In this paper we consider whether a pragmatics of semantic content can be a useful approach to legal interpretation. More broadly speaking, since a pragmatic conception of meaning is a component of inferential semantics, we consider whether an inferentialist approach to legal interpretation can be useful in dealing with some problems of this important aspect of law. In other words, we ask whether Legal Inferentialism is a suitable conception for legal interpretation. In Section 1 we briefly consider the semantics/pragmatics debate (...) in contemporary philosophy of language and in relation to legal interpretation. In Section 2 we discuss the relations between a pragmatics of semantic content and an inferentialist conception of content. In Section 3 we consider how Inferentialism can be applied to legal interpretation. Finally, in Section 4 we consider some possible advantages and drawbacks of Inferentialism applied to legal interpretation and adjudication. (shrink)

Resumen: Este trabajo se propone revisar la tesis de la proliferación de alternativas, expuesta por Boaventura de Sousa Santos, a la luz de algunas críticas a la tesis de la proliferación de teorías, expuesta por Paul Feyerabend. Se defiende que, aunque no de modo explícito, hay una afinidad entre ambas tesis y, en consecuencia, las debilidades de la segunda afectan a la primera. No obstante, el objetivo básico consiste en mostrar cómo propuestas emergentes, como la ecología de los saberes, antes (...) que insistir en su carácter contraepistemológico, podrían beneficiarse de una discusión epistemológica amplia.: In this paper I review the thesis about the proliferation of alternatives by Boaventura de Sousa Santos, from some criticisms to the thesis of the proliferation of theories by Paul Feyerabend. I claim that, though not in explicit way, there is an affinity between them, therefore the weakness from the second one affects the first one. However, the point is to show how some emergent proposals, as the ecology of knowledges, could benefit from a full epistemological discussion, instead of insisting on its counter-epistemological nature. (shrink)

One of the most powerful but elusive motifs in pragmatist philosophy is the idea that a liberal democracy should be understood as a community of inquirers. This paper offers a critical appraisal of a recent attempt to make sense of this intuition in the context of contemporary political theory, in what may be called pragmatist political liberalism . Drawing together ideas from Rawlsian political liberalism, epistemic democracy and pragmatism, proponents of PPL argue that the pragmatist conception of inquiry can provide (...) a satisfying interpretation of the idea of justificatory neutrality as it appears in political liberalism. This is contrasted with Dewey's understanding of the epistemic character of democracy, which is viewed as unacceptably sectarian. This paper identifies and criticizes the two principal lines of argument made in support of PPL: the clarification argument and the fixation argument. Neither of these lines of argument, it is argued, passes the test each sets itself. I argue that the latter closes down the epistemic openness in the justification of democracy that is central to pragmatism. (shrink)

: This paper explicates and defends the thesis that individual rational judgment, of the kind required for justification, whether in cognition or in morals, is fundamentally socially and historically conditioned. This puts paid to the traditional distinction, still influential today, between ‘rational’ and ‘historical’ knowledge. The present analysis highlights and defends key themes from Kant’s and Hegel’s accounts of rational judgment and justification, including four fundamental features of the ‘autonomy’ of rational judgment and one key point of Hegel’s account of (...) ‘mutual recognition’. These themes are linked to Kant’s and Hegel’s transformation of the modern natural law tradition. The results explain why Kant’s and Hegel’s philosophy are indeed the origins of the properly pragmatic account of rationality, why the pragmatic account of rationality provides genuine rational justification and why this pragmatic account of rational justification is consistent with realism about the objects of empirical knowledge and with strict objectivity about moral norms. > Russian translation : Nelly Motroshilova, ed., К 200-летию выхода в свет «Феноменологии духа» Гегеля, 195–219. > Turkish translation : ‘Hegel’in Tinin Görüngübilimi’nde Karşihkh Onanma ve Ussal Gerekçelendirme’. MonoKL 4–5 :212–231. (shrink)

Uno de los temas recurrentes en el análisis de la prueba pericial, al menos en los sistemas de tradición romano-germánica, es la parcialidad o imparcialidad de los expertos, fundamentalmente considerada como un criterio para la atribución de valor probatorio. Por ello, vale la pena profundizar en este tema, distinguiendo en primer lugar diversos sentidos de “im/parcialidad”, para luego concretar mecanismos jurídico-procesales que ayuden a identificar cuándo un perito está siendo parcial a lo largo de las diferentes etapas probatorias.

In recent work, Cheryl Misak has developed a novel justification of deliberative democracy rooted in Peircean epistemology. In this article, the author expands Misak's arguments to show that not only does Peircean pragmatism provide a justification for deliberative democracy that is more compelling than the justifications offered by competing liberal and discursivist views, but also fixes a specific conception of deliberative politics that is perfectionist rather than neutralist. The article concludes with a discussion of whether the `epistemic perfectionism' implied by (...) the pragmatist argument could be endorsed by liberal democrats. Key Words: deliberative democracy • epistemology • liberalism • Cheryl Misak • Charles Peirce • perfectionism • pragmatism • truth. (shrink)

Although postmodernist thought has become prominent in some educational circles, its influence on science education has until recently been rather minor. This paper examines the proposal of Michalinos Zembylas, published earlier in this journal, that Lyotardian postmodernism should be applied to science educational reform in order to achieve the much sought after positive transformation. As a preliminary to this examination several critical points are raised about Lyotard's philosophy of education and philosophy of science which serve to challenge and undermine Zembylas’ (...) project. Subsequently, the three main theses of Lyotard that Zembylas considers beneficial and wishes to transpose onto science classrooms and pedagogy are scrutinized and found to be more of a hindrance than a help to curriculum reformers. (shrink)

I shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology (a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications, and distinguish the mere possession of an inferentially defined concept from the belief in the concept’s applicability, which also involves the acceptance of the concept’s constitutive inferences. For making this distinction, the inferential and eliminative analysis of legal concepts proposed by Alf Ross will be connected to the views (...) on theoretical concepts in science advanced by Frank Ramsey and Rudolf Carnap. Consequently, the mere comprehension of a legal concept will be distinguished from the application of the concept to a particular legal system, since application presupposes a doctrinal commitment, namely, the belief that the inferences constituting the concept hold in that system. Then, I shall consider how concepts can be characterised by defining the corresponding terms and placing them within an ontology. Finally, I shall argue that there is a tension between the inferential and the ontological approach, but that both need to be taken into account, to capture the meaning and the cognitive function of legal concepts. (shrink)

In recent years, many philosophers of science have rejected the “value-free ideal” for science, arguing that non-epistemic values have a legitimate role to play in scientific inquiry. However, this philosophical position raises the question of how to distinguish between legitimate and illegitimate influences of values in science. In this paper, we argue that those seeking to address this “new” demarcation problem can benefit by drawing lessons from the “old” demarcation problem, in which philosophers tried to find a way of distinguishing (...) between science and non-science. Many of those who worked on this problem ultimately found that efforts to provide necessary and sufficient conditions for defining science failed, and most concluded that the best solution to the problem was to characterize scientific hypotheses, theories, and research programs in terms of some common norms. We suggest that those seeking to distinguish between legitimate and illegitimate value influences on science would do well to adopt a similar approach. Rather than attempting to establish necessary and sufficient conditions for identifying appropriate value influences, it will be more fruitful to evaluate scientific activities based on their adherence to a set of epistemic and ethical norms that can be implemented in scientific practice by means of rules, conventions, policies, and procedures. (shrink)

This paper evaluates attempts to defend established concepts of expertise and clinical judgement against the incursions of evidence‐based practice. Two related arguments are considered. The first suggests that standard accounts of evidence‐based practice imply an overly narrow view of ‘evidence’, and that a more inclusive concept, incorporating ‘patterns of knowing’ not recognised by the familiar evidence hierarchies, should be adopted. The second suggests that statistical generalisations cannot be applied non‐problematically to individual patients in specific contexts, and points out that this (...) is why we need clinical judgement. In evaluating the first argument, I propose a criterion for what counts as evidence. It is a minimalist criterion but the ‘patterns of knowing’, referred to in the literature, still fail to meet it. In evaluating the second argument, I will outline the powerful empirical reasons we have for thinking that decisions based on research evidence are usually better than decisions based on clinical judgement; and show that current efforts to rehabilitate clinical judgement seriously underestimate the strength of these reasons. By way of conclusion, I will sketch the ways in which the concept of expertise will have to be modified if we accept evidence‐based practice as a template for health‐care. (shrink)

Scientific realists use the “no miracle argument” to show that the empirical and pragmatic success of science is an indicator of the ability of scientific theories to give true or truthlike representations of unobservable reality. While antirealists define scientific progress in terms of empirical success or practical problem-solving, realists characterize progress by using some truth-related criteria. This paper defends the definition of scientific progress as increasing truthlikeness or verisimilitude. Antirealists have tried to rebut realism with the “pessimistic metainduction”, but critical (...) realists turn this argument into an optimistic view about progressive science. (shrink)

ABSTRACT: Abstract Most modern knowledge is not science. The physical sciences have successfully validated theories to infer they can be used universally to predict in previously unexperienced circumstances. According to the conventional conception of science such inferences are falsified by a single irregular outcome. And verification is by the scientific method which requires strict regularity of outcome and establishes cause and effect. -/- Medicine, medical research and many “soft” sciences are concerned with individual people in complex heterogeneous populations. These populations (...) cannot be tested to demonstrate strict regularity of outcome in every individual. Neither randomised controlled trials nor observational studies in medicine are science in the conventional conception. Establishing and using medical and other “soft science” theories cannot be scientific. It requires conceptually different means: requiring expert judgement applying all available evidence in the relevant available factual matrix. -/- The practice of medicine is observational. Prediction of outcomes for the individual requires professional expertise applying available medical knowledge and evidence. Expertise in any profession can only be acquired through experience. Prior cases are the fundament of knowledge and expertise in medicine. Case histories, studies and series can provide knowledge of extremely high reliability applicable to establishing reliable general theories and falsifying others. Their collation, study and analysis should be a priority in medicine. Their devaluation as evidence, the failure to apply their lessons, the devaluation of expert professional judgement and the attempt to emulate the scientific method are all historic errors in the theory and practice of modern medicine. (shrink)

Feminist critiques of science show that systematic biases strongly influence what scientific communities find salient. Features of reality relevant to women, for instance, may be under-appreciated or disregarded because of bias. Many feminist analyses of values in science identify problems with salience and suggest better epistemologies. But overlooked in such analyses are important discussions about intellectual virtues and the role they play in determining salience. Intellectual virtues influence what we should find salient. They do this in part by managing the (...) emotions, which are cognitively involved in what we actually do find salient. One reason intellectual virtues do not factor more strongly in feminist epistemology is the mistaken assumption that they could not serve as explicit epistemic community standards for scientific inquiry. There are good reasons, however, to think in terms of community intellectual virtue and consequently, to advance explicit public standards of intellectual virtue for scientific research. To show how explicit public standards for intellectual virtue might improve reasoning in biased conditions, I analyze a striking oversight in several evolutionary immunological hypotheses concerning women's reproduction and sexuality. I conclude that feminist epistemology would benefit from greater consideration of intellectual virtues, particularly in connection with social epistemological insights. (shrink)

This inaugural handbook documents the distinctive research field that utilizes history and philosophy in investigation of theoretical, curricular and pedagogical issues in the teaching of science and mathematics. It is contributed to by 130 researchers from 30 countries; it provides a logically structured, fully referenced guide to the ways in which science and mathematics education is, informed by the history and philosophy of these disciplines, as well as by the philosophy of education more generally. The first handbook to cover the (...) field, it lays down a much-needed marker of progress to date and provides a platform for informed and coherent future analysis and research of the subject. -/- The publication comes at a time of heightened worldwide concern over the standard of science and mathematics education, attended by fierce debate over how best to reform curricula and enliven student engagement in the subjects There is a growing recognition among educators and policy makers that the learning of science must dovetail with learning about science; this handbook is uniquely positioned as a locus for the discussion. -/- The handbook features sections on pedagogical, theoretical, national, and biographical research, setting the literature of each tradition in its historical context. Each chapter engages in an assessment of the strengths and weakness of the research addressed, and suggests potentially fruitful avenues of future research. A key element of the handbook’s broader analytical framework is its identification and examination of unnoticed philosophical assumptions in science and mathematics research. It reminds readers at a crucial juncture that there has been a long and rich tradition of historical and philosophical engagements with science and mathematics teaching, and that lessons can be learnt from these engagements for the resolution of current theoretical, curricular and pedagogical questions that face teachers and administrators. (shrink)

Prof. Haack answers a series of questions on pragmatism, beginning with the origins of this tradition in the work of Peirce and James, its evolution in the work of Dewey and Mead, and its influence beyond the United States in, for example, the Italian pragmatists and the radical British pragmatist F. C. S. Schiller. Classical pragmatism, she observes, is a rich and varied tradition from which there is still much to be learned—as the many ways her own work in logic, (...) epistemology, metaphysics, philosophy of science, and philosophy of law has been informed by the old pragmatists testify. Of late, however, this tradition has been misunderstood, impoverished, and vulgarized by self-styled neo-pragmatists; here, Haack turns her attention specifically to the conception of pragmatism as essentially a political philosophy, and the near-vacuous equation of pragmatism with “problem-solving.”. (shrink)