The aim of this master’s thesis is to analyse and highlight the interaction between science, politics and law. More precisely, our research question concerns the use of scientific arguments in social spheres (notably in politics and law) instead of legal or political arguments. In fact, we want to raise the way in which certain actors invoke scientific arguments to impose "objective" elements of fact in debate and, in this way, refrain from politically and "subjectively" discussing these same elements (or, at (...) least, their social consequences). This Master’s thesis will adopt an interdisciplinary theoretical framework (chapter 1) mobilising philosophy of science, philosophy of law, sociology of law, legal technique and analytical theories. Then, we will apply it to a case study: the European regulation of genetically modified organisms (GMOs) after the European Court of Justice (CJEU) ruling of 25 July 2015 (chapter 2). The first chapter will provide theoretical elements to rethink the interaction between science, politics and law. The first section will propose a 'state of the art’ of the philosophical literature on the relationship between science (as a regime of truth) and politics. This master’s thesis will assess a truth under construction rather than a transcendental truth. Section 2 anticipates authoritarian claims based on science by considering the relationship science can have with power (Foucault). A solid review of philosophical, sociological and legal literature highlights the risks of giving decision-making power to an all-powerful science. Notably, the use of science to justify discriminatory policies is emphasised as these policies could not be challenged because, at the time, it was considered an objective scientific truth. Finally, section 3 offers a critique of the narratives of neutral and objective science, through the approach of science in action. This sociological approach presented all the doubts and subjectivity of science in action. The second chapter will propose a case study to illustrate the theoretical framework. We have chosen GMOs because they constitute a hybrid 'event', marked by scientific controversies, and with major socio-economic implications. The legal framework of GMOs in the European Union will be presented in the first section. In addition, the legal status of new breeding techniques (NBTs) will be examined. The second section will analyse the ruling of the European Court of Justice which made NBTs subject to GMO regulation. Finally, the third section will propose a reflection on the philosophy of law on the modes of existence of scientific, legal and political disciplines. (shrink)

The current state of philosophy of science is characterized by stasis in the struggle between realism and antirealism. In recent years, a number of authors have come out with a program of scientific perspectivism that claims to sublate this great collision and gain the status of a new epistemological paradigm: “perspectivism, or, better, perspectival realism, is one of the newest attempts to find a middle ground between scientific realism and antirealism” [1. P. 2]. Important milestones of the perspective movement were (...) the works of Ronald Giere, Francois Recanati, Bas van Fraassen, Michela Massimi, and others. The thesis of the article is that perspectivism has not yet realized its claims to autonomy, although it has become an important new arena for discussions between realists and antirealists who try to appropriate perspectivist concepts and arguments. The “middle ground,” when thought out consistently and thoroughly, turns out to lie not “between,” but either in the territory of realism or in the territory of antirealism, depending on the presumptions of the author of a particular perspectivist conception. This is demonstrated by the analysis of the conceptions of Giere, Massimi, and Recanati. Giere’s perspectivism is based on the metaphor of color vision, and for him only some (secondary) qualities of real objects turn out to be perspectival, i.e., subject-dependent. Massimi’s perspectivism attempts, on the basis of a visual arts metaphor, to combine the phenomenon of the plurality of scientific theories (“perspectival disagreement” about what an object is) with the general realist attitude of science (agreement about that there is an object). Recanati’s perspectivism syncretizes realism about ordinary objects and relativism about other things. The first two versions of perspectivism rely on a perceptual metaphor: perspective is conditioned by the perceptual constitution of the observer, that is, it arises at the mental or cognitive level. Recanati’s version attempts to derive perspective from contextuality, that is, it is semantic. However, it does not show exactly how perceptual categories are superimposed on theories or how scientific concepts reveal their perspectival character. The isomorphism of perception and theoretical thinking, sensibility and understanding, remains undemonstrated. On the one hand, perspectivist efforts are motivated by an important concern to account for antirealist critique (lack of access to the “view from nowhere,” factual and semantic underdetermination, difficulties with the idea of approaching the truth, the historicity of knowledge, the activeness of the constructing subject, etc.) while preserving the scientific commitment to universality, validity, and truthfulness. On the other hand, the ontological question remains fundamental and unavoidable, and perspectivism (yet?) fails to circumvent it. As we see, all three versions of perspectivism considered in this article turn out to be varieties of realism: Giere and Massimi recognize this explicitly, while Recanati de facto assumes a quite respectable and conservative position of selective realism with respect to ordinary objects. (shrink)

There is a widespread agreement that Nietzsche has developed a kind of position or doctrine called ‘perspectivism’. Scholars go on and develop metaphysical, semantic, epistemic, and psychobiological interpretations of the supposed Nietzschean perspectivism or even ‘perspectivisms’. They engage in debates about whether this perspectivism is relativistic, realistic, or anti-realistic and what the tenets of perspectivism are. In this paper, I suggest putting an end to this practice. I examine Nietzsche’s explicit mentions of the term ‘perspectivism’, the problems associated with the (...) misunderstanding of this term as a label, attempts to reconstruct perspectivism based on explicit mentions of ‘perspective’ and related vocabulary, and doctrinal assumptions scholars try to connect with this terminology. (shrink)

In this study, I reconstruct and compare Alain Badiou’s Being and Event (2005) and Graham Priest’s One (2014), arguing that the ontologies pursued within the two texts are intriguingly analogous in a number of ways. Both Badiou and Priest are committed to thinking through classically ontological problems without denying the validity of the paradoxes they raise; both regard Plato’s Parmenides as an early and formative account of these paradoxes; both establish conclusions to the effect that unity – or “oneness” – (...) is indeed a contradictory phenomenon; and both, as a corollary of this conclusion, develop frameworks which confer ontological prominence upon "the void" and "emptiness" respectively, thereby arriving at what appears to be a shared ontological nihilism. In this comparative study, I not only enquire whether the frameworks adopted by Badiou and Priest really do lead to nihilist conclusions, but also attempt to clearly outline their trajectories of thought for the benefit of those who might be tempted to dismiss their seemingly outlandish theses out of hand. (shrink)

I argue that knowing and having points of view are fundamentally different epistemic states if we assume that having justified true beliefs is necessary for knowledge. Knowers necessarily possess justified true beliefs, but persons holding points of view may, for example, lack justification, have false beliefs, or both. I examine these differences and expose other crucial differentiating patterns between the structure of knowledge and points of view that make the latter more likely to lead to disagreements. I hypothesize that these (...) patterns remain invariant in alternative views of knowledge like contextualism as long as we preserve the classical structure. Yet there is much research to be done on the multiple and contrasting properties that emerge if we consider non‐classical analyses of knowledge and points of view. (shrink)

In current debates, many philosophers of science have sympathies for the project of introducing a new approach to the scientific realism debate that forges a middle way between traditional forms of scientific realism and anti-realism. One promising approach is perspectivism. Although different proponents of perspectivism differ in their respective characterizations of perspectivism, the common idea is that scientific knowledge is necessarily partial and incomplete. Perspectivism is a new position in current debates but it does have its forerunners. Figures that are (...) typically mentioned in this context include Dewey, Feyerabend, Leibniz, Kant, Kuhn, and Putnam. Interestingly, to my knowledge, there exists no work that discusses similarities to the phenomenological tradition. This is surprising because here one can find systematically similar ideas and even a very similar terminology. It is startling because early modern physics was noticeably influenced by phenomenological ideas. And it is unfortunate because the analysis of perspectival approaches in the phenomenological tradition can help us to achieve a more nuanced understanding of different forms of perspectivism. The main objective of this paper is to show that in the phenomenological tradition one finds a well-elaborated philosophy of science that shares important similarities with current versions of perspectivism. Engaging with the phenomenological tradition is also of systematic value since it helps us to gain a better understanding of the distinctive claims of perspectivism and to distinguish various grades of perspectivism. (shrink)