The author adopts a coherentist approach to legal argumentation.Ceteris paribus, the degree of coherence of argumentation depends on answers to such questions as: How many statements belonging to the justification are supported by reasons, that is, not arbitrary?, How profound is the justification, that is, how long are the chains of reasons it contains?, How closely interconnected are the reasons, for example in such a way that the same conclusion follows from various independent reasons?, How relevant are the reasons in (...) the context in question?, etc.A reasonable legal argumentation is a special case of a reasonable moral argumentation. Both contain moral substantive reasons and legal authority reasons. On the other hand, some particularities of legal argumentation must be noticed, as well. Among other things, the lawyers take for granted that legal reasoning is based on valid law and that some sources of law, such as statutes, are binding.There exist various juristic roles and corresponding types of argumentation, e.g., judicial and doctrinal ones. Yet, all kinds of legal argumentation must use weighing and balancing in order to make the law coherent and morally acceptable. Consequently, all general principles and criteria of coherence are applicable to all these types but their weight varies between them. (shrink)

The point of this paper is to provide a principled framework for a naturalistic, interactivist-constructivist model of rational capacity and a sketch of the model itself, indicating its merits. Being naturalistic, it takes its orientation from scientific understanding. In particular, it adopts the developing interactivist-constructivist understanding of the functional capacities of biological organisms as a useful naturalistic platform for constructing such higher order capacities as reason and cognition. Further, both the framework and model are marked by the finitude and fallibility (...) that science attributes to organisms, with their radical consequences, and also by the individual and collective capacities to improve their performances that learning organisms display. Part A prepares the ground for the exposition through a critique of the dominant Western analytic tradition in rationalising science, followed by a brief exposition of the naturalist framework that will be employed to frame the construction. This results in two sets of guidelines for constructing an alternative. Part B provides the new conception of reason as a rich complex of processes of improvement against epistemic values, and argues its merits. It closes with an account of normativity and our similarly developing rational knowledge of it, including (reflexively) of reason itself. (shrink)

In formal logic there is a premium on clever paraphrase, for it subsumes troublesome inferences under a familiar theory. (A paradigm is Davidson's analysis 1967 of inferences like ?He buttered his toast with a knife; so, he buttered his toast?.) But the need for paraphrase in formal logic runs deeper than the odd recalcitrant inference, and thus, I shall argue, commits logicians to some interesting consequences. First, the thesis that arguments are valid in virtue of their form must be severely (...) qualified (?4). And second, it is misleading to view a formal logical theory as a standard for justifying and criticizing inference (?7). The latter point depends on the nature and role of paraphrase, which permit a range of conflicting logical theories. Conflicting logical theories arise from the conflicting goals of logical theorists and the promiscuous nature of paraphrase makes reconciliation impossible. (shrink)

After delineating the distinguishing features of pragmatism, and noting the resources that pragmatists have available to respond effectively as pragmatists to the two major objections to pragmatism, I examine and critically evaluate the various proposals that pragmatists have offered as a solution to the problem of induction, followed by a discussion of the pragmatic positions on the status of theoretical entities. Thereafter I discuss the pragmatic posture toward the nature of explanation in science. I conclude that pragmatism has (a) a (...) generally compelling solution to Hume's problem of induction; (b) no specific position on the status of theoretical entities, although something like the non-realism of the sort developed by van Fraassen seems a defensible candidate for most pragmatists in general, even though there are non-trivial objections to van Fraassen's position; and (c) central to the pragmatic conception of scientific explanation is the abandonment of our common conception of truth as a necessary condition for sentences to provide adequate explanations, and a drift in the direction of a contextualist account of explanation. (shrink)

: The purpose of this paper and its sister paper I (Farrell and Hooker, a) is to present, evaluate and elaborate a proposed new model for the process of scientific development: self-directed anticipative learning. The vehicle for its evaluation is a new analysis of a well-known historical episode: the development of ape language research. Paper I examined the basic features of SDAL in relation to the early history of ape-language research. In this second paper we examine the reconceptualization of ape-language (...) research following what many conceived to be Terrace's refutation of ape-language. We show that the apparent 'revolution' in our understanding of ape linguistic capacities was not based upon 'revolutionary' research different in kind from 'normal' research. The same processes of self-directed interactive exploration of possibility space, that enables a homing-in upon both error and success, is present in all phases of productive science. Moreover, conceiving science as an SDAL process explains how scientists learn how to learn about their research domain. (shrink)

It is argued that fundamental to Piaget's life works is a biologically based naturalism in which the living world is a nested complex of self-regulating, self-organising (constructing) adaptive systems. A structuralist-rationalist overlay on this core position is distinguished and it is shown how it may be excised without significant loss of content or insight. A new and richer conception of the nature of Piaget's genetic epistemology emerges, one which enjoys rich interrelationships with evolutionary epistemology. These are explored and it is (...) shown how a regulatory systems evolutionary epistemology may be embedded within genetic epistemology. (shrink)

This paper presents a naturalistic response to the challenge of epistemic relativism. The case of the Azande poison oracle is employed as an example of an alternative epistemic norm which may be used to justify beliefs about everyday occurrences. While a distinction is made between scepticism and relativism, an argument in support of epistemic relativism is presented that is based on the sceptical problem of the criterion. A response to the resulting relativistic position is then provided on the basis of (...) a particularist response to scepticism combined with a naturalistic approach to the warrant of epistemic norms. It is argued that it is possible to comparatively assess the ability of epistemic norms to lead to epistemic aims. As against the epistemic relativist, it is possible to provide an objective basis for the choice between alternative epistemic norms. (shrink)

Naturalists seek continuity between epistemology and science. Critics argue this illegitimately expands science into epistemology and commits the fallacy of scientism. Must naturalists commit this fallacy? I defend a conception of naturalized epistemology which upholds the non-identity of epistemic ends, norms, and concepts with scientific evidential ends, norms, and concepts. I argue it enables naturalists to avoid three leading scientistic fallacies: dogmatism, one dimensionalism, and granting science an epistemic monopoly.

There are two interrelated but distinct programs which go by the name evolutionary epistemology. One attempts to account for the characteristics of cognitive mechanisms in animals and humans by a straightforward extension of the biological theory of evolution to those aspects or traits of animals which are the biological substrates of cognitive activity, e.g., their brains, sensory systems, motor systems, etc. (EEM program). The other program attempts to account for the evaluation of ideas, scientific theories and culture in general by (...) using models and metaphors drawn from evolutionary biology (EET program). The paper begins by distinguishing the two programs and discussing the relationship between them. The next section addresses the metaphorical and analogical relationship between evolutionary epistemology and evolutionary biology. Section IV treats the question of the locus of the epistemological problem in the light of an evolutionary analysis. The key questions here involve the relationship between evolutionary epistemology and traditional epistemology and the legitimacy of evolutionary epistemology as epistemology. Section V examines the underlying ontological presuppositions and implications of evolutionary epistemology. Finally, section VI, which is merely the sketch of a problem, addresses the parallel between evolutionary epistemology and evolutionary ethics. (shrink)

John McDowell, Richard Rorty, and Robert Brandom invoke Sellars’s arguments against the Myth of the Given as having shown that the Given is nothing more than a myth. But most of Sellars’s arguments attack logical atomism, not the framework of givenness as such. Moreover, they do not succeed. At crucial points the arguments confuse the perspectives of a knower and those attributing knowledge to a knower. Only one argument-the “inconsistent triad” argument-addresses the Myth of the Given as such, and there (...) are several ways of escaping its conclusion. Invocations of Sellars’s refutation of the Myth of the Given are empty. (shrink)

Popper is well known for rejecting a logic of discovery, but he is only justified in rejecting the same type of logic of discovery that is denied by consequentialism. His own account of hypothesis generation, based on a natural selection analogy, involves an error-eliminative logic of discovery and the differences he admits between biological and conceptual evolution suggest an error-corrective logic of discovery. These types of logics of discovery are based on principles of plausibility that are used in the generation (...) as opposed to the preliminary evaluation of hypotheses. The normative relevance of these principles is grounded in the distinction between strategic and definitory rules. (shrink)

The central terms of certain theories which were valued highly in the past, such as the phlogiston theory, are now believed by realists not to refer. Laudan and others have claimed that, in the light of the existence of such theories, scientific realism is untenable. This paper argues in response that realism is consistent with — and indeed is able to explain — such theories' having been highly valued and yet not being close to the truth. It follows that the (...) set of highly-valued past theories cited by Laudan, presumed to militate against realism, is in fact innocuous to the doctrine. The argument hinges largely on identifying the grounds on which theory-adoption is actually performed. (shrink)

The role of interaction in learning is essential and profound: it must provide the means to solve open problems (those only vaguely specified in advance), but cannot be captured using our familiar formal cognitive tools. This presents an impasse to those confined to present formalisms; but interaction is fundamentally dynamical, not formal, and with its importance thus underlined it invites the development of a distinctively interactivist account of life and mind. This account is provided, from its roots in the interactivist (...) biological constitution of life, through the evolution of the dual internal regulatory capacities expressed as intentionality and intelligence, to its expression in self-directed anticipative learning in persons and in science. (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)

The present work constitutes an attempt to make explicit those pragmatic norms successfully operating in empirical science. I will first comment on the initial presuppositions of the discussion, in particular, on those concerning the instrumental character of scientific practice and the nature of scientific goals. Then I will depict the moderately naturalistic frame in which, from this approach, the pragmatic norms make sense. Third, I will focus on the specificity of the pragmatic norms, making special emphasis on what I regard (...) as a key idea underlying them, namely, the view, vigorously advocated by classical pragmatists like C. S. Peirce and G. Vailati, that the best test for objectivity is the test of action. Finally, I am going to put forward a tentative list of pragmatic norms that can be abstracted from a careful observation and analysis of scientific practice as provided by current philosophers of experimentation (A. Franklin and F. Steinle among others). The norms will be divided into four classes corresponding to four aspects of science in which they rule, that is, self-correction, prediction, explanation and both experimentation and computation. In the following account, the formulation of those pragmatic norms successfully governing science will be understood as a contribution that scientifically-oriented pragmatism can make to the normative naturalistic project in epistemology. (shrink)

This artical explores that application of evolutionary approaches to the study of entrepreneurship. It is argued an evolutionary theory of entrepreneurship must give as much concern to the foundations of evolutionary thought as it does the nature of entrepreneurship. The central point being that we must move beyond a debate or preference of the natural selection and adaptationist viewpoints. Only then can the interrelationships between individuals, firms, populations and the environments within which they interact be better appreciated.

The paper argues that future knowledge will in substantial measure be inscrutable for us today, with the principal exception of facts about the past. The paper considers the reasons for this circumstance and examines its wider implications for the condition of human knowledge.

The aim of this paper is to provide the beginnings of a theory of justification. This theory is an alternative to the two currently available and unsatisfactory options: foundationalism and coherentism. Both of these theories, as well as the decisive sceptical objections to them, are committed to the assumption that there is only one context of justification and only one standard of justification. This assumption is mistaken. There are two contexts of justification, each with a standard peculiar to it. The (...) consequence of this is the need for a radical reorientation in epistemology. (shrink)

Using concepts of evolutionary game theory, this paper presents a critique of ethical intuitionism, or non-naturalism, in its cognitivist and objectivist interpretation. While epistemological considerations suggest that human rational learning through experience provides no basis for objective moral knowledge, it is argued below that modern evolutionary theory explains why this is so, i.e., why biological organisms do not evolve so as to experience objective preferences and obligations. The difference between the modes of the cognition of objective and of valuative environmental (...) attributes is explained with reference to different modes of natural selection acting on the cognitive apparatus of the organism. The negative implications are pointed out which the observable diversity of intraspecific behavioural adaptations and of cultural values has for the cognitivist, objectivist foundation of ethics. Eventually a non-cognitivist alternative to ethical intuitionism is outlined in terms of empirical authority relations, with the ritualisation of dominance-submission patterns as the evolutionary origin of human charismatic authority. (shrink)