Logical positivism is often characterized as a set of naive doctrines on meaning, method, and metaphysics. In recent decades, however, historians have dismissed this view as a gross misinterpretation. This new scholarship raises a number of questions. When did the standard reading emerge? Why did it become so popular? And how could commentators have been so wrong? This essay reconstructs the history of a “caricature” and rejects the hypothesis that it was developed by ill-informed Anglophone scholars who failed to (...) appreciate the subtleties of European scientific philosophy. It argues that the received view has a more complicated history and was frequently promoted by the European positivists themselves. The essay shows that the view has roots in both American and European scientific philosophy and emerged as a result of the complex interplay between the two communities in the years before the intellectual migration. (shrink)

Legal positivists maintain that the legality of a rule is fundamentally determined by social facts. Yet for much of legal history, ordinary officials used legal terminology in ways that seem inconsistent with positivism. Judges regularly cited, analyzed, and predicated their decisions on the ‘laws of justice’ which they claimed had universal legal import. This practice, though well-documented by historians, has received surprisingly little philosophical attention; I argue that it invites explanation from positivists. After taxonomizing the positivist’s explanatory options, I (...) suggest that the most viable option appeals to conceptual change: classical Romans, early modern Europeans, founding-era Americans were not using ‘law’ (or ‘lex’ or ‘jus’) to refer to the subject matter of contemporary legal philosophy. But the strategy is costly. It renders positivism’s truth surprisingly parochial. And it supplies new reasons for doubting positivist accounts of contemporary practices, including the treatment of moral principles in modern adjudication. (shrink)

In this paper, we investigate how the life and work of Louis Rougier relate to the broader political dimension of logical empiricist philosophy. We focus on three practical projects of Rougier in the 1930s and 1940s: first, his attempts to integrate French-speaking philosophers into an international network of scientific philosophers by organizing two Unity of Science conferences in Paris; second, his role in the renewal of liberalism through the organization of the Walter Lippmann Colloquium; and third, his attempts at political (...) negotiations between Great Britain and the Vichy regime during the Second World War. These activities of Rougier in the 1930s and 1940s have so far never been discussed as part of a unified project on his part. Based on our investigations of these practical projects of Rougier, we argue that his relation to logical empiricist philosophers should primarily be understood on the level of action. His projects aimed to proliferate the concrete improvement of society and the lives of its citizens by expunging all metaphysical questions and speculations from the sphere of social discourse. Rougier conceived logical empiricist philosophers as allies to achieve such practical effects in society. (shrink)

Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no (...) necessary connection between law and morality. Robert Alexy has argued, however, that the law, besides consisting conceptually of elements of authoritative issuance and social efficacy, necessarily lays a claim to substantial correctness, which is derived from analytical arguments. Furthermore, if this claim to substantial correctness necessarily requires the incorporation of moral elements into law, then the ‘necessary connection thesis’, as defended by non-positivism, can be justified. Some of the most significant objections to this sort of claim, stemming from the Anglo-American world, are those introduced by Joseph Raz. In his ‘Reply’ to Robert Alexy, Raz raises at least three interesting criticisms, including, first, the ambiguity of ‘legal theory in the positivistic tradition’, second, the indeterminate formulations of the ‘separation thesis’, and, third, the necessary claim of law to legitimate authority as a moral claim. As a point of departure, I will argue that Raz’s three criticisms are misleading. For they do not enhance our understanding of the genuine compatibility or incompatibility between legal positivism and non-positivism. Despite the frequently reformulated theses of legal positivism and the various kinds of opponents responding thereto, the essential divergence between legal positivism and non-positivism was and remains the answer to the question of the relation between law and morality. Furthermore, I will clarify that in the strictest sense there can be three and only three logically possible positions concerning the relation between law and morality: the connection between them is either necessary, or impossible (i. e. they are necessarily separate), or contingent (i. e. they are neither necessarily connected nor necessarily separate). The first position is non-positivistic, while the latter two positions are, indeed, both positivistic, but in different forms: one may be called ‘exclusive’ legal positivism, the other ‘inclusive’ legal positivism. I will continue by showing that these three positions stand to one another in the relation of contraries, not contradictories, and that, taken together, they exhaust the logically possible positions concerning the relation between law and morality, never mind the tradition or authority from which these positions are derived. Raz mentions, however, many changeable formulations of the separation thesis, which even leads him to acknowledge ‘necessary connections between law and morality’. One who is trying to understand legal positivism would no doubt be puzzled by this claim. Nevertheless, I will argue that this is an alternative strategy of legal positivism, and it points to naturalistically oriented view. Although this necessary separation between law and morality, understood naturalistically, strikes one as strengthening the separation, in the end it leads to a weakened notion of necessity. This weakened necessary separation thesis, however, cannot be justified through the so-called claim of the law to legitimate authority, defended by Raz, for it is difficult to answer the question of whether a normally justified but factual authority can gain legitimate authority. Finally, the necessary connection between law and morality in a strong sense can still be justified by the claim of law to correctness, as per Alexy’s argument. (shrink)

Due to their acceptance of the verifiability principle, the only way left for logical positivists to argue for the meaningfulness of religious language was to accept some sort of emotivistic conception of it or to reduce it to the description of religious attitude. The verifiability principle, however, suffers from some severe limitations that make it inadequate as a criterion for cognitive meaning. To resolve these problems, logical positivists gave up the requirement of conclusive verifiability and defended a sort of ‘liberalization’ (...) of the verifiability principle. Carnap’s confirmability criterion for cognitive meaning, which is a liberalized form of the verifiability principle, is compatible with an orthodox conception of religious language since, from a theistic perspective, the existence of God can be confirmed through our observational statements. (shrink)

Nietzsche’s favourable comments about science and the senses have recently been taken as evidence of naturalism. Others focus on his falsification thesis: our beliefs are falsifying interpretations of reality. Clark argues that Nietzsche eventually rejects this thesis. This article utilizes the multiple ways of being science friendly in Nietzsche’s context by focussing on Mach’s neutral monism. Mach’s positivism is a natural development of neo-Kantian positions Nietzsche was reacting to. Section 15 of Beyond Good and Evil is crucial to Clark’s (...) interpretation. The presented interpretation makes better sense of this passage and shows that Nietzsche can accept both falsification and empiricism. (shrink)

I distinguish several doctrines that economic methodologists have found attractive, all of which have a positivist flavour. One of these is the doctrine that preference assignments in economics are just shorthand descriptions of agents' choice behaviour. Although most of these doctrines are problematic, the latter doctrine about preference assignments is a respectable one, I argue. It doesn't entail any of the problematic doctrines, and indeed it is warranted independently of them.

A general consensus has emerged in the scholarship on Latin American thought dating from the latter half of the nineteenth century through the first quarter of the twentieth. Latin American intellectuals widely adapted the European philosophy of positivism in keeping with the demands of their own social and political contexts, effectively making positivism the second most important philosophical tradition in the history of Latin America, after scholasticism. However, as thinkers across Latin America faced the challenges of the twentieth (...) century, they grew increasingly disappointed with positivism, so that “anti-positivism” stands out as a defining feature of Latin American philosophy in the early twentieth century. In this essay, I challenge or at least add nuance to this widely accepted narrative by demonstrating considerable continuity rather than simple rupture between positivism and “anti-positivism” in Latin America. I focus on Mexico, where both positivism and the reaction against it are generally taken to have been strongest, or at least most politically significant. After tracing the history of positivism’s transformations in Mexico from Auguste Comte (1798-1857) to Gabino Barreda (1818-1881) to Justo Sierra (1848-1912), I show how Mexico’s leading “anti-positivist” philosophers—José Vasconcelos (1882-1959) and Antonio Caso (1883-1946)—draw substantially upon their positivist predecessors. (shrink)

By the lights of a central logical positivist thesis in modal epistemology, for every necessary truth that we know, we know it a priori and for every contingent truth that we know, we know it a posteriori. Kripke attacks on both flanks, arguing that we know necessary a posteriori truths and that we probably know contingent a priori truths. In a reflection of Kripke's confidence in his own arguments, the first of these Kripkean claims is far more widely accepted than (...) the second. Contrary to received opinion, the paper argues, the considerations Kripke adduces concerning truths purported to be necessary a posteriori do not disprove the logical positivist thesis that necessary truth and a priori truth are co-extensive. (shrink)

The West German positivist dispute in the 1960s is well known and thoroughly studied. At about the same time positivist disputes also took place in two Scandinavian countries: one in Norway and one in Sweden. What did the front lines in the debate look like in the three countries? What was the outcome of the different disputes? The main focus in the article is on the Swedish case, but some comparative perspectives relating to the three disputes will also be presented. (...) The Swedish positivist dispute originated with Gerard Radnitzky’s doctoral dissertation in theory of science, defended at the University of Gothenburg in May 1968, Contemporary Schools of Metascience (2 volumes). The dissertation caused a stir of controversy. It meant a challenge to the Swedish philsophical establishment because it leaned heavily on continental philosophers such as Karl-Otto Apel and Jürgen Habermas, who at the time were more or less unknown in Sweden. The controversy was continuated in the following years, most notably in the leftist journal Häften för kritiska studier (Notebooks for Critical Studies). (shrink)

In this paper I explore a positivist methodological tradition in early demand theory, as exemplified by several common traits that I draw from the works of V. Pareto, H. L. Moore and H. Schultz. Assuming a current approach to explanation in the social sciences, I will discuss the building of their various explanans, showing that the three authors agreed on two distinctive methodological features: the exclusion of any causal commitment to psychology when explaining individual choice and the mandate to test (...) the truth of demand theory on aggregate data by statistical means. However, I also contend, from an epistemological point of view, that the truth of demand theory was conceived of in three different ways by our authors. Inspired by Poincaré, Pareto assumed that many different theories could account for the same data on individual choice, coming close to a kind of conventionalism -though I prefer to refer to this position as theoreticism. Moore was himself akin to Pearson's approach, which could be named descriptivist insofar as it resolved scientific laws into statistical descriptions of the data. Finally, Schultz tried to reconcile both approaches in an adequationist stance with no success, as we shall see. (shrink)

The received view in the history of the philosophy of psychology is that the logical positivists—Carnap and Hempel in particular—endorsed the position commonly known as “logical” or “analytical” behaviourism, according to which the relations between psychological statements and the physical-behavioural statements intended to give their meaning are analytic and knowable a priori. This chapter argues that this is sheer legend: most, if not all, such relations were viewed by the logical positivists as synthetic and knowable only a posteriori. It then (...) traces the origins of the legend to the logical positivists’ idiosyncratic extensional or at best weakly intensional use of what are now considered crucially strongly intensional semantic notions, such as “translation,” “meaning” and their cognates, focussing on a particular instance of this latter phenomenon, arguing that a conflation of explicit definition and analyticity may be the chief source of the legend. (shrink)

In this paper, I look at Susan Stebbing’s articles and reviews that critically engage logical positivism. These appeared before the publication of A.J. Ayer’s Language, Truth and Logic and helped shape the early British reception of logical positivism. I highlight Stebbing’s adoption of G.E. Moore’s tripartite distinction between knowing a proposition, understanding it, and giving an analysis of it and, in light of this distinction, her focus on whether the principle of verifiability can ground a plausible account of (...) communication. Stebbing thinks not, and I reconstruct her reasons, as well as her own account of communication. In doing this, I relate her criticisms to her rejection of methodological solipsism and her dissatisfaction with the logical positivist treatment of statements about other minds and the past. I also argue that Stebbing’s work provides a bridge to later criticisms of logical positivism from ordinary language philosophers. Foregrounding Stebbing’s engagement with logical positivism, especially her focus on communication, paints a fuller picture of how the logical positivists came to be part of analytic philosophy despite having different concerns than many of the British philosophers engaging their work. (shrink)

Legal positivism emerged in response to natural law, as an indictment on the latter’s metaphysical predilections. Natural law dominance created a yearning for empiricism, or even a ‘hard scientism’ in approach to understanding socially constructed phenomenon, including legal praxis. From its Benthamite origins, it has since been developed, with recent, spirited debate still undertaken among towering legal scholars. Although its validity is contested to some, it remains as an analytic point of view of the law. Yet, within its design, (...) there is quite a bit of subject matter put out of view of the positivist, even though it is observable phenomenon within the sphere of legal praxis. This creates a void in which certain problems are unsolvable by the theory of law embodied in positivism. Rather than adjust the theory, the positivists either designate the void as the province for legal decision-making based on an internal morality in hard cases; or it criticises systems that do not strictly adhere to the positivist account as crude in the case of the international legal system. What follows is an account of HLA Hart’s brand of positivism, as it has remained dominant and perhaps the easiest to understand. I then identify subject-matter put out of view of positivism, with reference to Kelsen’s account of ‘authority’. I conclude that the positivist project is incomplete given its limited account of decision-making in hard cases and the international legal system. (shrink)

The hypothesis of this paper is that legal positivism depends on the non plausibility of strong moral cognitivism because of the non necessary connection thesis between law and morality that legal positivism is supposed to acknowledge. The paper concludes that only when based on strong moral cognitivism is it consistent to sustain the typical non-positivistic thesis of the necessary connection between law and morality. Habermas’s Philosophy of law is confronted with both positions.

This article compares and contrasts the reception of Comte’s positivism in the works of William Whewell, John Stuart Mill and Franz Brentano. It is argued that Whewell’s rejection of positivism derives from his endorsement of a constructivist account of the inductive sciences, while Mill and Brentano’s sympathies for positivism are connected to their endorsement of an empiricist account. The mandate of the article is to spell out the chief differences between these two rival accounts. In the last, (...) conclusive section, Whewell’s anti-positivist argument is briefly assessed, and rebutted. (shrink)

In the second half of the nineteenth century, many Latin American intellectuals adapted the philosophy of positivism to address the pressing problems of nation-building and respond to the demands of their own social and political contexts, making positivism the second most influential tradition in the history of Latin American philosophy, after scholasticism. Since a comprehensive survey of positivism’s role across Latin American and Latinx philosophy would require multiple books, this chapter presents the history of positivism and (...) its transformations in Mexican and Chicanx philosophies, proceeding chronologically and focusing on these representative thinkers: Auguste Comte (1798-1857), Gabino Barreda (1818-1881), Justo Sierra (1848-1912), José Vasconcelos (1882-1959), Antonio Caso (1883-1946), and Gloria Anzaldúa (1942-2004). We pay special attention to how positivism was used to build the Mexican nation and reconstruct Mexican identity through education, creating philosophical debates about the relationships among science, religion, morality, education, race, economic progress, and national development. These debates continue to resonate as we think critically about the respective roles of scientific education—then called “positive” education, now “STEM” education—and moral education in the curricula used to educate a country’s youth while reconstructing their ethnoracial and national identities. (shrink)

The object of this paper is to elaborate an understanding of Islamic law and legal theory in terms of the conceptual framework provided by Legal Positivism. The study is not based on denying or contesting the claim of Islamic law to being of divine origin; rather, it is based on the historical reality of Islamic law as part of a (once) living legal tradition, with structure, method, and theory, regardless of claims of origin. It will be suggested that Ash‘arism (...) may be taken as providing an Islamic version of Legal Positivism, and that the objections which Mu‘tazilism raised in the face of Ash‘arism were not different in substance from some of the objections that have been directed at contemporary Legal Positivism. It will also be suggested that the Ash‘arites and the Mu‘tazilites were not opposed to each other in the way they are commonly supposed to have been. Rather, they were preoccupied with different notions of what it is to be obliged (to have an obligation) to do something. (shrink)

This interdisciplinary paper identifies principles of an affluent country (im)migration policy that avoids: (1) the positivist inclusion/exclusion mechanism of liberalism and communitarianism; and (2) the idealism of most cosmopolitan (im)migration theories. First, I: (a) critique the failure of liberalism and communitarianism to consider (im)migration under distributive justice; and (b) present cosmopolitan (im)migration approaches as a promising alternative. This paper’s central claim is that cosmopolitan (im)migration theory can determine normative shortcomings in (im)migration policy by coupling elements of Frankfurt School methodology to (...) case studies of (im)migration regimes. Lastly, I apply this analytical procedure to recent special changes in Spanish and UK immigration law. (shrink)

Legal anti-positivism is widely believed to be a general theory of law that generates far too many false negatives. If anti-positivism is true, certain rules bearing all the hallmarks of legality are not in fact legal. This impression, fostered by both positivists and anti-positivists, stems from an overly narrow conception of the kinds of moral facts that ground legal facts: roughly, facts about what is morally optimific—morally best or morally justified or morally obligatory given our social practices. A (...) less restrictive view of the kinds of moral properties that ground legality results in a form of anti-positivism that can accommodate any legal rule consistent with positivism, including the alleged counter-examples. This form of “inclusive” anti-positivism is not just invulnerable to extensional challenges from the positivist. It is the only account that withstands extensional objections, while incorporating, on purely conceptual grounds, a large part of the content of morality into law. (shrink)

Recent work on Austrian philosophy has revealed, hitherto, unsuspected links between Vienna circle positivism on the one hand, and the thought of Franz Brentano and his circle on the other. the paper explores these links, casting light also on the Polish analytic movement, on the development of gestalt psychology, and on the work of Schlick and Neurath.

This paper is mainly about Brentano’s commentaries on Ernst Mach in his lectures “Contemporary philosophical questions” which he held one year before he left Austria. I will first identify the main sources of Brentano’s interests in Comte’s and J. S. Mill’s positivism during his Würzburg period. The second section provides a short overview of Brentano’s 1893-1894 lectures and his criticism of Comte, Kirchhoff, and Mill. The next sections bear on Brentano’s criticism of Mach’s monism and Brentano’s argument against the (...) reduction of the mental based on his theory of intentionality. The last section is about Brentano’s proposal to replace the identity relation in Mach’s theory of elements by that of intentional correlation. I conclude with a remark on the history of philosophy in Austria. (shrink)

This chapter discusses two different issues about the relationship between legal positivism and robust normativity (understood as the most authoritative kind of normativity to which we appeal). First, the chapter argues that, in many contexts when discussing “legal positivism” and “legal antipositivism”, the discussion should be shifted from whether legal facts are ultimately partly grounded in moral facts to whether they are ultimately partly grounded in robustly normative facts. Second, the chapter explores an important difference within the kinds (...) of arguments that legal philosophers give for the (purported) truth of legal positivism. The difference concerns whether (purportedly) robustly normative facts are appealed to as premises in those arguments or not. (A closely connected issue is whether (purportedly) normative facts that bear one or more important connections to robustly normative facts are appealed to in premises to those arguments.) The chapter argues that thinking about this dividing line helps people better situate the positivist/antipositivist dispute, better understand the space of views in legal philosophy, better evaluate those views, and avoid having merely verbal disputes. (shrink)

This article distinguishes between Machian empiricism and the logical positivism of the Vienna Circle and associated philosophers. Mach's natural philosophy was a first order attempt to reform and reorganize physics, not a second order reconstruction of the "language" of physics. Mach's elements were not sense data but realistic events in the natural world and in minds, and Mach admitted unobserved elements as part of his world view. Mach's critique of metaphysics was far more subtle and concerned the elimination of (...) sensory visual imagery from natural science, leaving only concrete elements and functions, very much an inspiration to the young Einstein and Heisenberg and a useful engine of theory construction in physics. (shrink)

With his contribution on "The Natural Law in the American Tradition," Judge Diarmuid O'Scannlain has begun the indispensable task of laying the groundwork for sound jurisprudential reasoning in the natural law tradition. It is on the basis of this groundwork that we can begin to appreciate what natural law reasoning might mean, and what it does not mean, for contemporary American legal thinking. More specifically, it is on the basis of this groundwork that one can begin to articulate what might (...) be called a "third way" of jurisprudential reasoning. This "third way" would steer clear of two opposed and equally problematic jurisprudential views; that is, it would steer clear of what we might call "standard legal positivism" (on the one hand), and (on the other hand) what Judge O'Scannlain calls the "aggressive" natural law jurisprudence of some contemporary theorists. (shrink)

This paper reconstructs the American reception of logical positivism in the early 1930s. I argue that Moritz Schlick (who had visiting positions at Stanford and Berkeley between 1929 and 1932) and Herbert Feigl (who visited Harvard in the 1930-31 academic year) played a crucial role in promoting the *Wissenschaftliche Weltauffassung*, years before members of the Vienna Circle, the Berlin Group, and the Lvov-Warsaw school would seek refuge in the United States. Building on archive material from the Wiener Kreis Archiv, (...) the Harvard University Archives, and the Herbert Feigl Papers, as well as a large number of publications in American philosophy journals from the early 1930s, I reconstruct the subtle transformation of the American philosophical landscape in the years immediately preceding the European exodus. I argue that (1) American philosophical discussions about meaning and significance and (2) internal dynamics in the Vienna Circle between 1929 and 1931 significantly impacted the way in which US philosophers came to perceive logical positivism. (shrink)

The verifiability principle was the characteristic claim of a group of thinkers who called themselves the Vienna Circle and who formed the philosophical movement now known as logical positivism. The verifiability principle is an empiricist criterion of meaning which declares that only statements that are verifiable by —i.e., logically deducible from— observational statements are cognitively meaningful. -/- This essay is a short introduction to the philosophical movement of logical positivism and its formulation of the verifiability principle. Its primary (...) aim is to provide students of philosophy with an accessible first overview of this philosophical movement. -/- After pointing out some aspects of the philosophical background of logical positivism (section 1), I will comment on the reasoning that lead these authors to formulate the verifiability principle (section 2), and I will analyse the debate about how to understand observational language and how observational statements (the so-called ‘protocol statements’) are verified (section 3). I will also comment on the two main consequences of accepting the verifiability principle: the conception of philosophy as the task of logical analysis and the project of unified science (section 4), and I will explain the different views on ethical language defended by logical positivists (section 5). I will end this essay by identifying the main problems of the verifiability principle and I will explain the core ideas of Carnap’s confirmability criterion, which attempts to resolve these problems (section 6 and 7). (shrink)

Husserl’s phenomenology opens itself with a critique of positive sciences. Husserl problematizes the hardcore presupposition of positivism that the world is a definite sort of an existential totality of objects and thus it is exhaustible with empirical data and deductive-conceptual abstraction on the basis of causalspatio-temoprality. Criticizing the wholesome reduction of nature into a physical reality and the instrumentalizing of theoretical reason, he proposes transcendental phenomenology, as an ideal form of science. Self-entitled as the genuine science, the science of (...) origin, the science of all sciences, etc., it concerns itself with the matter of validity. Claiming that validating objectivity as such and the meaning of scientific objectification is something of which onlyphenomenological reflection on pure consciousness is capable and that the positivistic objectivity is and must be founded on transcendental subjectivity, Husserl radically idealistically revised the whole positivistic concept of evidence and givenness of a fact and substituted it with the phenomenological notion of apriori self-evidence and originary givenness of primordial intentional consciousness. Nevertheless, it is noticed that the absolute universal validity of positivistic objectivity was never rejected or questioned; objectivity is still in and of itself an absolute criterion of scientificity in Husserl. This paper will argue that the idealistic turn toward subjectivity takes place through factualization of transcendentality and this, by bestowing apriori apodicticity with facticity, even enhances more the supreme epistemological function of positivity. It will discuss such positivistic drive, directly bequeathed from the very cultural ethos at which phenomenological criticism targeted, as an important locomotive for Husserl’s program and point out an antinomical consequence with which it is to be faced as a consequence. (shrink)

I outline the theoretical framework of, and three research programs within, American speculative philosophy of science during the period 1900-1931. One program applies verificationism to research in psychology, one investigates the methodology of research programs, and one analyses scientific explanation and other scientific concepts. The primary sources for my outline are works by Morris Raphael Cohen, Grace Andrus de Laguna, Theodore de Laguna, Edgar Arthur Singer Jr., Harold Smart, and Marie Collins Swabey. I also use my outline to provide a (...) partial comparison of American speculative philosophy of science and 1930s logical positivism. My comparison suggests that logical positivism was a proposal for substantially narrowing down and winding back American philosophy of science and was based on positions that were already problematized in the American context. -/- . (shrink)

I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to (...) exist and function when its key officials reject the reason-giving character of law, then we have a reason to re-examine and amend legal positivism. (shrink)

In this paper we will analyze Lawson’s criticism of Hayek for not having transcended positivism. We will distinguish two levels in the criticism: methodological and ontological. So far as methodological criticism is concerned, we consider that Lawson’s positivist interpretation of Hayek regarding the method in economics is not the only possible, and we will try to develop another one. With respect to ontological criticism, we will state that though it is possible to understand Hayek as an ontological positivist, since (...) he assumes an ontological individualism, this fact would not necessarily lead to positivism -question to which Lawson seems to bring Hayek closer after 1955- but a moderate ontological individualism could be assigned to Hayek founded on a realistic interpretation of Husserl’s phenomenology. (shrink)

The local opposes the global or the macro opposes the micro and vice versa, respectively. This dialectical relationship further exposes that scales are socially and politically constructed, representative of a phenomena that is relational, and is thus of important consideration in analysis beyond simple labeling. That is, scale represents more than ‘size’ and ‘complexity’, but also reveals the relational. It is the relational—the relationship between the ‘global’ and its contents or the ‘local’—which provides for or is wont for analytic complexity (...) and theorizing. (shrink)

This paper studies the conflict between critical rationalism and critical theory in Karl Popper and Theodor Adorno’s 1961 debate by analyzing their shared rejection of Karl Mannheim’s sociology of knowledge. Despite the divergences in their respective projects of critical social research, Popper and Adorno agree that Mannheim’s sociology of knowledge is uncritical. By investigating their respective assessments of this research program I reveal a deeper similarity between critical rationalism and critical theory. Though both agree on the importance of critique, they (...) are less concerned with the development of critical consciousness as a focus of this project. In this way, Mannheim’s sociology of knowledge, particularly in its formative stages, revolves around a set of problems relatively inaccessible to critical rationalism and critical theory, since it is centrally concerned with identifying and cultivating the possibility of critique in society. In closing, I gesture to the importance of political education in Mannheim’s early work, suggesting that a return to these experimental texts will yield resources for political thought today. (shrink)

The purpose of this paper is to examine the separability of law and morality within an analytic jurisprudential framework. The paper is comprised of four parts. First, the separability thesis will be discussed and defined. Second, Hart’s legal positivist account of law will be presented, which defends the separability thesis. Third, two objections from a natural law perspective (classical and contemporary) will be proposed against the legal positivist position, thereby rejecting the separability thesis. Each objection will be accompanied by a (...) possible Hartian reply. Finally, I will offer a novel analysis of the arguments as well as state why I find the Hartian approach preferable to the natural law theorist’s in regard to the separability thesis. (shrink)

The purpose of this work is to investigate the main philosophical underpinnings of major research paradigms using Positivism and Interpretivism as examples. It would also explain and give crucial interrelationships with ontology, epistemology, methodology, and method. The study followed a literature review approach and was mostly supported by secondary research, which included the incorporation and consideration of many peer-reviewed academic papers relevant to the issue as well as other sources such as books. Researchers might examine the fitness of every (...) model based on the nature and context of their study. This work will assist scholars in developing a better grasp of both positivist and interpretivist perspectives. The interpretivist paradigm might allow researchers to go deeper by seeking perceptions and experiences of a specific social context. The positivist paradigm, on the other hand, will allow researchers to rely more on statistics and generalization, resulting in the formation of universal rules and discoveries. -/- . (shrink)

En la segunda mitad del siglo XIX la filosofía positiva se consolidó como la corriente de pensamiento dominante en México, muchos pensadores la utilizaron como marco teórico para interpretar los acontecimientos pasados y proyectar elfuturo de la nación. Por su análisis, explicación e interpretación de la historia nacional México: su evolución social es la obra culminante del positivismo mexicano, pero para sorpresa nuestra ha sido poco estudiada por los especialistas, de ahí que sea necesario recuperarla. En este artículo nos damos (...) a esa tarea y para ello nos enfocaremos en analizar el método de investigación que emplea la obra así como el papel que cumple la historia dentro de la misma. Con ello se busca contribuir a los estudios sobre el positivismo mexicano al abordar, en una obra crucial, algunos de sus aspectos metodológicos, históricos y filosóficos. -/- In the second half of the nineteenth century the positive philosophy was consolidated as the dominant current of thought in Mexico, many thinkers used it as the theoretical framework to interpret past events and project the future of the nation. Because of its analysis, explanation and interpretation of the national Mexican history México: su evolución social is the culminating work of Mexican positivism. To our surprise, the work has been little studied by scholars hence it is necessary to recover it. In this article we want to do that task and for that we will focus on analyzing the research method used in the work as well as the role played by history within it. The aim then is to contribute to studies on Mexican positivism by approaching, in a crucial work, some of its methodological, historical and philosophical aspects. (shrink)

Pierre Duhem gilt ais einer der wichtigsten Reprüsentanten der franzosischen Wissenschaftsphilosophie um 1900. Seine Konzeption physikalischer Theorien wird üblicherweise ais moderne Umsetzung des antiken – proto-positivistischen – Programms der „Rettung der Phänomene‟ angesehen. Diese Sicht ist richtig, bedarf aber der Ergänzung, indem der diskursive Kontext der Duhemschen Position berücksichtigt wird. Im vorliegenden Beitrag wird dargelegt, dass Duhems philosophischer Zeitgenosse Abel Rey eine zentrale Rolle in diesem Zusammenhang spielte.

The idea of disease as an objective malfunctioning cannot be accepted for many different reasons. “Malfunctioning” or “failure” have a meaning only if the perfect working condition or normality is univocally determined. The differences between a person and any other person are not unimportant and cannot be ignored neither in diagnosis nor in treatment. These differences can be ascribable to three different sets of reasons: 1.illnesses leave irreversible marks on the organic structure, for they modify the information an organism has (...) at least as far as the neuroendocrine and immune systems are involved; 2.there are individual differences in the immune system; 3.there are individual differences in the functional organization of the brain that are not due only to biological causes. Furthermore the subjective perception of the illness itself must be included among the elements that determine the features of an illness. Notwithstanding the presence of the same symptoms and the same tests readings, two people may perceive their illness in a different way, with effects on the course of the illness itself and the effectiveness of the treatment. The idea of disease also depends on the cultural context. (shrink)

Legal positivism's ``separation thesis'' is usually taken in one of two ways: as an analytic claim about the nature of law – roughly, as some version of the Social Thesis; or as a substantive claim about the moral value of law – roughly, as some version of the Value Thesis. In this paper I argue that we should recognize a third kind of positivist separation thesis, one which complements, but is distinct from, positivism's analytic and moral claims. The (...) Neutrality Thesis says that the correct analytic claim about the nature of law does not by itself entail any substantive claims about the moral value of law. I give careful formulations of these three separation theses, explain the relationships between them, and sketch the role that each plays in the positivist approach to law. (shrink)

Take “legal reality” to be the part of reality that actual legal thought and talk is dis- tinctively about, such as legal institutions, legal obligations, and legal norms. Our goal is to explore whether legal reality is disunified. To illustrate the issue, consider the possibility that an important metaphysical thesis such as positivism is true of one part of legal reality (legal institutions), but not another (legal norms). We offer two arguments that suggest that legal reality is disunified: one (...) concerns the heteroge- neity of different entities that are part of legal reality; the other concerns variation within legal thought and talk. We then show that taking the possibility of the disunity of legal reality seriously has important upshots for how we think about the positivist and antipositivist traditions, the debate between them, and their relation to other parts of legal theory, such as critical legal theory and legal realism. (shrink)

Moritz Schlick, Rudolf Carnap and Herbert Feig are the most prominent of the positivists to formulate views on the mind-body problem (aside from Hempel’s one-off treatment in 1935). While their views differed from each other and changed over time they were all committed to some form of scientific physicalism, though a linguistic or conceptual rather than ontological form of it. In focus here are their views during the heyday of logical positivism and its immediate aftermath, though some initial scene-setting (...) of Schlick’s and Carnap’s pre-positivist views will help to understand the final opposing positions of Carnap and Feigl. (shrink)

Philosophical evaluation can enrich researchers' research skills and ensure they use the proper methodology. With philosophical evaluation, researchers can open their minds to other possibilities that might enrich their research. Our purpose is to inspire the researchers in such a practice to overcome the obstacles when they begin their research. This article helps researchers with a practical example using a hypothetical research model to help them choose the right approach that should be used in research. For clarity, the research is (...) conducted systematically and guided by philosophical underpinnings. Because there are differences in philosophical views with different implications for the research and the researcher, at the same time, the research should not be directed systematically. Still, the methodological choice should result from the researcher's philosophical underpinnings and the investigated phenomenon. This is true because the researcher's philosophical perspective will influence how they view the world and how they think information can be gathered. Differences in philosophy can have a significant impact on the research methodology. A researcher who subscribes to the positivist school of thought, for instance, will believe that knowledge can be attained through objective observation and measurement. Most likely, this researcher would use quantitative methods like surveys and experiments. A researcher who follows an interpretivist ideology, on the other hand, will believe that knowledge can be attained through personal interpretation and understanding. This researcher favors focus groups and interviews as qualitative research methods. These different philosophical perspectives lead to various methodological options. There may also be an impact based on the type of phenomenon being studied. (shrink)