The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing (...) need for change. (shrink)

In this paper we discuss how Causal Decision Theory should be modified to handle a class of problematic cases involving deterministic laws. Causal Decision Theory, as it stands, is problematically biased against your endorsing deterministic propositions (for example it tells you to deny Newtonian physics, regardless of how confident you are of its truth). Our response is that this is not a problem for Causal Decision Theory per se, but arises because of the standard method for assessing the truth of (...) certain counterfactuals. The truth of deterministic laws is `modally fragile' on the standard semantics for counterfactuals: if determinism is true and you were to do otherwise, the laws would be different. We provide two ways of avoiding this problem: 1) supplement the standard semantics for counterfactuals with impossible worlds, or 2) introduce rigid designators into the description of problematic decision situations. We argue that both of these approaches are well-motivated and can be readily incorporated into Lewisian Causal Decision Theory. (shrink)

Can an AGI create a more intelligent AGI? Under idealized assumptions, for a certain theoretical type of intelligence, our answer is: “Not without outside help”. This is a paper on the mathematical structure of AGI populations when parent AGIs create child AGIs. We argue that such populations satisfy a certain biological law. Motivated by observations of sexual reproduction in seemingly-asexual species, the Knight-Darwin Law states that it is impossible for one organism to asexually produce another, which asexually produces another, and (...) so on forever: that any sequence of organisms (each one a child of the previous) must contain occasional multi-parent organisms, or must terminate. By proving that a certain measure (arguably an intelligence measure) decreases when an idealized parent AGI single-handedly creates a child AGI, we argue that a similar Law holds for AGIs. (shrink)

In this paper, we argue that a distinction ought to be drawn between two ways in which a given world might be logically impossible. First, a world w might be impossible because the laws that hold at w are different from those that hold at some other world (say the actual world). Second, a world w might be impossible because the laws of logic that hold in some world (say the actual world) are violated at w. We develop a novel (...) way of modelling logical possibility that makes room for both kinds of logical impossibility. Doing so has interesting implications for the relationship between logical possibility and other kinds of possibility (for example, metaphysical possibility) and implications for the necessity or contingency of the laws of logic. (shrink)

Hyperlogic is a hyperintensional system designed to regiment metalogical claims (e.g., “Intuitionistic logic is correct” or “The law of excluded middle holds”) into the object language, including within embedded environments such as attitude reports and counterfactuals. This paper is the first of a two-part series exploring the logic of hyperlogic. This part presents a minimal logic of hyperlogic and proves its completeness. It consists of two interdefined axiomatic systems: one for classical consequence (truth preservation under a classical interpretation of the (...) connectives) and one for “universal” consequence (truth preservation under any interpretation). The sequel to this paper explores stronger logics that are sound and complete over various restricted classes of models as well as languages with hyperintensional operators. (shrink)

In ‘Excusing Mistakes of Law’, Gideon Yaffe sets out to ‘vindicate’ the claim ‘that mistakes of law never excuse’ by ‘identifying the truth that is groped for but not grasped by those who assert that ignorance of law is no excuse’. Yaffe does not offer a defence of the claim that mistakes of law never excuse. That claim, Yaffe argues, is false. Yaffe’s article is, rather, an effort to assess what plausible thought might be behind the idea that mistakes of (...) law often should not excuse. (Yaffe is interested in more than just the descriptive claim that in Anglo-American legal jurisdictions mistakes of law routinely do not, in fact, excuse.) More particularly, Yaffe is interested in what plausible normative justification there might be for this asymmetric pattern: -/- Asymmetry: False beliefs about non-legal facts often excuse, but false beliefs about the law rarely excuse. -/- Yaffe offers a complex argument in support of Asymmetry. This paper is organised around my reconstruction of Yaffe’s argument. I argue that Yaffe’s argument does not succeed, but that his argument provides a template for an argument that could succeed. (shrink)

ABSTRACT. May scientists rely on substantive, a priori presuppositions? Quinean naturalists say "no," but Michael Friedman and others claim that such a view cannot be squared with the actual history of science. To make his case, Friedman offers Newton's universal law of gravitation and Einstein's theory of relativity as examples of admired theories that both employ presuppositions (usually of a mathematical nature), presuppositions that do not face empirical evidence directly. In fact, Friedman claims that the use of such presuppositions is (...) a hallmark of "science as we know it." But what should we say about the special sciences, which typically do not rely on the abstruse formalisms one finds in the exact sciences? I identify a type of a priori presupposition that plays an especially striking role in the development of empirical psychology. These are ontological presuppositions about the type of object a given science purports to study. I show how such presuppositions can be both a priori and rational by investigating their role in an early flap over psychology's contested status as a natural science. The flap focused on one of the field's earliest textbooks, William James's Principles of Psychology. The work was attacked precisely for its reliance on a priori presuppositions about what James had called the "mental state," psychology's (alleged) proper object. I argue that the specific presuppositions James packed into his definition of the "mental state" were not directly responsible to empirical evidence, and so in that sense were a priori; but the presuppositions were rational in that they were crafted to help overcome philosophical objections (championed by neo-Hegelians) to the very idea that there can be a genuine science of mind. Thus, my case study gives an example of substantive, a priori presuppositions being put to use—to rational use—in the special sciences. In addition to evaluating James's use of presuppositions, my paper also offers historical reflections on two different strands of pragmatist philosophy of science. One strand, tracing back through Quine to C. S. Peirce, is more naturalistic, eschewing the use of a priori elements in science. The other strand, tracing back through Kuhn and C. I. Lewis to James, is more friendly to such presuppositions, and to that extent bears affinity with the positivist tradition Friedman occupies. (shrink)

The German Act on Autonomous Driving constitutes the first national framework on level four autonomous vehicles and has received attention from policy makers, AI ethics scholars and legal experts in autonomous driving. Owing to Germany’s role as a global hub for car manufacturing, the following paper sheds light on the act’s position within the ethical discourse and how it reconfigures the balance between legislation and ethical frameworks. Specifically, in this paper, we highlight areas that need to be more worked out (...) in the future either through ethical conventions, corporate measures or legal measures and examine how the law can be incorporated into the existing discourse on the regulation of technologies. Based on this examination, we derive implications for future discourse and elaborate on companies’ responsibilities in developing autonomous driving technologies in an ethical sense. (shrink)

This thesis develops a detailed account of the emergence of for all practical purposes continuous, quasi-classical world histories from the discontinuous, stochastic micro dynamics of Minimal Bohmian Mechanics (MBM). MBM is a non-relativistic quantum theory. It results from excising the guiding equation from standard Bohmian Mechanics (BM) and reinterpreting the quantum equilibrium hypothesis as a stochastic guidance law for the random actualization of configurations of Bohmian particles. On MBM, there are no continuous trajectories linking up individual configurations. Instead, individual configurations (...) are actualized independently of each other, carving out the decoherence-induced branching structure of the universal wave function. Yet, by contrast to the Everett interpretation, branches of the universal wave function are not actualized in parallel, i.e. all at the same time. Rather, world branches, on MBM, are actualized sequentially. -/- For an introduction to MBM, the transition from BM to MBM is described, and their empirical equivalence is established. I present the conditions under which MBM can be classified as a primitive ontology (PO) theory, regarded as crucial for the acceptance of a theory as Bohmian by many proponents of BM. While rendering MBM compatible with the PO approach, it must not fall prey to the problem of communication, arising from the two-space reading of BM. -/- The issue of temporal solipsism, identified by Bell as a serious problem for his “Everett (?) theory” – the historic predecessor of MBM – is discussed. I argue that Barbour’s time capsule approach does not provide a satisfactory solution. In particular, his adopting a more than minimal psychophysical parallelism between brain processes and experience of macroscopic change is argued to be reasonable in light of our current best neuroscience, yet problematic for theories relying solely on time capsules, understood as highly structured, individual, internally static configurations. As a solution, I introduce worlds, and world histories, as key concepts in providing a link between MBM’s micro dynamics and macroscopic phenomena. Worlds, other than time capsules, are coarse-grained regions in phase- or configuration space, defined as sets of possible micro states satisfying a relation of sufficient similarity from a macroscopic perspective, with respect to a given micro state. Hence, worlds may overlap. -/- I argue that worlds thus construed are a reasonable option for replacing the disjoint macro regions of phase space, resulting from the usual way of partitioning phase space in the standard framework of Boltzmannian statistical mechanics. This move solves the issue of discontinuous change of macro variables upon the micro state crossing the boundary between different macro regions. -/- I adapt this move for MBM’s discontinuous micro dynamics in configuration space. Issues revolving around the microscopic-macroscopic distinction, particle identity, impenetrability and haecceity in light of the desideratum of particle number conservation, etc., are discussed. I provide a detailed explanation of how overlapping worlds in MBM form world histories, thereby linking up macroscopically distinct worlds. Thus, the problem of temporal solipsism is resolved in a way that is compatible with a more than minimal psychophysical parallelism. (shrink)

Whether causing flash crashes in financial markets, purchasing illegal drugs, or running over pedestrians, AI is increasingly engaging in activity that would be criminal for a natural person, or even an artificial person like a corporation. We argue that criminal law falls short in cases where an AI causes certain types of harm and there are no practically or legally identifiable upstream criminal actors. This Article explores potential solutions to this problem, focusing on holding AI directly criminally liable where it (...) is acting autonomously and irreducibly. Conventional wisdom holds that punishing AI is incongruous with basic criminal law principles such as the capacity for culpability and the requirement of a guilty mind. -/- Drawing on analogies to corporate and strict criminal liability, as well as familiar imputation principles, we show how a coherent theoretical case can be constructed for AI punishment. AI punishment could result in general deterrence and expressive benefits, and it need not run afoul of negative limitations such as punishing in excess of culpability. Ultimately, however, punishing AI is not justified, because it might entail significant costs and it would certainly require radical legal changes. Modest changes to existing criminal laws that target persons, together with potentially expanded civil liability, are a better solution to AI crime. (shrink)

We argue that C. Darwin and more recently W. Hennig worked at times under the simplifying assumption of an eternal biosphere. So motivated, we explicitly consider the consequences which follow mathematically from this assumption, and the infinite graphs it leads to. This assumption admits certain clusters of organisms which have some ideal theoretical properties of species, shining some light onto the species problem. We prove a dualization of a law of T.A. Knight and C. Darwin, and sketch a decomposition result (...) involving the internodons of D. Kornet, J. Metz and H. Schellinx. A further goal of this paper is to respond to B. Sturmfels’ question, “Can biology lead to new theorems?”. (shrink)

Sentences about logic are often used to show that certain embedding expressions, including attitude verbs, conditionals, and epistemic modals, are hyperintensional. Yet it not clear how to regiment “logic talk” in the object language so that it can be compositionally embedded under such expressions. This paper does two things. First, it argues against a standard account of logic talk, viz., the impossible worlds semantics. It is shown that this semantics does not easily extend to a language with propositional quantifiers, which (...) are necessary for regimenting some logic talk. Second, it develops an alternative framework based on logical expressivism, which explains logic talk using shifting conventions. When combined with the standard S5π+ semantics for propositional quantifiers, this framework results in a well-behaved system that does not face the problems of the impossible worlds semantics. It can also be naturally extended with hybrid operators to regiment a broader range of logic talk, e.g., claims about what laws hold according to other logics. The resulting system, called hyperlogic, is therefore a better framework for modeling logic talk than previous accounts. (shrink)

International regulation of autonomous weapon systems (AWS) is increasingly conceived as an exercise in risk management. This requires a shared approach for assessing the risks of AWS. This paper presents a structured approach to risk assessment and regulation for AWS, adapting a qualitative framework inspired by the Intergovernmental Panel on Climate Change (IPCC). It examines the interactions among key risk factors—determinants, drivers, and types—to evaluate the risk magnitude of AWS and establish risk tolerance thresholds through a risk matrix informed by (...) background knowledge of event likelihood and severity. Further, it proposes a methodology to assess community risk appetite, emphasizing that such assessments and resulting tolerance levels should be determined through deliberation in a multistakeholder forum. The paper highlights the complexities of applying risk-based regulations to AWS internationally, particularly the challenge of defining a global community for risk assessment and regulatory legitimization. (shrink)

Bertrand Russell famously argued that causation is not part of the fundamental physical description of the world, describing the notion of cause as “a relic of a bygone age”. This paper assesses one of Russell’s arguments for this conclusion: the ‘Directionality Argument’, which holds that the time symmetry of fundamental physics is inconsistent with the time asymmetry of causation. We claim that the coherence and success of the Directionality Argument crucially depends on the proper interpretation of the ‘ time symmetry’ (...) of fundamental physics as it appears in the argument, and offer two alternative interpretations. We argue that: if ‘ time symmetry’ is understood as the time -reversal invariance of physical theories, then the crucial premise of the Directionality Argument should be rejected; and if ‘ time symmetry’ is understood as the temporally bidirectional nomic dependence relations of physical laws, then the crucial premise of the Directionality Argument is far more plausible. We defend the second reading as continuous with Russell’s writings, and consider the consequences of the bidirectionality of nomic dependence relations in physics for the metaphysics of causation. (shrink)

In transplant medicine, the use of normothermic regional perfusion (NRP) in donation after circulatory determination of death raises ethical difficulties. NRP is objectionable because it restores the donor's circulation, thus invalidating a death declaration based on the permanent cessation of circulation. NRP's defenders respond with arguments that are tortuous and factually inaccurate and depend on introducing extraneous concepts into the law. However, results comparable to NRP's—more and higher‐quality organs and more efficient allocation—can be achieved by removing organs from deceased donors (...) and using normothermic machine perfusion (NMP) to support the organs outside the body, without jeopardizing confidence in transplantation's legal and ethical foundations. Given the controversy that NRP generates and the convoluted justifications made for it, we recommend a prudential approach we call “ethical parsimony,” which holds that, in the choice between competing means of achieving a result, the ethically simpler one is to be preferred. This approach makes clear that policy‐makers should favor NMP over NRP. (shrink)

The legal reasons that bind a judge and the moral reasons that bind all persons can sometimes pull in different directions. There is perhaps no starker example of such judicial dilemmas than in criminal sentencing. Particularly where mandatory minimum sentences are triggered, a judge can be forced to impose sentences that even the judge regards as “immensely cruel, if not barbaric.” Beyond those directly harmed by overly harsh laws, some courts have recognized that “judges who, forced to participate in such (...) inhumane acts, suffer a loss of dignity and humanity as well.” When faced with such a judicial dilemma—a powerful tension between the judge’s legal and moral reasons—the primary question is what a judge can do to resolve it. We argue that the two standard responses—sacrificing morality to respect the law (“legalism”), or sacrificing the law to respect morality (“moralism”)—are unsatisfying. Instead, this Article defends an underexplored third response: rather than abandoning one ideal to maximally promote the other, we argue that judges should seek to at least minimally satisfy the demands of both. Judges should, in other words, look for and employ what we dub Satisficing Options. These are actions that enjoy sufficient support from both the legal reasons and the moral reasons, and thus are both legally and morally permissible—even if the acts in question would not strictly count as optimal by the lights of the law or morality. This common sensical response to the problem is not only underappreciated in the literature, but also has great practical import. Focusing on the sentencing context, this Article demonstrates that judicial dilemmas can be systematically resolved, mitigated or avoided through a range of concrete strategies that on their own or in conjunction can constitute Satisficing Options: these strategies include seeking out legally permitted but morally preferable interpretations of the law, expressing condemnation of unjust laws in dicta, and seeking assistance or cooperation from other actors to help defendants facing substantively unjust mandatory sentences. While these strategies can at times also go too far, we argue that in certain contexts they can be sufficiently defensible on both legal and moral grounds to be a justifiable response to judicial dilemmas. This Article thus provides both a novel theoretical framework for understanding the justification of judicial responses to unjust laws, as well as a practical a menu of options which judges can use to guide their responses to the judicial dilemmas that they are increasingly likely to encounter within our criminal justice system. (shrink)

In this paper, we develop a novel response to counterfactual scepticism, the thesis that most ordinary counterfactual claims are false. In the process we aim to shed light on the relationship between debates in the philosophy of science and debates concerning the semantics and pragmatics of counterfactuals. We argue that science is concerned with many domains of inquiry, each with its own characteristic entities and regularities; moreover, statements of scientific law often include an implicit ceteris paribus clause that restricts the (...) scope of the associated regularity to circumstances that are ‘fitting’ to the domain in question. This observation reveals a way of responding to scepticism while, at the same time, doing justice both to the role of counterfactuals in science and to the complexities inherent in ordinary counterfactual discourse and reasoning. (shrink)

Multiple states are at risk of becoming uninhabitable due to climate change, forcing their populations to flee. While the 1951 Refugee Convention provides the gold standard of international protection, it is only applied to a limited subset of people fleeing their countries, those who suffer persecution, which most people fleeing climate change cannot establish. While many journalists and non-lawyers freely use the term “climate refugees,” governments, and courts, as well as UNHCR and many refugee experts, have excluded most climate refugees (...) from the Convention as a matter of legal interpretation. In our 2015 paper, “Unable to Return in the 1951 Refugee Convention: Stateless Refugees and Climate Change”, we sought to reopen the debate on “climate refugees” by arguing that some climate refugees qualify under the 1951 Convention as it is currently written (even if they are not persecuted): those who are stateless and are unable to return to their country of origin because climate change has rendered it uninhabitable. Our interpretation, however, has been rejected by Goodwin-Gill and McAdam (2021) and by Foster and Lambert (2019), which explicitly responds to our paper. Here, we address and respond to their arguments, and develop a new supplementary one, drawing on the principle of systemic integration, as enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties. (shrink)

The rise of constitutional self-government in early modern Europe, I argue, owes much to a nationalist liberation narrative pioneered by French Huguenot François Hotman in Francogallia (1573). In response to appeals by absolutist thinkers to Ro- man law, which put the power of the king beyond legal or constitutional restraint, Hotman wove together tales of the heroism of ancient Gauls and Franks wresting their native liberties back from the Romans with a theory of constitutionally limited government grounded in the common (...) law of France. This type of narrative was adapted by Dutch and English thinkers who sought to defend constitutionalism in their respective countries. Through this examination of early modern liberation narratives, I argue we can gain insight on the relationship between nationalism and resistance to autocratic governments and the formation of regimes consistent with the principles of constitutional self-government. (shrink)

An increasing number of financial services (FS) companies are adopting solutions driven by artificial intelligence (AI) to gain operational efficiencies, derive strategic insights, and improve customer engagement. However, the rate of adoption has been low, in part due to the apprehension around its complexity and self-learning capability, which makes auditability a challenge in a highly regulated industry. There is limited literature on how FS companies can implement the governance and controls specific to AI-driven solutions. AI auditing cannot be performed in (...) a vacuum; the risks are not confined to the algorithm itself, but rather permeates the entire organization. Using the risk of unfairness as an example, this paper will introduce the overarching governance strategy and control framework to address the practical challenges in mitigating risks AI introduces. With regulatory implications and industry use cases, this framework will enable leaders to innovate with confidence. (shrink)

Alexander James Dallas' An Exposition of the Causes and Character of the War was written as part of an effort by the then US government to explain and justify its declaration of war in 1812. However publication coincided with the ratification of the Treaty of Ghent, which ended the War. The Exposition is especially interesting for the insight it provides into the self-constraint of American foreign policy and of the conduct of a war. The focus is on the foreign (...) policy of the early republic and the related philosophy of law and war. A central idea is that international law should chiefly benefit those remaining at peace. -/- Dallas was a Philadelphian who settled there in 1783, the year of the Peace of Paris which ended the War of Independence, arriving from Jamaica after a British education. He wrote much on law, becoming the first recorder of cases before the U.S. Supreme Court. He later served as Secretary of the Commonwealth of Pennsylvania, and federal district attorney for Eastern Pennsylvania, appointed by President Jefferson. He was appointed Secretary of Treasury by President Madison. -/- In this edition the original text is presented with annotations to help identify persons and events of interest. The editor has also added an Introduction, a Bibliography, a short Chronology of Dallas' life and the events of the War, and an analytical Index. As such this annotated edition presents a key primary source in a manner helpful to research for students of the early Republic. (shrink)

As Alexander D’Entrees observed over forty years ago, the case for natural law “is not an easy one to put clearly and convincingly.” Furthermore, even if one can make the case for natural law in a clear and convincing manner, one should not expect such an argument to be clear and convincing for all time. Instead, the case for natural law must be an ongoing argument, addressing itself perpetually to the needs of the time as these needs shift and (...) change. In short, the case for natural law “must needs appear in a different light according to the angle in time or in place from which it is looked at.” With this precept in mind, I seek to examine Thomas Aquinas’s natural law teaching on the legislation of virtue in light of concerns that are especially acute from the perspective of contemporary liberalism. (shrink)

In a recent paper (Bird 2001), Alexander Bird argues that the law that common salt dissolves in water is metaphysically necessary - and he does so without presupposing dispositionalism about properties. If his argument were sound, it would thus show that at least one law of nature is meta- physically necessary, and it would do so without illicitly presupposing a position (dispositionalism) that is already committed to a necessitarian view of laws. I shall argue that Bird's argument is unsuccesful.

There are roughly two main understanding in philosophy of science: Epistemology of Science and Metaphysics of Science. It is examined that some concept such as Laws of Nature, Causation, Time and Space into the metaphysics of Science. In this paper, it has been studied laws of nature which is one the most important subjects in metaphysics of science. Let’s think outside the box, there are three significant views about laws of nature; Regularity Theory, Necessitation Theory and Dispositional Essential views. It (...) has been worked the views of David Lewis in regularity theory. In the section of nomic necessitation we have been scrutinised the arguments put forward by David Armstrong and finally the last section; it has been discussed Alexander Bird’s views of dispositional essentialism comparing with the other two aspects. (shrink)

A dispositional property is a tendency, or potency, to manifest some characteristic behaviour in some appropriate context. The mainstream view in the twentieth century was that such properties are to be explained in terms of more fundamental non-dispositional properties, together with the laws of nature. In the last few decades, however, a rival view has become popular, according to which some properties are essentially dispositional in nature, and the laws of nature are to be explained in terms of these fundamental (...) dispositions. The supposed ability of fundamental dispositions to ground natural laws is one of the most attractive features of the dispositional essentialist position. In this paper, however, I cast doubt on the ability of dispositional essences to ground the laws of nature. In particular I argue that the dispositional essentialist position is not able to coherently respond—sympathetically or otherwise—to Cartwright's challenge that there are no true general laws of nature. (shrink)

Bird reveals an important problem at the heart of Armstrong’s theory of laws of nature: to explain how a law necessitates its corresponding regularity, Armstrong is committed to a vicious regress. In his very brief response, Armstrong gestures towards an argument that, as he admits, is more of a “speculation.” Later, Barker and Smart argue that a very similar problem threatens Bird’s dispositional monist theory of laws of nature and he is committed to a similar vicious regress. In this paper, (...) first, I construct Armstrong’s would-be argument in response to Bird. Second, I argue that his response makes his account of laws and natural properties incompatible with science. Finally, I argue that Armstrong’s strategy to address Bird’s criticism can be used, quite ironically, to defuse Barker and Smart’s argument against Bird. (shrink)

Bird argues that Armstrong’s necessitarian conception of physical modality and laws of nature generates a vicious regress with respect to necessitation. We show that precisely the same regress afflicts Bird’s dispositional-monist theory, and indeed, related views, such as that of Mumford & Anjum. We argue that dispositional monism is basically Armstrongian necessitarianism modified to allow for a thesis about property identity.

The reprinted paper refers to Georg Lind and his colleagues’ MCT-based FORM study conducted at several European universities in 1977-1983, including Polish ones. After a short phase of democratization, in 1981 Polish society suddenly faced martial law. That experience had an impact on Polish students moral-, discursiveand democratic competences, as measured by MCT. When Ewa Nowak started her Alexander von Humboldt Foundation supported research stay under the supervision of Professor Georg Lind, they were inspired to revisit and discuss the (...) puzzling Polish research findings of 1981/3. According to their main hypothesis, martial law restricted free speech at universities, and free speech is a key facilitator of the development of moral and democratic competence. In 2018, after a decade of collaborative research on moral and democratic competence, Lind, Nowak and colleagues started a new international MCT study in several Central- and East European countries to examine the impact of the contemporary constitutional crisis in Poland on students’ moral and democratic competencies. In 2018/9 the 40th anniversary of the Moral Competence Test and Konstanz Method of Dilemma Discussion will be celebrated. We would like to provide you with the most recent research findings soon. (shrink)

In this paper, I intend to argue against Alexander Bird‟s thesis (2001) that the law salt dissolves in water is metaphysically necessary. I briefly indicate Bird‟s argument for the necessity of such law, and then I provide a counter-argument to his thesis. In a general way, Bird wants to show that the existence of certain substances depends on the truth of certain laws, and that because of this the existence of such substances implies the existence of such laws. That (...) would make the laws existing at least while the substance it rules exists; what, for Bird, makes such laws metaphysically necessary. My counter-argument to Bird is that such conception apprehends just what we call “weak necessity”, and not the strong necessity we would like a metaphysically necessary law to have. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

Alexander Bird (2001; 2002; 2007) offers a powerful argument showing that, regardless of whether necessitarianism or contingentism about laws is true, salt necessarily dissolves in water. The argument is that the same laws of nature that are necessary for the constitution of salt necessitate the solubility of salt. This paper shows that Bird’s argument faces a serious objection if the possibility of emergentism – in particular, C. D. Broad’s account – is taken into account. The idea is (roughly) that (...) some emergent laws in some possible worlds may disrupt the solubility of salt without disrupting its constitution. (shrink)

This chapter traces the origins of Kant's perfectionism, and so of his moral law, to the formal conception of 'nature' that emerges from his reflection on the work of Wolff and Baumgarten. The conceptual preparation for this move turns upon two hinges, both of which trace to Baumgarten's subtle modifications of Wollffian perfectionism, namely, his fuller articulation of a non-consequentialist, internal morality of actions and what I call a 'hyper-Leibnizian' account of the idea and formal structure of nature itself. The (...) fourth section shows how Kant discovers a new account of the a priori origin of this formal structure, which, when combined with his conception of unconditioned or transcendental freedom, allows him to locate an unconditioned, hence genuinely moral law, in freedom's lawlike unconditioned, intetentional imiposition of this same formal strcture, this homologia, on all its actions. In this way, the neo-Stoicism found in the earlier rationalist tradition, which bits us to 'live according to nature,' becomes in Kant the absolute duty to live according to reason's pure, a priori idea of a nature. (shrink)

Discussions about the nature of essence and about the inference problem for non-Humean theories of nomic modality have largely proceeded independently of each other. In this article I argue that the right conclusions to draw about the inference problem actually depend significantly on how best to understand the nature of essence. In particular, I argue that this conclusion holds for the version of the inference problem developed and defended by Alexander Bird. I argue that Bird’s own argument that this (...) problem is fatal for David Armstrong’s influential theory of the laws of nature but not for dispositional essentialism is seriously flawed. In place of this argument, I develop an argument that whether Bird’s inference problem raises serious difficulties for Armstrong’s theory depends on the answers to substantial questions about how best to understand essence. The key consequence is that considerations about the nature of essence have significant, underappreciated implications for Armstrong’s theory. (shrink)

Scientific inquiry takes onward course from the point where previous scientists had reached. But philosophical analysis initiates from scratch. Philosophy questions everything and chooses starting point for itself after having ruled out all the unsubstantiated and doubtful elements of the topic under study. Secondly, known realities must make sense. If a theory is officially 'counterintuitive', then either it is mere fiction or at the most; a distorted form of truth. This book's analysis is based on the philosophical principle that knowledge (...) is empirical and does not arise magically in absence of observational grounds. With philosophical approach, it was doubtful to accept that Georges Lemaître already knew Hubble's law in year 1927 that was yet to be found by Edwin Hubble in year 1929. Therefore this book started with denial of the claim that Lemaître already knew this law. But analysis of section I.III forced author to look the matter from original source and it came to surface that Lemaître knew this law in year 1927. But contrary to mainstream claim, Lemaître had not derived that law from general relativity (GR) equations rather had deduced from a method given by Hubble himself. Whereas whole case of the Big Bang Theory rests on misleading claim that Lemaître had derived this law solely from GR equations. The basis of this claim happened to be a manipulated translation (1931) of Lemaître's original 1927 article. People regard Big Bang Theory as truth because authoritative sources deceived them by presenting a manipulated translation in year 1931. This book is a philosophical analysis of original papers of Alexander Friedmann (1922), Georges Lemaître (1927), Edwin Hubble (1929) and Albert Einstein (1917) thus covers actual roots and origins of the Big Bang Model. In this book, only the core elements of the Big Bang Model i.e. 'Expansion of Universe' and 'CMBR' are covered. It has been sufficiently shown that 'expansion' is an illusion whereas CMBR is a proof that we live in a non-expanding infinite universe. If these two core elements of the standard Big Bang Model are precisely refuted then there is nothing crucial left with the standard model. For readers of this book at least, Big Bang Theory shall become a story of past mistakes. Author is not an authoritative source on science topics therefore readers must download all the above mentioned original papers and check all the points outlined in this book from relevant original papers. Unlike reading from an authoritative source that makes readers relaxed and careless but enables authorities to deceive them in worst way possible, this book requires readers to remain alert on all the points discussed in the book and verify everything from original sources whose links are given at the end of this description and also provided in footnotes section of the book. This book is not a judgment of the topic rather it is like a case presented by an advocate while readers are the judges. Readers are required to apply their own critical judgment to conclude the matter by themselves. After carefully reading this book, readers will also start taking 'authoritative sources' with due care and it will become difficult for the 'authorities' to deceive them again. (shrink)

Crime and Culpability, by Larry Alexander, Kimberly Kessler Ferzan (with Stephen Morse) is a visionary work of moral and legal philosophy. Nonetheless, it is fundamentally morally misguided. In seeking to free criminal law from what the authors take to be the distorting influence of outcome luck, they arrive at a position that is overly exculpatory. It fails to hold actors liable for the harms they cause when they have taken less care they should. -/- I argue, first, that the (...) authors’ attempt to strip criminal law of outcome luck is incoherent in its own terms, and that any attempt to follow through on their program would require a much more severe loss of accountability than the authors acknowledge. I then argue that outcome luck is pervasive in our moral lives, and that, given the choice of (a) not being able to hold agents accountable for much, or (b) holding them accountable for the results of their choices, including outcomes that result in part from moral luck, the right choice is (b). I wrap up with a concluding observation about the implausible moral psychology that underlies the authors’ view of culpable action. (shrink)

The lexical priority of fair equality of opportunity in John Rawls’s justice as fairness, which has been sharply criticized by Larry Alexander and Richard Arneson among others, is left almost entirely undefended in Rawls’s works. I argue here that this priority rule can be successfully defended against its critics despite Rawls’s own doubts about it. Using the few textual clues he provides, I speculatively reconstruct his defense of this rule, showing that it can be grounded on our interest in (...) self-realization through work. This reconstructed defense makes liberal use of concepts already present in A Theory of Justice , including the Aristotelian Principle (which motivates the achievement of increasing virtuosity) and the Humboldtian concept of social union (which provides the context for the development of such virtuosity). I also show that this commitment to self-realization, far from violating the priority of right in Rawls’s theory, stems directly from his underlying commitment to autonomy, which is the very foundation of the moral law in his doctrine of right. The reconstituted defense of this priority rule not only strengthens the case for justice as fairness but also has important and controversial implications for public policy. (shrink)

During the eighteenth century, German philosophers wrote on a broad range of topics in moral philosophy: from meta-ethical issues such as the nature of obligation, to elaborate systems of normative ethics (often in the form of a doctrine of duties to self, others, and God), to topics in applied ethics such as the permissibility of the death penalty and censorship. Moral philosophy was also intimately related to the modern natural law tradition at the time, as well as to discussions taking (...) place in theology and psychology, to name only a few other disciplines. As a result, it is often hard to isolate eighteenth-century German moral philosophy without addressing a whole host of other philosophical subjects. There are nonetheless certain central topics that were discussed by nearly every major figure of the period and which therefore serve as a window into how German philosophers approached moral philosophy during the eighteenth century. In this chapter I illustrate that one such topic is the principle of morality; namely what philosophers took to be the supreme norm at the foundation of judging actions to be morally good or evil. As we will see, although several figures approached this principle in a broadly similar way by identifying “perfection” as the central concept at work, they differ considerably with respect to important details. Furthermore, certain common threads reveal themselves: philosophers differ not only with respect to the content of the principle, but also with respect to the way in which it can be derived, how particular duties can in turn be derived from the supreme principle, and how the principle can be formulated. I begin by outlining Christian Wolff’s influential principle of perfection (Section 1), followed by a consideration of Alexander Gottlieb Baumgarten’s subtle revision of this principle (Section 2) and Christian August Crusius’s theological alternative (Section 3). I then briefly consider the impact that the reception of eighteenth-century British philosophy had on German moral philosophy during the second half of the eighteenth century (Section 4), before considering Moses Mendelssohn’s and Immanuel Kant’s answers to the 1763 Prize Essay Question (Section 5) and Johann August Eberhard’s unique mixture of rationalism and empiricism from the early 1780s (Section 6). I conclude (Section 7) with a brief discussion of Kant’s approach to the principle of morality and the principle of happiness proposed against it by his early empiricist critics. (shrink)

This paper looks at Alexander Guerrero’s epistemic case for ‘lottocracy’, or government by randomly selected citizen assemblies. It argues that Guerrero fails to show that citizen expertise is more likely to be elicited and brought to bear on democratic politics if we replace elections with random selection. However, randomly selected citizen assemblies can be valuable deliberative and participative additions to elected and appointed institutions even when citizens are not bearers of special knowledge or virtue individually or collectively.

I argue that by considering Kant’s engagement with previous theorists of natural right, we can gain a clearer understanding of how he transformed the discipline from its foundations. To do this, I focus my analysis on Kant’s (critical) reception of two models of natural right with which he was very familiar: one from Alexander Baumgarten’s Elements of First Practical Philosophy [Initia philosophiae practicae primae], the other from Gottfried Achenwall’s Natural Law [Ius naturae]. The Initia served as a basis for (...) Kant’s lectures on moral philosophy for over three decades and may thus be considered as having played an important role in shaping his practical philosophy as a whole. Achenwall’s Ius naturae was the textbook that Kant employed in his lectures on natural right for over two decades. I argue that Kant distances himself from previous models of natural right in three main regards: the identification of moral laws with laws of nature, the normative connection between the principles of right and a natural end, and the place of God as the author of moral laws. I then briefly discuss what Kant retains of Baumgarten’s and Achenwall’s models of natural right. Kant’s Metaphysics of Morals preserves the view that a rational doctrine of right belongs to a broader systematic doctrine that comprehends the entire system of duties. I address the question of the division of the Sittenlehre into two branches and claim that, whereas Kant did not consider Baumgarten’s answer to the problem of distinguishing juridical from ethical principles to be satisfactory, he found a key piece of his own resolution in Achenwall’s Ius naturae, namely the definition of right as a power to coerce. (shrink)

Moral philosophers argue that mechanisms such as reciprocal altruism and indirect reciprocity can result in the evolution of shared interests and a ‘moral sense’ in humans. This article discusses the need to broaden that view when considering the consequences of genetic conflict, in particular, the conflict associated with mate selection. An alternative application of evolutionary arguments to morality has been suggested by biologists such as Richard Alexander, who argue that ethical, moral and legal questions arise purely out of conflicts (...) of interest, and that moral systems (consisting of societal rules or laws) exist to ameliorate those conflicts. Following Alexander, a novel societal rule is proposed that could lessen the negative consequences to men of reproductive conflicts with women. (shrink)

This essay offers a new way to conceptualize the “police violence against Blacks” phenomenon. I argue that we should see the situation as an instance of what Thomas Hobbes called the state of nature, that is, a state without effective law. This understanding of the phenomenon stands in sharp contrast to that offered by Professor Michelle Alexander in her book The New Jim Crow. Alexander sees the phenomenon as a continuation of centuries-old patterns of state-backed anti-Black racism. My (...) account is that police are not under control of the state in their interactions with Blacks. (shrink)

Some time ago, Joel Katzav and Brian Ellis debated the compatibility of dispositional essentialism with the principle of least action. Surprisingly, very little has been said on the matter since, even by the most naturalistically inclined metaphysicians. Here, we revisit the Katzav–Ellis arguments of 2004–05. We outline the two problems for the dispositionalist identified Katzav in his 2004 , and claim they are not as problematic for the dispositional essentialist at it first seems – but not for the reasons espoused (...) by Ellis. (shrink)

There have been attempts to subsume Charles Darwin's theory of evolution under either one of two distinct intellectual traditions: early Victorian natural science and its descendants in political economy (as exemplified by Herschel, Lyell, or Malthus) and the romantic approach to art and science emanating from Germany (as exemplified by Humboldt and Goethe). In this paper, it will be shown how these traditions may have jointly contributed to the design of Darwin's theory. The hypothesis is that their encounter created a (...) particular tension in the conception of his theory which first opened up its characteristic field and mode of explanation. On the one hand, the domain of the explanandum was conceived of under a holistic and aesthetic view of nature that, in its combination with refined techniques of observation, was deeply indebted to Humboldt in particular. On the other hand, Darwin fashioned explanations for natural phenomena, so conceived, in order to identify their proper causes in a Herschelian spirit. The particular interaction between these two traditions in Darwin, it is concluded, paved the way for a transfer of the idea of causal laws to animate nature while salvaging the romantic idea of a complex, teleological and harmonious order of nature. Copyright © 2015 Elsevier Ltd. All rights reserved. (shrink)

Identifying the necessary and sufficient conditions for individuating and classifying diseases is a matter of great importance in the fields of law, ethics, epidemiology, and of course, medicine. In this paper, I first propose a means of achieving this goal, ensuring that no two distinct disease-types could correctly be ascribed to the same disease-token. I then posit a metaphysical ontology of diseases—that is, I give an account of what a disease is. This is essential to providing the most effective means (...) of interfering with disease processes. Following existing work in the philosophy of medicine and epidemiology (primarily Christopher Boorse; Caroline Whitbeck; Alexander Broadbent), philosophy of biology (Joseph LaPorte; D.L. Hull), conditional analyses of causation (J.L. Mackie; David Lewis), and recent literature on dispositional essentialism (Stephen Mumford and Rani Anjum; Alexander Bird), I endorse a dispositional conception of disease. Following discussion of various conceptions of disease-identity, their relations to the clinical and pathological effects of the diseases in question, and how diseases are treated, I conclude (i) that diseases should be individuated by their causes, and (ii) that diseases are causal processes best seen as simultaneously acting sequences of mutually manifesting dispositions. (shrink)

Metaphysics, one of the most venerable branches of philosophy, investigates the fundamental nature of being and existence, as well as the structure and laws of reality. This field, significantly shaped by the works of Plato and Aristotle, attributes truth either to universals (Plato’s perspective) or to the essences of particulars (Aristotle’s perspective). This paper explores Neo-Aristotelian metaphysics, integrating and reinterpreting Aristotle’s classical metaphysical understanding in contemporary philosophical discussions. Neo-Aristotelian metaphysics reconfigures Aristotle’s classical concepts in light of modern scientific and philosophical (...) developments. In this context, the approaches of Ellis’s "Scientific Essentialism," Oderberg’s "Real Essentialism," and Bird’s "Dispositional Essentialism" are examined. Dispositional essentialism posits that the essences of entities can be defined by their dispositions and capacities. Alexander Bird argues that natural laws reflect the dispositions of entities, explaining how entities behave under certain conditions. Neo-Aristotelian metaphysics bridges metaphysical realism and naturalism by emphasizing the essences and natures of entities. This paper investigates the principles of dispositional essentialism and Neo-Aristotelian metaphysics, highlighting their contributions and significance in contemporary metaphysical debates. Furthermore, it underscores that the prominence of these approaches today results from their successful integration of modern scientific findings with classical metaphysical principles. By focusing on the essences and potentialities of entities, Neo-Aristotelian metaphysics and dispositional essentialism offer a more comprehensive and coherent metaphysical perspective. These approaches reflect modern philosophy's dynamic nature while revealing classical thought's timeless value. Keywords: Neo-Aristotelianism, Dispositional Essentialism, Metaphysics of Science, Regularity, Laws of Nature. (shrink)

Résumé Le débat holisme-réductionnisme se structure autour de trois domaines sémantiques : l 'ontologie, la méthodologie et l'épistémologie. Généralement, une méthodologie analytique s'accompagne d'une ontologie atomiste et de la réduction des lois et théorie des niveaux d'organisation supérieurs aux lois et théorie des niveaux inférieurs. Par contre, une ontologie holiste, relationnelle peut s'accorder au concept d'émergence. En conséquence dans l'élaboration des lois et théories d'un phénomène appartenant à un niveau donné la prise en compte du niveau d'organisation supérieurs se révélera (...) déterminante. Les propositions philosophiques anti-mécanicistes de précurseur tels que Bradley, S. Alexander, A.N. Whitehead, C.L. Morgan, D.C. Broad, même en restant au niveau d'une forme de proto-émergentisme représentent le fondement épistémologique à partir duquel s'est développée une méthodologie véritablement émergentiste. Abstract The holism-reductionism debate is structured around three areas of semantics: ontology, methodology and epistemology. As a general rule, an analytical methodology goes with an atomist ontology, and the reduction of laws and theories from the higher levels of organisation to the laws and theories of lower levels. On the other hand, a holistic and relational ontology can be in unison with the concept of emergence. As a consequence, in elaborating laws and theories of a phenornenon of a given level, taking into account that the higher level of organisation will be determinant. The philosophical and anti-mechanistic propositions of precursors such as F. Bradley, S. Alexander, A.N. Whitehead, C.L. Morgan, D.C. Broad, even remaining at the level of a kind of proto-emergentism represent the epistemological basis on which a true emergentist methodology has been developed. (shrink)