Humeanism about laws of nature is, roughly, the view that the laws of nature are just patterns, or ways of describing patterns, in the mosaic of events. In this paper I survey some of the (many!) objections that have been raised to Humeanism, considering how the Humean might respond. And I consider how we might make a positive case for Humeanism. The common thread running through all this is that the viability of the Humean (...) view relies on the Humean having an importantly different conception of explanation to the anti-Humean. (shrink)

Humeanism about laws of nature — the view that the laws reduce to the Humean mosaic — is a popular view, but currently existing versions face powerful objections. The non-supervenience objection, the non-fundamentality objection and the explanatory circularity objection have all been thought to cause problems for the Humean. However, these objections share a guiding thought — they are all based on the idea that there is a certain kind of divergence between the practice of science (...) and the metaphysical picture suggested by Humeanism. -/- I suggest that the Humean can respond to these objections not by rejecting this divergence, but by arguing that is appropriate. In particular the Humean can, in the spirit of Loewer (2012), distinguish between scientific and metaphysical explanation — this is motivated by differing aims of explanation in science and metaphysics. And they can further leverage this into distinctions between scientific and metaphysical fundamentality and scientific and metaphysical possibility. We can use these distinctions to respond to the objections that the Humean faces. (shrink)

The Great Divide in metaphysical debates about laws of nature is between Humeans, who think that laws merely describe the distribution of matter, and non-Humeans, who think that laws govern it. The metaphysics can place demands on the proper formulations of physical theories. It is sometimes assumed that the governing view requires a fundamental / intrinsic direction of time: to govern, laws must be dynamical, producing later states of the world from earlier ones, in accord (...) with the fundamental direction of time in the universe. In this paper, we propose a minimal primitivism about laws of nature (MinP) according to which there is no such requirement. On our view, laws govern by constraining the physical possibilities. Our view captures the essence of the governing view without taking on extraneous commitments about the direction of time or dynamic production. Moreover, as a version of primitivism, our view requires no reduction / analysis of laws in terms of universals, powers, or dispositions. Our view accommodates several potential candidates for fundamental laws, including the principle of least action, the Past Hypothesis, the Einstein equation of general relativity, and even controversial examples found in the Wheeler-Feynman theory of electrodynamics and retrocausal theories of quantum mechanics. By understanding governing as constraining, non-Humeans who accept MinP have the same freedom to contemplate a wide variety of candidate fundamental laws as Humeans do. (shrink)

It has been argued that the fundamental laws of physics do not face a ‘problem of provisos’ equivalent to that found in other scientific disciplines (Earman, Roberts and Smith 2002) and there is only the appearance of exceptions to physical laws if they are confused with differential equations of evolution type (Smith 2002). In this paper I argue that even if this is true, fundamental laws in physics still pose a major challenge to standard Humean approaches to (...) lawhood, as they are not in any obvious sense about regularities in behaviour. A Humean approach to physical laws with exceptions is possible, however, if we adopt a view of laws that takes them to be the algorithms in the algorithmic compressions of empirical data. When this is supplemented with a distinction between lossy and lossless compression, we can explain exceptions in terms of compression artefacts present in the application of the lossy laws. (shrink)

There is a tension in our theorizing about laws of nature: our practice of using and reasoning with laws of nature suggests that laws are universal generalizations, but if laws are universal generalizations then we face the problem of explanatory circularity. In this paper I elucidate this tension and show how it motivates a view of laws that I call Minimal Anti-Humeanism. This view says that the laws are the universal generalizations that (...) are not grounded in their instances. I argue that this view has a variety of advantages that could make it attractive to people with both Humean and anti-Humean inclinations. (shrink)

In her paper, “The Non-Governing Conception of Laws,” Helen Beebee argues that it is not a conceptual truth that laws of nature govern, and thus that one need not insist on a metaphysical account of laws that makes sense of their governing role. I agree with the first point but not the second. Although it is not a conceptual truth, the fact that laws govern follows straightforwardly from an important (though under-appreciated) principle of scientific theory choice (...) combined with a highly plausible claim about the connection between scientific theory choice and theory choice in metaphysics. I present and defend this argument and then show how the resulting understanding of governance gives rise to an especially strong version of recent explanatory circularity arguments against Humeanism about laws of nature. Finally, I present three options for a further understanding of the governance relation that are compatible with my argument. (shrink)

Humeans about laws maintain that laws of nature are nothing over and above the complete distribution of non-modal, categorical properties in spacetime. ‘Humean compatibilists’ argue that if Humeanism about laws is true, then agents in a deterministic world can do otherwise than they are lawfully determined to do because of the distinctive nature of Humean laws. More specifically, they reject a central premise of the Consequence argument by maintaining that deterministic laws of (...) nature are ‘up to us’. In this paper, we present a new argument for Humean compatibilism. We argue that Humeans about laws indeed have resources for defending compatibilism that non-Humeans lack. Moreover, we show that utilizing these resources does not lead to objectionable consequences. Humeans about laws should thus embrace Humean compatibilism. (shrink)

If the Past Hypothesis underlies the arrows of time, what is the status of the Past Hypothesis? In this paper, I examine the role of the Past Hypothesis in the Boltzmannian account and defend the view that the Past Hypothesis is a candidate fundamental law of nature. Such a view is known to be compatible with Humeanism about laws, but as I argue it is also supported by a minimal non-Humean "governing'' view. Some worries arise from the (...) non-dynamical and time-dependent character of the Past Hypothesis as a boundary condition, the intrinsic vagueness in its specification, and the nature of the initial probability distribution. I show that these worries do not have much force, and in any case they become less relevant in a new quantum framework for analyzing time's arrows---the Wentaculus. Hence, the view that the Past Hypothesis is a candidate fundamental law should be more widely accepted than it is now. (shrink)

Tim Maudlin has influentially argued that Humeanism about laws of nature stands in conflict with quantum mechanics. Specifically Humeanism implies the principle Separability: the complete physical state of a world is determined by the intrinsic physical state of each space-time point. Maudlin argues Separability is violated by the entangled states posited by QM. We argue that Maudlin only establishes that a stronger principle, which we call Strong Separability, is in tension with QM. Separability is not in (...) tension with QM. Moreover, while the Humean requires Separability to capture the core tenets of her view, there's no Humean-specific motivation for accepting Strong Separability. We go on to give a Humean account of entangled states which satisfies Separability. The core idea is that certain quantum states depend upon the Humean mosaic in much the same way as the laws do. In fact, we offer a variant of the Best System account on which the systemization procedure that generates the laws also serves to ground these states. We show how this account works by applying it to the example of Bohmian Mechanics. The 3N-dimensional configuration space, the world particle in it and the wave function on it are part of the best system of the Humean mosaic, which consists of N particles moving in 3-dimensional space. We argue that this account is superior to the Humean account of Bohmian Mechanics defended by Loewer and Albert, which takes the 3N-dimensional space, and its inhabitants, as fundamental. (shrink)

A central question in the philosophy of science is: What is a law of nature? Different answers to this question define an important schism: Humeans, in the wake of David Hume, hold that the laws of nature are nothing over and above what actually happens and reject irreducible facts about natural modality (Lewis, 1983, 1994; cf. Miller, 2015). According to Non-Humeans, by contrast, the laws are metaphysically fundamental (Maudlin, 2007) or grounded in primitive modal structures, such as (...) dispositional essences of powerful properties (Bird, 2007), necessitation relations (Armstrong, 1983), or primitive subjunctive facts (Lange, 2009). This volume focuses on recent developments in the discussion of Humeanism, specifically on pragmatic versions of the view that put the needs of limited agents like us front and center. (shrink)

If the laws of nature are deterministic, then it seems possible that a Laplacean intelligence that knows the initial conditions and the laws would be able to accurately predict everything that will ever happen. However, it would be easy to construct a counterpredictive device that falsifies any revealed prediction about its future behavior. What would then occur if a Laplacean intelligence encountered a counterpredictive device? This is the paradox of predictability. A number of philosophers have proposed solutions (...) to it, though part of my aim here is to argue that the paradox is more pernicious than has thus far been appreciated, and therefore that extant solutions are inadequate. My broader aim is to argue that the paradox motivates Humeanism about laws of nature. (shrink)

Humean reductionism about laws of nature is the view that the laws reduce to the total distribution of non-modal or categorical properties in spacetime. A worry about Humean reductionism is that it cannot motivate the characteristic modal resilience of laws under counterfactual suppositions and that it thus generates wrong verdicts about certain nested counterfactuals. In this paper, we defend Humean reductionism by motivating an account of the modal resilience of Humean laws that gets (...) nested counterfactuals right. (shrink)

One of the main challenges confronting Humean accounts of natural law is that Humean laws appear to be unable to play the explanatory role of laws in scientific practice. The worry is roughly that if the laws are just regularities in the particular matters of fact (as the Humean would have it), then they cannot also explain the particular matters of fact, on pain of circularity. Loewer (2012) has defended Humeanism, arguing that this worry only arises (...) if we fail to distinguish between scientific and metaphysical explanations. However, Lange (2013, 2018) has argued that scientific and metaphysical explanations are linked by a transitivity principle, which would undercut Loewer's defense and re-ignite the circularity worry for the Humean. I argue here that the Humean has antecedent reasons to doubt that there are any systematic connections between scientific and metaphysical explanations. The reason is that the Humean should think that scientific and metaphysical explanation have disparate aims, and therefore that neither form of explanation is beholden to the other in its pronouncements about what explains what. Consequently, the Humean has every reason to doubt that Lange's transitivity principle obtains. (shrink)

I show how the two great Humean ways of understanding laws of nature, projectivism and systems theory, have unwittingly reprised developments in metaethics over the past century. This demonstration helps us explain and understand trends in both literatures. It also allows work on laws to “leap- frog” over the birth of many new positions, the nomic counterparts of new theories in metaethics. However, like leap-frogging from agriculture to the internet age, it’s hardly clear that we’ve landed in a (...) good place. My reactionary advice is to return to Hume and work on the central insights that motivated Humeanism about modality in the first place. When updated with contemporary insights, there we will find an attractive naturalistic theory of laws, or so I’ll argue, and along the way we’ll see how projectivism and systems theory both get something right about this overall theory. (shrink)

In this paper, I raise a novel objection to David Lewis’s Humean account of laws. The objection is that non-universal laws are metaphysically possible, but Lewis’s account cannot accommodate them. I then propose and defend an extension of Lewis’s view that gives us an account of Humean non-universal laws.

In a recent paper, Barry Loewer attempts to defend Humeanism about laws of nature from a charge that Humean laws are not adequately explanatory. Central to his defense is a distinction between metaphysical and scientific explanations: even if Humeans cannot offer further metaphysical explanations of particular features of their “mosaic,” that does not preclude them from offering scientific explanations of these features. According to Marc Lange, however, Loewer’s distinction is of no avail. Defending a transitivity principle (...) linking scientific explanantia to their metaphysical grounds, Lange argues that a charge of explanatory inadequacy resurfaces once this intuitive principle is in place. This paper surveys, on behalf of the Humean, three strategies for responding to Lange’s criticism. The ready availability of these strategies suggests that Lange’s argument may not bolster anti-Humean convictions, since the argument rests on premises that those not antecedently sharing these convictions may well reject. The three strategies also correspond to three interesting ways of thinking about relations of grounding linking Humean laws and their instances, all of which are consistent with theses of Humean supervenience, and some of which have been heretofore overlooked. (shrink)

The paper compares dispositionalism about laws of nature with primitivism. It argues that while the distinction between these two positions can be drawn in a clear-cut manner in classical mechanics, it is less clear in quantum mechanics, due to quantum non-locality. Nonetheless, the paper points out advantages for dispositionalism in comparison to primitivism also in the area of quantum mechanics, and of contemporary physics in general.

Over the past 50 years, there has been a great deal of philosophical interest in laws of nature, perhaps because of the essential role that laws play in the formulation of, and proposed solutions to, a number of perennial philosophical problems. For example, many have thought that a satisfactory account of laws could be used to resolve thorny issues concerning explanation, causation, free-will, probability, and counterfactual truth. Moreover, interest in laws of nature is not constrained to (...) metaphysics or philosophy of science; claims about laws play essential roles in areas as diverse as the philosophy of religion (e.g., in the argument from design) and the philosophy of mind (e.g., in the formulation of Davidson’s anomalous monism). In my dissertation, I consider and reject the widely-held thesis that the facts concerning laws can be reduced to the facts concerning the particular entities that the laws “govern,” and that the laws thus have no independent existence. I instead defend a version of nomic primitivism, according to which the facts about laws cannot be reduced to facts that are themselves non-nomic – i.e., to facts that do not fundamentally involve laws, counterfactuals, causes, etc. Insofar as the truth or falsity of reductionism about laws has implications for many of the problems mentioned above, I think that this result should be of interest even to those who who do not work in metaphysics or the philosophy of science. My methodology, which I lay out and defend in Chapter One, is a version of Carnapian explication. This method emphasizes the importance of articulating and maintaining clear distinctions between (1) the vague concept (or concepts) law of nature inherent in ordinary language and scientific practice and (2) the precise analyses of “law of nature” that philosophers have proposed as potential replacements for this concept. I argue that metaphysics-as-explication has clear advantages over rival conceptions of metaphysical methodology; in particular, it allows us to formulate evaluative criteria for metaphysical claims. In Chapter Two, I offer an example of how careful attention to concepts already in use can help resolve philosophical debate. Specifically, I argue that much recent literature has mistakenly assumed that there is only one concept of “law of nature” in use, while there are in fact at least two. Strong laws are the principles pursued by fundamental physics: they are true, objective, and bear distinctive relationships to counterfactuals and explanation. Weak laws, by contrast, lack at least one of these distinctive characteristics but play central roles in both the “special sciences” and in everyday life. In Chapters Three and Four, I offer extended arguments against the two most prominent versions of reductionism about laws – Humeanism and law necessitarianism. According to philosophical Humeans, the laws of nature supervene upon the non-modal, non-nomic facts concerning the behavior of particular things at particular times and places. Law necessitarians, by contrast, argue that the laws are in fact metaphysically necessary, and that which laws there are is determined by a class of primitive, modally loaded facts concerning the essences, natures, or dispositions. I argue that both of these views are mistaken insofar as they disagree with well-entrenched scientific practices and those in favor of reductionism have failed to provided sufficient reason for thinking that these practices should be revised. Much of my argument is focused on the role played by a number of supposed methodological principles, including appeals to intuition, parsimony, and methodological naturalism. While the conclusions of this dissertation are explicitly constrained to laws, many of the arguments should be of interest to those who are concerned about philosophical methodology (especially in the role of intuition in philosophical argument) or the appropriate relation between metaphysics, science, and the philosophy of science. (shrink)

The measurement problem concerns an apparent conflict between the two fundamental principles of quantum mechanics, namely the Schrödinger equation and the measurement postulate. These principles describe inconsistent behavior for quantum systems in so-called "measurement contexts." Many theorists have thought that the measurement problem can only be resolved by proposing a mechanistic explanation of (genuine or apparent) wavefunction collapse that avoids explicit reference to "measurement." However, I argue here that the measurement problem dissolves if we accept Humeanism about (...) class='Hi'>laws of nature. On a Humean metaphysics, there is no conflict between the two principles, nor is there any inherent problem with the concept of "measurement" figuring into the account of collapse. (shrink)

For Humeans, many facts—even ones intuitively “about” particular, localized macroscopic parts of the world—turn out to depend on surprisingly global fundamental bases. We investigate some counterintuitive consequences of this picture. Many counterfactuals whose antecedents describe intuitively localized, non-actual states of affairs nevertheless end up involving wide-ranging implications for the global, embedding Humean mosaic. The case of self-undermining chances is a familiar example of this. We examine that example in detail and argue that popular existing strategies such as “holding the (...) laws fixed as laws” or “holding the laws fixed as true” are of no help. Interestingly, we show how a new proposal that draws on the resources of the Mentaculus can yield the right results—but only on the assumption that the Humean can make cross-world identifications. We go on to argue that the Humean cannot make such identifications. We conclude that the root of this trouble is deeper, and its reach broader, than the familiar cases suggest. We think it is very much an open question whether the Humean has sufficient resources to properly conceptualize macroscopic objects or to analyze these “local” counterfactuals. (shrink)

The Humean best systems account identifies laws of nature with the regularities in a system of truths that, as a whole, best conforms to scientific standards for theory-choice. A principled problem for the BSA is that it returns the wrong verdicts about laws in cases where multiple systems, containing different regularities, satisfy these standards equally well. This problem affects every version of the BSA because it arises regardless of which standards for theory-choice Humeans adopt. In this paper, (...) we propose a Humean response to the problem. We invoke pragmatic aspects of Humean laws to show that the BSA, despite violating some of our intuitive judgements, can capture everything that is relevant for scientific practice. (shrink)

Many contemporary philosophers endorse the Humean-Lewisian Denial of Absolutely Necessary Connections (‘DANC’). Among those philosophers, many deny all or part of the Humean-Lewisian package of views about causation and laws. I argue that they maintain an inconsistent set of views. DANC entails that (1) causal properties and relations are, with a few possible exceptions, always extrinsic to their bearers, (2) nomic properties and relations are, with a few possible exceptions, always extrinsic to their bearers, and (3) causal and (...) nomic properties and relations globally supervene on non-causal, non-nomic properties and relations. Hence, one can’t be a consistent Half-Hearted Humean. Consistency demands giving up the core Humean thesis or facing up to its consequences. The upshot is that we face a stark choice: either there are absolutely necessary connections between distinct existents or it’s "just one damn thing after another.". (shrink)

I analyze the meaning of mass in Newtonian mechanics. First, I explain the notion of primitive ontology, which was originally introduced in the philosophy of quantum mechanics. Then I examine the two common interpretations of mass: mass as a measure of the quantity of matter and mass as a dynamical property. I claim that the former is ill-defined, and the latter is only plausible with respect to a metaphysical interpretation of laws of nature. I explore the following options for (...) the status of laws: Humeanism, primitivism about laws, dispositionalism, and ontic structural realism. (shrink)

After introducing the problems of moral uncertainty and intertheoretic comparability, I will show that moral realism and moral constructivism involve opposite explanatory relationships between theories and particular judgements. Based on these explanatory relationships, I will make an analogy between moral constructivism and Humeanism about natural laws one hand, and moral realism and anti-Humeanism about natural laws on the other. This analogy will allow me to show why intertheoretic comparisons of choice-worthiness are in principle possible (...) according to moral constructivism, but not according to moral realism. (shrink)

There is good reason to believe that scientific realism requires a commitment to the objective modal structure of the physical world. Causality, equilibrium, laws of nature, and probability all feature prominently in scientific theory and explanation, and each one is a modal notion. If we are committed to the content of our best scientific theories, we must accept the modal nature of the physical world. But what does the scientific realist’s commitment to physical modality require? We consider whether scientific (...) realism is compatible with Humeanism about the laws of nature, and we conclude that it is not. We specifically identify three major problems for the best-systems account of lawhood: its central concept of strength cannot be formulated non-circularly, it cannot offer a satisfactory account of the laws of the special sciences, and it can offer no explanation of the success of inductive inference. In addition, Humeanism fails to be naturalistically motivated. For these reasons, we conclude that the scientific realist must embrace natural necessity. (shrink)

This paper explores a novel notion of self-explanation that combines ideas from two sources: the tripartite account of explanation, according to which a proposition can help explain another either in the capacity of a reason why the latter obtains or in the capacity of an explanatory link, and the notion of an empty-base explanation, which generalizes the ideas of explanation by zero-grounding and explanation by status. After having introduced these ideas and the novel notion of self-explanation, I argue that the (...) latter has the potential to resist extant arguments against the possibility of self-explanation. In the remainder of the paper, I discuss candidates for such self-explanatory propositions and suggest possible applications for Humeanism about laws of nature, the debate on the grounds of ground, the rationalist tradition, and philosophical theology. (shrink)

Humean reductionism about laws of nature appears to leave a central aspect of scientific practice unmotivated: If the world’s fundamental structure is exhausted by the actual distribution of non-modal properties and the laws of nature are merely efficient summaries of this distribution, then why does science posit laws that cover a wide range of non-actual circumstances? In this paper, we develop a new version of the Humean best systems account of laws based on the idea (...) that laws need to organize information in a way that maximizes their cognitive usefulness for creature like us. We argue that this account motivates scientific practice because the laws’ applicability to non-actual circumstances falls right out of their cognitive usefulness. (shrink)

The article sets out a primitive ontology of the natural world in terms of primitive stuff—that is, stuff that has as such no physical properties at all—but that is not a bare substratum either, being individuated by metrical relations. We focus on quantum physics and employ identity-based Bohmian mechanics to illustrate this view, but point out that it applies all over physics. Properties then enter into the picture exclusively through the role that they play for the dynamics of the primitive (...) stuff. We show that such properties can be local, as well as holistic, and discuss two metaphysical options to conceive them, namely, Humeanism and modal realism in the guise of dispositionalism. 1 Introduction2 Primitive Ontology: Primitive Stuff3 The Physics of Matter as Primitive Stuff4 The Humean Best System Analysis of the Dynamical Variables5 Modal Realism about the Dynamical Variables6 Conclusion. (shrink)

In this paper I will introduce a problem for at least those Humeans who believe that the future is open. More particularly, I will argue that the following aspect of scientific practice cannot be explained by openfuture- Humeanism: There is a distinction between states that we cannot bring about (which are represented in scientific models as nomologically impossible) and states that we merely happen not to bring about. Open-future-Humeanism has no convincing account of this distinction. Therefore (...) it fails to explain why we cannot bring about certain states of affairs, it cannot explain what I call the “recalcitrance of nature”. (shrink)

In this discussion note I reply to some criticisms that Marc Lange (2022) has directed at my Humean view of scientific laws (Bhogal, 2020) -- about whether Humean views can make sense of the apparent fact that laws are counterfactually invariant. The key idea of my response is that the Humean should think of their reduction of the laws to the Humean mosaic as closely related to other views where we reduce one domain to another but (...) still allow that the higher-level domain can be `autonomous' of the lower-level in some respects -- like, for example, the view that the special sciences reduce to physics but can still can work autonomously of physics. (shrink)

Many philosophers sympathetic with a Humean understanding of laws of nature have thought that, in the final analysis, the fundamental laws will include not only the traditional dynamical equations, but also two additional principles: the Past Hypothesis and the Statistical Postulate. The former says that the universe began in a particular very-low-entropy macrostate M(0), and the latter posits a uniform probability distribution over the microstates compatible with M(0). Such a view is arguably vindicated by the orthodox Humean Best (...) System Account (BSA). However, I argue here that recent developments of the BSA render the Past Hypothesis otiose. In particular, the trend among Humeans toward a more pragmatic view of laws — according to which the best system is the one that is maximally effective at helping creatures like us amplify our information about the world — does not support the idea that the Past Hypothesis is a law of nature. (shrink)

This paper argues that the new metaphysics of powers, also known as dispositional essentialism or causal structuralism, is an illusory metaphysics. I argue for this in the following way. I begin by distinguishing three fundamental ways of seeing how facts of physical modality — facts about physical necessitation and possibility, causation, disposition, and chance — are grounded in the world. The first way, call it the first degree, is that the actual world or all worlds, in their entirety, are (...) the source of physical modality. Humeanism is the best known such approach, but there are other less well-known approaches. The second way, the second degree, is that the source of physical modality lies in certain second-order facts, involving a relation between universals. Armstrong’s necessitarianism and other views are second-degree views. The third way, the third degree, holds that properties themselves are the source of physical modality. This is the powers view. I examine four ways of developing the third degree: relational constitution, graph-theoretic structuralism, dispositional roles, and powerful qualities. All these ways are either incoherent, or just disguised versions of the first-degree. The new metaphysics of powers is illusory. With the collapse of the third degree, the second degree, the necessitarian view of law, collapses as well. I end the paper with some reflections on the first degree, on the problem of explaining necessary connections between distinct existences, and on the dim prospects of holist ontology. (shrink)

In this paper, we argue that the Consequence Argument relies on empirical premises. In particular, we show how the argument depends upon assumptions about the character of the laws of nature.

The dynamics of general relativity is encoded in a set of ten differential equations, the so-called Einstein field equations. It is usually believed that Einstein's equations represent a physical law describing the coupling of spacetime with material fields. However, just six of these equations actually describe the coupling mechanism: the remaining four represent a set of differential relations known as Bianchi identities. The paper discusses the physical role that the Bianchi identities play in general relativity, and investigates whether these identities (...) --qua part of a physical law-- highlight some kind of a posteriori necessity in a Kripkean sense. The inquiry shows that general relativistic physics has an interesting bearing on the debate about the metaphysics of the laws of nature. (shrink)

Legal theorists seek to persuade other jurists of certain theories: Textualism or purposivism; formalism or realism; natural law theory or positivism; prison reform or abolition; universal or particular human rights? Despite voluminous literature about these debates, tremendous uncertainty remains about which views experts endorse. This Article presents the first-ever empirical study of American law professors about legal theory questions. A novel dataset of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding (...) legal theory debates. -/- Law professors also debate questions about the nature of the legal academy. Descriptively, which subjects (e.g. constitutional law) and methods (e.g. law & economics) are most central within the legal academy today? And prescriptively, should today’s legal academy prioritize additional areas (e.g. legislation) or methods (e.g. critical race theory)? There is great interest in these questions but no empirical dataset of experts’ views; this results in uncertainty about which views experts endorse. This Article’s empirical study also clarifies these questions, documenting law professors’ evaluation of over one-hundred areas of law. -/- The legal theory and legal academy findings support implications for legal scholarship, education, and practice. Clearly, debates about law and the legal academy’s evolution should not be settled by a survey. Nevertheless, insofar as law professors are experts about these issues, it is instructive to discover and carefully examine what views those experts hold, so as to help determine which views are most likely to be true and how the legal academy ought to develop. (shrink)

What exists at the fundamental level of reality? On the standard picture, the fundamental reality contains (among other things) fundamental matter, such as particles, fields, or even the quantum state. Non-fundamental facts are explained by facts about fundamental matter, at least in part. In this paper, I introduce a non-standard picture called the "cosmic void” in which the universe is devoid of any fundamental material ontology. Facts about tables and chairs are recovered from a special kind of (...) class='Hi'>laws that satisfy strong determinism. All non-fundamental facts are completely explained by nomic facts. I discuss a concrete example of this picture in a strongly deterministic version of the many-worlds theory of quantum mechanics. I discuss some philosophical and scientific challenges to this view, as well as some connections to ontological nihilism. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

One of the attractions of the Humean instrumentalist theory of practical rationality is that it appears to offer a special connection between an agent's reasons and her motivation. The assumption that Humeanism is able to assert a strong connection between reason and motivation has been challenged, most notably by Christine Korsgaard. She argues that Humeanism is not special in the connection it allows to motivation. On the contrary, Humean theories of practical rationality do connect reasons and motivation in (...) a unique and attractive way, though the nature of this connection has sometimes been misunderstood by both defenders and detractors of the theory. (shrink)

This paper argues that the disagreement between positivists and nonpositivists about law is substantive rather than merely verbal, but that the depth and persistence of the disagreement about law, unlike for the case of morality, threatens skepticism about law. The range of considerations that can be brought to bear to help resolve moral disagreements is broader than is the case for law, thus improving the prospects of reconciliation in morality. But the central argument of the paper is (...) that law, unlike morality, is a concept-dependent social kind, in the sense that law cannot exist in a society without someone in that society having the concept of law. Since the existence of the social kind law is largely dependent on the existence of the corresponding concept, when different actors have different concepts, they can end up creating different kinds. Hence, the difference between positivists and nonpositivists is not just a conceptual one but is capable of giving rise to different legal norms. (shrink)

Views which deny that there are necessary connections between distinct existences have often been criticized for leading to inductive skepticism. If there is no glue holding the world together then there seems to be no basis on which to infer from past to future. However, deniers of necessary connections have typically been unconcerned. After all, they say, everyone has a problem with induction. But, if we look at the connection between induction and explanation, we can develop the problem of induction (...) in a way that hits deniers of necessary connections, but not their opponents. The denier of necessary connections faces an `internal' problem with induction -- skepticism about important inductive inferences naturally flows from their position in a way that it doesn't for those who accept necessary connections. This is a major problem, perhaps a fatal one, for the denial of necessary connections. (shrink)

Neurological syndromes in which consciousness seems to malfunction, such as temporal lobe epilepsy, visual scotomas, Charles Bonnet syndrome, and synesthesia offer valuable clues about the normal functions of consciousness and ‘qualia’. An investigation into these syndromes reveals, we argue, that qualia are different from other brain states in that they possess three functional characteristics, which we state in the form of ‘three laws of qualia’. First, they are irrevocable: I cannot simply decide to start seeing the sunset as (...) green, or feel pain as if it were an itch; second, qualia do not always produce the same behaviour: given a set of qualia, we can choose from a potentially infinite set of possible behaviours to execute; and third, qualia endure in short-term memory, as opposed to non-conscious brain states involved in the on-line guidance of behaviour in real time. We suggest that qualia have evolved these and other attributes because of their role in facilitating non-automatic, decision-based action. We also suggest that the apparent epistemic barrier to knowing what qualia another person is experiencing can be overcome by using a ‘bridge’ of neurons; and we offer a hypothesis about the relation between qualia and one's sense of self. (shrink)

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such (...) as granularity, scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

According to the Humean Best Systems Account, laws are generalizations in the best systematization of non-modal matters of fact. Recently, it has become popular to interpret the notion of a best system pragmatically. The _best_ system is sensitive to our interests—that is, to our goals, abilities, and limitations. This account promises a metaphysically minimalistic analysis of laws, but I argue that it is not as minimalistic as it might appear. Some of the concepts it employs are modally robust, (...) leading to a dilemma. (shrink)

Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in (...) a descriptivist, “rule-relational” semantics combined with a pragmatic account of the expressive and practical functions of legal discourse. We argue that this approach is at least as well-equipped as expressivism to explain the motivational and prescriptive features of “internal” legal statements, as well as a fundamental kind of legal disagreement, while being better positioned to account for various “external” uses of the same language. We develop this theory in a Hartian framework, and in the final part of the paper argue (particularly against Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along such quasi-expressivist lines. (shrink)

Alex Sarch’s recent book, Criminally Ignorant: Why the Law Pretends We Know What We Don’t is a wonderfully rich work.1 Sarch provides and defends an explanatorily powerful theory of criminal culpab...

This paper shows how a niche account of the metaphysics of laws of nature and physical properties—the Powers-BSA—can underpin both a sense in which the laws are metaphysically necessary and a sense in which it is true that the laws could have been different. The ability to reconcile entrenched disagreement should count in favour of a philosophical theory, so this paper constitutes a novel argument for the Powers-BSA by showing how it can reconcile disagreement about the (...) laws’ modal status. This paper also constitutes a defence of modal necessitarianism, the interesting and controversial view according to which all worlds are nomologically identical, because it shows how the modal necessitarian can appease the orthodox contingentist about laws. (shrink)

"Semantic dispositionalism" is the theory that a speaker's meaning something by a given linguistic symbol is determined by her dispositions to use the symbol in a certain way. According to an objection by Kripke, further elaborated in Kusch :156–163, 2005), semantic dispositionalism involves ceteris paribus-clauses and idealisations, such as unbounded memory, that deviate from standard scientific methodology. I argue that Kusch misrepresents both ceteris paribus-laws and idealisation, neither of which factually "approximate" the behaviour of agents or the course of (...) events, but, rather, identify and isolate nature's component parts and processes. An analysis of current results in cognitive psychology vindicates the idealisations involved and certain counterfactual assumptions in science generally. In particular, results suggest that there can be causal continuity between the dispositional structure of actual objects and that of highly idealised objects. I conclude by suggesting that we can assimilate ceteris paribus-laws with disposition ascriptions insofar as they involve identical idealising assumptions. (shrink)

An odd dissensus between confident metaphysicians and neopragmatist antimetaphysicians pervades early twenty-first century analytic philosophy. Each faction is convinced their side has won the day, but both are mistaken about the philosophical legacy of the twentieth century. More historical awareness is needed to overcome the current dissensus. Lewis and his possible-world system are lionised by metaphysicians; Quine’s pragmatist scruples about heavy-duty metaphysics inspire antimetaphysicians. But Lewis developed his system under the influence of his teacher Quine, inheriting from him (...) his empiricism, his physicalism, his metaontology, and, I will show in this paper, also his Humeanism. Using published as well as never-before-seen unpublished sources, I will make apparent that both heavy-duty metaphysicians and neopragmatist antimetaphysicians are wrong about the roles Quine and Lewis played in the development of twentieth-century philosophy. The two are much more alike than is commonly supposed, and Quine much more instrumental to the pedigree of current metaphysics. (shrink)