Special science generalizations admit of exceptions. Among the class of non-exceptionless special science generalizations, I distinguish minutis rectis generalizations from the more familiar category of ceteris paribus generalizations. I argue that the challenges involved in showing that mr generalizations can play the law role are underappreciated, and quite different from those involved in showing that cp generalizations can do so. I outline a strategy for meeting the challenges posed by mr generalizations.

Earman and Roberts claim that there is neither a persuasive account of the truth-conditions of ceteris paribus laws, nor of how such laws can be confirmed or disconfirmed. I will give an account of the truth conditions of ceteris paribus laws in physics in terms of dispositions. It will meet the objections standardly raised against such an account. Furthermore I will elucidate how ceteris paribus laws can be tested in physics. (...) The essential point is that physics provides methodologies for dealing with disturbing factors. For this reason disturbing factors need not be listed explicitly in law-statements. In virtue of the methodologies it is possible to test how systems would behave if the disturbing factors were absent. I will argue that this suffices to establish the tenability of the dispositional account of ceteris paribus laws. (shrink)

An otherwise lawlike generalisation hedged by a ceteris paribus (CP) clause qualifies as a law of nature, if the CP clause can be substituted with a set of conditions derived from the multivariate regression model used to interpret the empirical data in support of the gen- eralisation. Three studies in human biology that use regression analysis are surveyed, showing that standard objections to cashing out CP clauses in this way—based on alleged vagueness, vacuity, or lack of testability—do not (...) apply. CP laws also cannot be said to be simply false due to the indefinitely many conditions not explicitly stated in their associated model: scientific CP clauses imply that these are, given the evidence, not nomically relevant. (shrink)

According to manipulationist accounts of causal explanation, to explain an event is to show how it could be changed by intervening on its cause. The relevant change must be a ‘serious possibility’ claims Woodward 2003, distinct from mere logical or physical possibility—approximating something I call ‘scientific possibility’. This idea creates significant difficulties: background knowledge is necessary for judgments of possibility. Yet the primary vehicles of explanation in manipulationism are ‘invariant’ generalisations, and these are not well adapted to encoding such knowledge, (...) especially in the social sciences, as some of it is non-causal. Ceteris paribus (CP) laws or generalisations labour under no such difficulty. A survey of research methods such as case and comparative studies, randomised control trials, ethnography, and structural equation modeling, suggests that it would be more difficult and in some instances impossible to try to represent the output of each method in invariant generalisations; and that this is because in each method causal and non-causal background knowledge mesh in a way that cannot easily be accounted for in manipulationist terms. Ceteris paribus-generalisations being superior in this regard, a theory of explanation based on the latter is a better fit for social science. (shrink)

Laws of nature seem to take two forms. Fundamental physics discovers laws that hold without exception, ‘strict laws’, as they are sometimes called; even if some laws of fundamental physics are irreducibly probabilistic, the probabilistic relation is thought not to waver. In the nonfundamental, or special, sciences, matters differ. Laws of such sciences as psychology and economics hold only ceteris paribus – that is, when other things are equal. Sometimes events accord with these (...) ceteris paribus laws (c.p. laws, hereafter), but sometimes the laws are not manifest, as if they have somehow been placed in abeyance: the regular relation indicative of natural law can fail in circumstances where an analogous outcome would effectively refute the assertion of strict law. Many authors have questioned the supposed distinction between strict laws and c.p. laws. The brief against it comprises various considerations: from the complaint that c.p. clauses are void of meaning to the claim that, although understood well enough, they should appear in all law-statements. These two concerns, among others, are addressed in due course, but first, I venture a positive proposal. I contend that there is an important contrast between strict laws and c.p. laws, one that rests on an independent distinction between combinatorial and noncombinatorial nomic principles.2 Instantiations of certain properties, e.g., mass and charge, nomically produce individual forces, or more generally, causal influences,3 in accordance with noncombinatorial.. (shrink)

INTRODUCTION I. CETERIS PARIBUS LAWS An alleged law of nature—like Newton's law of gravitation—is said to be a ceteris paribus law if it does not hold under ...

After a brief survey of the literature on ceteris paribus clauses and ceteris paribus laws (1), the problem of exceptions, which creates the need for cp laws, is discussed (2). It emerges that the so-called skeptical view of laws of nature does not apply to laws of any kind whatever. Only some laws of physics are plagued with exceptions, not THE laws (3). Cp clauses promise a remedy, which has to (...) be located among the further reactions to the skeptical view (4). After inspecting various translations of the Latin term 'ceteris paribus' (5), the paper arrives at the conclusion that, on the most reasonable translation, there are no such things as cp laws, for reasons of logical form. Cp clauses have an indexical content, so that they need singular propositions as their habitat, not general ones. Cp clauses and the universal generalizations they are supposed to modify are not fit for each other (6). (shrink)

Although there is an ongoing controversy in philosophy of science about so called ceteris paribus laws that is, roughly, about laws with exceptionsóa fundamental question about those laws has been neglected (ß2). This is due to the fact that this question becomes apparent only if two different readings of ceteris paribus clauses in laws have been separated. The first reading of ceteris paribus clauses, which I will call the epistemic reading, (...) covers applications of laws: predictions, for example, might go wrong because we do not know all the relevant factors which are causally effective in relevant situation. The second reading, which I will call the metaphysical reading, is concerned with the laws themselves and their possible exceptions (ß3). It is this latter readingóand the funda- mental question associated with itówhich has been neglected due to the confusion of the two readings (ß4): if we leave epistemic issues aside is there at all conceptual space left for a notion of laws of nature which allows the laws themselves to have exceptions? I call a law with exceptions in this sense, if such there is, a real ceteris paribus law. To tackle this question, I distinguish grounded laws from non-grounded laws (ß5). A grounded law is, roughly, a law about structured entities where the properties of the parts of that structure figure themselves in laws of nature (ß6). I will claim that, since the substructure of such an entity can be damaged, grounded laws themselves can face exceptions. Hence, they are candidates to be real (metaphysical) ceteris paribus laws in the sense of my central question. I will discuss grounded laws and their exceptions in detail (ß7, ß8, ß9). For reasons of space, the further question whether we can even have a notion of fun- damental (non-grounded) laws that allows for exceptions cannot be discussed here. I will, however, give a positive answer and also outline how I have argued for that claim elsewhere (ß10). (shrink)

Many philosophers of science think that most laws of nature (even those of fundamental physics) are so called ceteris paribus laws, i.e., roughly speaking, laws with exceptions. Yet, the ceteris paribus clause of these laws is problematic. Amongst the more infamous difficulties is the danger that 'For all x: Fx ⊃ Gx, ceteris paribus' may state no more than a tautology: 'For all x: Fx ⊃ Gx, unless not'. One of (...) the major attempts to avoid this problem (and others concerning ceteris paribus laws) is to claim that the subject matter of laws are ascriptions of dispositions, powers, capacities etc., and not the regular behaviour we find in nature. That we do not know whether the cetera are paria in a specific situation does not matter to the dispositionalist because the objects have the disposition regardless of the circumstances. The defence of the latter claim is that dispositions can be instantiated without being manifested. Hence, the laws that ascribe dispositions are strict and it looks as if they do not face the above mentioned problems of ceteris paribus laws. In this essay I attempt to show that these assumptions are wrong. I hope to illustrate that not only does the ceteris paribus clause reoccur inside the dispositions, moreover, there are laws—laws about non-fundamental entities with instable dispositions—which bear a ceteris paribus clause that cannot be hidden in a disposition. (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)

Russellians, Relationists, and Fregeans disagree about the nature of propositional-attitude content. We articulate a framework to characterize and evaluate this disagreement. The framework involves two claims: i) that we should individuate attitude content in whatever way fits best with the explanations that characteristically appeal to it, and ii) that we can understand those explanations by analogy with other ‘higher-level’ explanations. Using the framework, we argue for an under-appreciated form of Russellianism. Along the way we demonstrate that being more explicit about (...) the framework in which debates about attitude content take place allows us to more precisely characterize the space of possible positions and the dialectic between them. (shrink)

Standard objections to the notion of a hedged, or ceteris paribus, law of nature usually boil down to the claim that such laws would be either 1) irredeemably vague, 2) untestable, 3) vacuous, 4) false, or a combination thereof. Using epidemiological studies in nutrition science as an example, I show that this is not true of the hedged law-like generalizations derived from data models used to interpret large and varied sets of empirical observations. Although it may be (...) ‘in principle impossible’ to construct models that explicitly identify all potential causal interferers with the relevant generalization, the view that our failure to do so is fatal to the very notion of a cp-law is plausible only if one illicitly infers metaphysical impossibility from epistemic impossibility. I close with the suggestion that a model-theoretic approach to cp-laws poses a problem for recent attempts to formulate a Mill-Ramsey-Lewis theory of cp-laws. (shrink)

This paper combines two ideas: (1) That the Lewisian best system analysis of lawhood (BSA) can cope with laws that have exceptions (cf. Braddon-Mitchell in Noûs 35(2):260–277, 2001; Schrenk in The metaphysics of ceteris paribus laws. Ontos, Frankfurt, 2007). (2) That a BSA can be executed not only on the mosaic of perfectly natural properties but also on any set of special science properties (cf., inter alia, Schrenk 2007, Selected papers contributed to the sections of GAP.6, (...) 6th international congress of the society for analytical philosophy. Mentis, Paderborn/Münster, 2008; Cohen and Callender in Philos Stud 145:1–34, 2009, Erkenntnis 73:427–447, 2010). Bringing together (1) and (2) results in an analysis of special science ceteris paribus laws. (shrink)

This paper develops two ideas with respect to dispositional properties: (1) Adapting a suggestion of Sungho Choi, it appears the conceptual distinction between dispositional and categorical properties can be drawn in terms of susceptibility to finks and antidotes. Dispositional, but not categorical properties, are not susceptible to intrinsic finks, nor are they remediable by intrinsic antidotes. (2) If correct, this suggests the possibility that some dispositions—those which lack any causal basis—may be insusceptible to any fink or antidote. Since finks and (...) antidotes are a major obstacle to a conditional analysis of dispositions, these dispositions that are unfinkable may be successfully analysed by the conditional analysis of dispositions. This result is of importance for those who think that the fundamental properties might be dispositions which lack any distinct causal basis, because it suggests that these properties, if they exist, can be analysed by simple conditionals and that they will not be subject to ceteris paribus laws. (shrink)

I argue that there are at least two concepts of law of nature worthy of philosophical interest: strong law and weak law. Strong laws are the laws investigated by fundamental physics, while weak laws feature prominently in the “special sciences” and in a variety of non-scientific contexts. In the first section, I clarify my methodology, which has to do with arguing about concepts. In the next section, I offer a detailed description of strong laws, which I (...) claim satisfy four criteria: (1) If it is a strong law that L then it also true that L; (2) strong laws would continue to be true, were the world to be different in some physically possible way; (3) strong laws do not depend on context or human interest; (4) strong laws feature in scientific explanations but cannot be scientifically explained. I then spell out some philosophical consequences: (1) is incompatible with Cartwright’s contention that “laws lie” (2) with Lewis’s “best-system” account of laws, and (3) with contextualism about laws. In the final section, I argue that weak laws are distinguished by (approximately) meeting some but not all of these criteria. I provide a preliminary account of the scientific value of weak laws, and argue that they cannot plausibly be understood as ceteris paribus laws. (shrink)

Following an analysis of the state of investigations and clinical outcomes in the Alzheimer's research field, I argue that the widely-accepted 'amyloid cascade' mechanistic explanation of Alzheimer's disease appears to be fundamentally incomplete. In this context, I propose that a framework termed 'principled mechanism' (PM) can help with remedying this problem. First, using a series of five 'tests', PM systematically compares different components of a given mechanistic explanation against a paradigmatic set of criteria, and hints at various ways of making (...) the mechanistic explanation more 'complete'. These steps will be demonstrated using the amyloid explanation, and its missing or problematic mechanistic elements will be highlighted. Second, PM makes an appeal for the discovery and application of 'biological principles' (BPs), which approximate ceteris paribus laws and are operative at the level of a biological cell. As such, although thermodynamic, evolutionary, ecological and other laws or principles from chemistry and the broader life sciences could inform them, BPs should be considered ontologically unique. BPs could augment different facets of the mechanistic explanation but also allow further independent nomological explanation of the phenomenon. Whilst this overall strategy can be complementary to certain 'New Mechanist' approaches, an important distinction of the PM framework is its equal attention to the explanatory utility of biological principles. Lastly, I detail two hypothetical BPs, and show how they could each inform and improve the potentially incomplete mechanistic aspects of the amyloid explanation and also how they could provide independent explanations of the cellular features associated with Alzheimer's disease. (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)

This paper explores whether it is possible to reformulate or re-interpret Lewis’s theory of fundamental laws of nature—his “best system analysis”—in such a way that it becomes a useful theory for special science laws. One major step in this enterprise is to make plausible how law candidates within best system competitions can tolerate exceptions—this is crucial because we expect special science laws to be so called “ceteris paribus laws ”. I attempt to show how (...) this is possible and also how we can thereby make the first step towards a solution for the infamous difficulties surrounding the troublesome ceteris paribus clause. The paper outlines the general ideas of the theory but also points out some of its difficulties and background assumptions. (shrink)

Nature is complex, exceedingly so. A repercussion of this “complex world constraint” is that it is, in practice, impossible to connect words to the world in a foolproof manner. In this paper I explore the ways in which the complex world constraint makes vagueness, or more generally imprecision, in language in practice unavoidable, illuminates what vagueness comes to, and guides us to a sensible way of thinking about truth. Along the way we see that the problem of ceteris (...) class='Hi'>paribus laws is exactly the problem of vagueness and susceptible to similar treatment. (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)

According to a captivating picture, epistemic justification is essentially a matter of epistemic or evidential likelihood. While certain problems for this view are well known, it is motivated by a very natural thought—if justification can fall short of epistemic certainty, then what else could it possibly be? In this paper I shall develop an alternative way of thinking about epistemic justification. On this conception, the difference between justification and likelihood turns out to be akin to the more widely recognised difference (...) between ceteris paribus laws and brute statistical generalisations. I go on to discuss, in light of this suggestion, issues such as classical and lottery-driven scepticism as well as the lottery and preface paradoxes. (shrink)

Unlike any other monograph on legal liability, Michael S. Moore’s book CAUSATION AND RESPONSIBILITY contains a well-informed and in-depth discussion of the metaphysics of causation. Moore does not share the widespread view that legal scholars should not enter into metaphysical debates about causation. He shows respect for the subtleties of philosophical debates on causal relata, identity conditions for events, the ontological distinctions between events, states of affairs, facts and tropes, and the counterfactual analysis of event causation, and he considers all (...) these issues relevant to law. In this contribution, I defend an amended version of the COUNTERFACTUAL theory of event causation both against Moore’s criticism and against some traits of Lewis’s version of the theory. On a number of counts, I simply defend Lewis against Moore’s misdirected criticism. Moore’s unreasonable demand that all the commonplaces about causation have to FOLLOW from the counterfactual analysis rests on his mistaken claim that the counterfactual theory IDENTIFIES causation with counterfactual dependence. In other respects, I part company with Lewis in order to highlight some underrated strengths of the counterfactual approach. The common denominator of my revisions is that they make the counterfactual theory unambiguously singularist. The suggested revisions comprise: performing the counterfactual analysis with Davidsonian rather than with Lewisian events, taking seriously the ex post-character of singular causal statements, making explicit the indexical ceteris paribus clause that fixes the actual circumstances of the causing event, abandoning the alleged transitivity of causation, and, last but not least, doing everything in the correct order. The correct order is to start with bedrock intuitions about the nature of causality rather than with a general possible world semantics, and then to turn these intuitions into constraints for the class of counterfactuals that a counterfactual analysis of causation has to consider. (shrink)

Miracles are commonly understood in the way David Hume defined them: as violations of the laws of nature. I argue, however, that the conjunction of Hume’s definition with a neo-Humean view of the laws of nature yields objectionable consequences. In particular, the two jointly imply that some miracles are logically impossible. A better way of thinking about miracles, I suggest, is on a neo-Aristotelian metaphysics. On that view, the laws of nature contain built-in ceteris paribus (...) clauses that allow for the possibility of external influences in the natural world. Miracles, understood as instances of external, divine influence, would therefore neither violate the laws of nature nor be instances of those laws. In this respect, neo-Aristotelians have an advantage over neo-Humeans in providing a coherent account of miracles. (shrink)

The paper applies confirmation theory to a famous statement of economics, the law of demand, which says that ceteris paribus, prices and quantities demanded change in opposite directions. Today's economists do not accept the law unless definite restrictions hold, and have shown little interest in deciding whether or not these restrictions were satisfied empirically. However, Hildenbrand (1994) has provided a new derivation of the law of aggregate demand and used this theoretical advance to devise a test that may (...) be the first rigorous one ever performed on the law. The paper accounts for Hildenbrand's and, in less detail, his predecessors' contributions within the philosophical framework of Hempel (1965) and Glymour (1980). Its salient result is that economists have accepted the "consequence condition", and rejected the "converse consequence condition", and thus implicitly adhered to a Hempelian- Glymourian view of confirmation and testability. (shrink)

State of art paper on the topic laws of nature, around the problem of identification what is to be a law of nature. The most prominent theories of contemporary philosophical literature are discussed and analysed, such as: the simple regularity theory, from Hume; the Mill-Ramsey-Lewis best systems theory; the Dretske-Tooley-Armstrong theory of laws as relations among universals; Ellis’s essentialist theory; Cartwright’s theory of laws as ceteris paribus laws; the anti-reductionist theories of Lange, Maudlin and (...) Carroll, the anti-realist theories of Mumford, van Fraassen and Giere; etc. (shrink)

Nature is complex, exceedingly so. A repercussion of this “complex world constraint” is that it is, in practice, impossible to connect words to the world in a foolproof manner. In this paper I explore the ways in which the complex world constraint makes vagueness, or more generally imprecision, in language in practice unavoidable, illuminates what vagueness comes to, and guides us to a sensible way of thinking about truth. Along the way we see that the problem of ceteris (...) class='Hi'>paribus laws is exactly the problem of vagueness and susceptible to similar treatment. (shrink)

Our understanding of subjunctive conditionals has been greatly enhanced through the use of possible world semantics and, more precisely, by the idea that they involve variably strict quantification over possible worlds. I propose to extend this treatment to ceteris paribus conditionals – that is, conditionals that incorporate a ceteris paribus or ‘other things being equal’ clause. Although such conditionals are commonly invoked in scientific theorising, they traditionally arouse suspicion and apprehensiveness amongst philosophers. By treating ceteris (...) paribus conditionals as a species of variably strict conditional I hope to shed new light upon their content and their logic. (shrink)

I present an approach to our conceiving absolute impossibilities—things which obtain at no possible world—in terms of ceteris paribus intentional operators: variably restricted quantifiers on possible and impossible worlds based on world similarity. The explicit content of a representation plays a role similar in some respects to the one of a ceteris paribus conditional antecedent. I discuss how such operators invalidate logical closure for conceivability, and how similarity works when impossible worlds are around. Unlike what (...) happens with ceteris paribus counterfactual conditionals, the closest worlds are relevantly closest belief-worlds: closest to how things are believed to be, rather than to how they are. Also, closeness takes into account apriority and the opacity of intentional contexts. (shrink)

According to a popular account, rationality is a kind of coherence of an agent’s mental states and, more specifically, a matter of fulfilling norms of coherence. For example, in order to be rational, an agent is required to intend to do what they judge they ought to and can do. This norm has been called ‘Enkrasia’. Another norm requires that, ceteris paribus, an agent retain their intention over time. This has been called ‘Persistence of Intention’. This paper argues (...) that thus understood norms of rationality may at times conflict. More specifically, Enkrasia and Persistence of Intention may place demands on the agent that are impossible to fulfil. In these cases, the framework of requirements does not provide us with norms that make us rational. A rival account, according to which rationality is a kind of responsiveness to one’s available reasons, can overcome the problem. (shrink)

Might fiction films have cognitive value, and if so, how might such value interact with films’ artistic and aesthetic values? Philosophical consideration of this question tends to consist in either ceteris paribus extensions of claims relating to prose fiction and literature; meta-philosophical inquiries into the capacity of films to be or do philosophy; or generalised investigations into the cognitive value of any, and thereby all, artworks. I first establish that fiction films can be works of art, then address (...) this lacuna and identify three hitherto unrecognised values relevant to the issue of learning from fiction films. These values are (i) a film’s stance-based cinematic value, which is neither an artistic nor an aesthetic value, but which pertains to the integration of a film’s content, its form, and its themes and/or theses; (ii) a film’s dramatic value, which recognises the use of dramatic argumentation to enable us to make sense of agents’ intentional actions; and (iii) a film’s humanistic value which acknowledges a film’s power to provide illuminating insights into the human condition. In tandem with a series of sceptical arguments that question the very notion of cognitive value, I demonstrate how stance-based cinematic value, dramatic value, and humanistic value can provide fresh ways with which to understand and appreciate that we learn from films, what we learn from films, and how we learn from films. Grouping these values together under the rubric of cinematic humanism offers new resources for a paradigm shift capable of staying true to the spirit that informs both sides of the cognitivist/non-cognitivist debate whilst cutting through the Gordian knot it has become. (shrink)

Bermúdez argues for rational framing effects in the form of quasi-cyclical preferences. This is supposed to refute the extensionality principle in standard decision theory. In response, I argue that it is better to analyze seemingly quasi-cyclical preferences as ceteris paribus preferences. Furthermore, if frames are included as objects of choice, we can acknowledge rational framing effects without rejecting extensionality.

Christian von Ehrenfels was a student of both Franz Brentano and Carl Menger and his thinking on value theory was inspired both by Brentano’s descriptive psychology and by the subjective theory of economic value advanced by Menger, the founder of the Austrian school of economics. Value, for Ehrenfels, is a function of desire, and we ascribe value to those things which we either do in fact desire, or would desire if we were not convinced of their existence. He asserts that (...) the needed theoretical understanding of values is to be achieved by generalizing economic laws of valuation to apply to value in general. The law of marginal utility, for example, is a law to the effect that the n+1st sample of a good which I receive is ceteris paribus less valuable than the nth sample (imagine that the samples in question are, for example, a series of identical ham sandwiches). The essay describes how Ehrenfels provides on this basis an account of the different types of values, both intrinsic and non-intrinsic. It outlines also Ehrenfels views on the problem of interpersonal value-comparisons and on the struggle for survival between different values of different types. (shrink)

Inductive thinking is a universal human habit; we generalise from our experiences the best we can. The induction problem is to identify which observed regularities provide reasonable justification for inductive conclusions. In the natural sciences, we can often use strict laws in making successful inferences about unobserved states of affairs. In the social sciences, by contrast, we have no strict laws, only regularities which most often are conditioned on ceteris paribus clauses. This makes it much more (...) difficult to make reliable inferences in the social sciences. In particular, we want knowledge about general causal relations in order to be able to determine what to do in order to achieve a certain state of affairs. Knowledge about causal relations that are also valid in the future requires experiments or so called ‘natural experiments’. Only knowledge derived from such experiences enable us to draw reasonably reliable inferences about how to act in order to achieve our goals. (shrink)

This article has provided a philosophical discourse approach in deconstructing Ceteris Paribus (CP) as applied in contemporary Africa. The concept of CP, which affirm the notion of ‘all things are equal’ does not always hold true in the real world. The author has gone beyond the normal interpretation of the word shock, which is making it impossible for the CP concept to hold true in reality. The paper has unraveled critical discourses spanning corruption element as a key factor (...) in the current state of Africa’s economic malaise. It is therefore incumbent on African scholars and professionals to continue their strides in promoting critical hermeneutic space, pursued through empirical endeavours or otherwise in support of developing a philosophy that is based on pragmatism for the enhancement of economic methodology, focused on the continent’s pathway of (sustained) economic development. (shrink)

Since causal processes can be prevented and interfered with, law-governed causation is a challenge for necessitarian theories of laws of nature. To show that there is a problematic friction between necessity and interference, I focus on David Armstrong's theory; with one proviso, his lawmaker, nomological necessity, is supposed to be instantiated as the causation of the law's second relatum whenever its first relatum is instantiated. His proviso is supposed to handle interference cases, but fails to do so. In order (...) to be able to handle interferences, any theory which utilizes a kind of necessitation as lawmaker has to downgrade what it treats as necessity to something more akin to (Newtonian) forces. (shrink)

In a (2016) paper in this journal, I defuse allegations that theoretical ecological research is problematic because it relies on teleological metaphysical assumptions. Mark Sagoff offers a formal reply. In it, he concedes that I succeeded in establishing that ecologists abandoned robust teleological views long ago and that they use teleological characterizations as metaphors that aid in developing mechanistic explanations of ecological phenomena. Yet, he contends that I did not give enduring criticisms of theoretical ecology a fair shake in my (...) paper. He says this is because enduring criticisms center on concerns about the nature of ecological networks and forces, the instrumentality of ecological laws and theoretical models, and the relation between theoretical and empirical methods in ecology that that paper does not broach. Below I set apart the distinct criticisms Sagoff presents in his commentary and respond to each in turn. (shrink)

When faced with a rule that they take to be true, and a recalcitrant example, people are apt to say: “The exception proves the rule”. When pressed on what they mean by this though, things are often less than clear. A common response is to dredge up some once-heard etymology: ‘proves’ here, it is often said, means ‘tests’. But this response—its frequent appearance even in some reference works notwithstanding1—makes no sense of the way in which the expression is used. To (...) insist that the exception proves the rule is to insist that whilst this is an exception, the rule still stands; and furthermore, that, rather than undermining the rule, the exception serves to confirm it. This second claim may seem paradoxical, but it should not, once it is realized that what does the confirming is not the exception itself, but rather the fact that we judge it to be an exception; and that what is confirmed is not the rule itself, but rather the fact that we judge it to be a rule. To treat something as an exception is not to treat it as a counterexample that refutes the existence of the rule. Rather it is to treat it as special, and so to concede the rule from which it is excepted. The point comes clearly in the original (probably 17th Century) Latin form: Exceptio probat (figit2) regulam in casibus non exceptis. Exception (i.e. the act of excepting) proves (establishes) the rule in the cases not excepted. Clearly this form of reasoning cannot apply when the rule that we are considering has the form of a simple universal generalization. Here there can be no exceptions, only counterexamples. So what we need, and what will be developed.. (shrink)

The interpretation and the indirect reporting of a speaker’s communicative intentions lie at the crossroad between pragmatics, argumentation theory, and forensic linguistics. Since the leading case Masson v. New Yorker Magazine, Inc., in the United States the legal problem of determining the truth of a quotation is essentially equated with the correctness of its indirect reporting, i.e. the representation of the speaker’s intentions. For this reason, indirect reports are treated as interpretations of what the speaker intends to communicate. Theoretical considerations, (...) aimed at establishing the pragmatic meaning of an utterance and differentiating between presumptive and non-presumptive interpretation, are thus interwoven with the practical legal need of distinguishing a correct indirect report from an indirect one or a misquotation. An incorrect report or a misquotation has the dialectical effect of attributing to the misquoted party commitments that he never held, which the latter needs to rebut. This shifting of the burden of persuasion can be increased by using strategically the conflict between the presumptive interpretation of an utterance and the non-presumptive one, i.e. the different types of pragmatic ambiguity. When an interpreter is confronted with an utterance taken out of its dialogical context, his interpretative process is not guided by the actual context or intention, but rather the most frequent or prototypical dialogical setting or the most typical individual purpose that it could have served to achieve. This presumptive reconstruction can be used to provide a prima facie case that the other party needs to reject. The stronger the interpretative presumptions a speaker needs to rebut, the more effective the misquotation strategy. The conflict between the systematic and the presumptive process of interpretation can be represented as an argumentative mechanism of reconstruction of the individual intention, which allows one to assess the reasonableness of the interpretative reasoning. (shrink)

The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

The book presents the first comprehensive survey of limits of the intentional control of action from an interdisciplinary perspective. It brings together leading scholars from philosophy, psychology, and the law to elucidate this theoretically and practically important topic from a variety of theoretical and disciplinary approaches. It provides reflections on conceptual foundations as well as a wealth of empirical data and will be a valuable resource for students and researchers alike. Among the authors: Clancy Blair, Todd S. Braver, Michael (...) W. Cole, Anika Fäsche, Maayan Davidov, Peter Gollwitzer, Kai Robin Grzyb, Tobias Heikamp, Gabriele Oettingen, Rachel McKinnon, Nachschon Meiran, Hans Christian Röhl, Michael Schmitz, John R. Searle, Gottfried Seebaß, Gisela Trommsdorff, Felix Thiede, J. Lukas Thürmer, Frank Wieber. (shrink)

In ‘What Has Philosophy to Learn from Tort Law?’, Bernard Williams reaffirms J. L. Austin’s suggestion that philosophy might learn from tort law ‘the difference between practical reality and philosophical frivolity’. Yet while Austin regarded tort law as just another repository of time-tested concepts, on a par with common sense as represented by a dictionary, Williams argues that ‘the use of certain ideas in the law does more to show that those ideas have strength than is done by the mere (...) fact that they are part of the currency of common sense’. But what does it mean to show that ideas or concepts ‘have strength’? How does conceptual strength relate to the distinction between practical reality and philosophical frivolity? And what special features of the law are supposed to make it a better test of conceptual strength than common sense? In this chapter, I reconstruct and develop Williams’s answers to these questions. I show why Williams believes that we need to test the concepts forming the currency of common sense against practical reality as embodied by legal practice; I identify seven features of tort law that make it particularly suitable to act as such a test; I distinguish three respects in which concepts can show strength, and unpack Williams’s metaphor of microwave-resistant concepts: concepts capable of holding and presenting material for intense critical scrutiny without succumbing to it themselves; lastly, I show how philosophy can learn to identify systematically weak concepts, and the limits of otherwise valuable concepts, by considering which concepts fail the test. (shrink)

The nature of legislative intent remains a subject of vigorous debate. Its many participants perceive the intent in different ways. In this paper, I identify the reason for such diverse perceptions: three intentions are involved in lawmaking, not one. The three intentions correspond to the three aspects of a speech act: locutionary, illocutionary and perlocutionary. The dominant approach in legal theory holds that legislative intent is a semantic (locutionary) one. A closer examination shows that it is, in fact, an illocutionary (...) one. In the paper, I draw the consequences for legal interpretation of this more theorized model of legislative intent. (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

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)

Law-enforcement agencies are increasingly able to leverage crime statistics to make risk predictions for particular individuals, employing a form of inference that some condemn as violating the right to be “treated as an individual.” I suggest that the right encodes agents’ entitlement to a fair distribution of the burdens and benefits of the rule of law. Rather than precluding statistical prediction, it requires that citizens be able to anticipate which variables will be used as predictors and act intentionally to avoid (...) them. Furthermore, it condemns reliance on various indexes of distributive injustice, or unchosen properties, as evidence of law-breaking. (shrink)

Accomplice liability makes someone guilty of a crime he never committed, so long as he helped or influenced the perpetrator and did so with the required mens rea. Just what that mens rea should be has been contested for more than a century. Here I consider three major approaches and find them all wanting. I propose rejecting their common (but rarely questioned) assumption that what matters is the helper’s mental state toward the perpetrator’s commission of an offense. I suggest considering (...) instead his stance toward the perpetrator’s intention to act: a helper is an accomplice, on this view, if he (a) intends to see to it that the principal form or keep his own plan to commit an offense and (b) does not intend or expect that plan’s frustration. This standard better justifies imposing accomplice liability. It more precisely picks out those helpers culpable for the perpetrator’s very offense. And this parity of guilt is the best—perhaps the only good—basis for imposing the same liability on accomplice and principal, in a system so retribution-driven as to choose to do so at all. (shrink)

I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.

It is often thought that the meaning of a legal provision must reside in the minds of its authors or its interpreters, or a combination of the two. Indeed, the point may seem so obvious that it scarcely needs any justification. Is there any sense, then, in the claim sometimes made by judges that a law has a meaning of its own, one that is distinct from the intentions of authors and interpreters alike? At first sight, the claim appears extravagant (...) and self-serving. However, there is more to it than meets the eye. Drawing on an example from the world of games, this essay argues that the law makes up a “participatory order of meaning,” an autonomous order to which legal drafters and interpreters bend their minds as they create particular patterns of meaning. Ultimately, a legal order should be understood as a concrete instance of a transcendent order of justice and basic values, which in some sense lies both within and beyond the laws of a particular time and place. (shrink)