Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 (...) / 3. Timely Issues of Central and Eastern Europe 24 // COMPARATIVE LEGAL CULTURES? [2001] 29–48: 1. Legal Comparativism Challenged 29 / 2. Comparative Legal Cultures versus Comparative Law 34 / 3. Contrasting Fields 40 [a) The Historical Understanding of Socialist Law 42 / b) Convergence of Civil Law and Common Law 44] 4. Concluding Remarks 46 // THEATRUM LEGALE MUNDI: ON LEGAL SYSTEMS CLASSIFIED [2005] 49–75: 1. Preliminaries 49 / 2. Proposals 50 / 3. Impossible Taxonomy, or the Moment of Practicality in Legal Mapping 69 / 4. Diversity as a Fundamental Quality of Human Existence 74 // LEGAL TRADITIONS? IN SEARCH FOR FAMILIES AND CULTURES IN LAW [2004] 77–97: 1. Comparative Law and the Comparative Study of Legal Traditions 78 / 2. ‘System’, ‘Family’, ‘Culture’, and ‘Tradition’ in the Classification of Law 80 / 3. Different Traditions, Differing Ways of Thinking 85 / 4. Different Expectations, Differings Institutionalisations in Law 88 / 5. Different “Rationalities”, Differing “Logics” 92 / 6. Mentality in Foundation of the Law 94 / 7. Defining a Subject for Theoretical Research in Law 96 // SOMETHING NEW, SOMETHING OLD IN THE EUROPEAN IDENTITY OF LAW? [1995] 99–102 --- FIELD STUDIES -- MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW: DEVELOPMENTS AND EXPERIENCE OF POSTMODERNITY IN CANADA [2002] 105–130: I. Canadian Law in General 105 / II. Canadian Legal Developments in Particular [1. The Transformation of the Role of Precedents 112 / 2. The Transformation of Law-application into a Collective, Multicultural and Multifactorial Search for a Solution 116 / 3. Practical Trends of Dissolving the Law’s Positivity 120 / 4. New Prerogatives Acquired by Courts 125 {a) Unfolding the Statutory Provisons in Principles 126 / b) Constitutionalisation of Issues 127 / c) The Supreme Court as the Nation’s Supreme Moral Authority 129}] // MAN ELEVATING HIMSELF? DILEMMAS OF RATIONALITY IN OUR AGE [2000] 131–163: I. Reason and its Adventures 1. Progress and Advance Questioned 131 / 2. The Human Search for Safety Objectified 133 / 3. Knowledge Separated from Wisdom 135 / 4. Pure Intellectuality thereby Born 137 / II. The Will-Element Formalised in Law 5. Mere Voluntas in the Foundation of Legal Positivism 141 / 6. Formalism with Operations Fragmented 145 / III. The State of America Exemplified 7. “Slouching into Gomorrah” 147 / IV. Consequences 8. Utopianism-cum-Voluntarism 154 / 9. With Logic in Posterior Control of Human Formulations Only 159 / V. Perspectives 10. And a Final Resolution Dreamed about 161 // RULE OF LAW? MANIA OF LAW? ON THE BOUNDARY BETWEEN RATIONALITY AND ANARCHY IN AMERICA [2002] 165–180: {Transformation of American Law and Legal Mentality 165 / With Repercussions on the Underlying Ethos 168 / Legislation through Processualisation 170 / With Hyperrationalism Added 172 / Example: Finding Lost Property 172 / Practicalness Veiled by Verbal Magic 173 / Ending in Jurispathy 175 / Transubstantiating the Self-interest of the Legal Profession 178 / Post-modernity, Substituting for Primitiveness 178} // TRANSFERS OF LAW: A CONCEPTUAL ANALYSIS [2003] 181–207: 1. Terms 182 / 2. Technicality 190 / 3. Contrasts in Transfers of Law 200 {Contrasts 200 / Criticisms 202 / Alternatives205} 4. Conclusions 206 // THE DANGERS FOR THE SELF OF BEING SELF-CENTRED: ON STANDARDS AND VALUES [2002] 209–212 --- APPENDIX -- THEORY OF LAW – LEGAL ETHNOGRAPHY, OR THE THEORETICAL FRUITS OF THE INQUIRIES INTO FOLKWAYS [2008] 213–234 1. Encounters 213 / 2. Disciplines 218 / 3. The Lawyerly Interest 223 / 4. Law and/or Laws 226 / 5. Conclusion 233 --- Index of Subjects 235 / Index of Normative Materials 242 / Index 244 . (shrink)

This study aimed to assess the effectiveness of remedial instruction in improving the numeracy skills of Grade 7 students at Malbug National High School during the school year 2023-2024. Adopting a quasi-experimental research design, the research focused on Grade 7 students at Malbug National High School, Cawayan East District, Masbate Province Division, Philippines, identified as non-numerates, employing pre-tests and post-tests as essential research tools. The independent variable was the remedial instruction in numeracy, while the dependent variable was students' numeracy performance (...) measured through pre-tests and post-tests. Before the intervention, the pre-test numeracy performance exhibited a varied distribution of students across different score ranges. A majority fell into the "Needs Major Support" category, emphasizing the necessity for targeted interventions. The post-test results, however, revealed a remarkable improvement, with 87.88% of initially non-numerate students achieving scores in the "Transforming" range. A thorough statistical examination validated a notable disparity in the scores obtained before and after the instructional intervention, substantiating the favorable influence of remedial instruction. The calculated t-value of 19.594, exceeding the critical t-value, led to rejecting the null hypothesis. In conclusion, the study emphasizes the need for tailored interventions based on the initial deficiency in numeracy skills. The post-test results underscored the success of remedial instruction in fostering substantial growth. The study recommends sustaining the remedial program, implementing periodic assessments, providing teacher training, involving parents in students' development, allocating adequate resources, and further research in other schools to strengthen findings. (shrink)

This article offers an interpretation of the intellectual and political origins of modern law in the nineteenth century and its consequences for contemporary legal thought. Social theoretical analyses of law and legal thought tend to emphasize rupture and change. Histories of legal thought tend to draw a picture of strife between different schools of jurisprudence. Such analyses and histories fail to account for the extent to which present legal thought is the continuation of a jurisprudential settlement (...) that occurred in the nineteenth century. That settlement tamed the will of the masses under the influence of authoritative legal thought, conceptions of political morality, and a general sense of social evolution. The principal mechanism of the settlement was a compact between legal rationalism and historicism to which popular will acceded. After a period of polarization around the time of the American and French revolutions, nineteenth century legal rationalism came to see historical events as the outcome of the cunning operation of reason in the world, and legal historicism came to appeal to the rationalizations of legal reason in order to endow historical matter with both conceptual stability and intellectual authority. Popular will bought into both. Modern law and the main schools of legal thought have remained, ever since, bound to this convergence of reason and history in the face of will. Modern law is therefore as much about continuity as it is about rupture; as much about unity as it is about strife. (shrink)

This capstone project aimed to enhance the operational efficiency of school transactions at Mary Perpetua E. Brioso National High School (MPEBNHS) in response to challenges posed by the COVID-19 pandemic. This goal was achieved by developing and implementing the Mobile-Based Selected School Services Application, "iSkulSerb." The development of iSkulSerb followed the systematic approach of Borg and Gall's (1983) Research and Development (R&D) methodology for creating and validating educational products. To ensure the validity and reliability of the application, it underwent rigorous (...) examination by both IT and education experts. Additionally, survey questionnaires were administered during the project's implementation to assess the impact of iSkulSerb's features on school stakeholders. The research findings highlighted positive perceptions and outcomes related to iSkulSerb. Stakeholders demonstrated a favorable acceptance of the application, as evidenced by an overall weighted mean of 4.34. The accessibility of school services saw a substantial improvement, reflected in the weighted mean of 4.37. User-friendliness also received positive feedback, with an overall weighted mean of 4.27. These findings suggest that iSkulSerb effectively addresses the challenges faced by the school, contributing to enhanced operational efficiency and improved stakeholder experiences. Given the demonstrated reliability and efficacy of iSkulSerb, there is a compelling case for its widespread adoption across other public schools within the Schools Division of Masbate Province. The positive reception and success metrics indicate that iSkulSerb can serve as a benchmark for other regional schools. (shrink)

“De jure naturae multa fabulamur” — after 450 years, Luther's statement has lost none of its original validity. After a brief pseudo-renaissance following WWII, one now hears far less in legal theory about natural law, which appears finally to have fallen victim to what Weber early in the century characterized as “a progressive decomposition and relativization of all meta-legal axioms” — a destruction resulting partly “from legal rationalism itself,” and partly “from the skepticism which characterizes modern (...) intellectual life generally.” Law today, wrote Weber, “is all too tangibly (in the great majority of its determinations, and especially in many which are particularly important in terms of principle) revealed to be both the product and the technical medium of a compromise of interests,”. (shrink)

The two purposes of this essay. The general philosophical problem with most versions of social libertarianism and how this essay will proceed. The specific problem with liberty explained by a thought-experiment. The positive and abstract theory of interpersonal liberty-in-itself as ‘the absence of interpersonal initiated constraints on want-satisfaction’, for short ‘no initiated impositions’. The individualistic liberty-maximisation theory solves the problems of clashes, defences, and rectifications without entailing interpersonal utility comparisons or libertarian consequentialism. The practical implications of instantiating liberty: three rules (...) of liberty-in-practice, 1) initial ultimate control of one’s body, 2) initial ultimate control of one’s used resources, 3) consensual interpersonal interactions and resource transfers. These rules are economically efficient and maximise general want-satisfaction. Private property and legal remedies are additional practical institutional aspects, but to which ‘initiated impositions’ then apply prima facie. Libertarian law is often mistaken for complete libertarianism. Moral explanations are a separate issue. The three main moral theories imply libertarianism, but it can be morally posited independently of them. Critical rationalism and its application. No empirical or argumentative support for theories. An important ambiguity with ‘justification’. How the epistemology applies to the theory of liberty and its application but remains separable in principle. Conclusion: there are further published explanations but this should be enough to generate useful criticism. Appendix replying to some typical comments. (shrink)

How do we care well for a human being: ourselves or another? Non-Kantian scholars rarely identify the philosophy of Kant as a particularly useful resource with which to understand the full complexity of human care. Kant’s philosophy is often taken to presuppose that a philosophical analysis of good human life needs to attend only to how autonomous, rational agents—sprung up like mushrooms out of nowhere, without a childhood, never sick, always independent—ought to act respectfully, and how they can be forced (...) to interact rightfully. Questions involving aspects of human life captured by what Eva Kittay aptly phrased “the fact of dependency” (1999) —such as our vulnerable, fragile, and embodied social natures, asymmetrical care relations, and deep systemic injustices—are therefore commonly thought to be beyond the grasp of Kant and of Kantian philosophy. Against this historically prominent understanding of Kant’s practical philosophy, below I engage and draw upon recent Kant scholarship which shows both the inadequacy of such rationalist readings and the fruitfulness of using Kant’s practical philosophy to enhance our understanding of human care relations. After situating my approach in the existing, relevant secondary literature on Kant’s human agent, I explore key features of Kant’s accounts of human nature and the highest good. I pay special attention to his proposal that our human nature comprises reflective and unreflective aspects and patterns that we (ought to) strive to develop, transform, and integrate in wise ways through our faculty of desire. In addition, I emphasize the dangers that our ineradicable propensity to do bad things (evil) poses for our projects of self- and other- care. I proceed by outlining how Kant’s account of moral (ethical and legal) responsibility for self and others is developed through his theories of freedom, that is, through his theory of virtue (virtuous internal freedom with its account of perfect and imperfect duties) and his theory of right (rightful external freedom with its account of innate, private, and public right). On the conception I am advancing, we are pretty messy, fragile, and vulnerable beings whose projects of caring are difficult, ongoing, and complex. On the one hand, we (should) strive to care for ourselves (by striving to manage and heal badly functioning parts and by developing, transforming, and integrating immature or distinct parts of ourselves into good wholes) and for others (assisting them in their projects of management and healing and of developing, transforming, and integrating themselves into good wholes) in ways that are both respectful and attentive to the particular people we are—people with lives of our own to live—and the kinds of relationships we share. On the other hand, we should, and can, be forced to interact rightfully, meaning interaction consistent with one another’s basic (innate, private, and public) rights and, hence, contribute to reform projects that improve our inherited, imperfect legal-political systems with regard to care relations. Bringing Kant’s philosophy into dialogue with care theorists, I conclude, advances the insights of both traditions by showing one way to arrive at a multifaceted, yet unified account of human care relations where our embodied, social as well as our rational natures are given due consideration. (shrink)

"This essay focuses on the third play in the Oresteia trilogy, the Eumenides. Telech provides a compelling reinterpretation of Nietzsche’s reading of Aeschylus's masterpiece, saving the reading from the complaint that it oversimplifies and sentimentalizes the Oresteia by celebrating the triumph of a modern and liberal understanding of law's rationalist virtues over customary and traditional forms. Telech provides an alternative Nietzschean reading that is consistent with Nietzsche's own, that reintroduces passion and irrationality into the trial and sentencing of Orestes, refrains (...) from romanticizing law, and along the way makes a case for institutionalizing a role for mercy in contemporary legal processes." (OUP abstract). (shrink)

Commentators of the judicial decisions of Justice Holmes have often situated the decisions inside the doctrines of freedom of expression and the rules and tests approach to legal analysis. This Paper situates his judgments in the context of a political theory. Drawing from his articles, lectures and correspondence, the Paper highlights Holmes’ reaction to the idealism and rationalism of the intellectual current before him. His view of human nature, conditioned by his war experience, is elaborated. The Paper especially (...) examines his theory of political struggle with the process-oriented view that the dominant social groups invariably become the political elite. The Paper then connects his theory of human nature to his legal doctrines, the role of the judiciary, the nature of the state, and a legal right. (shrink)

Muslim philosophers had been preoccupied with the question of interpretation since the Islamic Philosophy was first developed by its founder Al Kindi till its interpretative maturity by Ibn Rushd who represents the maturity of rationalism in Islamic Arab philosophy. Rational option was the most suitable for Arab Muslim civilization as it expresses the vitality of civilization and its ability to interact with other contemporary civilizations and trends. Islamic philosophy interpretation themes are various as they adopted the following terms: -/- (...) 1. Interpreting the approval of the Greek philosophy in Muslim culture. -/- 2. Interpreting the relationship between religion and philosophy. -/- 3. Interpreting the relationship between Mind and Mind ( Plato and Aristotle ) -/- 4. Interpreting the relationship between nature and Metaphysics. -/- The goals of interpretation for Muslim philosophers are different as Al Kind pointed that they are oriented towards the Greek philosophy in general and towards religion and philosophy in particular while Al Farabi pointed that they are oriented towards the Greek philosophy in general and towards Plato and Aristotle. Ibn Rushd opposed Al Ghazali ,the interpretation was focused on Aristotle's texts. He presented a legal verdict in working in philosophy. My Article will illustrate and construct such opinions which I think they deserve consideration and analysis. (shrink)

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the (...) content itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does not (...) suffice for legal proof. I then introduce and motivate a knowledge-centred explanation of this fact. The knowledge-centred explanation rests on two premises. The first is that legal proof requires knowledge of culpability. The second is that one cannot attain knowledge that p from bare statistical evidence that p. To motivate the second premise, I suggest that beliefs based on bare statistical evidence fail to be safe—they could easily be wrong—and bare statistical evidence cannot eliminate relevant alternatives. -/- I then cast doubt on the first premise; I argue that legal proof does not require knowledge. I thereby dispute the knowledge-centred explanation of the inadequacy of bare statistical evidence for legal proof. Instead of appealing to the nature of knowledge, I suggest we should seek a more direct explanation by appealing to those more foundational epistemic properties, such as safety or eliminating relevant alternatives. (shrink)

Metaphysical rationalism, the doctrine which affirms the Principle of Sufficient Reason (the PSR), is out of favor today. The best argument against it is that it appears to lead to necessitarianism, the claim that all truths are necessarily true. Whatever the intuitive appeal of the PSR, the intuitive appeal of the claim that things could have been otherwise is greater. This problem did not go unnoticed by the great metaphysical rationalists Spinoza and Leibniz. Spinoza’s response was to embrace necessitarianism. (...) Leibniz’s response was to argue that, despite appearances, rationalism does not lead to necessitarianism. This paper examines the debate between these two rationalists and concludes that Leibniz has persuasive grounds for his opinion. This has significant implications both for the plausibility of the PSR and for our understanding of modality. (shrink)

I draw on neurobiological evidence to defend the rationalist thesis that moral judgments are essentially dependent on reasoning, not emotions (conceived as distinct from inference). The neuroscience reveals that moral cognition arises from domain-general capacities in the brain for inferring, in particular, the consequences of an agent’s action, the agent’s intent, and the rules or norms relevant to the context. Although these capacities entangle inference and affect, blurring the reason/emotion dichotomy doesn’t preferentially support sentimentalism. The argument requires careful consideration of (...) the empirical evidence (from neuroimaging to psychopathology) and philosophical analysis of the commitments of rationalism versus sentimentalism in ethics. (shrink)

Debunking arguments typically attempt to show that a set of beliefs or other intensional mental states bear no appropriate explanatory connection to the facts they purport to be about. That is, a debunking argument will attempt to show that beliefs about p are not held because of the facts about p. Such beliefs, if true, would then only be accidentally so. Thus, their causal origins constitute an undermining defeater. Debunking arguments arise in various philosophical domains, targeting beliefs about morality, the (...) existence of God, logic, and others. They have also arisen in material-object metaphysics, often aimed at debunking common-sense ontology. And while most of these arguments feature appeals to ‘biological and cultural contingencies’ that are ostensibly responsible for our beliefs about which kinds of objects exist, few of them take a serious look at what those contingencies might actually be. The purpose of this paper is twofold. First, to remedy this by providing empirical substantiation for a key premise in these debunking arguments by examining data from cognitive science, evolutionary biology, and developmental psychology that support a ‘debunking explanation’ of our common-sense beliefs and intuitions about which objects exist. Second, to argue that such data also undermines a particular kind of rationalist defense of common-sense ontology, sometimes employed as a response to the debunking threat. (shrink)

Material from this paper appears in Chap. 7 of my book Reason and Being, but there is also stuff here that isn't in the book. In particular, it discusses the claims that, for Spinoza, conceiving implies explaining and that existence is identical to or reducible to conceivability. So, if you're interested in those issues, this paper might be worth a read.

It is commonly held that our intuitive judgements about imaginary problem cases are justified a priori, if and when they are justified at all. In this paper I defend this view — ‘rationalism’ — against a recent objection by Timothy Williamson. I argue that his objection fails on multiple grounds, but the reasons why it fails are instructive. Williamson argues from a claim about the semantics of intuitive judgements, to a claim about their psychological underpinnings, to the denial of (...) rationalism. I argue that the psychological claim — that a capacity for mental simulation explains our intuitive judgements — does not, even if true, provide reasons to reject rationalism. (More generally, a simulation hypothesis, about any category of judgements, is very limited in its epistemological implications: it is pitched at a level of explanation that is insensitive to central epistemic distinctions.) I also argue that Williamson’s semantic claim — that intuitive judgements are judgements of counterfactuals — is mistaken; rather, I propose, they are a certain kind of metaphysical possibility judgement. Several other competing proposals are also examined and criticized. (shrink)

The aim of this paper is to consider whether critical rationalism has any ideas which could usefully be applied to the internet. Today we tend to take the internet for granted and it is easy to forget that it was only about two decades ago that it began to be used to any significant extent. Accordingly in section 1 of the paper, there is a brief consideration of the history of the internet. At first sight this makes it looks (...) implausible that any of Popper’s ideas could be applicable to the internet, since Popper died before the internet came into general use. However, section 2 argues that Popper’s theory of World 3 does apply very well to the internet. This application is significant because, as shown in section 3, it leads to the problem of misinformation, which is one of the most significant problems generated by the internet. In section 4 there is an attempt to solve this problem using ideas taken from Popper’s epistemology. It is argued that there should be changes in education designed to prepare students for the internet age. Teaching in the internet age should focus on presenting to the students not just the accepted theories but also the evidence on which they are based. An illustration of how this might be done is given by considering an example from science teaching, namely the teaching of Newtonian mechanics in the last years of school or first years of university. (shrink)

‘Post-truth’ has become a buzzword for numerous current crises: the fragmentation of the media landscape, the ongoing debate about ‘fake news’, the loss of trust in science, etc. Although these crises take place in society, it is claimed that the roots of post-truth can be traced back to the history of philosophy. Occasionally, it is asserted that Karl Popper’s critical rationalism gave rise to post-truth: His rejection of verificationism has limited truth claims in the realm of science. Given the (...) absence of infallible evidence and certainty, critical rationalism calls for challenging scientific authority. I argue that post-truth is compatible with critical rationalism from an epistemological point of view, considering that both positions are critical of certainty. However, in critical rationalism, fallibilism, responsibility, and the idea of criticism are combined, and in this respect, it offers a possible way to overcome the problems that are associated with post-truth. This treatment of the problems of post-truth results from the recognition of moral responsibility to take action on the basis of a hypothesis that remains open to revision. (shrink)

Moral Rationalism is the view that if an act is morally required then it is what there is most reason to do. It is often assumed that the truth of Moral Rationalism is dependent on some version of The Overridingness Thesis, the view that moral reasons override nonmoral reasons. However, as Douglas Portmore has pointed out, the two can come apart; we can accept Moral Rationalism without accepting any version of The Overridingness Thesis. Nevertheless, The Overridingness Thesis (...) serves as one of two possible explanations for Moral Rationalism. In this paper I will investigate which of these two explanations a moral rationalist should accept. I will argue that when we properly attend to the form of Moral Rationalism supported by the intuitions that motivate the view, we are left with no reason to accept The Overridingness Thesis. (shrink)

This chapter introduces the rationalist model of delusions. It begins by presenting John Campbell’s seminal proposal that delusions are caused top-down by pathological Wittgensteinian framework or hinge beliefs. After presenting Campbell’s rationalist account of delusions, the chapter raises and examines prominent objections by Tim Bayne & Elisabeth Pacherie as well as by Tim Thornton. The former make an important distinction between the aetiological top-down cognitive part and the epistemological rationalist framework part of Campbell’s account. The thesis that delusions are caused (...) top-down by pathological beliefs is not equivalent to the thesis that delusions are Wittgensteinian framework certainties. This chapter endorses this distinction. While the arguments against the top-down aspect are found to be more convincing – which motivates popular two-factor theories – the rationalist framework model of delusions is defended as an epistemologically promising account of delusion. Finally, this chapter examines a range of developments that have been made taking Campbell’s rationalism as a starting point. Most prominently the section examines Eilan’s early development of rationalism and Rhodes and Gipps’ proposal that delusions are not framework propositions but a product of their absence. (shrink)

Thirty years after the rise of the evidence-based medicine (EBM) movement, formal training in philosophy remains poorly represented among medical students and their educators. In this paper, I argue that EBM’s reception in this context has resulted in a privileging of empiricism over rationalism in clinical reasoning with unintended consequences for medical practice. After a limited review of the history of medical epistemology, I argue that a solution to this problem can be found in the method of the 2nd-century (...) Roman physician Galen, who brought empiricism and rationalism together in a synthesis anticipating the scientific method. Next, I review several of the problems that have been identified as resulting from a staunch commitment to empiricism in medical practice. Finally, I conclude that greater epistemological awareness in the medical community would precipitate a Galenic shift toward a more epistemically balanced, scientific approach to clinical research. (shrink)

The article argues against attempts to combine ontological realism about modality with the rejection of modal rationalism and it suggests that modal realism requires modal rationalism. /// El artículo da argumentos en contra de que se intente combinar el realismo ontológico sobre la modalidad con el rechazo del racionalismo modal y sugiere que el realismo modal exige racionalismo modal.

I discuss the peculiar optimism present in an influential strand of analytic philosophy, and compare it with the more morose philosophical anthropology one might naturally pick up from other fields.

This paper is about three of the most prominent debates in modern epistemology. The conclusion is that three prima facie appealing positions in these debates cannot be held simultaneously. The first debate is scepticism vs anti-scepticism. My conclusions apply to most kinds of debates between sceptics and their opponents, but I will focus on the inductive sceptic, who claims we cannot come to know what will happen in the future by induction. This is a fairly weak kind of scepticism, and (...) I suspect many philosophers who are generally anti-sceptical are attracted by this kind of scepticism. Still, even this kind of scepticism is quite unintuitive. I’m pretty sure I know (1) on the basis of induction. (1) It will snow in Ithaca next winter. Although I am taking a very strong version of anti-scepticism to be intuitively true here, the points I make will generalise to most other versions of scepticism. (Focussing on the inductive sceptic avoids some potential complications that I will note as they arise.) The second debate is a version of rationalism vs empiricism. The kind of rationalist I have in mind accepts that some deeply contingent propositions can be known a priori, and the empiricist I have in mind denies this. Kripke showed that there are contingent propositions that can be known a priori. One example is Water is the watery stuff of our acquaintance. (‘Watery’ is David Chalmers’s nice term for the properties of water by which folk identify it.) All the examples Kripke gave are of propositions that are, to use Gareth Evans’s term, deeply necessary (Evans, 1979). It is a matter of controversy presently just how to analyse Evans’s concepts of deep necessity and contingency, but most of the controversies are over details that are not important right here. I’ll simply adopt Stephen Yablo’s recent suggestion: a proposition is deeply contingent if it could have turned out to be true, and could have turned out to be false (Yablo, 2002)1. Kripke did not provide examples of any deeply contingent propositions knowable a priori, though nothing he showed rules out their existence.. (shrink)

Philosophers debate about which logical system, if any, is the One True Logic. This involves a disagreement concerning the sufficient conditions that may single out the correct logic among various candidates. This paper discusses whether there are necessary conditions for the correct logic; that is, I discuss whether there are features such that if a logic is correct, then it has those features, although having them might not be sufficient to single out the correct logic. Traditional rationalist arguments suggest that (...) the necessary conditions of thought are necessary and sufficient conditions singling out the correct logical and mathematical theories. In the contemporary debate, Chalmers advocates a view along this line. Jago, analogously, suggests that the necessary conditions for thought—or, as he calls them, our basic epistemic expectations—single out a family of logical and mathematical theories. Warren and Williamson, on the other hand, argue that there are no necessary conditions of thought. I argue that there are necessary conditions for thought, and these are necessary but not sufficient conditions to be the correct logic; indeed, these are features that all logics—correct or incorrect—share. No view we can understand is ruled out by the necessary conditions for thought, but we cannot understand quite any view. Human linguistic and conceptual abilities are genetically constrained, and these constraints are our best guide to the boundaries of logic. Arguing for this, I tackle two dogmas of modern rationalism: namely, the view that the biological constraints of human cognition have no bearing on the boundaries of the epistemic space, and the view that the boundaries of thought coincide with the boundaries of language. (shrink)

I present a case for a rapprochement between aspects of rationalism and scientific realism, by way of a general framework employing modal epistemology and elements of 2-dimensional semantics (2DS). My overall argument strategy is meta-inductive: The bulk of this paper establishes a “base case,” i.e., a concretely constructive example by which I demonstrate this linkage. The base case or constructive example acts as the exemplar for generating, in a constructively ‘bottom-up’ fashion, a more generally rigorous case for rationalism-realism (...) qua modal epistemology. The exemple I choose in D. Chalmers’ (2002) modal rationalism and R. Giere’s (1985, 1988) constructive realism. I show by way of a thorough analysis how Giere’s claims concerning modal scope are characterized as instances of Chalmers’ modal rationalism, both weak and strong. In essence, as I demonstrate via Chalmers’ notions, ceteris paribus the constructive realist ultimately opts for a comparatively wider gate, characterized by modal reasoning, to lead from the rooms of conceivability qua thought experiments and models, to the pastures of metaphysical possibility. Chalmers likewise tries to erect such a wider gate, in his general conceivability-possibility theses. Anti-realists, on the other hand, see a narrower passage and my contention herein is that they suffer from modal myopia, which hopefully the ‘corrective vision’ of Chalmers’ modal rationalism can restore. In the introduction and concluding sections I sketch out suggestions of constructing ‘inductive steps’ from my base case, to generate more extensively general claims regarding realism qua rationalism. -/- . (shrink)

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...) standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

An annotated bibliography of legal epistemology.

The objection from the insolvability of principle-based modal disagreements appears to support the claim that there are no objective modal facts, or at the very least modal facts cannot be accounted for by modal rationalist theories. An idea that resurfaced fairly recently in the literature is that the use of ordinary empirical statements presupposes some prior grasp of modal notions. If this is correct, then the idea that we may have a total agreement concerning empirical facts and disagree on modal (...) facts, which is the starting point of the objection from the insolvability of modal disagreement, is undercut. This paper examines the no-separation thesis and shows that some of the arguments against the classical (empiricist) distinction between empirical and modal statements fail to be conclusive if they are taken to defend a strong notion of metaphysical possibility. The no-separation thesis appears to work only in theoretical frameworks where metaphysical modalities are considered (broadly) conceptual. For these reasons, the no-separation thesis cannot save modal rationalism from the insolvability of modal disagreement. (shrink)

Rationalism, my target, says that in order to have perceptual knowledge, such as that your hand is making a fist, you must “antecedently” (or “independently”) know that skeptical scenarios don’t obtain, such as the skeptical scenario that you are in the Matrix. I motivate the specific form of Rationalism shared by, among others, White (Philos Stud 131:525–557, 2006) and Wright (Proc Aristot Soc Suppl Vol 78:167–212, 2004), which credits us with warrant to believe (or “accept”, in Wright’s terms) (...) that our senses are reliably veridical, where that warrant is one we enjoy by default, that is, without relying on any evidence or engaging in any positive argument. The problem with this form of Rationalism is that, even if you have default knowledge that your senses are reliable, this is not adequate to rule out every kind of skeptical scenario. The problem is created by one-off skeptical scenarios, scenarios that involve a highly reliable perceiver who, by a pure fluke, has a one-off, non-veridical experience. I claim you cannot infer that your present perceptual experience is veridical just on the basis of knowledge of your general reliability. More generally, if you infer that the present F is G, just on the basis of your knowledge that most Fs are Gs, this is what I call statistical inference, and, as I argue, statistical inference by itself does not generate knowledge. I defend this view of statistical inference against objections, including the objection that radical skepticism about our ordinary inductive knowledge will follow unless statistical inference generates knowledge. (shrink)

In this chapter, it is suggested that our epistemic access to metaphysical modality generally involves rationalist, a priori elements. However, these a priori elements are much more subtle than ‘traditional’ modal rationalism assumes. In fact, some might even question the ‘apriority’ of these elements, but I should stress that I consider a priori and a posteriori elements especially in our modal inquiry to be so deeply intertwined that it is not easy to tell them apart. Supposed metaphysically necessary identity (...) statements involving natural kind terms are a good example: the fact that empirical input is crucial in establishing their necessity has clouded the role and content of the a priori input, as I have previously argued. For instance, the supposed metaphysically necessary identity statement involving water and its microstructure can only be established with the help of a controversial a priori principle concerning the determination of chemical properties by microstructure. The Kripke-Putnam framework of modal epistemology fails precisely because it is unclear whether the required a priori element is present. My positive proposal builds on E. J. Lowe’s work. Lowe holds that our knowledge of metaphysical modality is based on our knowledge of essence. Lowe’s account strives to offer a uniform picture of modal epistemology: essence is the basis of all our modal knowledge. This is the basis of Lowe’s modal rationalism. I believe that Lowe’s proposal is on the right lines in the case of abstract objects, but I doubt that it can be successfully applied to the case of natural kinds. Accordingly, the case of natural kinds will be my main focus and I will suggest that modal rationalism, at least as it is traditionally understood, falls short of explaining modal knowledge concerning natural kinds. Yet, I think that Lowe has identified something of crucial importance for modal epistemology, namely the essentialist, a priori elements present in our modal inquiry. The upshot is that rather than moving all the way from modal rationalism to modal empiricism, a type of hybrid approach, ‘empirically-informed modal rationalism ’, can be developed. (shrink)

This paper traces the ancestry of a familiar historiographical narrative, according to which early modern philosophy was marked by the development of empiricism, rationalism, and their synthesis by Immanuel Kant. It is often claimed that this narrative became standard in the nineteenth century, due to the influence of Thomas Reid, Kant and his disciples, or German Hegelians and British Idealists. The paper argues that the narrative became standard only at the turn of the twentieth century. This was not due (...) to the influence of Reid, German Hegelians, or British Idealists as they did not endorse the narrative, although Thomas Hill Green may have facilitated its uptake. The narrative is based on Kant’s historiographical sketches, as corrected and integrated by Karl Leonhard Reinhold. It was first fleshed out into full-fledged histories by two Kantians, Wilhelm Gottlieb Tennemann and Johann Gottlieb Buhle. Numerous historians, several of whom were not Kantians, spread it in the English-speaking world. They include Kuno Fischer, Friedrich Ueberweg, Richard Falckenberg, and Wilhelm Windelband. However, the wide availability of their works did not suffice to make the narrative standard because, until the 1890s, the Hegelian account was at least as popular as theirs. Among the factors that allowed the narrative to become standard are its aptness to be adopted by philosophers of the most diverse persuasions, its simplicity and suitability for teaching. (shrink)

CLE aims and clients’ needs conflict where students’ interests are put beyond clients’ needs. Students have interests in gaining employment, impressing instructors and supervisors, and experiencing the active application of law. Where the clients’ service-needs are subordinated to students’ interests, the relationship between the two—the ‘tension’—is tilted in a manner in which the clients are disserved through the fulfilment of students’ interests. This may be exacerbated by faulty institutional cultures where clinical faculty are treated differently, or as less accomplished or (...) ‘worthwhile’ than their ‘traditional’ counterparts. This also emphasizes that it is the clinical law faculty who may exacerbate or assuage the tension, as it is for clinical faculty to assure that clients’ needs are met on ethical grounds,20 and to equate the practice of law with excellence before students. (shrink)

The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA (...) and elsewhere, it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this essay, it will be assumed that future artificial entities, such as Sophia the Robot, will be granted citizenship on an international scale. With this assumption, an analysis of rights will be made with respect to the needs of a non-biological intelligence possessing legal and civic duties akin to those possessed by humanity today. This essay does not present a full set of rights for artificial intelligence—instead, it aims to provide international jurisprudence evidence aliunde ab extra de lege lata for any future measures made to protect non-biological intelligence. (shrink)

The paper begins with a clarification of the notions of intuition (and, in particular, modal intuition), modal error, conceivability, metaphysical possibility, and epistemic possibility. It is argued that two-dimensionalism is the wrong framework for modal epistemology and that a certain nonreductionist approach to the theory of concepts and propositions is required instead. Finally, there is an examination of moderate rationalism’s impact on modal arguments in the philosophy of mind -- for example, Yablo’s disembodiment argument and Chalmers’s zombie argument. A (...) less vulnerable style of modal argument is defended, which nevertheless wins the same anti-materialist conclusions sought by these other arguments. (shrink)

Several scholars have criticized the histories of early modern philosophy based on the dichotomy of empiricism and rationalism. They view them as overestimating the importance of epistemological issues for early modern philosophers (epistemological bias), portraying Kant's Critical philosophy as a superior alternative to empiricism and rationalism (Kantian bias), and forcing most or all early modern thinkers prior to Kant into the empiricist or rationalist camps (classificatory bias). Kant is often said to be the source of the three biases. (...) Against this criticism, this paper argues that Kant did not have the three biases. However, he promoted a way of writing histories of philosophy from which those biases would naturally flow. (shrink)

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are (...) multiple sources of incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

I propose a new formalist account of legal (/proximate) causation – one that holds legal causation to be a matter of amoral, descriptive fact. The account starts with a metaphysical relation, akin to but distinct from common-sense causation, and it argues that legal causation aligns exactly with that relation; it is unified and principled.

IN THIS PAPER, I make a presumptive case for moral rationalism: the view that agents can be morally required to do only what they have decisive reason to do, all things considered. And I argue that this view leads us to reject all traditional versions of act‐consequentialism. I begin by explaining how moral rationalism leads us to reject utilitarianism.

This paper takes up an important epistemological challenge to the naturalistic moral realist: that her metaphysical commitments are difficult to square with a plausible rationalist view about the epistemology of morality. The paper begins by clarifying and generalizing this challenge. It then illustrates how the generalized challenge can be answered by a form of naturalistic moral realism that I dub joint-carving moral realism. Both my framing of this challenge and my answer advertise the methodological significance of non-fundamental epistemological theorizing, which (...) defends and deploys epistemological claims without adverting to the most fundamental epistemological facts. (shrink)

This paper sheds light on Kant’s notion of autonomy in his moral philosophy by considering Kant’s critique of the rationalist theories of morality that Kant discussed in his lectures on practical philosophy from the 1760s to the time of the Groundwork. The paper first explains Kant’s taxonomy of moral theories and his perspective on the history of ethics. Second, it considers Kant's arguments against the two main variants of ‘rationalism’ as he construes it, that is, perfectionism and theological voluntarism, (...) pointing out the similarities to previous criticisms. Third, the paper argues that Kant’s discussion of the 'rationalist' views does not amount to an unqualified dismissal, but to an attempt at working out a novel rationalist position. Kant’s criticisms of rationalist views suggest that his project emerges from the failures of previous rationalism, with the aim to work out a rationalist view that can account for moral obligation by integrating insights from the theological conception. The combination of perfectionism and theological views yields the basic outline of the idea of autonomy, consisting in the lawgiving function of a rational will as a key to the legislation of a necessary law. (shrink)

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

It used to be thought that rational coherence and metaphysical possibility went hand in hand. Kripke and Putnam put a spanner in the works by proposing examples of propositions which seem to violate this principle. I will propose a nuanced form of modal rationalism consistent with the Kripke/putnam cases. The rough idea is that rational coherence entails possibility when you grasp the essential nature of what you’re conceiving of.

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, (...) two competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)

Rationalist accounts of the development of folk-psychology maintain that the acquisition of this capacity is aided by special-purpose mechanisms rich in innate structure. Rationalists have typically maintained that false-belief understanding (FBU) emerges very early on, before the age of two. To explain why young children nonetheless fail the false-belief task, rationalists have suggested that they may have troubles expressing their FBU. Here I do two things. First, I argue that extant proposals about what might prevent children from expressing their FBU (...) cannot explain some of the relevant data. Second, I put forward a new rationalist proposal, the processing-time account, according to which young children fail because they cannot carry out all the required processing in the time available. I argue that the processing-time account overcomes the challenges extant rationalist accounts face while being compatible with the evidence in their support, thereby providing a compelling explanation of the development of FBU. (shrink)

Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions based (...) on purely statistical evidence, and speculates that our aversion to such convictions may be nothing more than an irrational bias. More recently, Hedden and Colyvan (2019, section VI) describe our reluctance to convict on the basis of purely statistical evidence as an ‘intuition’, but suggest that there may be no ‘in principle’ problem with such convictions (see also Papineau, forthcoming, section 6). In this paper, I argue that there is, in some cases, an in principle problem with a conviction based upon statistical evidence alone – namely, it commits us to a precedent which, if consistently followed through, could lead to the deliberate conviction of an innocent person. I conclude with some reflections on the idea that the criminal justice system should strive to maximise the accuracy of its verdicts – and the related idea that we should each strive to maximise the accuracy of our beliefs. (shrink)

Thomas Mann's "Death in Venice" is a profound fable, delivering a poignant moral lesson: suppressing one's desires can lead to distortion and an unhealthy, obsessive attachment. This, in turn, may trigger frantic and perverse attempts to obtain the initial object of desire. Aschenbach's inability to confront and satisfy his sexual urges ultimately becomes his undoing. This moral framework enables me to delve deeper into Aschenbach's actions, shedding light on the underlying animal instincts that drive his inner struggle. As a character, (...) Aschenbach embodies the archetype of the rational individual who endeavors to govern his primal, carnal urges. However, when his intellectual defenses crumble in the face of his raw desires, the battle between restraint and longing escalates into a whirlwind of uncontrollable actions. These actions catch Aschenbach off guard, and he never anticipated falling victim to them, nor did he mistrust his ability to control them. Paradoxically, he regains a semblance of control through his commitment to literary honor and morality. (shrink)