In the growing Prussian university system of the early nineteenth century, "Wissenschaft" (science) was seen as an endeavor common to university faculties, characterized by a rigorous methodology. On this view, history and jurisprudence are sciences, as much as is physics. Nineteenth century trends challenged this view: the increasing influence of materialist and positivist philosophies, profound changes in the relationships between university faculties, and the defense of Kant's classification of the sciences by neo-Kantians. Wilhelm Dilthey's defense of the independence (...) of the methodology of the human sciences (Geisteswissenschaften) from those of the natural sciences (Naturwissenschaften) is as much a return to the ideal of Wissenschaft as a cooperative endeavor as it is a defense of the autonomy of interpretive or hermeneutic methods. The debate between Dilthey and the neo-Kantian Wilhelm Windelband at the close of the century illuminates the development of this dialogue over the nineteenth century. (shrink)

Almost twenty years ago, a genuinely new school of thought emerged in the field of jurisprudential methodology. It is a pragmatist school. Roughly, the pragmatists contend that, when inquiring about the nature of law, we should evaluate potential answers based on practical criteria. For many legal philosophers, this contention seems both unclear and unhinged. That appearance is lamentable. The pragmatist approach to jurisprudential methodology has received insufficient attention for at least two reasons. First, the pragmatists do not conceive (...) of themselves as comprising a school; in fact, these proponents have different names for their common position, which makes it hard to see the commonalities. Second, the most famous statement of the pragmatist view has received withering criticism, criticism that has not been sufficiently answered, a fact that may lead opponents of pragmatism, as well as potential supporters, to doubt that a viable view of this kind can be held. This Essay aims to serve as a corrective. (shrink)

Brian Z. Tamanaha has written extensively on realism in jurisprudence, but in his Realistic Theory of Law (2018), he uses "realism" in a commonplace way to ground a rough outline of legal history. While he refers to his method as genealogical, he does not acknowledge the complex tensions in the development of the philosophical use of that term from Nietzsche to Foucault, and the complex epistemological issues that separate them. While the book makes many interesting points, the methodological concerns (...) outweigh them in the overall assessment of the value of the work. (shrink)

The debate on the argumentative turn in Public Policy and Administration (PPA), as reflective of the influence of politico-legal theory on the discipline, is reviewed with a thorough and indepth engagement with the Argumentation Theory (AT) literature. The focus in this article is in fact of a methodological nature since we argue that critical scholars - who have contributed to the general and specialized (i.e. political discourse analysis and critical contextualism) literature of AT as well as politico-legal theory - pave (...) the way to a novel methodology which will be exemplified through the analysis of the transparency concept. (shrink)

It is possible and thereby feasible to develop and implement a pragmatic methodology for a preemptive evidentiary system of ‘Paraphysical Jurisprudence’ for mediating the occurrence of massacres. A required comprehensive completion and formalizing of the tools of epistemology (theory of knowledge) already exists and has been tested both ecumenically and scientifically. The evolution of epistemology has followed the historical progression from myth and superstition to logic and reason to empiricism and now finally to the utility of ‘transcendence’ as (...) a tool in knowledge acquisition. An inspiring example from popular culture is illustrated in the 2002 Hollywood film noir “Minority Report” designed by its director to present a ‘plausible future world’ for the year 2054 wherein an elaborate ‘Precrime Unit’ is tested to prevent murder by utilizing a trio of ‘precogs’ bathed in a ‘photonic milk’ able to presciently predetermine impending occurrences of homicide for which the Precrime Police Unit then intervenes to prevent. Disdain for a putative so-called scientific metaphysics by natural philosophers is deeply rooted in modern pragmatic societies; perhaps rightly so as consistency, credibility and lack of a comprehensive theory has been heretofore emphatically lacking. In addition to the major problem of repeatability is the perceived distinction between domains of the physical and so-called ‘spiritual’ as mutually exclusive. In this work a strong case is made for the rigorous viability and near term putative implementation of a system of paraphysical jurisprudence drawing on the utility of a panoply of concepts. The remaining question is when does feasible become practical in the face of a steady increase in the heinous massacre of innocents? (shrink)

In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will then analyse the (...) arguments made by both academic experts and pundits who agree with Google’s claim that if the first sentence had been left unchallenged, it would have opened the floodgates to several other jurisdictions that would as a consequence have used it as a pretext to increase control on the internet, jeopardising in such a way free speech, which has been seen so far as an inalienable right which should not be censored. Finally, by going beyond the sentences and their immediate contexts, we will propose a theoretical justification of our analysis. Our main claim is that the value of the right to privacy is based on the argument that its violation would undermine citizens’ capacity to participate effectively in democratic politics. (shrink)

We argue that legal argumentation, as the subject matter as well as a special subfield of Argumentation Studies (AS), has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices (particularly regarding the place of normative deliberation in practical reasoning) and then illustrate the implications of such an approach through the (...) analysis of a case study in the English law of evidence. We argue that a clear distinction must be drawn between practical argumentation and stories. Because of the institutional separation between legal judgment and fact-finding in common-law jury trials, we argue for the combination of argument and story-based analysis. (shrink)

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

Judaic Logic is an original inquiry into the forms of thought determining Jewish law and belief, from the impartial perspective of a logician. Judaic Logic attempts to honestly estimate the extent to which the logic employed within Judaism fits into the general norms, and whether it has any contributions to make to them. The author ranges far and wide in Jewish lore, finding clear evidence of both inductive and deductive reasoning in the Torah and other books of the Bible, and (...) analyzing the methodology of the Talmud and other Rabbinic literature by means of formal tools which make possible its objective evaluation with reference to scientific logic. The result is a highly innovative work – incisive and open, free of clichés or manipulation. Judaic Logic succeeds in translating vague and confusing interpretative principles and examples into formulas with the clarity and precision of Aristotelean syllogism. Among the positive outcomes, for logic in general, are a thorough listing, analysis and validation of the various forms of a-fortiori argument, as well as a clarification of dialectic logic. However, on the negative side, this demystification of Talmudic/Rabbinic modes of thought (hermeneutic and heuristic) reveals most of them to be, contrary to the boasts of orthodox commentators, far from deductive and certain. They are often, legitimately enough, inductive. But they are also often unnatural and arbitrary constructs, supported by unverifiable claims and fallacious techniques. Many other thought-processes, used but not noticed or discussed by the Rabbis, are identified in this treatise, and subjected to logical review. Various more or less explicit Rabbinic doctrines, which have logical significance, are also examined in it. In particular, this work includes a formal study of the ethical logic (deontology) found in Jewish law, to elicit both its universal aspects and its peculiarities. With regard to Biblical studies, one notable finding is an explicit formulation (which, however, the Rabbis failed to take note of and stress) of the principles of adduction in the Torah, written long before the acknowledgement of these principles in Western philosophy and their assimilation in a developed theory of knowledge. Another surprise is that, in contrast to Midrashic claims, the Tanakh (Jewish Bible) contains a lot more than ten instances of qal vachomer (a-fortiori) reasoning. In sum, Judaic Logic elucidates and evaluates the epistemological assumptions which have generated the Halakhah (Jewish religious jurisprudence) and allied doctrines. Traditional justifications, or rationalizations, concerning Judaic law and belief, are carefully dissected and weighed at the level of logical process and structure, without concern for content. This foundational approach, devoid of any critical or supportive bias, clears the way for a timely reassessment of orthodox Judaism (and incidentally, other religious systems, by means of analogies or contrasts). Judaic Logic ought, therefore, to be read by all Halakhists, as well as Bible and Talmud scholars and students; and also by everyone interested in the theory, practise and history of logic. (shrink)

Is the institutionalization of religious freedom through human rights jurisprudence simply a means by which the modern nation-state manufactures and regulates “religion”? Is the discourse of religious freedom principally a technology of state governance? These questions challenge the ways that scholars conceptualize the relation between states, nationalism, human rights, and religious freedom. This article forwards an approach to human rights and methodological nationalism that both counters and explores alternatives to the prevailing conceptions of human rights, nationalism, and state sovereignty (...) in the discourse on the putative impossibility—and, by some accounts, insidiousness—of religious freedom. I first explicate the interpretive and contestatory dimensions of human rights discourse concerning religious freedom. I then explore cross-cutting ambivalences within the nationalisms that states need and cultivate in effort to transmute their monopoly upon coercive force (i.e. power) into legitimated authority. I argue that these provide two dimensions in and through which state sovereignty may be opposed, criticized, held accountable, and subject to change. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

This essay introduces the philosophy of legal information (PLI), which is a response to the radical changes brought about in philosophy by the information revolution. It reviews in some detail the work of Luciano Floridi, who is an influential advocate for an information turn in philosophy that he calls the philosophy of information (PI). Floridi proposes that philosophers investigate the conceptual nature of information as it currently exists across multiple disciplines. He shows how a focus on the informational nature of (...) traditional philosophical questions can be transformative for philosophy and for human self-understanding. The philosophy of legal information (PLI) proposed here views laws as a body of information that is stored, manipulated, and analyzed through multiple methods, including the computational methodologies. PLI offers resources for evaluating the ethical and political implications of legal infomatics (also known as "legal information systems"). -/- This essay introduces PLI. Parts I and II describe Floridi's philosophy of information. First, Part I introduces the transformation in the concept of information that occurred in the twentieth century through the work of Alan Turning and Claude Shannon. Part II describes Floridi's approaches to traditional questions in epistemology, ontology, and ethics. Part III applies PI to the analysis of legal positivism. It suggests that PLI is a viable project that has potential for transforming the understanding law in the information age. -/- . (shrink)

Contra recent, inflationary views, the paper submits a deflationary approach to legal ontology. It argues, in particular, that to answer ontological questions about legal entities, we only need conceptual analysis and empirical investigation. In developing this proposal, it follows Amie Thomasson’s ‘easy ontology’ and her strategy for answering whether ordinary objects exist. The purpose of this is to advance a theory that, on the one hand, does not fall prey to sceptical views about legal reality (viz., that ontological truths about (...) legal entities are established by metaphysical principles); and, on the other, is compatible with common-sense jurisprudence (viz., that there in fact exist legal entities, and they all have important practical implications). While this methodology is common to legal philosophers interested in elucidating the ‘artifactual nature’ of law, the paper departs from their projects by taking a step forward in connecting this deflationary approach to legal ontology with an expressivist account of legal discourse, thus providing enough resources to satisfy the general ambition of jurisprudence, viz., to establish the conditions for the analysis of legal reality and its normative character. (shrink)

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

The object of this paper is to explore the possibility defending women's rights (or, more broadly, expressing women's concerns) within a framework of Islamic concepts and ideas. This is to be accomplished by introducing a number of methodological principles that can, and (for feminists) should govern the practice of "religious interpretation" (ijtihad) which Muslims have used throughout the centuries to adapt Qur'anic and Islamic teachings to changing realities and circumstances.

This study addresses the subject of Islamic ethics from definitional and disciplinary perspectives. It highlights the need for relevantization of Islamic ethics to contemporary issues in a systematic manner which, in turn, calls for development of Islamic ethics as a complete discipline with ability to meet all types of challenges: conceptual, practical, normative, applicative, etc. Regarding the definitional issue, different from and more expansive than the traditional understanding of alākhlāq, the researcher argues that a proper definition of ethics should include (...) ethically relevant habits, character, and behavior in its subject matter. As an academic discipline of paramount, practical significance, Islamic ethics should adequately address metaethical, normative, and applicative aspects of the subject. In terms of metaethics, Islamic ethics is derived from revealed knowledge; whereas, principles of Islamic jurisprudence (us
l al&fīqh) offers the best available methodology for the discipline in meeting demands of normativity and application. Regarding the nature of the subject of Islamic ethics, the researcher argues that understanding Islamic ethics as virtue ethics is unjustifiable reduction because a careful study of the subject from its sources would prove that Islamic ethics is rather an integrated field comprising of virtues ethics, divine command theory, duty&based ethics, etc. Therefore, Islamic ethics should be developed, taught, and learned as a whole composite of above&mentioned elements. (shrink)

This essay is an examination of the relationship between phenomenology and analytic method in the philosophy of law. It proceeds by way of a case study, the requirement of compliance in Raz’s theory of mandatory norms. Proceeding in this way provides a degree of specificity that is otherwise neglected in the relevant literature on method. Drawing on insights from the philosophy of art and cognitive neuroscience, it is argued that the requirement of compliance is beset by a range of epistemological (...) difficulties. The implications of these difficulties are then reviewed for method and normativity in practical reason. A topology of normativity emerges nearer the end of the paper, followed by a brief examination of how certain normative categories must satisfy distinct burdens of proof. (shrink)

My analysis here is an attempt to bring out the main through-line in the development of Bulgarian philosophy of law today. A proper account of Bulgarian philosophy of law in the 20th century requires an attempt to find, on the one hand, a solution to epistemological and methodological problems in law and, on the other, a clear-cut influence of the Kantian critical tradition. Bulgarian philosophy of law follows a complicated path, ranging from acceptance and revision of Kantian philosophy to the (...) development of interesting theories on the logic of legal reasoning. (shrink)

‘Dumping’ is a practice in international trade whereby a product is introduced into the commerce of another country at less than its ‘normal value,’ which might cause or threaten material injury to the domestic industry of the importing country. To address the practice of dumping and provide rules to deal with it, the World Trade Organization (WTO) adopted the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (1994), known as the Anti-Dumping Agreement (ADA). -/- (...) The ADA sets out anti-dumping investigation procedures that importing countries must follow if they wish to impose anti-dumping measures, which are determined by comparing the normal value and the export price of the goods in question. However, not all countries are treated equally under these arrangements. Countries that are non-market economies (NMEs) are accorded special treatment provided by specific rules, including the option for investigating authorities to resort to surrogate prices in a third country for the purpose of establishing normal value. This application of surrogate prices is referred to as ‘NME treatment’. In the absence of an internationally recognised definition of an NME, each WTO Member has adopted its own definition and/or a list of NMEs. Vietnam, a WTO Member whose economy is moving from being centrally planned to being market-based, is considered an NME by both the United States (US) and the European Union (EU). This research investigates whether the non-market economy status of NMEs such as Vietnam disadvantages exporters in anti-dumping investigations and proceedings. The research analyses legal, procedural and other issues relating to the non-market economy status of NMEs in general and Vietnam in particular, in anti-dumping investigations and proceedings conducted by the US and the EU. The research uses a qualitative methodology design, by which data was collected primarily using desk-based study, supplemented by interviews with anti-dumping experts, Vietnamese exporters and government officials. It involves the examination of international law pertaining to anti-dumping, the US and EU anti-dumping laws and investigation procedures, analysis of the WTO anti-dumping dispute settlement procedures and related jurisprudence, as well as the analysis of Vietnam’s transition to a market economy. -/- The research has found that both the US and EU treat Vietnam as a NME and have developed their own specific methodologies for anti-dumping investigations on exports from Vietnam. Furthermore, it highlights the wide discretion of the US and the EU under their domestic laws in many stages of anti-dumping investigations. -/- The findings also show that the WTO Dispute Settlement Body generally considers the US and the EU practices to be consistent with the ADA provisions. However, certain US and EU practices were found to be inconsistent with the ADA, including ‘zeroing’, limited examination, surrogate country selection, and the imposition of the ‘entity-wide rate.’ Further, by applying these practices, investigating authorities might establish unpredictable normal values that may inflate the estimated dumping margins and ultimately lead to the imposition of a higher than appropriate anti-dumping duty. The analysis concludes that the NME status of countries such as Vietnam disadvantages them when facing claims of dumping. Finally, this thesis provides recommendations for Vietnamese exporters that will serve to improve their competence as defendants/respondents in anti-dumping investigations and proceedings and more effectively demonstrate the degree to which their operations are based on market-based principles. Recommendations are also provided to the Vietnam Government on ways in which it can support Vietnamese exporters in anti-dumping investigations and proceedings. (shrink)

Descartes intended to revolutionize seventeenth-century philosophy and science. But first he had to persuade his contemporaries of the truth of his ideas. Of all his publications, Meditations on First Philosophy is methodologically the most ingenuous. Its goal is to provoke readers, even recalcitrant ones, to discover the principles of “first philosophy.” The means to its goal is a reconfiguration of traditional methodological strategies. The aim of this chapter is to display the methodological strategy of the Meditations. The text’s method is (...) more subtle and more philosophically significant than has generally been appreciated. Descartes’ most famous work is best understood as a response to four somewhat separate philosophical concerns extant in the seventeenth century. Section 1 describes these. Section 2 discusses how Descartes uses and transforms them. A clearer sense of the Meditations’ methodological strategy provides a better understanding of exactly how Descartes intended to revolutionize seventeenth-century thought. (shrink)

This article solves the problem of ensuring database decision-making in conditions of growing uncertainty and risks based on the results of business diagnostics is solved in this article. The main purpose of the research is to further develop the methodology of forming an analytical database for making management decisions. The following methods formed the methodological basis of the research: abstract-logical – used to generalize theoretical approaches and confirm the practical significance of solving the problem of decision-making in conditions of (...) uncertainty and risk; system analysis – when building a model of decision-making while coordinating areas and methods of business diagnostics; generalization – when drawing conclusions based on research results. The results of solving the problem of decision-making by improving the methodological approach in selecting areas and methods of business diagnostics in the conditions of growing uncertainty and risks are given in the article. The results of the research have practical value for companies that seek to reduce uncertainty and risk in the decision-making process in business management. (shrink)

This issue of Technoetic Arts: A Journal of Speculative Research (TA) encompasses eight articles by artists and scholars from around the globe who engage with methodologies of art practice within research that reflects on technological and ecological change, contributing to the discourse on the inclusion of subjective experience in research. The articles by authors Dulmini Perera, Kate Doyle, Nora S. Vaage, Merete Lie, Nikita Peresin Meden, Kristina Pranjić, Peter Purg, Nicolaas H. Jacobs, Marth Munro, Chris Broodryk, Semi Ryu, Rahul Mahata, (...) Doreswamy, Sana Altaf and Aqib Javid Parry form a collection that crosses disciplines and genres to engage in fundamental critique of existing modes of enquiry and conclusion. The texts situate art and design methodologies in particular cultural contexts and in relation to frameworks defined by research methodologies of the sciences and humanities to gain agency for critique and to counter a sense of inevitability that has come to mark the most recent crises. (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)

Pros and contras of Lakatosian epistemological theory-change model in respect to economics are considered. It is argued that one of the main shortcomings of the model is connected in its inability to treat the social factors.

We take kelp as material entities immersed in a multitude of relations with other creatures (for whom kelp serves as both nourishment and shelter) and inorganic elements of the milieu it resides in, on the one hand, and as a figuration: a material-semiotic “map of contestable worlds” that encompasses entangled threads of “knowledge, practice and power” (Haraway 1997, 11) in its local and global sense, on the other. While drawing on our field notes from the congress and feminist posthumanities and (...) environmental humanities literatures (e.g. Alaimo 2016; Åsberg & Braidotti 2018; Sandilands & Erickson 2010; Iovino & Opperman 2014) – with a special focus on the so-called blue humanities/oceanic humanities (e.g. DeLoughrey 2019) – that unpack human/nonhuman relations in the context of the current environmental crisis and the accompanying “slow violence” (Nixon 2011), we mobilise a reflection on and make a proposal for “thinking with kelp” as a multi-faceted methodology of transversal and transdisciplinary knowledge production and practices: situated (Haraway 1988), enfleshed, transcorporeal (Alaimo 2010), collaborative, and committed to an ethics of multispecies response-ability (Haraway 2008). (shrink)

In the paper, the current state and trends of the use of AR technologies in the transport industry and in future specialists' vocational training processes have been reviewed and analyzed. The essence and content of the AR technologies relevant to the transport industry have been clarified. The main directions of the AR introduction for the various spheres of the transport industry including design and tuning, mechanical and automotive engineering, marketing and advertising, maintenance and operation, diagnostics and repair of cars have (...) been determined. The AR mobile apps market and the features of the mobile apps with AR have been outlined. The pedagogical terms of effective organizing the students' cognitive activity for transport industry via AR technologies have been determined and researched, namely: to provide each student with the position of an active actor of study and cognitive activity, to switch the study information in a mode of the project activity, the educational content professionalization and to teach students to use the modern ICT purposefully, to manage students' cognitive process by means of ICT. The methodology of using mobile apps with AR in students' vocational preparation process for the transport industry has been presented. It covers the system of educational tasks, updated content of lectures, practical and laboratory classes for specialized disciplines. (shrink)

The teleological approach to an epistemic concept investigates it by asking questions such as ‘what is the purpose of the concept?’, ‘What role has it played in the past?’, or ‘If we imagine a society without the concept, why would they feel the need to invent it?’ The idea behind the teleological approach is that examining the function of the concept illuminates the contours of the concept itself. This approach is a relatively new development in epistemology, and as yet there (...) are few works examining it. This paper aims to fill this gap and engender further understanding of the teleological method. I first contrast the teleological method with more orthodox approaches in epistemology. I then draw a three-way taxonomy of different kinds of teleological approach and provide an example of each kind. The teleological approach is often presented as antithetical to the more orthodox approaches in epistemology, and so in competition with them. I demur. I argue that the methods can be fruitfully combined in epistemological theorising; in the final section I suggest specific ways the teleological approach can be incorporated alongside more orthodox methods in a general methodological reflective equilibrium. (shrink)

This chapter explores two central questions in the conceptual ethics of normative inquiry. The first is whether to orient one’s normative inquiry around folk normative concepts (like KNOWLEDGE or IMMORAL) or around theoretical normative concepts (like ADEQUATE EPISTEMIC JUSTIFICATION or PRO TANTO PRACTICAL REASON). The second is whether to orient one’s normative inquiry around concepts whose normative authority is especially accessible to us (such as OUGHT ALL THINGS CONSIDERED), or around concepts whose extension is especially accessible to us (such as (...) BETRAYAL). The chapter aims to make vivid and plausible a range of possible answers to these questions, and important forms of argument that can be used to favor certain answers over others. (shrink)

Scientific practice is a type of social practice, and every enterprise of knowledge in general exhibits important social dimensions. But should the fact that scientific practice is born out of and tied to the collaborative efforts of the members of a social group be taken to affect the products of these practices as well? In this paper, I will try in to give an affirmative answer to this question. My strategy will be to argue that the aim of science is (...) partially determined by a socio-historical context and that this aim, together with the available background knowledge, stands behind a methodology that is responsible for empirically and aim-adequate theoretical results. (shrink)

The purpose of the research is to develop a new methodological basis for identifying, analyzing and solving problems of international corporations export-import activities and to ground the directions for ensuring their business excellence. The approach originality provides introduction of a conceptual model that aims to eliminate the negative symptoms of international corporations export-import activities based on the results of comprehensive market research, effectiveness of export-import activities and calculation of the integrated indicator of business excellence. The leading corporations of Slovakia and (...) India in the production of bi-axially oriented polypropylene (BOPP) films were the primary basis for this study. The results of the research showed the need to implement a system of managerial innovation for reasoning the directions of ensuring international corporations business excellence. This is achieved because of using logically formalized methods and provides the improvement of organizational and structural interaction of management entities in the process of solving export-import activity problems. Important factors for ensuring business excellence are also the optimization of export and import costs, as well as an increase in export revenue for Slovak companies, and an increase in market share and cost optimization for Indian companies. The practical value of the obtained results is to develop a set of managerial innovations that can improve the efficiency of export-import activities and improve international corporations business. (shrink)

In spite of the many efforts made to clarify von Neumann’s methodology of science, one crucial point seems to have been disregarded in recent literature: his closeness to Hilbert’s spirit. In this paper I shall claim that the scientific methodology adopted by von Neumann in his later foundational reflections originates in the attempt to revaluate Hilbert’s axiomatics in the light of Gödel’s incompleteness theorems. Indeed, axiomatics continues to be pursued by the Hungarian mathematician in the spirit of Hilbert’s (...) school. I shall argue this point by examining four basic ideas embraced by von Neumann in his foundational considerations: a) the conservative attitude to assume in mathematics; b) the role that mathematics and the axiomatic approach have to play in all that is science; c) the notion of success as an alternative methodological criterion to follow in scientific research; d) the empirical and, at the same time, abstract nature of mathematical thought. Once these four basic ideas have been accepted, Hilbert’s spirit in von Neumann’s methodology of science will become clear. (shrink)

The purpose of the article is to develop a methodology for alternative substantiation of financial support for bridge construction. To achieve the purpose, the following general scientific and special methods and techniques of research were used: “golden ratio” rule; systematization and generalization; generalization of the results of the analysis and the logical generation of conclusions. Initially, the article analyzed the state of bridge structures in Europe and Ukraine. Based on the analysis, a disappointing situation has been identified, namely that (...) a significant ratio of bridges number require major overhaul or are in critical condition. During the research, the following tasks were solved, namely: physical wear of the bridge as a failure was considered; the feasibility of investing in reconstruction or new bridge construction was determined. For the purpose of rational use of financial resources, which are limited in the age of economic challenges, and on the basis of the rule of “golden proportion”, the maximum percentage of investment in reconstruction is determined. If the limit is exceeded, it is decided to build a new bridge. This result allows making an economically sound decision and evaluating the effectiveness of the invested resources. It is proved that if the wear index of the overhaul bridge construction is higher than the wear rate of the new bridge construction by λ2 / λ1, and the amount of funds for overhaul reaches 70% of the funds needed to build a new one, it is better to build a new bridge. (shrink)

The aim of this article is to present a model of journalistic or advertising writing analysis, taking into account four linguistic areas: syntax, semantics, orthography and morphology, within an ethical perspective. The foundation is based on what I call the "ethics of the word", which does not apply exclusively to journalism or linguistics; it is transversal. Journalists ought to pay special attention to language so that in the pretense of information they do not fall into the vice of misinformation. Through (...) critical hermeneutics, the linguistic analysis methodology is taken to clothe it with an ethical orientation, either because of the pursuit of excellence in the work instrument by journalists, because of their responsibility with the language or with the creation of public opinion. (shrink)

Introduction. The book is a study in Adam Smith's system of ideas; its aim is to reconstruct the peculiar framework that Adam Smith’s work provided for the shaping of a semi-autonomous new discipline, political economy; the approach adopted lies somewhere in-between the history of ideas and the history of economic analysis. My two claims are: i) The Wealth of Nations has a twofold structure, including a `natural history' of opulence and an `imaginary machine' of wealth. The imaginary machine is a (...) kind of Newtonian theory, whose connecting links are principles; provided either by `partial' characteristics of human nature or by analoga of physical mechanisms transferred to the social world; ii) a domain of the economic, understood as a self-standing social sub-system, was discovered first by Adam Smith. His `discovery' of the new continent of the economic was an `unintended result' of a deviation in his voyage to the never-found archipelago of natural jurisprudence. -/- 1. Imaginary machines and invisible chains: natural philosophy and method. The first chapter reconstructs Smith's views on the method in natural philosophy, presented primarily in the History of Astronomy (HA). The peculiar kind of semi-sceptical Newtonianism which permeates the essay is highlighted. Its reconstruction of the history of one natural science is shown to be based on the assumptions of Hume’s epistemology, and to lead to a self-aware deadlock. Smith's dilemma is between an essentialist realism and sceptical instrumentalism; the Cartesian presuppositions he shares with Hume and with the 18th century as a whole make it impossible for him to overcome his dilemma. The following chapters will show how, on the one hand, Smith's skeptical methodology encourages him in the enterprise to `carve off' a new self-contained discipline and how, on the other hand, his epistemological dilemma is reflected in the inner tensions of his moral and political theory as well as in a number of basic oscillations concerning the status of the new discipline. -/- 2. Chessboards and clocks: moral philosophy and method. -/- The second chapter reconstructs Smith's views on the method in the parallel field of moral philosophy, including the theory of moral sentiments and natural jurisprudence. I argue that The Theory of Moral Sentiments, when considered together with with the Lectures on Jurisprudence, where Smith's peculiar version of a `weaker' form of natural law is presented, wins special interest, not only for the history of ethics but even more for the history of political theory and the social sciences. The two most striking features of Smith's work in this area are highlighted. First, his effort at reformulating the `practical science' is a methodologically self-aware attempt at applying the Newtonian method to moral subjects. Secondly, this attempt ends in a stalemate as two distinguished kinds of normative order are introduced: one ultimate order of Reason, ultimately justifiable but inaccessible, and one weaker order of our `natural sentiments', to which we have empirical access, but which is so variable as to lack any ultimate value as a basis for grounding our normative claims. These two parallel conundrums may arguably account for the author's inability to publish during his lifetime both The History of Astronomy and the projected history and theory of law and government. -/- 3. Wheels, dams, and gravitation: the structure of scientific argument in The Wealth of Nations. -/- The third chapter provides the core of the book, dealing with the structure of the argument in WN. I argue that the main presupposition that makes the shift possible from a `natural history' to a `system' approach is the Newtonian contrast of `mathematical' with `physical' explanation; that is, Smith drops any discussion of the "original qualities" of human nature that could account for economic behaviour, while introducing, as `principles' for the system, a set of `hypothetical' statements of `observed' regularities in human behaviour and of `observed' super-individual self-regulating mechanisms. In bringing this presupposition to light, the coexistence of a teleological with a mechanistic approach is clarified; fresh light is shed on the notion of the invisible hand by a comparison of its occurrence in Smith with the occurrence of the same expression (until now overlooked) in the correspondence between Newton and Cotes. Finally, the peculiar semi-prescriptive and semi-descriptive character of political economy are highlighted, and the consistency of Smith's `impure' semi-prescriptive social science, when understood in his own terms, is defended against familiar charges with inconsistency and against even more familiar strained modernizations. -/- 4. Apples, deer, and frivolous trinkets: the construction of the economic. -/- The fourth chapter draws consequences from the third, examining how Smith's achievement in political economy, marking its transition to scientific status, carried a re-description of the phenomena, creating the comparatively independent and unified field of the economic. Smith's achievement is interpreted not as the `discovery' of an autonomous character already possessed by the economy out there, so much as a Gestalt-switch by which our perception of social phenomena is modified making us `see' the partial order of the economy as an isolated system. To sum up, the autonomy of the economic in social reality and the autonomy of the economic in social consciousness are shown to be two sides of one process. -/- 5. Concluding considerations: Political economy and the Enlightenment halved. -/- A few suggestions on the status of economic theory two centuries after The Wealth of Nations in its relationship to ‘practical philosophy’ are illustrated. (shrink)

Legal philosophers make a number of bold, contentious claims about the nature of law. For instance, some claim that law necessarily involves coercion, while others disagree. Some claim that all law enjoys presumptive moral validity, while others disagree. We can see these claims in at least three, mutually exclusive ways: (1) We can see them as descriptions of law’s nature (descriptivism), (2) we can see them as expressing non-descriptive attitudes of the legal philosophers in question (expressivism), or (3) we can (...) see them as practical claims about how we should view law or order our society (pragmatism). This paper argues that we should understand these claims in the pragmatist way, as claims about how we should view law or order society. (shrink)

The alt-right claims it responsibly advocates for its positions while the Ku Klux Klan was “ad-hoc.” This allows them to accept the philosophy of white nationalism while rejecting comparisons with prior white nationalist organizations. I confront this by comparing the methodologies of alt-right trolls and the KKK. After studying each movement’s genesis in pranks done for amusement, I demonstrate that each uses threats to police behavior, encourages comradery around ethnic heritage, and manipulates politics to exclude voices from public deliberation. Differences (...) between alt-right trolls and the KKK originate in the technologies they use, not out of a concern for responsible advocacy. (shrink)

In this paper, I shall defend two main claims. First, Friedman’s famous paper “On the methodology of positive economics” (“F53”) cannot be properly understood without taking into account the influence of three authors who are neither cited nor mentioned in the paper: Max Weber, Frank Knight, and Karl Popper. I shall trace both their substantive influence on F53 and the historical route by which this influence took place. Once one has understood these ingredients, especially Weber’s ideal types, many of (...) F53’s astonishing sentences like “the more significant the theory, the more unrealistic the assumptions”, make good sense. Second, I shall claim that the much-discussed question whether Friedman’s essay espouses an instrumentalist or a realist position, is the wrong question to be asked. I shall illustrate that by a comparison with examples from physics in which also unrealistic assumptions are made. Also there, the question whether these assumptions are indicators of instrumentalism or realism is not appropriate. Cleared from these misunderstandings, F53 presents itself as an interesting and reasonable but much less controversial contribution to the methodology of economics. (shrink)

We offer a sceptical examination of a thesis recently advanced in a monograph published by Princeton University Press, entitled Greek Buddha: Pyrrho’s Encounter with Early Buddhism in Central Asia. In this dense and probing work, Christopher I. Beckwith, a professor of Central Eurasian studies at Indiana University, Bloomington, argues that Pyrrho of Elis adopted a form of early Buddhism during his years in Bactria and Gandhāra, and that early Pyrrhonism must be understood as a sect of early Buddhism. In making (...) his case Beckwith claims that virtually all scholars of Greek, Indian, and Chinese philosophy have been operating under flawed assumptions and with flawed methodologies, and so have failed to notice obvious and undeniable correspondences between the philosophical views of the Buddha and of Pyrrho. In this study we take Beckwith’s proposal and challenge seriously, and we examine his textual basis and techniques of translation, his methods of examining passages, his construal of problems and his reconstruction of arguments. We find that his presuppositions are contentious and doubtful, his own methods are extremely flawed, and that he draws unreasonable conclusions. Although the result of our study is almost entirely negative, we think it illustrates some important general points about the methodology of comparative philosophy. (shrink)

The book gives up-to-date, multi-aspect exposition of the philosophy and methodology of information, and related areas within the nascent field of the study of information. It presents the most recent achievements, ideas and opinions of leading researchers in this domain, as well as from physicists, biologists and social scientists. Collaboration of researchers from different areas and fields opens new perspectives for the understanding of information essential in the innovative development of science, technology and society. -/- The book is meant (...) for readers conducting research into any aspect of information, information society and information technology. The ideas presented give new insights for those who develop or implement scientific, technological or social applications. They are especially for those who are participating in setting the goals for science in general and sciences of information in particular. (shrink)

R.C. Pradhan claims in Language, Reality, and Transcendence that, in Ludwig Wittgenstein’s Tractatus Logico-Philosophicus and Philosophical Investigations, “[i]n no case is Wittgenstein interested in the empirical facts regarding language, as for him philosophy does not undertake any scientific study of language” (Pradhan 2009, xiv). I consider Ludwig Wittgenstein’s purportedly anti-scientific and anti-empirical approach to language in light of advances by philosophers and linguists in the latter half of the 20th century. I distinguish between various ways of understanding Wittgenstein’s stance against (...) scientism. Due to the success of more recent work on language, I argue that Wittgenstein’s critique, as interpreted by Pradhan in Language, Reality, and Transcendence, does not undermine the formal study of language. Nevertheless, I argue, the contention of Wittgenstein and Pradhan that language, through grammar (in Wittgenstein’s sense), serves a variety of functions still sheds light on the differences in meaning across different discourses. I argue that a synthesis of Wittgenstein’s pluralist theory of meaning with elements of a theoretical study of language offers the best comprehensive account of natural language. I will argue that this conception of language is consistent with elements of Pradhan’s interpretation. As Pradhan notes, “The aim here is not to project one kind of grammatical determination but keep options open for many such grammatical determinations such that the grammatical nuances are not papered over in the name of the unity of grammar” (Pradhan 2009, 28). (shrink)

In this paper we try to bring some clarification in the recent debate on causal pluralism. Our first aim is to clarify what it means to have a pluralistic theory of causation and to articulate the criteria by means of which a certain theory of causation can or cannot qualify as a pluralistic theory of causation. We also show that there is currently no theory on the\nmarket which meets these criteria, and therefore no full-blown pluralist theory of causation exists. Because (...) of this, we offer a general strategy by means of which pluralist theories of causation can be developed. (shrink)

A recently developed computational methodology for executing numerical calculations with infinities and infinitesimals is described in this paper. The approach developed has a pronounced applied character and is based on the principle “The part is less than the whole” introduced by the ancient Greeks. This principle is applied to all numbers (finite, infinite, and infinitesimal) and to all sets and processes (finite and infinite). The point of view on infinities and infinitesimals (and in general, on Mathematics) presented in this (...) paper uses strongly physical ideas emphasizing interrelations that hold between a mathematical object under observation and the tools used for this observation. It is shown how a new numeral system allowing one to express different infinite and infinitesimal quantities in a unique framework can be used for theoretical and computational purposes. Numerous examples dealing with infinite sets, divergent series, limits, and probability theory are given. (shrink)

"All-and-Nought" is the 2nd Edition of a series of books that study the nature of Reality and Being. The first edition of the book, "The Metaphysics of All-and-None", was published by Edwin Mellen Press in January 2022; since then the book has been under severe investigations and reviews by many scholars and pundits worldwide. The 2nd edition of the book contains the original text plus a foreword by Professor Richard Howells from King’s College London and some reports by Physicists, Biologists, (...) and others. Journal of Mind, one the most important journals in Philosophy, paid attention to the book and in its critical review article October 2022, encourages all philosophers and pundits to study the book. -/- The book's core concept is a Scientific/Mathematical, a-priori/synthetic theory called All'n'None Theory. It studies the Symmetry and Asymmetry in Reality and points to a state that indicates the deep Symmetry between "All Beings" and "Nothingness". It deeply studies the relationships between being and non-being from the perspective of Symmetry and symmetry failure and offers a measurement tool and a new method of studding phenomena. -/- It seems All`n`None Theory is a scientific breakthrough and discovery. The book methodologically applies Physics, Conceptual philosophy, Mathematics, and jurisprudence analysis both inductively and deductively to prove its theory. It is the first and the only Theory for Explaining the nature of Existence (being) and provides a technique to measure the amount of existence in each being. -/- Through understanding Existence, the book explains Creation, Cosmos, Consciousness, Mind, Spirit, and Soul scientifically. It is deep enough to initially encompass and then merge all modern Sciences (Physics, Philosophy, Complexity, System Theory, Information Theory, Psychology, Biology, Humanities, Economy, and Management) with Buddhism, Hinduism, Judaism, Christianity, and Islam (Theology) and makes the image of Reality clearer for readers. -/- The book proves chaos management in the depth of creation and shows how people can use the only law of creation for their own success and salvation. Therefore the book is an inspirational one too. Readers by reading the book and understanding it not only gain scientific knowledge but also find profound wisdom that heals them. They feel they are enlightened and motivated to construct their meaning of life. Readers can recognize their self/ego structure of being and enjoy the passion to improve. -/- The book tries to explain the mechanism of Thinking with respect to Symmetry and the failure of Symmetry as the foundation of Categorization, Mentalization, and Cognition. By understanding the mechanism of cognition it can study Epistemology and explain the Believing Mechanism and the nature of Beliefs as a kind of being. The theory claims no matter the beliefs originated from Science or Religion the mechanisms that govern both of them are the same. Based on the theory, “Knower or Observer”, “Known or Observed”, and “knowing or observation” are rooted in Symmetry and its failure. The tone, language, and structure of the book are unique to itself. It is not an entertainment or commercial book. The book is written for readers who plan to spend enough time to think about its content. (shrink)

This article reexamines Vico’s early critique of Cartesian reasoning and of how the Cartesian method, which comes from epistemology, creates problems for the sciences once embedded into their methodologies and given a foundational role. The focus will be on De nostri temporis studiorum ratione (1709), where Vico argues against generalizing the Cartesian method and overemphasizing clarity and distinctness in the search for truth. To this end, Vico’s relation to Cartesianism is first carefully contextualized. Then, Vico is presented as a hylomorphist (...) when it comes to how scientific disciplines and their instruments interrelate, something key for understanding why he questions the “instrumentalization” of the Cartesian method in the first place. Afterwards, Vico’s account of the impossibility of maximal scientific progress when the Cartesian method is prioritized across the sciences is presented, as probabilistic reasoning and the importance of the imagination and memory take centerstage. Lastly, the article looks at Vico’s opposition to the geometrical method’s role in physics and his defense of visual thinking in mathematics. The hope throughout is to advance a picture of the early Vico as being not only a neo- Baconian pragmatist, but a hypermodern ”meta-Cartesian” thinker concerned with humanity’s optimizing its creative potential in order to achieve scientific advances. (shrink)

(1) In the first part of this paper, I review Chomsky's meandering journey from the formalism/mentalism of Syntactic Structures, through several methodological positions, to the minimalist theory of his latest work. Infected with mentalism from first to last, each and every position vitiates Chomsky's repeated claims that his theories will provide useful guidance to later theories in such fields as cognitive psychology and cognitive neuroscience. With the guidance of his insights, he claims, psychologists and neuroscientists will be able to avoid (...) costly dead-end lines of research. -/- (2) This never happened. As I have shown, this never could have happened. (See Johnston, 2018). What has happened, instead, is that current neurolinguistic research (with the arguable exception of the now-dated Lemma Model of Willem Levelt) proceeds without reference to Chomsky. It also wholeheartedly rejects the mentalism of the associated Language of Thought theory of Jerry Fodor. (See Johnston, 2018). -/- (3) I make this argument in the first part of this paper. I would also like to point out that most of my argument was developed in 1972, when I was a graduate student. I know of no other sustained criticisms of Chomsky at that time, and certainly none along the lines I had developed back then. -/- (4) In the second part of this paper, I present my own account of the methodology of science. When I was a graduate student, philosophy of science was dominated by an attempt to describe a methodology common to all the specific sciences, i.e. Hempel’s deductive-nomological model. These days, Hempel’s emphasis on the methodological unity of science has been rejected by such “dis-unity” philosophers of science as Ian Hacking, Patrick Suppes and Nancy Cartwright (see Cat, 2021). -/- (5) I view this change as the swing of a pendulum or, to change the metaphor, a journey from one end point of a continuum to another. As the level of abstraction at which one tries to describe scientific method is raised, the descriptions become increasingly general. Whether or not unity-of-science theories become so general as to be vacuous, is ultimately a subjective judgment. And so I expect that philosophers will eventually become tired of increasingly specific “close to the workbench” descriptions of how scientists work, and begin to turn back to methodological “big pictures”, finding in them powerful abstractions rather than empty irrelevancies. -/- (6) In the second part of this paper, I present my own account of the methodology of science, which I would situate somewhere between the “unity” and “dis-unity” accounts. However, I am not a scientist. My own views about scientific method have three origins: -/- (6a) my work as a graduate student from 1966 until I passed my comprehensive exams in 1973 (at a different university); -/- (6b) reading every issue of Scientific American from 1972 until nearly 2000, (at which point I continued to read it only sporadically, since I concluded that, around that time, it had evolved from a serious science magazine to a popular science magazine); and -/- (6c) my three-year immersion in the cognitive neuroscience of language after I retired, based on repeated study of and note-taking for (Banesh & Compton, 2018), (Kemmerer, 2015), several other books and, finally, numerous articles not hidden behind a paywall. -/- So, as always with my writings: caveat emptor. (shrink)

F.A. Hayek argued that the sciences of complex phenomena, including (perhaps especially) economics, are limited to incomplete “explanations of the principle” and “pattern predictions.” According to Hayek, these disciplines suffer from (what I call) a data problem, i.e., the hopelessness of populating theoretical models with data adequate to full explanations and precise predictions. In Hayek’s terms, explanations in these fields are always a matter of “degree.” However, Hayek’s methodology implies a distinct theory problem: theoretical models of complex phenomena may (...) be underspecified so that, even were all the data available, a full explanation could not be inferred from the model. Where the sciences of complex phenomena are subject to both the data and theory problems, explanations and predictions will be of even lesser “predictive degree.” The paper also considers how to interpret Hayek’s claim that pattern predictions are falsifiable. (shrink)

African jurisprudence, like African philosophy, continues to be hotly debated. This article contends that the debate straddles the uniqueness claim which either emphasises the existence or possibility of a peculiar legal framework on the continent, and a historical co-extensional position reiterating that African jurisprudence is a continuum of other legal traditions. The article argues that there is no uniquely African jurisprudence, and that what obtains within the structures of jurisprudence on the continent also exists within various (...) legal traditions elsewhere, and as such can at best be described as ‘jurisprudence in Africa’ rather than ‘African jurisprudence’. It defends this thesis through analytic and comparative explications of the content of natural law theory and legal positivism as experienced on the continent. It concedes that relics of the colonial legal experience create contestations that inform scholars’ calls for a return to traditional legal systems. It concludes that a reconstructive jurisprudence in Africa must take cognisance of the continent’s historical and evolutionary legal experiences, but that a unified or monolithic theory may not be sufficient to address the choice of functional jurisprudence. Keywords African jurisprudence, jurisprudence in Africa, African legal evolution, diffused legal theories. (shrink)

Contemporary Information Systems management incorporates the need to make explicit the links between semiotics, meaning-making and the digital age. This focus addresses, at its core, pure rationality, that is, the capacity of human interpretation and of human inscription upon reality. Creating the new real, that is the motto. Humans are intrinsically semiotic creatures. Consequently, semiotics is not a choice or an option but something that works like a second skin, establishing limits and permeable linkages between: human thought and human's infinite (...) world of imagination; and human action, with its correspondent infinite world of intentionality, of desire and of unexplored possibilities. Two instances are contrasted as two reading lenses of current business reality: IS governance and industry 4.0. These phenomena correspond to the need to take accountability, transparency and responsibility into account, when designing IS and when using such systems through the ecology of connectivity, Big Data and the Internet of Things. Political, social and cultural dimensions are brought into the equation, when addressing the question of the relevance and adequateness of IS theory and practice to respond to contemporary challenges. The message is that what has already been achieved is but a shadow, a pale vision, of what might be achieved in the age of the new Renaissance. (shrink)