Legal anti-positivism is widely believed to be a general theory of law that generates far too many false negatives. If anti-positivism is true, certain rules bearing all the hallmarks of legality are not in fact legal. This impression, fostered by both positivists and anti-positivists, stems from an overly narrow conception of the kinds of moral facts that ground legal facts: roughly, facts about what is morally optimific—morally best or morally justified or morally obligatory given our social practices. A (...) less restrictive view of the kinds of moral properties that ground legality results in a form of anti-positivism that can accommodate any legal rule consistent with positivism, including the alleged counter-examples. This form of “inclusive” anti-positivism is not just invulnerable to extensional challenges from the positivist. It is the only account that withstands extensional objections, while incorporating, on purely conceptual grounds, a large part of the content of morality into law. (shrink)

Critical theory has long resisted the notion that an “invisible hand” can operate within the real social dynamics of a free market. But despite the most radical desires of the socially critical imagination, the optimization of that “spontaneous order” or depersonalized way of ordering things known as “the economy” has become the dominant playing field and decisive electoral issue of modern politics. Within this broad contemporary context, Michel Foucault made a strange theoretical intervention that, to this day, continues to baffle (...) readers. During a lecture, he argued that Adam Smith’s invisible hand was, after all, truly and purposively, that is, for technical rather than ideological reasons, “invisible.” This article argues that there is a counter-positivism or tactical irony contained within the logic of such a controversial thesis; namely, that when one acknowledges that the principle of economic competition encourages an efficient self-organizing effect at all times, regardless of context, one is also immediately in a position to appreciate why the art of government should always maintain its political primacy over the spontaneous order of the market. (shrink)

This book tells the story of modern ethics, namely the story of a discourse that, after the Renaissance, went through a methodological revolution giving birth to Grotius’s and Pufendorf’s new science of natural law, leaving room for two centuries of explorations of the possible developments and implications of this new paradigm, up to the crisis of the Eighties of the eighteenth century, a crisis that carried a kind of mitosis, the act of birth of both basic paradigms of the two (...) following centuries: Kantian ethics and utilitarianism. The new science of natural law carried a fresh start for ethics, resulting from a mixture of the Old and the New. It was, as suggested by Schneewind, an attempt at rescuing the content of Scholastic and Stoic doctrines on a new methodological basis. The former was the claim of existence of objective and universal moral laws; the latter was the self-aware attempt at justifying a minimal kernel of such laws facing skeptical doubt. What Bentham and Kant did was precisely carrying this strategy further on, even if restructuring it each of them around one out of two alternative basic claims. The nineteenth- and twentieth-century critics of the Enlightenment attacked both not on their alleged failure in carrying out their own projects, but precisely on having adopted Grotius’s and Pufendorf’s project. What counter-enlightenment has been unable to spell out is which alternative project could be carried out facing the modern condition of pluralism, while on the contrary, if we takes a closer look at developments in twentieth-century ethics or at on-going discussions on practical issues, we might feel inclined to believe that Grotius’s and Pufendorf’s project is as up-to-date as ever. -/- Table of Contents -/- Preface I. Fathers of the Reformation and Schoolmen 1.1. Luther: passive justice and the good deeds; 1.2. Calvin: voluntarism and predestination; 1.3. Baroque Scholasticism; 1.4. Casuistry and Institutiones morales -/- II Neo-Platonists, neo-Stoics, neo-Sceptics 2.1. Aristotelian, neo-Platonic, neo-Epicurean and neo-Cynic Humanists; 2.2. Oeconomica and the art of living; 2.3. Neo-Stoics; 2.4. Neo-Sceptics; 2.5. Moralistic literature -/- III Neo-Augustinians 3.l. The Jansenists on natura lapsa, sufficient grace, pure love; 3.2. Nicole on the impossibility of self-knowledge; 3.3. Nicole on self-love and charity; 3.4. Nicole against civic virtue, for Christian civility; 3.5. Malebranche on general laws and necessary evil; 3.6. Malebranche on Neo-Augustinianism and Platonism. -/- IV Grotius, Pufendorf and the new moral science 4.1. Grotius against Aristotle and the sceptics; 4.2. Mersenne and Gassendi; 4.3. Descartes on ethics as the last branch of philosophy’s tree; 4.4. Hobbes on scepticism and the new moral science; 4.5. Spinoza on the new moral science as a descriptive science;4.6. Locke on voluntarism and probabilism; 4.7. Pufendorf on natural law as an exact science; 4.8. Pufendorf on physical and moral entities; 10. Pufendorf on self-preservation -/- V The empiricist version of the new moral science: from Cumberland to Paley 5.1. Cumberland against Hobbesian voluntarism; 5.2. Cumberland and theological consequentialism; 5.3. Cumberland on universal benevolence and self-love; 5.4. Shaftesbury on the moral sense; 5.5. Hutcheson on natural law and moral faculties; 5.6. Gay, Brown, Paley and theological consequentialism. -/- VI The rationalist version of the new moral science: from Cudworth to Price 6.1. The Cambridge Platonists; 6.2. Shaftesbury on the moral sense; 6.3. Butler and a third way between voluntarism and scepticism; 6.4. Price and the rational character of moral truths; -/- VII Leibniz’s compromise between the new moral science and Aristotelianism 1.Leibniz against voluntarism; 2.Leibniz against the division between the physical and the moral good; 3.Leibniz on la place d’autrui and theological consequentialism; 4.Thomasius, Wolff, Crusius -/- VIII French eighteenth-century philosophers without the new moral science 8.1. The genealogy of our ideas of virtue and vice; 8.2. Maupertuis and moral arithmetic 8.3. The philosophes and the harmony of interests; 8.4. Rousseau on corruption, self-love, and virtue; 8.5. Sade on the merits of vice -/- IX Experimental moral science: Hume and Adam Smith 9.1. Mandeville’s paradox; 9.2. Hutcheson on the law of nature and moral faculties; 9.3. Hume on experimental moral philosophy and the intermediate principles; 9.4. Hume’s Law; 9.5. Hume on the fellow-feeling; 9.6. Hume on natural and artificial virtues and disinterested pleasure for utility; 9.7. Adam Smith’s anti-realist metaethics; 9.8. Adam Smith on self-deception and the paradox of happiness; 9.9. Adam Smith on sympathy and the impartial spectator; 9.10. Adam Smith on the twofold criterion for moral judgement and its paradox; 9.11. Reid on the refutation of scepticism and the self-evidence of duty -/- X Kantian ethics 10.1. Kantian metaethics: moral epistemology; 10.2. Kantian metaethics: moral ontology; 10.3. Kantian metaethics: moral psychology; 10.4. Kantian normative ethics; 10.5. Kant on the impracticability of applied ethics; 10.6. Kantian moral anthropology; 10.7. Civilisation and moralisation; 10.8. Theology on a moral basis and the origins of evil; 10.9. Fichte and the transformation of theoretical philosophy into practical philosophy XI Bentham and utilitarianism 11.1. Bentham’s linguistic theory; 11.2. Bentham’s moral ontology, psychology, and theory of action; 11.3. The principle of greatest happiness; 11.4. The critique of religious ethics; 11.5. The new morality; 11.6. Interest and duty; 11.7. Virtues; 11.8. Private ethics and legislation -/- XII Followers of the Enlightenment: liberal Judaism and Liberal Theology 12.1. Mendelssohn; 12.2. Salomon Maimon; 12.3. Haskalā and liberal Judaism; 12.4. Liberal Theology. -/- XIII Counter-Enlighteners 13.1.Romanticism and the fulfilment of individuality as the Summum Bonum; 13.2. Hegel on history as the making of liberty; 13.3. Hegel on the unhappy consciousness and the beautiful soul; 13.4. Hegel on Morality and Sittlichkeit; 13.5. Marx on ideology, alienation, and praxis; 13.6. Schopenhauer on compassion; 13.7. Kierkegaard on faith beyond ethics. -/- XIV Followers of the Enlightenment: intuitionists and utilitarian 14.1 Whewell‘s criticism of utilitarianism; 14.2 Whewell on morality and the philosophy of morality; 14.3 Whewell on the Supreme Norm; 14.4 Whewell on the conflict between duties; 14.5 Mill and the proof of the principle of utility; 14.6 Mill’s eudemonistic utilitarianism; 14.7 Mill on rules -/- XV Followers of the Enlightenment: neo-Kantians and positivists 15.1. French spiritualism; 15.2. Neo-Kantians: the Marburg school; 15.3. Neo-Kantians: the Marburg school; 15.4. Comte’s positivism and the invention of altruism; 15.5. Social Darwinism; 15.6. Wundt and an ethic of humankind -/- XVI Post-enlighteners: Sidgwick 16.1. Criticism of intuitionism; 16.2. On ethical egoism; 16.3. Criticism of utilitarianism -/- XVII Post-enlighteners: Durkheim 17.1. Sociology as physics of customs; 17.2. Morality as physics of customs and as practical science; 17.3. On Kantian ethics and utilitarianism; 17.4. The variability of moralities;17.5. Social solidarity as end and justification of morality; 17.6. Secular morality as “sociodicy”; XVIII Post-enlighteners: Nietzsche 18.1. On the Dionysian; 18.2. On the deconstruction of the world of values 18.3 On the twofold genealogy of moralities; 18.4. On ascetics and nihilism; 18.5. Normative ethics of self-fulfilment -/- Bibliography / Index of names / Index of concepts -/- . (shrink)

● Sergio Cremaschi, The non-existing Island. I discuss the way in which the cleavage between the Continental and the Anglo-American philosophies originated, the (self-)images of both philosophical worlds, the converging rediscoveries from the Seventies, as well as recent ecumenic or anti-ecumenic strategies. I argue that pragmatism provides an important counter-instance to both the familiar self-images and to the fashionable ecumenic or anti-ecumenic strategies. My conclusions are: (i) the only place where Continental philosophy exists (as Euro-Communism one decade ago) is (...) America; (ii) less obviously, also analytic philosophy does not exist, or does no more exist as a current or a paradigm; what does exist is, on the one hand, philosophy of language and, on the other, philosophy of mind, that is, two disciplines; (iii) the dissolution of analytic philosophy as a school has been extremely fruitful, precisely in so far as it has left room for disciplines and research programmes; (iv) what is left, of the Anglo-American/Continental cleavage is primarily differences in styles, depending partly on intellectual traditions, partly owing to sociology, history, institutional frameworks; these differences should not be blurred by rash ecumenism; besides, theoretical differences are alive as ever, but within both camps; finally, there is indeed a lag (not a difference) in the appropriation of intellectual techniques by most schools of 'Continental' philosophy, and this should be overcome through appropriation of what the best 'analytic' philosophers have produced. ● Michael Strauss, Language and sense-perception: an aspect of analytic philosophy. To test an assertion about one fact by comparing it with perceived reality seems quite unproblematic. But the very possibility of such a procedure is incompatible with the intellectualistic basis of logical positivism and atomism (as it is for example to be found in Russell's Analysis of Mind). According to the intellectualistic approach pure sensation is meaningless. Sensation receives its meaning and order from the intellect through interpretation, which is performed with the help of linguistic tools, i.e. words and sentences. Before being interpreted, sensation is not a picture or a representation, it is neither true nor false, neither an illusion nor knowledge; it does not tell us anything; it is a lifeless and order-less matter. But how can a thought (or a proposition) be compared with such a lifeless matter? This difficulty confronts the intellectualist, if on the one hand he admits the necessity of comparing thought with sense-perception, and on the other hand presupposes that we possess only intellectual and no immediate perceptual understanding of what we see and hear. In this paper I give a critical exposition of three attempts, made by Russell, Neurath and Wittgenstein, to solve this problem. The first attempt adheres to strict conventionalism, the second tends to naturalism and the third leads to an amended, very moderate version of conventionalism. This amended conventionalism looks at sense impressions as being a peculiar language, which includes primary symbols, i.e. symbols not founded on convention and not being in need of interpretation. ● Ernst Tugendhat, Phenomenology and language analysis. The paper, first published in German in 1970, by which Tugendhat gave a start to the German rediscovery of analytic philosophy. The author stages a confrontation between phenomenology and language analysis. He argues that language analysis does not differ from phenomenology as far as the topics dealt with are concerned; instead, both currents are quite different in method. The author argues that language-analytic philosophy does not simply lay out of the mainstream of transcendental philosophy, but that instead it challenges this tradition on the very level of foundations. The author criticizes the linguistic-analytic approach centred on the subject as well as any object-centred approach, while proposing inter-subjective understanding through language as the new universal framework. This is, when construed in so general terms, the same program of hermeneutics, though in a more basic version. ● Jürgen Habermas, Language game, intention and meaning. On a few suggestions by Sellars and Wittgenstein. The paper, first published in German in 1975, in which Habermas announces his own linguistic turn through a discovery of speech acts. In this essay the author wants to work out a categorical framework for a communicative theory of society; he takes Wittgenstein's concept of language game as a Leitfade and, besides, he takes advantage also of Wilfried Sellars's quasi-transcendental account of the genesis of intentionality. His goal is to single out the problems connected with a theory of consciousness oriented in a logical-linguistic sense. ● Zvie Bar-On, Isomorphism of speech acts and intentional states. This essay presents the problem of the formal relationship between speech acts and intentional states as an essential part of the perennial philosophical question of the relation between language and thought. I attempt to show how this problem had been dealt with by two prominent philosophers of different camps in our century, Edmund Husserl and John Searle. Both of them wrote extensively about the theory of intentionality. I point out an interesting, as it were unintended, continuity of their work on that theory. Searle started where Husserl left off 80 years earlier. Their meeting point could be used as the first clue in our search. They both adopted in effect the same distinction between two basic aspects of the intentional experience: its content or matter, and its quality or mode. Husserl did not yet have the concept of a speech act as contradistinguished from an intentional state. The working hypothesis, however, which he suggested, could be used as a second clue for the further elaboration of the theory. The relationship of the two levels, the mental and the linguistic, which remained for Husserl in the background only, became the cornerstone of Searle' s inquiry. He employed the speech act as the model and analysed the intentional experience by means of the conceptual apparatus of his own theory of speech acts. This procedure enabled him to mark out a number of parallelisms and correlations between the two levels. This procedure explains the phenomenon of the partial isomorphism of speech acts and intentional states. ● Roberta de Monticelli, Ontology. A dialogue among the linguistic philosopher, the naturalist, and the phenomenological philosopher. This paper proposes a comparison between two main ways of conceiving the role and scope of that fundamental part of philosophy (or of "first" philosophy) which is traditionally called "ontology". One way, originated within the analytic tradition, consists of two main streams, namely philosophy of language and (contemporary) philosophy of mind, the former yielding "reduced ontology" and the latter "neo-Aristotelian ontology". The other way of conceiving ontology is exemplified by "phenomenological ontology" (more precisely, the Husserlian, not the Heideggerian version). Ontology as a theory of reference ("reduced" ontology, or ontology as depending on semantics) is presented and justified on the basis of some classical thesis of traditional philosophy of language (from Frege to Quine). "Reduced ontology" is shown to be identifiable with one level of a traditional, Aristotelian ontology, namely the one which corresponds to one of the four "senses of being" listed in Aristotle's Metaphysics: "being" as "being true". This identification is justified on the basis of Franz Brentano's "rules for translation" of the Aristotelian table of judgements in terms of (positive and negative) existential judgments such as are easily translatable into sentences of first order predicate logic. The second part of the paper is concerned with "neo-Aristotelian ontology", i.e. with naturalism and physicalism as the main ontological options underlying most of contemporary discussion in the philosophy of mind. The qualification of such options as "neo-Aristotelian" is justified; the relationships between "neo-Aristotelian ontology" and "reduced ontology" are discussed. In the third part the fundamental tenet of "phenomenological ontology" is identified by the thesis that a logical theory of existence and being does capture a sense of "existing" and "being" which, even though not the basic one, is grounded in the basic one. An attempt is done of further clarifying this "more basic" sense of "being". An argument making use of this supposedly "more basic" sense is advanced in favour of a "phenomenological ontology". ● Kuno Lorenz, Analytic Roots in Dialogic Constructivism. Both in the Vienna Circle ad in Russell's early philosophy the division of knowledge into two kinds (or two levels), perceptual and conceptual, plays a vital role. Constructivism in philosophy, in trying to provide a pragmatic foundation - a knowing-how - to perceptual as well as conceptual competences, discovered that this is dependent on semiotic tools. Therefore, the "principle of method" had to be amended by the "principle of dialogue". Analytic philosophy being an heir of classical empiricism, conceptually grasping the "given", and constructive philosophy being an heir of classical rationalism, perceptually providing the "constructed", merge into dialogical constructivism, a contemporary development of ideas derived especially from the works of Charles S. Peirce (his pragmatic maxim as a means of giving meaning to signs) and of Ludwig Wittgenstein (his language games as tools of comparison for understanding ways of life). 7. Albrecht Wellmer, "Autonomy of meaning" and "principle of charity" from the viewpoint of the pragmatics of language. In this essay I present an interpretation of the principle of the autonomy of meaning and of the principle of charity, the two main principles of Davidson's semantic view of truth, showing how both principles may fit in a perspective dictated by the pragmatics of language. I argue that (I) the principle of the autonomy of meaning may be thoroughly reformulated in terms of the pragmatics of language, (ii) the principle of charity needs a supplement in terms of pragmatics of language in order to become really enlightening as a principle of interpretation. Besides, I argue that: (i) on the one hand, the fundamental thesis of Habermas on the pragmatic theory of meaning ("we understand a speech act when we know what makes it admissible") is correlated with the seemingly intentionalist thesis according to which we understand a speech act when we know what a speaker means; (ii) on the other hand, to say that the meaning competence of a competent speaker is basically a competence about a potential of reasons (or also of possible justifications) which is inherently connected with the meaning of statements, or with their use in utterances. ● Rüdiger Bubner, The convergence of analytic and hermeneutic philosophy This paper argues that the analytic philosophy does not exist, at least as understood by its original programs. Differences in the analytic camp have always been bigger than they were believed to be. Now these differences are coming to the fore thanks to a process of dissolution of dogmatism. Philosophical analysis is led by its own inner logic towards questions that may be fairly qualified as hermeneutic. Recent developments in analytic philosophy, e.g. Davidson, seem to indicate a growing convergence of themes between philosophical analysis and hermeneutics; thus, the familiar opposition of Anglo-Saxon and Continental philosophy might soon belong to history. The fact of an ongoing appropriation of analytical techniques by present-day German philosophers may provide a basis for a powerful argument for the unity of philosophizing, beyond its strained images privileging one technique of thinking and rejecting the remainder. Actual philosophical practice should take the dialogue between the two camps more seriously; in fact, the processes described so far are no danger to philosophical work. They may be a danger for parochial approaches to philosophizing; indeed, contrary to what happens in the natural sciences, Thomas Kuhn's "normal science" developing within the framework of one fixed paradigm is not typical for philosophical thinking. And in philosophy innovating revolutions are symptoms more of vitality than of crisis. ● Karl-Otto Apel, The impact of analytic philosophy on my intellectual biography. In my paper I try to reconstruct the history of my Auseinandersetzung mit - as I called it - "language-analytical" philosophy (including even Peircean semiotics) since the late Fifties. The heuristics of my study was predetermined by two main motives of my beginnings: the hermeneutic turn of phenomenology and the transformation of "transcendental philosophy" in the light of the "language a priori". Thus, I took issue with the early and the later Wittgenstein, logical positivism, and post-Wittgensteinian and post-empiricist philosophy of science (i.e. G.H. von Wright and the renewal of the "explanation vs understanding controversy" as well as the debate between Th. Kuhn and Popper/Lakatos); besides, with speech act theory and the debate about "transcendental arguments" since Strawson. The "pragmatic turn", started already by C.L. Morris and the later Carnap, led me to study also the relationship between Wittgensteinian "use" theory of meaning and of truth. This resulted on my side in something like a program of "transcendental semiotics", i.e. "transcendental pragmatics" and "transcendental hermeneutics". ● Ben-Ami Scharfstein, A doubt on both their houses: the blindness to non-western philosophies. The burden of my criticism is that contemporary European philosophers of all kinds have continued to think as if there were no true philosophy but that of the West. For the most part, the existentialists have been oblivious of their Eastern congeners; the hermeneuticians have yet to stretch their horizons beyond the most familiar ones; and the analysts remain unaware of the analyses and linguistic sensitivities of the ancient non-European philosophers. Briefly, ignorance still blinds almost all contemporary Western philosophers to the rich, variegated philosophical traditions outside of their familiar orbit. Both Continental and Anglo-Americans have lost the breadth of view that once characterized such thinkers as Herder and the Humboldts. The blindness that has resulted is not simply that of individual Western philosophers but of our whole, still parochial philosophical culture. (shrink)

Fred Polak’s futurology takes up where F. W. Schelling’s claims about the ‘modern mythology’ leaves off. Linking these, I argue Art and humanity’s joint meaning crisis originates in ‘symbolic idealism’, de-futurising both and crippling humanity’s attempts to develop a proper internal ‘narrative order of goods’ needed for our survival. Polak’s tracing of how various forms of Expressionism emerged from Impressionism in later modernism, transforming our images of reality and the future, vindicates Schelling’s earlier claims that our symbolic mode of ‘worlding’ (...) creates a materially positivistic idea of progress. And our modern repurposing of art has produced what Polak calls a disorienting ‘false and deluded realism’ partly responsible for the counter-utopian, post-humanist tendencies prevalent today in both the East and West. (shrink)

Logical empiricism is commonly seen as a counter-position to scientific realism. In the present paper it is shown that there indeed existed a realist faction within the logical empiricist movement. In particular, I shall point out that at least four types of realistic arguments can be distinguished within this faction: Reichenbach’s ‘probabilistic argument,’ Feigl’s ‘pragmatic argument,’ Hempel’s ‘indispensability argument,’ and Kaila’s ‘invariantist argument.’ All these variations of arguments are intended to prevent the logical empiricist agenda from the shortcomings of (...) radical positivism, instrumentalism, and other forms of scientific antirealism. On the whole, it will be seen that logical empiricism and scientific realism are essentially compatible with each other. Especially Kaila’s invariantist approach to science (and nature) comes quite close to what nowadays is discussed under the label ‘structural realism.’ This, in turn, necessitates a fundamental reevaluation of Kaila’s role in the logical empiricist movement in particular and in twentieth-century philosophy of science in general. (shrink)

We will also problematize the concept of subjectivity and its centrality as problematized by Marx himself. We will consider his counter-proposal to look at things objectively, but not in the positivist sense of objectivity. It is not akin to object-oriented ontology either, because it looks like it is merging the subject and the object or that there the object is treated from a subjective position. I will explain this particular idea in Marx and that will lead us to the (...) proposal I will present here which is a conceptualization of a self rather than a subject, which sort of integrates in itself the category of matter and the real (rather than physicality and the bodily which are of course included, as such is the Marxist concern). I am proposing a further formalization by way of using the category of the real. The real also includes matter in the non-philosophical sense. (shrink)

Certain puzzling cases have been discussed in the literature recently which appear to support the thought that knowledge can be obtained by way of deduction from a falsehood; moreover, these cases put pressure, prima facie, on the thesis of counter closure for knowledge. We argue that the cases do not involve knowledge from falsehood; despite appearances, the false beliefs in the cases in question are causally, and therefore epistemologically, incidental, and knowledge is achieved despite falsehood. We also show that (...) the principle of counter closure, and the concomitant denial of knowledge from falsehood, is well motivated by considerations in epistemological theory--in particular, by the view that knowledge is first in the epistemological order of things. (shrink)

Logical positivism is often characterized as a set of naive doctrines on meaning, method, and metaphysics. In recent decades, however, historians have dismissed this view as a gross misinterpretation. This new scholarship raises a number of questions. When did the standard reading emerge? Why did it become so popular? And how could commentators have been so wrong? This essay reconstructs the history of a “caricature” and rejects the hypothesis that it was developed by ill-informed Anglophone scholars who failed to (...) appreciate the subtleties of European scientific philosophy. It argues that the received view has a more complicated history and was frequently promoted by the European positivists themselves. The essay shows that the view has roots in both American and European scientific philosophy and emerged as a result of the complex interplay between the two communities in the years before the intellectual migration. (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)

In this paper, we investigate how the life and work of Louis Rougier relate to the broader political dimension of logical empiricist philosophy. We focus on three practical projects of Rougier in the 1930s and 1940s: first, his attempts to integrate French-speaking philosophers into an international network of scientific philosophers by organizing two Unity of Science conferences in Paris; second, his role in the renewal of liberalism through the organization of the Walter Lippmann Colloquium; and third, his attempts at political (...) negotiations between Great Britain and the Vichy regime during the Second World War. These activities of Rougier in the 1930s and 1940s have so far never been discussed as part of a unified project on his part. Based on our investigations of these practical projects of Rougier, we argue that his relation to logical empiricist philosophers should primarily be understood on the level of action. His projects aimed to proliferate the concrete improvement of society and the lives of its citizens by expunging all metaphysical questions and speculations from the sphere of social discourse. Rougier conceived logical empiricist philosophers as allies to achieve such practical effects in society. (shrink)

Within Michel Foucault’s own conceptualization of governmentality, there is little room for something like ‘ungovernable life’. The latter seems to hint at a form of social conduct beyond power-relations, which would offend Foucault’s basic philosophical postulates. I argue that this identification between governmentality and power as such demonstrates a one-sided focus on the history of Western power-relations. By opposing Foucault’s genealogy of governmentality to Ivan Illich’s critical history of government, I delineate indigenous struggles against governmentalization as a form of ungovernable (...) counter-conduct. Throughout his books from the 1970s to 1990s, Illich wrote a critical history of government surprisingly similar to Foucault’s, from the pastorate to modern political economy. However, rather than merely describing this history, Illich argued governmentalization alienated human beings from their autonomy. As a former missionary priest, he criticized the Church’s and modern governments’ attempts to subsume populations under a conduct of conducts. He advocated anticolonial resistance to subsumption under Western governmental regimes. In Illich’s appreciation of decolonized life, an ungovernable form of life can be discovered, which I defend with the example of Zapatismo and indigenous self-government through mandar obedeciendo. (shrink)

I distinguish several doctrines that economic methodologists have found attractive, all of which have a positivist flavour. One of these is the doctrine that preference assignments in economics are just shorthand descriptions of agents' choice behaviour. Although most of these doctrines are problematic, the latter doctrine about preference assignments is a respectable one, I argue. It doesn't entail any of the problematic doctrines, and indeed it is warranted independently of them.

What are the truth conditions of want ascriptions? According to an influential approach, they are intimately connected to the agent’s beliefs: ⌜S wants p⌝ is true iff, within S’s belief set, S prefers the p worlds to the not-p worlds. This approach faces a well-known problem, however: it makes the wrong predictions for what we call (counter)factual want ascriptions, wherein the agent either believes p or believes not-p—for example, ‘I want it to rain tomorrow and that is exactly what (...) is going to happen’ or ‘I want this weekend to last forever, but of course it will end in a few hours’. We solve this problem. The truth conditions for want ascriptions are, we propose, connected to the agent’s conditional beliefs. We substantiate this connection by pursuing a striking parallel between (counter)factual and non-(counter)factual want ascriptions on the one hand and counterfactual and indicative conditionals on the other. (shrink)

Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no (...) necessary connection between law and morality. Robert Alexy has argued, however, that the law, besides consisting conceptually of elements of authoritative issuance and social efficacy, necessarily lays a claim to substantial correctness, which is derived from analytical arguments. Furthermore, if this claim to substantial correctness necessarily requires the incorporation of moral elements into law, then the ‘necessary connection thesis’, as defended by non-positivism, can be justified. Some of the most significant objections to this sort of claim, stemming from the Anglo-American world, are those introduced by Joseph Raz. In his ‘Reply’ to Robert Alexy, Raz raises at least three interesting criticisms, including, first, the ambiguity of ‘legal theory in the positivistic tradition’, second, the indeterminate formulations of the ‘separation thesis’, and, third, the necessary claim of law to legitimate authority as a moral claim. As a point of departure, I will argue that Raz’s three criticisms are misleading. For they do not enhance our understanding of the genuine compatibility or incompatibility between legal positivism and non-positivism. Despite the frequently reformulated theses of legal positivism and the various kinds of opponents responding thereto, the essential divergence between legal positivism and non-positivism was and remains the answer to the question of the relation between law and morality. Furthermore, I will clarify that in the strictest sense there can be three and only three logically possible positions concerning the relation between law and morality: the connection between them is either necessary, or impossible (i. e. they are necessarily separate), or contingent (i. e. they are neither necessarily connected nor necessarily separate). The first position is non-positivistic, while the latter two positions are, indeed, both positivistic, but in different forms: one may be called ‘exclusive’ legal positivism, the other ‘inclusive’ legal positivism. I will continue by showing that these three positions stand to one another in the relation of contraries, not contradictories, and that, taken together, they exhaust the logically possible positions concerning the relation between law and morality, never mind the tradition or authority from which these positions are derived. Raz mentions, however, many changeable formulations of the separation thesis, which even leads him to acknowledge ‘necessary connections between law and morality’. One who is trying to understand legal positivism would no doubt be puzzled by this claim. Nevertheless, I will argue that this is an alternative strategy of legal positivism, and it points to naturalistically oriented view. Although this necessary separation between law and morality, understood naturalistically, strikes one as strengthening the separation, in the end it leads to a weakened notion of necessity. This weakened necessary separation thesis, however, cannot be justified through the so-called claim of the law to legitimate authority, defended by Raz, for it is difficult to answer the question of whether a normally justified but factual authority can gain legitimate authority. Finally, the necessary connection between law and morality in a strong sense can still be justified by the claim of law to correctness, as per Alexy’s argument. (shrink)

Due to their acceptance of the verifiability principle, the only way left for logical positivists to argue for the meaningfulness of religious language was to accept some sort of emotivistic conception of it or to reduce it to the description of religious attitude. The verifiability principle, however, suffers from some severe limitations that make it inadequate as a criterion for cognitive meaning. To resolve these problems, logical positivists gave up the requirement of conclusive verifiability and defended a sort of ‘liberalization’ (...) of the verifiability principle. Carnap’s confirmability criterion for cognitive meaning, which is a liberalized form of the verifiability principle, is compatible with an orthodox conception of religious language since, from a theistic perspective, the existence of God can be confirmed through our observational statements. (shrink)

Tainted political symbols ought to be confronted, removed, or at least recontextualized. Despite the best efforts to achieve this, however, official actions on tainted symbols often fail to take place. In such cases, I argue that political vandalism—the unauthorized defacement, destruction, or removal of political symbols—may be morally permissible or even obligatory. This is when, and insofar as, political vandalism serves as fitting counter-speech that undermines the authority of tainted symbols in ways that match their publicity, refuses to let (...) them speak in our name, and challenges the derogatory messages expressed through a mechanism I call derogatory pedestalling: the glorification or honoring of certain individuals or ideologies that can only make sense when members of a targeted group are taken to be inferior. (shrink)

A key question in the philosophy of logic is how we have epistemic justification for claims about logical entailment (assuming we have such justification at all). Justification holism asserts that claims of logical entailment can only be justified in the context of an entire logical theory, e.g., classical, intuitionistic, paraconsistent, paracomplete etc. According to holism, claims of logical entailment cannot be atomistically justified as isolated statements, independently of theory choice. At present there is a developing interest in—and endorsement of—justification holism (...) due to the revival of an abductivist approach to the epistemology of logic. This paper presents an argument against holism by establishing a foundational entailment-sentence of deduction which is justified independently of theory choice and outside the context of a whole logical theory. (shrink)

Nietzsche’s favourable comments about science and the senses have recently been taken as evidence of naturalism. Others focus on his falsification thesis: our beliefs are falsifying interpretations of reality. Clark argues that Nietzsche eventually rejects this thesis. This article utilizes the multiple ways of being science friendly in Nietzsche’s context by focussing on Mach’s neutral monism. Mach’s positivism is a natural development of neo-Kantian positions Nietzsche was reacting to. Section 15 of Beyond Good and Evil is crucial to Clark’s (...) interpretation. The presented interpretation makes better sense of this passage and shows that Nietzsche can accept both falsification and empiricism. (shrink)

The received view in the history of the philosophy of psychology is that the logical positivists—Carnap and Hempel in particular—endorsed the position commonly known as “logical” or “analytical” behaviourism, according to which the relations between psychological statements and the physical-behavioural statements intended to give their meaning are analytic and knowable a priori. This chapter argues that this is sheer legend: most, if not all, such relations were viewed by the logical positivists as synthetic and knowable only a posteriori. It then (...) traces the origins of the legend to the logical positivists’ idiosyncratic extensional or at best weakly intensional use of what are now considered crucially strongly intensional semantic notions, such as “translation,” “meaning” and their cognates, focussing on a particular instance of this latter phenomenon, arguing that a conflation of explicit definition and analyticity may be the chief source of the legend. (shrink)

The West German positivist dispute in the 1960s is well known and thoroughly studied. At about the same time positivist disputes also took place in two Scandinavian countries: one in Norway and one in Sweden. What did the front lines in the debate look like in the three countries? What was the outcome of the different disputes? The main focus in the article is on the Swedish case, but some comparative perspectives relating to the three disputes will also be presented. (...) The Swedish positivist dispute originated with Gerard Radnitzky’s doctoral dissertation in theory of science, defended at the University of Gothenburg in May 1968, Contemporary Schools of Metascience (2 volumes). The dissertation caused a stir of controversy. It meant a challenge to the Swedish philsophical establishment because it leaned heavily on continental philosophers such as Karl-Otto Apel and Jürgen Habermas, who at the time were more or less unknown in Sweden. The controversy was continuated in the following years, most notably in the leftist journal Häften för kritiska studier (Notebooks for Critical Studies). (shrink)

In this paper, I present a counter-example to the two most prominent theories of pragmatic encroachment (regarding knowledge ascriptions): Contextualism (specifically, DeRose's version), and Stanley's Subject-Sensitive Invariantism (SSI). The example is a variation on DeRose's bank case. -/- Key words: Knowledge, knowledge ascriptions, pragmatic encroachment, Stanley, DeRose, bank case, standards, stakes.

A general consensus has emerged in the scholarship on Latin American thought dating from the latter half of the nineteenth century through the first quarter of the twentieth. Latin American intellectuals widely adapted the European philosophy of positivism in keeping with the demands of their own social and political contexts, effectively making positivism the second most important philosophical tradition in the history of Latin America, after scholasticism. However, as thinkers across Latin America faced the challenges of the twentieth (...) century, they grew increasingly disappointed with positivism, so that “anti-positivism” stands out as a defining feature of Latin American philosophy in the early twentieth century. In this essay, I challenge or at least add nuance to this widely accepted narrative by demonstrating considerable continuity rather than simple rupture between positivism and “anti-positivism” in Latin America. I focus on Mexico, where both positivism and the reaction against it are generally taken to have been strongest, or at least most politically significant. After tracing the history of positivism’s transformations in Mexico from Auguste Comte (1798-1857) to Gabino Barreda (1818-1881) to Justo Sierra (1848-1912), I show how Mexico’s leading “anti-positivist” philosophers—José Vasconcelos (1882-1959) and Antonio Caso (1883-1946)—draw substantially upon their positivist predecessors. (shrink)

In this paper I explore a positivist methodological tradition in early demand theory, as exemplified by several common traits that I draw from the works of V. Pareto, H. L. Moore and H. Schultz. Assuming a current approach to explanation in the social sciences, I will discuss the building of their various explanans, showing that the three authors agreed on two distinctive methodological features: the exclusion of any causal commitment to psychology when explaining individual choice and the mandate to test (...) the truth of demand theory on aggregate data by statistical means. However, I also contend, from an epistemological point of view, that the truth of demand theory was conceived of in three different ways by our authors. Inspired by Poincaré, Pareto assumed that many different theories could account for the same data on individual choice, coming close to a kind of conventionalism -though I prefer to refer to this position as theoreticism. Moore was himself akin to Pearson's approach, which could be named descriptivist insofar as it resolved scientific laws into statistical descriptions of the data. Finally, Schultz tried to reconcile both approaches in an adequationist stance with no success, as we shall see. (shrink)

Recently, there have been several attempts to generalize the counterfactual theory of causal explanations to mathematical explanations. The central idea of these attempts is to use conditionals whose antecedents express a mathematical impossibility. Such countermathematical conditionals are plugged into the explanatory scheme of the counterfactual theory and—so is the hope—capture mathematical explanations. Here, I dash the hope that countermathematical explanations simply parallel counterfactual explanations. In particular, I show that explanations based on countermathematicals are susceptible to three problems counterfactual explanations do (...) not face. These problems seriously challenge the prospects for a counterfactual theory of explanation that is meant to cover mathematical explanations. (shrink)

Infallibilism is commonly rejected because it is apparently subject to easy counter-examples. I describe a strategy that infallibilists can use to resist this objection. Because the sentences used in the counter-examples to express evidence and belief are context-sensitive, the infallibilist can insist that such counter-examples trade on a vacillation between different readings of these sentences. I describe what difficulties await those who try to produce counter-examples against which the proposed strategy is ineffective.

Forensics is proposed as a means to understand, trace, and recompile data and computational activities. It has a securitocratic dimension and one that is being developed as a means of opening processes, events and systems into a more public state. This article proposes an analysis of forces at play in the circulation of a ‘screener’ of Quentin Tarantino’s The Hateful Eight and associated files, to suggest that forensic approaches used to control flows of data may be repurposed for dis­semination. The (...) article maps a brief history of digital forensics and sets out some of its political entailments, indicating further lines of enquiry regarding the inter-relation of technosocial powers constituted in the interactions between forensics and coun­ter-measures. The article proposes that the posthumanities are partially constituted by a renewed relationship between questions of culture, subjectivity, knowledge and the technical. Some propositions for the technical as grounds for cultural politics are made. (shrink)

By the lights of a central logical positivist thesis in modal epistemology, for every necessary truth that we know, we know it a priori and for every contingent truth that we know, we know it a posteriori. Kripke attacks on both flanks, arguing that we know necessary a posteriori truths and that we probably know contingent a priori truths. In a reflection of Kripke's confidence in his own arguments, the first of these Kripkean claims is far more widely accepted than (...) the second. Contrary to received opinion, the paper argues, the considerations Kripke adduces concerning truths purported to be necessary a posteriori do not disprove the logical positivist thesis that necessary truth and a priori truth are co-extensive. (shrink)

A counter analysis of David Chalmers' claims about the possibility of mind uploading within the context of the Singularity event.

The object of this paper is to elaborate an understanding of Islamic law and legal theory in terms of the conceptual framework provided by Legal Positivism. The study is not based on denying or contesting the claim of Islamic law to being of divine origin; rather, it is based on the historical reality of Islamic law as part of a (once) living legal tradition, with structure, method, and theory, regardless of claims of origin. It will be suggested that Ash‘arism (...) may be taken as providing an Islamic version of Legal Positivism, and that the objections which Mu‘tazilism raised in the face of Ash‘arism were not different in substance from some of the objections that have been directed at contemporary Legal Positivism. It will also be suggested that the Ash‘arites and the Mu‘tazilites were not opposed to each other in the way they are commonly supposed to have been. Rather, they were preoccupied with different notions of what it is to be obliged (to have an obligation) to do something. (shrink)

In this paper, I look at Susan Stebbing’s articles and reviews that critically engage logical positivism. These appeared before the publication of A.J. Ayer’s Language, Truth and Logic and helped shape the early British reception of logical positivism. I highlight Stebbing’s adoption of G.E. Moore’s tripartite distinction between knowing a proposition, understanding it, and giving an analysis of it and, in light of this distinction, her focus on whether the principle of verifiability can ground a plausible account of (...) communication. Stebbing thinks not, and I reconstruct her reasons, as well as her own account of communication. In doing this, I relate her criticisms to her rejection of methodological solipsism and her dissatisfaction with the logical positivist treatment of statements about other minds and the past. I also argue that Stebbing’s work provides a bridge to later criticisms of logical positivism from ordinary language philosophers. Foregrounding Stebbing’s engagement with logical positivism, especially her focus on communication, paints a fuller picture of how the logical positivists came to be part of analytic philosophy despite having different concerns than many of the British philosophers engaging their work. (shrink)

This chapter presents Gustave Flaubert’s Madame Bovary and Samuel Beckett’s Trilogy as modern fictions with ancient-skeptical ambitions. Whether in the affective domain (Flaubert) or in the cognitive (Beckett), the aim is to help the reader achieve a position of studied neutrality—ataraxia, époché—thanks not to an a priori decision but to the mutual cancellation of opposing tendencies. Understanding Flaubert and Beckett in this way allows us, first, to enrich our sense of what “catharsis” may involve; second, to see why the apparently (...) odious Charles, in Madame Bovary, suddenly becomes a deeply touching figure; and third, to recognize the severe limitations of empathy-based moralist theories of fiction. (shrink)

This article compares and contrasts the reception of Comte’s positivism in the works of William Whewell, John Stuart Mill and Franz Brentano. It is argued that Whewell’s rejection of positivism derives from his endorsement of a constructivist account of the inductive sciences, while Mill and Brentano’s sympathies for positivism are connected to their endorsement of an empiricist account. The mandate of the article is to spell out the chief differences between these two rival accounts. In the last, (...) conclusive section, Whewell’s anti-positivist argument is briefly assessed, and rebutted. (shrink)

Plays, symphonies and other works in the performing arts are generally regarded, ontologically speaking, as being types, with individual performances of those works being regarded as tokens of those types. But I show that there is a logical feature of type theory which makes it impossible for such a theory to satisfactorily explain a 'double performance' case that I present: one in which a single play performance is actually a performance of two different plays. Hence type theories fail, both for (...) plays and for the related performing art of music as well. (shrink)

This article distinguishes between Machian empiricism and the logical positivism of the Vienna Circle and associated philosophers. Mach's natural philosophy was a first order attempt to reform and reorganize physics, not a second order reconstruction of the "language" of physics. Mach's elements were not sense data but realistic events in the natural world and in minds, and Mach admitted unobserved elements as part of his world view. Mach's critique of metaphysics was far more subtle and concerned the elimination of (...) sensory visual imagery from natural science, leaving only concrete elements and functions, very much an inspiration to the young Einstein and Heisenberg and a useful engine of theory construction in physics. (shrink)

The hypothesis of this paper is that legal positivism depends on the non plausibility of strong moral cognitivism because of the non necessary connection thesis between law and morality that legal positivism is supposed to acknowledge. The paper concludes that only when based on strong moral cognitivism is it consistent to sustain the typical non-positivistic thesis of the necessary connection between law and morality. Habermas’s Philosophy of law is confronted with both positions.

With his contribution on "The Natural Law in the American Tradition," Judge Diarmuid O'Scannlain has begun the indispensable task of laying the groundwork for sound jurisprudential reasoning in the natural law tradition. It is on the basis of this groundwork that we can begin to appreciate what natural law reasoning might mean, and what it does not mean, for contemporary American legal thinking. More specifically, it is on the basis of this groundwork that one can begin to articulate what might (...) be called a "third way" of jurisprudential reasoning. This "third way" would steer clear of two opposed and equally problematic jurisprudential views; that is, it would steer clear of what we might call "standard legal positivism" (on the one hand), and (on the other hand) what Judge O'Scannlain calls the "aggressive" natural law jurisprudence of some contemporary theorists. (shrink)

In the second half of the nineteenth century, many Latin American intellectuals adapted the philosophy of positivism to address the pressing problems of nation-building and respond to the demands of their own social and political contexts, making positivism the second most influential tradition in the history of Latin American philosophy, after scholasticism. Since a comprehensive survey of positivism’s role across Latin American and Latinx philosophy would require multiple books, this chapter presents the history of positivism and (...) its transformations in Mexican and Chicanx philosophies, proceeding chronologically and focusing on these representative thinkers: Auguste Comte (1798-1857), Gabino Barreda (1818-1881), Justo Sierra (1848-1912), José Vasconcelos (1882-1959), Antonio Caso (1883-1946), and Gloria Anzaldúa (1942-2004). We pay special attention to how positivism was used to build the Mexican nation and reconstruct Mexican identity through education, creating philosophical debates about the relationships among science, religion, morality, education, race, economic progress, and national development. These debates continue to resonate as we think critically about the respective roles of scientific education—then called “positive” education, now “STEM” education—and moral education in the curricula used to educate a country’s youth while reconstructing their ethnoracial and national identities. (shrink)

There is a need to rapidly assess the impact of new technology initiatives on the Counter Improvised Explosive Device battle in Iraq and Afghanistan. The immediate challenge is the need for rapid decisions, and a lack of engineering test data to support the assessment. The rapid assessment methodology exploits available information to build a probabilistic model that provides an explicit executable representation of the initiative’s likely impact. The model is used to provide a consistent, explicit, explanation to decision makers (...) on the likely impact of the initiative. Sensitivity analysis on the model provides analytic information to support development of informative test plans. (shrink)

This interdisciplinary paper identifies principles of an affluent country (im)migration policy that avoids: (1) the positivist inclusion/exclusion mechanism of liberalism and communitarianism; and (2) the idealism of most cosmopolitan (im)migration theories. First, I: (a) critique the failure of liberalism and communitarianism to consider (im)migration under distributive justice; and (b) present cosmopolitan (im)migration approaches as a promising alternative. This paper’s central claim is that cosmopolitan (im)migration theory can determine normative shortcomings in (im)migration policy by coupling elements of Frankfurt School methodology to (...) case studies of (im)migration regimes. Lastly, I apply this analytical procedure to recent special changes in Spanish and UK immigration law. (shrink)

This thesis focuses on a philosophical analysis of literature. The central question is: when making moral choices in a forced labor camp, what options remain? Hannah Arendt has written about the forced labor, concentration and extermination camps as the central institutions of totalitarianism, where the project of complete destruction of unwanted human beings is carried out; the end result is the removal of spontaneity and uniqueness in people. We join Arendt’s insights with those of Richard Rorty who employed the concept (...) of unmaking a person’s world in his discussion of Orwell’s 1984. A synthesis of their ideas highlights the importance of language and the freedom of narrativity for countering the elimination of spontaneity (Rorty emphasized the importance of redescription). Chapter 3 uses this synthesis for analyzing the Gulag stories of an Estonian writer, Jaan Kross. Our reading of the stories “Vürst” and “Halleluuja” outlines the concept of playfulness which employs independent redescription of the characters themselves and the situation, and upholds the inmates’ freedom of narrativity and spontaneity. This playfulness emerges in theatricality, bravura, distance from the situation and its script (the distance-keeping has a notable parallel to Rorty’s concept of irony), enacting the unexpected, and playing with risks and possibilities. (shrink)

T. M. Scanlon’s contractualism attempts to give an account of right and wrong in terms of the moral code that could not be reasonably rejected. Reasonable rejectability is then a function of what kind of consequences the general adoption of different moral codes has for different individuals. It has been shown that moral codes should be compared at a lower than 100% level of social acceptance. This leads to the counter-culture challenge. The problem is that the cultural background of (...) the individuals who have not internalized the majority code affects the consequences of the codes and furthermore there does not seem to be a non-arbitrary way of choosing the minority cultures. This chapter first surveys and critically evaluates different responses to this challenge. It then outlines a version of ‘Real World Contractualism’, which offers the best response to the counter-culture challenge. (shrink)

Infusing contemporary critical terrorism studies (CTS) with concepts and methodologies from philosophy and critical theory via a Baradian posthumanist agential realist perspective and (counter)terrorist cases and vignettes, this chapter argues for a retheorisation of (counter)terrorism. It does so, firstly, by reconceptualising terrorism and counterterrorism as complex assemblages consisting not only of discursive-material components – an entanglement now largely accepted within CTS and critical security studies (CSS) – but also of affective layers and more-than-human phenomena. Secondly, by analysing European (...) urban (counter)terrorist cases from the UK, Germany, France, and Spain, together with these cases’ surprising spacetime-jumping interlinkages underwriting what we here conceptualise as queer(ing) spacetimematterings, this chapter zooms in on the intra-actions taking place between human and more-than-human agential phenomena and their risk-managed urban environments. Lastly, extra analytical attention is paid to how, in this neoliberal day and age – here rephrased as control society-driven ‘situationscaping times’ – very specific macro- and micropolitical violence-preventing measures and efforts are employed in the fight against various manifestations of urban terror and terrorism. (shrink)