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)

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)

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.

Neo-positivism is the view that metaphysical questions completely decompose into ordinary empirical questions that can be answered by scientific enquiry (empirical) or ordinary logical or modal questions, which can be answered by appeal to a metaphysically innocent modalism (modal innocence) or questions that are non-factual, that is questions that are such that the world does not provide the question with a determinate answer (nonfactualism). -/- There is much to like about this book. It forcefully, and at times compellingly, presents (...) a new vision of metaphysics. It forces us to re-engage with questions about what we are doing when we do metaphysics, and presents a startling different picture to many that have emerged in recent times. Rather than conceiving of metaphysics as the search for the fundamental joints of reality, or for those things that give rise to the non-fundamental things we see around us, it argues for a quite different approach. (shrink)

Analytic philosophy and phenomenology represent two major movements in the study of the mind. Both developed in the twentieth century, having roots that go back well before. Even though the two schools of thought have been in dialogue in the past, they are currently at an impasse. In this paper, I examine the origin of this impasse and suggest that at a crucial point in the conversation, right when the issues were clearly articulated and there was broad agreement on the (...) key questions, analytic philosophy abruptly changed the subject. Early analytic philosophers, like Carnap and Schlick, sought to establish a sharp distinction between the objective content of one’s claims and beliefs and what is merely subjective or perspectival. Phenomenologists denied this distinction. When efforts to defend the distinction failed, analytic philosophy took the distinction to be obvious and in no need of defense. I call this a shocking non sequitur. (shrink)

This essay critiques the return to objects posited by certain new materialisms, most specifically the speculative realism of Harman, Meillassoux and Brassier. It argues that their “non-relational” and “autonomous” ontology represents a neo-positivist conception of reality. In place of such an atomistic ontology, I will suggest that the new materialisms develop a more productive, “non-reductive materialism”—a term drawn from analytic philosophy of mind. I will interpret Merleau-Ponty and Jean-Luc Nancy as crucial examples of such a materialism on the continental side. (...) Rather than being based on the non-relational innerness of an object, this position instead takes into account matter’s fundamentally extended nature. Confirmed by examples such as the growing evidence for neuroplasticity, the externalist, non-reductive view advances the new materialist argument that matter is “agentive” and “active” rather than “mechanic” and “passive,” without slipping into an anti-social-constructionist biologism or behaviorism. (shrink)

The concept of human dignity has been criticized as either too thick or too thin. However, according to the non-positivistic standpoint, the legal normativity of human dignity can be justified and thus strengthened by means of its moral correctness. From the individual perspective, Mencius’ understanding of human dignity as an intrinsic value and Kant’s formula of ‘man as an end in itself’ can be adequately understood based on the differentiation of, as well as the connection between, principium diiudicationis and principium (...) executionis, between will and choice, and between homo phaenomenon and homo noumenon (that is, ‘humanity in the personality’). From the social perspective, since the dual dimensions of the individual and the social person are both fictive constructions, even Radbruch, once as a supporter of social law, has not replaced the concept of ‘legal person’ and, in the post-War period, acknowledges individualistic human dignity as the criterion for applying the famous ‘disavowal formula’. On the one hand, human dignity shows at least a weak normative character, which requires, firstly, balancing between the exercise of state powers and the constitutional review under the guidance of the dual dimensions of man and, secondly, optimization of the principle of human dignity in individual cases. On the other hand, through the necessary connection between the concept of dignity and that of personality, human dignity can exhibit a strong normative character, which unavoidably requires a metaphysical justification. (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)

The aim of this paper is to argue in favor of the idea that it is possible not only to give a special place to reason in our life and in society, but also to offer an integrative rational framework, in in which human ends and goals find their rational expression. The text has three parts. The first describes Alfred Schutz's practical-hermeneutical approach to law and normativity, while making room for a subjective practice of reason. The second proposes to reveal, (...) through the description of knowledge in the world of ordinary life, a form of rationality which offers us practical but consistent ways of making a decision. Ultimately, the third aims at the practical-hermeneutical reconstruction of the law, in order to integrate into the core of legal reasoning references to ends and purposes without prejudicing the objectivity of the reasoning itself. The study aims to make a contribution to the problem of dedifferentiation and positivism of practice in the modern world. Le but de ce papier est d’argumenter en la faveur de l’idée qu’il est possible non seulement de donner une place particulière à la raison dans notre vie et dans la société, mais aussi d’offrir un cadre rationnel intégratif, dans lequel les fins et buts humains trouvent leur expression rationnelle. Le texte comporte trois parties. La première décrit l’approche pratique-herméneutique d’Alfred Schutz à l’égard de la loi et de la normativité, tout en faisant place à une pratique subjective de la raison. La deuxième se propose de dévoiler, à travers la description de la connaissance dans le monde de la vie ordinaire, une forme de rationalité qui nous offre des voies pratiques mais consistantes de prendre une décision. En fin de compte, la troisième vise la reconstruction pratique-herméneutique de la loi, afin d’intégrer dans le noyau du raisonnement légal des références à des fins et buts sans porter préjudice à l’objectivité du raisonnement lui-même. L’étude veut apporter une contribution au problème de la dédifférenciation et du positivisme pratique dans le monde moderne. (shrink)

This essay explores Kaila's interpretation of the special theory of relativity. Although the relevance of his work to logical empiricism is well-known, not much has been written on what Kaila calls the ‘Einstein-Minkowski invariance theory’. Kaila's interpretation focuses on two salient features. First, he emphasizes the importance of the invariance of the spacetime interval. The general point about spacetime invariance has been known at least since Minkowski, yet Kaila applies his overall tripartite theory of invariances to space, time and spacetime (...) in an original way. Second, Kaila provides a non-conventionalist argument for the isotropic speed of electromagnetic signals. The standard Einstein synchrony is not a mere convention but a part of a larger empirical theory. According to Kaila's holistic principle of testability, which stands in contrast to the theses of translatability and verification, different items in the theory cannot be sharply divided into conventional and empirical. Kaila's invariantism/non-conventionalism about relativity reflects an interesting case in the gradual transition from positivism to realism within the philosophy of science. (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)

In disputes about conceptual analysis, each side typically appeals to pre-theoretical 'intuitions' about particular cases. Recently, many naturalistically oriented philosophers have suggested that these appeals should be understood as empirical hypotheses about what people would say when presented with descriptions of situations, and have consequently conducted surveys on non-specialists. I argue that this philosophical research programme, a key branch of what is known as 'experimental philosophy', rests on mistaken assumptions about the relation between people's concepts and their linguistic behaviour. The (...) conceptual claims that philosophers make imply predictions about the folk's responses only under certain demanding, counterfactual conditions. Because of the nature of these conditions, the claims cannot be tested with methods of positivist social science. We are, however, entitled to appeal to intuitions about folk concepts in virtue of possessing implicit normative knowledge acquired through reflective participation in everyday linguistic practices. (shrink)

We argue that Maclaurin and Dyke's recent critique of non-naturalistic metaphysics suffers from difficulties analogous to those that caused trouble for earlier positivist critiques of metaphysics. Maclaurin and Dyke say that a theory is naturalistic iff it has observable consequences. Depending on the details of this criterion, either no theory counts as naturalistic or every theory does.

The motivating question of this paper is: ‘How are our beliefs in the theorems of mathematics justified?’ This is distinguished from the question ‘How are our mathematical beliefs reliably true?’ We examine an influential answer, outlined by Russell, championed by Gödel, and developed by those searching for new axioms to settle undecidables, that our mathematical beliefs are justified by ‘intuitions’, as our scientific beliefs are justified by observations. On this view, axioms are analogous to laws of nature. They are postulated (...) to best systematize the data to be explained. We argue that there is a decisive difference between the cases. There is agreement on the data to be systematized in the scientific case that has no analog in the mathematical one. There is virtual consensus over observations, but conspicuous dispute over intuitions. In this respect, mathematics more closely resembles stereotypical philosophy. We conclude by distinguishing two ideas that have long been associated -- realism (the idea that there is an independent reality) and objectivity (the idea that in a disagreement, only one of us can be right). We argue that, while realism is true of mathematics and philosophy, these domains fail to be objective. One upshot of the discussion is that even questions of fundamental physics may fail to be objective in roughly the sense that the question, ‘Is the Parallel Postulate is true?’, understood as one of pure mathematics, fails to be. Another is a kind of pragmatism. Factual questions in mathematics, modality, logic, and evaluative areas go proxy for non-factual practical ones. -/- . (shrink)

The article discusses Friedman's classic claim that economics can be based on irrealistic assumptions. It exploits Samuelson's distinction between two "F-twists" (that is, "it is an advantage for an economic theory to use irrealistic assumptions" vs "the more irrealistic the assumptions, the better the economic theory"), as well as Nagel's distinction between three philosophy-of-science construals of the basic claim. On examination, only one of Nagel's construals seems promising enough. It involves the neo-positivistic distinction between theoretical and non-theoretical ("observable") terms; so (...) Friedman would in some sense argue for the major role of theoretical terms in economics. The paper uses a model-theoretic apparatus to refine the selected construal and check whether it can be made to support the claim. This inquiry leads to essentially negative results for both F-twists, and the final conclusion is that they are left unsupported. (shrink)

Literature reviews have traditionally been a simple exercise in reporting the current relevant research, both to provide an overview of the current status of the field, and perhaps to draw attention to controversies. From the perspective of positivist research traditions, it was important to neutrally report all the relevant research, which was assumed to be foundational. In this article, written for the Applied Critical Realism special issue of Journal of Critical Realism, I use my own research to illustrate how a (...) literature review might look if it were non-foundational and guided by the principles of immanent critique. Immanent critique is central to Bhaskar’s philosophical methodology but has not been much applied in critical realist empirical research. Following a brief introduction to immanent critique, its history and relation to other ways of grounding knowledge, an excerpt from a literature review is used as backdrop for an extended discussion about various potential applications, and impl... (shrink)

During the late 1930s, the failed attempt at collaboration between the Frankfurt School and the Vienna Circle culminated in Horkheimer’s 1937 paper ‘The Latest Attack on Metaphysics’. Horkheimer ([1937] 1972), relying on a caricature of positivism as espousing an uncritical myth of the given, drew far-reaching conclusions concerning positivism’s conservative prohibition of the radical questioning of appearances. Horkheimer (1940) later applied some of these criticisms to Dilthey’s conception of Verstehen, while presenting Logical Empiricism as dismissing Dilthey’s proposals nothing (...) more than poetry. By examining Neurath’s unpublished reply to Horkheimer, and drawing on Uebel’s (2019) account of Logical Empiricism’s stance towards Verstehen, this chapter will attempt to dispel Horkheimer’s caricature. I will highlight a parallel between Neurath’s attitude towards (i) claims about Verstehen in social science and (ii) Horkheimer’s proposals for the use of Vernunft by a ‘supra-scientific’ Critical Theory. Neurath argues that once Horkheimer’s objections to ‘positivism’ are reformulated in non-metaphysical terms, they point towards a genuine problem concerning science’s relation to social praxis. For Neurath, the problem can be addressed from within (rather than, as Horkheimer would have it, from above) empirically-minded investigations in the history and sociology of science. (shrink)

What do religious statements tell us? The epistemology of statements to which believers dedicate their lives is of critical importance. Richard Bevan Braithwaite (1900-1990), who considers the statements of religion from a non-cognitive but conative perspective, thinks that even if the religious statements cannot be verified, they can be empirically meaningful. This meaning is analogical, drawing policy of life like in moral judgments. According to Braithwaite, these statements have no truth value as in science; the stories told in a religious (...) language only psychologically support the person to maintain the lifestyle. In short, Braithwaite eliminates the cognitive dimension of religious statements by focusing on the conative aspect. Thus, he tries to make religion meaningful so as not to get caught in the verification principle. We aim to analyze Braithwaite's theory of moral interpretation of religious language. In the introduction part of our study, we will explain the dominant paradigm of the period between 1920-1955 to reveal the reasons that prepared Braithwaite for his empiricist approach to religious belief. In this way, we will handle the verification principle, which is the cornerstone of logical positivism. Afterward, we will try to evaluate Braithwaite's ideas on the moral interpretation of the religious statements under two titles. First of all, we will try to answer from Braithwaite's point of view why religious statements cannot pass the verification test. For this, we will present the reasons for not including religious expressions in the empirical, hypothetical, and analytical categories, respectively, and we will present our criticisms. In the second part, we will find an answer to the question of where the religious statements will take place. We will touch on Braithwaite's effort to make religious expressions meaningful by charging functionality, and we will evaluate the criticisms. Afterward, we will discuss the similarities and differences between religious and moral statements and examine the problems that may arise due to Braithwaite's theory. In addition, we will evaluate Braithwaite's attitude concerning the religious stories and the criticisms toward him to distinguish religions with the same moral action. As a result, we will reveal Braithwaite's perspective on the subjectivity of religious belief and point out the possible drawbacks in terms of theism. (shrink)

Formal criteria of theoretical equivalence are mathematical mappings between specific sorts of mathematical objects, notably including those objects used in mathematical physics. Proponents of formal criteria claim that results involving these criteria have implications that extend beyond pure mathematics. For instance, they claim that formal criteria bear on the project of using our best mathematical physics as a guide to what the world is like, and also have deflationary implications for various debates in the metaphysics of physics. In this paper, (...) I investigate whether there is a defensible view according to which formal criteria have significant non-mathematical implications, of these sorts or any other, reaching a chiefly negative verdict. Along the way, I discuss various foundational issues concerning how we use mathematical objects to describe the world when doing physics, and how this practice should inform metaphysics. I diagnose the prominence of formal criteria as stemming from contentious views on these foundational issues, and endeavor to motivate some alternative views in their stead. (shrink)

This project investigates naturalized metaphysics as a recent trend in analytic metaphysics originating in the naturalist attitude of James Ladyman and Don Ross in their seminal work Everything must Go: Metaphysics Naturalized (2007). The primary focus, however, will be the more recent article “Neo-Positivist Metaphysics” (2012) by Alyssa Ney that originates in this tradition. The project will conclude that naturalized metaphysics is an unsuccessful attempt at an answer to the question ’how is metaphysics possible’. More precisely, the project will establish (...) that any answer to this question must instruct how to succeed at attempts at assertions about the Kantian thing in itself. This requirement is the result of an argument that no other conception of ’reality’ is robust enough to accommodate an ambitious metaphysics. Subsequently, it will be argued that naturalized metaphysics is conceived by its proponents as an attempt at such an answer, but that naturalized metaphysics does not provide the required instruction. This problem occurs because of Carnap’s challenge to metaphysics. Carnap observes that no assertion can be made outside a linguistic framework which has the consequence that metaphysical assertions must be about the conceptual conventions of the linguistic framework rather than the thing in itself. It is the view of Ney and the other proponents of naturalized metaphysics that metaphysics is possible as a naturalized metaphysics; a metaphysics that appropriately defers or yields to the findings of science. The project argues that this requirement does nothing to ensure that Carnap’s challenge is avoided. The challenge is equally significant to naturalized and non-naturalized metaphysics, so long as both require that successful attempts at metaphysics must be assertions about the thing in itself. -/- The project concludes that until or unless Carnap’s challenge is refuted, naturalized metaphysics remain impossible, just like the metaphysics it is supposed to replace. (shrink)

In this article I challenge the positivist view that ethical statements are merely an expression of our emotions or preferences. I consider a moral statement, “Killing innocent civilians is wrong,” and argue that such a statement is a truthful moral norm. I show that what is fundamental to agreement in the realm of both facts and morals is a commonly shared attitude that determines human relatedness to the world. Scientific knowledge is a partial knowledge based on indifference, the state of (...) mind that constitutes scientific attitude. However, knowledge in morals does not presuppose indifference, but love. Once we accept that our thoughts and feelings are not incommunicable, we can arrive at inter-subjective and non-objective moral knowledge which results from our recognition of others as persons and our affective engagement with the world. (shrink)

This paper calls into question the growing tendency of quasi-absolutism within postmodern mainstream media discourse under the guise of objectivity. The tendency’s major aim is to ascribe more believability to its discourse by re-presenting that which it covers as the vehicle of objective truth to the mainstream audience. Two interweaving discourses have marked such objectivity: one in the form of indoctrinating and omnipresent narratives, which via effective propaganda become tantamount to ritualism, the other epitomised in the nostalgia for rationalisation, already (...) inherent in western positivist thought through the exponential increase of quasi-empiricism. Accordingly, what the media cover exists. What they do not remains in the order of myth. The article starts by rethinking objectivity within modern western academia, a discourse whose objectivity is already flawed from within. Then, with respect to human experience and media coverage, the paper concludes by raising the question of postmodern mainstream media’s substitution of religious quasi-absolutist narratives, be they secular or non-secular. Subjectivity thus emerges as the ultimate ground upon which our being may be legitimate. (shrink)

If the defenders of typical postmodern accounts of science (and their less extreme social-constructivist partners) are at one end of the scale in current philosophy of science, who shall we place at the other end? Old-style metaphysical realists? Neo-neo-positivists? ... Are the choices concerning realist issues as simple as being centered around either, on the one hand, whether it is the way reality is “constructed” in accordance with some contingent language game that determines scientific “truth”; or, on the other hand, (...) whether it is the way things are in an independent reality that makes our theories true or false? If, in terms of realism, “strong” implies “metaphysical” in the traditional sense, and “weak” implies “non-absolutist” or “non-unique”, what – if anything – could realism after Rorty's shattering of the mirror of nature still entail? In accordance with my position as a model-theoretic realist, I shall show in this article the relevance of the assumption of an independent reality for postmodern (philosophy of) science – against Lyotard's dismissal of the necessity of this assumption for science which he interprets as a non-privileged game among many others. I shall imply that science is neither the “child” of positivist philosophy who has outgrown her mother, freeing herself from metaphysics and epistemology, nor is science, at the other end of the scale, foundationless and up for grabs. S. Afr. J. Philos. Vol.22(3) 2003: 220–235. (shrink)

Several recent works in history and philosophy of science have re-evaluated the alleged opposition between the theses put forth by logical empiricists such as Carnap and the so-called "post-positivists", such as Kuhn. Although the latter came to be viewed as having seriously challenged the logical positivist views of science, recent authors (e.g., Friedman, Reisch, Earman, Irzik and Grünberg) maintain that some of the most notable theses of the Kuhnian view of science have striking similarities with some aspects of Carnap's philosophy. (...) Against that reading, Oliveira and Psillos argue that within Carnap's philosophy there is no place for the Kuhnian theses of incommensurability, holism, and theory-ladenness of observations. This paper presents each of those readings and argues that Carnap and Kuhn have non-opposing views on holism, incommensurability, the theory-ladenness of observations, and scientific revolutions. We note at the very end - without dwelling on the point, however - that they come apart on other matters, such as their views on metaphysics and on the context of discovery/justification distinction. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Central to this chapter is a basic philosophical concept of the nature of modern science which exists amongst positivists, like Auguste Comte, who rejects as illegitimate all that cannot be directly observed in the investigation and study of any subject. Our daily experience of the nature of science continues to give us reasons to unlearn what can be considered as prejudices and errors in our conception of the nature of science. Consequently, the question "what is the nature of modern science?" (...) still perplexes us, and the answers we provide to this question often reveal how distorted our vision of history and thought has become over the years. This chapter shall, via the method of critical analysis in philosophy pass through Comte's three stages of arriving at the truth. This approach rejects as non-scientific all that cannot be directly observed in the investigation and study of any subject against Whitehead's approach in which he tries to make a “dispassionate consideration of the nature of things, antecedently to any special investigation into their details”. This is a standpoint Whitehead terms “metaphysical.” This explains why he developed a comprehensive metaphysical system for the understanding of science, society, and self as found in his major texts. In this light, science cannot be done without taking metaphysics into account. (shrink)

These are the first two chapters from a monograph (The Time Flow Manifesto, Holster, 2013-14; unpublished), defending the concepts of time directionality and time flow in physics and naturalistic metaphysics, against long-standing attacks from the ‘conventional philosophy of physical time’. This monograph sets out to disprove twelve specific “fallacies of the conventional philosophy”, stated in the first section below. These are the foundational principles of the conventional philosophy, which developed in the mid-C20th from positivist-inspired studies. The first chapter begins by (...) re-presenting the basic analysis of time reversal symmetry in the context of probabilistic or non-deterministic processes, removing the first critical error in the conventional account. The second chapter argues for a law-like explanation of physical time asymmetry and irreversibility, and shows how the ‘reversibility paradoxes’ are explained. (shrink)

I discuss the intelligibility of belief in God, presenting a neo-positivist view. It is aimed at a non-professional audience.

Phenomenology and ancient Greek philosophy. The title of this book, indicating these topics as its two main subjects, could give the impression that the subjects are held together by a circumstantial “and.” The title would then indicate a connection between phenomenology and a topic, ancient Greek philosophy, the way titles such as Art and Phenomenology, Phenomenology and Psychological Research, Phenomenology and Virtue Ethics do. This impression would be wrong. First, ancient Greek philosophers take pride of place in the dialogues initiated (...) by many phenomenologists with various figures from the history of philosophy. Second, this is not just because phenomenological philosophers have tended to regard ancient Greek philosophy as the revered beginning of Western thought, reflection upon which may help illuminate any topic modern human beings wish to inquire into or give it a kind of historical dignity. It is first and foremost because ancient Greek philosophy, understood as the scientific attempt to understand the world, ourselves, and our place in the world, in the phenomenological tradition is regarded as one important origin of contemporary Western philosophy and science, even if contemporary philosophy and science is also determined by a new ideal of philosophy that emerges in early modernity. Indeed, for most phenomenologists, Greek philosophy can be regarded as the roots supporting this new ideal—even if these roots are sometimes hidden from sight or forgotten. The main rationale for confronting ancient Greek philosophy phenomenologically is accordingly the attempt to bring to light in its full radicality the phenomenon “philosophy.” Unearthing philosophy as it was originally understood by Greek thinkers may, according to many phenomenologists at least, help us understand what philosophy in the full sense of the word was, has been, and may be again, but also what it has become or even degenerated into in modern times, for instance positivism. It is this way of approaching ancient Greek philosophy that we wish to concentrate on in this book, in the hope that the volume will prove instructive both to people who have an interest in ancient Greek philosophy and wish to know more about the phenomenological approach to it and to people who work within phenomenology and wish to know more about the various approaches to ancient Greek philosophy characterizing the phenomenological movement. We have therefore sought to make the introduction and the individual chapters accessible to non-experts, for instance by transliterating all Greek text, and confining quotes in other languages than English to footnotes and glosses. (shrink)

The revolution brought about by quantum mechanics in the early 20th century was nothing short of remarkable. It shattered the foundational principles of classical physics, giving rise to a plethora of controversial and intriguing conceptual questions. Questions that still perplex and confound the scientific community today. Is the quantum mechanical description of physical reality complete? Are the objects of nature truly inseparable? And most importantly, do objects not have a specific position before measurement, and are there non-causal quantum jumps? These (...) vital problems continue to garner more attention as time passes, particularly with the fading of positivism. If you're a student seeking to explore the fascinating philosophical foundations of quantum mechanics, this book might be just what you need. Written in Persian, brings you closer to the heart of quantum controversies and the fascinating world of quantum mechanics. (shrink)

In this book, the words ‘science’ and ‘social science’ are used in their limited sense that refer to experience-based knowledge. This should not indicate that experience is being used in a positivistic sense. Rather, the important insights of all kinds of post-positivist views are embraced to give an extensive meaning to experience. However, the most important characteristic of experience and science that should never be excluded is its dependence on observation and observational evidence. Thus, when ‘science’ is used in combination (...) with ‘religion’, it should not be confused by religious knowledge. The latter might refer to, perhaps, a certain kind of knowledge that could be found in religious texts and might be different from other kinds of knowledge. However, when the phrase of ‘religious science’ is used, it refers to a scientific knowledge, even though because of its religious presuppositions it is called religious. And this relation between religion and science is exactly the point that is at issue in this book. On one hand, the issue of religious science raises challenges on the ground that the contemporary science has been explicitly non-religious or perhaps in some cases anti-religious. Objectivity of science is usually understood in a way that it does not permit to combine ‘science’ with ‘religion’. Thus, in the first step, the phrase of religious science is considered as nonsense. On the other hand, as far as religious people are concerned, the issue of religious science is enthusiastic. These people sometimes think that a real religion should include all scientific truths. Thus, facing the issue, they immediately verdict that there are or should be religious sciences. However, neither that strong challenge with the possibility of any religious science, nor this hot enthusiasm could be in congruence with the spirit of scientific endeavor. As far as social scientists are concerned, the possibility of religious science should not be rejected a priori. This possibility should not be necessarily considered as a threat for science, rather the plausibility of its being a chance for the development of science should also be taken into account. On the other hand, as far as the religious people are concerned, they should not necessarily consider the possibility of talking about religious sciences as a chance for spreading their religion, rather the plausibility of its being a threat for their purpose should also be considered. This is because entering of a religion into a job which is not relevant to it could be dangerous. Far from these two kinds of biases, it is attempted in this book to deal with the issue in a reflective manner. It seems that thinking about ‘religious science’ requires us to take three steps. In the first step, we need to think about the nature or characteristics of science. In the second step, we need to think about the nature or characteristics of religion. And finally, in the third step, it seem necessary to think about the combination of them. These three steps show the direction of the discussion in what follows. (shrink)

Karl Popper (1902-1994) was one of the most influential philosophers of science of the 20th century. He made significant contributions to debates concerning general scientific methodology and theory choice, the demarcation of science from non-science, the nature of probability and quantum mechanics, and the methodology of the social sciences. His work is notable for its wide influence both within the philosophy of science, within science itself, and within a broader social context. Popper’s early work attempts to solve the problem of (...) demarcation and offer a clear criterion that distinguishes scientific theories from metaphysical or mythological claims. Popper’s falsificationist methodology holds that scientific theories are characterized by entailing predictions that future observations might reveal to be false. When theories are falsified by such observations, scientists can respond by revising the theory, or by rejecting the theory in favor of a rival or by maintaining the theory as is and changing an auxiliary hypothesis. In either case, however, this process must aim at the production of new, falsifiable predictions. While Popper recognizes that scientists can and do hold onto theories in the face of failed predictions when there are no predictively superior rivals to turn to. He holds that scientific practice is characterized by its continual effort to test theories against experience and make revisions based on the outcomes of these tests. By contrast, theories that are permanently immunized from falsification by the introduction of untestable ad hoc hypotheses can no longer be classified as scientific. Among other things, Popper argues that his falsificationist proposal allows for a solution of the problem of induction, since inductive reasoning plays no role in his account of theory choice. Along with his general proposals regarding falsification and scientific methodology, Popper is notable for his work on probability and quantum mechanics and on the methodology of the social sciences. Popper defends a propensity theory of probability, according to which probabilities are interpreted as objective, mind-independent properties of experimental setups. Popper then uses this theory to provide a realist interpretation of quantum mechanics, though its applicability goes beyond this specific case. With respect to the social sciences, Popper argued against the historicist attempt to formulate universal laws covering the whole of human history and instead argued in favor of methodological individualism and situational logic. Table of Contents 1. Background 2. Falsification and the Criterion of Demarcation a. Popper on Physics and Psychoanalysis b. Auxiliary and Ad Hoc Hypotheses c. Basic Sentences and the Role of Convention d. Induction, Corroboration, and Verisimilitude 3. Criticisms of Falsificationism 4. Realism, Quantum Mechanics, and Probability 5. Methodology in the Social Sciences 6. Popper’s Legacy 7. References and Further Reading a. Primary Sources b. Secondary Sources -/- . (shrink)

Anglo-American general jurisprudence remains preoccupied with the relationship of legality to morality. This has especially been so in the re-reading of Lon Fuller’s theory of an implied morality in any law. More often than not, Fuller has been said to distinguish between the identity of a discrete rule and something called ‘morality’. In this reading of Fuller, however, insufficient attention to what is signified by ‘morality’. Such an implied morality has been understood in terms of deontological duties, the Good life, (...) naturalism, and subjectively posited values. Each of these interpretations has a shared common denominator: namely, the distinction between ‘is’ and ‘ought’, ‘facts’ and ‘values’. Legality is said to be nested in an ‘is’ world. An ‘is’ cannot be derived from an ‘ought’. This essay aims to press this distinction further. Fuller, I intend to argue, does indeed accept the is/ought distinction as have his commentators. The associations of the ‘oughts’ with deontological duties, the Good life, naturalism and subjective values, however, have been misdirected. This has been so because Fuller presupposed that legality was a matter of a spatial structure. Non-law was situated outside the structure. If a legislator or judge considered matters outside the structure as if they were binding upon jurists and, for that matter, upon members of the legal structure, the law was not binding. The crucial incident of the structure was the boundary of the structure. Fuller’s structuralist theory of law offers the opportunity to better understand what he signified by ‘the internal morality of law’. I shall privilege several elements of his theory: the relation of legal units to a structure, the nature of a structure, the constituents of a structure (territorial space, its pillars and its matter); the forms of the legal structure; the centrifugal and centripetal structures, the structure and traditional theories of morality, the role of the legal official in a structure, and why the internal knowledge in the structure is binding. Fuller especially privileged two features of a legal structure. The one was the boundary of the structure. The second concerned the exteriority of the boundary. Both features presupposed a territorial sense view of legal knowledge. The legal mind analysed any social problem through the map of such a sense of legal space. By concentrating upon the discrete rule in isolation of the implied structural boundary to which the rule referred, commentators have attributed been misdirected in their analyses of Fuller’s theory of law and morality. My argument in this respect will proceed as follows. In order to clarify Fuller’s senses of the morality of law, I shall first outline what he means by a ‘structure’. Second, how is the structure related to legal knowledge? Third, what are the various forms of the structure? Fourth, is the structure centrifugal or centripetal? And finally, why is the structure binding? (shrink)

Tentativo di ridescrizione filosofica del modo di intendere la conoscenza enciclopedica, e nello specifico la natura dell'informazione enciclopedica, di seguito ai radicali cambiamenti teorici intervenuti nel '900 attraverso le tesi di Quine sull'analiticità e il declino del progetto Neopositivista. Segue una proposta di caratterizzazione dell'informazione enciclopedica che non si basa su una rigida distinzione tra enunciati analitici e sintetici, ma su di una griglia teorica più sfumata.

Meaning without Analyticity draws upon the author’s essays and articles, over a period of 20 years, focused on language, logic and meaning. The book explores the prospect of a non-behavioristic theory of cognitive meaning which rejects the analytic-synthetic distinction, Quinean behaviorism, and the logical and social-intellectual excesses of extreme holism. Cast in clear, perspicuous language and oriented to scientific discussions, this book takes up the challenges of philosophical communication and evaluation implicit in the recent revival of the pragmatist tradition—especially those (...) arising from its relation to prior American analytic thought. This volume continues the work of Callaway’s 1993 book, Context for Meaning and Analysis, building on the “turn toward pragmatism.” . (shrink)

Abdolkarim Soroush’s thought is regarded by some researchers as a turning point in contemporary Islamic reform discourse. This article concerns Soroush’s epistemology as a determining factor in this paradigm shift and interprets this shift as an epistemological turn in Islamic reform discourse, shifting from ›Islamic genealogy of modernity‹ to rationalization of Islamic methodology. After a short introduction to Soroush’s intellectual biography, this article will isolate neorationalism or neo-Mu’tazilism, religious post-positivism, historicism, hermeneutics, and dialogism as main features of Soroush’s epistemology. (...) This paper suggests that rationalism as reasoning independent from revelation and non-essentialism are two main determining pillars of Soroush’s epistemology. In the conclusion, I shortly compare Soroush’s thought with some other contemporary Muslim reform thinkers and discuss how and why Soroush’s thought can be interpreted as an epistemological turn in Islamic reform discourse. (shrink)

The Philosophy for Children in Schools Project (P4CISP) is a research project to monitor and evaluate the impact of Philosophy for Children (P4C) on classroom practices. In this paper the impact of P4C on the thinking skills of you children aged 10 is examined. Standardised tests indicated the children had below-average reading ages. The pupils were video recorded while engaged in discussion of questions they had formulated themselves in response to a series of texts in preparation for a community of (...) philosophical enquire. Group discussions were analysed, paying attention to verbal and non-verbal communication. We argue that reading scores do not necessarily indicate inability to engage in literate thinking. When dialogic approaches are used and pupils are given opportunities to work in small group to formulate their own questions and evaluate their potential for generating enquiry, they demonstrate their ability to use higher-order language skills. Dialogic approaches can challenge the hegemonic impact of standardised testing that dominates modern schooling A dialogic approach to teaching listens to pupil voice and has the potential to change how adults view children and contribute to an epistemological paradigm shift away from positivism towards dialogism. (shrink)

Un biologiste fait une découverte incompatible avec des conceptions religieuses de la vie bonne. En classe, un professeur d'université profite de son exposé magistral pour faire la promotion d'une idéologie politique. Un fonds de recherche des sciences sociales refuse de financer un projet visant à résoudre le problème de la sous-représentation des femmes en politique, affirmant qu'une telle recherche n'est pas scientifique. Tous ces exemples témoignent de l'interaction constante entre, d'une part, l'enseignement et la recherche scientifique, et d'autre part, les (...) enjeux normatifs au sein de sphères d'influence. Les sciences doivent-elles être neutres? La normativité des sciences est-elle inévitable? Et de quoi parle-t-on lorsque nous faisons référence à la neutralité scientifique? Cette entrée exposera les principales réponses à ces trois questions. Après avoir clarifié le cadre conceptuel et la problématique de cette entrée, nous explorerons les approches wébérienne et positiviste en faveur de la neutralité des sciences. Ces deux perspectives seront confrontées à divers objections, notamment celles du pragmatisme américain. En réponse à l’ethos mertonien des sciences, nous présenterons finalement la critique féministe selon laquelle les disciplines scientifiques ne peuvent pas faire l’économie d’objectifs éthiques, politiques ou sociaux. Pour des raisons de simplicité, cette entrée approfondira surtout des modèles et arguments issus de l’économie, de la biologie et des sciences de la santé, des disciplines ayant été au cœur des controverses entourant la neutralité des sciences. (shrink)

In the context of the relationship between science and society, the internalist pa- radigm of the history of science does not appear to be satisfactory. The fact that a paradigm for Science and Technology / Society Studies has not been built yet, does not prevent the researchers to analyse the effects of social phenomena on science. The economic structure of society, which is one of the non-epistemological factors, has at least as much effect as the epistemological factors on the development (...) or stagnation of science in a given society. In this study, we intend to make a comparison between European Science that developed through “non-scientific” factors in the 17th century and Ottoman Science that could not develop due to “non-scientific” factors. The Science evolved into positivism from its phase of craftsman and engineers developed relatively due to the economic and social structure differences in the Ottoman Empire compared to Europe. (shrink)

The study is focused on analysing formalism which is a strategy of applying laws by stressing the formal features of the law, even if the consequences of the strategy like that are difficult to accept in light of legal principles and the general requirement of equity. Contrary to the common view presented in the legal literature, the study sets out arguments that the formalism is neither justified in the tradition of legal positivism, neither in the idea of the rule (...) of law. In particular it is not true that formalism secures stability and predictability of laws application. On the other hand, a non-formalistic approach to applying laws, consisting in a simultaneous application of strict rules and general principles and in acknowledging the purpose and the function of the law as important factors, allows for realising the values that are traditionally linked with legal positivism. That non-formalistic approach to applying laws, called in the study 'interpretative holism', was supported by a wide use of contemporary philosophy of language, in particular the Kripke-Putnam semantics and the findings of the contemporary philosophy of law and legal theory. -/- Praca jest poświęcona analizie zjawiska formalizmu, które jest strategią stosowania prawa, podlegająca na podkreśleniu wagi formalnych cech prawa, nawet jeśli strategia taka prowadzi do rezultatów trudnych do zaakceptowania z punktu widzenia zasad prawa albo ogólnych wymogów słuszności. Przeciwnie do dotychczasowych stanowisk reprezentowanych w literaturze, w pracy przedstawione są argumenty, że formalistyczne podejście do stosowania prawa nie ma uzasadnienia, ani w koncepcji pozytywizmu prawniczego, ani w koncepcji rządów prawa. Z drugiej strony nieformalistyczne podejście do stosowania prawa, które polega głównie na współstosowaniu reguł i zasad oraz na uwzględnianiu celu i funkcji prawa, pozwala na realizację wartości tradycyjnie przypisywanych koncepcji pozytywizmu prawniczego. Ta nieformalistyczna strategia stosowania prawa, nazywana w pracy holizmem interpretacyjnym, została w pracy uzasadniona poprzez szerokie wykorzystanie współczesnej filozofii języka, w szczególności tzw. semantyki Kripkego-Putnama oraz współczesnego dorobku polskiej i zagranicznej teorii i filozofii prawa.". (shrink)

Partout des appels formels invoquant la démocratie sont lancés : la démocratie comme première condition requise pour une gouvernance politique respectueuse des intérêts des citoyens et des équilibres de l’environnement. En même temps, une multitude d’indices convergents configurent une gestion de la res publica par une caste oligarchique politico-économique dont la propension à gérer les ressources environnementales se caractérise par l’absence de prise en compte du bien commun sur la base d’intérêts particuliers sans tenir compte des équilibres biosphériques (Bergandi, 2014 (...) : 63-81). Quel est le rôle des sciences et des scientifiques dans un tel contexte? Ou plus précisément, quel est le rôle des sciences et des scientifiques dans des questions à l’interface entre science et société, générant des controverses socio-scientifiques? Jusqu’à quel point les sciences peuvent-elles encore effectivement incarner l’idéal de la neutralité axiologique, durablement implanté par le positivisme à partir du XIXe siècle à la fois dans l’éthique scientifique et dans l’inconscient des scientifiques, telle une constante, apparemment inéliminable, de la science? Est-il possible de trouver un juste équilibre (épistémique et éthique) entre objectivité scientifique d’un côté, engagement moral et politique de l’autre? L’idée de « sciences impliquées » est-elle une forme de pensée oxymorique cachant un non-sens épistémologique? Ou bien, exprime-t-elle un besoin, une nécessité à la fois épistémique, éthique et politique qui nous permettrait de mieux cerner les innombrables et complexes enchevêtrements entre les sciences contemporaines et la société?[. (shrink)

This paper consider three families of arguments for atheism. First, there are direct arguments for atheism: arguments that theism is meaningless, or incoherent, or logically inconsistent, or impossible, or inconsistent with known fact, of improbable given known fact, or morally repugnant, or the like. Second, there are indirect arguments for atheism: direct arguments for something that entails atheism. Third, there are comparative arguments for atheism: e.g., arguments for the view that (atheistic) naturalism is more theoretically virtuous than theism.

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)

“Non-Self from the perspective of the Gene” September 2021, Buddhism and Culture (a Korean-language Buddhist magazine sponsored by the Foundation for the Promotion of Korean Buddhism), Korea.

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)

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)

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.

CRUICKSHANK J. Nursing Inquiry 2012; 19: 71–82 Positioning positivism, critical realism and social constructionism in the health sciences: a philosophical orientationThis article starts by considering the differences within the positivist tradition and then it moves on to compare two of the most prominent schools of postpositivism, namely critical realism and social constructionism. Critical realists hold, with positivism, that knowledge should be positively applied, but reject the positivist method for doing this, arguing that causal explanations have to be based (...) not on empirical regularities but on references to unobservable structures. Social constructionists take a different approach to postpositivism and endorse a relativist rejection of truth and hold that the task of research is to foster a scepticism that undermines any positive truth claim made. It is argued that social constructionism is a contradictory position. (shrink)