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

In this paper, we investigate how the life and work of Louis Rougier relate to the broader political dimension of logical empiricist philosophy. We focus on three practical projects of Rougier in the 1930s and 1940s. First, his attempts to integrate French-speaking philosophers into an international network of scientific philosophers by organizing two Unity of Science conferences in Paris. Second, his role in the renewal of liberalism through the organization of the Walter Lippmann Colloquium. Third, Rougier’s 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 Rougier’s part. Based on our investigations of these practical projects of Rougier, we argue that Rougier’s relation to logical empiricist philosophers should primarily be understood on the level of action. Rougier’s 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)

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

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

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

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

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.

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

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

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

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

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

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.

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

This paper is mainly about Brentano’s commentaries on Ernst Mach in his lectures “Contemporary philosophical questions” which he held one year before he left Austria. I will first identify the main sources of Brentano’s interests in Comte’s and J. S. Mill’s positivism during his Würzburg period. The second section provides a short overview of Brentano’s 1893-1894 lectures and his criticism of Comte, Kirchhoff, and Mill. The next sections bear on Brentano’s criticism of Mach’s monism and Brentano’s argument against the (...) reduction of the mental based on his theory of intentionality. The last section is about Brentano’s proposal to replace the identity relation in Mach’s theory of elements by that of intentional correlation. I conclude with a remark on the history of philosophy in Austria. (shrink)

Recent work on Austrian philosophy has revealed, hitherto, unsuspected links between Vienna circle positivism on the one hand, and the thought of Franz Brentano and his circle on the other. the paper explores these links, casting light also on the Polish analytic movement, on the development of gestalt psychology, and on the work of Schlick and Neurath.

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

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

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)

Husserl’s phenomenology opens itself with a critique of positive sciences. Husserl problematizes the hardcore presupposition of positivism that the world is a definite sort of an existential totality of objects and thus it is exhaustible with empirical data and deductive-conceptual abstraction on the basis of causalspatio-temoprality. Criticizing the wholesome reduction of nature into a physical reality and the instrumentalizing of theoretical reason, he proposes transcendental phenomenology, as an ideal form of science. Self-entitled as the genuine science, the science of (...) origin, the science of all sciences, etc., it concerns itself with the matter of validity. Claiming that validating objectivity as such and the meaning of scientific objectification is something of which onlyphenomenological reflection on pure consciousness is capable and that the positivistic objectivity is and must be founded on transcendental subjectivity, Husserl radically idealistically revised the whole positivistic concept of evidence and givenness of a fact and substituted it with the phenomenological notion of apriori self-evidence and originary givenness of primordial intentional consciousness. Nevertheless, it is noticed that the absolute universal validity of positivistic objectivity was never rejected or questioned; objectivity is still in and of itself an absolute criterion of scientificity in Husserl. This paper will argue that the idealistic turn toward subjectivity takes place through factualization of transcendentality and this, by bestowing apriori apodicticity with facticity, even enhances more the supreme epistemological function of positivity. It will discuss such positivistic drive, directly bequeathed from the very cultural ethos at which phenomenological criticism targeted, as an important locomotive for Husserl’s program and point out an antinomical consequence with which it is to be faced as a consequence. (shrink)

The verifiability principle was the characteristic claim of a group of thinkers who called themselves the Vienna Circle and who formed the philosophical movement now known as logical positivism. The verifiability principle is an empiricist criterion of meaning which declares that only statements that are verifiable by —i.e., logically deducible from— observational statements are cognitively meaningful. -/- This essay is a short introduction to the philosophical movement of logical positivism and its formulation of the verifiability principle. Its primary (...) aim is to provide students of philosophy with an accessible first overview of this philosophical movement. -/- After pointing out some aspects of the philosophical background of logical positivism (section 1), I will comment on the reasoning that lead these authors to formulate the verifiability principle (section 2), and I will analyse the debate about how to understand observational language and how observational statements (the so-called ‘protocol statements’) are verified (section 3). I will also comment on the two main consequences of accepting the verifiability principle: the conception of philosophy as the task of logical analysis and the project of unified science (section 4), and I will explain the different views on ethical language defended by logical positivists (section 5). I will end this essay by identifying the main problems of the verifiability principle and I will explain the core ideas of Carnap’s confirmability criterion, which attempts to resolve these problems (section 6 and 7). (shrink)

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

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

I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to (...) exist and function when its key officials reject the reason-giving character of law, then we have a reason to re-examine and amend legal positivism. (shrink)

In this paper we will analyze Lawson’s criticism of Hayek for not having transcended positivism. We will distinguish two levels in the criticism: methodological and ontological. So far as methodological criticism is concerned, we consider that Lawson’s positivist interpretation of Hayek regarding the method in economics is not the only possible, and we will try to develop another one. With respect to ontological criticism, we will state that though it is possible to understand Hayek as an ontological positivist, since (...) he assumes an ontological individualism, this fact would not necessarily lead to positivism -question to which Lawson seems to bring Hayek closer after 1955- but a moderate ontological individualism could be assigned to Hayek founded on a realistic interpretation of Husserl’s phenomenology. (shrink)

This paper reconstructs the American reception of logical positivism in the early 1930s. I argue that Moritz Schlick (who had visiting positions at Stanford and Berkeley between 1929 and 1932) and Herbert Feigl (who visited Harvard in the 1930-31 academic year) played a crucial role in promoting the *Wissenschaftliche Weltauffassung*, years before members of the Vienna Circle, the Berlin Group, and the Lvov-Warsaw school would seek refuge in the United States. Building on archive material from the Wiener Kreis Archiv, (...) the Harvard University Archives, and the Herbert Feigl Papers, as well as a large number of publications in American philosophy journals from the early 1930s, I reconstruct the subtle transformation of the American philosophical landscape in the years immediately preceding the European exodus. I argue that (1) American philosophical discussions about meaning and significance and (2) internal dynamics in the Vienna Circle between 1929 and 1931 significantly impacted the way in which US philosophers came to perceive logical positivism. (shrink)

The purpose of this paper is to examine the separability of law and morality within an analytic jurisprudential framework. The paper is comprised of four parts. First, the separability thesis will be discussed and defined. Second, Hart’s legal positivist account of law will be presented, which defends the separability thesis. Third, two objections from a natural law perspective (classical and contemporary) will be proposed against the legal positivist position, thereby rejecting the separability thesis. Each objection will be accompanied by a (...) possible Hartian reply. Finally, I will offer a novel analysis of the arguments as well as state why I find the Hartian approach preferable to the natural law theorist’s in regard to the separability thesis. (shrink)

This paper studies the conflict between critical rationalism and critical theory in Karl Popper and Theodor Adorno’s 1961 debate by analyzing their shared rejection of Karl Mannheim’s sociology of knowledge. Despite the divergences in their respective projects of critical social research, Popper and Adorno agree that Mannheim’s sociology of knowledge is uncritical. By investigating their respective assessments of this research program I reveal a deeper similarity between critical rationalism and critical theory. Though both agree on the importance of critique, they (...) are less concerned with the development of critical consciousness as a focus of this project. In this way, Mannheim’s sociology of knowledge, particularly in its formative stages, revolves around a set of problems relatively inaccessible to critical rationalism and critical theory, since it is centrally concerned with identifying and cultivating the possibility of critique in society. In closing, I gesture to the importance of political education in Mannheim’s early work, suggesting that a return to these experimental texts will yield resources for political thought today. (shrink)

The purpose of this work is to investigate the main philosophical underpinnings of major research paradigms using Positivism and Interpretivism as examples. It would also explain and give crucial interrelationships with ontology, epistemology, methodology, and method. The study followed a literature review approach and was mostly supported by secondary research, which included the incorporation and consideration of many peer-reviewed academic papers relevant to the issue as well as other sources such as books. Researchers might examine the fitness of every (...) model based on the nature and context of their study. This work will assist scholars in developing a better grasp of both positivist and interpretivist perspectives. The interpretivist paradigm might allow researchers to go deeper by seeking perceptions and experiences of a specific social context. The positivist paradigm, on the other hand, will allow researchers to rely more on statistics and generalization, resulting in the formation of universal rules and discoveries. -/- . (shrink)

En la segunda mitad del siglo XIX la filosofía positiva se consolidó como la corriente de pensamiento dominante en México, muchos pensadores la utilizaron como marco teórico para interpretar los acontecimientos pasados y proyectar elfuturo de la nación. Por su análisis, explicación e interpretación de la historia nacional México: su evolución social es la obra culminante del positivismo mexicano, pero para sorpresa nuestra ha sido poco estudiada por los especialistas, de ahí que sea necesario recuperarla. En este artículo nos damos (...) a esa tarea y para ello nos enfocaremos en analizar el método de investigación que emplea la obra así como el papel que cumple la historia dentro de la misma. Con ello se busca contribuir a los estudios sobre el positivismo mexicano al abordar, en una obra crucial, algunos de sus aspectos metodológicos, históricos y filosóficos. -/- In the second half of the nineteenth century the positive philosophy was consolidated as the dominant current of thought in Mexico, many thinkers used it as the theoretical framework to interpret past events and project the future of the nation. Because of its analysis, explanation and interpretation of the national Mexican history México: su evolución social is the culminating work of Mexican positivism. To our surprise, the work has been little studied by scholars hence it is necessary to recover it. In this article we want to do that task and for that we will focus on analyzing the research method used in the work as well as the role played by history within it. The aim then is to contribute to studies on Mexican positivism by approaching, in a crucial work, some of its methodological, historical and philosophical aspects. (shrink)

The idea of disease as an objective malfunctioning cannot be accepted for many different reasons. “Malfunctioning” or “failure” have a meaning only if the perfect working condition or normality is univocally determined. The differences between a person and any other person are not unimportant and cannot be ignored neither in diagnosis nor in treatment. These differences can be ascribable to three different sets of reasons: 1.illnesses leave irreversible marks on the organic structure, for they modify the information an organism has (...) at least as far as the neuroendocrine and immune systems are involved; 2.there are individual differences in the immune system; 3.there are individual differences in the functional organization of the brain that are not due only to biological causes. Furthermore the subjective perception of the illness itself must be included among the elements that determine the features of an illness. Notwithstanding the presence of the same symptoms and the same tests readings, two people may perceive their illness in a different way, with effects on the course of the illness itself and the effectiveness of the treatment. The idea of disease also depends on the cultural context. (shrink)

Legal positivism's ``separation thesis'' is usually taken in one of two ways: as an analytic claim about the nature of law – roughly, as some version of the Social Thesis; or as a substantive claim about the moral value of law – roughly, as some version of the Value Thesis. In this paper I argue that we should recognize a third kind of positivist separation thesis, one which complements, but is distinct from, positivism's analytic and moral claims. The (...) Neutrality Thesis says that the correct analytic claim about the nature of law does not by itself entail any substantive claims about the moral value of law. I give careful formulations of these three separation theses, explain the relationships between them, and sketch the role that each plays in the positivist approach to law. (shrink)

Take “legal reality” to be the part of reality that actual legal thought and talk is dis- tinctively about, such as legal institutions, legal obligations, and legal norms. Our goal is to explore whether legal reality is disunified. To illustrate the issue, consider the possibility that an important metaphysical thesis such as positivism is true of one part of legal reality (legal institutions), but not another (legal norms). We offer two arguments that suggest that legal reality is disunified: one (...) concerns the heteroge- neity of different entities that are part of legal reality; the other concerns variation within legal thought and talk. We then show that taking the possibility of the disunity of legal reality seriously has important upshots for how we think about the positivist and antipositivist traditions, the debate between them, and their relation to other parts of legal theory, such as critical legal theory and legal realism. (shrink)

Moritz Schlick, Rudolf Carnap and Herbert Feig are the most prominent of the positivists to formulate views on the mind-body problem (aside from Hempel’s one-off treatment in 1935). While their views differed from each other and changed over time they were all committed to some form of scientific physicalism, though a linguistic or conceptual rather than ontological form of it. In focus here are their views during the heyday of logical positivism and its immediate aftermath, though some initial scene-setting (...) of Schlick’s and Carnap’s pre-positivist views will help to understand the final opposing positions of Carnap and Feigl. (shrink)

The identity theory’s rise to prominence in analytic philosophy of mind during the late 1950s and early 1960s is widely seen as a watershed in the development of physicalism, in the sense that whereas logical behaviourism proposed analytic and a priori ascertainable identities between the meanings of mental and physical-behavioural concepts, the identity theory proposed synthetic and a posteriori knowable identities between mental and physical properties. While this watershed does exist, the standard account of it is misleading, as it is (...) founded in erroneous intensional misreadings of the logical positivists’—especially Carnap’s—extensional notions of translation and meaning, as well as misinterpretations of the positivists’ shift from the strong thesis of translation-physicalism to the weaker and more liberal notion of reduction-physicalism that occurred in the Unity of Science programme. After setting the historical record straight, the essay traces the first truly modern identity theory to Schlick’s pre-positivist views circa 1920 and goes on to explore its further development in Feigl, arguing that the fundamental difference between the Schlick-Feigl identity theory and the more familiar and influential Place-Smart-Armstrong identity theory has resurfaced in the deep and seemingly unbridgeable gulf in contemporary philosophy of consciousness between inflationary mentalism and deflationary physicalism. (shrink)

Friedrich Nietzsche was among the figures from the history of nineteenth century philosophy that, perhaps surprisingly, some of the Vienna Circle’s members had presented as one of their predecessors. While, primarily for political reasons, most Anglophone figures in the history of analytic philosophy had taken a dim view of Nietzsche, the Vienna Circle’s leader Moritz Schlick admired and praised Nietzsche, rejecting what he saw as a misinterpretation of Nietzsche as a militarist or proto-fascist. Schlick, Frank, Neurath, and Carnap were in (...) different ways committed to the view that Nietzsche made a significant contribution to the overcoming of metaphysics. Some of these philosophers praised the intimate connection Nietzsche drew between his philosophical outlook and empirical studies in psychology and physiology. In his 1912 lectures on Nietzsche, Schlick maintained that Nietzsche overcame an initial Schopenhauerian metaphysical-artistic phase in his thinking, and subsequently remained a positivist until his last writings. Frank and Neurath made the weaker claim that Nietzsche contributed to the development of a positivistic or scientific conception of the world. Schlick and Frank took a further step in seeing the mature Nietzsche as an Enlightenment thinker. (shrink)

The debate between natural law and positivist law has been received much attention. Ronald Dworkin exposes the limitation of positivist law through the argument of hard cases. This argument is furthered strengthened when we apply the interpretation of Martin Luther King Jr and the voluntarist natural law tradition, and Lon Fuller’s ‘procedural view’ and the application of the ‘principles of legality’.

This essay seeks to expose readers from the social sciences to current debates in their fields, beyond the discussions of induction and deduction one learns about in a typical research methods course. It provides glimpses of social science from its dawn in 17th century empiricism, through the rise of postpositivism and antipositivism, to the infamous “science wars” in the 1990s, and expresses a hope for a broader and more inclusive future. Specifically, the paper compares the traditional positivist method of scientific (...) inquiry to a phenomenological approach, and attempts to demonstrate the relevance of philosophical investigation in social science research. (shrink)

Translators’ Abstract: This is a translation of Hans-Georg Gadamer’s recently discovered 1952 Berlin speech. The speech includes several themes that reappear in Truth and Method, as well as in Gadamer’s later writings such as Reason in the Age of Science. For example, Gadamer criticizes positivism, modern philosophy’s orientation toward positivism, and Enlightenment narratives of progress, while presenting his view of philosophy’s tasks in an age of crisis. In addition, he discusses structural power, instrumental reason, the objectification of nature (...) and human beings, the reduction of both to mere means, and the colonization of scientific-technological ways of knowing and being—all of which continue to impact our social and political lives together and threaten the very existence of every living being. This speech is essential reading for Gadamer scholars interested in the social, political, and ethical dimensions of his thought and for those interested in bringing Gadamer into conversation with critical theory. (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)

Hume’s views on language have been widely misunderstood. Typical discussions cast Hume as either a linguistic idealist who holds that words refer to ideas or a proto-verificationist. I argue that both readings are wide of the mark and develop my own positive account. Humean signification emerges as a relation whereby a word can both indicate ideas in the mind of the speaker and cause us to have those ideas. If I am right, Hume offers a consistent view on meaning that (...) is neither linguistic idealism nor positivism but a genuine alternative to these, one that deserves to be taken seriously. (shrink)

As Thomas Uebel has recently argued, some early logical positivists saw American pragmatism as a kindred form of scientific philosophy. They associated pragmatism with William James, whom they rightly saw as allied with Ernst Mach. But what apparently blocked sympathetic positivists from pursuing commonalities with American pragmatism was the concern that James advocated some form of psychologism, a view they thought could not do justice to the a priori. This paper argues that positivists were wrong to read James as offering (...) a psychologistic account of the a priori. They had encountered James by reading Pragmatism as translated by the unabashedly psychologistic Wilhelm Jerusalem. But in more technical works, James had actually developed a form of conventionalism that anticipated the so-called “relativized” a priori positivists themselves would independently develop. While positivists arrived at conventionalism largely through reflection on the exact sciences, though, James’s account of the a priori grew from his reflections on the biological evolution of cognition, particularly in the context of his Darwin-inspired critique of Herbert Spencer. (shrink)

The main purpose of this paper is to explore Pierre Bourdieu’s conception of social science. To this end, the paper sheds light on the main epistemological presuppositions that undergird Bourdieu’s defence of reflexive sociology as a scientific endeavour. The predominant view in the literature is that, in most of his writings,Bourdieu has a tendency to embrace a positivist conception of social science. When examining Bourdieu’s conception of social science in more detail, however, it becomes clear that the assumption that he (...) remains trapped in a positivist paradigm does not do justice to the complexity of his multifaceted account of social science. In order to illustrate the complexity of Bourdieu’s conception of social science, the following analysis scrutinises ten epistemological tensions which can be found in Bourdieu’s writings on the nature of knowledge production. In view of these epistemological tensions, a more fine-grained picture emerges which demonstrates that Bourdieu invites,and indeed compels, us to reflect upon the complexity of the various tension-laden tasks posed by the pursuit of a critical social science. (shrink)