This chapter contains sections titled: What Is Pragmatism? Foundationalist versus Nonfoundationalist Views of the Law Pragmatism and Legitimacy Rejecting the Demand References.

Applied Natural Science: Environmental Issues and Global Perspectives will provide the reader with a complete insight into the natural-scientific pattern of the world, covering the most important historical stages of the development of various areas of science, methods of natural-scientific research, general scientific and philosophical concepts, and the fundamental laws of nature. The book analyzes the main scientific trends and developments of modern natural science and also discusses important aspects of environmental protection. Topics include: the problem (...) of "the two cultures": the mathematization of natural sciences and the informatization of society; the non-linear nature of the processes occurring in nature and society; application of the second law of thermodynamics to describe the development of biological systems; global problems of the biosphere; theory and practice of stable organic paramagnetic materials; polymers and the natural environment. Key features include: an interdisciplinary approach in considering scientific and technical problems; a discussion of general scientific trends in modern natural science, including globalization challenges in nature and society, the organic chemistry of stable paramagnetic materials, the fundamentals of the environmental chemistry of polymeric materials, etc.; a justification of applying classical (non-equilibrium) thermodynamics to studying the behavior of open (including biological) systems. (shrink)

Rousseau's Du contrat social develops an important, unjustly neglected type of theory, which I call 'Natural Law Constructivism' ('NLC'), which identifies and justifies strictly objective basic moral principles, with no appeal to moral realism or its alternatives, nor to elective agreement, nor to prudentialist reasoning. The Euthyphro Question marks a dilemma in moral theory which highlights relations between artifice and arbitrariness. These relations highlight the significance of Hume's founding insight into NLC, and how NLC addresses Hobbes's insight (...) that our most fundamental moral problems concern social coordination. Part 2 systematically re-examines the core of Rousseau's theory of justice to show that it assigns no constitutive role to contractual agreement in identifying or justifying basic normative principles. Part 3 highlights his NLC. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Le doute en question: Parades pragmatistes au défi sceptiqueRobert AlmederClaudine Tiercelin Le doute en question: Parades pragmatistes au défi sceptique (Doubt in Question: Pragmatist Responses to the Challenge of Skepticism) Paris & Tel-Aviv: Editions de l'eclat, 2005. 332 pp.This book is a serious contribution to the highest standards of scholarship along with a masterful ability to re-deploy the results of that contribution in a striking display of philosophical (...) acumen aimed at showing us how to set aside that vast body of contemporary literature devoted to taking seriously the challenge of contemporary skepticism in epistemology, metaphysics and ethics. It is not enough to say that this is an excellent book. Those who think that philosophy done well is a commanding esthetic experience will find Tiercelin's book a work of high art performed and executed with style, deep analytic insight, and grace.The author, who teaches American Philosophy, Contemporary Epistemology and Philosophy of Language at the University of Paris, is an outstanding scholar and an incisive philosopher. She is pre-eminently equipped to elucidate and advance philosophical discourse by carefully applying the best of pragmatic thought to enduring epistemological, metaphysical and ethical problems associated with strong global skepticism. She has a sensitive and broad command of the critical texts, and shows us why the usual objections to pragmatic epistemology, for example, are, in spite of continuing popularity, unacceptable in the light of those texts. She guides us back to Peirce's doubt-belief theory of inquiry and argues carefully not only that the purpose of all inquiry is to establish reliable beliefs that allow us to adapt successfully to the myriad demands of an independent world, but also that our explication of the nature of truth and knowledge must be made consistent with that fundamental point. That in itself would be enough for [End Page 282] a fine book. But she then goes further to delineate how pragmatic thought can be redeployed to discover the inadequacy of several responses to contemporary arguments for skepticism (including the argument from ignorance) and at the same time show how those very pragmatic theses deserve a place of honor in virtue of their demonstrable power to dissolve or undermine the main arguments for the skeptic's general story.After an introductory section outlining the new rise and nature of contemporary skepticism with its roots in ancient and modern philosophy, the book divides nicely into seven sections bearing the following titles:1. The nature and impact of the skeptical challenge in contemporary philosophy2. To what extent can we doubt?3. Two pragmatic strategies in the face of doubt: Peirce and Wittgenstein4. Pragmatism or the human logic of truth5. The ethical response to the skeptical challenge;6. Do we perceive the external world? and7. The risk of error and the presumption of knowledge.In the introduction and in the first two sections, Tiercelin shows in detail the continuity between the contemporary resurgence in skeptical thought affirming that knowledge that P requires the elimination of every possibility of error, and the Cartesian thesis to the effect that as long as one can imagine any universe of discourse in which one might be mistaken for any reason in what one believes, one's belief is not an item of knowledge. But, for Tiercelin, while knowledge may be a form of justified true belief, justification sufficient for knowledge simply does not require freedom from the logical possibility of error. Later, in the conclusion of the book (p. 253) she returns to this same issue and notes that, along with many others, even the late David Lewis accepted the unfortunate Cartesian thesis when he asserted in "Elusive Knowledge" (Australasian Journal of Philosophy 74.4 [1996]: 549ff) that there is something fundamentally contradictory with sentences such as "I know that P, but I may be mistaken". After all, so the Lewis story goes, if you know that P, there can be no sense in which what you know could be mistaken. At any rate, in the first two sections, Tiercelin delineates different kinds of doubt, and argues from a Peircean perspective on the nature and origin of real doubt... (shrink)

The concept of human nature in Machiavelli’s work can be discussed on two levels. The first level regards its fundamental anthropological pessimism. The starting points of Machiavelli’s political philosophy is that people are inclined by nature to be evil, which, as quoted in The Discourses on Livy, must be taken as a starting assumption by every legislator. On the second level, the nature of a particular man is essentially unchangeable, and thus when it agrees with the (...) times, he succeeds, and when a man is in contradiction with what is required by the context, failure is inevitable. Many examples from Machiavelli’s work show that his pessimistic insight into human nature is the foundation upon which his entire political theory is built. The human nature, prone to evil and selfishness, is the explanation for the creation of communities, laws and state institutions, but also for the dynamics that lead to their decay and destruction. (shrink)

In their recent book Every Thing Must Go, Ladyman and Ross claim: (i) Physics is analytically complete since it is the only science that cannot be left incomplete. (ii) There might not be an ontologically fundamental level. (iii) We should not admit anything into our ontology unless it has explanatory and predictive utility. In this discussion note I aim to show that the ontological commitment in implies that the completeness of no science can be achieved where no (...) class='Hi'>fundamental level exists. Therefore, if claim requires a science to actually be complete in order to be considered as physics,, and if Ladyman and Ross's “tentative metaphysical hypothesis ... that there is no fundamental level” is true,, then there simply is no physics. Ladyman and Ross can, however, avoid this unwanted result if they merely require physics to ever strive for completeness rather than to already be complete. (shrink)

In this chapter I lay out a notion of philosophical naturalism that aligns with pragmatism. It is developed and illustrated by a presentation of my views on natural kinds and my theory of concepts. Both accounts reflect a methodological naturalism and are defended not by way of metaphysical considerations, but in terms of their philosophical fruitfulness. A core theme is that the epistemic interests of scientists have to be taken into account by any naturalistic philosophy of science in (...) general, and any account of natural kinds and scientific concepts in particular. I conclude with general methodological remarks on how to develop and defend philosophical notions without using intuitions. (shrink)

I examine Robert Brandom's reading of the classical pragmatists, as given in his new book Perspectives on Pragmatism: Classical, Recent, and Contemporary. I argue that his reading is deficient in certain fundamental respects, and that this deficiency illuminates important blind spots in Brandom's overall theoretical project. Specifically, I focus on Brandom's rationalist pragmatism and its rejection of the classical pragmatic conception of experience. I argue that this rejection is based on an overly instrumental reading of the classical (...) figures, as well as on an incorrect interpretation of them as succumbing to the Myth of the Given. My overall goal is to demonstrate that Brandom is lead astray in his encounter with the classical pragmatists because of his unwillingness to integrate into his theoretical picture the essentially embodied nature of human cognitive and practical activity. (shrink)

With its poetic and highly paratactic style and its reliance on the essay form Emerson’s program, I believe, is best captured with the expression ‘speculative pragmatism’. I will attempt to give this expression some consistency. The trajectory I have chosen for this task is as follows: I will begin with considerations concerning the fundamental relation between metaphysics and aesthetics for Emerson, then move on to the more specific relation between aesthetics and the work of art with literature as (...) its prime example, and end with some thoughts on the relation between art and ethics. What emerges at the end of this trajectory is an understanding of art as the primary means of metaphysical inquiry apt to disclose the fundamental nature of Being. In Emerson’s romantic-idealist framework, such ontological disclosure at the same time amounts to the unearthing of the ethical injunction to attune oneself to the Idea. Emerson’s speculative pragmatism accordingly preaches ‘the practice of ideas, or the introduction of ideas into life’. The primary site of such practice, that is, the paradigmatic speculative pragmatist enterprise is precisely art; hence the form that Emerson’s writings take. (shrink)

This book represents a unique attempt to reconcile the traditional oppositions of the natural law and social utopian traditions, providing basic insights into the meaning of human rights in a socialist society.

The covid-19 pandemic and the increasingly polarized political situation in many countries today have highlighted the significance of various humanly natural intellectual mistakes, cognitive biases, and widespread inferential errors. This essay examines, at a philosophical meta-level, the relation between our natural epistemic errors and the kind of humanly unavoidable transcendental illusion analyzed by Immanuel Kant in the Transcendental Dialectic of the First Critique. While both kinds of illusion are usually primarily discussed in an epistemological context, my approach is not exclusively (...) epistemic. Rather, my main argument extends the broadly Kantian critique of reason – as a critical via negativa focusing on what is epistemically “wrong” about us, as the kind of cognitive agents we human beings naturally are – into a pragmatically enriched investigation of “the negative” as constitutive of the human condition, that is, our lack of sufficiently critical epistemic and ethical capacities, including our propensity to both cognitive error and moral evil. Our being inescapably inclined to manifest such negativities in our epistemic and ethical lives, and our insufficient awareness of doing so, are, arguably, “transcendental facts” about us, to be critically examined in terms of a Kantian-cum-pragmatist philosophical anthropology. This significantly enriches our picture of transcendental philosophy. (shrink)

Shaun Gallagher applies enactivist thinking to a staggeringly wide range of topics in philosophy of mind and cognitive science, even venturing into the realms of biological anthropology. One prominent point Gallagher makes that the holistic approach of enactivism makes it less amenable to scientific investigation than the cognitivist framework it seeks to replace, and should be seen as a “philosophy of nature” rather than a scientific research program. Gallagher also gives truth to the saying that “if you want (...) new ideas, read old books”, showing how the insights of the American pragmatists, particularly Dewey and Mead, offer a variety of resources and tools that can be brought to bear on modern day enactivism. Here, I suggest that the adoption of enactivist thinking would undermine the assumptions of certain scientific positions, requiring their abandonment, rather than simply making it more difficult to conduct research within an enactivist framework. I then discuss how Mead’s work has been used previously as a “pragmatist intervention” to help resolve problems in a related 4E endeavour, Gibson’s ecological psychology, and make a case for the inclusion of radical behaviorism as another pragmatist resource for 4E cognition. I conclude with a plea for further enactivist intervention in studies of comparative cognition. (shrink)

This volume offers critical responses to philosophical naturalism from the perspectives of four different yet fundamentally interconnected philosophical traditions: Kantian idealism, Hegelian idealism, British idealism, and American pragmatism. In bringing these rich perspectives into conversation with each other, the book illuminates the distinctive set of metaphilosophical assumptions underpinning each tradition's conception of the relationship between the human and natural sciences. The individual essays investigate the affinities and the divergences between Kant, Hegel, Collingwood, and the American pragmatists in their (...) responses to philosophical naturalism. The ultimate aim of Responses to Naturalism is to help us understand how human beings can be committed to the idea of scientific progress without renouncing their humanistic explanations of the world. It will appeal to scholars interested in the role idealist and pragmatist perspectives play in contemporary debates about naturalism. (shrink)

A popular if controversial claim, and troublesome for environmental philosophy, ethics, and related disciplines, is that “there is no such thing as nature.” The social constructionist version of this claim makes it difficult to draw a distinction between human and nonhuman nature. In response, first, the concept of landscape can be helpful in drawing this distinction. Second, taking this approach is consistent with at least one interpretation of Richard Rorty’s neopragmatism. Constructionism can be divided into two forms: (...) moderate and radical. Moderate constructionism allows the landscape/nature distinction; radical constructionism excludes it. Rorty’s claim that independent reality is “the world well lost” apparently marks him as a radical constructionist. Nevertheless, the core doctrines of his neopragmatism constitute a moderate constructionism, allowing the nature/landscape distinction. The real problem is Rorty’s anthropocentric instrumentalist characterization of pragmatic justification. Left in place, it rendersneopragmatism a form of radical social constructionism. Redescribing the terms of justification in less anthropocentric instrumentalist terms is consistent with the anti-Platonist core of neopragmatism. Thus redescribed, neopragmatism is fully consistent with the landscape/nature distinction. Anthropocentric instrumentalism, not social constructionism per se, is the problem. (shrink)

This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of (...) pragmatism are revealed. The result is a clearer understanding of what pragmatism has meant and can mean across these tightly related philosophical areas. The book, then, is itself pragmatism in action: it seeks to clarify its unifying concept by examining the practices that centrally involve it. (shrink)

In this essay, I argue that Dewey's version of pragmatism did not allow him to develop a coherent theory of moral education. Dewey maintained that any learning is the matter of an acquisition of habits, and knowledge is a network of such habits. He did not distinguish between the actions and the purpose of these actions. Moreover, he suggested that the virtuousness of actions is contingent on the particular environment of the agent. Dewey's insistence on abstinence from a determination (...) of educational goals together with his conceptual ambiguity about the nature of habits and actions leave his contribution to our insights into moral education wanting. (shrink)

This book uses literary examples makes the case for understanding law and the legal system through the lens of philosophical pragmatism. For pragmatists, experience is everything; and they argue against understanding the world through any abstraction, maintaining that it is simply too complicated to fit into categories or theories. Legal pragmatism is the application of this philosophy to the making of law, the practice of law, and the practice of judging. This book maintains that the best way (...) to understand legal pragmatism is not through bare theoretical exegesis but through literature; that is, through stories that cast light on various pragmatic aspects of law. Engaging a range of literary sources, including works by Seamus Heaney, Hilary Mantel, Harper Lee and Ian McEwan, the book makes a compelling case for the contemporary relevance of pragmatism. This book will appeal to legal theorists, law and literature/humanities scholars; readers of literary criticism; and those with interests in pragmatist philosophy. (shrink)

"Public reason" is one of the central concepts in modern liberal political theory. As articulated by John Rawls, it presents a way to overcome the difficulties created by intractable differences among citizens' religious and moral beliefs by strictly confining the place of such convictions in the public sphere. Identifying this conception as a key point of conflict, this book presents a debate among contemporary natural law and liberal political theorists on the definition and validity of the idea of public reason. (...) Its distinguished contributors examine the consequences of interpreting public reason more broadly as "right reason," according to natural law theory, versus understanding it in the narrower sense in which Rawls intended. They test public reason by examining its implications for current issues, confronting the questions of abortion and slavery and matters relating to citizenship. This energetic exchange advances our understanding of both Rawls's contribution to political philosophy and the lasting relevance of natural law. It provides new insights into crucial issues facing society today as it points to new ways of thinking about political theory and practice. (shrink)

Gentzen’s and Jaśkowski’s formulations of natural deduction are logically equivalent in the normal sense of those words. However, Gentzen’s formulation more straightforwardly lends itself both to a normalization theorem and to a theory of “meaning” for connectives . The present paper investigates cases where Jaskowski’s formulation seems better suited. These cases range from the phenomenology and epistemology of proof construction to the ways to incorporate novel logical connectives into the language. We close with a demonstration of this latter aspect (...) by considering a Sheffer function for intuitionistic logic. (shrink)

Ernst Bloch, one of the most original and influential of contemporary European thinkers and a founder of the Frankfurt School, has left his mark on a range of fields from philosophy and social theory to aesthetics and theology. Natural Law and Human Dignity, the first of his major works to appear in English is unique in its attempt to get beyond the usual oppositions between the natural law and social utopian traditions, providing basic insights on the question of human rights (...) in a socialist society. Natural Law and Human Dignity is a sweeping yet synthetic work that critically reviews the great legal philosophies, from Plato to the present, in order to uncover and clarify the normative features of true socialism. Along the way it offers thoughtful reflections on topics as diverse as the abolition of poverty and degradation, the nature of the state, and the installation of freedom and dignity.Taking the idea of natural law as his guiding thread, Bloch argues that revolution and right, rather than being antagonistic, are fundamentally interconnected. With their emphasis on human dignity, the traditions of natural law have an irreplaceable contribution to make to the socialist vision of a more humane society. In his effort to wed the demands of law and right to the agenda of social revolution, Bloch offers a radical restructuring of our understanding of the social world. This rethinking of the fundamental principles of political philosophy is the product of a long personal and philosophical odyssey. Bloch lived as a writer in Munich, Bern, and Berlin until he was forced to emigrate to Czechoslovakia and then to the United States during World War 11. After the war he returned to East Germany, where he held a chair in philosophy at the University of Leipzig. He emigrated to the west as the Berlin Wall was being built, and he taught at the University of Tübingen until his death. Natural Law and Human Dignity is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Natural Law and Thomistic Juridical Realism: Prospects for a Dialogue with Contemporary Legal Theory by Petar PopovicPius Pietrzyk O.P.Natural Law and Thomistic Juridical Realism: Prospects for a Dialogue with Contemporary Legal Theory. By Petar Popovic. Foreword by F. Russell Hittinger. Washington, D.C.: The Catholic University of America Press, 2022. Pp. xv + 307. $75.00 (hardcover). ISBN: 978-0-8132-3550-9.About a decade ago the former Cardinal Archbishop of Chicago, H. E. (...) Francis Cardinal George, one of the great theologian bishops of the American episcopate, issued a letter on a piece of pending legislation in the state of Illinois. The focus of the letter was on the teaching of the natural law, and why adherence to the natural law required opposition to the proposed legislation. In response, a well-known law professor at a prestigious secular [End Page 710] law school in the state wrote a public response for an online political website. The focus of his argument was to criticize the notion of natural law according to his understanding of the teaching of St. Thomas Aquinas. It is not necessary to describe the details of his argument, other than to say it tended to understand natural law as mere naturalism that evinced a fairly glaring misreading of the Angelic Doctor. That is, the secular legal scholar argued, in essence, that since the activity in question was observable by animals in nature, that it was therefore part of the natural law, and could be defended as a right. To this, a Thomistic sed contra is perhaps the most fitting response.As this story makes clear, there is a great ignorance of what constitutes the natural law in the secular consciousness, even among the most respected of secular legal scholars, to say nothing of the application of the natural law to the juridic world of law and politics. Perhaps the last hurrah of natural law, at least in the American public consciousness, was then Sen. Joseph Biden’s famous grilling of Supreme Court nominee Clarence Thomas on the subject in 1991. Since then, legal positivism has become nearly universal, divorcing legal norms from any realistic understanding of a common human nature. It has become the dominant ideology in America’s legal academies, even if some adherents of natural law remain in positions of authority in the judicial system.Although it has faded from the world of secular law in the United States, the tradition of natural law has retained a firm hold in Catholic thought, especially by that religious order dedicated to the teachings of its most brilliant adherent, St. Thomas. Not only Thomistic natural law, but proponents of the so-called new natural law continue to provide a vibrant source of debate and insight into the understanding of the natural law in evaluating the goodness of human action. Pope John Paul II’s famous encyclical Veritatis Splendor represents the magisterial commitment to the natural law approach in moral thinking, even if some might believe that commitment has weakened in recent years.To a lesser degree, there has remained a strong current of natural law thinking within the currents of legal philosophy in canon law, even if the precise connection between natural law and its juridic instantiation has not always been the focus. Among recent ecclesiastical legal theorists, arguably the most influential proponent of a robust natural law approach to legal philosophy was the Spanish canonist Javier Hervada Xiberta, and especially his Introducción crítica al derecho natural, currently in its tenth Spanish edition. A disciple of Jose Maria Escriva’s Opus Dei movement, Hervada was a long-serving and internationally respected dean of the School of Law in Navarre. Through his teaching and the various journals he founded, he insisted on the link between law and justice—lex and ius. Hervada was firmly convinced of the realism of law: law is nothing less than the ipsa res iusta. That notion of ius was not simply an idea, but recognized a real relationship of debt and obligation between persons. [End Page 711]In this, Hervada saw himself as the proponent not of some novel theory, but merely of one... (shrink)

In this essay, I argue that Gilbert Ryle’s 1949 _The Concept of Mind_ owes much to the little-known work of Margaret Macdonald. In 1937, Macdonald presented to Ryle her expansion of the pragmatist ideas she found in C. S. Peirce and F. P. Ramsey: (1) beliefs are dispositions; (2) there is a distinction between _knowledge how_ and _knowledge that_; and (3) laws are inference tickets or rules with which we meet the future. It is my contention that Ryle drew on, (...) without acknowledgment, Macdonald’s presentation of these pillars of the pragmatist position. This argument will not only bring the superb analytic philosopher Margaret Macdonald back into the light where she belongs, but will also elaborate the important insights of pragmatism about generalizations, hypotheses, and causal laws, all of which remain influential. (shrink)

Within the last decade, thousands of studies have described communication processes in and between organisms. Pragmatic philosophy of biology views communication processes as rule-governed sign-mediated interactions (rsi's). As sign-using individuals exhibit a relationship to following or not-following these rules, the rsi's of living individuals dier fundamentally from cause-and-effect reactions with and between non-living matter, which exclusively underlie natural laws. Umwelt thus becomes a term in investigating physiological influences on organisms that are not components of rsi's. Mitwelt is a term for (...) the investigation of all rsi's of organisms. Living organisms are never solus ipse subjects of semioses, but share common sets of rules and signs. Life depends decisively on symbiotic communities. Serial Endosymbiotic Theory proved that the evolution of the eukaryotic super-kingdom was a merger of anchestral bacteria. The integration of bacterial genomes into eukaryotic genomes was also a step from analog to symbolic genetic codes. Now we know, that so-called ‘junk DNA’ has higher order regulatory functions on genome architecture and protein coding DNA plays only the role of a structural vocabulary. (shrink)

The paper identifies and assesses the implications of two approaches to the field of artificial intelligence and legal reasoning. The first — pragmatism — concentrates on the development of working systems to the exclusion of theoretical problems. The second — purism — focuses on the nature of the law and of intelligence with no regard for the delivery of commercially viable systems. Past work in AI and law is classified in terms of this division. By reference to The (...) Latent Damage System, an operational system, the paper articulates and responds to conceivable purist (jurisprudential and AI) objections to such a program. The methods of the pragmatist are also called into question and refined. The author concludes that pragmatism within a purist framework is the only sound approach to developing reliable AI systems in law. (shrink)

SUMMARYThis article discusses the works of the first two lecturers on natural law in Copenhagen, Henrik Weghorst and Christian Reitzer. Contrary to the existing scholarship which characterises their works as derivative of either Grotius or Pufendorf, the article argues that the character and significance of these works can only be grasped when understood in light of the local intellectual traditions which they built upon. Seen against this background, it becomes clear that Weghorst and Reitzer developed significantly different theories of natural (...) law, disagreeing on such fundamental issues as the definition of law, the moral good, and the role of sociality in natural law. Following a tradition of Christian natural law in Kiel, Weghorst developed a theory of natural law fundamentally critical of the secularising theories of Grotius and Pufendorf, while Reitzer followed Pufendorf and his disciple Christian Thomasius in Halle. The article concludes by indicating how Weghorst’s and Reitzer’s works established the framework for discussions of natural law in the first decades of the eighteenth century, suggesting the need for further research into the significance of natural law for the early enlightenment in Denmark–Norway. (shrink)

Vitoria’s 1537 lecture On the American Indians asserts moral equality and fundamental rights for all humans but is contradicted by the significant inequalities between Spanish conquistadores and indigenous peoples of Mexico and Peru. Despite recognizing these rights, Vitoria’s vision supports an unequal Euro-American relationship regarding territorial sovereignty, self-defense, self-determination, and religious freedom. His insights have implications for contemporary international law concerning indigenous rights. However, his theological framework limits this potential. To better address indigenous issues today, I advocate reframing Vitoria’s (...) perspective by replacing his natural law-based human-rights essentialism with a naturalistic approach that views human rights as social constructs. This shift can help develop international law to prevent violent interactions and promote equality between indigenous and non-indigenous peoples, reducing reliance on nation states to safeguard indigenous rights. Received: 03 August 2023 Accepted: 18 April 2024. (shrink)

There is a lack of clarity in the literature about what constitutes the natural law approach to ethics and what is incompatible with it. The standard, and largely historical, way of understanding the natural law approach risks overlooking theoretical differences of fundamental importance regarding what the natural law approach is usually taken to uphold. Against Craig Paterson, I argue that a necessary condition for an ethical account to uphold fully the natural law approach is that it does not contain (...) any dependence upon the metaethical category of non-naturalism understood in non-supernaturalist (secular) terms. Using the ‘new natural law’ theory of John Finnis to illustrate my case, I also argue that an ethical theory can be largely in keeping with the natural law approach but nonetheless contain elements at odds with it: the issue is more complex than a simple binary. This is an under-explored possibility in natural law ethics. (shrink)

This work is at once sympathetic and critical, as well as a very clear and perceptive treatment of some of the major theories of four pragmatists. The author holds pragmatism to be a significant contribution to modern thought in that it is a serious attempt to rethink philosophical problems in the light of new scientific developments, and is comprehensive in dealing with both old and contemporary problems. The separate treatments of Peirce, James, Mead, and Dewey contain a biographical comment, (...) explanations of their philosophical positions, and separate sections of critical remarks. Peirce is the most extensively treated of the four. This section includes discussions of Peirce’s cosmological views, criticisms of Cartesianism, his views on inquiry, clarification of ideas, and the nature of thought. While in many ways sympathetic with Peirce’s thought, in particular his view that beliefs are in fundamental ways tied to action and expectation, Scheffler questions in the light of scientific practice, for example, whether doubt must as Peirce says, be real and unfeigned. Moreover he is critical of Peirce’s suggestion that science is a good method of fixing or stabilizing belief, and holds as insufficient his explanation of regularity on the basis of pure spontaneity alone. (shrink)

In a world shaped by contradictions, uncertainties, and evolving paradigms, Neutrosophic Philosophy emerges as a groundbreaking framework that transcends binary thinking. Rooted in the study of neutralities, contradictions, and their dynamic interplay, this philosophy redefines classical logic, epistemology, and ontology, offering a comprehensive approach to understanding reality. Through the lens of Neutrosophy, this book collects papers exploring fundamental concepts such as the continuum of neutralities, equilibrium of ideas, thesis-antithesis-neutrothesis, challenging traditional dialectical structures. It expands the boundaries of philosophy by (...) integrating mathematization, many-valued logics, and transdisciplinary approaches to knowledge. From quantum mechanics and artificial intelligence to ethics, sociology, and literature, the applications of Neutrosophy are vast and transformative. Whether reinterpreting paradoxes, reshaping philosophical foundations, or exploring the infinite nature of truth, this work paves the way for a new way of thinking—one that embraces ambiguity, indeterminacy, and the coexistence of opposites. By bridging disciplines and introducing innovative principles such as Neutrosophic Logic, Neutrosophic Social Evolution, and Neutrosophic Materialism, this book serves as both a theoretical foundation and a practical guide for scholars, researchers, and thinkers seeking a deeper understanding of complexity in the modern world. Neutrosophic Philosophy is not just an exploration of knowledge—it is an invitation to rethink the very essence of truth, reality, and human understanding. (shrink)

What grounds facts of ground? Some metaphysicians invoke fundamental grounding laws to answer this question. These are general principles that link grounded facts to their grounds. The main business of this paper is to advance the debate about the metaphysics of grounding laws by exploring the prospects of a plausible yet underexplored minimalist account, one which is structurally analogous to a familiar Humean conception of natural laws. In the positive part of this paper, I articulate such a novel view (...) and argue for its merits. The minimalist account shuns essences and takes laws to be unmysterious elite regularities. Therefore, it is a promising alternative for theorists of ground who spurn the acceptance of essentialism about the grounding laws but think that these are needed in our theorizing. In the negative part, I argue that widely accepted principles of ground, coupled with the tenets of minimalism, jeopardize the fundamentality of the grounding laws. I discuss two immediately available and prima facie appealing strategies to evade this threat. However, I show that both have undesirable theoretical costs. I conclude by casting doubts on whether the benefits of a minimalist account of fundamental grounding laws outweigh such costs. (shrink)

Procedural justice, or the ability of people affected by decisions to participate in making them, is widely recognized as an important aspect of environmental justice. Procedural justice, moreover, requires that affected people have a substantial understanding of the hazards that a particular decision would impose. While EJ scholars and activists point out a number of obstacles to ensuring substantial understanding—including industry’s nondisclosure of relevant information and technocratic problem framings—this article shows how key insights from Science and Technology Studies about the (...) nature of knowledge pose even more fundamental challenges for procedural justice. In particular, the knowledge necessary to inform participation in decision making is likely not to exist at the time of decision making, undermining the potential for people to give their informed consent to being exposed to an environmental hazard. In addition, much of the local knowledge important to understanding the consequences of hazards will develop only after decisions have been made, and technoscientific knowledge of environmental effects will inevitably change over the period during which people will be affected by a hazard. The changing landscape of knowledge calls into question the idea that consent or participation during one decision-making process can by itself constitute procedural justice. An STS-informed understanding of the nature of knowledge, this article argues, implies that procedural justice should include proactive knowledge production to fill in knowledge gaps, and ongoing opportunities for communities to consent to the presence of hazards as local knowledge emerges and scientific knowledge changes. (shrink)

Enactive theory seems to be reaching a critical juncture in its evolution, as it expands beyond cognitive science to include a project that Shaun Gallagher has called “new naturalism”: a “phenomenologized” reconstruction of nature, directed by a distinctive view of experience that is itself a product of “naturalized phenomenology.” This article aims to contribute to conversations about how to move forward with this project by highlighting important parallels between the trajectory of enactive theory and the early history of (...) class='Hi'>pragmatism. Pragmatism was first developed by Peirce, James, and Dewey out of a distinctive view of experience that strongly resembles that of enactive theory. Then, during the first third of the twentieth century, pragmatism evolved into a philosophy of nature and played a leading role in a reconstructive project much like the “new naturalism” proposed by Gallagher and others. Around midcentury, however, this project was largely abandoned as philosophers turned to problems of more limited scope. This history raises crucial questions for proponents of enactive “new naturalism”: Why did the pragmatist version of this project fail to achieve its aims? And how will it be different this time? (shrink)

This essay describes modern American legal pragmatism. Its origins in pragmatist philosophy are traced, and it is compared with the law and economics movement in American law and the formalist style of Continental legal theory. The essay argues that the inevitability of legal pragmatism in America, and its dispensability in Europe, reflect fundamental institutional and cultural differences rather than mere accidents of history or legal thought.

The ubiquity of chaos in classical mechanics (CM), as opposed to the situation in standard quantum mechanics (QM), might be taken as speaking against QM being the fundamental theory of physical phenomena. Bohmian mechanics (BM), as a formulation of quantum theory, may clarify both the existence of chaos in the quantum domain and the nature of the classical limit. Two interesting possibilities are (i) that CM and classical chaos are included in and underwritten by quantum mechanics (BM) or (...) (ii) that BM and CM simply possess a common region of (noninclusive) overlap. In the latter case, neither CM nor QM alone would be sufficient, even in principle, to account for all of the physical phenomena we encounter. In this talk I shall summarize and discuss the implications of some recent work on chaos and on the classical limit within the framework of BM. (shrink)

Ethics is often viewed as the elaboration of and compliance to norms, a.k.a. as the deductive model of ethics. This is well illustrated by the mainstream development of codes of ethics and ethics committees in the healthcare setting and beyond. Drawing upon a recent synthesis of pragmatist insights on the nature of ethics as well as contemporary scholarship on human flourishing, I explain how ethics is not primarily about the compliance of experience and agency to preset norms but about (...) liberation and empowerment within a process of existential meaning-making. This point is made in the context of two important tasks of ethics: (1) understanding moral problems and (2) providing guidance for solving such problems. (shrink)

This chapter focuses on the dispute between necessitarians and contingentists, mainly addressing the issue as to whether laws of nature are metaphysically necessary or metaphysically contingent with a weaker kind of necessity, commonly referred to as natural, nomological, or nomic necessity. It is assumed here that all fundamental properties are dispositional or role properties, making the dispute a strictly verbal one. The existence of categorical intrinsic properties as well as dispositional properties is also assumed and the relationship between (...) them examined. Finally, the chapter concludes by returning to the debate between necessitarians and contingentists under the assumption that both dispositional and categorical fundamental properties exist. It is argued here that necessitarian positions can be recast as contingentist, but that there are unequivocally contingentist positions preferred because they are less mysterious despite being ontologically more complex. (shrink)

The intuitive distinction between natural and unnatural properties (e.g., green vs. grue) informs our theorizing not only in fundamental physics, but also in non-fundamental domains. This paper develops a reductive account of this broad notion of naturalness that covers non-fundamental properties: for a property to be natural, I propose, is for it to figure in a law of nature. After motivating the account, I defend it from a potential circularity charge. I argue that a suitably broad (...) notion of lawhood can be defined independently of naturalness, if we help ourselves to the notion of a fundamental physical property. I end by showing how the notions of naturalness and lawhood that my account delivers help illuminate a number of other important philosophical notions, like causation, reference/meaning, and rational induction. (shrink)

Language suggestive of natural law ethics, similar to the Catholic understanding of ethical foundations, is prevalent in a number of disciplines. But it does not always issue in a full-blooded commitment to objective ethics, being undermined by relativist ethical currents. In law and politics, there is a robust conception of "human rights", but it has become somewhat detached from both the worth of persons in themselves and from duties. In education, talk of "values" imports ethical considerations but hints at a (...) subjectivist view of them. In the psychology and sociology of drug use, ethically thin concepts of "harm minimisation" and "selfimage" dominate discussion and distract attention from the virtue of temperance and the training of character. A more forceful assertion of an ethics based on the worth of persons in these cases would be most desirable. Arguments against objectivity in the fundamentals may be replied to by examining the parallel between ethics and the discipline whose objectivity has been least challenged by relativist arguments, mathematics. (shrink)

Pragmatism views theory as embedded in our practices, and develops a normative methodology for evaluating our purposes. Neither theory nor practice are more fundamental: we evaluate practices for efficiently reaching ends, and we re-evaluate ends in light of the possible pursuits appropriate for flourishing human beings. Pragmatism's philosophical anthropology rejects the Humean prioritization of instrumentalist reason. Practical reason encompasses theoretical reasoning, without reducing truth to what is useful. While our warranted conclusions from inquiry are our only criterion (...) for truth, the objective success of our practices and inquiries depend on interacting with nature, not on thought alone. (shrink)

This book discusses Process Pragmatism, the view that whatever is, derives from interactions. The contributors examine and defend its merits by focusing on major topics, including truth, the existence of unobservables, the origin of knowledge, scientific activity, mathematical functions, laws of nature, and moral agency.

The paper offers some observations with a view to correcting ostensible misunderstandings of the so-called New Natural Law (“NNL”) theory, concluding that the NNL theory is unworkable and unsustainable, even on its own terms. It is argued that the NNL theory is based on fundamental misunderstandings of the nature of necessity in Aquinas; the nature of propositions which are “known in themselves” (per se nota); and the nature of fundamental practical reasoning. It is argued that, (...) where the NNL theory differs from that of Aquinas, the latter provides a better framework for the development of accounts of natural law today. (shrink)

This engaging work presents a persuasive argument for placing a morally populist and somatic pragmatism at the center, not only of aesthetics and art, but also of what the author calls "the aesthetic life." In the opening chapter the author begins by situating pragmatist aesthetics in its philosophical context, chiefly through a contrast with analytic aesthetics. Casting the contrast as a renewal of the quarrel between Kantians and Hegelians, the author elaborates the fundamental opposition of analytic aesthetics to (...) Dewey's naturalistic, instrumental, and self-consciously evaluational view of aesthetics, his emphasis on the centrality of art and its profound continuity with science and life in all the historico-political and socio-economic richness of the latter, his refusal to countenance an undemocratic distinction between high and low art, and finally, his insistence on privileging the aesthetic experience over the material object identified as the work of art. The contrast is deepened in the second chapter as the author argues that the currently regnant and supposedly neutral definition of art as a distinct historical practice collapses into art history, naively leaving the question of value to the inner arbitration of the art world and thereby iterating the forced separation of practice and aesthetic experience. Though the author contends that pragmatist aesthetics overcomes these shortcomings, he acknowledges that the reconstructive definition of art as experience, at least as Dewey formulates it, seems "obscurely elusive" and its revisionary aims "too quixotically ambitious". The author attempts to counter these objections by stressing that the definition is meant, not to provide criteria for judgment and not to effect a sweeping reclassification of art, but to enhance and expedite experience. In this respect, however, the author emphasizes how his project "differs from its Deweyan source". Instead of trying to effect a change through a global redefinition of art, his aim is "to make a more specific case for widening art's borders to forms of popular culture and to the ethical art of fashioning one's life". The second chapter concludes with an effective rebuttal of the challenge that theory in general, including that of a nonfoundationalist pragmatist aesthetics, is impotent and impossible. (shrink)

This book brings together, for the first time, philosophers of pragmatism and economists interested in methodological questions. The main theoretical thrust of Dewey is to unite inquiry with behavior and this book's contributions assess this insight in the light of developments in modern American philosophy, social and legal theories, and the theoretical orientation of economics. This unique book contains impressive contributions from a range of different perspectives and its unique nature will make it required reading for academics (...) involved with philosophy and economics. (shrink)

Containing ten original essays by leading philosophers and scholars of religion, this volume is an important resource for anyone interested in the complex, evolving relationship between pragmatism and philosophical naturalism, especially as this bears upon the study and practice of religion. Matthew Bagger's general introduction and his introductions to each section are important contributions in their own right, providing the historical and contextual background needed to weave the volume's disparate essays into a coherent whole. After briefly summarizing each (...) essay, this review provides a critical response to the eclipse of "representationalism" announced in the volume's subtitle.Part 1 explores the naturalisms... (shrink)

Nursing is frequently described as practical or pragmatic and there are many parallels between nursing and pragmatism, the school of thought. Pragmatism is often glancingly referenced by nursing authors, but few have conducted in-depth discussions about its applicability to nursing; and few have identified it as a significant theoretical basis for nursing research. William James's pragmatism has not been discussed substantially in the nursing context, despite obvious complementarities. James's theme of pluralism fits with nursing's diversity and plurality; (...) his emphasis on social conscience in our actions matches nursing's fundamental purpose of improving the lives of others; his continuous testing of pluralistic truths in critically reflective practice pairs well with nursing's focus on developing best-available, holistic evidence; and his conceptualization of truth as being born in practice and becoming an instrument in practice is entirely compatible with nursing's theory–practice identity. The oft-discussed theory–practice gap is seen to hinder the development of nursing knowledge. If nursing is to find its identity in knowledge development and potentiate the knowledge developed, it is imperative to identify and address that which is impeding progress. By way of the pragmatic tenets of William James, I will argue that a significant part of the theory–practice gap lies in how nursing knowledge development is operationalized, creating a false dichotomy between practice and research. I will also argue that the research–practice schism has been widened by continued philosophical and methodological infighting in the research community. I will describe how Jamesian pragmatism can be 'what works' for rebuilding relationships and supporting an engaged plurality within nursing research and bring research and practice together into a collaborative and iterative process of developing nursing knowledge. (shrink)

This paper examines the well-known pragmatist claim to mediate between philosophical disputes. While recognizing the reconciliatory and harmonizing role that pragmatism plays in traditional debates between, for example, realism and antirealism, naturalism and culturalism, or science and religion, it is argued that the pragmatist also needs to acknowledge that there are situations in which no such mediation is reasonably possible, such as the conflict between racism and antiracism. The metaphilosophical question to be raised is how – in terms of (...) pragmatism itself – we are able to distinguish between these different cases and what exactly it means to apply the pragmatic method to resolving this meta-level issue. Pragmatism here emerges as a thoroughly fallible and antifoundationalist reflexive inquiry into what it means, and what it ought to mean, for us to view philosophical issues in terms of their conceivable practical consequences. The project of mediation must be subordinated to this more fundamental understanding of pragmatist methodology. (shrink)

The most important distinctively American contribution to philosophy is the pragmatist tradition. In this short, lucid, and completely convincing exposition, Professor John P. Murphy begins by exploring the roots of this tradition as found in the work of Peirce, James, and Dewey, demonstrating its power and originality. Historians of philosophy will appreciate the insight Murphy brings to these figures, but the special value of this book lies in his discussion of how the pragmatist spirit has flowered in contemporary philosophy (...) in the work of Quine, Rorty, and Davidson.Throughout, Murphy emphasizes the logic and structure of the views held by these six philosophers and what it is they have in common that makes their work especially “pragmatist.” There is no better introduction to this historical tradition and perhaps no better way into the philosophies of the contemporaries whom Murphy discusses.Interest in pragmatist ideas is undergoing a revival at present, and this book shows us why. It will be of interest to both historians of philosophy and students of contemporary philosophy. (shrink)

The idea of natural law, says the author, "is based on a belief that there exists a moral order which every normal person can discover by using his reason, and of which he must take account if he is to attune himself to his necessary ends as a human being." This notion has supported the philosophy and behaviour of men in all cultures since the beginning of society. It is implicit in the Mosaic code; is fundamental in the thought (...) of Aristotle, Thomas Aquinas, Rousseau, Newton and Mill; served as the "higher law" basis for English common law and the American Constitution; and is still relevant today. It is to natural law and to its relation to the condition of our society that the seven distinguished contributors to this volume address themselves. In keeping with their widely divergent backgrounds and different faiths, the writers reveal a refreshing range of opinion within a fundamental unity. (shrink)