This chapter contains sections titled: References and Further Reading.

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name (...) for threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain (...) norms, but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

Replicability is a term that not only comes with different meanings in the literature of many domains but is often associated or confused with other terms such as ‘reproducibility,’ ‘repeatability,’ ‘reliability,’ ‘validity,’ and so on. To add to the confusion, it can even be used differently across diverse disciplines. Though all named concepts are important, what makes them barely advantageous is that they do not cover some peculiar aspects of the replicability and validation processes, i.e., appropriateness of conceptualization; (...) trustworthiness of operational definition and operational acts; accuracy of researcher’s description, categorization and/or measurement; successfulness of observational (or field) relation. Moreover, in social sciences and organization studies, the concept of validity of data is highly questionable due to the quite frequent shortage of real statuses of the observed objects. The present paper aims to challenge the received view on the concept of ‘replicability,’ by proposing a “situational approach” based on the idea that replicability works under certain organizational and socio-technic conditions, and that it is heavily influenced by the way that different stakeholders (scientists, technicians, participants artifacts, and technologies) respond to them. Consequently, it is important to understand how and why replicability works in different contexts. Its main purpose, without denying the importance of current conventional perspectives on replicability and its siblings, is to widen and change them to include an organizational setting and a reflexive epistemology. This implies the pursuit of a third way of replicability, between the postmodernist negation of its possibility and its opposite, i.e., a naïve naturalism. A way asserting that replicability is a jigsaw puzzle or a mosaic, constituted by discursive practices (poetics) and organizational achievements guiding the politics of accountability, validation and legitimation. The domain here considered pertains to the social and organizational sciences. However, though going beyond the aim of this essay, many issues could be reframed and adapted to medical, natural and physical sciences, as some of the following examples can show. (shrink)

In recent years, the development and the use of engineered nanomaterials have generated many debates on whether these materials should be part of the new or existing regulatory frameworks. The uncertainty, lack of scientific knowledge and rapid expansion of products containing nanomaterials have added even more to the regulatory dilemma with policy makers and public/private actors contenting periods of both under and over regulation. Responding to these regulatory challenges, as well as to the global reach of nanotechnology research (...) and industrial needs, governance arrangements beyond the state have addressed the challenge head-on. This article focuses on the governance arrangements of the International Organization for Standardization (ISO), which has led to the development of numerous “horizontal anticipatory standards” with an important role in setting the foundation for science, technology and market development. During the course of its operation ISO has broadened its scope to address not only technical issues related to the concept and the size of nanomaterials but also broader aspects of the technology, including health, environment and safety issues. The increasing relevance of the ISO to regulate economic relations and achieve certain public policy goals has given rise to many concerns about its legitimacy. The important questions are whether these governance arrangements may be deemed as being legitimate and where this legitimacy is derived from? What are the main sources of legitimacy at the transnational level and how we can apply them to analyse nanotechnology standardization? This article provides concise answers to these questions. It focuses at the normative concepts of democratic and scientific legitimacy and explores the institutional structures and processes by which nanotechnology standards are established. (shrink)

Assisted migration, an ecosystem engineering technology, is receiving increasing attention and significant support as a means to save biodiversity in a changing climate. Few substantive, or not obviously deficient, reasons have been offered for why pursuing this conservation goal via these means might be good. Some proponents of AM, including those who identify themselves as “pragmatists,” even suggest there is little need for such argument. We survey the principal reasons offered for AM, as well as reasons offered for (...) not offering reasons. As exemplified by the case for translocating whitebark pine, which may at first seem especially strong, we note the incongruence of framing the goal of AM in terms of “saving biodiversity,” neglect of some crucial moral questions, marginalization of normative and scientific context when AM is cast as the lesser of two evils in a “crisis,” doubtful validity and, in any case, marginal importance of arguments that AM projects ought to be undertaken, inconsistent use of scientific facts, and omission of science that counters sanguine assessments. All told—even in cases such as whitebark pine for which AM may seem most defensible—there is little reason to think that AM projects are good as means to “save biodiversity,” or good as means to other goals that have accreted into arguments for these projects. (shrink)

Since James Carroll (1971) made a strong case for “participatory technology”, scientists, engineers, policy-makers and the public at large have seen quite a number of different approaches to design and implement participatory processes in technology assessment and technology policy. As these participatory experiments and practices spread over the last two decades, one could easily get the impression that participation turned from a theoretical normative claim to a working practice that goes without saying. Looking beyond the well-known forerunners and considering (...) the ambivalent experiences that have been made under different conditions in various places, however, the “if” and “how” of participation are still contested issues when questions of technology are on the agenda. Legitimation problems indicate that attempts to justify participation in a given case have not been entirely successful in the eyes of relevant groups among the sponsors, participants, organizers or observers. Legitimation problems of participatory processes in technology assessment and technology policy vary considerably, and they do so not only with the two domains and the ways of their interrelation or the specific features of the participatory processes. If we ask whether or not participation is seen as problematic in technology assessment and technology policy-making and in what sense it is being evaluated as problematic, then we find that the answer depends also on the approaches and criteria that have been used to legitimize or delegitimize the call for a specific design of participation. (shrink)

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

There is a parallel between a project pursued by the logical positivists and the contemporary effort to determine whether intentional properties can be naturalized. According to the verificationist account of meaningfulness advocated by the positivists, a sentence is meaningful, if and only if, it stands in an appropriate relation to observation sentences. Sentences that are not appropriately related to observation sentences are shunned as nonsense. Similarly, those concerned to naturalize the intentional hold that intentional properties are real, if and (...) only if, they stand in an appropriate relationship to physical properties. The verificationist account of meaning suffered the death of a thousand failures. No one could produce a relation that did not include too much or exclude too much. I maintain that attempts to produce a relation that will do the work naturalists require, may well meet the same fate. On the pluralistic account of science that I favor, scientifically legitimate properties stand in many different relations to physical properties, and as science progresses, new properties are discovered that stand in new relations to physical properties. (shrink)

Philosophical understanding of experimental scientific practice is impeded by disciplinary differences, notably that between philosophy and sociology of science. Severing the two limits the stock of philosophical case studies to narrowly circumscribed experimental episodes, centered on individual scientists or technologies. The complex relations between scientists and society that permeate experimental research are left unexamined. In consequence, experimental fields rich in social interactions have received only patchy attention from philosophers of science. This paper sketches a remedy for both the (...) symptom and its root cause. An empirical study of social interactions in an established field of biomedicine grounds a robust account of success in experimental practice. The core idea is the concept of collaboration, of participants working together on a common project toward a shared goal. The interactive social integument of experimental research is both examined and enacted in a study integrating socio-historical research and philosophical investigation. The two approaches are used in concert to explicate the concept of scientific objectivity. Their joint explication of this contested epistemic ideal demonstrates that philosophical and sociological approaches can work together toward a social epistemology of scientific practice. The explication is in three stages. First, a minimal framework for investigating collaborative activities is established. Social action is understood and evaluated in terms of the connection between shared goals that participants hope to accomplish together, and the coordinated means by which they try to do so. This connection is explicated as participation, a relation mediating between a group and its members, which includes minimal constraints of instrumental rationality. Second, this framework is fleshed out via empirical study of scientific practices. The focal case examines the intersection of immunology and stem cell research in mid-20th century biomedicine, tracing the key social interactions within and among laboratory groups, as the field of blood stem cell research emerged in the 1960s and advanced throughout the next four decades. The study yields a robust empirical result. Participants consistently recognize two aspects of scientific success: construction of improved models of blood cell development, and formation of new boundaries among scientific groups. In the third and final stage, this result is generalized to other experimental episodes and shown to fit with recent accounts of models in scientific practice. The generalized result approximates a familiar normative view of scientific knowledge. An epistemic ideal of scientific objectivity in practice is then derived from this robust general result, using the minimal constraints on rational participation. The derivation is analogous to specification of ends in moral philosophy; given the means taken and assuming some hope of success, what must the goal of scientific inquiry be like? The aim of science so conceived corresponds to a classic conception of scientific objectivity: knowledge independent of epistemic criteria specific to particular persons or groups. This result weaves together sociological and philosophical accounts of science, explicating the epistemic ideal of objectivity in relation to social aspects of scientific practice. This undercuts the entrenched dualism between normative, vs. descriptive approaches to scientific knowledge. Socio-historical study of science does not deflate, but vindicates, scientific objectivity. Philosophy and sociology are recast as collaborating participants in articulating social epistemology of science. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 9.4 (2002) 313-316 [Access article in PDF] Normativity and Pathology Mike Gane Keywords: positivism, sociology, pathology, normativity. THE STRENGTH OF VICTORIA MARGREE'S contribution to the examination of the thematic of pathology and its Nietzschean/Canguilhemian variation is that it reveals the challenging complexity of this theme. My comments on this contribution are developed from an interest in the ways that the concern with pathology was (...) part of the initial program of the social sciences, particularly sociology, as it was inaugurated by Auguste Comte and Emile Durkheim in its formative period. Margree touches on the importance of social analysis at the end of her paper; my comments work to some extent in the opposite direction—from the social to the psychological. My concerns lead me to contest a number of her epistemological positions, particularly those concerning the notion of positivism and "objective" analysis.For the first positivist philosophers, positivism was primarily a method; in fact it embraced the set of methods developed by the sciences to obtain the highest degree of objectivity. It was explicitly opposed to methodological reductionism, arguing that each science had specific methods applicable to its own domain. Canguilhem was certainly against methodological reductionism (Renard 1996, 127), but Margree's conception of positivism in psychology as biological reductionism is quite a different and is a later-derived variation of positivism. As such perhaps it should not be conflated with early notions of pathology. Sociological positivism as developed in Durkheim's methodology, although different in many aspects from that of Comte, retained the idea that scientific objectivity was to be the result of epistemological procedures, not what might be called ontological reduction to a physical level of the object. Durkheim tries to clarify the rules governing the analysis of abnormal forms and to define social dysfunction and teratology. The general field of abnormal forms or pathology in the analysis of social life fell into decline after Durkheim and was abandoned in favor of the study of social deviance. The very idea of a study of social pathology itself was critiqued by Szasz and Foucault in particular as a new form of power, which came into existence at the end of the eighteenth century as an essential component of the disciplinary society. Foucault was himself clearly indebted to Canguilhem, and he made this evident on several occasions, such as his lectures at the Collège de France Les Anormaux given in 1974 and 1975 (Foucault 1999). Thus, although the field of pathology and abnormal forms continues in psychology it has been abandoned in sociology, leaving only traces (such as the concept of anomie) in the works of some thinkers such as Baudrillard, whose usage may be ironic more than an attempt to revive the terrain. Could it be that Canguilhem and Foucault [End Page 313] have then more or less swept the field clear of such scientism, even though the reconceptualization in terms of normativity suggested by Canguilhem has not been widely taken on? Indeed there may be important differences between the conceptualization of Canguilhem and Foucault (after all, as Margree points out, Canguilhem can be read as attempting to invert the relation between normativity and normative, not to withdraw from the terrain altogether). Foucault seems to approach a position elaborated in sociology earlier by Max Weber in his rejection of the attempt to use the field of pathology as a way of evading moral choices. Canguilhem discusses responsibility in "Thérapeutique, expérimentation, responsibilité" (1983, 391), noting the importance of professionalization and legal controls on professional practice.The fundamental issues posed by the project of social science continue to be haunted by the same set of problems as established in analysis of pathological phenomena, whether it be conceived in terms of order and disorder (chaos), social breakdown, radical evil, "failed states," even deviation or noncompliance with "correct" forms of language or behavior (harassment, racism, child abuse) and so on, or pathology (perversion, dysfunction, disease, illness, abnormalities). The question in part is: is there anything lost by replacing pathology with more political, religious, moral, and legal terminologies? From Foucault's point... (shrink)

Ethics is of vital importance to the Swedish educational system, as in many other educational systems around the world.Yet, it is unclear how ethics should be dealt with in school, and prior research and evaluations have found serious problems regarding ethics in education.The field of moral education lacks clear and widely accepted definitions of key concepts, and these ambiguities negatively impact both research and educational practice. This thesis draws a distinction between three approaches to ethics in school – the descriptive (...) ethics approach, the value transmission approach, and the inquiry ethics approach – and studies in what way (if at all) they are prescribed by the national curriculum for the Swedish compulsory school, how they relate to students’ moral reasoning about technology choices and online behaviour, and what pedagogical merits and disadvantages they have. Hopefully, this both contributes to reducing the ambiguities of the field, and to answering the question of how ethics should be dealt with in education. The descriptive ethics approach asserts that school should teach students empirical facts about ethics, such as what views and opinions people have. The value transmission approach holds that school should mediate some set of predefined values to the students and make sure the students come to accept these values.The inquiry ethics approach is the view that school should teach students to reason and think critically about ethics and to engage in ethical inquiry. The role of ethics in the curriculum has not been studied in light of the above distinction, in prior research,and such an investigation is undertaken here.The results suggest that ethics has a prominent, but complicated, role in the Swedish national curriculum. Although no explicit distinction is drawn or acknowledged in the curriculum, all three approaches are prescribed throughout the curriculum, albeit to different degrees. In the general section of the curriculum, the value transmission and inquiry ethics approaches are more extensively prescribed than the descriptive ethics approach. It was found that most of the syllabi contained explicit references to ethics, while some only contained implicit references to ethics, and two syllabi lacked references to ethics altogether. In the syllabi, the inquiry ethics approach is the most dominant, both in the sense of being present in the most syllabi, and in the sense of being more strongly prescribed in many of the syllabi where several approaches occur.The value transmission approach has the weakest role in the syllabi. In total, the inquiry ethics approach is the approach most strongly prescribed by the curriculum. But prior research has shown that inquiry ethics is very rarely implemented in the classroom. In this thesis, it is found that the inquiry ethics and the value transmission approaches are incompatible, given certain reasonable interpretations, which makes the finding that inquiry ethics is rarely implemented less surprising, since value transmission is practiced in schools. Some possible causes, and some consequences, of this is discussed. The students, in their moral reasoning about technology choices, reasoned in accordance with several classical normative theories – including consequentialism, deontological ethics and virtue ethics – and in doing so, they expressed reasoning that in the discussion is found to be in conflict with the values of the value foundation in the curriculum. These findings complement earlier findings, for example that students in their actions contradict the value foundation, by adding that such conflicts also exist in their reasoning. The existence of these conflicts is found to be problematic for a value transmission approach. Many of the students defended very restrictive views on disclosing personal information online, and prior research as well as the present data has shown that adults typically hold views that are very similar to these, concerning how they think that young people ought to act online. On the other hand, youths’ actual online behaviour, as reported in earlier studies, differs considerably from this. In line with this, the students also seemed to endorse a form of private morals view, according to which moral choices are simply up to one’s own taste, which would yield an escape exit from the restrictive views mentioned above, and permit any behaviour. In the discussion, it is argued that this is the result of an attempt at value transmission from the grown-up community, probably including teachers, which might seem to work, since the students claim to hold certain views, but which likely instead constitutes a false security, since these values are not actually accepted, but only paid lip service to, and the adults are therefore wrong in their belief that the students are protected by a certain set of values (that they think the students are upholding), since the students in fact do not uphold, and therefore do not act based upon, these values. This situation risks making the students more vulnerable than had no value transmission attempt been taken in the first place. Hence, the attempted value transmission runs the risk of counteracting its purpose of helping the students acquire a safe online behaviour. Throughout the moral reasoning mentioned above, extensive variations in the students’ reasoning were found, both interpersonally and intrapersonally, both in the decision method and in the rightness criterion dimensions, as well as in between the dimensions.The existence of such variations is a novel finding, and while possible applications in future research are discussed, it is also noted that this existence constitutes a reason to question the successfulness of both the value transmission and the inquiry ethics endeavours of the educational system. The results and discussions described above highlight the importance of investigating the merits of the different approaches. Several arguments that arise from the material of this thesis are presented, evaluated and discussed. The ability of each approach to fulfil some alleged key aims of ethics education is scrutinised; their abilities to educate for good citizenship, to educate for quality of life of the individual, and to facilitate better educational results in other subjects are all investigated, as well as the ability of each approach to help counteract the influence from online extremist propaganda aimed at young people and to promote safe online behaviour in general. It is concluded that the inquiry ethics approach has the strongest support from the material of this thesis. Some consequences for school practice are discussed, and it is concluded that changing the role of ethics in the curriculum would be beneficial, downplaying the role of value transmission and further increasing, and making more explicit and clear, the role of inquiry ethics. It is also shown that there are strong reasons for the inclusion of a new subject in the Swedish compulsory education with special focus on ethics. 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ABSTRACT: So far in this book, we have examined algorithmic decision systems from three autonomy-based perspectives: in terms of what we owe autonomous agents (chapters 3 and 4), in terms of the conditions required for people to act autonomously (chapters 5 and 6), and in terms of the responsibilities of agents (chapter 7). -/- In this chapter we turn to the ways in which autonomy underwrites democratic governance. Political authority, which is to say the ability of a government to exercise (...) power, may be justifiable or not. Whether it is justified and how it can come to be justified is a question of political legitimacy. Political legitimacy is another way in which autonomy and responsibility are linked. This relationship is the basis of the current chapter, and it is important in understanding the moral salience of algorithmic systems. We will draw the connection as follows. We begin, in section 8.1, by describing two uses of technology: crime predicting technology used to drive policing practices and social media technology used to influence elections (including by Cambridge Analytica and by the Internet Research Agency). In section 8.2 we consider several views of legitimacy and argue for a hybrid version of normative legitimacy based on one recently offered by Fabienne Peter. In section 8.3 we will explain that the connection between political legitimacy and autonomy is that legitimacy is grounded in legitimating processes, which are in turn based on autonomy. Algorithmic systems—among them PredPol and the Cambridge Analytica-Facebook-Internet Research Agency amalgam—can hinder that legitimation process and conflict with democratic legitimacy, as we argue in section 8.4. We will conclude by returning to several cases that serve as through-lines to the book: Loomis, Wagner, and Houston Schools. -/- The link below is to an open-access copy of the chapter. (shrink)

The aim of this study is to justify the belief that there are biological normative mechanisms that fulfill non-trivial causal roles in the explanations (as formulated by researchers) of actions and behaviors present in specific systems. One example of such mechanisms is the predictive mechanisms described and explained by predictive processing (hereinafter PP), which (1) guide actions and (2) shape causal transitions between states that have specific content and fulfillment conditions (e.g. mental states). Therefore, I am guided by a (...) specific theoretical goal associated with the need to indicate those conditions that should be met by the non-trivial theory of normative mechanisms and the specific models proposed by PP supporters. In this work, I use classical philosophical methods, such as conceptual analysis and critical reflection. I also analyze selected studies in the field of cognitive science, cognitive psychology, neurology, information theory and biology in terms of the methodology, argumentation and language used, in accordance with their theoretical importance for the issues discussed in this study. In this sense, the research presented here is interdisciplinary. My research framework is informed by the mechanistic model of explanation, which defines the necessary and sufficient conditions for explaining a given phenomenon. The research methods I chose are therefore related to the problems that I intend to solve. In the introductory chapter, “The concept of predictive processing”, I discuss the nature of PP as well as its main assumptions and theses. I also highlight the key concepts and distinctions for this research framework. Many authors argue that PP is a contemporary version of Kantianism and is exposed to objections similar to those made against the approach of Immanuel Kant. I discuss this thesis and show that it is only in a very general sense that the PP framework is neo-Kantian. Here we are not dealing with transcendental deduction nor with the application of transcendental arguments. I argue that PP is based on reverse engineering and abduction inferences. In the second part of this chapter, I respond to the objection formulated by Dan Zahavi, who directly accuses this research framework of anti-realistic consequences. I demonstrate that the position of internalism, present in the so-called conservative PP, does not imply anti-realism, and that, due to the explanatory role played in it by structural representations directed at real patterns, it is justified to claim that PP is realistic. In this way, I show that PP is a non-trivial research framework, having its subject, specific methods and its own epistemic status. Finally, I discuss positions classified as the socalled radical PP. In the chapter “Predictive processing as a Bayesian explanatory model” I justify the thesis according to which PP offers Bayesian modeling. Many researchers claim that the brain is an implemented statistical probabilistic network that is an approximation of the Bayesian 7 rule. In practice, this means that all cognitive processes are to apply Bayes' rule and can be described in terms of probability distributions. Such a solution arouses objections among many researchers and is the subject of wide criticism. The purpose of this chapter is to justify the thesis that Bayesian PP is a non-trivial research framework. For this purpose, I argue that it explains certain phenomena not only at the computational level described by David Marr, but also at the level of algorithms and implementation. Later in this chapter I demonstrate that PP is normative modeling. Proponents of the use of Bayesian models in psychology or decision theory argue that they are normative because they allow the formulation of formal rules of action that show what needs to be done to make a given action optimal. Critics of this approach emphasize that such thinking about the normativity of Bayesian modeling is unjustified and that science should shift from prescriptive to descriptive positions. In a polemic with Shira Elqayam and Jonathan Evans (2011), I show that the division they propose into prescriptivism and Bayesian descriptivism is apparent, because, as I argue, there are two forms of prescriptivism, i.e. the weak and the strong. I argue that the weak version is epistemic and can lead to anti-realism, while the strong version is ontic and allows one to justify realism in relation to Bayesian models. I argue that a weak version of prescriptivism is valid for PP. It allows us to adopt anti-realism in relation to PP. In practice, this means that you can explain phenomena using Bayes' rule. This does not, however, imply that they are Bayesian in nature. However, the full justification of realism in relation to the Bayesian PP presupposes the adoption of strong prescriptivism. This position assumes that phenomena are explained by Bayesian rule because they are Bayesian as such. If they are Bayesian in nature, then they should be explained using Bayesian modeling. This thesis will be substantiated in the chapters “Normative functions and mechanisms in the context of predictive processing” and “Normative mechanisms and actions in predictive processing”. In the chapter “The Free Energy Principle in predictive processing”, I discuss the Free Energy Principle (hereinafter FEP) formulated by Karl Friston and some of its implications. According to this principle, all biological systems (defined in terms of Markov blankets) minimize the free energy of their internal states in order to maintain homeostasis. Some researchers believe that PP is a special case of applying this principle to cognition, and that predictive mechanisms are homeostatic mechanisms that minimize free energy. The discussion of FEP is important due to the fact that some authors consider it to be important for explanatory purposes and normative. If this is the case, then FEP turns out to be crucial in explaining normative predictive mechanisms and, in general, any normative biological mechanisms. To define the explanatory possibilities of this principle, I refer to the discussion of its supporters on the issue they define as the problem of continuity and discontinuity between life and mind. A critical analysis of this discussion and the additional arguments I have formulated have allowed me to revise the explanatory ambitions of FEP. I also reject the belief that this principle is necessary to explain the nature of predictive mechanisms. I argue that the principle formulated and defended by Friston is an important research heuristic for PP analysis. 8 In the chapter “Normative functions and mechanisms in predictive processing”, I start my analyzes by formulating an answer to the question about the normative nature of homeostatic mechanisms. I demonstrate that predictive mechanisms are not homeostatic. I defend the view that a full explanation of normative mechanisms presupposes an explanation of normative functions. I discuss the most important proposals for understanding the normativity of a function, both from a systemic and teleosemantic perspective. I conclude that the non-trivial concept of a function must meet two requirements which I define as explanatory and normative. I show that none of the theories I have invoked satisfactorily meets both of these requirements. Instead, I propose a model of normativity based on Bickhard's account, but supplemented by a mechanistic perspective. I argue that a function is normative when: (1) it allows one to explain the dysfunction of a given mechanism; (2) it contributes to the maintenance of the organism's stability by shaping and limiting possible relations, processes and behaviors of a given system; and when (3) (according to the representational and predictive functions) it enables explaining the attribution of logical values of certain representations / predictions. In such an approach, a mechanism is normative when it performs certain normative functions and when it is constitutive for a specific action or behavior, despite the fact that for some reason it cannot realize it either currently or in the long-term. Such an understanding of the normativity of mechanisms presupposes the acceptance of the epistemic hypothesis. I argue that this hypothesis is not cognitively satisfactory, and therefore the ontic hypothesis should be justified, which is directly related to adopting the position of ontic prescriptivism. For this reason, referring to the mechanistic theory of scientific explanations, I formulate an ontical interpretation of the concept of a normative mechanism. According to this approach, a mechanism or a function is normative when they perform such and such causal roles in explaining certain actions and behaviors. With regard to the normative properties of predictive mechanisms and functions, this means that they are the causes of specific actions an organism carries out in the environment. In this way, I justify the necessity of accepting the ontic hypothesis and rejecting the epistemic hypothesis. The fifth chapter, “Normative mechanisms and actions in predictive processing”, is devoted to the dark room problem and the related exploration-exploitation trade-off. A dark room is the state that an agent could be in if it minimized the sum of all potential prediction errors. I demonstrate that, in accordance with the basic assumption of PP about the need for continuous and long-term minimization of prediction errors, such a state should be desirable for the agent. Is it really so? Many authors believe it is not. I argue that the test of the value of PP is the possibility of a non-trivial solution of this problem, which can be reduced to the choice between active and uncertainty-increasing exploration and safe and easily predictable exploitation. I show that the solution proposed by PP supporters present in the literature does not enable a fully satisfactory explanation of this dilemma. Then I defend the position according to which the full explanation of the normative mechanisms, and, subsequently, the solution to the dilemma of exploration and exploitation, involves reference to the existence of constraints present in the environment. The constraints 9 include elements of the environment that make a given mechanism not only causal but also normative. They are therefore key to explaining the predictive mechanisms. They do not only play the role of the context in which the mechanism is implemented, but, above all, are its constitutive component. I argue that the full explanation of the role of constraints in normative predictive mechanisms presupposes the integration of individual models of specific cognitive phenomena, because only the mechanistic integration of PP with other models allows for a non-trivial explanation of the nature of normative predictive mechanisms that would have a strong explanatory value. The explanatory monism present in many approaches to PP makes it impossible to solve the problem of the dark room. Later in this chapter, I argue that the Bayesian PP is normative not because it enables the formulation of such and such rules of action, but because the predictive mechanisms themselves are normative. They are normative because they condition the choice of such and such actions by agents. In this way, I justify the hypothesis that normative mechanisms make it possible to explain the phenomenon of agent motivation, which is crucial for solving the dark room problem. In the last part of the chapter, I formulate the hypothesis of distributed normativity, which assumes that the normative nature of certain mechanisms, functions or objects is determined by the relations into which these mechanisms, functions or objects enter. This means that what is normative (in the primary sense) is the relational structure that constitutes the normativity of specific items included in it. I suggest that this hypothesis opens up many areas of research and makes it possible to rethink many problems. In the “Conclusion”, I summarize the results of my research and indicate further research perspectives. (shrink)

Islamic education encompasses not only worship but included in it is the aspect of using reason to understand God's creation and how the universe works. Science continues to develop and requires humans to be able to adapt to developments over time. Comte's positivist thinking can be linked to the context of Islamic education in giving rise to efforts to strengthen Islamic education. This research explores Auguste Comte's positivist thinking, compares it with Islamic values, and examines the potential of (...) class='Hi'>positivism for Islamic education. This research explores Auguste Comte’s positivism, contrasting it with Islamic values, and examines the potential of positivism for Islamic education. This research uses a qualitative approach, utilizing literature reviews from various relevant books and journals. This research ultimately produced findings that Comte’s positivism elevates the scientific method while sidelining metaphysical discussions, including religion. Key characteristics of positivism are value-free perspectives, phenomenalism, reductionism, naturalism, and mechanism. Comte proposed a “law of three stages” outlining human development from theological to metaphysical and finally to positivistic stages. While he did not advocate abandoning religion, he sought to separate science and religion. Comte's view of trying to separate science from religion is contrary to Islam's emphasis on religious values. Islamic education can adopt aspects of positivism by enhancing empirical and interdisciplinary studies. Also, prioritizing scientific and empirical inquiry in understanding phenomena to foster critical thinking and innovation within an Islamic education framework. Thus, integrating empirical, interdisciplinary, and scientific studies within Islamic education can enrich itself while maintaining its foundational values. (shrink)

Why is evolutionary theory controversial among members of the American public? We propose a novel explanation: allegiance to different criteria for belief. In one interview study, two online surveys, and one nationally representative phone poll, we found that evolutionists and creationists take different justifications for belief as legitimate. Those who accept evolution emphasize empirical evidence and scientific consensus. Creationists emphasize not only the Bible and religious authority, but also knowledge of the heart. These criteria for belief remain (...) predictive of views about evolution even when taking into account other related factors like religion, political affiliation, and education. Each view is supported by its own internally specified criteria for what constitutes a justified belief. Changing minds may thus require changing epistemic norms. (shrink)

The rapid change in the world after the Enlightenment not only brought about revolutionary scientific and technological innovations, but also opened the door to important transformations in the context of thought. Especially with the wind created by the French Revolution, some concepts such as equality, fraternity, and justice, which were already in circulation before, came to the fore even more. One of the concepts that was magnified in this process was freedom. The concept manifested itself in (...) philosophy as an understanding of free will against the idea of determinism, and in politics as independence against oppressive governments. Since the day it was addressed as an independent topic, it has attracted attention with its different types and aspects, including freedom of the press, freedom of thought, freedom of expression, freedom of religion and conscience. We see that the intellectual adventure of the Western world in the last two centuries has been shaped around these concepts. The libertarian attitude, which at first manifested itself as a rebellion against religious and secular authorities, was later driven to extremes that saw itself as independent from all moral and social norms. These debates were inevitably reflected in the field of theology, and topics such as the position of the will of man against God’s will, fate and the problem of evil were reconsidered according to contemporary claims and objections. The atheistic tendencies that emerged in the Western world claimed that all religions deprive man of the possibility of being an active subject on earth and that a person who believes that all his/her actions are known and determined cannot be truly free. This point is actually one of several important issues that contemporary atheism raises against theism. These debates have also reached the Islamic world and the issue continued to be addressed with similar arguments. At its core, each of these claims rests on the assumption that Islam's conception of the human being leaves no room for individual freedom. Although the problem has different aspects such as fate and theodicy, one of the most striking aspects of the problem is the question of whether man has the right to reject Islam as well as the right to enter Islam by one’s own free will. It is important to answer this question. Because some practices from the early period of Islamic history and the assumptions that apostates should be killed according to certain conditions, which are accepted as an established jurisprudence in Islamic law, have provided important opportunities for anti-Islamic ideas and ideologies. This article shows how the issue has been dealt with in the classical literature, while at the same time suggesting solutions on how to approach the phenomenon of conversion today. In addition, the study will show that the issue is dealt with in the context of public security in the fiqh literature, and therefore, the current cases of conversion or apostasy do not fully correspond to the discussions in the classical period. (shrink)

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner (...) that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between law and morality, and has even been tempted by natural law arguments in developing his theory of jurisprudence (see Part IV), Kelsen is more receptive to arguments drawn from legal and political realism. Yet Habermas is hardly oblivious to these arguments, as can be seen from his recent acknowledgment that human rights that secure subsistence and development depend on ‘global domestic policy’ for their full enjoyment. This acknowledgment, I submit, brings Habermas’ legal philosophy closer to Kelsen’s monistic view that a supranational human rights regime must regulate political as well as purely legal matters (Part III). Given this stronger analogy between domestic and global institutions of governance, I argue (Part IV) that a global human rights regime must also incorporate features of constitutional review. Conceding this point, however, raises further questions about the insulation of international law from so-called extra-legal (political) influences. I conclude that not only do multicultural differences in understanding human rights (conflicts between legal paradigms) generate political problems for international courts but so do competing subsystems of international law. (shrink)

A legal system consists of a complex body of practices—primary and secondary—, particularly practices of reasoning and justification. The intellectual, theorized aspect of legal order is embodied in legal doctrine: the corpus of norm-sentences, norms and rules, principles, doctrines and concepts used as basis for legal reasoning and justification. It includes elaborate conceptual structures of principles and doctrines, explicit and sophisticated forms of reflection and criticism. It is only when we have understood the nature of legal doctrine that we (...) can comprehend the workings of courts, lawyers and even legislatures. Concerning the need for a new conception of legal theory one question arises, above all, especially when external and internal observation as well as the critical reflection of the premises and presuppositions of all dealings with the law permit a degree of distance, the question, namely, whether it is not an increasing application of scientific methods that is needed, in the sense that the development of a legal theory from the beginning involves the integration of a norm-descriptive point of view and intellectual stand-point with the norm-prescriptive theory of law, by way of complementing each other, as it were (multi-level-approach to law). This, at least, appears to be the only way of clarifying also the relationship between le­gal theory and philosophy and the theory and sociology of law. The inevitable consequences of the development of a theory of norms and action also have to be drawn from this. (shrink)

This thesis addresses a range of questions about normativity, broadly understood. Recurring themes include (i) the idea of normative ‘action-guidance’, and the connection between normativity and motivational states, (ii) the possibility of normative knowledge and its role in deliberation, and (iii) the question of whether (and if so, how) normative concepts can themselves be evaluated. The first two papers, ‘The Entanglement Problem and Idealization in Moral Philosophy’ and ‘Weighting Surprise Parties: Some Problems for Schroeder’, critically examine various (...) versions of the view that what we ought to do depends on some (actual or hypothetical) motivational states, such as desires. It is suggested that such views are, for different but interrelated reasons, extensionally inadequate. The third paper, ‘From Evolutionary Theory to Moral Skepticism, via Disagreement’ (co- authored with Folke Tersman), proposes that two arguments for moral skepticism can be combined in a mutually supportive way. A central role is played by the principle that a subject S knows that p only if S adherently believes that p, where this roughly means that S could not easily have failed to believe that p unless her epistemic position were worse or p were false. It is suggested that evolutionary considerations and facts about moral disagreement together indicate that moral beliefs violate this principle. The fourth paper, ‘Ethics and the Question of What to Do’, offers an account of the so- called ‘central deliberative question’ that is highlighted by several kinds of choice situations, including those that involve normative uncertainty and normative conflicts. It is proposed that this question is not best understood as the question of what one ought to do, not even in an ‘all things considered’ sense, but as the question of what to do. A meta-normative view that involves elements of both cognitivism and non-cognitivism is put forward as the best explanation of this fact. The fifth paper, ‘Meta-Skepticism’, develops a novel skeptical challenge to beliefs about the external world, the central idea being that even if beliefs about the external world can constitute knowledge, there are various other knowledge-like concepts that they cannot satisfy even if they are true. This raises the question of whether some of these concepts are epistemically more important than the others, and, in particular, the further question of how the relevant notion of ‘epistemic importance’ should be understood. Several answers to this question are considered and found wanting. (shrink)

ABSTRACT: Decision-theoretic approach and a nonlinguistic theory of norms are applied in the paper in an attempt to explain the nature of scientific rationality. It is considered as a normative system accepted by scientific community. When we say that a certain action is rational, we express a speaker’s acceptance of some norms concerning a definite action. Scientists can choose according to epistemic utility or other rules and values, which themselves have a variable nature. Rationality can be (...) identified with a decision to accept a norm. This type of decision cannot be reduced only to its linguistic formulation; it is an act of evolvement of the normative regulation of human behavior. Norms are treated as decisions of a normative authority: a specific scientific community is the normative authority in science. These norms form a system and they are absolutely objective in the context of individual scientists. There exists an invariant core in all the norms of rationality, accounting for their not being liable to change, as compared with the flexibility of legal norms. The acceptance of and abidance by these norms is of social importance – it affects the aims of the community. A norm only defines the common framework and principles of scientific problem-solving; its application is a matter of professional skills and creative approach to a particular problem. It is of no importance at all, if an agent’s cognitive abilities do not live up to the requirements of a norm. Such discrepancy can be compensated for by the fact that a scientist carries out work in a conceptual and normative framework established by a respective scientific community. (shrink)

This paper defends the claim that there are — at least — two kinds of normativity in technological practice. The first concerns what engineers ought to do and the second concerns normative statements about artifacts. The claim is controversial, since the standard approach to normativity, namely normative realism, actually denies artifacts any kind of normativity; according to the normative realist, normativity applies exclusively to human agents. In other words, normative realists hold that only (...) “human agent normativity” is a genuine form of normativity.I will argue that normative realism is mistaken on this point. I will mainly draw on material of Daniel Dennett and Philip Pettit to show that it makes sense to talk about artifactual normativity. We claim that this approach can also make sense of human agent normativity — or more specifically “engineer normativity”. Moreover, it avoids some of the problems formulated by opponents of normative realism. Thus I will develop a strategy which: (i) makes sense of artifactual normativity; and (ii) makes sense of “human agent normativity”, specifically “engineer normativity”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 12.1 (2005) 83-85 [Access article in PDF] Lacan, Science, and Determinism Douglas McConnell Grant Gillett Keywords Lacan, the unconscious, free will Van Staden And Hinshelwood's commen-taries raise a number of issues, but there are two particular themes common to both that we pick up in this response.The first theme concerns the reconcilability of Lacanian theory to the disciplines of analytic philosophy and "Anglo-American positivist psychiatry." (...) This is closely related to the relationship between the unconscious and the empirical sciences discussed in the editorial (McConnell and Pickering 2005). The second theme concerns the relevance of Lacanian theory to our understanding of free will and the structure of the mind. Lacan, Analytic Philosophy, and Scientific Psychiatry First, psychoanalysis or psychotherapy generally should not try to reunite with neuroscience because of the fundamental difference in their approaches to the patient, which is likely to mean that even if a theoretical rapprochement can be found, a working relationship is unlikely.Although there are many facets of Lacan's theory that were not addressed in our paper and even if many of those are totally irreconcilable to analytic philosophy, we believe that we have addressed the most ontologically fundamental issues and that these can genuinely contribute to and challenge analytic philosophy of mind.As Hinshelwood points out, psychiatry does operate with a philosophical basis, critical (or sometimes relatively uncritical) scientific realism (even though it may not be acknowledged), and it as such it can legitimately be contributed to or challenged by the philosophical aspects of Lacanian theory outlined in our paper.In fact, the theoretical basis is evinced in van Staden's commentary when he remarks on the relation between Lacanian theory and psychiatry: "... the unconscious is not only structured like a language but actually reflects and is produced by linguistic interaction between the subject and others. This is a difficult claim to verify, no doubt, but it prompts further related questions... whether the conscious mind is structured like a language" (van Staden 2005, 78). And one must ask whether this is the kind of claim that can be verified or whether it is a hermeneutic claim (in somewhat the way suggested by Jaspers), serving more as a framing belief to allow people to make sense of what has influenced them in their life histories and is currently played out in their relationships with others. We would lean toward this interpretation of the unconscious, explicitly distancing ourselves from any overreaching, quasi-scientific realism about unconscious contents and mental structures, but clinging to the thought that dealing with such contents is an essential part of the therapeutic encounter. [End Page 83]Looked at in this way, both the Lacanian unconscious and conscious mental life bear the imprint of language due to the subject's immersion and participation in the symbolic realm. This may seem a "difficult claim to verify," but because verification is linked to the scientific framework of inquiry rather than the hybrid that is clinical knowledge, we would better regard it as being difficult to establish as an axiom of therapy. The linguistic structure of the conscious and unconscious mind is, on this account, a conceptual implication of the role of the symbolic register in thought and not a thesis that requires verification (a Wittgensteinian thesis espoused by a number of contemporary philosophers, including Dummett and Davidson).As it happens, cognitive science has found linguistic structure to be important in operations of the cognitive unconscious (arguably different from the dynamic unconscious due to the former's dependence on scientific experiment and the latter's connections to life history rather than mere psychological or cognitive traits [see Gillett and McConnell 2005]). Given that language and problem solving are so closely intertwined, it would suggest that cognitive science was overlooking something important rather than damaging Lacanian theory if linguistic structure did not appear on cognitive science's "radar." So, how does language logically (in the sense defended by Husserl and Frege, that is, to do with the sense or content of thoughts not merely the processes underpinning one's contingently evolving stream... (shrink)

In a famous article published in 1900, Cardinal Mercier drew up a philosophical balance sheet of the previous century. While still showing respect for modern developments, he severely criticized anything that strayed too far from the neo-Thomistic horizon. It is very characteristic that the first object of his criticism is De Bonald’s traditionalism. Mercier says that this type of philosophy is so greatly influenced by the impotence of reason that it hurls itself into the arms of faith. But, “an act (...) of faith cannot be the primordial act of human reason. An individual could not believe unless he first saw that it was reasonable to believe.”It is philosophy that must articulate this rationality. Philosophy must then be a real science; it must pursue rational insight into reality. Unfortunately, some do not believe that philosophy is a science. Instead, they think its task lies elsewhere; it must try to speak where science remains silent. In that case, it is no longer part of science, but belongs to the domain of imagination, faith or dreams. Mercier argues that whoever accepts this, supports Comte’s positivistic prejudice that only the observed positive fact can lie at the basis of a rational and scientific discussion.Mercier stands at the end of a century of unlimited optimism. From a military point of view, the century had been calm. The new sciences that had so intrigued Mercier were marking their first big successes. The century’s optimism is recognizable in the 1889 charter establishing the Thomistic Higher Institute of Philosophy, which Mercier served as president: “far from bringing dogmas in danger, scientific insights stimulate a wondrous growth in enlightened insight; for they both come from the same God, origin of both revelation and universe.” Mercier’s tonality lies not far distant from Renan’s L’avenir de la science, where he complains that there are people who choose bon ton, superstition and frivolity above meticulous research, but predicts that their success is ephemeral and that the time of rationality will dawn.The next century, however, took an unexpected turn. Who would have thought in 1900 that history, which had been set so firmly on the track of reason, would derail so terribly? No great philosopher predicted the coming catastrophes. The only warnings came from a few nineteenth-century traditionalist Cassandras who went to extremes in linking modernity and decay: Donoso Cortes, Joseph de Maistre and Louis De Bonald. Who predicted the arrival of enlightenment criticism in intellectual history? Who predicted that we would not see history becoming reasonable, but reason historical? Who could have predicted twentieth-century contextualism and its claim that reason is not the criterion of culture but only one element within culture indebted to an entire sociocultural context? All this can be found in De Bonald’s traditionalism that has proven paradoxically more up-to-date than the naïve trust in rationality found in Mercier and Renan.Yet, De Bonald did not intend to preach a form of irrationalism. His purpose was to accent reason’s dependence, and by extension, humankind’s intellectual solidarity: thought is impossible without language, language does not exist without a listener, there is no listener without education, there is no education without social life. Using this reasoning, De Bonald ultimately wants to prove that reason intrinsically refers to revelation, since in this chain, the first word cannot come from humankind.He supports this with an epistemological argument that contextualizes reason in a way that is almost contemporary: “A person has to think his word before saying it. Therefore, he cannot find without thinking, and cannot think without signs. He is compelled to have recourse to something other than the human.” Leuven’s variant of this traditionalism emphasizes that reason develops only in and through language, thus by being included in a community. By comparison, Mercier’s realistic concept of rationality sounds old-fashioned. It is traditionalism that best fits with the contemporary accent on reason’s historicity and culture-related status.The development of ethics also runs counter to Mercier’s expectations. There has been no growth in rationality but a growing insight into the historicity of reason. In the article already cited, Mercier criticizes Kant for not being sufficiently foundational, since he does not rely on a speculative-metaphysical foundation: “What kind of ethic is it that cannot be theoretically justified?” In our time, the roles are reversed. Many ethicists condemn Kant because he tries to find this foundation! How are we to understand this turn-about in ethics? (shrink)

Science is replete with falsehoods that epistemically facilitate understanding by virtue of being the very falsehoods they are. In view of this puzzling fact, some have relaxed the truth requirement on understanding. I offer a factive view of understanding that fully accommodates the puzzling fact in four steps: (i) I argue that the question how these falsehoods are related to the phenomenon to be understood and the question how they figure into the content of understanding it are independent. (...) (ii) I argue that the falsehoods do not figure into the understanding’s content by being elements of its periphery or core. (iii) Drawing lessons from case studies, I argue that the falsehoods merely enable understanding. When working with such falsehoods, only the truths we extract from them are elements of the content of our understanding. (iv) I argue that the extraction view is compatible with the thesis that falsehoods can have an epistemic value by virtue of being the very falsehoods they are. (shrink)

The paper poses a question why creative processes are more and more often related to technologies and that is clearly visible in institutionalized scientific, cultural and political discourses. It is noteworthy that technologies, creative technologies including, are becoming instrumental mind-based methods, which aim to perform everything more efficiently, more economically and more advantageously. This way creative activity loses its essence and becomes a commodity easily defined in economic categories, and thus it is employed as an effective means used (...) to control, influence and even manipulate the human consciousness. It is likely that modern technologies push everything that is essential to human life to periphery, everything that joins people for shared activities and has intrinsic values. The paper attempts to show that even the so-called “scientific axiology” based on formal social technologies is unable to deal with axiological problems of creative human essence if personal or subject-related intrinsic values are not taken into account. This way it is most likely to happen that such evaluation which emphasizes individual and unique emotional and spiritual human reality tends to be downplayed. This fact corroborates intuitive understanding that technologies employed in creative activities should serve only as a supplementary tool but not become a self-contained tool which overshadows transcendental human creative powers.It points to the conclusion that though the usage of technical terms in contemporary science and art (culture, in general) is hardly avoidable, it should be attempted to return to the initial concept of creativity according to which it is perceived as a spontaneous self-expression. The underlying reason for the idea is that penetration of modern technologies into the domain of artistic creativity destroys the human essence, and turning creativity into a technological process leads to inevitable destruction of a creative process. (shrink)

Obviously, science matters to philosophy. But is philosophy also constrained by science? Naturalism is roughly the view that answers positively. However, even among proponents of naturalism, how science constrains philosophy has always been (and still is) a subject of debate. There are two basic dimensions in which the debate takes place, which give rise to two different kinds of naturalism: ontological and methodological. The former concerns what there is, while the latter deals with the methods whereby we acquire (...) knowledge and beliefs. Ontological Naturalism is loosely the view that all of what there is belongs to the natural world, where the natural world is the world described by the natural sciences. By maintaining, in turn, that the ultimate structure of the world is what the natural sciences say it to be, it is to some extent close to Physicalism, according to which what most fundamentally exist are the entities and properties posited by basic physics. On the other hand, methodological naturalism is often thought of as making an epistemological claim akin to scientism—the claim that the best (perhaps the unique) approach to acquiring knowledge is that of natural sciences. Accordingly, it holds that the very same methods used to arrive at scientific theories are the only legitimate ones to be employed by philosophy.Each of these horns of naturalism implies important consequences for our understanding of the relationship between science and many areas of philosophy, including metaphysics. From the methodological point of view, naturalism might be said to entail the denial that our conception of reality needs to include whatever is exclusively accessible to metaphysical theorizing (or to “first philosophy”), understood as a distinct mode of inquiry that lacks ties to the results and practices of the sciences. Indeed, methodological naturalism is usually assumed to reject the project of a priori theorizing, and it is perhaps hard to see how the traditional metaphysics, as well as current analytical metaphysics, might be in the business of developing and assessing synthetic theories of the world supported by a posteriori evidence. From the ontological point of view, naturalism sees science as already giving us a full account of everything, including our place within that picture. Despite this, the debate around the nature of metaphysics remains very much alive (and complex), spreading its influence all across philosophy and our view of the world. The upshot is that much of metaphysical work is nowadays motivated by the naturalist desire to accommodate what the natural sciences have taught us about the world. This special issue stems exactly from the ongoing debate between naturalist and non-naturalist metaphysicians and aims to assess the prospects of naturalized projects in metaphysics and their relationships to traditional metaphysics.Are science and metaphysics separable enterprises? Should allowable metaphysical theories be constrained by and continuous with natural sciences? Does successful scientific research presuppose metaphysics? These are some of the questions addressed in the contributions comprising this special issue. In response, most of them undertake theoretical commitments of a general naturalist stamp, others challenge their philosophical cogency, while still others discuss and contrast the various versions of naturalism that are currently at the center of many metaphysical debates—which often involve some mixture of the two above-mentioned ones, in different proportions. As a result, this special issue hopes to represent the state of the art drawn from different perspectives, helping somehow to clarify extent and ongoing work in metaphysics with respect to the challenges posed by naturalist thinking and eventually to pave the way for future developments and discussions.The issue opens with Don Ross's paper “A flexible, sloppy blob? Ontology, AI, and the role of metaphysics.” In it, Ross defends a naturalized metaphysics that, in contrast with traditional metaphysical projects, is driven directly by fundamental physics. Therefore, since fundamental physics is taken to be the authoritative source of knowledge on the general structure of the universe, metaphysics should neither be separated from nor transcend it. In particular, he rejects more recent works on building metaphysical foundations for applied ontology—e.g., metaphysics for the foundations of AI—as somehow apt to vindicate the value of analytic metaphysics for the edifice of human knowledge. At the same time, however, he points out how his naturalist (methodological) naturalist approach neither incorporates nor implies a physicalistic reduction.Ferdinando Ceravolo and Steven French, in their contribution “What is a Naturalized Principle of Composition?” also support the project of a methodologically naturalized metaphysics. They focus on Van Inwagen's General Composition Question (GCQ). Specifically, they address the issue concerning whether GCQ could be underpinned by principles that are found to be naturalistically acceptable—that is, constrained and informed by advanced physical knowledge. Arguing positively, they outline two candidates for naturalistically accredited principles of composition and explore the various costs of choosing between them.Along the same lines, in his essay “Naturalism and the Question of Ontology,” Javier Cumpa argues for a naturalistic approach in metaontology based on the project of Wilfrid Sellars. He proposes a naturalistic criterion of relational substantivity for ontological questions, which is held to be naturalistic insofar as it relies on the epistemic value and the degree of understanding of the world in line with science that those questions provide us. Cumpa's view is certainly methodologically naturalist, however, although ontologically he does not seem to be committed to metaphysical notions such as ontological categories, he endorses what he calls an “Impure Eliminativism about Categories.”A more straightforward version of eliminativism is advocated by Otávio Bueno in his chapter “Dispensing with Facts, Substances, and Structures.” He contends that, even though ontological categories (i.e., structures, substances, and facts) play a central role in metaphysical theorizing, we do not need to be committed to their existence. Unlike metaphysical realists – who see true thought or assertion as adequately shaped in terms of the correct representation of completely thought and/or language independent bits of reality – he accounts for metaphysical discourse by offering a naturalist account of the linguistic practice that govern it, but without the ontological commitments that realism recommends. Nevertheless, by dropping realism he does not aim to drop metaphysics as an important form of understanding the world. In order to qualify metaphysical judgements as meaningful, he explores and invokes a distinctive deflationary strategy. The result is a view that takes metaphysical discourse literally but without ontologically inflationary maneuvers.The same deflationary strategy is pursued by Anjan Chakravartty in his piece “Last Chance Saloons for Natural Kind Realism.” But rather than on ontological categories in general, he focuses on natural kinds, arguing against realist views that contend for their mind-independent existence. Nevertheless, he shows how a deflationary approach to kinds, while rejecting kind realism, can be integrated with broader realist doctrines such as scientific realism. That is, we need not be committed to either the existence of these posits or with the metaphysically inflationary interpretations that support them in order to invoke these items in scientific theorizing and to vindicate as objective or mind-independent the truth or falsity of scientific as well as everyday claims about natural kinds.In contrast to the previous standpoints, in her article “Metaphysics as Essentially Imaginative and Aiming at Understanding,” Michaela M. McSweeney defends a non-naturalist view of metaphysics. She explores the idea that metaphysics is essentially imaginative and (at least in part) “up to us.” But treating metaphysics as essentially imaginative makes metaphysics methodologically different from scientific inquiry and more akin to art. Nevertheless, she maintains, it can still be deemed epistemologically valuable to the extent that imagination can lead to understanding. On her view, the central goal of the metaphysical project thus turns out to be understanding rather than truth.The closing paper of the issue investigates precisely the relationship between methodological naturalism and ontological naturalism. In “Methodological naturalism undercuts ontological naturalism,” Peter Forrest argues that the combination of ontological with methodological naturalism is untenable. According to his view, one way to defend ontological naturalism is to retain a version of nominalism: specifically, what he calls Redundancy Nominalism (a kind of deflationary nominalism). On the other hand, methodological naturalism requires adopting Categorial Realism. This means being a realist about universals in at least a minimal way. As a result, the fundamental description that methodological naturalism requires proves be contrary to ontological naturalism, whose precondition, in turn, is not available to methodological naturalists. This leads him to criticize ontological naturalism as a belief but, at the same time, to vindicate it as a speculation. (shrink)

The interrelations of science and technology as an object of study seem to have drawn the attention of a number of disciplines: the history of both science and technology, sociology, economics and economic history, and even the philosophy of science. The question that comes to mind is whether the phenomenon itself is new or if advances in the disciplines involved account for this novel interest, or, in fact, if both are intercon nected. When the editors set out to plan (...) this volume, their more or less explicit conviction was that the relationship of science and technology did reveal a new configuration and that the disciplines concerned with 1tS analysis failed at least in part to deal with the change because of conceptual and methodological preconceptions. To say this does not imply a verdict on the insufficiency of one and the superiority of any other one disciplinary approach. Rather, the situation is much more complex. In economics, for example, the interest in the relationship between science and technology is deeply influenced by the theoretical problem of accounting for the factors of economic growth. The primary concern is with technology and the problem is whether the market induces technological advances or whether they induce new demands that explain the subsequent diffusion of new technologies. Science is generally considered to be an exogenous factor not directly subject to market forces and, therefore, appears to be of no interest. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 28.1 (2004) 223-225 [Access article in PDF] Devoirs et Délices d'une vie de passeur: Entretiens avec Catherine Portevin, by Tzvetan Todorov; 395 pp. Paris: Les Éditions du Seuil, 2002, €22. Caveat lector. Let the reader beware: this is no leisurely, nostalgic stroll by another Parisian intellectual now ruminating and pontificating over issues and events outside his competence. True to his vocation as ferryman (passeur), Todorov guides (...) the reader over the vast expanses of historical, ideological, and intensely personal terrain that he has explored as an émigré of Bulgaria, a brilliant Structuralist, French citizen, father, spouse, and son caring for his aged father. The resulting mosaic composes a narrative itinerary rich in intellectual history.The exceptional range of Todorov's experience and research affords him a unique perspective. Having first lived and studied under Stalinism, he distinguished himself as a Parisian literary scholar stressing the primacy of the linguistic. Now internationally renowned, his books cover a broad spectrum of human experience, including the Holocaust, WWII, totalitarianism, the ethics of memory, the role and function of the intellectual, race and culture, ethnocentrism and conquest, and, most recently, human identity and a new humanism. Having immersed himself in numerous contexts, Todorov has acquired extensive firsthand knowledge from within. He is nevertheless adept at standing back and assessing them from without, revealing idiosyncrasies and limitations. His uncompromising scrutiny bows to no ideological a priori, nor spares any sacred cow.Some pronouncements will ruffle feathers in a number of intellectual aviaries. He values literature, for example, above philosophy, science, and the social sciences as a source of not only beauty, but meaning and truth. Contrary to the tendency to view literature as an arbitrary construction used to further an agenda of socio-economic domination and political repression, he contends that literary texts can best enrich our vision of the world and our personal sensibilities. Stressing art's essential humanity while challenging the obsession with science and technology, Todorov views language as neither estranged from reality nor subjugated by politics. Hence the impossibility of isolating literature from ethics and existence: writers legitimately seek to come to terms with the human condition, communicating experiences and sensibilities we would otherwise ignore. [End Page 223]Criticism, contends Todorov, should accordingly plunge back into the work's context or thought, as does Bénichou in studying French Classicism, or Joseph Frank in analyzing Dostoyevsky, or else it should explore anthropological perspectives, as does René Girard. Todorov's focus remains squarely on the literary work, not on the genius of theory: we have more to learn from texts of all ages than from contemporary critics who embed them in systems, reducing them to mere examples of theory.Beyond the "ethnocentrism" (p. 124) that he sees in the tendency to approach literary works through current preoccupations, Todorov delivers a severe verdict on the Marxist intellectuals so prominent throughout the 1950s, 60s, and 70s: "... the thirty years (1945-1975) that were so glorious for the French economy [were] disastrous for political thought. Ideologically, these are years of stagnation and of an intellectual straight jacket in which all discourse was judged by the measure of Marxist-Leninist dogma" (pp. 144-45, translation mine). Todorov thus deplores such irresponsibility: all while enjoying the many material comforts and civil freedoms of a free-market, democratic society, "bobos" (bourgeois bohèmes) advocated the instauration of a totalitarian regime whose economic failures and political repression Todorov had known only too well. Their actions thus were not in keeping with their discourse, for they made no effort to seriously weigh the concrete results of their ideology.Like Tony Judt, who voices similar criticisms in Past Imperfect and The Burden of Responsibility, Todorov prefers Raymond Aron's intellectual rigor and Camus's humane moderation to Sartre's knee-jerk radicalism and futile gesticulations. Given Todorov's experience and erudition, such criticisms can neither be brushed aside nor attributed to being a rear-guard action. He moreover distributes incisive criticisms to the Right, to the Left, and even to the Center. But... (shrink)

David Lewis presented Convention as an alternative to the conventionalism characteristic of early-twentieth-century analytic philosophy. Rudolf Carnap is well known for suggesting the arbitrariness of any particular linguistic convention for engaging in scientific inquiry. Analytic truths are self-consistent, and are not checked against empirical facts to ascertain their veracity. In keeping with the logical positivists before him, Lewis concludes that linguistic communication is conventional. However, despite his firm allegiance to conventions underlying not just languages but also social customs, he (...) pioneered the view that convening need not require any active agreement to participate. Lewis proposed that conventions arise from “an exchange of manifestations of a propensity to conform to a regularity” (87–8). In reasserting the conventional quality of languages and other practices resting on mutual expectations, Lewis comfortably works within the analytic tradition. Yet he also deviates from his predecessors because his conventionalist approach is comprehensively grounded in instrumentalism. Lewis adopts an extension of David Hume's desire-belief psychology articulated in rational choice theory. He develops his philosophy of convention relying on the highly formal mid-twentieth-century expected utility and game theories. This attempt to account for language and social customs wholly in terms of instrumental rationality has the implication of reducing normativity to preference satisfaction. Lewis’ approach continues in the trend of undermining normative political philosophy because institutions and practices arise spontaneously, without the deliberate involvement of agents. Perhaps Lewis’ Convention is best seen as a resurgent form of analytic philosophy, characterized by “a style of argument, hostility to [ambitious] metaphysics, focus on language, and the dominance of logic and formalization” that solves the dilemma of “combining the analytic inheritance…with normative concerns” by reducing normativity to individuals’ preference fulfillment consistent with the axioms of rational choice. (shrink)

Although a strict dichotomy between facts and values is no longer accepted, less attention has been paid to the roles values should play in our acceptance of factual statements, or scientific descriptive claims. This paper argues that values, whether cognitive or ethical, should never preclude or direct belief on their own. Our wanting something to be true will not make it so. Instead, values should only be used to consider whether the available evidence provides sufficient warrant for a (...) claim. This argument is made for all relevant values, including cognitive, ethical, and social values. The rational integrity of science depends not on excluding some values and including others in the reasoning process, but of constraining all values to their proper role in belief acceptance. (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)

“Proof of concept” is a phrase frequently used in descriptions of research sought in program announcements, in experimental studies, and in the marketing of new technologies. It is often coupled with either a short definition or none at all, its meaning assumed to be fully understood. This is problematic. As a phrase with potential implications for research and technology, its assumed meaning requires some analysis to avoid it becoming a descriptive category that refers to all things scientifically exciting. I provide (...) a short analysis of proof of concept research and offer an example of it within synthetic biology. I suggest that not only are there activities that circumscribe new epistemological categories but there are also associated normative ethical categories or principles linked to the research. I examine these and provide an outline for an alternative ethical account to describe these activities that I refer to as “extended agency ethics”. This view is used to explain how the type of research described as proof of concept also provides an attendant proof of principle that is the result of decision-making that extends across practitioners, their tools, techniques, and the problem solving activities of other research groups. (shrink)

Within a given conversation or information exchange, do privacy expectations change based on the technology used? Firms regularly require users, customers, and employees to shift existing relationships onto new information technology, yet little is known as about how technology impacts established privacy expectations and norms. Coworkers are asked to use new information technology, users of gmail are asked to use GoogleBuzz, patients and doctors are asked to record health records online, etc. Understanding how privacy expectations change, if at all, and (...) the mechanisms by which such a variance is produced will help organizations make such transitions. This paper examines whether and how privacy expectations change based on the technological platform of an information exchange. The results suggest that privacy expectations are significantly distinct when the information exchange is located on a novel technology as compared to a more established technology. Furthermore, this difference is best explained when modeled by a shift in privacy expectations rather than fully technology-specific privacy norms. These results suggest that privacy expectations online are connected to privacy offline with a different base privacy expectation. Surprisingly, out of the five locations tested, respondents consistently assign information on email the greatest privacy protection. In addition, while undergraduate students differ from non-undergraduates when assessing a social networking site, no difference is found when judging an exchange on email. In sum, the findings suggest that novel technology may introduce temporary conceptual muddles rather than permanent privacy vacuums. The results reported here challenge conventional views about how privacy expectations differ online versus offline. Traditionally, management scholarship examines privacy online or with a specific new technology platform in isolation and without reference to the same information exchange offline. However, in the present study, individuals appear to have a shift in their privacy expectations but retain similar factors and their relative importance—the privacy equation by which they form judgments—across technologies. These findings suggest that privacy scholarship should make use of existing privacy norms within contexts when analyzing and studying privacy in a new technological platform. (shrink)

This chapter examines and criticizes the main arguments offered for scientific realism, here identified as the following view: Science aims to give us, in its theories, a literally true story of what the world is like; and acceptance of a scientific theory involves the belief that it is true. In contrast, constructive empiricism, which also opts for a literal understanding of scientific language, is the following view: Science aims to give us theories which are empirically (...) adequate; and acceptance of a theory involves as belief only that it is empirically adequate. Topics examined include the ’theory/observation dichotomy’, observable versus unobservable entities, epistemology and the epistemic community, inference to the best explanation, principle of the common cause, and fictionalism. The views of Smart, Sellars, Reichenbach, Putnam, and Dummett are considered. It is argued that the arguments offered for scientific realism, though telling against logical positivism, do not support it over and against constructive empiricism. (shrink)

Recent controversy over whether the Vienna Circle can provide a model for today’s political turn in the philosophy of science indicates the need to clarify just what is meant by the term political philosophy of science. This paper finds fourteen different meanings of the term, including both descriptive and normative usages, having to do with the roles of political values in the sciences, the political consequences and significance of the sciences and scientific modes of thought, and political (...) processes within the sciences. These different senses are exemplified by the history of nineteenth century French philosophy of science, including Comte and Renouvier, as well as twentieth century logical positivists such as Neurath and more recent philosophers of science such as Kitcher and Longino. The paper also addresses the issue of how there could be a positivist political philosophy of science, given positivisms’ questioning of values, and considers Renouvier’s social contract approach to a political philosophy of science more promising than either Comte’s naturalism or the logical positivists’ non-cognitivism. (shrink)

Gregory Pappas faced a difficult task in offering a critical response to this book, as he is not only the current philosopher who is most cited in the book, but the book frequently acknowledges his work as being the single greatest intellectual bridge between the various filosofías vivas (living philosophies) of the Americas. I am humbled by Goyo's (Pappas's) kind words and thankful for his critiques.Pappas's most significant critique concerns Part II of the book, the part that investigates the (...) danger that inter-American philosophy might function, intentionally or not, as a form of US propaganda. Pappas suggests that this section descends into an oversimplified kind of cultural Manichaeanism, where all of Latin America's problems are explained as being due to yanqui colonialism and the peoples of Latin American countries are all virtuous, long-suffering victims with no agency or accountability themselves. Worse yet, Pappas raises the possibility that I have foolishly set out on a Quest for Purity (fighting words to be sure since he knows how much I dig Dewey's Quest for Certainty!) where I make it my mission to imagine an American philosophical discourse disinfected of all North American colonialism. Pappas's critique is fair and insightful. I am most concerned that in my effort to take seriously the linkages between American pragmatism and American colonialism that Rodó, Vasconcelos, and others allege exist, I have painted an oversimplified and crude picture that, most troublingly, elides the moral agency of the peoples of the Caribbean and Latin America. Please let me offer a few responses to his critique that the book lacked subtlety in its analysis of colonialism as it relates to inter-American philosophy and North American Pragmatism.First, Pappas is undoubtedly correct that the United States is not to blame for all the problems that beset the peoples of Latin America, and that every country has its own, homegrown problems of corruption and vice. However, a philosophy centered on the problems of life recognizes our contexts and various situated positions. Therefore, as a gringo (even a gringo Boricua who was raised in Puerto Rico), I contend it is not my place to remove the mote of moral failures from those living within a colonial system while the beam of white colonialism still blinds most white Americans (including me) from properly seeing ourselves in this system. Pappas is, of course, correct when he says that the “other side also needs some correction.” However, as a white US citizen who has benefitted from these colonial systems, I think it is most productive and appropriate for me, for reasons of pragmatist fallibilism if nothing else, to attend to my side in the problem, which is the history and present of US colonialism in the Americas. While I accept that my analysis lacked balance and subtlety, as Pappas rightly notes, the reason was that I was trying to write consistently from my position as a yanqui who wanted to thematize the role of US colonialism within Latin America, not to strive for purity, but instead a full reckoning of a system that my privilege encourages me to ignore.This leads to a second valence of my response to Dr. Pappas's critique, one that regards how my affinities impact my epistemology. If some readers find the critique of American Pragmatism in Part II to be too vociferous (though, I am sure many others will find the critiques too tame), it was because I was intentionally trying to write with my off-hand, as it were. The chapters of Part II strive to charitably consider and make room for the charge that was suggested by Frondizi and strenuously argued by Vasconcelos, Rodó, and Albizu, that philosophies of the Global North, including Pragmatism, facilitate systems of oppression in the Global South. I did so to try to correct for the fact that my starting point is one of great admiration and even love for American Philosophy, including many English-language North American pragmatists like Dewey, James, and Addams. One of the premises of this book is that the academic discourse of inter-American philosophy is ready to grow past the initial stage of development, which has heretofore focused on delineating points of affinity between the intellectual traditions of the Americas, and to start to contend with points of discord and contention. So while I was (and truthfully still am not) convinced by José Vasconcelos's depiction of John Dewey as the High Priest of the American Empire, I also know that since Dewey is one of my greatest influences, my personal affinity might lead me to exculpate him even if a critique is valid. Therefore, I argue that it is appropriate and necessary to offer a charitable summary of these critiques so that other scholars with different perspectives and starting points might weigh in on these and other critiques. The purpose of this book was less to argue a position about many of these issues, than it was to invite and foster a broader, truly inter-American community of inquiry to engage with these questions to have a full and complex assessment of the questions. Somewhat ironically, I dedicated a third of this book to making charitable room for critiques of North American Pragmatism for good pragmatist reasons. One of the most significant values of philosophical Pragmatism is its prioritization of a particular method of inquiry that is democratic and sincere above any particular claim. In this case, that means it is more important to have an inter-American philosophical dialogue that makes room for and charitably considers all claims (including claims that are profoundly distrustful of Pragmatism by thinkers like Rodó and Vasconcelos) than it is for me, as one voice speaking at what I think is still an early stage of the conversation, to defend or refute particular claims about philosophers. A full scholarly discourse developed by an inter-American community of philosophical inquiry will yield the sort of subtle and nuanced historical understanding Pappas calls for. The intent was to move this discourse toward the more contentious points of inter-American philosophical exchange and precisely because I believe that fostering a broader, truly American philosophical discourse is a legitimate aspiration. The Deweyan in me believes that this kind of community of engaged inquirers is the best group to encourage the sort of ground-up change that Alexis Massol and others call us to make.Finally, the most personally authentic response to Pappas's critique is that the parts of the book that sought parallels between the horrific crimes and injustices of American imperialism and American Pragmatism were my attempt to heed Anzaldúa's imperative from Borderlands/La Frontera to accept the doppelganger in our psyches, to acknowledge and correct the “negative” parts of ourselves that we have pushed onto mexicanos and other latine peoples for centuries (Anzaldúa 86). Since I take to heart her claim that the tendency of white Americans is to displace our problems onto others, it is essential for me to fully know myself and my cultures in the context of colonialism. While Pappas is, of course, right to say the problems are not entirely due to yanqui colonialism, it is also certainly the case that white Americans are still casting their faults onto people they frame as Others and scapegoating Latin American immigrants as the source of their woes. So, as with the responses above, it felt right to me to air out these more critical perspectives on not just US foreign policy but also the philosophies of the United States, in order to work against the tendency that Anzaldúa sees in white folk to let ourselves off the hook and the push our faults onto others.As with Pappas above, I am greatly honored that Alexander Stehn would write such a thoughtful and nuanced critique that demonstrates such a careful reading of the book. I am heartened that a scholar as well versed as Alex would say that he learned from the book. If that is so, I am sure that it is because this book's primary value is ostensive: it hopefully functions as a signpost directing the reader to dig deeply into the works of thinkers like Pedro Albizu Campos, Fernando Zalamea, and Henríquez Ureña, who are still little-read in English-language settings. I am excited for Stehn's students to get to read Albizu's political philosophy alongside works by Socrates, King, and Zea! Still, Stehn is too gracious by directing the first part of his comments to developing insights that are largely praiseworthy of the book.However, I have long noticed that whenever a philosopher starts a critique with kind and thoughtful comments of praise, they will follow with a shot to the heart. Stehn's third point, which is well-warranted and framed very gently, is that I fail to give the reader enough access to my inner life. Stehn is correct to note that this is a significant failing on my part since I specifically frame the book in part as my effort at an Anzaldúan autohistoria that strives to draw insights by blending personal introspection with traditional approaches to history and theoretical analysis. My friend and colleague Alex is correct that the moments of self-reflection are too few and certainly less brave and self-revelatory than those of first-order writers in this genre, like Anzaldúa, Lugones, and Mariana Alessandri.1Therefore, my first response to Stehn's critique is to simply cop to the fact that I am less skilled and less brave than these and other authors that I emulate and hold up as guides. For what it's worth, that was me, as someone from an Irish-Italian Catholic family who learned to repress and conceal all problems at an early age, trying to be self-revelatory! However, Stehn is correct that the book certainly would have been stronger had I delved more deeply into the truths of my life being brought up as a gringo in Puerto Rico. A more authentic autohistoria would have done a more thorough job of reclaiming my own doppelganger and illustrating what it might mean to be a white, straight guy who sincerely strives to adopt his version of the mestiza consciousness that Anzaldúa argued we all need to develop. In particular, I should have connected the dots more explicitly between the colonial laws and policies that enabled my parents and me to move to Puerto Rico in the 1970s and the colonial and white supremacist ideas and habits that I learned from my family and perpetuated myself that often put me out-of-sorts with the people I was lucky to be raised with.Stehn asks what experiences still haunt me about my childhood that I did not address in the book. There are lots and too many to talk about today, but I will say the most difficult ones center around my mom, Joan, who passed away a few weeks before our panel in Boston. She was born into crushing poverty in New York City during the Great Depression and learned early-on to be ashamed of her poverty as well as her Italian heritage, which she learned to associate with poverty. She spent most of her life working hard to care for her five kids and to make sure we were well-prepared to “succeed in life,” which to her meant to make the most of white privilege by doing well financially and getting as far as possible from the rough Bronx upbringing she had. She therefore found it a cruel and mirthless joke to have worked her way all the way to the comfort and status of the white-flight New Jersey suburbs only to find herself back in an apartment in a crowded city. She also manifested and conveyed to me the logic of a white supremacist ideology that sorted people according to the same racial taxonomy that she learned as a kid, the one that made her suspicious to my dad's Irish father, but nonetheless just barely inside the lines of whiteness. If I were a braver writer, I would have perhaps written about the wounds within mi propia alma (my own soul) born of being taught by the person who loved me best in the world that I should be terrified of “the Puerto Ricans” and then to have to go make friends and live in Puerto Rico.There is, perhaps, a mitigating factor to Stehn's critique that I do not bring myself sufficiently to account in my work, and I offer this not by way of self-defense, but to hopefully illuminate a significant point. As with my response to Pappas's critique above, I strove through this work to eschew any pretense of a view sub specie aeternitatis in favor of a work that was mindful of my context and situatedness. So while Stehn is right that the work would have been more valuable were I braver in my self-analysis, I think that, as a person situated in a context of great lived privilege, it is proper for me to balance out a tendency toward taking up more space than is fair. To make the point simply, I did not want the work to be about me, but instead about how I might open an important discussion on how to develop an inter-American philosophical community capable of addressing the legacy of US colonialism across the Americas. Therefore, perhaps autohistoria should look different for me than it did for Anzaldúa. If I am lucky enough to have my gig as a professor long enough to write another book (my university just announced we were moving to a “polytechnic” model that emphasizes STEM and professional fields even more than they already are, so perhaps I will yet become another over-educated Irish-American bartender after all!), I will continue to find the right balance between being forthright about my own efforts to reclaim my doppelganger and heal the splits in my heart and being humble and quiet in the self-awareness that people like me have spoken too much already, and that sometimes the wisest thing for me to do is to stop talking. (shrink)

In this paper I want to present the guiding lines of a research programme into the economics of scientific knowledge, a programme whose ultimate goal is to develop what I would like to call a contractarian epistemology. The structure of the paper is as follows: in the first section I will comment on two conflicting approaches to the topic of rationality in science: the view of the rationality of scientific knowledge as deriving from the employment of sound (...) methodological norms, and the view of scientists as rational agents pursuing the optimisation of their own personal and professional interests. In section 2 I will try to make both approaches mutually consistent by showing that a competition among rational "recognition-seekers" is only possible if they agree in accepting some system of methodological norms. Section 3 will be devoted to analyse the main kinds and properties of these norms. Finally, in section 4 I will discuss a question which is far from being easy and innocent: why are scientific norms obeyed by researchers, once they have been established in a scientific discipline? (shrink)

The term dual use technologies refers to research and technology with the potential both to yield valuable scientific knowledge and to be used for nefarious purposes with serious consequences for public health or the environment. There are two main approaches to assessing dual use technologies: pragmatic and metaphysical. A pragmatic approach relies on ethical principles and norms to generate specific guidance and policy for dual use technologies. A metaphysical approach exhorts us to the deeper study of human (...) nature, our intentions, goals, values ideals and social relations when considering dual use technology. Use of science and technology (S and T) is determined by two components of human nature: human intentions and choices. We have drawn a distinction between specific measures, goals and intentions with respect to technologies in order to show that moral judgment about technologies must precede their use. Understanding of our intentionality and values, and our moral ideals, as a measurable, tangible part of the real world is important for the prevention of any possible harm from S and T. In the context of dual use technologies, we stress the importance of three main understandings of human nature: vulnerability, responsibility and narrative identity. These can become a strong ontological “antidote” to technology’s poisoning of modern man. Each new technology can be measured and compared with man’s values, traditions and societal norms. This can be done bearing in mind the concept that human nature is not dualistic, but pluralistic. A system of ethical principles that includes the principles of good intentions, the correspondence of goals and means, the balancing of risks and benefits, simplicity, and contextuality, will help ensure that technologies are more humanistic and friendly to human beings. (shrink)

In this article the paradoxical role of legal science in legal practice is discussed. On the one hand, legal scientists do not agree on the criterions of the scientific character of legal science. On the other hand, even in the legal cases that are especially complicated it is possible to arrive at theoretically unquestionable decisions. The author of the article concludes that legal practice is based on fundamental theoretical insights; however, in legal practice these insights are used more (...) intuitively than reflectively. Therefore, the aim of the article is to rationally reconstruct these theoretical insights with reference to the ideas of modern schools of legal philosophy. For this purpose the ideas of the theory of natural law are discussed. It is concluded that in legal practice two provisions of natural law are applied: legal decisions ought to be reasonable and must include existential ends (basic values). The evolution of the legal positivism is discussed in the article and it is concluded that legal positivism offers the criterions of the scientific character of legal science by framing the procedural rules of the democratic process of lawmaking. These rules anticipate such conditions: consensus concerning decision making; equal participation of all members of legal discourse confirming normative decisions; the acceptability of consequences after the realisation of normative decisions; the possibility to reaffirm normative decisions, if necessary. The ideas of virtue jurisprudence are discussed and it is claimed that virtue jurisprudence as a criterion of the scientific character of law proposes such theoretical position: the decisions concerning human rights must supply the value system (hierarchy) and the virtues which are formed and justified in the long legal tradition. The article represents the use of these criterions of the scientific character of legal science by Jurgen Habermas to debate about legal prohibition of the improvement of the human genome by using modern technologies of genome engineering in the Convention of Human Rights and Biomedicine (Oviedo, 1997). (shrink)

Christopher Herbert, provoked by the Alan Sokal affair and by bullying critiques of “relativism,” has written this study to demonstrate the prominence of relativistic thought in the sciences of the last two centuries. Although he draws back from any claim that relativity and its opposite, philosophical realism, lead of necessity to particular political positions, he associates the former with liberal tolerance and the latter with mandatory worship in a repressive “church of ‘absolute truth’”. Nazi physicists such as Philipp Lenard, he (...) argues, “knew better than to regard relativity as a ‘purely scientific matter,’ seeing it instead as a mode of awareness implacably hostile to their own”, and for him it is no less consequential.Herbert runs the risk, he allows, of incurring Sokal's laughter. “For the benefit of any reader who will be reassured by the admission, I will concede the methodological dangers of proceeding as I do in this book, constructing intellectual history out of a congeries of remote‐seeming texts on the strength of what may seem like freely interpretive reading, unbuttressed by claims of demonstrable direct ‘influence’”. His concession, however, is off the mark. Does anybody now regard “influence” as the only legitimate category of explanation in intellectual history? A serious argument for a common discourse, rooted perhaps in a shared reaction to contemporary events or circumstances, can provide sufficient justification for a wide‐ranging cultural account. But his study is held together by little more than a word, “relativity.” Did it really, as he implies, have the same meaning in the writings of Herbert Spencer as in those of Albert Einstein?Although it seems unpromising, the possibility cannot be excluded in principle. To make it plausible would require a searching investigation of their scientific aims, their philosophical positions, and perhaps also their political purposes. Einstein was a German, a mathematical physicist, whose political views tended to pacifism and socialism. Spencer, who worked at the intersection of biology and social science, sought a unifying principle in a progressive cosmic tendency to advance from homogeneity to heterogeneity and by the 1880s had grown bitterly resentful about the growth of the social state in Britain. It seems at first comical to construe them as allied in advocacy of the doctrine of Protagoras, as Herbert labels it, that man is the measure of all things. Herbert simply ignores considerations of this kind, and there is nothing deeper in the book to alter one's initial reaction. Instead, he reaches more widely, enlisting on the same relativistic team an improbable alliance of Jeremy Bentham, John Stuart Mill, Charles Darwin, marginalist economics, Ernst Mach, Karl Pearson, quantum theory, Saussurean linguistics, and, in our own time, Richard Rorty and Jacques Derrida. Few opponents of this Victorian relativity are identified, for almost everyone has said something that can be associated with one or another meaning of “relativity.” In asides and footnotes, Herbert reaches back to the Enlightenment philosophes, and even to Hobbes, as relativistic progenitors. Well may Sokal laugh.Herbert is not a historian, but a literary theorist. He has this in common with the intolerant scientific realists he chastises: that he has composed a work of history—to which he indeed applies the name “intellectual history”—without bothering to canvass the historical scholarship. Would a great university press publish a book on the rise of the novel by an author who had never looked to literary scholarship, or on landscape painting by one who disdained to read art history? Herbert seems a perfectly decent fellow, but his book suggests that the arrogance of theory is fully a match for the arrogance of science. (shrink)

According to the foundationalist picture, shared by many rationalists and positivist empiricists, science makes cognitive progress by accumulating justified truths. Fallibilists, who point out that complete certainty cannot be achieved in empirical science, can still argue that even successions of false theories may progress toward the truth. This proposal was supported by Karl Popper with his notion of truthlikeness or verisimilitude. Popper’s own technical definition failed, but the idea that scientific progress means increasing truthlikeness can be expressed by (...) defining degrees of truthlikeness in terms of similarities between states of affairs. This paper defends the verisimilitude approach against Alexander Bird who argues that the “semantic” definition is not sufficient to define progress, but the “epistemic” definition referring to justification and knowledge is more adequate. Here Bird ignores the crucial distinction between real progress and estimated progress, explicated by the difference between absolute degrees of truthlikeness and their evidence-relative expected values. Further, it is argued that Bird’s idea of returning to the cumulative model of growth requires an implausible trick of transforming past false theories into true ones. (shrink)

Realizing the ideal of democracy requires political inclusion for citizens. A legitimate democracy must give citizens the opportunity to express their attitudes about the relative attractions of different policies, and access to political mechanisms through which they can be counted and heard. Actual governance often aims not at accurate belief, but at nonepistemic factors like achieving and maintaining institutional stability, creating the feeling of government legitimacy among citizens, or managing access to influence on policy decision-making. I examine the traditional (...) relationship between inclusiveness and accuracy, and illustrate this connection by discussing empirical work on how group decision-making can improve accuracy. I also advance a Generic Epistemic Principle that any evidence-based decision-making procedures must embrace. Focusing on policy-making, I then measure the distance between these standards and the ones actually implemented in U.S. political settings. Psychological research on individual and group decision-making is a source of normative assessment for existing policy judgment, but it neither rationalizes nor legitimates the actual and typical processes used in U.S. institutions of political decision making. To establish this point, I focus on one characteristic government institution—the U.S. House of Representatives Committee on Science, Space, and Technology—that displays deliberative processes at odds with the sciences they advocate, and with the Generic Epistemic Principle. I explain this discouraging condition in terms of several inveterate factors in U.S. politics: a limitlessly money-driven and endless campaigning process that effectively forces elected representatives to align themselves with money and vote strategically, the use of procedural arrangements known to make people feel politically included when they are not, and the unresponsiveness of a majoritarian (vs. consensus) democracy. (shrink)

This chapter discusses two different issues about the relationship between legal positivism and robust normativity (understood as the most authoritative kind of normativity to which we appeal). First, the chapter argues that, in many contexts when discussing “legal positivism” and “legal antipositivism”, the discussion should be shifted from whether legal facts are ultimately partly grounded in moral facts to whether they are ultimately partly grounded in robustly normative facts. Second, the chapter explores an important difference within the (...) kinds of arguments that legal philosophers give for the (purported) truth of legal positivism. The difference concerns whether (purportedly) robustly normative facts are appealed to as premises in those arguments or not. (A closely connected issue is whether (purportedly) normative facts that bear one or more important connections to robustly normative facts are appealed to in premises to those arguments.) The chapter argues that thinking about this dividing line helps people better situate the positivist/antipositivist dispute, better understand the space of views in legal philosophy, better evaluate those views, and avoid having merely verbal disputes. (shrink)

Philosophical investigation in synthetic biology has focused on the knowledge-seeking questions pursued, the kind of engineering techniques used, and on the ethical impact of the products produced. However, little work has been done to investigate the processes by which these epistemological, metaphysical, and ethical forms of inquiry arise in the course of synthetic biology research. An attempt at this work relying on a particular area of synthetic biology will be the aim of this chapter. I focus on the reengineering of (...) metabolic pathways through the manipulation and construction of small DNA-based devices and systems synthetic biology. Rather than focusing on the engineered products or ethical principles that result, I will investigate the processes by which these arise. As such, the attention will be directed to the activities of practitioners, their manipulation of tools, and the use they make of techniques to construct new metabolic devices. Using a science-in-practice approach, I investigate problems at the intersection of science, philosophy of science, and sociology of science. I consider how practitioners within this area of synthetic biology reconfigure biological understanding and ethical categories through active modelling and manipulation of known functional parts, biological pathways for use in the design of microbial machines to solve problems in medicine, technology, and the environment. We might describe this kind of problem-solving as relying on what Helen Longino referred to as “social cognition” or the type of scientific work done within what Hasok Chang calls “systems of practice”. My aim in this chapter will be to investigate the relationship that holds between systems of practice within metabolic engineering research and social cognition. I will attempt to show how knowledge and normative valuation are generated from this particular network of practitioners. In doing so, I suggest that the social nature of scientific inquiry is ineliminable to both knowledge acquisition and ethical evaluations. (shrink)

According to a perhaps naive, but still dominant positivistic view of science, scientific knowledge is the only reliable knowledge. It is reliable because it is objective. It derives its objectivity from the objectivity of observation made by a detached observer. The way in which empirical scientists look at the world is sometimes described as “scientific attitude.” In order to be objective observers, scientists must be indifferent, disinterested, neutral and impartial. Personal opinions or preferences have to be (...) suspended. No subjective elements are allowed to intrude. Science is believed to be reliable if it is based on objective and verifiable observational statements which can be transmitted into laws and theories. The spectacular achievements of natural science and technology in today’s world appear to support the belief in the objectivity, reliability, and even supremacy of scientific knowledge. But is this view truly justified? Does science offer the best possible route to reliable knowledge, not only of natural but also of social phenomena? Should pre-scientific forms of knowledge, such as ethics, be seen as a matter of individual preferences or subjective emotions, and therefore be disregarded as knowledge? Before I attempt to answer these questions, I shall address the issue of objectivity in science. I believe that the understanding of this issue will help us to evaluate rightly the scientific claim to know and to assess the place of science among other forms of knowledge. (shrink)

In this paper, I address the question of the nature and ground of objectivity, with the aim to develop a pragmatist account of its distinctive features. Traditionally, pragmatism has been considered as an alternative to Kantian approaches. The aim of the paper is to argue that, contrary to the received view, a consistent pragmatist theory of objectivity should preserve many insights of Kantian and post-Kantian philosophy. My thesis is that Kantian notions of spontaneity, activity and objectivity can be fruitfully (...) reformulated and translated into pragmatist terms. The key notion here is that of practices. It is only within the context of a practice that concepts can be successfully applied to experience. The intrinsic normativity of practices establishes different levels of objectivity. The paper defends a pluralistic view of reality, insisting on the irreducibility of common-sense objectivity to scientific objectivity. At the same time, it is maintained that common-sense practices have a primacy over scientific practices, and that scientific objects are constructed out of common-sense objects through a process of articulation of the potentialities of the latter. (shrink)

It is often argued that neuroscience can be expected to provide insights of significance for education. Advocates of this view are sometimes committed to 'brainism', the view (a) that an individual's mental life is constituted by states, events and processes in her brain, and (b) that psychological attributes may legitimately be ascribed to the brain. This paper considers the case for rejecting brainism in favour of 'personalism', the view that psychological attributes are appropriately ascribed only to (...) persons and that mental phenomena do not occur 'inside' the person but are aspects of her mode of engagement with the world. The paper explores arguments for personalism from Russian philosopher Evald Ilyenkov and a number of contemporary Western thinkers, including Peter Hacker and John McDowell. It is argued that, since plausible forms of personalism do not deny that brain functioning is a causal precondition of our mental lives, personalism is consistent with the claim that neuroscience is relevant to education, and not just to the explanation of learning disorders. Nevertheless, it is important that fascination with scientific innovation and technological possibility should not distort our conception of what education is or ought to be, leading us to portray education not as a communicative endeavour, but as an exercise in engineering. (shrink)

Scientists often diverge widely when choosing between research programs. This can seem to be rooted in disagreements about which of several theories, competing to address shared questions or phenomena, is currently the most epistemically or explanatorily valuable—i.e. most successful. But many such cases are actually more directly rooted in differing judgments of pursuit-worthiness, concerning which theory will be best down the line, or which addresses the most significant data or questions. Using case studies from 16th-century astronomy and 20th-century geology and (...) biology, I argue that divergent theory choice is thus often driven by considerations of scientific process, even where direct epistemic or explanatory evaluation of its final products appears more relevant. Broadly following Kuhn’s analysis of theoretical virtues, I suggest that widely shared criteria for pursuit-worthiness function as imprecise, mutually-conflicting values. However, even Kuhn and others sensitive to pragmatic dimensions of theory ‘acceptance’, including the virtue of fruitfulness, still commonly understate the role of pursuit-worthiness—especially by exaggerating the impact of more present-oriented virtues, or failing to stress how ‘competing’ theories excel at addressing different questions or data. This framework clarifies the nature of the choice and competition involved in theory choice, and the role of alternative theoretical virtues. (shrink)

Approaches aimed at regulating artificial intelligence (AI) include a particular form of risk regulation, i.e. a risk-based approach. The most prominent example is the European Union’s Artificial Intelligence Act (AI Act). This article addresses the challenges for adequate risk regulation that arise primarily from the specific type of risks involved, i.e. risks to the protection of fundamental rights and fundamental societal values. This is mainly due to the normative ambiguity of such rights and societal values when attempts are (...) made to select, interpret, specify or operationalise them for the purposes of risk assessments and risk mitigation. This is exemplified by (1) human dignity, (2) informational self-determination, data protection and privacy, (3) anti-discrimination, fairness and justice, and (4) the common good. Normative ambiguities require normative choices, which are assigned to different actors under the regime of the AI Act. Particularly critical normative choices include selecting normative concepts by which to operationalise and specify risks, aggregating and quantifying risks (including the use of metrics), balancing value conflicts, setting levels of acceptable risks, and standardisation. To ensure that these normative choices do not lack democratic legitimacy and to avoid legal uncertainty, further political processes and scientific debates are suggested. (shrink)