In the Principles of Philosophy, Descartes attempts to explicate the well-known phenomena of varying bodily size through an appeal to the concept of "solidity," a notion that roughly corresponds to our present-day concept of density. Descartes' interest in these issues can be partially traced to the need to define clearly the role of matter in his natural laws, a problem particularly acute for the application of his conservation principle. Specifically, since Descartes insists that a body's "quantity of motion," (...) defined as the product of its "size" and speed, is conserved in all material interactions, it is imperative that he explain how solidity influences the magnitude of this force. As a means of resolving this problem, Descartes postulated an idealized condition of "perfect solidity" which correlates a body's "agitation" force (a forerunner of Newton's concept of non-accelerating, or "inertial" motion) with the interplay of its volume, surface area, and composition of minute particles. This essay explores this often misunderstood aspect of Descartes' physics, as well as the special function of idealized conditions in his collision rules. Contrary to those commentators who regard "perfect solidity" as a stipulation on bodily impact, this notion, it will be argued, is primarily concerned with the internal composition of macroscopic bodies, and only indirectly with their collision characteristics. Along the way, many of Descartes' hypotheses will be shown to display a level of sophistication and intricacy that, despite their essential incompatibility, belie several of the common misconceptions of Cartesian science. (shrink)

This is an attempt to axiomatise the natural laws. Note especially axiom 4, which is expressed in third order predicate logic, and which permits a solution to the problem of causation in nature without stating that “everything has a cause”. The undefined term “difference” constitutes the basic element and each difference is postulated to have an exact position and to have a discrete cause. The set of causes belonging to a natural set of dimensions is defined as (...) a law. This means that a natural law is determined by the discrete causes tied to a natural set of dimensions. A law is defined as “defined” in a point if a difference there has a cause. Given that there is a point for which the law is not defined it is shown that a difference is caused that connects two points in two separate sets of dimensions. (shrink)

Physicists and philosophers today have formulated three opposing models that explain how laws work. Which is the best?

In this article I intend to show that the inference problem, one of the main objections raised against the anti-Humean theory of natural laws defended by Dretske, Tooley and Armstrong (“DTA theory” for short), can be successfully answered. First, I argue that a proper solution should meet two essential requirements that the proposals made by the DTA theorists do not satisfy. Then I state a solution to the inference problem that assumes a local immanentistic view of universals, a (...) partial definition of the nomic necessitation relation as a relation of existential dependence, and a principle constraining multiple occupancy. I also argue that my solution meets the two requirements. Finally, I deal with non-standard laws such as exclusion laws, causal laws and laws involving spatiotemporal parameters. (shrink)

In this paper, I will defend the thesis that fundamental natural laws are distinguished from accidental empirical generalizations neither by metaphysical necessity, 147–155, 2005, 2007) nor by contingent necessitation. The only sort of modal force that distinguishes natural laws, I will argue, arises from the peculiar physical property of mutual independence of elementary interactions exemplifying the laws. Mutual independence of elementary interactions means that their existence and their nature do not depend in any way on (...) which other interactions presently occur. It is exactly this general physical property of elementary interactions in the actual world that provides natural laws with their specific modal force and grounds the experience of nature’s ‘recalcitrance’. Thus, the modal force of natural laws is explained by contingent non-modal properties of nature. In the second part of the paper, I deal with some alleged counterexamples to my approach: constraint laws, compositional laws, symmetry principles and conservation laws. These sorts of laws turn out to be compatible with my approach: constraint laws and compositional laws do not represent the dynamics of interaction-types by themselves, but only as constitutive parts of a complete set of equations, whereas symmetry principles and conservation laws do not represent any specific dynamics, but only impose general constraints on possible interactions. (shrink)

's argumentation in favour of essential invariability of the fundamental laws of nature is critically examined. It is contended that within the realist framework Poincareé's arguments lose their apodictical force. In this sense the assumption of inconstancy of even the fundamental laws of nature is methodologically legitimate.

I argue that the best explanation of law-like regularity is that properties are universals and that universals are irreducibly dispositional entities.

A clearer case of a horrible event in nature, a natural evil, has never been presented to me. It seemed to me self evident that the natural law that animals must savagely kill and devour each other in order to survive was an evil natural law and that the obtaining of this law was sufficient evidence that God did not exist. If I held a certain epistemological theory about "basic beliefs", I might conclude from this experience that (...) my intuition that there is no God co existing with th is horror was a "basic belief" and thus that I am epistemically entitled to be an atheist without needing to justify this intuition, But I do not hold such an epistemological theory and believe that intuitive atheological beliefs, such as the one I experienced (and the corresponding intuitive theological beliefs, such as that God is providentially watching over this gruesome event) require justification if they are to be epistemically warranted. The following sections of this article present a justification for the atheological intuition I experienced that dark night. My justification will consist mostly in providing reasons to believe premise (3) in the following probabilistic argument.. (shrink)

The relationship between conceptions of law and conceptions of nature is a complex one, and proceeds on what appear to be two distinct fronts. On the one hand, we frequently talk of nature as being lawlike or as obeying laws. On the other hand there are schools of philosophy that seek to justify ethics generally, or legal theory specifically, in conceptions of nature. Questions about the historical origins and development of claims that nature is lawlike are generally treated as (...) entirely distinct from the development of ethical natural law theories. By looking at the many intersections of law and nature in antiquity, this paper shows that such a sharp distinction is overly simplistic, and often relies crucially on the imposition of an artificial and anachronistic suppression of the role of gods or divinity in the worlds of ancient natural philosophy. Furthermore, by tightening up the terms of the debate, we see that the common claim that a conception of ‘laws of nature’ only emerges in the Scientific Revolution is built on a superficial reading of the ancient evidence.Keywords: Ancient science; Philosophy of science; Philosophy of law; Ancient theology; Scientific Revolution. (shrink)

It is shown that the paradoxes of confirmation are closely linked to the paradoxes of material implication and that they can be avoided by formulating natural laws in terms of a genuine if-Connective rather than the material conditional. However, Natural laws so expressed are not confirmed by simple conjunctions. The question then is whether the common assumption that simple conjunctions do confirm universal generalizations is correct. The answer given is that it is not. In particular, A (...) confirming proposition of the form 'this is a black raven' is not equivalent to 'this is a raven and this is black'. (shrink)

In this article I intend to show that the inference problem, one of the main objections raised against the anti-Humean theory of natural laws defended by Dretske, Tooley and Armstrong (?DTA theory? for short), can be successfully answered. First, I argue that a proper solution should meet two essential requirements that the proposals made by the DTA theorists do not satisfy. Then I state a solution to the inference problem that assumes a local immanentistic view of universals, a (...) partial definition of the nomic necessitation relation as a relation of existential dependence, and a principle constraining multiple occupancy. I also argue that my solution meets the two requirements. Finally, I deal with non-standard laws such as exclusion laws, causal laws and laws involving spatiotemporal parameters. (shrink)

This work contains, perhaps, a larger amount of vigorous orthodoxy than can elsewhere be found in so small a compass. It is a plea for a laissez-faire policy, and is full of wisdom of a kind that is needed, in view of the drift of opinions toward “stateism.” Its effect on public policy will be like that of an anchor planted on a shoal on one side of a channel in order to warp a vessel off from an opposite shoal. (...) Yet in one way it brings economics and politics into close connection; it discusses government as an economic function, a process of creating and selling the product security. Though opposing governmental interference in industry, it emphasizes the action of economic law upon government. (shrink)

An important task for metaphysicians and philosophers of science is to account for laws of nature – in particular, how they distinguish themselves from ‘mere’ regularities, and the modal force they are endowed with, ‘natural necessity’. Dispositional essentialism about laws is roughly the view that laws distinguish themselves by being grounded in the essences of natural entities. This paper does not primarily concern how essentialism compares to its main rivals – Humeanism and Armstrongeanism. Rather, it (...) distinguishes and comparatively assesses various brands of essentialism – which mainly differ as to where exactly they take laws to find their essentialist sources, and what they take to be the targets of laws, namely what they apply to. Yet, this internal comparison is not unrelated to the more general debate about laws: the main criteria with which I compare these essentialist views concern how they can deal with some of the main objections faced by essentialism in general, and how they can keep what is arguably the main intuitive advantage of essentialism over its rivals. Thus, the paper also concerns the relative position of essentialism in the larger debate about laws – ultimately bringing support to it. (shrink)

The standard view of philosophers is that the existence of particular events within our universe is capable of being explained in terms of initial conditions and natural laws, but that the existence of our universe itself is a 'brute given' that is incapable of naturalistic explanation. A supernatural explanation of the existence of our universe may be alleged to be possible ('God created our universe so that humans may exist and the existence of humans is an intrinsic good'), (...) but an explanation that appeals only to factors, situations or regularities in nature is deemed to be in principle impossible. It is also a standard view of philosophers that the less fundamental natural laws of our universe are capable of being explained in terms of more fundamental laws of our universe, but that the most basic natural laws of our universe are incapable of being explained naturalistically. Perhaps they can be explained supernaturally, by asserting that God ordained them so that humans may eventually evolve, but no other explanation is supposed possible. (shrink)

In this paper, I reconstruct the development and the complex character of Zilsel’s conception of scientific laws. This concept functions as a fil rouge for understanding Zilsel’s philosophy throughout different times (here, the focus is on his Viennese writings and how they pave the way to the more renown American ones) and across his many fields of work (from physics to politics). A good decade before Heisenberg’s uncertainty principle was going to mark the outbreak of indeterminism in quantum physics, (...) Edgar Zilsel started to develop a complex logical-philosophical theory in which statistical and causal laws were given an indeterministic foundation (Zilsel 1916). However, in developing his thoughts on the emergence of regularities from disorder, Zilsel arrives at a profound ambiguity with respect to the ontological or the epistemic nature of laws and order in the world: Whether this order is to be conceived of as an empirical finding or as the product of reason – this would have to remain unclear. This tension between rationalism and empiricism, as well as a tension between a realist and an anti-realist conception of lawfulness, can be identified in both Zilsel’s Viennese and American writings: a tension which touches the core of the “application problem” that would keep haunting Zilsel until his premature death. (shrink)

Now available Open Access! See the Bloomsburycollections URL below. -/- Correct bibliographical information is as follows: Gottfried Achenwall, _Natural Law: A Translation of the Textbook for Kant's Lectures on Legal and Political Philosophy_, edited by Pauline Kleingeld, translated by Corinna Vermeulen, with an Introduction by Paul Guyer. London: Bloomsbury, 2020. -/- As the first translation into any modern language of Achenwall’s Ius naturae, from the 1763 edition used by Immanuel Kant, this is an essential work for anyone interested in Kant, (...) the natural law tradition or the history of legal and political theory. For over twenty years, Kant used this book as the basis for his lectures on natural law. It influenced his legal and political philosophy as well as his ethics, and it is indispensable for understanding Kant’s Feyerabend Lectures on Natural Law and his Metaphysics of Morals. -/- Articulating his theory of natural law with clear definitions and precise distinctions, Achenwall offers a lucid account that includes instructive comparisons with the work of Grotius, Hobbes, Pufendorf, Wolff and others. The volume also contains an Introduction by the eminent Kant scholar Paul Guyer, comparing Achenwall’s theory to the legal and political philosophy of Kant’s Doctrine of Right, and a concordance correlating Achenwall’s Natural Law to Kant’s Feyerabend Lectures on Natural Law. (shrink)

This article argues that actual entities come first; the statistical laws of nature are their effects, not their causes. Statistical laws are mentally abstracted from their habits and are only formal, not efficient, causes. They do not make anything happen or prevent anything from happening. They evolve or change as the habits of novel creatures evolve or change. They do not control or inform us about what any individual entity is doing, only about what masses of individuals on (...) average are doing. Thus, there is no way that traditional divine miracles could “violate” them. God has sufficient efficient-causal power to create our world ex nihilo, as in the Big Bang, and to prevent evils, which God does not do from love, justice, and moral goodness. Seven elements of a viable theodicy are outlined, the most important of which is divine justice. It would be unjust for God to prevent harms in some cases but not in all. In a universe in which God prevents all evils and thus directly controls everything, no creatures would take any responsibility for what they do. A loving and just God voluntarily and consistently limits the exercise of divine power so we can be free, responsible, and creative. (shrink)

Objectivization forces the requirement of a high likelihood that an informant will be right if she is to be classified as a good one, but this does not, argues Craig, equal 1, for that figure has little basis in practical life. Nevertheless, the example of a lottery, and, in particular, the claim that one will not win, brings closer to our real experience the idea that one may not always be advised to act on information that has a chance of (...) less than 1 of being true. A similar push towards this stringent idea is sometimes exerted by the wish to draw inferences from multiple premises and to be able to rely on the result. However, though real situations can require a very high likelihood, they do not force us to set it at 1; that final push comes from reflection lying outside the framework of everyday practice. (shrink)

Essential for the concept of the law of nature is not only spatio-temporal universality, but also functionality in the sense of the dependency on physical conditions of natural entities. In the following it is explained in detail that just the neglect of this functional property is to be understood as the real reason for the occurrence of the Goodman paradox – with the consequence, that the behavior of things seems to be completely at the mercy of change of unique (...) unrepeatable temporal points. It is exactly this (mis-)understanding that also generated the induction problem. From the intrinsic connection between universality and functionality, however, – that is my claim – the ontological consequence of a nature results, for which lawfulness is coupled to essentially functionally defined time sequences, thereby implying a potentiality dimension of nature, too. (shrink)

Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

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

For centuries, natural law was the main philosophical legal paradigm. Now, it is a wonder when a court of law invokes it. Arthur Kaufmann already underlined a modern general "horror iuris naturalis". We also know, with Winfried Hassemer, that the succession of legal paradigms is a matter of fashion. But why did natural law become outdated? Are there any remnants of it still alive today? This book analyses a number of prejudices and myths that have created a general (...) misconception of natural law. As Jean-Marc Trigeaud put it: there is a natural law that positivists invented. Not the real one(s). It seeks to understand not only the usual adversaries of natural law (like legalists, positivists and historicists) but also its further enemies, the inner enemies of natural law, such as internal aporias, political and ideological manipulations, etc. The book puts forward a reasoned and balanced examination of this treasure of western political and juridical though. And, if we look at it another way, natural law is by no means a loser in our times: because it lives in modern human rights. (shrink)

The emphasis on models hasn’t completely eliminated laws from scientific discourse and philosophical discussion. Instead, I want to argue that much of physics lies beyond the strict domain of laws. I shall argue that in important cases the physics, or physical understanding, does not lie either in laws or in their properties, such as universality, consistency and symmetry. I shall argue that the domain of application commonly attributed to laws is too narrow. That is, laws (...) can still play an important, though peculiar, role outside their strict domain of validity. I shall argue also that, by way of a trade-off, while the actual domain of application of laws should be seen as much broader. At the same time, what I call ‘anomic’ representational elements reveal themselves as central to the descriptive and explanatory power of theories and model: boundary conditions, state descriptions, structures, constraints, limits and mechanisms. I conclude with a brief consideration of how my discussion has consequences for discussion of understanding, unification, approximation and dispositional properties. I focus on examples from physics, macroscopic and microscopic, phenomenological and fundametal: shock waves, propagation of cracks, symmetry breaking, and others. This law-eccentric kind of knowledge is central to both modeling the world and intervening in it. (shrink)

Rather than a history of seventeenth-century natural law, then, this chapter offers an outline of several different contextual uses of the language of natural law, as it was used in formulating the intellectual architecture for rival constructions of political and religious authority.

First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

This major contribution to the history of philosophy provides the most comprehensive guide to modern natural law theory available, sets out the full background to liberal ideas of rights and contractarianism, and offers an extensive study of the Scottish Enlightenment. The time span covered is considerable: from the natural law theories of Grotius and Suarez in the early seventeenth century to the American Revolution and the beginnings of utilitarianism. After a detailed survey of modern natural law theory, (...) the book focuses on the Scottish Enlightenment and its European and American connections. Knud Haakonssen explains the relationship between natural law and civic humanist republicanism, and he shows the relevance of these ideas for the understanding of David Hume and Adam Smith. The result is a completely revised background to modern ideas of liberalism and communitarianism. (shrink)

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

Natural law contains much social thought that predates sociology and related disciplines, and can be seen as part of the prehistory of the human sciences. Key concerns of natural law thinkers include the achievement of social life and society, and the individual’s place therein. However, there is an enduring tendency within sociology to dismiss the ahistoricism and universalism of natural law, and therefore to reject natural law thought in its entirety. This article proposes an approach that (...) rescues the sociological relevance of natural law. It draws on the respective methods of Chris Thornhill and Gary Wickham, who each seek to recover the importance of natural law for sociology. Thornhill treats natural law as a valid sociological object by focusing on its functions within society rather than engaging with its ahistorical concepts. His focus on the external functions of natural law, however, leads to a neglect of the internal conceptualisations of the social world in natural law thought. This in turn leads to a misinterpretation of Hobbes and voluntarist natural law. Wickham, on the other hand, explores in detail Hobbesian conceptions of society and the individual that Wickham argues can be utilised within contemporary sociology. This article revises Thornhill’s methodological framework in order to secure a space for the recovery of natural law as social thought. This approach allows for the recognition of natural law as an important piece of the epistemological background against which contemporary understandings of the human and society emerged. (shrink)

Natural Law and Modern Society presents a new theory of natural law, grounded in the thought of Saint Thomas Aquinas, aimed at answering questions relevant to the ethics and morality of the theory of law, obligation and political authority; from the domestic realm to international community.

The paper considers recent proposals by Armstrong, Dretske, and Tooley that revive the view that statements of laws of nature are grounded by the existence of higher order facts relating universals. Several objections to such a view are raised and an alternative analysis, recognizing general facts, is considered. Such an alternative is shown to meet a number of the objections raised against the appeal to higher order facts and it is also related to views of Hume and Wittgenstein. Further (...) objections are then raised to all the non-Humean "realist" attempts to provide special facts to ground the laws of nature. (shrink)

Este texto procura apontar na ontologia das leis naturais de George Berkeley elementos teóricos afeitos à Semiótica e ao Pragmatismo clássico de Charles S. Peirce, tendo por base a possível identidade de propósitos entre os idealismos subjetivo berkeleyano e o de teor objetivo peirciano, ambos comungando a refutação de um dualismo mente-matéria de extração cartesiana. Por outro lado, reflete-se, também, sobre o papel da experiência nestes autores, em que a percepção em Berkeley, fundamental para sua epistemologia encontraria sua condição homóloga (...) em Peirce, a saber, a necessária cognoscibilidade de todo objeto fenomênico. (shrink)