This paper is an extended discussion of Robert Ulanowicz’s critique of mechanistic and reductionistic metaphysics of science. He proposes “process ecology” as an alternative. In this paper I discuss four sets of question coming out of Ulanowicz’s proposal. First, I argue that universality remains one of the hallmarks of the scientific enterprise even with his new process metaphysics. I then discuss the Second Law of Thermodynamics in the interpretation of the history of the universe. I question Ulanowicz’s use (...) of the terms “random” and “chance” in his definition of process. Finally, I discuss what difference a relational and process metaphysics might make in addressing the political and practical problems in the twenty-first century. (shrink)

What is the classic in history? What is a classic in historical writing? Very few historians and critics have addressed these questions, and when they have done so, it has been only in a cursory manner. These are queries that require some explanation regarding historical texts because of their peculiar ambivalence between science and art, content and form, sources and imagination, scientific and narrative language. Based on some examples of the Western historiographical tradition, I discuss in this article (...) to what extent historians should engage the concept of the classic – as has been done for literary texts. If one assumes that the historical text is not only a referential account but also a narrative analogous to literary texts, then the concept of the classic becomes one of the keys for understanding the historical text – and may improve our understanding not only of historiography, but of history itself. I will argue in this article that it is possible to identify a category of the classic text in some historical writings, precisely because of the literarity they possess without losing their specific historical condition. Because of their narrative condition, historical texts share some of the features assigned to literary texts – that is, endurance, timelessness, universal meaningfulness, resistance to historical criticism, susceptibility to multiple interpretations, and ability to function as models. Yet, since historical texts do not construct imaginary worlds but reflect external realities, they also have to achieve some specific features according to this referential content – that is, surplus of meaning, historical use of metaphors, effect of contemporaneity without damaging the pastness of the past, and a certain appropriation of literariness. Without seeking to be normative or systematic, this article focuses on some specific features of the historical classic, offering a series of reflections to open rather than try to close a debate on this complex topic. (shrink)

Giambattista Vico is best remembered for his major work, the New Science, in which he sets forth the principles of humanity and gives an account of the stages common to the development of all societies in their historical life. Controversial at the time of its publication in 1725, the New Science has come to be seen as the most ambitious attempt before Comte at a comprehensive science of human society and the most profound analysis of the philosophy (...) of history prior to Hegel. Despite the fundamental importance of the New Science, there has been no philosophical commentary of the text in any language, until now. Written by the noted Vico scholar Donald Phillip Verene, this commentary can be read as an introduction to Vico’s thought or it can be employed as a guide to the comprehension of specific sections of the New Science. Following the structure of the text scrupulously, Verene offers a clear and direct discussion of the contents of each division of the New Science with close attention to the sources of Vico’s thought in Greek philosophy and in Roman jurisprudence. He also highlights the grounding of the New Science in Vico’s other works and the opposition of Vico’s views to those of the seventeenth-century natural-law theorists. The addition of an extensive glossary of Vico’s Italian terminology makes this an ideal companion to Vico’s masterpiece, ideal for both beginners and specialists. (shrink)

The question examined in this study is not merely how a Nietzschean critique of law would look had Nietzsche ever applied his genealogical method to the question of law, but also what positive function Nietzschean philosophy may ascribe to law, and how law must then be transformed. The methodological parable imagines a “post-genealogy” or “pot-ressentiment” phase of the human condition, akin to the Marxist “post-revolutionary” phase: how would law look for the person of power - overman or otherwise - who (...) needs to live among others? How is normativity possible - what are its forms and functions - in a social world that has undergone a reevaluation of all values? The study traces three possible models for conceptualizing law in Nietzschean terms, each requiring a radical shift from traditional (in different contexts: liberal, Christian, bourgeois) conceptions. The first one is play: law as affirming and embracing the essence of the Dionysian, which is perpetual becoming. Play requires us to let go of law's role as the curtailer of arbitrariness. An integral part of the Nietzschean program, it requires a radical reevaluation: not just law's content is overcome, nor merely its bourgeois forms (in Pashukanis' critical terms), but its “internal” or “inherent” values of certitude and stability are overcome as well. The model I offer for play is not Zarathustra's dicethrow but Borges' The Lottery in Babylon. The second model is that of resistance, framed by Nietzsche's analysis of power and Deleuze's distinction between active and reactive forces. The insight here is that power requires resistance, and it is law's primary function to empower the other in order to invest value in meeting and confronting her; thus the monism of the will to power not only does not do away with normativity in the public sphere but actually requires it - but for goals opposite to those of liberalism. Resistance is linked to the third model, fashioned after Nietzsche's model of education: here, law performs not as a socializing agent but rather as a “liberator” of authenticity. Its function is analogous to that of a mentor whose role is to ultimately encourage the pupil into coming into her own will, shedding ressentiment and bad conscience in an active, i.e. non-conscious way; in its relation to consciousness it is the opposite of psychoanalysis. A fourth consideration is then offered, the role of normativity in self-overcoming, or self-legislating; namely, how does normativity figure in the will to power's most significant challenge. While all these models work from an interpretation of the will to power as becoming, the last two are especially dependent on the active-reactive distinction. The cornerstone is not to mix up power with representations of power; to realize that the case is not the will that desires power (as an object of desire, this would necessarily involve a representation of power) but power that wills becoming. In dealing with this metaphysical question I expound on a similar crucial interpretation, originally offered by Deleuze; however, I break off from Deleuze's claim that the will to power has nothing to do with any notion of struggle. If this discussion of the will to power is missed , or if it is wrong, the main argument of this article can not hold. Finally, I use this interpretation of the will to power to solve Kafka's riddle in The Trial: a necessary move once one realizes that, in the ethical history of western culture, Kafka's parable of the seeker of the law before its closed gates continues a sequence that began with Plato's fable of the cave and continued with Zarathustra's cave parable. I add three points that may be termed methodological or contextual. The first is positioning Nietzsche's limited discussion of law and politics as a derivative of his metaphysics of the will and treatment of moral psychology, not as an independent topic to be searched and indexed in some textual corpus. The second is to understand the question of normativity in its particularly Nietzschean sense, i.e. “what is X to me/to the overman?”, and not in the Kantian sense of uncovering the conditions that entail any synthetic, a-priori sentence (such as normative ones). The last comment places the Nietzschean project in a larger pattern that defined radical thought in the late nineteenth and early twentieth centuries, and whose other cases are Marx and Freud: a new metaphysics (will to power/materialism/id) that uncovers a state of bondage, psychological and material, in which law plays a pivotal role in its function of reinforcer and supplier of a legitimizing language (respectively, of ressentiment, of the relations of production, of Oedipus and the bourgeois family); and finally radical, yet partial ways of overcoming bondage that are not mutually translatable - genealogy, revolution, psychoanalysis. (shrink)

Ethics committees are one of the main agents in the governance of science and technology, especially in the field of health care. This paper analyses some aspects of their nature, which show the internal relationship between the moral and the scientific-technological domains. Being both knowledge providers and users thereof, ethics committees deliberate and decide on complex contemporary ethical issues. To pursue their aims, they require adequate technical tools in order to deliberate and choose using new technologies of communication and (...) information. These tools carry new problems with themselves, so committees must acquire a mixed nature, dynamic, interdisciplinary and inclusive. Ethics committees do not only constitute a control device, rather they are an interactive means for the creation of value in society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:102 HISTORY OF PHILOSOPHY and removal of the social self, through the devaluation of values and de-culturation, to the objectivizatlonof the ego, the state of oneness and unity with all. The remaining sections of the book give an analysis of Rumi, the universal man of the Eas~, and an analysis of Goethe, the universal man of the West. The Rumi chapter contains impressive translations of RumPs poems and (...) the Goethe study offers a very pertinent critique of K. R. Eissler's psychoanalytic interpretation of the great man. Added is a case history of a young man who lived in two cultures, and after many errors and meanderings obtained full integration. The final section offers an application of the transcultural state to health, social change and leadership. A most rewarding and challenging work, marred only by an incredible number of typographical errors and a sometimes uneven English due to misunderstandings of the Dutch printers. Hg~RY WALTESBRANN Washington, D. C. Natural Law and Modern Society. Essays by John Cogley, Robert M. Hutchins, John Courtney Murray, SJ., Scott Buchanan, Philip Selznick, Harvey Wheeler, and Robert Gordis. (Cleveland and New York: The World Publishing Company, 1966. Pp. 285. Meridian Books. $1.75.) This group of essays has been discussed from time to time at the Center for the Study of Democratic Institutions in Santa Barbara, California. The essays provide an excellent survey of the various contexts in which the idea of natural law is functioning today: in jurisprudence, political theory, sciences, religions, and philosophies of culture. Though the emphasis is on "modem society," there is a large amount of history in this collection, going back to the ancients, and one of the most valuable features of the analysis is the evidence here offered that "natural law" has meant and still means many different things, and that this flexibility of meaning gives the idea an enduring vitality and relevance. This is the particular theme of Scott Buchanan's "Natural Law and Teleology", which chapter reviews almost the whole history of philosophy to show how the content of natural law has varied for teleological reasons. Since it is impossible to review this whole story, it seems simplest and least distorting to quote a series of passages from the essays so that the reader can estimate the range of subject-matter and the kind of observations in the volume : The natural lawyer who lacks a sense of history, a factual sense, is as seriously deficient as the one who has been victimmed by the historical setting of his own time. Social scientists are concerned with digging up and evaluating exactly the kind of factual material the conscientious natural lawyer needs (Cogley, pp. 24, 26). We are free, with the deference that is due previous laborers in the vineyard, to work out the ~pplication of the principles of natural law to the conditions of our own time. The ends of uman life are heldto be unchanging; the search for the best way of achieving them is continuous and adapted to changing conditions and new knowledge. The search for a revival of natural law--not necessarily, or even principally pitched in Thomistic terms but projected more generally on a ~us gent~um, pluralistic basis--may well be the dominant theme of American legal philosophy over the second half of the century (Hutchins, pp. 34, 37, 46). Plato saw an epitome of the legal and political crisis of the city-state in the trial and death of Socrates.... The sophists are operators in opinion and power.... Plato sets out to find the truth in science and the good of the state.... There is no doctrinal answer to the quest.... The Dialogues practice what they preach, a relentless dialectical exposure of ideas masquerading in dogmas and opinions.... The endless mutual persuasions in any community could result in good laws if the formal processes of government provided insights for the citizens and magistrates alike.... Neither Plato nor Aristotle commonly uses the phrase 'natural law'.... For the Stoics what Plato had described as the "community of ideas," which was only the notion of the interpenetration of BOOK REVIEWS 103 mutual implication of ideas, became the Logos, the perhaps infinite total of... (shrink)

The use of general and universal laws in historiography has been the subject of debate ever since the end of the nineteenth century. Since the 1970s there has been a growing consensus that general laws such as those in the natural sciences are not applicable in the scientific writing of history. We will argue against this consensus view, not by claiming that the underlying conception of what historiography is—or should be—is wrong, but by contending that it is (...) based on a misconception of what general laws such as those of the natural sciences are. We will show that a revised notion of law, one inspired by the work of Sandra D. Mitchell, in tandem with Jim Woodward’s notion of “invariance,” is indeed applicable to historiography, much in the same way as it is to most other scientific disciplines. Having developed a more adequate account of general laws, we then show, by means of three examples, that what are called “pragmatic laws” and “invariance” do in fact play a role in history in several interesting ways. These examples—from cultural history, economic history, and the history of religion—have been selected on the basis of their diversity in order to illustrate the widespread use of pragmatic laws in history. (shrink)

What might it be to write a post-colonial social science? And how might the intellectual legacy of Chinese classical philosophy—for instance Sun Tzu and Lao Tzu—contribute to such a project? Reversing the more usual social science practice in which EuroAmerican concepts are applied in other global locations, this paper instead considers how a “Chinese” term, _shi_ might be used to explore the UK’s 2001 foot-and-mouth epidemic. Drawing on anthropological insights into mis/translation between different worlds and their alternative ways (...) of knowing and being, the paper explores that epidemic in three differently inspired _shi_-inflected “empirical” accounts. The first uses Sun Tzu’s strategic understanding of _shi_ to tell a conventionally representational story. The second resists the causes and background factors implied in standard social science by offering a “light” and _shi_-inflected form of knowing. And the third combines the referentiality of social science with a Lao Tzu-informed commitment to the paradoxes of normative epigram. This third narrative thus illustrates the possible features of a situated and _shi_-inflected social science that recognizes that it participates in the contexted and immanent flows and counterflows of things in the world. The paper concludes by noting that such a _shi_-inflected social science is experimental, and suggests that it is important to explore a range of ways of reversing the flow of concepts between EuroAmerica and other global locations. (shrink)

The article begins by examining two arguments used by Derrida in work published in 1967. The first claims against Lévi-Strauss that an empirical pattern of events cannot be injected into or superimposed onto an historical pattern claiming universality, for then there can be no disconfirmation of what is said. (This argument is used against Marxian history by some who write in the wake of Existentialism, Paul Roubiczek for instance.) The second claims against Foucault that he does not distinguish between (...) reason as part of thinking and language and reason as an empirical historical structure capable of modification along time. The article then discusses the use of very similar if not identical arguments in Derrida’s much more recent work on laws, Force of law. The intelligibility, the interpretability, of laws and their history comes after the laws, not before, and is thus not fully universalisable. (shrink)

This chapter provides a survey of Kierkegaard's views of systematic theology, doctrine, and dogmatics. It demonstrates that while Kierkegaard's view of theology is generally negative, for he regards it as a human enterprise created in order to avoid doing God's Word, his attitude to doctrine and dogmatics is nuanced and complex. Kierkegaard rejects doctrine insofar as it objectifies Christianity, but nevertheless generally accepts the classic doctrines of the Christian faith and sees no reason to reform them. This ambivalence toward doctrine (...) stems from his conviction that the task facing the believer is not to reflect on doctrine, but to appropriate and apply it existentially to his/her own individual existence. Similarly, although Kierkegaard rejects the efforts of contemporary dogmaticians, dogmatics itself is valid insofar as it reproduces the paradoxical character of Christianity and the decision between faith and offense with which Christian dogmas confront every human being. (shrink)

Abstract: Laws of computer science are prescriptive in nature but can have descriptive analogs in the physical sciences. Here, we describe a law of conservation of information in network programming, and various laws of computational motion (invariants) for programming in general, along with their pedagogical utility. Invariants specify constraints on objects in abstract computational worlds, so we describe language and data abstraction employed by software developers and compare them to Floridi's concept of levels of abstraction. We also (...) consider Floridi's structural account of reality and its fit for describing abstract computational worlds. Being abstract, such worlds are products of programmers' creative imaginations, so any "laws" in these worlds are easily broken. The worlds of computational objects need laws in the form of self-prescribed invariants, but the suspension of these laws might be creative acts. Bending the rules of abstract reality facilitates algorithm design, as we demonstrate through the example of search trees. (shrink)

Cette bande dessine prsente par le Haut Commissariat des Nations Unies aux droits de l'homme (HCDH) le Programme commun des Nations Unies sur le VIH/SIDA (ONUSIDA) et l'Organisation mondiale de la Sant (OMS) a t conue pour donner aux jeunes les moyens de dfendre les droits de l'homme en relation avec le VIH/SIDA pour sensibiliser aux liens cruciaux existant entre le VIH/SIDA et les droits de l'homme pour faire mieux connatre la maladie et pour lutter contre les ides fausses et (...) les tabous qui s'y associent. (shrink)

Searching for Contract (Law) in Europe While investigating ways to Justifying Contract in Europe, Martijn Hesselink leaves it to the interrogated theories to define the scope of its very inquiry – the reach and significance of contract itself. This leaves the question of what Hesselink sets out to justify quite open for the reader, who at the same time gets the distinctive idea that this delimitation has normative significance in the author’s own views. To the extent that we do, as (...) a matter of justice, need to have contract law rules – then, these rules need to be just. The comment, thus, seeks to re-articulate Hesselink’s non-definition of (European) contract law, to try to delimit where we need such rules and test the boundaries of what rules we may in fact accept or even need as a matter of justice – what kind of rules we can, in Hesselink’s framework, ultimately set out to justify. (shrink)

There is tension between the adversarialism of the U.S. legal culture and the investigative procedures of the sciences, and between the law's concern for finality and the open‐ended fallibilism of science. A long history of attempts to domesticate scientific testimony by legal rules of admissibility has left federal judges with broad screening responsibilities; recent adaptations of adversarialism in the form of court‐appointed experts have been criticized as “inquisitorial,” even “undemocratic.” In exploring their benefits and disadvantages, it would make (...) sense to look to the experience of other legal systems. (shrink)

Philosophy, Science, and History: A Guide and Reader is a compact overview of HOPOS that aims to introduce students to the groundwork of the field. Part I of the Reader begins with classic texts in the history of logical empiricism, including Reichenbach's discovery-justification distinction. With careful reference to Kuhn's analysis of scientific revolutions, the section provides key texts analyzing the relationship of HOPOS to the history of science, including texts by Santayana, Rudwick, and Shapin and (...) Schaffer. Part II provides texts illuminating central debates in the history of science and its philosophy. These include the history of natural philosophy (Descartes, Newton, Leibniz, Kant, Hume, and du Châtelet in a new translation); induction and the logic of discovery (including the Mill-Whewell debate, Duhem, and Hanson); and catastrophism versus uniformitarianism in natural history (Playfair on Hutton and Lyell; de Buffon, Cuvier, and Darwin). The editor's introductions to each section provide a broader perspective informed by contemporary research in each area, including related topics. (shrink)

_Oedipus Lex_ offers an original and evocative reading of legal history and institutional practice in the light of psychoanalysis and aesthetics. It explores the unconscious of law through a wealth of historical and contemporary examples. Peter Goodrich provides an anatomy of law's melancholy and boredom, of addiction to law, of legal repressions, and the aesthetics of jurisprudence. He retraces the genealogy of law and invokes the failures and exclusions—the poets, women, and outsiders—that legal science has left in its (...) wake. Goodrich analyzes the role and power of the image of law and details the history of law's plural jurisdictions and traditions of resistance to law. He explores mechanisms of repression and representation as constituents of modern subjectivity, using long-abandoned medieval texts and early appearances of feminism as resources for the understanding and renewal of legal scholarship. Not simply deconstruction but also reconstruction, this work is keenly attuned to the discontinuties, silences, and gaps in the cultural tradition called law. (shrink)

This book diagnoses an urgent need for change and renewal in a period of crisis for philosophy, science and society. The Florentine Renaissance, some six hundred years ago, took a huge leap forward into realism, rationality and self-awareness. It was born out of the waning authority of medieval institutions and beliefs.We stand now at a similar junction in history. It is apparent to many that reductionist science with its materialist values -- the worldview that has driven modern (...) culture for the last two centuries -- is losing credibility. Its objectives of growth and acquisition, and its guiding principles asserting that there is no intrinsic meaning to life or purpose in the cosmos, are now widely seen as creating an unsustainable world. The essays gathered in A New Renaissance are a cultural response to the failings of the materialist worldview. Contributions in the first part diagnose the sources of the crisis in today's world. The second section searches for a new understanding of consciousness and mind, based on findings in recent non-materialist philosophy. The third section looks to a renewal of spirituality beyond religion, aiming to recapture the personal depth and connection to the cosmos that materialism denies or ignores. The fourth section examines possible reforms in politics, economics and education to help bring forth a society that can sustain the flourishing of human beings in the globally interconnected world of the twenty-first century. (shrink)

hugo grotius was lavishly praised by his successors in the protestant natural law tradition for having been the first to make “any great Progress in the Knowledge of the true fundamental Principles of the Law of Nature, and the right Method of explaining that Science.”1 Wildly influential in his own time, historians of philosophy have found it difficult to determine what, if anything, is innovative in Grotius’s moral theory.2 Scholarly assessments of Grotius’s place in the history of ethics (...) have been hampered by pervasive disagreement about what his views on natural law actually are.This article provides new ammunition to those who hold that Grotius was an innovative and systematic moral thinker in his... (shrink)

Nursing scholars continuously refine nursing knowledge and the philosophical foundations of nursing practice. They advance nursing knowledge by creating new knowledge and weighing the relevance of developments in cognate sciences. Nurse philosophers go further by providing epistemological and ontological arguments for explanations of nursing phenomena. In this article, I engage with Bender's arguments about why mechanisms should have more primacy as carriers of nursing knowledge. Despite the careful scholarship involved, Bender's arguments need to be more convincing. Accordingly, this article encourages (...) debate about Bender's arguments for reorientating nursing science to mechanisms. I begin by suggesting that the claim that the theory‐practice divide can be overcome by reorientating to mechanisms is acceptable only if we accept Bender's depiction of the challenge. Then I question the ontology Bender relies on to justify reorientating nursing science. After that, I argue that mechanisms in models that parallel analytical sociology undermine the kind of nursing science Bender advocates. I illustrate my arguments with a social mechanism thought experiment. Then I explain why Bender's arguments cannot escape the received view of science or inform emancipatory nursing action without theory. Finally, I mention some caveats and implications for nursing science. (shrink)

According to relativists, people who speak simply of what's ‘true’ are naïve. ‘Whose truth?’ asks the relativist. ‘No claim is ever true, period. What's true is always true for someone. It's true relative to a particular person or culture. There's no such thing as the absolute truth on any issue.’ This sort of relativism is certainly popular. For example, many claim that we are wrong to condemn cultures with moral codes different from our own: their moralities are no less valid. (...) Similarly, some claim that while astrology and Feng Shui might be ‘false’ from a Western, scientific viewpoint, they are ‘true’ when viewed from alternative, New Age points of view. What's ‘true’ and what's ‘false’ ultimately depend on where one is standing. Is this sort of relativism about truth tenable? (shrink)

A serious problem for covering law explanation is raised and its consequences for the Hempelian theory of explanation are discussed. The problem concerns an intensional feature of explanations, involving the manner in which theoretical law statements are related to the events explained. The basic problem arises because explanations are not of events but of events under descriptions; moreover, in a sense, our linguistic descriptions outrun laws. One form of the problem, termed the problem of weak intensionality, is apparently solved (...) by a simple logical move, but in fact the problem arises in a new, strong form. It is found that Hempel's model for deductive explanation (to which this discussion is confined) requires modification to handle the weak intensionality problem but then is faced with the problem of strong intensionality. In consequence, it is suggested that Hempel's important concept of explanation sketch is not as widely applicable as usually claimed, especially for explanations in the behavioral and social sciences and history. Reason is found to reject the covering law thesis that every scientific explanation must contain at least one law statement. An important feature of the discussion is that some of the main reasons given for altering the deductive model and for considering other forms of explanation are internal to the covering law theory. (shrink)

This anthology opens new perspectives in the domain of history, philosophy, and science teaching research. Its four sections are: first, science, culture and education; second, the teaching and learning of science; third, curriculum development and justification; and fourth, indoctrination. The first group of essays deal with the neglected topic of science education and the Enlightenment tradition. These essays show that many core commitments of modern science education have their roots in this tradition, and consequently (...) all can benefit from a more informed awareness of its strengths and weaknesses. Other essays address research on leaning and teaching from the perspectives of social epistemology and educational psychology. Included here is the first ever English translation of Ernst Mach’s most influential 1890 paper on ‘The Psychological and Logical Moment in Natural Science Teaching’. This paper launched the influential Machian tradition in education. Other essays address concrete cases of the utilisation of history and philosophy in the development and justification of school science curricula. These are instances of the supportive relation of HPS&ST research to curriculum theorising. Finally, two essays address the topic of Indoctrination in science education; a subject long-discussed in philosophy of education, but inadequately in science education. This book is a timely reminder of why history and philosophy of science are urgently needed to support understanding of science. From major traditions such as the Enlightenment to the tensions around cultural studies of science, the book provides a comprehensive context for the scientific endeavour, drawing on curriculum and instructional examples. Sibel Erduran, University of Oxford, UK The scholarship that each of the authors in this volume offers deepens our understanding of what we teach in science and why that understanding matters. This is an important book exploring a wide set of issues and should be read by anyone with an interest in science or science education. Jonathan Osborne, Stanford University, USA This volume presents new and updated perspectives in the field, such as the Enlightenment Tradition, Cultural Studies, Indoctrination in Science Education, and Nature of Science. Highly recommended. Mansoor Niaz, Universidad de Oriente, Venezuela This volume provides an extremely valuable set of insights into educational issues related to the history and philosophy of science. Michael J Reiss, University College London, UK. (shrink)

This is a first attempt at consolidating and extending the lists of biographies of historians of science compiled by George Sarton, Aldo Mieli and François Russo. In doing so, a systematic examination has been made of the Dictionary of scientific biography, and of the relevant parts of the Isis cumulative bibliography and Kenneth May's Bibliography and research manual of the history of mathematics. Material for a supplement is being collected. Readers are invited to send additional material along with (...) their comments. (shrink)

This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science’s basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable—and may be neutralised—by paying closer attention to criminal adjudication’s normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of (...) expert witnesses. Effective partnerships between lawyers and forensic scientists are indispensable for integrating scientific evidence into criminal proceedings, and must be renegotiated between individual practitioners on an on-going basis. Fruitful interdisciplinary collaboration between scholars with a shared interest in forensic science should dispense with reductive cultural stereotypes of Science and Law. (shrink)

This paper addresses the claim that the social orders of Western civilization operate on the basis of the law’s presumed sovereignty over life. I demonstrate how the respective works of Italian philosopher Giorgio Agamben and French phenomenologist Michel Henry are joined in their concern over this issue, and in their shared belief that life can be made sovereign over the law through a communal life based upon habit. At the same time, I argue that their respective conceptions of this communal (...) life are flawed, and that they would benefit from being brought into a productive dialogue with one another. More specifically, I show that Henry’s account of a Christian communal life based upon the habitual practice of love moves at least some way toward addressing Agamben’s account of a coming community that is decidedly abstract and lacking in a substantial ethic. However, I maintain that Henry’s own account of this community is founded upon a problematic conception of potentiality that would benefit from Agamben’s study of the matter. By bringing these two figures together and drawing out the lessons that can be learnt from each of them, this work provides a more concrete and substantial account of how a coming Christian community can play a role in making life sovereign over the force of the law. (shrink)

This paper examines the impact of China’s new environmental protection law on green innovation. Using a large sample of Chinese prefecture-level cities for the 2010–2016 period and the difference-in-differences methodology, we provide strong evidence that the new environmental protection law promotes green innovation. This finding is robust to a battery of sensitivity tests. The micromechanism analysis shows that the new environmental protection law can promote green innovation by imposing stricter financial constraints on enterprises in high-pollution industries and increasing their incentives (...) for green innovation to meet green credit requirements. Further, we find that the impact of the new environmental protection law on green innovation is more prominent in prefecture-level cities with a lower level of banking competition and for prefecture-level cities with stronger intellectual property protection. Overall, these findings suggest that the new environmental protection law has played an important role in promoting green innovation in China. To improve the effect of the new environmental protection law on green innovation, the government can consider lowering banking competition and strengthening intellectual property protection. (shrink)

Duhem is commonly held to have founded his view of history of science as continuous on the ‘metaphsical assertion’ of natural classification. With the help of a strict distinction between formal and material characterization of natural classification I try to show that this imputation is problematic, if not simply incorrect. My analysis opens alternative perspectives on Duhem's talk of continuity, the ideal form of theories, and the rôle of ‘bon sens’; moreover it emphasizes some aspects of Duhem's realism (...) that play an important part in his philosophy of science. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Descartes and Method: A Search for a Method in MeditationsPatrick FriersonDaniel E. Flage and Clarence A. Bonnen. Descartes and Method: A Search for a Method in Meditations. New York: Routledge, 1999. Pp. 332. Cloth, $90.00.The book has two parts. The first (Chapters 1-3 and an appendix) outlines Descartes's method of analysis, a method for discovering laws and clarifying ideas. The second (Chapters 4-10) offers a (...) running commentary of the Meditations that can be read on its own and is valuable not only for specialists as a challenging comprehensive account but also for anyone looking for a concise and coherent secondary source.The method is taken from the Discourse and illustrated using the Optics. According to the authors, analysis in the search for laws "is a type of argument to the best explanation" (23) that involves "two different issues, discovery and confirmation" (21). In discovery, one isolates a phenomenon and posits one or more explanations (or causes) for it. In confirmation, one tests this explanation for "material truth" (whether it is recognized as true by the natural light). Then one shows how the phenomenon is "caused" by the explanation, and that it is the best explanation, and that it can be included in a systematic science.The discussion of analysis in the clarification of ideas argues against " 'the epistemic thesis,' that is, the thesis that all innate ideas are (materially) true and known to be true as soon as they are considered"(45). Most of the arguments here address the claim that innate ideas are known to betrue. These arguments are followed by an account of how analysis clarifies ideas through successive refinement, and an illustration of this method from Descartes's clarification of the idea of light in the Optics. The final chapter of the section on method defends the claim that Descartes uses "cause" to refer to formal rather than efficient causation.The authors then turn to the Meditations, offering a virtually line by line treatment of major themes, with attention to showing how the method outlined in part one structures the arguments of the Meditations. Meditations 1-3 "ascend" through discovery and preliminary confirmation, ending with a perfect, non-deceiving God as the best explanation of our idea of God. The final meditations "descend" from that best explanation to its implications. This descent confirms the explanation by showing its place in a system.The second part of the book also includes explanations of the part that conceptual clarifications play in the Meditations. Flage and Bonnen discuss the cogito argument, the account of the wax, the arguments for the existence of God, and the distinction of mind and body, all as examples of conceptual clarification through the method of analysis. In the case of God, for instance, Descartes begins with Hobbes's crude conception of God and clarifies it into the simple, clear, and distinct notion of a "most perfect being."The last chapter addresses the circle ascribed to Descartes by Arnauld: that the argument for the existence of God depends on the truth of clear and distinct ideas, which is only established on the basis of the existence of God. The authors argue that this is not a true circle, since Descartes assumes the material truth of clear and distinct ideas (which is indubitable) in his early argument and draws on their formal truth (in the mind of God) only after he proves the existence of God. They suggest their own circle, however: in his response to other concerns of Arnauld, Descartes suggests that God [End Page 436] stops a causal regress and thus commits himself to the formal truth of the idea of God, which he cannot independently justify.As one would expect in a book that offers a concise and unified interpretation of the Meditations, readers will find unnecessary asides and wish for attention to issues that are passed over. Moreover, though the authors support some views with extensive quotations, they leave others without textual support. The most unfortunate example is the identification of formal truth with actuality. The authors have several accounts of the distinction between formal and material truth and end their book with... (shrink)

Compared to evidence-based public health, evidence-based medicine is a more familiar phrase. Evidence-based medicine has become increasingly popular in the past decade, due in large part to the emergence of computerized database search technology and advanced statistical tools which allow researchers to quickly identify and summarize vast amounts of scientific information.Today, the concept of evidence-based public health is gaining momentum and has grown in popularity. However, the term “evidence-based” lacks clarification and is subject to a variety of interpretations. The (...) evidence that supports evidence-based medicine or public health may include individual experience, anecdotal information, the content of a single scientific article, or the results of a sophisticated systematic review of scientific literature. The imprecise language used to describe evidence leads to confusion over what types of evidence are most appropriate in answering different types of questions. (shrink)

Informal science learning sites create opportunities for children to learn about science outside of the classroom. This study analyzed children’s learning behaviors in ISLS using video recordings of family visits to a zoo, children’s museum, or aquarium. Furthermore, parent behaviors, features of the exhibits and the presence of an educator were also examined in relation to children’s behaviors. Participants included 63 children and 44 parents in 31 family groups. Results showed that parents’ science questions and explanations were (...) positively related to children observing the exhibit. Parents’ science explanations were also negatively related to children’s science explanations. Furthermore, children were more likely to provide science explanations when the exhibit was not interactive. Lastly there were no differences in children’s behaviors based on whether an educator was present at the exhibit. This study provides further evidence that children’s interactions with others and their environment are important for children’s learning behaviors. (shrink)

Table of Contents: Acknowledgements; Preface; 1. Integral epistemology; 2. Reality, causality and closing the circle; 3. Search for a world view that can accommodate our knowledge of microphysics; 4. Perception from an evolutionary point of view; 5. Is observation theory-laden? A problem in naturalistic epistemology; 6. Coherence and the axioms of confirmation; 7. An adamite derivation of the principles of the calculus of probability; 8. The status of the principle of maximum entropy; 9. Scientific inference; 10. Reconsiderations on inductive (...) logic; 11. Comments on two epistemological these of Thomas Kuhn; 12. Comment on Martin Eger's A Tale of Two Controversies; Index. (shrink)

Physicists regularly invoke universal laws, such as those of motion and electromagnetism, to explain events. Biological and medical scientists have no such laws. How then do they acquire a reliable body of knowledge about biological organisms and human disease? One way is by repeatedly returning to, manipulating, observing, interpreting, and reinterpreting certain subjects—such as flies, mice, worms, or microbes—or, as they are known in biology, “model systems.” Across the natural and social sciences, other disciplinary fields have developed canonical (...) examples that have played a role comparable to that of biology’s model systems, serving not only as points of reference and illustrations of general principles or values but also as sites of continued investigation and reinterpretation. The essays in this collection assess the scope and function of model objects in domains as diverse as biology, geology, and history, attending to differences between fields as well as to epistemological commonalities. Contributors examine the role of the fruit fly Drosophila and nematode worms in biology, troops of baboons in primatology, box and digital simulations of the movement of the earth’s crust in geology, and meteorological models in climatology. They analyze the intensive study of the prisoner’s dilemma in game theory, ritual in anthropology, the individual case in psychoanalytic research, and Athenian democracy in political theory. The contributors illuminate the processes through which particular organisms, cases, materials, or narratives become foundational to their fields, and they examine how these foundational exemplars—from the fruit fly to Freud’s Dora—shape the knowledge produced within their disciplines. Contributors Rachel A. Ankeny Angela N. H. Creager Amy Dahan Dalmedico John Forrester Clifford Geertz Carlo Ginzburg E. Jane Albert Hubbard Elizabeth Lunbeck Mary S. Morgan Josiah Ober Naomi Oreskes Susan Sperling Marcel Weber M. Norton Wise. (shrink)

The question of whether there are laws in ecology is important for a number of reasons. If, as some have suggested, there are no ecological laws, this would seem to distinguish ecology from other branches of science, such as physics. It could also make a difference to the methodology of ecology. If there are no laws to be discovered, ecologists would seem to be in the business of merely supplying a suite of useful models. These models (...) would need to be assessed for their empirical adequacy but not for their ability to capture fundamental truths, or the like. If, on the other hand, ecology does have laws, this prompts further questions about what these laws are and why even the best candidates for ecological laws fall short of what might be expected of laws. (shrink)

This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument. The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the (...) prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P. (shrink)