Online research in philosophy

This article will appear as part of a Symposium on "Nietzsche and Legal Theory" to be published by the Cardozo Law Review. It addresses connections between philosophical hermeneutics and Nietzschean critique, and the relevance that these connections might have for legal theory. Legal practice inevitably is hermeneutical, with lawyers and judges interpreting governing legal texts and the social situations in which they must be applied. Hans-Georg Gadamer's philosophical hermeneutics describes this practice well, but he treats the question of the possibility of a critical hermeneutics in an ambiguous and under-developed manner. Consequently, Gadamer is frequently (and unfairly) accused of conventionalism and quietism. At the other end of the spectrum, Nietzsche's perspectival hermeneutics is seemingly nothing but thoroughgoing critique, to the point of collapsing into irrationalism under certain postmodern readings. This article develops a critical hermeneutics by demonstrating that philosophical hermeneutics can accommodate Nietzschean critique. I set the stage for the paper by recounting Allan Hutchinson's Nietzschean-inspired claim that radical critique in the tradition of the critical legal studies movement provides a necessary antidote to Gadamer's hermeneutical conventionalism, and then I provide an overview of Nietzsche's hermeneutical philosophy in terms of his naturalism and perspectivism. In the heart of the article I draw connections between Nietzsche and Gadamer by comparing perspectivism and fusion of horizons, their treatment of rhetoric and aesthetics, and their investigation of the critical power of tradition. I then develop the connections between these two thinkers through a close and critical reading of Gianni Vattimo's "weak thought," and conclude the article with a consideration of Supreme Court jurisprudence on the legal status of gays and lesbians in contemporary society. Arguing that the Supreme Court opinions fail on hermeneutical grounds, I suggest that Nietzschean critique helps to supplement our understanding of legal practice and also provides helpful insights to legal theorists.

The daring idea that convention - human decision - lies at the root both of necessary truths and much of empirical science reverberates through twentieth-century philosophy, constituting a revolution comparable to Kant's Copernican revolution. This is the first comprehensive study of Conventionalism. Drawing a distinction between two conventionalist theses, the under-determination of science by empirical fact, and the linguistic account of necessity, Yemima Ben-Menahem traces the evolution of both ideas to their origins in Poincare;'s geometric conventionalism. She argues that the radical extrapolations of Poincare;'s ideas by later thinkers, including Wittgenstein, Quine, and Carnap, eventually led to the decline of conventionalism. This book provides a new perspective on twentieth-century philosophy. Many of the major themes of contemporary philosophy emerge in this book as arising from engagement with the challenge of conventionalism.

We take another look at Reichenbach’s 1920 conversion to conventionalism, with a special eye to the background of his ‘conventionality of distant simultaneity’ thesis. We argue that elements of Reichenbach earlier neo-Kantianism can still be discerned in his later work and, related to this, that his conventionalism should be seen as situated at the level of global theory choice. This is contrary to many of Reichenbach’s own statements, in which he declares that his conventionalism is a consequence of the arbitrariness of coordinative definitions.

Hans Reichenbach's so-called geometrical conventionalism is often taken as an example of a positivistic philosophy of science, based on a verificationist theory of meaning. By contrast, we shall argue that this view rests on a misinterpretation of Reichenbach's major work in this area, the Philosophy of Space and Time (1928). The conception of equivalent descriptions, which lies at the heart of Reichenbach's conventionalism, should be seen as an attempt to refute Poincaré's geometrical relativism. Based upon an examination of the reasons Reichenbach gives for the cognitive equivalence of geometrical descriptions, the paper argues that his conventionalism is a specific form of scientific realism. At the same time we shall argue against those interpretations which lead to a trivialization of Reichenbach's conventionalism or deny it entirely.

This paper examines Quine’s web of belief metaphor and its role in his various responses to conventionalism. Distinguishing between two versions of conventionalism, one based on the under-determination of theory, the other associated with a linguistic account of necessary truth, I show how Quine plays the two versions of conventionalism against each other. Some of Quine’s reservations about conventionalism are traced back to his 1934 lectures on Carnap. Although these lectures appear to endorse Carnap’s conventionalism, in exposing Carnap’s failure to provide an explanatory account of analytic truth, they in fact anticipate Quine’s later critique of conventionalism. I further argue that Quine eventually deconstructs both his own metaphor and the thesis of under-determination it serves to illustrate. This enables him to hold onto under-determination, but at the cost of depleting it of any real epistemic significance. Lastly, I explore the implications of this deconstruction for Quine’s indeterminacy of translation thesis.

A new reading of Plato's account of conventionalism about names in the Cratylus. It argues that Hermogenes' position, according to which a name is whatever anybody 'sets down' as one, does not have the counterintuitive consequences usually claimed. At the same time, Plato's treatment of conventionalism needs to be related to his treatment of formally similar positions in ethics and politics. Plato is committed to standards of objective natural correctness in all such areas, despite the problematic consequences which, as he himself shows, arise in the case of language.

A new reading of Plato's account of conventionalism about names in the Cratylus. It argues that Hermogenes' position, according to which a name is whatever anybody 'sets down' as one, does not have the counterintuitive consequences usually claimed. At the same time, Plato's treatment of conventionalism needs to be related to his treatment of formally similar positions in ethics and politics. Plato is committed to standards of objective natural correctness in all such areas, despite the problematic consequences which, as he himself shows, arise in the case of language.

The law persists because people have reasons to comply with its rules. What characterizes those reasons is their interdependence: each of us only has a reason to comply because he or she expects the others to comply for the same reasons. The rules may help us to solve coordination problems, but the interaction patterns regulated by them also include Prisoner's Dilemma games, Division problems and Assurance problems. In these "games" the rules can only persist if people can be expected to be moved by considerations of fidelity and fairness, not only of prudence.This book takes a fresh look at the perennial problems of legal philosophy - the source of obligation to obey the law, the nature of authority, the relationship between law and morality, and the nature of legal argument - from the perspective of this conventionalist understanding of social rules. It argues that, since the resilience of such rules depends on cooperative dispositions, conventionalism, properly understood, does not imply positivism.