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- John F. Halpin (1999). Nomic Necessity and Empiricism. Noûs 33 (4):630-643.character. So, we have learned from early on that laws are meant to portray a sort of necessity in nature. The comings and goings described by law are not merely contingently related. Rather, it is part of the concept of law that these events are connected in some significant way: "nomically" connected. One important desideratum for an account of law, then, is that it respect and perhaps explain this modal character.
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In this paper, I critically examine Harre and Madden's attempt, largely as it occurs in their Causal Powers, to secure for causes and laws of nature a kind of necessity which although consistent with commonsensical empiricism and anti-idealistic philosophy of science nevertheless runs counter to the humean-positivistic tradition, which denies the existence of any distinctively "natural" or causal necessity. In the course of the paper, I reveal the multifarious nature of their account and show that each part of that account, commonsensical or ontological, is inadequate. I indicate as well how the multifarious nature of the account allows and even encourages an evasive shifting about in the face of adversity, which shifting no doubt contributes to whatever illusion of adequacy is present in their treatment.
Since causal processes can be prevented and interfered with, law-governed causation is a challenge for necessitarian theories of laws of nature. To show that there is a problematic friction between necessity and interference, I focus on David Armstrong's theory; with one proviso, his lawmaker, nomological necessity, is supposed to be instantiated as the causation of the law's second relatum whenever its first relatum is instantiated. His proviso is supposed to handle interference cases, but fails to do so. In order to be able to handle interferences, any theory which utilizes a kind of necessitation as lawmaker has to downgrade what it treats as necessity to something more akin to (Newtonian) forces.
In this paper I examine two aspects of Hempel’s covering-law models of explanation. These are (i) nomic subsumption and (ii) explication by models. Nomic subsumption is the idea that to explain a fact is to show how it falls under some appropriate law. This conception of explanation Hempel explicates using a pair of models, where, in this context, a model is a template or pattern such that if something fits it, then that thing is an explanation. A range of well-known counter-examples to Hempel’s models has led his successors to seek alternatives. Problems with limited amendments have encouraged some theorists of explanation to abandon nomic subsumption. So, in particular, causal components have come to be regarded as essential, even though Hempel had intended his model to capture causal explanation as well.1 Here I want to examine the prospects for retaining nomic subsumption by rejecting the other feature of Hempel’s approach – explication by models. An examination of the counter-examples will suggest that it is a mistake to imagine that a limited quantity of information about laws and antecedent conditions will be able to provide an actual explanation – other information, about explanations, may be relevant. This in turn leads me to examine what I shall call structural approaches. They are structural because the status of something as an explanation depends on its fitting into a structure of explanations. There are two structural approaches I shall examine. One is holistic – it proposes that we consider explanation hand-in-hand with the concept of law. This account of explanation inherits its holistic nature from the holistic (or sys- tematic) character of laws of nature. The second supervenience view I shall consider is not global as the holistic approach is. Instead it concentrates on the ‘vertical’ structure of explanations, whereby the existence of a nomic explanation at one level reflects explanations on lower levels on which it supervenes. These structural approaches were first proposed in Bird Synthese 120: 1–18, 1999. © 1999 Kluwer Academic Publishers..
The article reviews recent developments in England in the law of necessity as a defence to crime and calls for its further extension. It argues that the defence of necessity presents the criminal law with difficult questions of competing values and the ordering of harms. English law has taken a nuanced position on the respective roles of the courts and the legislature in the ordering of harms, although the development of the law has been pragmatic rather than coherently theorised. The law has granted necessity some scope as an exculpatory principle in the law of general defences, but it has also respected the primacy of the legislature as the legitimate arbiter of many of the competitions of value that necessity throws up. The recognition of necessity has not been in the form of a single unified defence of that name. Rather it has taken the form of a number of defences, based on a principle of necessity, but with different nomenclature and different rationales. This approach to necessity is defended as right in terms of principle and policy. Any further development of necessity as a general defence should be restricted to two contexts, namely those of emergencies, and of conflicts of duty, where a danger of death or serious injury is present.
To answer the question, we need first to consider the notion of necessity and the related notion of contingency. These are so-called "modal" notions. Other modal notions include those of possibility, impossibility, non-necessity, and noncontingency. All play a crucial role in philosophical thinking about matters to do with logic, metaphysics, morality, law, etc. This is because none of these modal notions is univocal in meaning. There are, so to speak, different "species" of the generic notions of necessity, contingency, possibility, and the rest.
August 16, 1997 David Lewis2 has long defended an account of scientific law acceptable even to an empiricist with significant metaphysical scruples. On this account, the laws are defined to be the consequences of the best system for axiomitizing all occurrent fact. Here "best system" means the set of sentences which yields the best combination of strength of descriptive content 3 with simplicity of exposition. And occurrent facts, the facts to be systematized, are roughly the particular facts about a localized space-time region that are non-modal, non-dispositional, and non-causal. Scientists providing or attempting to provide laws are plausibly seen as giving general principles that unify a body of data. Thus they organize or systematize the arrangement of occurrences. For this reason, Lewis's account has the important merits of providing contact with actual scientific practice while making sense of the standard philosophical conception that laws should be general but more than mere accidental generalizations. However, Lewis has long known about a potential problem with this account, a problem involving chance and credence.4 In a recent series of articles he, Michael Thau, and Ned Hall have developed a new formulation of the relationship between chance and credence which solves the problem. However, I will argue that these articles leave untouched and even exacerbate a closely related and more fundamental problem with the best system account, the problem of nomic necessity. Laws are supposed to be more than true; in some sense they must be true. Yet a principle's membership in the best systematization for one world seems to say nothing about its necessity, i.e., its truth at other worlds. I close by briefly describing how an alternative empiricist account may remove both problems.
Causal necessity typically receives only oblique attention. Causal relations, laws of nature, counterfactual conditionals, or dispositions are usually the immediate subject(s) of interest. All of these, however, have a common feature. In some way, they involve the causal modality, some form of natural or physical necessity. In this paper, causal necessity is discussed with the purpose of determining whether a completely general empiricist theory can account for the causal in terms of the noncausal. Based on an examination of causal relations, laws of nature, counterfactual conditionals, and dispositions, it is argued that no reductive program devoid of essentialist commitments can account for all the phenomena that involve causal necessity. Hence, neo-Humean empiricism fails to provide a framework adequate for understanding causal necessity.
This paper argues that there are true synthetic modal claims and that modal questions in philosophy are to be interpreted not in terms of logical necessity but in terms of synthetic necessity. I begin by sketching the debate about modality between logical empiricism and phenome-nology. Logical empiricism taught us to equate analyticity and neces-sity. The now common view is that analytic statements are necessary in the narrow sense but that there is also necessity in a wider sense. I argue against this that we should distinguish analyticity and necessity more strictly.
David Lewis has proposed an analysis of lawhood in terms of membership of a system of regularities optimizing simplicity and strength in information content. This article studies his proposal against the broader background of the project of Humean supervenience. In particular, I claim that, in Lewis's account of lawhood, his intuition about small deviations from a given law in nearby worlds (in order to avoid backtracking and epiphenomena) leads to the conclusion that laws do not support (certain) counterfactuals and do not bestow nomic necessity on (certain) facts induced by these laws. Support of counterfactuals and nomic necessity, however, are widely held to be important aspects of the concept of lawhood. In my view, therefore, it is not possible to abandon these criteria in any satisfactory analysis of the notion of laws of nature. In a final section, I suggest that the whole project of Humean supervenience is misleading. It does not sufficiently take notice of the important role that reasoning about contrary-to-fact situations plays in modern scientific practice.
Discussion of John F. Halpin, Nomic necessity and empiricism
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