Scientific method in philosophy has been so greatly developed and widely accepted in our day that it seems almost ready to lay claim to the self-evidence which an older rationalism professed. It is my belief that it leaves out something essential to philosophy. I shall not attempt to define scientific method in philosophy, since it is a movement with several wings, rather than a definite set of propositions accepted by all its advocates; but its intent is clear. The theme of (...) current criticisms of metaphysics and speculation has been that philosophy has no private access to the truth, no monopoly of such knowledge as human beings possess; it stands on an equal footing with the sciences. The observation is sound and timely; but from it has been drawn, at least by implication, the conclusion that there is no such thing as philosophy at all. For unless it has a peculiar method, or a distinct subject matter, or some other distinguishing trait, philosophy is only a convenient name for a certain group of men and the books they wrote. The criticism was made because philosophy had come to be identified with a set of dogmas. I wish to suggest instead that it is a peculiar kind of inquiry into a distinct subject matter. Philosophy is the attempt to formulate principles or categories which the philosopher already possesses, in common with everyone else, but in an unformulated state. Philosophy is always developing theories and systems, but they are tentative, not final and dogmatic; the categories are certain, but their statement is provisional; therefore, the process of inquiry is unending. (shrink)

Both the Kevelson Seminar topic, ‘Lawyers as Makers of Meaning,’ and the appearance of a highly-publicized television series in the United States dedicated to the life of President John Adams (1735–1826) invite inquiry into Adams’ role as a lawyer who shaped the meaning of the American Revolution (and his role in bringing it about). Three trials from Adams’ early legal career illustrate that he presented both himself and fellow resistance leader James Otis, Jr., as heroic loners struggling for the (...) rights of Americans against British injustice. Although he did not call it that, in 1970 lawyer and future Massachusetts Superior Court Justice Hiller Zobel, in his book The Boston Massacre, undertook what we would consider a semiotic approach that investigated the relevant codes and contexts—both the legal complexities and the audiences, other lawyers, judges, and posterity about which Adams spoke, simplifying and minimizing their roles as he maximized his own (and Otis’s). Zobel’s own relationship with Adams’ legal career appeared in his own tenure on the bench, especially in the famous ‘Nanny’ (discussed by Denis Brion, in this issue) case in which he explicitly presented the Boston Massacre Trials as a relevant precedent. Despite Adams’ willingness to subordinate his clients’ welfare to the patriot cause early in his career, it can be argued that HBO television and historian David McCullough, by presenting him to the public only flawed by his outspoken, stubborn honesty, have nevertheless performed a public service. Their version of Adams offers Americans in the twenty-first century an alternative role model to the dishonest, ill-informed politicians who use public opinion polls rather than political theory, moral philosophy, and historical knowledge as the basis of their decisions. (shrink)

Preview: /Scott Shapiro interviewed by Eli Kramer / EK: Thanks for talking with me today. Your book, The Internationalists: How a Radical Plan to Outlaw War Remade the World is not only kind of groundbreaking in the way it changes how we think about the role of international law in the history and philosophy of culture, and some of our progressive success of not having disastrous violence shape us each generation, but it has only become more relevant since the war (...) in Ukraine was launched. As a starting point for our conversation, can you summarize the main premise of the work? SS: It’s a story about the modern international order. Despite its imperfections, it needs to be defended now more than ever. The central argument of the book is that the origins of the modern international order can be traced to a specific date in history. Namely August 27th, 1928, when the great leaders of the world gathered in Paris to outlaw war. The treaty that was signed on that day is sometimes called the Kellogg-Briand Pact, the Peace Pact, or the Paris Peace Pact. Its actual formal designation was “The General Treaty for the Renunciation of War,” basically saying it all was an attempt to outlaw war. Now, of course most people have never heard of it. It’s amazing that basically all the countries in the world decide to outlaw war, which in itself is initially a strange thing to do, but then nobody knows about it. (shrink)

Goldthorpe reveals the genealogy of present-day sociological science through studies of the key contributions made by seventeen pioneers in the field, ranging from John Graunt and Edmond Halley in the mid-seventeenth century to Otis Dudley Duncan, James Coleman and Raymond Boudon in the late twentieth. Goldthorpe's biographies of these figures and analyses of their work reveal clear lines of intellectual descent, building towards the author's model of sociology as the study of human populations across time and place, previously outlined (...) in his book Sociology as a Population Science. The extent to which recent developments such as computational sociology and analytical sociology are in continuation with the efforts of these influential thinkers is also critically examined. Pioneers of Sociological Science will appeal to students and scholars of sociology and to anyone engaged in social science research, from statisticians to social historians. (shrink)

This chapter contains sections titled: Europeans Discover Coffee The British Invasion Postum and Coffee Neuralgia Birth Defects and Pancreatic Cancer The Pendulum Swings Back to Pro‐Coffee.

_ Convention_ was immediately recognized as a major contribution to the subject and its significance has remained undiminished since its first publication in 1969. Lewis analyzes social conventions as regularities in the resolution of recurring coordination problems-situations characterized by interdependent decision processes in which common interests are at stake. Conventions are contrasted with other kinds of regularity, and conventions governing systems of communication are given special attention.

This is the second volume of philosophical essays by one of the most innovative and influential philosophers now writing in English. Containing thirteen papers in all, the book includes both new essays and previously published papers, some of them with extensive new postscripts reflecting Lewis's current thinking. The papers in Volume II focus on causation and several other closely related topics, including counterfactual and indicative conditionals, the direction of time, subjective and objective probability, causation, explanation, perception, free will, and rational (...) decision. Throughout, Lewis analyzes global features of the world in such a way as to show that they might turn out to supervene on the spatiotemporal arrangement of local qualities. (shrink)

The first volume of this series presents fifteen selected papers dealing with a variety of topics in ontology, philosophy of mind, and philosophy of language.

Many years ago, C.B. Martin drew our attention to the possibility of ‘finkish’ dispositions: dispositions which, if put to the test would not be manifested, but rather would disappear. Thus if x if finkishly disposed to give response r to stimulus s, it is not so that if x were subjected to stimulus r, x would give response z; so finkish dispositions afford a counter‐example to the simplest conditional analysis of dispositions. Martin went on to suggest that finkish dispositions required (...) a theory of primitive causal powers; there, I think, he was mistaken. All that they require is an improved conditional analysis, and this improved analysis can be built upon whatever treatments of properties and of laws we may favour on other grounds. (shrink)

The controversy over judicial activism is as old as the question whether law is “made” or “found” by the courts, and is die quintessential living question for legal philosophers. Here the practical meets the abstract, as Supreme Court justices must, explicitly or not, adopt some philosophical viewpoint in deciding how general constitutional propositions do, or do not, decide current concress te controversies.

In their article “Three Kinds of Decision-Making Capacity for Refusing Medical Interventions,” Navin et al. (2022) argue that we should recognize two forms of decision-making capacity (DMC) besides...

This book offers a comparative study of the management of legal pluralism. The authors describe and analyse the way state and non-state legal systems acknowledge legal pluralism - defined as the coexistence of a state and non-state legal systems in the same space in respect of the same subject matter for the same population - and determine its consequences for their own purposes. The book sheds light on the management processes deployed by legal systems in Africa, Canada, Central Europe and (...) the South Pacific, the multitudinous factors circumscribing the action of systems and individuals with respect to legal pluralism, and the effects of management strategies and processes on systems as well as on individuals. The book offers fresh practical and analytical insight on applied legal pluralism, a fast-growing field of scholarship and professional practice. Drawing from a wealth of original empirical data collected in several countries by a multilingual and multidisciplinary team, it provides a thorough account of the intricate patterns of state and non-state practices with respect to legal pluralism. As the book's non-prescriptive approach helps to uncover and evaluate several biases or assumptions on the part of policy makers, scholars and development agencies regarding the nature and the consequences of legal pluralism, it will appeal to a wide range of scholars and practitioners in law, development studies, political science and social sciences. (shrink)

Judith Butler and Catherine Malabou’s recent exchange, ‘You Be My Body for Me: Body, Shape and Plasticity in Hegel’s Phenomenology of Spirit’, is remarkable because in their rereading of Hegel’s famous lord and bondsman parable, rather than focusing on recognition, work, or even desire, Butler and Malabou each wonder about how Hegel contributes to a new way of thinking about ‘having’ a body and how coming to ‘be’ a body necessarily involves a kind of dispossession. Butler and Malabou’s reading of (...) Hegel is congruent with a current shift on the left away from a liberal politics of recognition to a Marxist analytic of dispossession: a move, in other words, away from liberal ‘solutions’ of redistribution – of either goods or recognition – towards thinking through issues of settler colonialism, forced migration and empire. Butler and Malabou’s piece points towards the insight that Hegel’s parable must be thought in terms of the political history of possessive individualism, and so in terms of the history of juridically defined property relations; the history of regarding both the body and the land as property. The ‘two valences’ of dispossession, in other words, refers in fact to a logic of property relations, one between those who ‘have’ property and those who are juridically defined as propertyless. (shrink)

Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original (...) legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers. (shrink)

What is consciousness? brentano suggests that consciousness is a simple binary relation between a self and an object. in this paper, i offer a textual clarification and a qualified philosophical defense of brentano's suggestion. in part i, i indicate the ordinary facts of subjective experience that any adequate theory of consciousness must account for. in part ii, i argue on textual grounds that brentano's theory has been misunderstood by chisholm. in part iii, i argue that brentano's theory meets the conditions (...) of an adequate theory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.1 (2002) 105-128 [Access article in PDF] The Metaphoric Circuit: Organic and Technological Communication in the Nineteenth Century Laura Otis [Figures]In a public lecture in 1851, Emil DuBois-Reymond proposed that the wonder of our time, electrical telegraphy, was long ago modeled in the animal machine. But the similarity between the two apparatus, the nervous system and the electric telegraph, has a much (...) deeper foundation. It is more than similarity; it is a kinship between the two, an agreement not merely of the effects, but also perhaps of the causes. 1In 1851 the telegraph and the nervous system appeared to be doing the same things and for the same reasons. Their common purpose was the transmission of information, and they both conveyed this information as alterations in electrical signals. By calling the nervous system a "model" for the telegraph, DuBois-Reymond suggested that organic communications systems offered solutions to problems encountered by technological ones.In the same decade, however, Claude Bernard remained skeptical about the epistemological value of metaphor. From the classical notion of nervous fluid to the more recent ones of animal spirits and animal electricity, he pointed out, people's "knowledge" of the nervous system had consisted largely of a series of comparisons, "the expression of a way of seeing meant to explain the facts." 2 Priding himself on his empiricism, Bernard mistrusted analogy as a means of constructing knowledge. Does one know more or less about something, if one asserts that it is like something else? What exactly is the relationship between metaphor and knowledge? [End Page 105]Many scientific investigators have shared Bernard's concern that claims of likeness will change their perceptions of physiological systems, but for the same reason some scholars of language are more optimistic about the epistemological possibilities of metaphor. George Lakoff and Mark Johnson assert that the role of metaphor in scientific thinking provides one of the best illustrations of how metaphors reflect and influence what we see and do. "Formal scientific theories are attempts to consistently extend a set of ontological and structural metaphors," they argue. 3 This "extension," though, is just what worried Bernard. Metaphors provoke and give birth to new images. By establishing and reinforcing connections, they encourage us to see in new ways. While Bernard is correct that assertions of likeness alter the way we see, Lakoff and Johnson are equally correct in claiming that "much of cultural change arises from the introduction of new metaphorical concepts and the loss of old ones." 4 Alterations in the way we see can be extremely productive.One of the most intriguing cases through which to study the epistemological role of metaphor is that of comparisons between physiological and technological communications systems. Throughout the nineteenth century scientists' electrophysiological understanding of the nervous system closely paralleled technological knowledge that allowed for the construction of telegraph networks. Timothy Lenoir has demonstrated that Hermann Helmholtz and Emil DuBois-Reymond, the nineteenth-century scientists who made some of the greatest contributions to neurophysiology, worked closely with communications engineers like Werner Siemens. By developing models that reflected the apparatus they had adapted from physics and media technology, Helmholtz, and DuBois-Reymond changed people's understanding of the way nerves transmitted impulses. I agree with Lenoir that these comparisons between organic and technological systems were not mere devices for popularization but became incorporated into the scientists' own vision and understanding of the nervous system. 5 When one reads the proposals of nineteenth-century engineers, one begins to suspect that communication in the body and in society can only be understood in terms of each other. But can one claim that comparisons of communication mediated by bodies and machines actually contributed to knowledge of the nervous system and of early telecommunications networks?From the late eighteenth century onward, scientists studying organic and technological communications systems continually inspired one another. As Friedrich Kittler argues in Discourse Networks, nineteenth-century media for writing and communication—the telegraph, typewriter, and telephone—affected not just the way people wrote and... (shrink)

The first volume of this series presents fifteen selected papers dealing with a variety of topics in ontology, philosophy of mind, and philosophy of language.

This article explores Judith Butler’s reinterpretation of Hannah Arendt’s work in terms of the question of dispossession. By paying attention to the changes in voice and tone in Arendt’s work, Butler has brought forward a reading of Arendt that we have not seen before, and one that we have maybe never needed so much.

This article explores Judith Butler’s reinterpretation of Hannah Arendt’s work in terms of the question of dispossession. By paying attention to the changes in voice and tone in Arendt’s work, Butler has brought forward a reading of Arendt that we have not seen before, and one that we have maybe never needed so much.

Decades of feminist research has revealed the dismal labor conditions for women in global supply chains. Given this reality, why does Walmart use women in its supply chain as icons of female empowerment? Combining the Marxist notion of a “spatial fix” with a feminist analysis of symbolic resources, we develop the concept of a “gender fix” to understand a growing field of corporate programs that use women as symbolic resources to restore the image of firms as ethical actors. The gender (...) fix encompasses a wide range of corporate empowerment strategies to capture a broad pattern of action. A second term is necessary to situate Walmart’s particular empowerment strategy within its corporate positioning as leader of a vast supply chain network. We identify Walmart’s particular empowerment strategy as “outsourcing feminism.” Walmart’s use of the outsourcing feminism strategy stems from its commanding position in supply chains, which allows it to extract a symbolic surplus from women business owners from whom it sources products. When Walmart argues that it uplifts these women, its strategy targets the consumer end of the supply chain, emphasizing sourcing practices that promote a racially diverse, selfless, and middle-class femininity. In so doing, Walmart deflects attention from the treatment of women in other segments of its supply chain (e.g., its stores and factories). (shrink)

Inconsistency of attitudes and behavior is due to the probabilistic connection between responses or actions and the (not directly observable) dispositions on which they depend. Latent variable models provide criteria for recognizing when attitude and behavior depend on the same disposition. Statistical tests of such models and techniques of parameter estimation are described. The viewpoint proposed here and illustrated with empirical examples contrasts with the prevalent reliance on correlational models and methods.