In «Naturalized Epistemology and the Law of Evidence Revisited», the original target article for the various refutations that I comment on here, I revisited through a slightly different lens the subject of the article that I coauthored with Brian Leiter close to twenty years ago. That article has prompted four responses from Professors Pardo, Spellman, Muffato, and Enoch. Professors Pardo and Spellman basically accept the implications of the original article and offer useful but friendly amendments. Prof. Muffato apparently does (...) not want to dispute over my ground and so changes the subject, and in doing so offers a number of interesting points. Only the fourth, Prof. Enoch, has the same doubts about the utility of my original article as I do of the genre that gave rise to it. I can thus be quite brief in discussing professors Pardo, Spellman, and Muffato, but it will take bit more effort to lay out the limits of Prof. Enoch’s analysis. (shrink)

We revisit Naturalized Epistemology and the Law of Evidence, published twenty years ago. The evolution of the relative plausibility theory of juridical proof is offered as evidence of the advantage of a naturalized approach to the study of the field and law evidence. Various alternative explanations of aspects of juridical proof from other disciplines are examined and their shortcomings described. These competing explanations are similar in their reductive, a priori approaches that are at odds with an empirically oriented naturalized (...) approach. The shortcomings of the various a priori approaches are driven by their common methodological commitments to employing weird hypotheticals to engage in intuition mining about the American legal systems that in turn ignore important aspects of the actual legal systems and consistently make impossible epistemological demands. As a result, both their descriptions of and prescriptions for American legal systems are implausible, unlike the relative plausibility theory. (shrink)

There are roughly two main understanding in philosophy of science: Epistemology of Science and Metaphysics of Science. It is examined that some concept such as Laws of Nature, Causation, Time and Space into the metaphysics of Science. In this paper, it has been studied laws of nature which is one the most important subjects in metaphysics of science. Let’s think outside the box, there are three significant views about laws of nature; Regularity Theory, (...) Necessitation Theory and Dispositional Essential views. It has been worked the views of David Lewis in regularity theory. In the section of nomic necessitation we have been scrutinised the arguments put forward by David Armstrong and finally the last section; it has been discussed Alexander Bird’s views of dispositional essentialism comparing with the other two aspects. (shrink)

As a subject of inquiry, laws of nature exist in the overlap between metaphysics and the philosophy of science. Over the past three decades, this area of study has become increasingly central to the philosophy of science. It also has relevance to a variety of topics in metaphysics, philosophy of mind, philosophy of language, and epistemology. Readings on Laws of Nature is the first anthology to offer a contemporary history of the problem of laws. (...) The book is organized around three key issues: the matter of distinguishing laws from mere correlations, questions concerning inductive reasoning and laws, and the consideration of whether there are any true laws in science. Designed for class use, the anthology covers a remarkably broad range of views and concerns, and consists exclusively of articles that have proved highly influential in the field. Readings on Laws of Nature will also serve as a valuable research and reference tool for philosophers who do not specialize in the subject, but who have occasion to examine concepts relating to the laws of nature in their own work. (shrink)

We routinely speak of Newton’s laws in classical mechanics without really knowing how Newton understood such laws. This article clarifies some of the ontological, epistemological, and theological presuppositions underpinning his conception of the laws of nature. After introducing the Cartesian background (2), we examine the Newtonian view of laws of nature in three respects, namely: the character of laws of nature in the context of the rules for natural philosophy (3); the emanative (...) conception of space and time in _De Gravitatione_; (4); and the interpretation of laws of nature in terms of Leibnizian mechanisms or Berkeleyan principles (5). Our analysis highlights crucial philosophical elements of Newton’s view of laws of nature, which contributed to shape the directions that predominated in successive investigations (6). (shrink)

This new study provides a refreshing look at the issue of exceptions and shows that much of the problem stems from a failure to recognize at least two kinds of exception-ridden law: ceteris paribus laws and ideal laws. Billy Wheeler offers the first book-length discussion of ideal laws. The key difference between these two kinds of laws concerns the nature of the conditions that need to be satisfied and their epistemological role in the law’s formulation (...) and discovery. He presents a Humean-inspired approach that draws heavily on concepts from the information and computing sciences. Specifically, Wheeler argues that laws are best seen as algorithms for compressing empirical data and that ideal laws are needed as 'lossy compressors' for complex data. Major figures in the metaphysics of science receive special attention such as Ronald Giere, Bas van Fraassen, Nancy Cartwright, David Lewis and Marc Lange. This book is essential reading for philosophers of science and will interest metaphysicians, epistemologists and others interested in applying concepts from computing to traditional philosophical problems. (shrink)

This paper discusses Ronald Allen’s article, Naturalized Epistemology and the Law of Evidence Revisited, and reflects on how epistemology can contribute to our understanding of the evidentiary proof process. I first situate Allen’s critique of recent philosophical scholarship, distinguishing between general theoretical accounts of proof (including the theory that Allen and I have defended), on one hand, and the applications of specific epistemological concepts or issues to law, on the other. I then present a methodological picture that diverges (...) in some respects from the one that emerges from Allen’s critique. In discussing this alternative methodological picture, I explain how epistemology can contribute to legal evidence and proof while avoiding the problems that Allen identifies. (shrink)

This is the first appearance in English translation (and the first appearance anywhere since a now-hard-to-find 1939 Turkish publication) of Reichenbach’s popular lecture “The Problem of Laws of Nature.” In his lecture, Reichenbach deftly carries his audience through a vast array of interrelated topics concerning probability, natural law, determinism, statistical mechanics, quantum mechanics, fate, explanation, the justification of induction, and the scientist as wagerer. A brief commentary situating the lecture in a broader historical and philosophical context is provided. (...) The translation aims to convey Reichenbach’s own voice, which is by turns serious, playful, ironic, admonitory and inspirational. (shrink)

In Part I, we presented and motivated a new formulation of Humean Supervenience about Laws of Nature (HS). Here in Part II, we present an epistemological argument in defense of HS, thus formulated. Our contention is that one can combine a modest realism about laws of nature with a proper recognition of the importance of empirical testability in the epistemology of science only if one accepts HS.

According to best systems accounts, laws of nature are generalizations in the best systematization of particular matters of fact. Metrics such as simplicity and strength determine which systematization is best, but these are notoriously language relative. For this reason, David Lewis proposed a constraint on languages of inquiry: all predicates must be natural. This constraint is sometimes interpreted as requiring us to know which natural properties are instantiated in our world prior to scientific theorizing. I argue that this (...) interpretation is incorrect. I provide a better interpretation and show how it undercuts an influential epistemological objection to Lewis's best systems account of laws due to Bas van Fraassen. (shrink)

The paper focuses on the problem of identification of laws of nature and their demarcation from other kinds of regularities. The problem is approached from the viewpoint of several metaphysical, epistemological, logical and methodological criteria. Firstly, several dominant approaches to the problem are introduced. Secondly, the logical and semantic explicatory framework – Transparent Intensional Logic – is presented for the sake of clarification of logical forms of sentences that are supposed to express the laws of nature. (...) Finally, a complementary strategy to the demarcation problem is proposed, including reconsideration of relevant metaphysical, epistemological, logical and methodological requirements and principles behind the former conceptions. (shrink)

In Part I, we presented and motivated a new formulation of Humean Supervenience about Laws of Nature (HS). Here in Part II, we present an epistemological argument in defense of HS, thus formulated. Our contention is that one can combine a modest realism about laws of nature with a proper recognition of the importance of empirical testability in the epistemology of science only if one accepts HS.

The aim of this paper is to show how thought experiments help us learn about laws. After providing examples of this kind of nomic illumination in the first section, I canvass explanations of our modal knowledge and opt for an evolutionary account. The basic application is that the laws of nature have led us to develop rough and ready intuitions of physical possibility which are then exploited by thought experimenters to reveal some of the very laws (...) responsible for those intuitions. The good news is that natural selection ensures a degree of reliability for the intuitions. The bad news is that the evolutionary account seems to limit the range of reliable thought experiment to highly practical and concrete contexts. In the fifth section, I provide reasons for thinking that we are not as slavishly limited as a pessimistic construal of natural selection suggests. Nevertheless, I promote the idea that biology is a promising source of predictions and diagnoses of thought experiment failures. (shrink)

In ‘Quiddistic Knowledge’ (Schaffer in Philos Stud 123:1–32, 2005), Jonathan Schaffer argued influentially against the view that the laws of nature are metaphysically necessary. In this reply I aim to show how a coherent and well-motivated form of necessitarianism can withstand his critique. Modal necessitarianism—the view that the actual laws are the laws of all possible worlds—can do justice to some intuitive motivations for necessitarianism, and it has the resources to respond to all of Schaffer’s objections. (...) It also has certain advantages over contingentism in the domain of modal epistemology. I conclude that necessitarianism about laws remains a live option. (shrink)

In this paper, I briefly present the regularity and necessity views and assess their difficulties. I construe scientific laws as universal propositions satisfied by empirically successful scientific models and made — approximately — true by the real systems represented, albeit partially, by these models. I also conceive a scientific theory as a set of models together with a set of propositions, some of which are laws. A scientific law is a universal proposition or statement that belongs to a (...) scientific theory. Scientific laws also are laws of nature since we can provide arguments in favour of natural causal powers that ground the truth of laws. I argue that the truth of counterfactual conditional statements and the occurrence of regularities in nature provide good reasons to believe that real causal powers exist in nature and that the truth of scientific laws is based on a metaphysics of nature. (shrink)

This paper is concerned with the question of the truth conditions of nomological statements. My fundamental thesis is that it is possible to set out an acceptable, noncircular account of the truth conditions of laws and nomological statements if and only if relations among universals - that is, among properties and relations, construed realistically - are taken as the truth-makers for such statements. My discussion will be restricted to strictly universal, nonstatistical laws. The reason for this limitation is (...) not that I feel there is anything dubious about the concept of a statistical law, nor that I feel that basic laws cannot be statistical. The reason is methodological. The case of strictly universal, nonstatistical laws would seem to be the simplest case. If the problem of the truth conditions of laws can be solved for this simple subcase, one can then investigate whether the solution can be extended to the more complex cases. I believe that the solution I propose here does have that property, though I shall not pursue that question here.1. (shrink)

The aim of this paper is to show how thought experiments help us learn about laws. After providing examples of this kind of nomic illumination in the first section, I canvass explanations of our modal knowledge and opt for an evolutionary account. The basic application is that the laws of nature have led us to develop rough and ready intuitions of physical possibility which are then exploited by thought experimenters to reveal some of the very laws (...) responsible for those intuitions. The good news is that natural selection ensures a degree of reliability for the intuitions. The bad news is that the evolutionary account seems to limit the range of reliable thought experiment to highly practical and concrete contexts. In the fifth section, I provide reasons for thinking that we are not as slavishly limited as a pessimistic construal of natural selection suggests. Nevertheless, I promote the idea that biology is a promising source of predictions and diagnoses of thought experiment failures. (shrink)

Quine’s project of “naturalized epistemology” is usually interpreted as a rejection of classical epistemology, which becomes merely a “chapter of psychology”. It does not imply, however, a different understanding of the character of naturalization is inadequate or wrong. Susan Haack’s interpretations are briefly analyzed in the paper. Thereafter, they are harnessed as models of interpretation of the “naturalization of law”. The main aim is to point the radical reading of Quine’s project is not the only acceptable one. Consequently, (...) there are at least three models of the “naturalization of law” that are analogical to the “naturalization of epistemology”. The author details their character. (shrink)

This article is concerned with the relationship between scientific practice and the metaphysics of laws of nature and natural properties. I begin by examining an argument by Michael Townsen Hicks and Jonathan Schaffer that an important feature of scientific practice—namely, that scientists sometimes invoke non-fundamental properties in fundamental laws—is incompatible with metaphysical theories according to which laws govern. I respond to their argument by developing an epistemology for governing laws that is grounded in scientific (...) practice. This epistemology is of general interest for non-Humean theories of laws, for it helps to explain our epistemic access to non-Humean theoretical entities such as governing laws or fundamental powers. (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)

Humean accounts of natural law have long been charged with being unable to account for the laws’ explanatory power in science. One form of this objection is to charge Humean accounts with explanatory circularity: a fact in the Humean mosaic helps to explain why some regularity is a law (first premise), but that law, in turn, helps to explain why that mosaic fact holds (second premise). To this objection, Humeans have replied that the explanation in the first premise is (...) metaphysical whereas the explanation in the second premise is scientific, so (since these two varieties of explanation operate very differently) the two explanations cannot be chained together to yield explanatory circularity. This paper presents a new circularity argument that avoids this objection because both explanations in the premises are metaphysical. The new circularity argument also avoids the objection that the contrasts at the point where the two explanations are chained together fail to line up properly. The upshot is to leave the Humean account of law with two unattractive options: to regard scientific explanation under natural law as not constituting genuine explanation at all or to regard the Humean account as involving a vicious explanatory circularity. (shrink)

Basing Its Critique Of Western Legal Positivism On Concepts That Are Fundamental To The Indigenous Tradition Of Dharmasastra, This Work Is An Indian Restatement Of The Nature Of Law, Both Of Its Parts And Essence.

In this paper I discuss and evaluate different arguments for the view that the laws of nature are metaphysically necessary. I conclude that essentialist arguments from the nature of natural kinds fail to establish that essences are ontologically more basic than laws, and fail to offer an a priori argument for the necessity of all causal laws. Similar considerations carry across to the argument from the dispositionalist view of properties, which may end up placing unreasonable (...) constraints on property identity across possible worlds. None of my arguments preclude the possibility that the laws may turn out to be metaphysically necessary after all, but I argue that this can only be established by a posteriori scientific investigation. I therefore argue for what may seem to be a surprising conclusion: that a fundamental metaphysical question – the modal status of laws of nature – depends on empirical facts rather than purely on a priori reasoning. (shrink)

The philosophy of nature operates as one complete and systematic aspect of Schelling’s philosophy in the years 1797-1801 and as complement to Schelling’s transcendental philosophy at this time. The philosophy of nature comes with its own, naturalistic epistemology, according to which human natural productivity provides the basis for human access to nature’s own productive laws. On the basis of one’s natural productivity, one can consciously formulate principles which match nature’s own lawful principles. One refines (...) these principles through a process of experimentation, which relies on the human being’s naturalness in productivity. By making natural activity central to knowledge, Schelling takes seriously the naturalness of humans, without denying the dramatic shift that occurs when consciousness and rationality factor into experience. This epistemology can thus be fruitfully put in conversation with current philosophical discussions of mind and nature, in that it offers a naturalized account of mind which does not suffer from the typical weaknesses of a contemporary Kantian or Hegelian account. The paper thus concludes with a discussion of John McDowell’s Mind and World, and shows how Schelling’s philosophy can resolve some tensions in that work. (shrink)

To differentiate between the laws of nature and accidental generalizations, we must adopt a view of necessity that is capable of being realized in relationships existing among natural objects. In neo-Sadraian Islamic philosophy, metaphysical necessity is accepted as part of the cause-effect relationship. This paper compares the neo-Sadraian interpretation of necessity and necessitarian theories about the laws of nature, particularly essentialism and universal theory. By resorting to specific forms al-shûrat al-naw’iyyah, the origin of the essential properties (...) of natural objects, I argue that neo-Sadraians have proposed a perspective on metaphysical necessity that is epistemologically a posteriori. (shrink)

In the philosophy of science there has traditionally been a tendency to regard physics as the incarnation of science per se. Accordingly, the status of other disciplines is evaluated then with respect to their ability to produce laws resembling those of physics. This view has yielded a considerable bias in the discussion of historical laws. Philosophers as well as historians have tended to discuss such laws mostly with reference to the situation in physics; this often led to (...) either one of two conclusions, namely that history is epistemologically completely separated from natural science, because it does not have universal laws, or that the ultimate goal of the study of history must be the formulation of such universal laws. I would maintain that neither conclusion is necessary. To substantiate this position, aspects of laws in nature are discussed. One aspect being often neglected is the fact that there are many cases of statistical laws in nature; there is no close link between laws and determinism. Moreover, there are natural systems which have a history, i.e. systems which are, like human history, shaped by irreversible, singular events. One important case is biological evolution and accordingly I discuss the relation between evolutionary theory and historiography. However, since we are part of the living world, one could also ask whether the laws of evolution are of direct relevance for understanding our history, in addition to the methodological similarities between the two fields. This issue of history as evolution is being investigated in detail in the final section of the paper. (shrink)

The present book takes the discovery that quantum-like behaviour is not solely reserved to atomic particles one step further. If electrons are modelled as vibrating droplets instead of the usually assumed point objects, and if the classical laws of nature are applied, then exactly the same behaviour as in quantum theory is found, quantitatively correct! The world of atoms is strange and quantum mechanics, the theory of this world, is almost magic. Or is it? Tiny droplets of oil (...) bouncing round on a fluid surface can also mimic the world of quantum mechanics. For the layman - for whom the main part of this book is written - this is good news. If the everyday laws of nature can conspire to show up quantum-like phenomena, there is hope to form mental pictures how the atomic world works. The book is almost formula-free, and explains everything by using many sketches and diagrams. The mathematical derivations underlying the main text are kept separate in a -peer reviewed - appendix. The author, a retired professor of Flight Mechanics and Propulsion at the Delft University of Technology, chose to publish his findings in this mixed popular and scientific form, because he found that interested laymen more often than professional physicists feel the need to form visualisations of quantum phenomena. (shrink)

Standard objections to the notion of a hedged, or ceteris paribus, law of nature usually boil down to the claim that such laws would be either 1) irredeemably vague, 2) untestable, 3) vacuous, 4) false, or a combination thereof. Using epidemiological studies in nutrition science as an example, I show that this is not true of the hedged law-like generalizations derived from data models used to interpret large and varied sets of empirical observations. Although it may be ‘in (...) principle impossible’ to construct models that explicitly identify all potential causal interferers with the relevant generalization, the view that our failure to do so is fatal to the very notion of a cp-law is plausible only if one illicitly infers metaphysical impossibility from epistemic impossibility. I close with the suggestion that a model-theoretic approach to cp-laws poses a problem for recent attempts to formulate a Mill-Ramsey-Lewis theory of cp-laws. (shrink)

John Foster presents a clear and powerful discussion of a range of topics relating to our understanding of the universe: induction, laws of nature, and the existence of God. He begins by developing a solution to the problem of induction - a solution whose key idea is that the regularities in the workings of nature that have held in our experience hitherto are to be explained by appeal to the controlling influence of laws, as forms of (...) natural necessity. His second line of argument focuses on the issue of what we should take such necessitational laws to be, and whether we can even make sense of them at all. Having considered and rejected various alternatives, Foster puts forward his own proposal: the obtaining of a law consists in the causal imposing of a regularity on the universe as a regularity. With this causal account of laws in place, he is now equipped to offer an argument for theism. His claim is that natural regularities call for explanation, and that, whatever explanatory role we may initially assign to laws, the only plausible ultimate explanation is in terms of the agency of God. Finally, he argues that, once we accept the existence of God, we need to think of him as creating the universe by a method which imposes regularities on it in the relevant law-yielding way. In this new perspective, the original nomological-explanatory solution to the problem of induction becomes a theological-explanatory solution. The Divine Lawmaker is bold and original in its approach, and rich in argument. The issues on which it focuses are among the most important in the whole epistemological and metaphysical spectrum. (shrink)

The Conference on Dispositions and Laws of Nature was held at the University of Alabama at Birmingham in February 2003, and by all accounts was a great success. Upon seeing the program for the conference, John Symons of Synthese thought the papers would make an excellent special issue, and so here we are. Roughly speaking, dispositions are tendencies or powers—a fragile glass’s disposition to break when struck. Laws of nature, like Newton’s laws of motion, are (...) commonly thought to be true generalizations that supports counterfactuals, play an important role in scientific explanation, and can be inductively confirmed by their instances. Dispositions and laws are components of different, perhaps competing, metaphysical views regarding the source of power and activity in the universe. Supposing that dispositions and laws of nature exist, in some sense, I see two basic options as to how they are related: 1. Laws give otherwise inert particulars their dispositions. 2. Particulars have certain dispositions, and general truths about these dispositions constitute the laws of nature. (shrink)

Traditional theories construe approximate truth or truthlikeness as a measure of closeness to facts, singular facts, and idealization as an act of either assuming zero of otherwise very small differences from facts or imagining ideal conditions under which scientific laws are either approximately true or will be so when the conditions are relaxed. I first explain the serious but not insurmountable difficulties for the theories of approximation, and then argue that more serious and perhaps insurmountable difficulties for the theory (...) of idealization force us to sever its close tie to approximation. This leads to an appreciation of lawlikeness as a measure of closeness to laws, which I argue is the real measure of idealization whose main purpose is to carve nature at its joints. (shrink)

Today's ethical theory , both utilitarian and non-ontological theories dominated. However, we found that many of its subsequent development in the evolution of those who encourage virtue ethics, feminist care theory, social contract theory and the theory of rights-based build. But usually lacking in this discussion - the teaching of ethics by the majority of it seems - is the natural law theory. Natural law theory has its very long history, starting from the Stoic school, it had occupied in the (...) outside world, a strong Anglo-American influence . But today it is still a strong defender of its existence , Joseph Bauer , and Yue Hanfen Jonas ). But in any case it does absent in most contemporary research into ethics, even when it was put in time, is often quickly oppose the theory. Why this theory is often ignored or opposed? We can give a lot of reasons. Some will mention the problem with it ought to. That is contrary to natural law where the basic claim that a person who can not be on the moral statements of a person's actual state is. Some of the attacks this theory is the theory because it is a natural, stable together on it called) natural fallacy, moral assets is a "simple "and do not be a natural thing to be defined . Some critics oppose the natural law theory because they believe that all laws are based is only the ordinary and customs, so it does not matter the existence of any universal moral law. Others argue that natural law theory assumption that there exists, but there is no reason to believe the world for such a presence. Again, some people think that today there is a widespread skepticism that regardless of this objective, universal the existence of moral standards - in other words, a standard applied to all human beings, regardless of their cultural origin or its existence in time and space. In any case, even if this standard exists, we may still ask where they come from? Can we know what they are? And we can determine their legitimacy? In this paper, Maritain's natural law philosophy as a theoretical basis for showing this philosophy of good reasons to lies. Natural law and moral philosophy to provide the philosophy of the relationship and differences between the lies. Thus natural law is natural, because it - especially its first principles, "can be as good, evil can be avoided." - The content is naturally knowable. The first principle is not innate, but it still is not wrong with the talent. We can through all of the knowledge and understanding, to explain the different knowledge of natural law, natural law is the knowledge of the process. The world as we know more, we also know more of their own; we found congenital beyond time. But the fact of moral knowledge needs to transcend time, it does not make a relationship of knowledge, and scientific knowledge that is required is some, as it is relevant. It concluded that the object of this essay have been presented in Maritain's study of natural law. Of Maritain, natural law is "a tendency to order, one can find it, and it will have to act in accordance to meet the person and the nature of the purpose of the inevitable." Considerations of such a proposal is not only a description of human behavior, also on the basis of moral action and human rights standards. Maritain accepted the idea that this law is not only associated with the human and natural to be known. He believed that his theory of knowledge and to give arguments for metaphysics, we can have a human experience consistent with natural law theory of historical perception, as is should be a bridge, and explain why the differences in the nature of moral knowledge not against natural law of reason. If we can take this route - Maritain from the plant into the road on St. Thomas Aquinas - Maritain believe we can at least respond to the majority of the criticism of natural law theory. Of course, natural law theory, there are more than epistemology and metaphysics considerations. Obviously, there are many other kinds of law related to the demand . We also need to indicate whether we know something of natural law. How can we compare Maritain's theory of natural law and other laws of nature? In particular, once popular in the eighteenth century rationalist ideas. Nevertheless, it is obvious that a complete discussion of this article, we should not totally against Maritain's theory - it should be included in today's major moral theories. (shrink)

Ethical theory today is dominated by utilitarianism and by deontological theories . We also find, though to a much lesser extent, virtue ethics, feminist 'care' theories , social contract theories, and rights-based theories. But often missing from the discussion-and from most ethics textbooks-is natural law theory. Natural law theory has a long history, starting with the Stoics. It is influential outside of the Anglo-American world , and it has its powerful defenders today . But nevertheless it is virtually absent from (...) most contemporary studies in ethics and, even when it is mentioned, it is often quickly rejected. Why is this theory so widely ignored or rejected? There are a number of reasons that have been given. Some raise the problem of the distinction between 'is' and 'ought'-that is, that contrary to a basic claim of natural law theory, one cannot infer a moral statement of what one' ought 'to do from a descriptive statement of the kind of being one' is. 'Some attack the theory because it is a' naturalistic 'theory, and it commits ' the naturalistic fallacy'-that moral properties are 'simple,' and cannot be defined in terms of something that is natural And there is today a widespread scepticism that questions whether there are such things as objective, universal moral standards-ie, standards which apply to all human beings, regardless of the culture from which they come or the time in which they live. In any case, even if there are such standards, we might still ask Where do they come from? Can we know what they are? And can we be certain that they are legitimate? Many, if not most of these questions were, however, addressed by Jacques Maritain. In this paper, I want to outline Maritain's distinctive account of natural law and its metaphysical and epistemological dimensions. This account not only provides a more sophisticated understanding of natural law, but gives us good reason to challenge the marginalization of it in contemporary moral philosophy. The object of this short essay has been to present Jacques Maritain's account of natural law. For Maritain, the 'natural law' is "an order or a disposition that the human reason can discover and according to which the human will must act in order to be in accord with the essential and necessary ends of the human being. "Such an account proposes not only a description of human behaviour, but a standard of moral action and a foundation for human rights . Maritain's adopts the view that this law is not only related to human nature, but is known naturally. He believes that, given his arguments concerning the metaphysical and epistemological dimensions, we have a historically sensitive version of a natural law theory that accords with human experience, that bridges the is / ought gap, and that explains how differences in moral knowledge do not count against a natural law view. If we take this approach-an approach that Maritain believes is rooted in St Thomas-Maritain believes that one can respond to at least some of the major criticisms of natural law theory. There is, of course, more to a natural law theory than an account of its metaphysical and epistemological dimensions. Clearly, more needs to be said concerning its relation to other kinds of law . We also need to specify what exactly we know of natural law. And it is also important to see how Maritain's account compares with other natural law theories , especially the 'rationalist' accounts that were popular in the eighteenth century. Nevertheless, it is clear from the discussion throughout this essay that Maritain's theory is not one that one should hastily reject-and that it should be included among the major moral theories of today. (shrink)

Three key components of a legal case are evidence, fact and judgement. In a well conducted judgement there will be an appropriate relation between these three components. Epistemologists investigating the nature of knowledge have been concerned with an analogous three components and their relation. More specifically, epistemologists have been concerned with justification, truth, and belief and how these three components need to be related if there is to be knowledge. Given the analogy, the research of epistemologists plausibly has insights (...) to offer to legal theorists. In fact, as we shall see, what epistemology have to offer legal theory actually goes beyond this as well. (shrink)

This article serves as an introduction to the laws-of-biology debate. After introducing the main issues in an introductory section, arguments for and against laws of biology are canvassed in Section 2. In Section 3, the debate is placed in wider epistemological context by engaging a group of scholars who have shifted the focus away from the question of whether there are laws of biology and toward offering good accounts of explanation(s) in the biological sciences. Section 4 introduces (...) two relatively new pieces of science – metabolic scaling theory and ecological stoichiometry – that have not been topics of much discussion by philosophers but are relevant because they have at least some of the hallmarks of laws of nature. Section 5 concludes by pointing out that discovering laws of biology, if any there be, will not necessarily answer the questions raised by the debate in the first place: we will still want to know how biology compares to other sciences, how to characterize its systems and processes, and whether accounts in terms of laws always or usually constitute adequate explanations in various sciences. (shrink)

In one of his meetings with members of the Vienna Circle, Wittgenstein discusses Hermann Weyl’s brief conversion to intuitionism and criticizes his arguments against applying the law of the excluded middle to generalizations over the natural numbers. Like Weyl, however, Wittgenstein rejects the classical model theoretic conception of generality when it comes to infinite domains. Nonetheless, he disagrees with him about the reasons for doing so. This paper provides an account of Wittgenstein’s criticism of Weyl that is based on his (...) differing understanding of what a general statement over infinite domains consists in. This difference in their conception of generality is argued to be central to the middle Wittgenstein’s overall stance on intuitionism as well. While Weyl (and other intuitionists) reject the law of the excluded middle on grounds of constructivity, Wittgenstein argues that general statements over infinite domains do not express propositions in the first place. The origin of this position as well as its consequences for contemporary debates on generality are further assessed. (shrink)

Theorems of arithmetic are used, perhaps essentially, to reach conclusions about the natural world. This applicability can be explained in a natural way by analogy with the applicability of statements of law to the world. ;In order to carry out an ontological argument for my thesis, I assume the existence of universals as a working hypothesis. I motivate a theory of laws according to which statements of law are singular statements about scientific properties. Such statements entail generalizations about instances (...) of those properties. My task, then, is to show that theorems of arithmetic, in application, are similar to statements of law in this respect. On the basis of my working hypothesis, I argue that there are inclining reasons to think that cardinal numbers are scientific properties whose instances occur in the natural world. The works of Mill, Frege and Benacerraf play central roles in these arguments. ;In general, I urge that there are no conclusive epistemological or ontological factors which preclude arithmetical truths from being laws of nature. Consequently, I think we can extend any semantic theory which is adequate for statements of law to theorems of arithmetic. This would apply even to a theory of predication which does not involve commitment to universals. So, to the degree that my argument succeeds with the working hypothesis, it also supports the unconditioned thesis that arithmetical truths are laws of nature. (shrink)

In this paper, I challenge an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the ‘naturalization of epistemology’. In a prominent series of papers and a book, Brian Leiter has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology (...) and Leiter’s suggested parallel and argue that the parallel does not hold up. Even granting Leiter’s substantive assumption that the law is indeterminate, there is no philosophical confusion or overreaching in the legal case that is parallel to the philosophical overreaching of Cartesian foundationalism in epistemology. Moreover, if we take seriously Leiter’s analogy, the upshot is almost the opposite of what Leiter suggests. The closest parallel in the legal case to Quine’s position would be the rejection of the philosophical positions that lead to the indeterminacy thesis. (shrink)

Metaphors of nature and organism play a central role in the epistemes of the Western culture and arts. The entire project of the 'modern' meant a separation of man from the cosmos and its laws. Signs and symbols are thought to be arbitrary and conventional social constructions. However, there are many returns to iconic imitations of nature and biological principles also in such an esoteric art as music. One of the highest aesthetic categories in Western art music (...) is the so-called 'organic growth' which particularly manifests in symphony. The concepts of 'organic/inorganic' can be used as analytic terms, whereby one might even compare such composers as Jean Sibelius and Gustav Mahler. Music is said to be 'organic' when (I) its theme actors live in their proper Umwelt (or isotopy); (2) all music material stems from the same themes (it is innerly iconic); (3) all musical events follow each other coherently (inner indexicality or the principle of Growth); (4) music strives for some goal (temporality). Moreover the Ueküll idea of a particular lch-Ton of every organism can be turned back to music. Hence we can say that every musical piece is like an 'organism' which has its lch-Ton detennining which signs it accepts and how it acts in the musical environmentof its own and formed by other musical works. (shrink)

The history of Natural Philosophy is dominated by a paradox; broadly speaking, a vast increase in its range of application to the external world has been accompanied by a sweeping simplification in its basic assumptions. From the standpoint of Empiricism this dual development appears utterly mysterious. On the other hand, Rationalism, which seeks to demonstrate the metaphysical necessity of natural law, and hence might throw light on this development, has been generally discredited, particularly by men of science. It is not (...) surprising, therefore, that philosophical discussion of scientific method has become a Babel of confusing tongues. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Light That Binds: A Study in Thomas Aquinas's Metaphysics of Natural Law by Stephen L. BrockBrian BesongThe Light That Binds: A Study in Thomas Aquinas's Metaphysics of Natural Law by Stephen L. Brock (Eugene, OR: Pickwick, 2020), xv + 277 pp.Fr. Stephen L. Brock is arguably one of the most important contemporary contributors to the Thomistic understanding of natural law. Hence, the publication of his updated and (...) revised doctoral dissertation on the topic [End Page 289] of the metaphysics of natural law in St. Thomas will be gladly received by Thomistic scholars and moral theorists alike. In The Light That Binds, Brock's central task is to explain the metaphysics of the promulgation of natural law in man. Put differently although extant literature on natural law may be useful for action analysis—why lying is always wrong, say—less attention has been paid to the way in which natural law has been promulgated by God and is present in the human intellect. What literature is available, either as an explanation of St. Thomas or as criticism of the same, has failed to do Aquinas justice, so Brock argues.The book comprises seven chapters and an introduction. In the first chapter, Brock's central goal is to survey the ways in which (especially more recent) commentators of Aquinas have distorted the sense in which natural law constitutes genuine law, as well as the relationship between natural law and God. For, there is a line of thought on natural law, particularly prominent in the "new natural law" tradition, according to which the principles at the heart of the theory do not fully satisfy the four criteria of legitimate law given by Aquinas. Rival views have natural law constituting a real law, but in virtue of an epistemically explicit reliance on God as lawgiver, among other distortions. Figureheads surveyed in the chapter include Dom Odon Lottin, Ernest Fortin, and Francisco Suárez, among others.In the second chapter, Brock outlines and defends his positive view regarding the legal status of the natural law by way of continued discussion of Lottin, particularly Lottin's contention that St. Thomas was heavily influenced by a mid-thirteenth-century Franciscan tract, De legibus et praeceptis. Brock argues that St. Thomas conceives of natural law as having an even closer relationship to eternal law than is posited by the earlier Franciscan tract, and the rest of the chapter is largely focused on unpacking this close relationship. In sum, natural law is law because it involves a rational ordering by God of our intellect to the goods of our nature, a human participation in an eternal ordering of all things to their ends (i.e., the eternal law). We need not discover the source of the ordering—namely, God—in grasping the first principles of his ordering, as Brock explains here and elsewhere. But the strictly legal status of the principles requires that natural law comes from a legitimate authority, among other essential elements.Chapters 3 and 4 tackle the more human side of the metaphysics of natural law. More concretely, in these chapters, Brock explains the wheres and the whats of our possession of the natural law. For, not all ordering of objects to ends implies the sort of normativity we see in the natural law. Brute animals, among others, have natural inclinations too, and yet they are not governed through these instinctual drives by a natural law. Natural law [End Page 290] is present preeminently in the human intellect, Brock argues, and is not to be confused with the prerational drives that we share as part of our animal nature. God instills these rational drives—the light, as it were—into reason in such a way that an individual can grasp its force autonomously, as basic conceptional truths about what right and wrong consist in (72). Here it would have been nice for Brock to reflect briefly on how Aquinas's views on moral knowledge fit within his broader epistemological commitments, as the natural (conceptual) knowledge of right and wrong at first glance shares common ground with the Franciscan tradition on divine illumination as found in figures... (shrink)

The aim of this paper is to investigate the transition in natural science from the search for the essence of matter to the search for the laws to which matter is subject. Starting about 1600, this transition meant a change of perspective, the introduction of a new metaphysical view of the world. A scientific worldview has at least four components, its ontology, epistemology, logic and heuristic, which I shall discuss with respect to the idea of natural law.

In a circulated but heretofore unpublished 2001 paper, I argued that Leiter’s analogy to Quine’s “naturalization of epistemology” does not do the philosophical work Leiter suggests. I revisit the issues in this new essay. I first show that Leiter’s replies to my arguments fail. Most significantly, if – contrary to the genuinely naturalistic reading of Quine that I advanced – Quine is understood as claiming that we have no vantage point from which to address whether belief in scientific theories (...) is ever justified, it would not help Leiter’s parallel. Given Leiter’s way of drawing the parallel, the analogous position in the legal case would be not the Legal Realists’ indeterminacy thesis, but the very different position that we have no vantage point from which to address whether legal decisions can ever be justified. I then go on to address the more important question of whether the indeterminacy thesis, if true, would support any replacement of important legal philosophical questions with empirical ones. Although Ronald Dworkin has argued against the indeterminacy thesis, if he were wrong on this issue, it would not in any way suggest that the questions with which Dworkin is centrally concerned cannot fruitfully be addressed. The indeterminacy thesis is a bone of contention in an ordinary philosophical debate between its proponents and Dworkin. Of course, if the determinacy thesis were true, no one should try to show that it is false, but this triviality lends no support to the kind of replacement proposal that Leiter proposes. I conclude with some general reflections on naturalism and philosophical methodology. (shrink)

Nomic realists have traditionally put laws to work within a theory of natural modality, in order to provide a metaphysical source for causal necessitation, counterfactuals, and dispositions. However, laws are well-suited to perform other work as well. Necessitation is a widespread phenomenon and includes cases of categorial, conceptual, grounding, mathematical and normative necessitation. A permissive theory of universals allows us to extend nomic realism into these other domains. With a particular focus on grounding necessitation, it is argued that (...) the sorts of reasons for positing laws in the natural causal domain also apply in other domains. Laws might well be the source of all first-order modality. (shrink)

This paper develops an account of the metaphysics of fundamental laws I call “the Package Deal Account ” that is a descendent of Lewis’ BSA but differs from it in a number of significant ways. It also rejects some elements of the metaphysics in which Lewis develops his BSA. First, Lewis proposed a metaphysical thesis about fundamental properties he calls “Humean Supervenience” according to which all fundamental properties are instantiated by points or point sized individuals and the only fundamental (...) relations are geometrical spatial and temporal relations between these. While the BSA does not require HS Lewis seems to hope that it is true. In contrast, the PDA is not committed to HS or even to the fundamental arena in which fundamental properties are instantiated possessing geometrical structure and thus is able to accommodate relations and structures found in contemporary physics that apparently conflict with HS. Second, although Lewis’ BSA doesn’t require HS his Humeanism does require that fundamental properties are categorical. In contrast, the PDA allows for the possibility that fundamental properties are individuated in terms of laws and so are not categorical. Third, the PDA expands and develops the criteria for what counts in favor of a candidate system with more attention to the criteria employed by physicists in evaluating proposed theories. Fourth and most importantly, unlike Lewis’ BSA, the PDA does not presuppose metaphysically primitive elite properties/quantities that Lewis calls “perfectly natural” properties/quantities or presuppose a metaphysically preferred language whose terms denote such properties/quantities. It replaces Lewis’ account with an account on which natural properties are not metaphysically prior to the laws but are elements of a package that includes a fundamental arena that plays the role of space-time as well as fundamental laws and properties. By doing so it responds to some epistemological and metaphysical issues that have been raised regarding natural properties and their role in the BSA. In sum, the PDA goes further in explicating the notion of laws in terms of the aims and practices of science especially fundamental physics rather than in terms of prior metaphysics. I begin by reviewing Lewis’ account of perfectly natural properties and his Humean BSA of laws. (shrink)

I propose and defend a new combination of natural law ethics and virtue epistemology. While all contemporary natural law theories recognize knowledge as one of the basic human goods, none of them provide a detailed explanation for the value of knowledge, which would greatly enrich such theories. I show that virtue epistemology is able to deliver the required solution to the value problem, which makes this combination project very attractive. I also address two major worries about this approach: (...) it commits one to a type of virtue ethics that is incompatible with natural law theory; and it results in a fragmented, pluralistic account of normativity. I attempt to alleviate both worries, arguing that the first is unfounded and the second, while true, is not a genuine cause for concern because the combination of natural law ethics and virtue epistemology is more unified than it may appear. (shrink)

Spontaneously broken symmetries are often called hidden or secret symmetries. They are symmetries in the laws of nature that do not show up in observable phenomena. This raises the basic epistemological question: Is there reason to believe that these hidden symmetries are real features of nature rather than artifacts of theorizing. This paper clarifies the epistemic status of spontaneously broken symmetries. It presents the details of an argument by analogy that suggests the spontaneously broken gauge symmetry of (...) electroweak interactions, and the subsequent hypothetico-deductive testing of the hypothesis. It is a story of how dubious means can lead to a credible end. (shrink)

Are properties perfectly natural (or not) relative to worlds, or are they perfectly natural (or not) tout court? That is, could there be a property P that is instanti-ated at worlds w1 and w2, and is perfectly natural at w1 but not at w2? Here, we offer an original argument for the non-world-relativity of perfect naturalness. Along the way, we reply to a prima facie compelling argument for the contin-gency of perfect naturalness, based upon the connection between natural prop-erties and (...) laws of nature. (shrink)

Spontaneously broken symmetries are often called hidden or secret symmetries. They are symmetries in the laws of nature that do not show up in observable phenomena. This raises the basic epistemological question: Is there reason to believe that these hidden symmetries are real features of nature rather than artifacts of theorizing. This paper clarifies the epistemic status of spontaneously broken symmetries. It presents the details of an argument by analogy that suggests the spontaneously broken gauge symmetry of (...) electroweak interactions, and the subsequent hypothetico-deductive testing of the hypothesis. It is a story of how dubious means can lead to a credible end. (shrink)