In investigating their models, economists do not appear to engage much in the activities many philosophers take to be essential to scientific understanding of the world, activities such as testing hypotheses and establishing laws. How, then, can economic models explain anything about the real world? Borrowing from William Dray, an explanation of what something really is, as opposed to an explanation of why something happens, is the subsumption of the explanandum under a suitable concept. One way economic (...) models explain real-world phenomena is by providing explanations-what of such phenomena. In this way, economic models can afford explanations of the world without necessarily involving the activities philosophers take to be integral to scientific understanding of the world, for explanations-what do not necessarily involve the activities in question. (shrink)

Modern economics, with its use of advanced mathematical methods, is often looked upon as the physics of the social sciences. It is here argued that deductive analyses are more important in economics than in physics, because the economists more seldom can confirm phenomenological laws directly. The economist has to use assumptions from fundamental theory when trying to bridge the gap between observations and phenomenological laws. Partly as a result of the difficulties of establishing phenomenological laws, analyses of (...) idealized 'model-economies' play a more important, but mainly heuristic role, in economics. (shrink)

Resumen: El enfoque de máquinas nomológicas como esquema de funcionamiento de los modelos económicos supone la existencia de conjunciones constantes de eventos que tienen lugar en tanto se cumplan con determinadas cláusulasceteris paribus. Este enfoque supone causalidad del tipo lineal, una metodología del tipo macro-micro-macro, y un aislamiento respecto del entorno en el cual dicha máquina opera, lo cual lo hace congruente con el pensamiento neo-mecanicista. Consideramos que estos supuestos son cuestionables bajo el paradigma de la complejidad. En particular, dado (...) que gran parte de los fenómenos económicos responden a una causalidad no lineal, es necesario tener en consideración interacciones que no se dan en un nivel ni micro ni macro sinomeso, y que no es necesario ni conveniente hacer un aislamiento con el entorno, sino que es posible contemplarlo utilizando modelos de simulación.: The nomological machines approach as a scheme of operation of economic models presupposes the existence of constant conjunctions of events that take place as long as certain ceteris paribus clauses are fulfilled. This approach involves linear causality, a macro-micro-macro methodology, and an isolated environment in which the machine operates, which makes it consistent with the neo-mechanistic approach. We believe that these assumptions are questionable under the paradigm of complexity. Given that a large part of economic phenomena responds to non-linear causality, it is necessary to consider interactions that do not occur at a micro or macro level but rather at a meso-level, and that it is neither necessary nor desirable to isolate from the environment, but it is possible to contemplate it using simulation models. (shrink)

This article is aimed at representing the approaches of legal theory to the interaction between law and politics and to depict the main national features of the relationship between law and politics. The analysis is based on the adoption of methodology of fundamental work of Mauro Zamboni “Law and Politics”. The adoption of methodology was used only partially, while seeking to identify and clarify the features of static, dynamic and epistemological aspects of the relationship of law and politics in Lithuania. (...) Researchers have faced the problem of a diverse approach to the definitions of law and politics, and it has been resolved by focusing only to the researches representing the standpoint of legal theories. The analysis has led to the findings that there are reasonable grounds to assume that legal content (referring to the “static” aspect of law and politics) in Lithuania is flexible to outgoing politics. This implication is based on 1) the noticeable disproportion of legal regulation in different areas of social life, 2) law-making priority areas determined mostly by the choice of political actors will and 3) through changed execution of legal norms, prefering the forms which could be more cost effective (alternative dispute resolutions) and more suitable for changing social environment. What concerns the “dynamic” aspect of the relation between law and politics, it is implicated that there are backings for both open and closed law making, but at the same time more open legislative features are observed than the closed ones. This tendency is identified in the legislative process, where the help out of non-legal world is applied (using sociology) and the persistence of politicians to access and use the institutes of citizens’ legislative initiative (iniciatives for referendums or other legislative initiatives, the right to petition, etc.) is obvious. The reflection of „epistemological“ aspect of the relationship between law and politics in Lithuanian legal discipline reflects the general trend of international scientific community of law. It is considered to step back from the autonomous legal discipline concepts and in this way the appropriate conditions for incorporation of different categories from other scientific fields are created. On the other hand, a reserved cautious attitude of both researchers and research institutions on the conjunction of law and political science is observed. The interaction between law and economics and business or public relations is still prioritized. (shrink)

The economic crisis happening across the world over the last few years describes a range of interdependencies and interactions,and has highlighted the fundamentalf laws of neoclassical economic theory: its unedifying focus on prediction and, above all, its inability to explain how the economy really works. As such, it is increasingly recognised that economic phenomena cannot be exclusively investigated as being derived from deterministic, predictable and mechanistic dynamics. Instead, a new approach is required by which history-dependence, organic and ever-evolving processes (...) are also accounted for. As this view implies new challenges and opportunities for policy, we will focus our attention on innovative components of Complexity Theory for the study of economics and the evaluation of public policies. (shrink)

Now that complex Agent-Based Models and computer simulations spread over economics and social sciences - as in most sciences of complex systems -, epistemological puzzles (re)emerge. We introduce new epistemological concepts so as to show to what extent authors are right when they focus on some empirical, instrumental or conceptual significance of their model or simulation. By distinguishing between models and simulations, between types of models, between types of computer simulations and between types of empiricity obtained through (...) a simulation, section 2 gives the possibility to understand more precisely - and then to justify - the diversity of the epistemological positions presented in section 1. Our final claim is that careful attention to the multiplicity of the denotational powers of symbols at stake in complex models and computer simulations is necessary to determine, in each case, their proper epistemic status and credibility. (shrink)

There has been a burst of work in the last couple of decades on mechanistic explanation, as an alternative to the traditional covering-law model of scientific explanation. That work makes some interesting claims about mechanistic explanations rendering phenomena ‘intelligible’, but does not develop this idea in great depth. There has also been a growth of interest in giving an account of scientific understanding, as a complement to an account of explanation, specifically addressing a three-place relationship between explanation, world, and the (...) scientific community. The aim of this paper is to use the contextual theory of scientific understanding to build an account of understanding phenomena using mechanistic explanations. This account will be developed and illustrated by examining the mechanisms of supernovae, which will allow synthesis of treatment of the life sciences and social sciences on the one hand, where many accounts of mechanisms were originally developed, and treatment of physics on the other hand, where the contextual theory drew its original inspiration. (shrink)

Research in the subject area of economics (as a social science) has defined its ontologie of scientific investigation through economic methodology; a philosophical approach entailing the proviso of empirical evidence and backed by an understanding of human interaction in their natural habitat. The contention of economic methodology being refuted for its non-scientific means of investigation and particularly with the application of Ceteris Paribus (CP) law, has been critically addressed in this article, with Sierra Leone as a case example. Sierra Leone (...) is a complex economy and issues surrounding the assumption of CP has been brought to the fore, with a view of the political economy structure being made transparent so as to make it possible for economists to address critical issues surrounding corruption (exogenous factors), not accounted for in econometric modelling. This is not necessarily that which is considered as the most obvious, with the use of CP concept, for example, the influence of naturally occurring incidents like adverse weather conditions, flooding and earthquakes. (shrink)

Historians and philosophers of science have examined the relationship between language and practice for a long time. Scholars have made important contributions to the field by attending to the social, cultural and economic contexts in which scientific paradigms are created and re-created. However, this article posits that while it is true that scientific practice and the artifacts they generate are both socially and discursively constructed and therefore, inextricable from the human contexts that produce them, these artifacts are not only texts (...) to be deciphered, but material things. This essay shows that the recalcitrant material dimension of my case study, a robotic moth, shapes the results of an experiment into the laws of aerodynamics in ways incommensurate with exclusively textual and/or rhetorical critiques. (shrink)

In addition to its obvious successes within the kinetic theory the ideal gas law and the modeling assumptions associated with it have been used to treat phenomena in domains as diverse as economics and biology. One reason for this is that it is useful to model these systems using aggregates and statistical relationships. The issue I deal with here is the way R. A. Fisher used the model of an ideal gas as a methodological device for examining the causal role (...) of selection in producing variation in Mendelian populations. The model enabled him to create the kind of population where one could measure the effects of selection in a way that could not be done empirically. Consequently we are able to see how the model of an ideal gas was transformed into a biological model that functioned as an instrument for both investigating nature and developing a new theory of genetics. (shrink)

This paper provides an empirical study of Italian ‘boutique law firms’. By building on seventeen semi-structured interviews with lawyers, the paper explores institutional, professional, and societal features of such firms and their lawyers. The article shows that, while the rise of large law firms triggered a partitioning of the Italian legal field in the past decades, more recently this small, but economically important, sector of the profession revived the classic model of delivering legal services characterised by a strong sense of (...) autonomy and independence, a client-centered but ethically robust approach to legal practice, a close relationship with academic and political environments, and a focus on projecting a professional image of themselves and their firms in society. These are, in other words, the last bastion of professionalism and are increasingly gaining an important role in the Italian field. (shrink)

Now that complex Agent-Based Models and computer simulations spread over economics and social sciences - as in most sciences of complex systems -, epistemological puzzles (re)emerge. We introduce new epistemological tools so as to show to what precise extent each author is right when he focuses on some empirical, instrumental or conceptual significance of his model or simulation. By distinguishing between models and simulations, between types of models, between types of computer simulations and between types of empiricity, (...) section 2 gives conceptual tools to explain the rationale of the diverse epistemological positions presented in section 1. Finally, we claim that a careful attention to the real multiplicity of denotational powers of symbols at stake and then to the implicit routes of references operated by models and computer simulations is necessary to determine, in each case, the proper epistemic status and credibility of a given model and/or simulation. (shrink)

How to accommodate diverse religious practices and laws within a secular framework is one of the most pressing and controversial problems facing contemporary European public order. In this provocative contribution to the subject, Lorenzo Zucca argues that traditional models of secularism, focusing on the relationship of state and church, are out-dated and that only by embracing a new picture of what secularism means can Europe move forward in the public reconciliation of its religious diversity.The book develops a new (...) model of secularism suitable for Europe as a whole. The new model of secularism is concerned with the way in which modern secular states deal with the presence of diversity in the society. This new conception of secularism is more suited to the European Union whose overall aim is to promote a stable, peaceful and unified economic and political space starting from a wide range of different national experiences and perspectives. The new conception of secularism is also more suited for the Council of Europe at large, and in particular the European Court of Human Rights which faces growing demands for the recognition of freedom of religion in European states. The new model does not defend secularism as an ideological position, but aims to present secularism as our common constitutional tradition as well as the basis for our common constitutional future. (shrink)

Examining the ways and extent to which systemic factors affect health outcomes with regard to quality, affordability and access to curative healthcare, this explorative book compares the relative merits of tax-funded Beveridge systems and insurance-based Bismarck systems. The Law and Policy of Healthcare Financing charts and compares healthcare system outcomes throughout 11 countries, from the UK to Colombia. Thematic chapters investigate the economic and legal explanations for the relevant similarities, variations and trends across the globe. Concluding that systemic factors may (...) be less significant than previously believed, this comprehensive book notes that no one system consistently outperforms the others, yet incentives and funding improvements may lift performances across all curative healthcare systems. Analytical and comparative, this book will be of interest to academics working in the fields of health law and health economics. Public authorities including health ministries, policymakers and international health organisations will also find this to be an invaluable resource. (shrink)

We propose a construct, the Trust Triangle, that highlights three primary mechanisms that provide ex post accountability for opportunistic behavior and motivate ex ante trust in economic relationships. The mechanisms are a society’s legal and regulatory framework, market-based discipline and reputational capital, and culture, including individual ethics and social norms. The Trust Triangle provides a framework to conceptualize the relationships between trust, corporate accountability, legal liability, reputation, and culture. We use the Trust Triangle to summarize recent developments in the empirical (...) finance literature that examine how trust is formed and how trust, or its absence, affects financial markets, firm performance, and the incidence of financial fraud. To date, most studies examine only one leg of the Trust Triangle in isolation. The evidence, however, indicates that all three legs of the Trust Triangle have first-order effects on a wide range of financial outcomes and that they are interrelated. Attempts to model trust and trustworthiness that do not incorporate all three aspects of the Trust Triangle will therefore miss essential aspects of the basic economic problem of how counterparties overcome the risks of moral hazard, asymmetric information, and opportunism to engage in mutually beneficial exchange and production activities. We focus especially on culture-related mechanisms, a recently developed area in empirical finance research that has potential to influence the more established research on laws and reputation. (shrink)

In this volume, Charles Kindleberger makes a powerful case against the idea that any one model could be used to unlock the basic secret of economic history. It is essentially an exercise in methodology, addressed to economists and economic historians alike. He argues that too many economists discover a relationship or a uniformity in economic behaviour, develop a model, and use it to explain more than it is capable of, including, on occasion, all economic behaviour. These lectures discuss four ' (...) class='Hi'>laws' in economics to show how uniformities can illuminate economic history in particular aspects. They illustrate the view that the economist or economic historian seeking to test analysis against historical data should have a variety of different models, and not just one. The implication is that however scientific and technical the tools, choosing them carefully to fit particular circumstances is itself an art. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 11.2 (2003) 185-193 [Access article in PDF] Response to Marja Heimonen, "Music Education and Law:Regulation as an Instrument" Raimo Siltala University Of Helsinki, Finland From a legal point of view, Marja Heimonen's dissertation and the extract published in this issue of PMER, "Music Education and Law: Regulation as an Instrument," presents a most important question: Should music education be regulated by law, and if (...) so, by what kind of legal instruments—by strict legal rules, by softer legal standards, by self-regulation, or by leaving the matter to the laissez-faire and "invisible hand" of the market, where economic efficiency takes over from legal regulation? Heimonen's dissertation is to my knowledge the very first of its own kind, combining elements from music education and the law and, indeed, legal philosophy in an imaginative and highly original manner. Her scholarly position between music education and law is a courageous one because she might invite critical comments equally from the two branches of science involved: the music educational and the legal philosophical one. Yet, she has a gained a profound understanding of the specific needs of music education and of the restrictions of law and legal regulation, and the two-sided approach is really one of the true strengths, and not weaknesses, of the scholarly work. Her approach strives mainly at a broad hermeneutical comprehension of the issue in the humanistic [End Page 185] tradition, but there are other elements involved, as well, related to the analytical or instrumental tradition.There is a large legal comparative part in the treatise, covering approximately one third of the whole thesis, with material drawn from Sweden, England, Germany, and Finland and the system of music education in each. The three legal systems have been chosen with good discretion: one with a common law background (England), one belonging to the Roman-Germanic tradition (Germany), and one from the Scandinavian legal tradition (Sweden), and the Finnish system of music education is then compared to all of them. The Swedish model is based on equal opportunity given to all the applicants with no entrance examinations held and as many willing children accepted to the music schools as is possible. The British system, or rather a "non-system," of music education is privately owned and market-based, with only a few regulations issued by the government and with an emphasis on the visiting peripatetic teachers, voluntary Saturday music schools, and the special schools founded for the musically talented. The German system, like the one in Finland, is based on formal entrance examinations and degrees passed, where both a professional career in music performance and artistic self-expression may be pursued as the primary goal of music education."The Swedes have Abba and Roxette, we the Finns have Kaija Saariaho and Ralf Gothoni"—along with Esa-Pekka Salonen and other world-class conductors, one might add—as Heimonen notes in the text, but why is that so? Does the difference in the outcome, in the sense of a breakthrough either in popular music groups or individual performers in classical music, lie in the system of music education and the legislative ideology at the back of it? Heimonen refuses to give a simple and straightforward answer to that question, declining to place the various systems of music legislation in an order of preference. Instead, she adopts a broadly humanistic and hermeneutical perspective to the issue, where the merits and the disadvantages of each legal system are taken on an individual basis. The Shakespearean question that is so boldly put forth by her, "viz. to regulate or not to regulate," is answered only with reference to a widely humanistic understanding of the complex issue of music education where the intrinsic values of artistic self-expression and the instrumental values of training future professionals in music performance, composing, and conducting, are contrasted with other, but where no winners or losers are identified by her.There would seem to be a connection between a certain legal system and its model of... (shrink)

Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good outcomes. (...) It holds that there are constraints on promoting the good. Such constraints may be overridden only if enough good is at stake. While moderate deontology conforms to prevailing moral intuitions and legal doctrines, it is arguably lacking in methodological rigor and precision. Eyal Zamir and Barak Medina argue that the normative flaws of economic analysis can be rectified without relinquishing its methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. They discuss various substantive and methodological choices involved in modeling deontological constraints. Zamir and Medina propose to determine the permissibility of any act or rule infringing a deontological constraint by means of mathematical threshold functions. Law, Economics, and Morality presents the general structure of threshold functions, analyzes their elements and addresses possible objections to this proposal. It then illustrates the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, antidiscrimination law, the fight against terrorism, and legal paternalism. (shrink)

Management of the renewable natural resources in Madagascar is gradually being transferred to the local communities, particularly that of forest resources. However, these local communities are struggling to assess the consequences of management plans that they themselves must develop and implement on ecologically, economically and socially sustainable grounds. In order to highlight key aspects of different management options beforehand, we have developed MIRANA, a computer model to simulate various scenarios of management plan implementation. MIRANA differs from other simulation models (...) by not only taking into account individual practices and economic exchanges, but also by accounting for the applicable regulations. These regulations are taken into consideration by means of a multiplicity of normative structures within a spatial context. The objective of this paper is to describe the representations of institutions, norms and territories proposed by MIRANA and to discuss these representations in relation to the state of the art in the field of normative multi-agent systems. (shrink)

"Law and Economics has become an established field worldwide and it may be argued that it is one of the few examples of a successful interdisciplinary project. This book explores whether, or to what extent, that interdisciplinarity has indeed been a success. It provides insights on the foundations and methods, achievements and challenges of Law and Economics, at a time when both the continuing challenges to academic economics and the growth of empirical legal studies raise questions about the identity and (...) possible further developments of the project. Through a combination of reflections on long-term trends and detailed case studies on current developments, contributors to this volume analyse whether and in which sense Law and Economics is a successful interdisciplinary endeavour. Inspired by insights from the philosophy of social sciences, the book shows how concepts travel between legal scholarship and economics, how they change meanings when applied elsewhere, how economic theories and models inform, and transform, judicial practice, and addresses whether the transfers of knowledge between economics and law are symmetrical exchanges between the two disciplines"--. (shrink)

Walras' law is a central tenet of economic theory. For mainstream economics, it is a 'plausibility check' for model-building; for heterodox economists, the refutation of Walras' law is key to understanding Keynes' revolutionary contribution to a new economic paradigm. The purpose of this short research note is to elaborate on the possibility of a refutation of Walras' law and to inquire into its preconditions. It will be argued that this can be achieved on the basis of an alternative pre-analytic vision (...) of a genuine monetary economy as foreshadowed by John Maynard Keynes. (shrink)

This book provides a methodological perspective on understanding the essential roles of econometric models in the theory and practice. Offering a comprehensive and comparative exposition of the accounts of models in both econometrics and philosophy of science, this work shows how econometrics and philosophy of science are interconnected while exploring the methodological insight of econometric modelling that can be added to modern philosophical thought. The notion of structure is thoroughly discussed throughout the book. The studies of the consumption (...) function of Trygve Haavelmo, Richard Stone, Milton Friedman, David Hendry and Robert Lucas are taken as the case studies to investigate their methodological implications of model and structure. In addition to the semantic view of the scientific theories, various philosophical accounts concerning scientific models are used to shed light on the methodological nature of these consumption studies in economics. This book will be of great interest to scholars and students of methodology of economics and econometrics as well as anyone interested in the philosophy of science in an economic context. (shrink)

The author characterizes the model of rationality devised by critical rationalism in opposition to the classic model of rationality and as an alternative to this. He illustrates and criticizes the trichotomous theory of knowledge which, going back to Max Scheler, is received in a secularized version by Habermas and Apel, also under the influence of the hermeneutic tradition of Heidegger and Gadamer and of the so-called “critical theory” of Max Horkheimer and Theodor Adorno. The author criticizes historicism as it expects (...) to be an alternative to naturalism and not to make use of the method based on scientific laws. The author proposes as an example of technological social science the model developed in economics starting from Adam Smith. With regard to legal theories, natural law is rejected because of its sociomorphic cosmology. It is proposed that legal science as social technology has two parts. One part aims at efficient interpretations of valid law (for the space-time region concerned) and a second part aims at the construction of efficient norms for the modification of valid law by legislation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 11.2 (2003) 185-193 [Access article in PDF] Response to Marja Heimonen, "Music Education and Law:Regulation as an Instrument" Raimo Siltala University Of Helsinki, Finland From a legal point of view, Marja Heimonen's dissertation and the extract published in this issue of PMER, "Music Education and Law: Regulation as an Instrument," presents a most important question: Should music education be regulated by law, and if (...) so, by what kind of legal instruments—by strict legal rules, by softer legal standards, by self-regulation, or by leaving the matter to the laissez-faire and "invisible hand" of the market, where economic efficiency takes over from legal regulation? Heimonen's dissertation is to my knowledge the very first of its own kind, combining elements from music education and the law and, indeed, legal philosophy in an imaginative and highly original manner. Her scholarly position between music education and law is a courageous one because she might invite critical comments equally from the two branches of science involved: the music educational and the legal philosophical one. Yet, she has a gained a profound understanding of the specific needs of music education and of the restrictions of law and legal regulation, and the two-sided approach is really one of the true strengths, and not weaknesses, of the scholarly work. Her approach strives mainly at a broad hermeneutical comprehension of the issue in the humanistic [End Page 185] tradition, but there are other elements involved, as well, related to the analytical or instrumental tradition.There is a large legal comparative part in the treatise, covering approximately one third of the whole thesis, with material drawn from Sweden, England, Germany, and Finland and the system of music education in each. The three legal systems have been chosen with good discretion: one with a common law background (England), one belonging to the Roman-Germanic tradition (Germany), and one from the Scandinavian legal tradition (Sweden), and the Finnish system of music education is then compared to all of them. The Swedish model is based on equal opportunity given to all the applicants with no entrance examinations held and as many willing children accepted to the music schools as is possible. The British system, or rather a "non-system," of music education is privately owned and market-based, with only a few regulations issued by the government and with an emphasis on the visiting peripatetic teachers, voluntary Saturday music schools, and the special schools founded for the musically talented. The German system, like the one in Finland, is based on formal entrance examinations and degrees passed, where both a professional career in music performance and artistic self-expression may be pursued as the primary goal of music education."The Swedes have Abba and Roxette, we the Finns have Kaija Saariaho and Ralf Gothoni"—along with Esa-Pekka Salonen and other world-class conductors, one might add—as Heimonen notes in the text, but why is that so? Does the difference in the outcome, in the sense of a breakthrough either in popular music groups or individual performers in classical music, lie in the system of music education and the legislative ideology at the back of it? Heimonen refuses to give a simple and straightforward answer to that question, declining to place the various systems of music legislation in an order of preference. Instead, she adopts a broadly humanistic and hermeneutical perspective to the issue, where the merits and the disadvantages of each legal system are taken on an individual basis. The Shakespearean question that is so boldly put forth by her, "viz. to regulate or not to regulate," is answered only with reference to a widely humanistic understanding of the complex issue of music education where the intrinsic values of artistic self-expression and the instrumental values of training future professionals in music performance, composing, and conducting, are contrasted with other, but where no winners or losers are identified by her.There would seem to be a connection between a certain legal system and its model of... (shrink)

There is an embarrassing polarization of opinions about the status of economics as an academic discipline, as reflected in epithets such as the Dismal Science and the Queen of the Social Sciences. This collection brings together some of the leading figures in the methodology and philosophy of economics to provide a thoughtful and balanced overview of the current state of debate about the nature and limits of economic knowledge. Authors with partly rival and partly complementary perspectives examine how abstract (...) class='Hi'>models work and how they might connect with the real world, they look at the special nature of the facts about the economy, and they direct attention towards the academic institutions themselves and how they shape economic research. These issues are thus analysed from the point of view of methodology, semantics, ontology, rhetoric, sociology, and economics of science. (shrink)

Three metascientific concepts that have been object of philosophical analysis are the concepts oflaw, model and theory. The aim ofthis article is to present the explication of these concepts, and of their relationships, made within the framework of Sneedean or Metatheoretical Structuralism (Balzer et al. 1987), and of their application to a case from the realm of biology: Population Dynamics. The analysis carried out will make it possible to support, contrary to what some philosophers of science in general and of (...) biology in particular hold, the following claims: a) there are "laws" in biological sciences, b) many of the heterogeneous and different "models" of biology can be accommodated under some "theory", and c) this is exactly what confers great unifying power to biological theories. (shrink)

This chapter contains sections titled: An Economic Model of Carroll Towing Relaxing the Model's Initial Assumptions Efficiency as a Norm Some Limitations of Law and Economics Conclusion References.

This paper constitutes my first attempt publicly to comment on Nancy Cartwright’s philosophy of science. That I have not done this earlier is primarily due to the great similarities in our views on topics where our interests overlap.2 But Cartwright’s work also covers topics I have never seriously considered, such as the use of linear models in economics and the measurement problem in quantum mechanics. Even the subject of probabilistic causation, to which I once contributed, is not one I (...) now feel confident in examining in any detail. I will concentrate, therefore, on her views regarding the nature of scientific theories, laws, models, and causality in general – topics at the forefront of my own current thinking. More specifically still, I will focus on the picture of classical mechanics she presents in The Dappled World (1999). (shrink)

The right to be secure from torture, a right that encompasses moral as well as legal strictures against the practice, is supported by increasingly stringent human rights instruments. In this essay, I have discussed the principal instruments and their place in the anti-torture field considered broadly. The phenomenon of these international instruments foreshadows an ever-widening range of legal initiatives against torture, and is emblematic of the increasing importance attached to respect for human life and human dignity. The diversity of international (...) treaties providing against torture such as, for example, The Convention on the Prevention and Punishment of the Crime of Genocide (1948), The Supplementary Convention on the Abolition of Slavery (1956), The International Convention on the Elimination of All Forms of Racial Discrimination (1965), and The International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), indicates the interconnectedness of a wide range of human rights issues.The boundaries that have been drawn around the violation constituted by torture are clearer at present than are those bounding many other rights. Rights commonly categorized as of an economic nature - the right to food and to development, for example - are undergoing processes of definition and implementation. One challenge of this paper is to generate procedures presently attached to such specific human rights violations as torture to rights with less clear parameters. In this way, the growing effectiveness of procedures against torture can serve in the long term to strengthen the bases of international human rights law while in the short term helping to expand the armory of procedures for the protection of less clearly-defined, rights. International human rights law offers a practical tool towards eliminating torture from states' instruments for governing and provides a model for the development of procedures in other categories of rights, while bringing universally declared moral aspirations and legal authority into closer alignment. (shrink)

Tokenistic short-term economic success is not good indicia of long-term success. Sustainable business success requires sustained existence in a corporation's political, economic, social, technological, legal and environmental contexts. Far beyond the traditional economic focus, consumers, governments and public interest groups alike increasingly expect the business sector to take on more social and environmental responsibilities. Corporate social responsibility (CSR) is the model in which economic, social and environmental responsibilities are fulfilled simultaneously. However, there is insufficient empirical evidence that demonstrates genuine widespread (...) adoption of CSR in practice, and its underlying reasons. Though research in CSR has been rapidly growing, its commercial reality and implications need to be further improved if it is to inspire corporations to voluntarily adopt CSR. In the literature, Carroll's four-dimensional (economic, legal, ethical and discretionary) CSR framework offers a theoretical basis for developing an empirically based model to explain why and how profit-motivated managers take up CSR voluntarily. Our study has developed a structural equation model to identify the key factors and their interactions that influence economically motivated managers to take on voluntary CSR, and validate Carroll's four-dimensional construct. The results support Carroll's four-dimensional CSR framework, with the exception of the link pertaining to the relationship between economic and discretionary/voluntary responsibility. This characterises the economic reality that financial market-driven economic responsibility does not automatically translate into social responsibility. Nevertheless, the empirical results demonstrate that corporations can be led to engage in more voluntary CSR activities to achieve social good when appropriate legal and ethical controls are in place. (shrink)

Modelling became one of the primary tools of economic research in the 20th century and economists understand their mathematical models as giving some kind of representation of the economic world, one adequate enough for the purpose of reasoning about that world. But when we look at examples of how non-analogical models were first built in economics, both the process of making representations and aspects of the representing relation remain opaque. Like early astronomers, economists have to imagine how the (...) hidden parts of their world are arranged and to make images, that is, create models, to represent how they work. The case of the Edgeworth Box, a widely used model in 20th century economics, provides a good example to explore the role of imagination and images in the process of making representations of the economy. (shrink)

Economic forms of analysis have penetrated to many disciplines in the last 30 years: political science, sociology, law, social and political philosophy, and so forth. We wish to extend the economic paradigm to certain problems in epistemology and the philosophy of science. Scientific agents, and scholarly inquirers generally, act in some ways like vendors, trying to "sell" their findings, theories, analyses, or arguments to an audience of prospective "buyers". The analogy with the marketplace is imperfect. The ideas or discoveries that (...) a scientist offers are not private goods in the economist's sense. Nonetheless, there are parallels with the marketplace that are worth exploring. (shrink)

Stipulating universal propositions with a ceteris paribus clause is normal practice in science and especially in economics. Yet there are several problems associated with the use of ceteris paribus clauses in theorising and in policy matters. This paper first investigates three questions: how can ceteris paribus clauses be non-vacuous? How can ceteris paribus laws be true? And how can they help in formulating successful policy interventions in a diversity of contexts? It turns out that ceteris paribus clauses are not (...) always used legitimately. They are meant to fence off a theory from disturbing factors, but economists who do not specify the clause well enough tend to fence variables in rather than off. In such cases, it would be better to use theoretical abstraction, which is something very different from the use of ceteris paribus clauses. However, abstract theorising conceptually leads one away from the concrete detail of real world situations in which policies take place. Hence, a fourth question arises: how can policy interventions be properly designed on the basis of abstract laws? To answer this question, I defend interdisciplinarity in concept choice. (shrink)

The scientific methodology underlying model-building is critically investigated. The modeling views of Popper and Samuelson and their prototypes are critically examined in the light of the theme of the moral law of unity of knowledge and unity of the world-system configured by the meta-epistemology of organic unity of knowledge. Upon such critical examination of received methodology of model-building in economics, the extended perspective?namely of integrating the moral law derived from the divine roots as the meta-epistemology?is rigorously studied. The example of (...) the Islamic prerogative in interpreting the holistic world-system through model-building in economics is highlighted. A religio-philosophical approach is adopted to exemplify some approaches in Islamic model-building. An especial focus is placed here on grassroots types of financing and activities. The critique of these models within the existing Islamic scholarship is carried out. The result is new dimensions of macroeconomic analysis that emanate in a logical way from the meta-epistemological approach, and oppose the mainstream ideas, both in received and Islamic economic thinking as of now. (shrink)

István Hont identified a point in the history of political thought at which republicanism and commercialism became separated. According to Hont, Emmanuel Sieyès proposed that a monarchical republic should be formed. By contrast the Jacobins, in favour of a republic led by the people, rejected not only Sieyès’s political proposal, but also the economic ideology that went with it. Sieyès was in favour of a commercial republic; the Jacobins were not. This was, according to Hont, a defining moment in the (...) history of political thought. In this article, I offer a different analysis of that particular moment in the history of the commercial republic, one that instead of focusing on Sieyès and the Jacobins, looks at the thought of Girondins philosophers Nicolas de Condorcet and Sophie de Grouchy. I argue that their arguments provide sound models for a commercial republic, reconciling late 18th century republican ideals in which virtue was central, with the need for a flourishing and internationally active market economy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Utopia and Modernity in China: Contradictions in Transition ed. by David Margolies and Qing CaoArtur BlaimDavid Margolies and Qing Cao, eds. Utopia and Modernity in China: Contradictions in Transition. London: Pluto Press, 2022. 176 pp. Paperback, £19.99, ISBN 978 0 7453 4739 4In recent years, numerous publications have appeared focusing on the until now little known non-Western utopias and utopianism.1 Utopia and Modernity in China is a most (...) welcome addition, offering a highly informative survey of Chinese utopias and utopianism combined with an insightful discussion of their formative role in the making of modern China. The book consists of seven chapters introducing different aspects of the opposition of utopia and modernity as exemplified by various cultural productions and their impact on the social and political life of the country. Its publication has acquired a special relevance today not only due to China’s increasingly major role in the contemporary world, but also in connection with its official support of the [End Page 143] Russian invasion of Ukraine, contradicting its repeatedly declared adherence to the principles of international law and the ideals of national sovereignty, noninterference, and harmony in international affairs.Although the term utopia appeared in Chinese discourse only at the end of the nineteenth century, the idea of a radically better society has always existed in China, assuming different forms and shapes. The contributors to the volume trace the functioning of the broadly conceived phenomenon of utopian thinking in various domains of Chinese cultural, social, and political life, paying special attention to literary and cinematic works. The declared aims of the book are not only cognitive but also pragmatic as the editors believe that recent Chinese history involving “fundamental conflict of values,” the country’s experiences with economic systems that fail to supply the needs of the population, and the emergence of a society based on inequality, can be seen as highly relevant in the Western context also, to the extent that—as the editors convincingly argue—it “can provide English-language readers with a perspective useful for making sense of their own condition” (2).The editors see the opposition of utopia and modernity as less significant in the Western context than in China, where modernity became essential for preserving the integrity of the state torn by the conflict between the traditional values of nonconfrontation and continuity and the urgent need for significant change. Unlike in the West, where the dominant view of modernity was largely influenced by the Platonic model of the society in which the class of rulers was protected by the military class controlling the rest of the population, the Confucian model of social relations prevalent in China was based—at least in theory—on the principle of harmony rather than force. Other factors defining the Chinese variety of utopianism were Taoism, emphasizing the importance of nature and “The Way,” and Buddhism, advocating the limitation of needs and control of desires. The editors see this as “the reverse of the West’s view: for China, utopia (in the aspect of harmony) is the expectation, the desired normal, while modernity is the disrupter” (4) which is responsible for the predominance of the nostalgic utopia looking backwards to the idealized harmony of the past. The revolutions taking place in China in the twentieth century led to the decline of traditional ideals and brought with them experiments with the implementation of various Western ideologies, ranging from liberalism and democracy to socialism and communism. As a result, there are three main tendencies in the value system of contemporary China: orthodox communism, market-based liberalism, and [End Page 144] values derived from traditional Chinese culture. Nevertheless, the state continues to be generally seen in Confucian terms as an extension of the family based on moral authority rather than as “necessary evil.”The first chapter, “The Lure of Utopia: Reinterpreting Liang Qichao’s Xinmin Shuo, 1902–1906,” proposes a new perspective on the ideas of Liang Qichao, a highly influential early twentieth-century political activist, journalist, and intellectual, by focusing on the ways in which he advanced a utopian vision of the West as a radical alternative to the traditional Chinese social views. Liang... (shrink)

Social life is changing very fast. People are trying to find out reasons of living in a safe society and understand their role in it. The ‘wrong’ and ‘right‘ models of the social life, state and law systems are appearing. In the XXth century, one of them – socialism – made suggestion how to solve social problems, determinated of capitalism. This work deals with the situation of Lithuanian social thought in the Republic of Lithuania (1900-1940). In the article, the (...) standpoint of catholics of socialism is reflected. Catholics displayed socialism as a system, which accumulated many distorted images about human nature, motivations of human behavior, society and its functionating. Considering the society being an organic totality of individuals, but not a faceless mass, and an individual being a personality having natural rights to be respected, but not considered as a little screw without any rights in the state machine, with whom any experiments may be performed, they disclosed Utopia of the idea, proposed by socialists, of the possibility of a perfect society creation by the only preliminarily arranged correct plan,. For this purpose to be achieved, they constructed a model of socialist economy and then destroyed it, demonstrating economical unefficiency of this system. In this manner, intellectuals warned Lithuania and its people about the destructiveness of the realization of such an experiment. In spite of criticism of socialism, some intellectuals, such as A. Maceina, S. Šultė and S. Šalkauskis, appeared to be rather respective to the new social ideas and did not distinguish any social economic system as the best and only one. They thought that all the world, including Lithuania, has to create a new social life and take as a base the progressive ideas of socialism and capitalism. According to the opinion of the catholics, the most reliable way to a safe sočiety and economical welfare passes through the cooperation of individuals and state’s duty to create right laws. Ideological spirit was the main obstacle for the intellectuals to recognize trends of socialism by their aims and methods. That is the reason, why socialism was identified as bolsevism. However, the expression of the intellectuals’ opinion about socialism, its ideological herritage and perspectives enriches the research of the Lithuanian legal phylosophical and political thought and allows to understand better the ideological development of socialism and to define its competence and limits of validity in the contemporary world. Valuable ideas may be fruitfully used in creating a democratic society, social state and the rule of law. (shrink)

The sole available comprehensive history of social law and the model of social welfare in Germany. The book explains the origins since the medieval times, but concentrates on the 19th and 20th centuries, especially on the introduction of the social insurance 1881-1889, of the expansion of the system in the Weimar Republic, under the Nazi-System and after World War II in the FRG and the GDR. The system of social welfare in Germany is one of the pillars of economic stability.

The widespread and long-lived failings of academic economics are due to an over-reliance on largely inappropriate mathematical methods of analysis. This is an assessment I have long maintained. Many heterodox economists, however, appear to hold instead that the central problem is a form of political-economic ideology. Specifically, it is widely contended in heterodox circles that the discipline goes astray just because so many economists are committed to a portrayal of the market economy as a smoothly or efficiently functioning system or (...) some such, a portrayal that, whether sincerely held or otherwise, is inconsistent with the workings of social reality. Here I critically examine the contention that a form of political-economic ideology of this sort is the primary problem and assess its explanatory power. I conclude that the contention does not fare very well. I do not, though, deny that ideology of some sort has a major impact on the output of the modern economics academy. However it is of a different nature to the form typically discussed, and works in somewhat indirect and complex ways. Having raised the question of the impact of ideology I take the opportunity to explore its play in the economics academy more generally. (shrink)

Chapter 5 is an essay on the methodology of equilibrium theory. In the course of examining recent controversies concerning lawlike claims and "assumptions" in economic theory, I reach a position similar to J. S. Mill's. Neo-classical economics is what Mill would call "a separate science." It follows a deductive method, since its basic laws supported by everyday experience. In its general equilibrium formulation, equilibrium theory possesses, however, no explanatory worth and very little explanatory importance, since its idealizations are not (...) legitimate. General equilibrium theory ought fundamentally to be regarded as an explanation of how economic equilibrium is possible. ;In conclusion I argue that Sraffa's contribution is a legitimate form of economic theorizing. Those methodological views, like Lionel Robbins', which would proscribe the sort of piecemeal theorizing Sraffa exemplifies, are, as methodological strictures, unjustified. In fact they involve an ideological distortion. Given the weaknesses in general equilibrium theory identified in Chapters 3 and 5, one has good reason to be eclectic. The Austrian theory, despite the Cambridge criticisms, may be useful in some investigations. A much more segmented economics built around Sraffa's work may have a great deal to teach us. Theories of capital, interest and exchange value currently are underdeveloped, unsupported, and subject to ideological influence. ;In Chapter 3 one special formulation of intertemporal general equilibrium theory is examined. I argue that general equilibrium theory may be taken as a theory of the rate of interest to which the Cambridge criticisms do not apply. Puzzles remain, however, concerning both the apparently lawlike claims and the unrealistic stipulations concerning background conditions that general equilibrium theory makes. ;In Chapter 4 Sraffa's system in The Production of Commodities by Means of Commodities is presented and tentatively assessed. I argue that it is consistent with equilibrium theory, but may be combined with other claims that are not consistent with equilibrium theory. What is puzzling but, I argue, methodologically legitimate in Sraffa's work is that he takes as givens factors like the composition of output, that are themselves subject to further economic analysis. Sraffa's work, when properly understood, can prove valuable to Marxian economists. ;Chapter 1 establishes a contrast between physical cost and marginal utility theories of exchange value and examines why issues concerning capital and interest are theoretically central to both theories. I point out that physical cost theories of value are not tenable. ;Chapter 2 is concerned with simplified aggregate capital theories, especially Wicksell's Austrian theory of capital, and with the Cambridge criticisms of such theories. The Cambridge criticisms show, I conclude, that aggregative capital theories make unwarranted economic claims. ;This dissertation examines from both an economic and a philosophical perspective controversies concerning the theory of capital and interest and the relationship of capital and interest to exchange value. The fundamentals of the neo-classical and neo-Ricardian approaches to economic theory are made explicit and compared. The neo-Ricardian approach is partially defended. (shrink)

Tax law is a technical area of law which does not seem to be culturally specific. It is thus seen as easily transferable between different societies and cultures. However, tax law is also based on definitions and notions which are not universal. So, is tax law universal or particular? Is it indeed easily transferable between different societies? And in what ways does tax law reflect ethnic or cultural rather than economic differences? This Article seeks to answer these questions by analyzing (...) one specific example — the history of income tax legislation in Mandatory Palestine. This history reveals the dual nature of income taxation. On the one hand, the Income Tax Ordinance which was enacted by the British in Palestine in 1941 was based on a one-size-fits-all colonial model, and the lawyers involved in its enactment, in Palestine and in the Colonial Office in London, made relatively little effort to adapt it to local conditions. On the other hand, other actors — the officials, politicians and businessmen involved in the initial debate about the imposition of income taxation in Palestine in the 1930s, and the administrators involved in the application of the specific rules of the Ordinance after it was enacted in the 1940s — were aware of the need to adapt the law to the specific conditions of Palestine. Thus, while on a formal level the Ordinance seems to represent a process in which the tax law of Palestine converged with that of other British colonies, once we expand our framework and examine not just law in the books, but also law in action, and actors such as politicians and administrators, we discover that particular local conditions were an important factor in the enactment and application of the Palestine Income Tax Ordinance. The study of the process of transplantation, the Article concludes, should therefore focus not only on the formal norms being transplanted, but also on the role of the different non-legal actors involved in the process. (shrink)

Few aspects of social behavior tell us more about a culture than those practices that involve the roles it assigns to models and copies. Under interpretation, such conduct reveals its attitudes toward authority and antiquity, its sense of identity and regard for security, and the relative importance that it attached to imitation and invention. To varying degrees, all societies display these concerns, but in none were they so firmly grounded in a considered theory of the relation between prototype and (...) derivative as they were in Byzantium. An example from the domain of law will illustrate, though not explain, this cultural difference. As against the Roman tradition in which the use of copies as evidence in court was prohibited, at least from the tenth century on Byzantine tribunals accepted the legitimacy of certified copies of documents. The very word used for an official copy—ison, meaning equal— suggests the conceptual distinction between it and the terms copie, Kopie, kopiya, and so on, in modern languages, all derived from the Latin word for abundance. (shrink)

Over the past twenty years, economic theory has begun to play a central role in antitrust matters. In earlier days, the application of antitrust rules was viewed almost entirely in formal terms; now it is widely accepted that the proper interpretation of these rules requires an understanding of how markets work and how firms can alter their efficient functioning. The Handbook of Antitrust Economics offers scholars, students, administrators, courts, companies, and lawyers the economist's view of the subject, describing the application (...) of newly developed theoretical models and improved empirical methods to antitrust and competition law in both the United States and the European Union. After a general discussion of the use of empirical methods in antitrust cases, the Handbook covers mergers, agreements, abuses of dominance, and market features that affect the way firms compete. Chapters examine such topics as analyzing the competitive effects of both horizontal and vertical mergers, detecting and preventing cartels, theoretical and empirical analysis of vertical restraints, state aids, the relationship of competition law to the defense of intellectual property, and the application of antitrust law to "bidding markets," network industries, and two-sided markets.ContributorsMark Armstrong, Jonathan B. Baker, Timothy F. Bresnahan, Paulo Buccirossi, Nicholas Economides, Hans W. Friederiszick, Luke M. Froeb, Richard J. Gilbert, Joseph E. Harrington, Jr., Paul Klemperer, Kai-Uwe Kuhn, Francine Lafontaine, Damien J. Neven, Patrick Rey, Michael H. Riordan, Jean-Charles Rochet, Lars-Hendrick Röller, Margaret Slade, Giancarlo Spagnolo, Jean Tirole, Thibaud Vergé, Vincent Verouden, John Vickers, Gregory J. WerdenPaolo Buccirossi is Director and Founder of Lear, a research center and an economics consulting firm in Rome, and has worked as an economic advisor at the Italian Competition Authority. (shrink)

This paper aims both to tackle the technical issue of deciphering Hobbes’s derivation of the sine law of refraction and to throw some light to the broader issue of Hobbes’s mechanical philosophy. I start by recapitulating the polemics between Hobbes and Descartes concerning Descartes’ optics. I argue that, first, Hobbes’s criticisms do expose certain shortcomings of Descartes’ optics which presupposes a twofold distinction between real motion and inclination to motion, and between motion itself and determination of motion; second, Hobbes’s optical (...) theory presented in Tractatus Opticus I constitutes a more economical alternative, which eliminates the twofold distinction and only admits actual local motion, and Hobbes’s derivation of the sine law presented therein, which I call “the early model” and which was retained in Tractatus Opticus II and First Draught, is mathematically consistent and physically meaningful. These two points give Hobbes’s early optics some theoretical advantage over that of Descartes. However, an issue that has baffled commentators is that, in De Corpore Hobbes’s derivation of the sine law seems to be completely different from that presented in his earlier works, furthermore, it does not make any intuitive sense. I argue that the derivation of the sine law in De Corpore does make sense mathematically if we read it as a simplification of the early model, and Hobbes has already hinted toward it in the last proposition of Tractatus Opticus I. But now the question becomes, why does Hobbes take himself to be entitled to present this simplified, seemingly question-begging form without having presented all the previous results? My conjecture is that the switch from the early model to the late model is symptomatic of Hobbes’s changing views on the relation between physics and mathematics. (shrink)

An overview of trends in present Continental philosophy and science. Husserl's writings are shown to prefigure the notion of a stratified structure as a model for scientific inquiry. Recent work in economics, sociology, and civil law is seen to presuppose something like Jasper's theory of the creative existential encounter. Heidegger's speculations on the nature of temporality and being-in-the-world are paralleled by several current versions of psychoanalysis. Though the influence of philosophy upon contemporary scientific movements is not claimed to be direct (...) in each instance, a convincing case is made out that those two fields are equally indicative of and contributive to a new humanistic Weltanschauung.--E. S. C. (shrink)