Confirmation and Induction
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Liberal Neutrality: a Reinterpretation and Defense*
Liberal Neutrality: A Reinterpretation and Defense* Alan Patten, Princeton University (1) Introduction After a brief ascendancy in the 1970s and `80s, the idea of liberal neutrality has fallen out of favor in recent years. A growing chorus of liberal writers has joined anti-liberal critics in arguing that there is something confused and misguided about the insistence that the state be neutral between rival conceptions of the good. Assuming we can even make sense of the idea of neutrality, these writers contend, it is a mistake to think that there is anything in liberal principles that commits the liberal state to neutrality.1 With a number of former neutralists softening their support for the idea, the rejection of neutrality is quickly becoming a consensus position, even amongst liberal political philosophers.2 According to one writer, all that remains to be done is an “autopsy” on the idea of state neutrality.3 Much of the critique of neutrality has proceeded on the basis of four assumptions. The first contrasts neutrality with perfectionism. To defend state neutrality is to deny that the state can legitimately use its power to encourage ways of life that it supposes to be valuable or to discourage ones that it regards * Earlier versions of this paper were presented at Washington University, at Queenʼs University, at the Canadian Political Science Associationʼs 2010 Annual Conference , and in a workshop at Princetonʼs University Center for Human Values. In addition to thanking the participants in and organizers of these events, I am grateful to Arash Abizadeh, Andrew Lister, Stephen Macedo, Ian MacMullen, Jonathan Quong, Ryan Pevnick, and Anna Stilz for their written feedback. -
1 Three Separation Theses James Morauta Abstract. Legal Positivism's
Three Separation Theses James Morauta Abstract . Legal positivism’s “separation thesis” is usually taken in one of two ways: as an analytic claim about the nature of law—roughly, as some version of the Social Thesis ; or as a substantive moral claim about the value of law—roughly, as some version of the No Value Thesis . In this paper I argue that we should recognize a third kind of positivist separation thesis, one which complements, but is distinct from, positivism’s analytic and moral claims. The Neutrality Thesis says that the correct analytic claim about the nature of law does not by itself entail any substantive moral claims about the value of law. I give careful formulations of these three separation theses, explain the relationships between them, and sketch the role that each plays in the positivist approach to law. [A version of this paper is published in Law and Philosophy (2004).] 1. Introduction Everybody knows that legal positivists hold that there is some kind of “separation”— some kind of distinction—between law and morality. But what exactly is this positivist separation thesis ? In what way, according to legal positivism, are law and morality distinct? There are many possible answers to this question. Legal positivism is standardly thought of as a cluster of three kinds of claims: an analytic claim about the nature of law; a moral claim about law’s value; and a linguistic claim about the meaning of the normative terms that appear in legal statements. 1 I won’t have anything to say here about the linguistic issue. -
Akrasia: Plato and the Limits of Education?
Akrasia: Plato and the Limits of Education? Colm Shanahan Submitted in fulfilment of the requirements for the Degree of Doctor of Philosophy University of Dublin, Trinity College Supervisor: Prof. Vasilis Politis Submitted to the University of Dublin, Trinity College, August 2017 Declaration I declare that this thesis has not been submitted as an exercise for a degree at this or any other university and it is entirely my own work. I agree to deposit this thesis in the University’s open access institutional repository or allow the library to do so on my behalf, subject to Irish Copyright Legislation and Trinity College Library conditions of use and acknowledgement. Signed: __________________________ Date:_____________ (Colm Shanahan) Summary In this dissertation, I shall argue for the following main claim: (1a) the motivational neutrality of reason. I will show that this concept reveals that, for Plato, (1b) reason is itself a necessary condition of the possibility of akrasia, and a central explanatory element in his account of akrasia. In presenting the soul with the capacity to take account of the whole soul, the motivational neutrality of reason seems to be the precondition of moving from having such a capacity, in a speculative manner, to generating desires and actions based upon such considerations. If this were not so, then how could the rational part of the soul, for example, put its good to one side, where such is required, to achieve the good of the whole soul? This distancing from the good associated with the rational part of the soul is precisely the grounding upon which the rational part of the soul generates the space to assess the goods of the other soul parts. -
There Is No Pure Empirical Reasoning
There Is No Pure Empirical Reasoning 1. Empiricism and the Question of Empirical Reasons Empiricism may be defined as the view there is no a priori justification for any synthetic claim. Critics object that empiricism cannot account for all the kinds of knowledge we seem to possess, such as moral knowledge, metaphysical knowledge, mathematical knowledge, and modal knowledge.1 In some cases, empiricists try to account for these types of knowledge; in other cases, they shrug off the objections, happily concluding, for example, that there is no moral knowledge, or that there is no metaphysical knowledge.2 But empiricism cannot shrug off just any type of knowledge; to be minimally plausible, empiricism must, for example, at least be able to account for paradigm instances of empirical knowledge, including especially scientific knowledge. Empirical knowledge can be divided into three categories: (a) knowledge by direct observation; (b) knowledge that is deductively inferred from observations; and (c) knowledge that is non-deductively inferred from observations, including knowledge arrived at by induction and inference to the best explanation. Category (c) includes all scientific knowledge. This category is of particular import to empiricists, many of whom take scientific knowledge as a sort of paradigm for knowledge in general; indeed, this forms a central source of motivation for empiricism.3 Thus, if there is any kind of knowledge that empiricists need to be able to account for, it is knowledge of type (c). I use the term “empirical reasoning” to refer to the reasoning involved in acquiring this type of knowledge – that is, to any instance of reasoning in which (i) the premises are justified directly by observation, (ii) the reasoning is non- deductive, and (iii) the reasoning provides adequate justification for the conclusion. -
The Law and the Brain: Judging Scientific Evidence of Intent
The Journal of Appellate Practice and Process Volume 1 Issue 2 Article 4 1999 The Law and the Brain: Judging Scientific videnceE of Intent Erica Beecher-Monas Edgar Garcia-Rill Follow this and additional works at: https://lawrepository.ualr.edu/appellatepracticeprocess Part of the Evidence Commons, Jurisprudence Commons, and the Science and Technology Law Commons Recommended Citation Erica Beecher-Monas and Edgar Garcia-Rill, The Law and the Brain: Judging Scientific videnceE of Intent, 1 J. APP. PRAC. & PROCESS 243 (1999). Available at: https://lawrepository.ualr.edu/appellatepracticeprocess/vol1/iss2/4 This document is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in The Journal of Appellate Practice and Process by an authorized administrator of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. THE LAW AND THE BRAIN: JUDGING SCIENTIFIC EVIDENCE OF INTENT Erica Beecher-Monas* and Edgar Garcia-Rill, Ph.D.** INTRODUCTION As evidentiary gatekeepers, judges must be ready to evaluate expert testimony about science and the brain. A wide variety of cases present issues of mental state, many doubtless with battling experts seeking to testify on these issues. This poses a dilemma for nonspecialist judges. How is a nonscientist to judge scientific evidence? How can a nonscientist decide if testimony about mental state meets the criteria of good science? This essay offers a general overview of the issue of evaluating scientific evidence and is aimed at exploring the issues involved, but not attempting easy answers. Of necessity, this requires thinking about how science works. -
The Intrinsic Probability of Grand Explanatory Theories
Faith and Philosophy: Journal of the Society of Christian Philosophers Volume 37 Issue 4 Article 3 10-1-2020 The Intrinsic Probability of Grand Explanatory Theories Ted Poston Follow this and additional works at: https://place.asburyseminary.edu/faithandphilosophy Recommended Citation Poston, Ted (2020) "The Intrinsic Probability of Grand Explanatory Theories," Faith and Philosophy: Journal of the Society of Christian Philosophers: Vol. 37 : Iss. 4 , Article 3. DOI: 10.37977/faithphil.2020.37.4.3 Available at: https://place.asburyseminary.edu/faithandphilosophy/vol37/iss4/3 This Article is brought to you for free and open access by the Journals at ePLACE: preserving, learning, and creative exchange. It has been accepted for inclusion in Faith and Philosophy: Journal of the Society of Christian Philosophers by an authorized editor of ePLACE: preserving, learning, and creative exchange. applyparastyle "fig//caption/p[1]" parastyle "FigCapt" applyparastyle "fig" parastyle "Figure" AQ1–AQ5 THE INTRINSIC PROBABILITY OF GRAND EXPLANATORY THEORIES Ted Poston This paper articulates a way to ground a relatively high prior probability for grand explanatory theories apart from an appeal to simplicity. I explore the possibility of enumerating the space of plausible grand theories of the universe by using the explanatory properties of possible views to limit the number of plausible theories. I motivate this alternative grounding by showing that Swinburne’s appeal to simplicity is problematic along several dimensions. I then argue that there are three plausible grand views—theism, atheism, and axiarchism—which satisfy explanatory requirements for plau- sibility. Other possible views lack the explanatory virtue of these three theo- ries. Consequently, this explanatory grounding provides a way of securing a nontrivial prior probability for theism, atheism, and axiarchism. -
Achievements and Fallacies in Hume's Account of Infinite
-1- ACHIEVEMENTS AND FALLACIES IN HUME’S ACCOUNT OF INFINITE DIVISIBILITY James Franklin Hume Studies 20 (1994): 85-101 Throughout history,almost all mathematicians, physicists and philosophers have been of the opinion that space and time are infinitely divisible. That is, it is usually believedthat space and time do not consist of atoms, but that anypiece of space and time of non-zero size, howeversmall, can itself be divided into still smaller parts. This assumption is included in geometry,asinEuclid, and also in the Euclidean and non- Euclidean geometries used in modern physics. Of the fewwho have denied that space and time are infinitely divisible, the most notable are the ancient atomists, and Berkeleyand Hume. All of these assert not only that space and time might be atomic, but that theymust be. Infinite divisibility is, theysay, impossible on purely conceptual grounds. In the hundred years or so before Hume’s Tr eatise, there were occasional treatments of the matter,in places such as the Port Royal Logic, and Isaac Barrow’smathematical lectures of the 1660’s, 1 Theydonot add anything substantial to medievaltreatments of the same topic. 2 Mathematicians certainly did not take seriously the possibility that space and time might be atomic; Pascal, for example, instances the Chevalier de Me´re´’s belief in atomic space as proof of his total incompetence in mathematics. 3 The problem acquired amore philosophical cast when Bayle, in his Dictionary, tried to showthat both the assertion and the denial of the infinite divisibility of space led to contradictions; the problem thus appears as a general challenge to "Reason". -
In Defense of the Development of Augustine's Doctrine of Grace By
In Defense of the Development of Augustine’s Doctrine of Grace by Laban Omondi Agisa Submitted to the faculty of the School of Theology of the University of the South in Partial fulfillment of the requirements for the degree of Master of Sacred Theology January 2020 Sewanee, Tennessee Approved ____________________________ _______________ Adviser Date ____________________________ _______________ Second Adviser Date 2 DECLARATION I declare that this is my original work and has not been presented in any other institution for consideration of any certification. This work has been complemented by sources duly acknowledged and cited using Chicago Manual Style. Signature Date 3 ACKNOWLEDGEMENT My study of theology was initiated in 2009 by the then Provost of St. Stephens Cathedral, Nairobi, the late Ven. Canon John Ndung’u who was a great encouragement to me. This was further made possible through my bishop the Rt. Rev. Joel Waweru and the Rev. Geoffrey Okapisi who were sources of inspiration. My studies at Carlile College (Church Army Africa) and St. Paul’s University laid a strong theological foundation and I appreciate among others the influence of the Rev. Dr. John Kiboi who introduced me to Philosophy, Systematic Theology, Ethics, and African Christian Theology that eventually became the foundation for my studies at the University of the South. I also appreciate the encouragement of my lecturers Mrs. Tabitha Waweru and Dr. Scholarstica Githinji during my Study of Education at Kenya Technical Trainers College and at Daystar University respectively. My interest in this topic came as a result of many sittings with two professors at the University of the South, Dr. -
Evidential Relevance and the Grue Paradox
科 学 哲 学31-1(1998) Evidential Relevance and the Grue Paradox Robert T. Pennock Philosophy Department The University of Texas at Austin Abstract Goodman's Grue Paradox may be intransigent as a version of the problem of induction, but may be resolved within the more lim ited context of confirmation theory in which the task is to explicate the basic notion of evidential relevance. Although the green and grue hypotheses are equivalently confirmed if we follow Goodman's use of the Hempelian instance confirmation relation, there are asym metries than can be exploited if we adopt an "ontic" confirmation theory that uses a causal notion of evidential relevance. I sort out a variety of interpretive confusions about the intended content of the definition of grue and show how the causal approach resolves each in a way that is not paradoxical. 1. Introduction If we are to make progress in confirmation theory, we must distinguish local problems having to do with the nature of evidence from the global problem of induction. Nelson Goodman posed the Grue Paradox as "The New Riddle of In- duction," but his presentation set up the problem within a Hempelian model of confirmation. In what follows I do not address the aspect of the paradox that participates in the old problem of induction but focus upon the aspect that deals with the explication of the confirmation relation, that is, the relation having to do with what counts as evidence of what. In •˜2-•˜5 1 highlight features of the para- 101 dox that are problematic when viewed with this particular question of evidential relevance in mind and in •˜6 I show how we may avoid the problems by moving from a syntactic/semantic to an ontic/causal relevance relation.' 2. -
Normative Legal Positivism, Neutrality, and the Rule of Law (Draft)
NORMATIVE LEGAL POSITIVISM, NEUTRALITY, AND THE RULE OF LAW (DRAFT) Bruno Celano Università degli studi di Palermo [email protected] www.unipa.it/celano 1ST CONFERENCE ON PHILOSOPHY AND LAW NEUTRALITY AND THEORY OF LAW Girona, 20th, 21st and 22nd of May 2010 07-celano.indd 1 5/5/10 18:26:40 07-celano.indd 2 5/5/10 18:26:40 «Neutrality is not vitiated by the fact that it is undertaken for partial [...] reasons. One does not, as it were, have to be neutral all the way down» (Waldron, 1989: 147). «Like other instruments, the law has a specific virtue which is morally neutral in being neutral as to the end to which the instru- ment is put. It is the virtue of efficiency; the virtue of the instrument as an instrument. For the law this virtue is the rule of law. Thus the rule of law is an inherent virtue of the law, but not a moral virtue as such. The special status of the rule of law does not mean that con- formity with it is of no moral importance. [...] [C]onformity to the rule of law is also a moral virtue» (Raz, 1977: 226). 1. InTRODUCTION * Usually, in jurisprudential debates what is discussed under the rubric of «neutrality» is the claim that jurisprudence is (or at least can, and should be) a conceptual, or descriptive —thus, non-normative, or mor- ally neutral (these are by no means the same thing)— inquiry: a body of theory having among its principles and its conclusions no substantive normative claims, or, specifically, no moral or ethico-political claims; and that the concept of law, as reconstructed in jurisprudential analysis * Earlier versions of this paper were presented at the Seminar on legal philosophy, Uni- versity of Palermo, and at the DI.GI.TA., University of Genoa. -
THE SCIENTIFIC METHOD and the LAW by Bemvam L
Hastings Law Journal Volume 19 | Issue 1 Article 7 1-1967 The cS ientific ethoM d and the Law Bernard L. Diamond Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Bernard L. Diamond, The Scientific etM hod and the Law, 19 Hastings L.J. 179 (1967). Available at: https://repository.uchastings.edu/hastings_law_journal/vol19/iss1/7 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. THE SCIENTIFIC METHOD AND THE LAW By BEmVAm L. DIivmN* WHEN I was an adolescent, one of the major influences which determined my choice of medicine as a career was a fascinating book entitled Anomalies and Curiosities of Medicine. This huge volume, originally published in 1897, is a museum of pictures and lurid de- scriptions of human monstrosities and abnormalities of all kinds, many with sexual overtones of a kind which would especially appeal to a morbid adolescent. I never thought, at the time I first read this book, that some day, I too, would be an anomaly and curiosity of medicine. But indeed I am, for I stand before you here as a most curious and anomalous individual: a physician, psychiatrist, psychoanalyst, and (I hope) a scientist, who also happens to be a professor of law. But I am not a lawyer, nor in any way trained in the law; hence, the anomaly. The curious question is, of course, why should a non-lawyer physician and scientist, like myself, be on the faculty of a reputable law school. -
Hempel and Confirmation Theory
Hempel and Confirmation Theory Jan Sprenger* June 15, 2020 Carl Gustav Hempel (1905–1997) was one of the primary exponents of logical empiricism. As a student and member of the Gesellschaft für em- pirische Philosophie in Berlin, alongside Reichenbach and Grelling, he wit- nessed the emergence of logical empiricism as a philosophical program. From the mid-1930s onwards, his contributions shaped its development, too. Hempel studied primarily in Göttingen and Berlin, but in 1929/30, he also spent a semester in Vienna studying with Carnap and partici- pated in the activities of the Vienna Circle. Both societies joined forces for organizing scientific events, and founded the journal Erkenntnis in 1930, where many seminal papers of logical empiricism were published, with Carnap and Reichenbach as editors. While the work of the Berlin philosophers is congenial to the project of the Vienna Circle, there are important differences, too. Neither Hempel nor his mentor Reichenbach identified “scientific philosophy” with the project of cleansing science of meaningless statements (e.g., Carnap 1930). Rather, Hempel extensively used a method that Carnap would apply in later works on probability and confirmation (Carnap 1950, 1952): expli- cation, that is, the replacement of a vague and imprecise pre-theoretical concept (e.g., “confirmation”) by a fruitful and precise concept (e.g., a formal confirmation criterion). Relying on the method of explication, Hempel developed adequacy conditions on a qualitative concept of con- firmation (Hempel 1943, 1945a,b), a probabilistic measure of degree of *Contact information: Center for Logic, Language and Cognition (LLC), Department of Philosophy and Education Sciences, Università degli Studi di Torino, Via Sant’Ottavio 20, 10124 Torino, Italy.