Ten Problems in History and Philosophy of Science
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A Positivist Route for Explaining How Facts Make Law
Legal Theory, 18 (2012), 139–207. c Cambridge University Press 2012 0361-6843/12 $15.00 + 00 doi:10.1017/S1352325212000079 A POSITIVIST ROUTE FOR EXPLAINING HOW FACTS MAKE LAW David Plunkett* Dartmouth College In “How Facts Make Law” and other recent work, Mark Greenberg argues that legal positivists cannot develop a viable constitutive account of law that meets what he calls the “the rational-relation requirement.” He argues that this gives us reason to reject positivism in favor of antipositivism. In this paper, I argue that Greenberg is wrong: positivists can in fact develop a viable constitutive account of law that meets the rational-relation requirement. I make this argument in two stages. First, I offer an account of the rational-relation requirement. Second, I put forward a viable positivist account of law that I argue meets this requirement. The account that I propose is a version of Scott Shapiro’s Planning Theory of Law. The version of Shapiro’s account that I propose combines (1) the account of concepts and conceptual analysis put forward by David Chalmers and Frank Jackson with (2) the account of the concept LEGAL INSTITUTION (and its conceptual connections to the concept LEGAL NORM)that we get from a certain reading of Shapiro’s Planning Theory. In addition to providing a compelling response to Greenberg’s argument in “How Facts Make Law,” I argue ∗ This paper has benefited enormously from a wide range of conversations and written comments. My greatest debt is to Scott Shapiro, who has helped me develop my basic argument over the last number of years. -
Philosophy of Social Science
Philosophy of Social Science Philosophy of Social Science A New Introduction Edited by Nancy Cartwright and Eleonora Montuschi 1 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © The several contributors 2014 The moral rights of the authors have been asserted First Edition published in 2014 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America British Library Cataloguing in Publication Data Data available Library of Congress Control Number: 2014938929 ISBN 978–0–19–964509–1 (hbk.) ISBN 978–0–19–964510–7 (pbk.) Printed and bound by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only. -
Reason and Representation in Scientific Simulation
Reason and Representation in Scientific Simulation Matthew Spencer | PhD Thesis Centre for Cultural Studies, Goldsmiths, University of London Declaration The work presented in this thesis is the candidate's own. - 2 - Abstract This thesis is a study of scientific practice in computational physics. It is based on an 18 month period of ethnographic research at the Imperial College Applied Modelling and Computation Group. Using a theoretical framework drawn from practice theory, science studies, and historical epistemology, I study how simulations are developed and used in science. Emphasising modelling as a process, I explore how software provides a distinctive kind of material for doing science on computers and how images and writings of various kinds are folded into the research process. Through concrete examples the thesis charts how projects are devised and evolve and how they draw together materials and technologies into semi-stable configurations that crystallise around the objects of their concern, what Hans-Jorg Rheinberger dubbed “epistemic things”. The main pivot of the research, however, is the connection of practice-theoretical science studies with the philosophy of Gaston Bachelard, whose concept of “phenomenotechnique” facilitates a rationalist reading of scientific practice. Rather than treating reason as a singular logic or method, or as a faculty of the mind, Bachelard points us towards processes of change within actual scientific research, a dynamic reason immanent to processes of skilled engagement. Combining this study of reason with the more recent attention to things within research from materialist and semiotic traditions, I also revive a new sense for the term “representation”, tracing the multiple relationships and shifting identities and differences that are involved in representing. -
Against Historicism/ for Theory: a Reply to Levine Author(S): Jeffrey Alexander Source: Sociological Theory, Vol
Against Historicism/ for Theory: A Reply to Levine Author(s): Jeffrey Alexander Source: Sociological Theory, Vol. 7, No. 1 (Spring, 1989), pp. 118-120 Published by: American Sociological Association Stable URL: http://www.jstor.org/stable/202067 Accessed: 26/05/2010 11:26 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at http://www.jstor.org/action/showPublisher?publisherCode=asa. Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. John Wiley & Sons and American Sociological Association are collaborating with JSTOR to digitize, preserve and extend access to Sociological Theory. http://www.jstor.org AGAINST HISTORICISM/ FOR THEORY: A REPLY TO LEVINE JEFFREY ALEXANDER U.C.L.A. -
1 Carnap, Kuhn , and the History of Science J.C. Pinto De Oliveira IFCH
1 Carnap, Kuhn , and the history of science J.C. Pinto de Oliveira IFCH - Department of Philosophy State University of Campinas - Brazil [email protected] Abstract The purpose of this article is to respond to Thomas Uebel´s criticisms of my comments regarding the current revisionism of Carnap´s work and its relations to Kuhn. I begin by pointing out some misunderstandings in the interpretation of my article. I then discuss some aspects related to Carnap´s view of the history of science. First, I emphasize that it was not due to a supposed affinity between Kuhn´s conceptions and those of logical positivism that Kuhn was invited to write the monograph on the history of science for the Encyclopedia. Three other authors had been invited first, including George Sarton whose conception was entirely different from Kuhn´s. In addition, I try to show that Carnap attributes little importance to history of science. He seldom refers to it and, when he does, he clearly defends (like Sarton) a Whig or an “old” historiography of science, to which Kuhn opposes his “new historiography of science”. It is argued that this raises serious difficulties for those, like Uebel, who hold the view that Carnap includes the historical or the social within the rational. Keywords: Carnap, History of science, Kuhn, Logical positivism, New historiography of science, Philosophy of science, Revisionism, Sarton 1. Introduction In his article “Carnap and Kuhn: On the Relation between the Logic of Science and the History of Science”, published in 2011 in the Journal for General Philosophy of Science, Thomas Uebel responds to my criticism of what I call the revisionism of the logical positivist work, particularly its thesis regarding the compatibility or intimate relation between the philosophies of science of Carnap and Kuhn. -
The Unity of Science in Early-Modern Philosophy: Subalternation, Metaphysics and the Geometrical Manner in Scholasticism, Galileo and Descartes
The Unity of Science in Early-Modern Philosophy: Subalternation, Metaphysics and the Geometrical Manner in Scholasticism, Galileo and Descartes by Zvi Biener M.A. in Philosophy, University of Pittsburgh, 2004 B.A. in Physics, Rutgers University, 1995 B.A. in Philosophy, Rutgers University, 1995 Submitted to the Graduate Faculty of Arts and Sciences in partial fulfillment of the requirements for the degree of Doctor of Philosophy University of Pittsburgh 2008 UNIVERSITY OF PITTSBURGH FACULTY OF ARTS AND SCIENCES This dissertation was presented by Zvi Biener It was defended on April 3, 2008 and approved by Peter Machamer J.E. McGuire Daniel Garber James G. Lennox Paolo Palmieri Dissertation Advisors: Peter Machamer, J.E. McGuire ii Copyright c by Zvi Biener 2008 iii The Unity of Science in Early-Modern Philosophy: Subalternation, Metaphysics and the Geometrical Manner in Scholasticism, Galileo and Descartes Zvi Biener, PhD University of Pittsburgh, 2008 The project of constructing a complete system of knowledge—a system capable of integrating all that is and could possibly be known—was common to many early-modern philosophers and was championed with particular alacrity by Ren´eDescartes. The inspiration for this project often came from mathematics in general and from geometry in particular: Just as propositions were ordered in a geometrical demonstration, the argument went, so should propositions be ordered in an overall system of knowledge. Science, it was thought, had to proceed more geometrico. I offer a new interpretation of ‘science more geometrico’ based on an analysis of the explanatory forms used in certain branches of geometry. These branches were optics, as- tronomy, and mechanics; the so-called subalternate, subordinate, or mixed-mathematical sciences. -
Let's Not Talk About Objectivity
Chapter 2 Let’s Not Talk About Objectivity Ian Hacking The first landmark event in twenty-first-century thinking about objectivity was, as is well known, Lorraine Daston and Peter Galison’s Objectivity (2007). It is a magisterial historical study of an epistemological concept, namely “objectivity”. Hence I call it a contribution to what I call (if it wants a name) meta-epistemology, although other prefer the less apt but better sounding historical epistemology. You will find more food for thought, not to mention headaches, in their book, than in any other body of work about objectivity. It will seem that Objectivity rejects the injunction stated in my title, for what is the book about, but objectivity? The authors are talking about objectivity if anyone is! Analytic philosopherslike myself make what others regard as too many distinctions, and I shall illustrate that here. Objectivity is about the concept of objectivity, its past uses, and the practices associated with it. For me, a concept is a word in its sites (Hacking 1984). In this context, that means the sites in which words cognate with “objective” were used over the past three centuries, the practices within which they were deployed, who had authority when using them, the actual modes of inscription, which in this case is closely associated with the use of pictures and other types of images. For me, as for a builder, a site is a rich field of activity to be described from many points of view, almost innumerable perspectives. Objectivity is a triumph of that type of analysis; it is not talking about objectivity but about the concept of objectivity (a distinction we most clearly owe to Gottlob Frege writing about number). -
Philosophy of the Social Sciences Blackwell Philosophy Guides Series Editor: Steven M
The Blackwell Guide to the Philosophy of the Social Sciences Blackwell Philosophy Guides Series Editor: Steven M. Cahn, City University of New York Graduate School Written by an international assembly of distinguished philosophers, the Blackwell Philosophy Guides create a groundbreaking student resource – a complete critical survey of the central themes and issues of philosophy today. Focusing and advancing key arguments throughout, each essay incorporates essential background material serving to clarify the history and logic of the relevant topic. Accordingly, these volumes will be a valuable resource for a broad range of students and readers, including professional philosophers. 1 The Blackwell Guide to Epistemology Edited by John Greco and Ernest Sosa 2 The Blackwell Guide to Ethical Theory Edited by Hugh LaFollette 3 The Blackwell Guide to the Modern Philosophers Edited by Steven M. Emmanuel 4 The Blackwell Guide to Philosophical Logic Edited by Lou Goble 5 The Blackwell Guide to Social and Political Philosophy Edited by Robert L. Simon 6 The Blackwell Guide to Business Ethics Edited by Norman E. Bowie 7 The Blackwell Guide to the Philosophy of Science Edited by Peter Machamer and Michael Silberstein 8 The Blackwell Guide to Metaphysics Edited by Richard M. Gale 9 The Blackwell Guide to the Philosophy of Education Edited by Nigel Blake, Paul Smeyers, Richard Smith, and Paul Standish 10 The Blackwell Guide to Philosophy of Mind Edited by Stephen P. Stich and Ted A. Warfield 11 The Blackwell Guide to the Philosophy of the Social Sciences Edited by Stephen P. Turner and Paul A. Roth 12 The Blackwell Guide to Continental Philosophy Edited by Robert C. -
The Two Cultures” and the Historical Perspective on Science As a Culture Francesca Rochberg, Professor of History, University of California, Riverside
Forum on Public Policy “The Two Cultures” and the Historical Perspective on Science as a Culture Francesca Rochberg, Professor of History, University of California, Riverside Abstract In the Rede lecture of 1959, C.P.Snow speaks in terms of two cultures, one of science, the other of literary intellectuals. Snow’s discussion presupposes that science represents a culture of its own, independent of and superior to the arts and humanities, and unified within itself. At our present distance from this claim, Snow’s point of view can be seen as a product of the philosophical orientation to science as an embodiment of universal truths about nature as well as cold war pressures on the West to improve educational standards in science. As the terms in which science is discussed have changed in the last nearly half-century, so has our response to the terms of Snow’s “Two Cultures”altered with time. The fields of history and sociology of science have shown the degree to which science is both fully enmeshed in society and conditioned by history, making it more difficult to support the idea of a separate “culture” of science immune from the effects of society and history. That the viability of a culture of science as an independent entity is contested in contemporary academic circles furthermore affects the mode in which students of science and the humanities are inculcated. This paper discusses the historical perspective on science as a culture and considers the impact of changing views about the nature, aims, and methods of science on the teaching of science and its history. -
Let's Not Talk About Objectivity
Chapter 2 Let’s Not Talk About Objectivity Ian Hacking The first landmark event in twenty-first-century thinking about objectivity was, as is well known, Lorraine Daston and Peter Galison’s Objectivity (2007). It is a magisterial historical study of an epistemological concept, namely “objectivity”. Hence I call it a contribution to what I call (if it wants a name) meta-epistemology, although other prefer the less apt but better sounding historical epistemology. You will find more food for thought, not to mention headaches, in their book, than in any other body of work about objectivity. It will seem that Objectivity rejects the injunction stated in my title, for what is the book about, but objectivity? The authors are talking about objectivity if anyone is! Analytic philosophers like myself make what others regard as too many distinctions, and I shall illustrate that here. Objectivity is about the concept of objectivity, its past uses, and the practices associated with it. For me, a concept is a word in its sites (Hacking 1984). In this context, that means the sites in which words cognate with “objective” were used over the past three centuries, the practices within which they were deployed, who had authority when using them, the actual modes of inscription, which in this case is closely associated with the use of pictures and other types of images. For me, as for a builder, a site is a rich field of activity to be described from many points of view, almost innumerable perspectives. Objectivity is a triumph of that type of analysis; it is not talking about objectivity but about the concept of objectivity (a distinction we most clearly owe to Gottlob Frege writing about number). -
Popper on Historicism and Marxism
Popper on Historicism and Marxism WHILE in New Zealand during the Second World War, Karl Popper developed a theory concerning the methods of history and of the social sciences that had its origins in the new account of scientific method that he had given in his book Logik der Forschung.1 An investigation into the methods of history and social science also seemed to Popper to be an extremely urgent undertaking given his experience of the marxism and fascism that came to dominate the intellectual and political climate of Austria during the inter-war period, and nearly all of Europe by the time he had arrived in New Zealand. Most of his work in this area subsequently appeared in the books The Poverty of Historicism2 and The Open Society and its Enemies (in two volumes).3 These Popper regarded as his 'war effort' since they were his 'defence of freedom against totalitarian and authoritarian ideas and a warning about historicist superstitions'.4 History and the social sciences, Popper argued, were beset by certain deep methodological misconceptions that he labelled 'historicist' (a term Popper has largely helped introduce into English). It is not clear precisely what doctrine the term refers to, though Popper is sure that historicism has had a 'persistent and pernicious influence upon the philosophy of society and of politics',5 and consequently upon society and politics itself. However, it is clear that Popper thinks that Marx is an historicist along with Plato, Hegel, Comte, J.S. Mill and sociologists such as Karl Mannheim. The purpose of this article is, first, to single out some important aspects of historicism and, second, to discover whether or not these aspects of historicism can be found in Marx. -
The Scientist As Philosopher
The Scientist as Philosopher 3 Berlin Heidelberg New York Hong Kong London Milan Paris Tokyo Friedel Weinert The Scientist as Philosopher Philosophical Consequences of Great Scientific Discoveries With 52 Figures 13 Dr. Friedel Weinert University of Bradford Department of Social Sciences and Humanities Bradford BD7 1DP Great Britain e-mail: [email protected] CoverfiguresreproducedfromFaraday,M.:ACourseof6LecturesontheVariousForcesofMatter and Their Relation to Each Other. Ed. by W. Crookes (Griffin, London, Glasgow 1860) Library of Congress Cataloging-in-Publication Data. Weinert, Friedel, 1950– . The scientist as philosopher: philosophical consequences of great scientific discoveries Friedel Weinert. p.cm. Includes bibliographical references and index. ISBN 3-540-20580-2 (acid-free paper) 1. Discoveries in science. 2. Science–Philosophy. 3. Philosophy and science. I. Title Q180.55.D57W45 2004 501–dc22 2003064922 ISBN 3-540-21374-0 Springer-Verlag Berlin Heidelberg New York This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broad- casting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer-Verlag. Violations are liable for prosecution under the German Copyright Law. Springer-Verlag is a part of Springer Science+Business Media springeronline.com © Springer-Verlag Berlin Heidelberg 2005 Printed in Germany The use of general descriptive names, registered names, trademarks, etc.