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Beyond Skepticism Foundationalism and the New Fuzziness: the Role of Wide Reflective Equilibrium in Legal Theory Robert Justin Lipkin
Cornell Law Review Volume 75 Article 2 Issue 4 May 1990 Beyond Skepticism Foundationalism and the New Fuzziness: The Role of Wide Reflective Equilibrium in Legal Theory Robert Justin Lipkin Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Robert Justin Lipkin, Beyond Skepticism Foundationalism and the New Fuzziness: The Role of Wide Reflective Equilibrium in Legal Theory , 75 Cornell L. Rev. 810 (1990) Available at: http://scholarship.law.cornell.edu/clr/vol75/iss4/2 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. BEYOND SKEPTICISM, FOUNDATIONALISM AND THE NEW FUZZINESS: THE ROLE OF WIDE REFLECTIVE EQUILIBRIUM IN LEGAL THEORY Robert Justin Liphint TABLE OF CONTENTS INTRODUCTION .............................................. 812 I. FOUNDATIONALISM AND SKEPTICISM ..................... 816 A. The Problem of Skepticism ........................ 816 B. Skepticism and Nihilism ........................... 819 1. Theoretical and PracticalSkepticism ................ 820 2. Subjectivism and Relativism ....................... 821 3. Epistemic and Conceptual Skepticism ................ 821 4. Radical Skepticism ............................... 822 C. Modified Skepticism ............................... 824 II. NEW FOUNDATIONALISM -
Part 1 What Is Negative Entropy? from World Views
What is Controlling Life? 21 PART 1 WHAT IS NEGATIVE ENTROPY? FROM WORLD VIEWS TO BIOENERGETICS What an organism feeds upon is negative entropy. Or, to put it less paradoxically, the essential thing in metabolism is that the organism succeeds in freeing itself from all the entropy it cannot help producing while alive. Erwin Schrödinger: What is Life? Modern Trends in BioThermoKinetics 3 1994 BTK Ed. E. Gnaiger et al., Innsbruck Univ. Press 22 What is Controlling Life? Erwin Schrödinger around 1902 What is Controlling Life? 23 ERWIN SCHRÖDINGER'S WORLD VIEW. THE ROLE OF PHYSICS AND BIOLOGY IN HIS PHILOSOPHICAL SYSTEM Johann Götschela, Werner Leinfellnera,b Ludwig Boltzmann Institut für Wissenschaftsforschung und Institut für Philosophie der Universität Graz, Mozartgasse 14, 8010 Graz, Austria; bDepartment of Philosophy, University of Nebraska, Lincoln, NE 68588, USA PHYSICS, BIOLOGY AND PHILOSPHY Erwin Schrödinger is well-known as one of the greatest figures of theoretical physics. He became famous for his mathematical formulation of atomic dynamics, known as the Schrödinger equation, and its application to atomic structures. In 1933, he received the Nobel Prize in physics (jointly with Paul Dirac). It therefore comes as no surprise that interpreters of Schrödinger's work, dazzled by his genius and the results he obtained in quantum physics, almost forget the other Schrödinger, the biologist and philosopher. In reality, he not only revolutionized the foundations of modern physics but also made significant contributions to biology and the philosophy of science [1]. The paradigm change he initiated has had great consequences for the natural and social sciences, the humanities, and our present world-view in general [1,2]. -
Reliable Reasoning: Induction and Statistical Learning Theory
Reliable Reasoning: Induction and Statistical Learning Theory Gilbert Harman and Sanjeev Kulkarni March 14, 2006 ii Reliable Reasoning Contents Series Forward v Introduction vii 1 The Problem of Induction 1 1.1 The Problem . 1 1.2 Inference and Implication . 3 1.3 Reflective Equilibrium . 7 1.4 Worries about Reflective Equilibrium . 9 1.5 Reliability . 14 1.6 A Look Ahead . 15 1.7 Conclusion . 18 2 Induction and VC-Dimension 21 2.1 Pattern Recognition . 21 2.1.1 Pattern Classfication . 22 2.1.2 Function Estimation . 23 2.2 Background Probability Distribution . 24 2.3 Reliability of Rules of Classification and Function Estimation 26 2.3.1 Reliability of a Classification Rule . 26 2.3.2 Reliability of a Rule of Function Estimation . 27 2.4 Inductive Learning . 28 2.4.1 Linear Classification and Estimation Rules . 29 2.5 Conditions for Satisfactory Enumerative Induction . 32 2.6 Popper . 35 2.7 Summary . 36 3 Induction and “Simplicity” 39 3.1 Introduction . 39 3.2 Empirical Error Minimization . 39 iii iv Reliable Reasoning 3.3 Universal Consistency . 40 3.3.1 Nearest Neighbor Rules . 41 3.4 Structural Risk Minimization . 43 3.5 Minimum Description Length . 44 3.6 Simplicity . 45 3.7 Function Estimation and Curve Fitting . 45 3.8 Goodman’s New Riddle . 46 3.9 Popper on Simplicity . 49 3.10 Empirically Equivalent Rules . 52 3.11 Important Ideas from Statistical Learning Theory . 53 3.12 Summary . 54 4 Neural Networks, Support Vector Machines, and Transduction 55 4.1 Introduction . 55 4.2 Machine Learning: Perceptrons . -
Taking Holism Seriously: a Reply to Critics
1 Taking Holism Seriously: A Reply to Critics Published in Philosophical Books 42 (2001), 187-195 By Mark Bevir Department of Political Science University of California, Berkeley Berkeley CA 94720 2 Taking Holism Seriously: A Reply to Critics I would like to thanks Professors Dodson, Gendler, and Gracia for their thoughtful responses to my work. I am particularly thankful because their critical comments have prompted me to reflect further on how I would situate the arguments of The Logic of the History of Ideas in relation to trends in both the philosophy of history and (post)analytic philosophy more generally. Indeed, I want to begin now by considering how to situate my arguments since I think doing so will enable me to move swiftly to many of the pertinent issues raised by Dodson, Gendler, and Gracia. When discussing the Logic with historical theorists, I realized that my use of philosophy, especially (post)analytic philosophy, was itself a controversial move.1 The dominant modes of historical theorizing today seem to be an emphasis on rhetoric and poetics associated with Hayden White and one on sociology and power associated with Michel Foucault. (Post)analytic philosophy in comparison occupies a relatively small space. One reason for the marginalization of (post)analytic philosophy is, I suspect, that its practitioners have almost entirely withdrawn from the field. While the concerns and arguments of analytic philosophers have changed quite noticeably over the last twenty to thirty years, these changes have occurred within an increasingly narrow disciplinary focus on questions of mind, language, and epistemology. They have had almost no impact on the philosophy of history. -
3 Holism, Chinese Medicine And
3 HOLISM, CHINESE MEDICINE AND SYSTEMS IDEOLOGIES: REWRITING THE PAST TO IMAGINE THE FUTURE Volker Scheid Int roduction his chapter explores the articulations that have emerged over the last half- Tcentury between various types of holism, Chinese medicine and systems biol- ogy. Given the discipline’s historical attachments to a defi nition of ‘medicine’ that rather narrowly refers to biomedicine as developed in Europe and the US from the eighteenth century onwards, the medical humanities are not the most obvious start- ing point for such an inquiry. At the same time, they do offer one advantage over neighbouring disciplines like medical history, anthropology or science and technol- ogy studies for someone like myself, a clinician as well as a historian and anthro- pologist: their strong commitment to the objective of facilitating better medical practice.1 This promise furthermore links to the wider project of critique, which, in Max Horkheimer’s defi nition of the term, aims at change and emancipation in order ‘to lib erate human beings from the circumstances that enslave them’.2 If we take the critical medical humanities as explicitly affi rming this shared objective and respon- sibility, extending the discipline’s traditional gaze is not a burden but becomes, in fact, an obligation. With that in mind, this chapter seeks to accomplish three inter-related goals. It is fi rst an inquiry into the historical processes whereby Chinese medicine, holism and systems biology have come to be entangled with each other in the present. The term holism is not originally Chinese and was only applied to Chinese medicine from the 1950s onward. -
Understanding Cognitive Holistic Theory of Language and Its Public Utility
COGNITIVE HOLISM: UNDERSTANDING COGNITIVE HOLISTIC THEORY OF LANGUAGE AND ITS PUBLIC UTILITY Devendra Nath Tiwari Abstract: Understanding an indivisible cognition through the analytic part has its own beauty that we can call analytic skill, but that must aim at clarity and conception of the cognition which is a whole approached through individual steps. Composite forms have their own beauty, imposition of the cognition on our different allegiance has a different beauty but if one does not understand clearly the different roles the indivisible cognition plays in causing the pleasure in some and pain in others, amusing in some and an obsession in others, illuminating in some and deviating in others, one cannot enjoy wisdom and bliss. Holism talks about language as power, the potency that works differently in wise and in ignorant in causing different effects that veils and deviates from the indivisible cognition. Interpretation of the cognition needs cognitive holistic approach to realize wisdom. Consciousness, at human level, is channelized for flashings of concepts/thoughts that are determinate because language infuses them. All that consciousness flashes is a concept that serves as incentive for action including producing verbal noises and is analyzed and interpreted variously to make it understandable to beginners and ignorant. The language that infuses cognition is intelligible being and so is the thought we directly know them when they flash. In order to articulate the intelligible being of language, we use verbal noises (dhvaniyān), gestures and written marks (lipiyān) which differ from one to the other language speaking communities. Cognition is indivisible whole and language only determinates it. -
Hume's Problem of Induction and the Universalization Of
In Defense of Newtonian Induction: Hume's Problem of Induction and the Universalization of Primary Qualities Ori Belkind November 1, 2018 Abstract This paper aims to advance two claims. First, it aims to show that Hume's argument against the rationality of induction is sound. However, I claim that the conclusion does not follow merely from the self-defeating attempts to justify the rule of induction, unlike traditional readings of the argument. Rather, the skeptical conclusion must also take into account Hume's argument that the secret powers that are present in bodies and give rise to sensible qualities are unknowable. The paper's second aim is to show that Newtonian induction escapes Hume's secret powers argument, given that it includes a transductive inference, from observable phenomena to the powers present in the ultimate parts of matter. Consequently Hume's argument against the rationality of induction does not demonstrate the non-rational nature of Newtonian induction. 1 Introduction This paper articulates a certain reading of Hume's argument against the rationality of induction. Unlike traditional interpretations of Hume's argument, mine takes his argument to involve two distinct sub-arguments; the first is that inductive inferences lack rational support. I term this sub-argument the No Rational Support Argument (NRSA) (Section 2). I also argue that Hume uses a second sub- argument, one I term the Secret Powers Argument, or SPA, to undermine our belief in the rationality of induction. According to the SPA (examined in Section 3), we do not have access to the secret powers of bodies. -
The Reflective Equilibrium in Rawls' Theory of Justice: the Perspective
META: Research in Hermeneutics, Phenomenology, and Practical Philosophy – VII (2) / 2015 META: RESEARCH IN HERMENEUTICS, PHENOMENOLOGY, AND PRACTICAL PHILOSOPHY VOL. VII, NO. 2 / DECEMBER 2015: 336-356, ISSN 2067-3655, www.metajournal.org The Reflective Equilibrium in Rawls’ Theory of Justice: The Perspective of Holistic Pragmatism Mihai Burlacu Transylvania University of Brasov Abstract Interpreting John Rawls’ ‘reflective equilibrium’ method from the perspective of Morton White’s holistic pragmatism entails both an epistemological and a methodological dimension. In this article, I reconsider White’s perspective regarding Rawls’ ‘reflective equilibrium’. This requires a critical examination of the method’s origins and development, with an emphasis on Nelson Goodman’s process of justification and the Duhem-Quine thesis. In order to examine the origins and development of the ‘reflective equilibrium’ method, I also draw upon the writings of Pierre Duhem, Willard Van Orman Quine, Nelson Goodman, Stephen P. Stich and Donald Gillies, among others. Subsequently, I interpret the criticisms that have been formulated against the process of justification elaborated by Goodman and adapted by Rawls. Afterwards, I explain the conceptual links between the ‘Duhem-Quine thesis’ and the ‘reflective equilibrium’ method. In the last chapter, I analyse White’s assertion that Rawls’ theory of justice is a variant of holistic pragmatism. I emphasize how White’s holistic theses coincide to a significant extent with the ideas devised by Rawls regarding the method of ‘reflective equilibrium’ in social justice, and in a more general sense, in ethics. Also, I expound why White’s doctrine is epistemologically holistic and methodologically monistic. Keywords: reflective equilibrium, holistic pragmatism, considered judgment, principles of justice, conjunction of statements, Duhem-Quine thesis, Duhemian conjunction 1. -
Holism and Compositionality
Holism and Compositionality Francis Jeffry Pelletier 1 Introduction A brief acquaintance with the web shows that the terms ‘holism’1 and ‘compositionality’ are used in many different fields, both academic and non-academic. And given any two academic fields, it is usually not obvious that the terms mean the same to the practitioners. Even just within philosophy and linguistics it seems that rather different conceptions are in play when we read any two different authors. We start, therefore, with a brief survey of some of the senses in which these terms are used. A little later we will make some more careful remarks about the notions. 1.1 Two Kinds of Compositionality A recent interdisciplinary conference revealed that there are (at least) two different things that are thought of when the issue of compositionality is considered. One concerns a (generalized) notion of “what is a complex item (of my theory) made of?” Here are a few places where this notion arose: Prototypes: Current prototype theory says that a prototype is a structure that has a number of attribute-value pairs. A question of interest in this area is: Given that prototype-1 has a structure [A: value-a; B: value-b; . ] and that prototype-2 has the structure [C: value-c; D: value-d . ], is the prototype of the “combined prototypes” (that is, the conceptual combination of the two proto- types) made up only from the material in the two component prototypes, that is, from the attribute-value pairs that are in one or the other of the prototypes? 1 ‘Whole’, and presumably also ’hole’, is derived from the Greek . -
5 Holism and Animal Minds
WML05 12/20/2006 6:36 PM Page 251 5 Holism and Animal Minds David Finkelstein 1 It’s not unusual for influential philosophers to make statements about the minds of nonlinguistic creatures that to a nonphilosopher would seem not merely implausible, but plainly and obviously false. For example, in his Philosophy and the Mirror of Nature, Richard Rorty (1979, 187) defends the claim “that knowledge, awareness, concepts, . all descend on the shoulders of the bright child somewhere around the age of four, without having existed in even the most primitive form hitherto.” According to Rorty, a creature without language—whether human or nonhuman—is not aware of any- thing, and, contrary to what you might imagine when he climbs into bed with you each night, your dog has never once even noticed you. In arguing for this thesis, Rorty takes himself to be following the lead of Wilfrid Sellars. He quotes approvingly a passage from “Empiricism and the Philosophy of Mind” in which Sellars (1997, 63) describes his own position as one “according to which all awareness of sorts, resemblances, facts, etc., in short all awareness of abstract entities—indeed, all awareness even of particulars—is a linguistic affair.” According to Rorty, Sellars finds an innocent way to allow that brutes may be said to enjoy a kind of awareness. As Rorty (1979, 182) reads him, Sellars distinguishes “between aware- ness-as-discriminative behavior and awareness as . being ‘in the logical space of reasons, of justifying what one says.’” He goes on: “Awareness in the first sense is manifested by rats and amoebas and computers; it is simply reliable signaling. -
Five the METHOD of WIDE REFLECTIVE EQUILIBRIUM IN
Five THE METHOD OF WIDE REFLECTIVE EQUILIBRIUM IN BIOETHICS Juha Räikkä 1. What Is Wide Reflective Equilibrium? The method of wide reflective equilibrium has been widely applied in practical ethics and especially in bioethics. In what follows I would like to say few words on the nature of this method. The method of wide reflective equilibrium (WRE) is a coherence method of justification in ethics. WRE was first introduced by John Rawls in his “The Independence of Moral Theory,” and one of WRE’s strongest proponents has been another American philosopher Norman Daniels.1 As Daniels describes WRE, it is a method which attempts to produce coherence in an ordered triple of sets of beliefs held by a particular person, namely (a) a set of considered moral judgments, (b) a set of moral principles, and (c) a set of relevant (scien- tific and philosophical) background theories.2 When using WRE, a person begins by collecting moral judgments (such as “abortion should be allowed”) which she finds intuitively plausible. Then she proposes alternative sets of moral principles (such as “killing human be- ings is wrong”) that have varying degree of fit with the moral judgments. Fi- nally, she seeks support for those moral judgments and moral principles from background theories (such as “a fetus is not a human being”) that are, in her view, acceptable. As Daniels writes, we can imagine the agent working back and forth, making adjustments to her considered moral judgments, her moral principles and her background theories. Finally, she arrives at an equilibrium point that consists of the ordered triple (a), (b) and (c). -
A Methodological Turn in Political Philosophy: Making Political Philosophy More Scientific?1 Tereza Křepelová Masaryk University, Brno
Public Reason 10 (2) - Public Reason 11 (1): 77-92 © 2019 by Public Reason A Methodological Turn in Political Philosophy: Making Political Philosophy More Scientific?1 Tereza Křepelová Masaryk University, Brno Abstract: The emergence of the first literature concerning the methodology of political philosophy, which we have witnessed over the last decade, indicates a general methodological shift within the discipline. This shift can be interpreted as a sign of the ongoing adjustment of political philosophy to the domain of science that had already begun when analytical political philosophy incorporated from logical positivism the premise of the unity of method of science and philosophy. The urge to have an epistemic source of justification for normative political theories lead analytical political philosophy to the development of various methodological frameworks from among which reflective equilibrium became the most influential one and nowadays it is being considered as the most widely used method in the contemporary political philosophy overall. Reflective equilibrium aims to provide knowledge that falls into the same category as scientific knowledge; however, it can also lead to various normative distortions resulting in the elimination of metaphysics, meta-ethics and religious claims from the normative part of political philosophical theorising. These normative distortions not only can result in epistemically wrong conclusions; above all, they implicitly affirm the normative propositions of political conceptions of liberalism. Hence, the prevalence and uncritical use of reflective equilibrium might narrow the topical scope and undermine the reflective and critical role of the discipline of political philosophy itself. Key words: political science, political philosophy, methodology, analytical political philosophy, logical positivism, political liberalism, epistemic value, epistemic justification, reflective equilibrium, philosophy of science.