In a new book-length treatment, Tara Smith, who has written extensively on the intersections of Objectivist philosophy and law, explains how judicial review, a feature of non-Objectivist jurisprudence, should function in a truly Objectivist legal system. Divided into two halves, Judicial Review in an Objective Legal System first sets forth what Objectivism is and how Objectivists understand law. Of particular importance in this regard, Smith stresses, is the written constitution, which Smith, following the logical premises of Objectivism, (...) calls “bedrock legal authority.” In the second half of the book, Smith moves to narrower considerations of judicial review proper. Smith’s first task in those sections is to critique the “failures” of “the reigning accounts” to understand judicial review. After dispensing with the various mistaken versions of judicial review as she sees them, Smith defines Objectivist judicial review before providing a handful of examples of how such a process might work in “contemporary conditions.”. (shrink)

Artificial intelligence plays an increasingly important role in legal disputes, influencing not only the reality outside the court but also the judicial decision-making process itself. While it is clear why judges may generally benefit from technology as a tool for reducing effort costs or increasing accuracy, the presence of technology in the judicial process may also affect the public perception of the courts. In particular, if individuals are averse to adjudication that involves a high degree of (...) automation, particularly given fairness concerns, then judicial technology may yield lower benefits than expected. However, the degree of aversion may well depend on how technology is used, i.e., on the timing and strength of judicial reliance on algorithms. Using an exploratory survey, we investigate whether the stage in which judges turn to algorithms for assistance matters for individual beliefs about the fairness of case outcomes. Specifically, we elicit beliefs about the use of algorithms in four different stages of adjudication: (i) information acquisition, (ii) information analysis, (iii) decision selection, and (iv) decision implementation. Our analysis indicates that individuals generally perceive the use of algorithms as fairer in the information acquisition stage than in other stages. However, individuals with a legal profession also perceive automation in the decision implementation stage as less fair compared to other individuals. Our findings, hence, suggest that individuals do care about how and when algorithms are used in the courts. (shrink)

Nicholas Rescher’s way of understanding process philosophy reflects the ambitions of his own philosophical project and commits him to a conceptually ideal interpretation of process. Process becomes a transcendental idea of reflection that can always be predicated of our knowledge of the world and of the world qua known, but not necessarily of reality an sich. Rescher’s own taxonomy of process thinking implies that it has other variants. While Rescher’s approach to process philosophy (...) makes it intelligible and appealing to mainstream analytic philosophy, it leaves behind the more daring ideas of Bergson, James, and Whitehead, all of whom envisioned the primordial reality of process in a radical ontology of becoming. This variant of process thought can be construed as coherent and self-consistent, but not without relinquishing the correspondence theory of truth and embracing challenging ideas that bring us in close proximity to existentialism, apophatic theology, and Buddhism. (shrink)

This is a first attempt at the philosophical articulation and projection of the Igbo concept of law and the role of law in the traditional environment. In the Igbo traditional setting, the rules of law are uncodified. The author, who teaches philosophy of law and logic at the University of Nigeria, defines the law of a given community as the body of rules recognised as binding by its members. On this concept of law, he has based his attempt to (...) elucidate the philosophical underpinning of those rules recognised in Igbo traditional legal system as law. Unless the philosphical foundation is understood, the traditional law, machinery for enforcement, and legislative and judicial processes may appear incomprehensible. The first part gives a descriptive insight into the moral, religious, socio-political and legal background of the Igbo. The second part is devoted to the fundamental questions concerning the concept of law, the various types of laws, the reciprocal influence between law and Igbo religion and the end of laws. Finally, the author examines the nature of right in Igbo traditional thought and locates the philosophical background. (shrink)

This article challenges Jeremy Waldron's arguments in favour of participatory majoritarianism, and against constitutional judicial review. First, I consider and critique Waldron's arguments against instrumentalist justifications of political authority. My central claim is that although the right to democratic participation is intrinsically valuable, it does not displace the central importance of the `instrumental condition of good government': political decision-making mechanisms should be chosen (primarily) on the basis of their conduciveness to good results. I then turn to an examination of (...) Waldron's claim that individuals are entitled to participate in decisions which affect their lives. Furthermore, I respond to his claim that justifications of constitutional judicial review rely on an objectionable distrust of democratic politics, and is inconsistent with a view of the person as a morally responsible, autonomous agent. Finally, I seek to show that judicial review can itself become a valuable channel of political participation, especially for those who are marginalized and disempowered in the normal political process. (shrink)

Constitutional and judicial law-making is increasingly beginning to find its reflection not only in the Anglo-Saxon, but also in the Romano-Germanic legal family. However, the prerequisites for the use of this legal instrument are different, which determines the relevance of conducting a comparative analysis regarding the provision of such a mechanism in the USA and Kazakhstan. The purpose of the research is to identify common and distinctive features in the process of implementation of constitutional and judicial law-making (...) in countries belonging to different legal systems. The article uses the methods of analysis, synthesis, comparison, deduction and generalization. As a result, the specificity of ensuring the mechanism of constitutional law-making in the USA was expressed, taking into account various forms of law-making activity. It has been established that the development of constitutional provisions in the United States takes place with the help of the constitutional doctrines of the Supreme Court of the United States, which provide for the introduction of amendments to constitutional provisions without a formal procedure. As a result of the study of the experience of Kazakhstan, it was established that special priority was given to the role of precedent, in particular, the decision of the Supreme Court of the Republic of Kazakhstan. This is explained by the integrative nature of the Romano-Germanic legal system, which allows effective development of national legislation as a whole and its provisions. The obtained results can be used during the professional training of judges in the Republic of Kazakhstan. (shrink)

A focus on the lawmaking process, I submit, permits us to explore a particular dimension of justice, namely the relationship between law and liberty. Laws that reflect the arbitrary whims of the lawmaker are presumptively unjust, because they constrain liberty for no good reason. A strategy for making arbitrary laws less likely involves recognizing checks on the lawmaker's powers and grounding those checks in processes that allow the governed to express their disapproval. The system of checks and balances employed (...) in the U.S. Constitution embodies this strategy, although reasonable people can debate its efficacy. As A.O. Hirschman observed, regimes that permit free movement of persons and property similarly restrict the force of arbitrary rules by allowing exit from unwanted restrictions. I want to inquire into the role of checks in international lawmaking. At first blush, it might appear that the fundamental principle of state consent provides all the checking that international lawmaking needs. This principle maintains that a state (and by extension, its subjects) can be bound by a rule of international law only if that state manifests its consent to the rule. As long as states have a real choice, itself subject to internal checks on official decisionmaking, the adoption of the rule should meet basic criteria of procedural justice. Indeed, the correlate of this principle—that each state has a veto over the adoption of international law, at least as applied to itself and its subjects—suggests that international lawmaking poses less of a threat to liberty than do conventional municipal lawmaking processes based on majority rule. One might think that, as a result of this principle, no rule will attain the status of international law unless its adoption makes some states better off and no state worse off. This first impression, however, is wrong. First, international lawyers argue for the existence of jus cogens norms that apply regardless of state consent. Second, the concept of state consent is artful, and opportunistic decisionmakers have some freedom to construe consent in ways that circumvent conventional checking processes. Third, political and economic coercion can reduce state consent to a meaningless formality. I discuss each of these points in turn. Once state consent ceases to constrain international lawmaking, the question role of alternative checks to protect liberty looms. Under what circumstances does the international lawmaking process as currently constituted present a threat of arbitrary force? What kinds of resistance to the results of international lawmaking can process values justify? I address these questions in three steps. First, I explore whether international law does carry a threat of coercion. If not, concerns about arbitrary restrictions of liberty are misplaced. Second, I discuss the problems arising from delegations of lawmaking authority to international institutions, with specific reference to the Rome Statute and the International Criminal Court. Third, I discuss the process-value issues associated with judicial lawmaking. None of these concerns justifies blanket opposition to international lawmaking. Rather, those interested in making and enforcing international rules need to grapple with these issues and provide another layer of justification for their efforts. a Footnotesa I am indebted to Ken Abbott, Jean Cohen, Larry Helfer, Robert Hockett, Sean Murphy, Phil Nichols, Ed Swaine, Joel Trachtman, the other contributors to this volume, and participants in a workshop at the University of Virginia School of Law for comments and criticism. Shortcomings are mine alone. (shrink)

The prediction of legal judgments is one of the most recognized fields in Natural Language Processing, Artificial Intelligence, and Law combined. By legal prediction, we mean intelligent systems capable of predicting specific judicial characteristics such as the judicial outcome, the judicial class, and the prediction of a particular case. In this study, we used an artificial intelligence classifier to predict the decisions of Brazilian courts. To this end, we developed a text crawler to extract data from official (...) Brazilian electronic legal systems, consisting of two datasets of cases of second-degree murder and active corruption. We applied various classifiers, such as Support Vector Machines, Neural Networks, and others, to predict judicial outcomes by analyzing text features from the dataset. Our research demonstrated that Regression Trees, Gated Recurring Units, and Hierarchical Attention Networks tended to have higher metrics across our datasets. As the final goal, we searched the weights of one of the algorithms, Hierarchical Attention Networks, to find samples of the words that might be used to acquit or convict defendants based on their relevance to the algorithm. (shrink)

This article recognizes that linguistic prejudice (with its associated cultural biases) is a reality in any multilingual country, including South Africa. Prejudice is inherently human and the article suggests that it can be both positive and negative. In the case of the Senzo Meyiwa murder trial the article suggests that the linguistic prejudice experienced by witnesses and legal practitioners was largely negative. Even though the South African Constitution suggests an empowering multilingual environment where there are now twelve official languages, in (...) contrast to this, the article takes as a point of departure the monolingual language of record policy that has been in place in the South African legal system since 2017. This is contrary to the constitutional imperatives. It is argued that this policy negatively impacts witnesses and legal practitioners and that the Meyiwa trial is a case in point. It is found that in this trial there is linguistic prejudice (practiced by the presiding judge) where there are linguistic or cultural voids related to communicative inequality and where the speaker does not have sufficient English vocabulary to proceed. It is concluded that the interpretation process also has its challenges and that ideally the use of African languages as languages of record in courts could only aid the delivery of social justice and the implementation of language rights in a multilingual and multicultural country such as South Africa. (shrink)

The obligation to provide reasons may appear rather a simple and straightforward, but in actual practice—as the mutually antagonistic Weiss rulings of the CJEU and the German Bundesverfassungsgericht amply demonstrate—is fraught with constitutional complication. On the one side, there lies the concern with a deeply intrusive form of judicial review which substitutes judicially determined “good” reasons for those of the reviewee decisionmaker—legislatures, administrative agencies, or, as in Weiss, the European Central Bank. On the other side lies the concern with (...) judicial abdication in the face of technical expertise, uncertainty and complexity, turning the reason-giving requirement into a mere façade thereby placing democratic accountability in the modern administrative state beyond law’s remit. Either way, normatively and conceptually, we seem left with a half-way house only. Drawing on the recent US administrative law discourse—the neo-Fullerian concept of an “internal morality of law” and democratic experimentalism —this paper explores the concept of process review as tertium datur. Process review responds to concerns over the rule of law and administrative discretion through indirect, procedural safeguards, by imposing requirements of reasoned justification, rather than through wholesale invalidation or aggressive substantive review. (shrink)

In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard ...

This collection reflects the extraordinary career of the man it honors in its variety of subjects and range of scholarship. Mortimer Adler proposes six amendments to the Constitution. Paul Eidelberg surveys the rise of secularism from Socrates to Machiavelli. Hellmut Fritzsche, a physicist, catalogs some famous scientific mistakes. David Grene (Anastaplo's dissertation advisor) looks at Shakespeare's Measure for Measure as "mythological history." Harry V. Jaffa continues a running debate with Anastaplo on how to read the Constitution, James Lehrberger examines Aquinas's (...) views on natural law, Harry Newman argues "The Case Against Politics." Studs Terkel interviews Anastaplo on his encounter with the Illinois bar, and John Van Doren and others contribute a selection of poems. George Anastaplo turned to an academic career when he was denied admission to the bar in 1950 because, on principle, he affirmed the right of revolution and refused to say whether he was a Communist. In this age of academic specialization, Anastaplo's career has been distinguished by a remarkable versatility of thought. Author of five books, including The Artist as Thinker: From Shakespeare to Joyce (Swallow Press, 1983), Human Being and Citizen: Essays on Virtue, Freedom and the Common Good (Swallow Press, 1986), The Constitution of 1787: A Commentary (1989), and The American Moralist: On Law, Ethics, and Government (Ohio University Press, 1992), Anastaplo has also, for the past three decades, produced a steady stream of essays, articles, and papers on subjects from baseball to the Koran, from Socrates to Freud. Volume 2 of Law and Philosophy includes a complete bibliography of his works. (shrink)

Truth is a fundamental objective of adjudicative processes; ideally, ‘substantive’ as distinct from ‘formal legal’ truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. ‘Jury nullification’ and ‘jury equity’. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.

Truth is a fundamental objective of adjudicative processes; ideally, `substantive' as distinct from `formal legal' truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. `Jury nullification' and `jury equity'. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.

Featuring a new, explanatory Foreword by Justice Cardozo's premier biographer, this renowned and much-used analysis of the process of judicial decision-making includes embedded page numbers from the original 1921 edition for continuity of citations and syllabi.

Truth is a fundamental objective of adjudicative processes; ideally, substantive as distinct from formal legal truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. Jury nullification and jury equity. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.

The research analyzes the process of formation of the ethics committee as a new institution in the system of regulation of genetic research. The external factors of this process are the increasing digitalization of medical and research practices, as well as the special situation that is developing in the field of genomic research and the use of genetic technologies, where issues of philosophy, jurisprudence and administration have generated many fundamentally new, and sometimes unexpected contexts. The author shows (...) the similarity and difference of approaches to the inclusion of the ethics committee in the national regulatory systems of different countries and determines the prospects for further integration of the new institution into normative and administrative-regulatory and law enforcement practices. The research applies all the main methods of system analysis and structural and functional analysis, as well as the comparative legal method. At the stage of generalization of empirical material, the author turns to the means and methods of philosophical phenomenology and phenomenological sociology. The study revealed that the ethics committee may have different institutional and regulatory functions in a variety of management and legal systems. Being hybrid in nature, the ethics committee performs various functions, and in various state legal systems and traditions it can combine elements of legislative, executive and judicial power. At times, the ethics committee may go beyond the scope of both a purely administrative and exclusively legal regulator. All this indicates that the integration of this institution into the legal system and into a variety of social practices is far from being completed. (shrink)

An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham (...) and Austin brought legal positivism into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States. The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science. (shrink)

Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS LOGIC (...) ‘Moderne Staatlichkeit und modernes formales Recht’ 201–207, ‘Heterogeneity & Validity of Law’ 209–218, ‘Leibniz & die Frage der rechtlichen Systembildung’ 219–232, ‘Law & its Approach as a System’ 233–255, ‘Logic of Law & Judicial Activity’ 258–288, ‘Kelsen’s Pure Theory of Law’ 289–293, ‘The Nature of the Judicial Application of Norms’ 295–314; LAW AS EXPERIENCE ‘The Socially Determined Nature of Legal Reasoning’317–374, ‘The Ontological Foundation of Law’ 375–390, ‘Is Law a System of Enactments?’ 391–398, ‘The Uniqueness of National Legal Cultures’ 399–411, ‘Institutions as Systems’ 413–424; LAW AS HISTORY ‘From Legal Customs to Legal Folkways’ 427–436, ‘Anthropological Jurisprudence?’ 437–457, ‘Law as a Social Issue’ 459–475, ‘Law as History?’477–484, ‘Rechtskultur – Denkkultur’ 485–489; w/ Curriculum Vitae & Bibliography, as well as Index & Indexes of normative materials & of names. (shrink)

This book illustrates how Aristotle's ethical concepts such as justice, reciprocity and friendship offer a basis for his political philosophy. In particular, it points out the importance of Aristotle for articulating the concept of a civic relationship and developing a theory of integration, by exploring how he includes a wide variety of people within the deliberative and judicial processes. Comparisons between Aristotle's own thought and present-day 'Aristotelian' political theories, such as communitarianism, civic republicanism and the capabilities approach, are (...) also among the unique approaches offered by the book and are used to illustrate his original vision of politics. They can also, however, offer new insights into the problems of how to read his texts appropriately in their context and why we now need to read them, not only out of an antiquarian interest but also out of our concern for politics. (shrink)

_Process Philosophy_ surveys the basic issues and controversies surrounding the philosophical approach known as “process philosophy.” Process philosophy views temporality, activity, and change as the cardinal factors for our understanding of the real—process has priority over product, both ontologically and epistemically. Rescher examines the movement’s historical origins, reflecting a major line of thought in the work of such philosophers as Heracleitus, Leibniz, Bergson, Peirce, William James, and especially A. N. Whitehead. Reacting against the tendency to (...) associate process philosophy too closely with this last-named thinker, Rescher writes, “Indeed, one cardinal task for the partisans of process at this particular juncture of philosophical history is to prevent the idea of ‘process philosophy’ from being marginalized through a limitation of its bearing to the work and influence of any one single individual or group.” This book will appeal to both students and professors of philosophy. Those teachers who have not been trained in process philosophy will welcome this new text by one one of North America’s foremost philosophers as a perspicuous and informative introduction. (shrink)

The extent to which judges in the American federal system and in England and Wales respond to sanctions, in their codes of civil procedure, for non-compliance with those rules, varies according to which of two ‘philosophies of justice’ are prevalent in the judicial culture. Taking as a starting point the application of the ‘ultimate’ sanction, that of exclusion from the trial itself, in the two jurisdictions, the article first draws out the features of the two philosophies, finding them surprisingly (...) similar in both jurisdictions. The article thereafter proposes that the choice of philosophy ought not to rest with individual judges but with the system, as structured in rules, thus suggesting a limited formalist approach to civil procedure. (shrink)

Judicial process is an integral part of legal systems. The process rests primarily on established principles of constitutional governance and responsibility. In the last ten years, the dynamism within judicial institutions and the judicial process has gained considerable attention. The dynamism is often viewed in light of the diversity of claims being addressed, the openness of courts to foreign material, and the use of non-legal studies and findings in court proceedings. How one views the (...) judicial process in the traditional sense, and in the light of the new experiences is an important question today. Also, what new theories explain this public sphere of activity? -/- In this regard, Dr. Pathak’s book "Judicial Process" is a noteworthy contribution. The book explores the complex nature of the judicial process, along with its wider constitutional, political, and social relevance. The book builds on an understanding that the judicial process, the courts, and the judges are central to constitutional governance. With that backdrop, it engages with four aspects of the judicial process, including (1) the nature of the judicial process, (2) the engagements and interactions within the judiciary, (3) the engagements and interactions between the courts and other institutions, and (4) the protection of rights and redressal of violations function performed by courts. -/- The book includes a detailed discussion on key concepts, practices, tests, and principles. The following chapters and discussions are particularly interesting. Chapter one involves a jurisprudential take on the subject while referring to the works of Blackstone, Holmes, and Cardozo. Particularly relevant in chapter one are Indian cases that have cited Cardozo while determining important judicial matters. Further, the chapter includes foreign case law which has been cited by the Indian courts to discuss the nature of the judicial process. Chapter three on Judicial Review discusses the scope of judicial review in India and its centralizing force in constitutional governance. The author carefully explores the expansion in a judicial capacity for review. The chapter highlights the dynamism attached to the practice of judicial review, moving from the review of constitutional amendments, to that of laws, administrative actions, and policy. Further, the chapter includes a discussion on the basic structure of the Indian Constitution. Chapter four on Law of Precedent includes a discussion on stare decisis, which the author refers to as a principle conferring legitimacy and stability to the judicial system. Recent scholarship on the nature of obiter dicta of higher courts and persuasive quality of foreign case law in domestic cases has been cited. Chapter five covers the Independence of the Judiciary debates in India. It discusses the issue of post-retirement appointments of judges and recusal from judicial matters. Chapter eight Judicial Activism traces the development of the concept from its early days to the present times. The chapter adopts the five core meanings offered by Keenan Kmiec to substantiate the old and the new avatars of judicial activism. The chapter discusses the role of social action litigation in India and its hand in defining the judiciary as a protector of rights and constitutional values. -/- The book provides sufficient guidance to study the nature of the judicial process. It also makes one curious about the changing nature of the judicial process and the new waves of constitutional ethics and governance. The following are some of the themes not attended to in the book. First, the judgments of the courts. The written judgments constitute an integral part of the judicial process. The judgments constitute public law reaching out to beneficiaries including litigants, people at large, as well as foreign institutions and courts. That being said, a discussion on judgements and the written or unwritten standards governing the same needs attention. Also included in this point is the role of dissenting judgments. How should one view or study dissent in judgments of constitutional significance? A normative framework to study the same is much needed. Second, the tools and indicators to measure judicial impact. The judicial impact can include (a) the impact of judicial decisions on the law, policy, and society (b) the impact of law/legislation on the judicial process, and (c) the impact of technological and scientific advancements on the judicial process. Tools like judicial impact assessment have been widely argued to be important to the working of the courts. Further, parameters to study compliance, policy integration, and the impact of judicial decisions on other state institutions have gained attention. (shrink)

Argues for political liberalism as a process-oriented view and process philosophy as a politically liberal view Daniel A. Dombrowski brings together the thought of the 20th-century philosophy's greatest political liberal, John Rawls, with the thought of the great process philosophers, Alfred North Whitehead and Charles Hartshorne. He shows that political liberalism is intimately linked with process philosophy, renaming it 'process liberalism'. He justifies this process liberalism in contrast to four potentially troublesome (...) sources or influences: metaphysics, religion, right-wing politics and left-wing politics. Dombrowski engages a series of interlocutors and alternative positions including Franklin I. Gamwell, Timothy D. Snyder, Martin Heidegger and Karl Marx. In conclusion, he offers a compelling, intricate and resourceful argument for nonhuman animal rights based on Rawlsian principles, which in turn forms the basis of a future environmental ethics. (shrink)

While some process philosophers have denigrated the emergent theory of mind, what they have denigrated has been ‘materialist’ theories of emergence. My contention is that one of the most important reasons for embracing process philosophy is that it is required to make intelligible the emergence of consciousness. There is evidence that this was a central concern of Whitehead. However, Whitehead acknowledged that his metaphysics was deficient in this regard. In this paper I will argue that to fully (...) understand the emergent theory of mind and its relation to process philosophy it is necessary to recast the whole history of modern philosophy in terms of efforts by philosophers grappling with the relationship between mind and body, or more broadly, consciousness and nature. This will involve granting a central place to Schelling’s philosophy, the ideas that influenced it and how Schelling’s insights were developed by subsequent philosophers. Process philosophy will then be seen as the tradition generated by efforts to transcend the opposition between idealism and materialism, and its promise in this regard, apart from anything else, is what makes it the most promising philosophy for the future. (shrink)

For two reasons, physics occupies a preeminent position among the sciences. On the one hand, due to its recognized position as a fundamental science, and on the other hand, due to the characteristic of its obvious certainty of knowledge. For both reasons it is regarded as the paradigm of scientificity par excellence. With its focus on the issue of epistemic certainty, philosophy of science follows in the footsteps of classical epistemology, and this is also the basis of its ' (...) class='Hi'>judicial' pretension vis-à-vis physics. Whereas physics is in a strong competitive relationship to philosophy and epistemology with respect to its position as a fundamental science - even on the subject of cognition, as the pretension of 'reductionism' shows. It is the thematic focus on epistemic certainty itself, however, that becomes the root of a profound epistemological misunderstanding of physics. The reason for this is twofold: first, the idea of epistemic certainty as a criterion of 'demarcation' between physics and metaphysics obscures the view of the much deeper heuristic differences between the two kinds of knowledge. The second, related, reason is that epistemology does not ask the question of the reason for the epistemic certainty of physics; instead, it sets itself the task of 'legitimating' physical knowledge, and this, crucially, with reference to the interpretation of the process of cognition. Thus, as a matter of course, all epistemological assumptions about this process – including the common descriptive understanding of knowledge and its ontological premises – flow into the interpretation of physics as a science. Consequently, this undertaking is not only doubtful from the ground up, because it presupposes for its meaningfulness nothing less than certainty of knowledge concerning (the interpretation of) the process of knowledge, thereby relying on mere convictions; moreover, by projecting the descriptive, 'metaphysical' concept of knowledge onto physics, it leads to unsolvable epistemological problems and corresponding resignative conclusions concerning the claim of knowledge of physics. In other words, epistemology itself builds, due to its basic assumptions, a major obstacle for an adequate understanding of physics. Physics' cross-object, deconstructive approach to knowledge implies a completely different, non-descriptive understanding of its concepts, with consequences that extend far beyond itself due to its status as a basic science. (shrink)

A new process philosophy of signs, where process becomes primary, and fixed relation secondary'Behind Red Doors - Signs, Process and the Political' - a post by James Williams on the Edinburgh University Press blogWhat is a sign? We usually think that it is a fixed relation: a red light signifies 'Stop'. In his bold new book, James Williams now argues that signs are varying processes: seeing the red light triggers a creative response to the question, Should (...) I stop?Williams develops this new process philosophy of signs through a formal model, in contrast to earlier structuralist definitions. He draws on the philosophies of Deleuze and Whitehead, criticises earlier work on the sign in biology by Jakob von Uexküll, and connects to contemporary work on process in the philosophy of biology by John Dupré.The process model has wide applications in the arts, humanities and social sciences, and informs their critical debates with science. In defining the sign as essentially political, this radical definition of the sign opens up new possibilities for social and political critique.". (shrink)

This volume constitutes the first collection of essays exploring the implications of process philosophy for social thought. Process philosophy is a product of the twentieth century, but its Platonic roots relate it to one of the prime initiators of Western philosophical thinking. Alfred North Whitehead originated the style of thinking that subsequently has been termed "process philosophy.".

The central aim of this thesis is to confront the world-view of positivistic materialism with its nihilistic implications and to develop an alternative world-view based on process philosophy, showing how in terms of this, science and ethics can be reconciled. The thesis begins with an account of the rise of positivism and materialism, or ‘scientism’, to its dominant position in the culture of Western civilization and shows what effect this has had on the image of man and consequently (...) on ethical views. After having shown the basic weaknesses of this world-view, the positivist account of science is criticised and an alternative epistemology is developed in which the aim of disciplined inquiry is seen to be understanding. It is argued on the basis of this epistemology that science and metaphysics are indissociable, and that the materialist conception of being is open to challenge from a different ontology. Having reviewed the various conceptions of being which have been developed in the past, a version of process philosophy is outlined and it is argued that this promises to be far more effective than materialism as a foundation for the natural sciences. In particular it is shown how in terms of process philosophy it is possible to conceive of living, sentient organisms as having emerged from inanimate being. This provides the basis for the development of a conception of humanity as an emergent form of life. The human order is then seen as a process of becoming within nature with its own unique dynamics, irreducible to any other processes, involving both intentional and unintentional processes. It is shown how on the basis of this conception of humanity it is possible to develop an ethical theory and a critical social science, and in this way, to transcend the disjunction between science and ethics. -/- . (shrink)

Provides an ideology-critique of Whitehead's and Hartshorne's metaphysics and demonstrates how their metaphysical principles reflect their personal commitments to the values and norms of the modern liberal political ideology.

This short article will seek to explore the causes, and possible solutions, of what seems to be the current freezing of the Turkish constitution-making process that has had some dramatic successes in the 1990s and early 2000s. I make the strong claim that democratic legitimacy or constituent authority should not be reduced either to any mode of power, even popular power, or to mere legality. It is these types of reduction that I find especially troubling in recent Turkish constitutional (...) struggles, where the legal claims of two powers — the government-controlled legislative and the judicial branches — to structure the constitution are not backed by sufficient political legitimacy. In effect these two powers that claim their constituent authorization, rather implausibly in my view, from either the democratic electorate or from an original constituent power, because of their conflict threaten to freeze the constitution-making process that very much needs to be continued and concluded. I end the article by making a suggestion for one possible constitution-making procedure that would be both legitimate and legal. (shrink)

This essay sets forth the decisive notions and postulates of process philosophy in Process Philosophy and Social Thought, edited by John B. Cobb, Jr. and W. Widick Schroeder. After commenting on the circumstances in which process philosophy came to be a major option among philosophical theologians, I provide some amplification of those notions and postulates. Then, selecting material from the eighteen articles in the volume, I offer several critical assessments of the process viewpoint (...) and its relation to science and to the contemporary call for liberation. (shrink)

This present study began as the author's extension and application of ideas from Whitehead's work to the subject of education, using a chapter from Whitehead's book Science and the Modern World and a pamphlet, The Rhythm of Education as the starting point.

Recent discussions, principally among analytic philosophers, concerning the meaning and the validity of the ‘question of life's meaning’ are significant in several ways. They indicate how analytic philosophy, long charged with sterility, can clarify deeply human questions. They suggest useful avenues of discussion between the analysts and the existentialists, phenomenologists and process philosophers. And they offer some illuminating discriminations between theism and naturalism, and between religious and non-religious understandings of life. But an additional consequence of these discussions is (...) the emergence of a series of challenges to most forms of theism, especially Christianity. In this paper we will be concerned with the latter. (shrink)

Process philosophy is a longstanding philosophical tradition that emphasizes becoming and changing over static being. Though present in many historical and cultural periods, the term “process philosophy” is primarily associated with the work of the philosophers Alfred North Whitehead (1861-1947) and Charles Hartshorne (1897-2000). -/- Process philosophy is characterized by an attempt to reconcile the diverse intuitions found in human experience (such as religious, scientific, and aesthetic) into a coherent holistic scheme. Process (...) class='Hi'>philosophy seeks a return to a neo-classical realism that avoids subjectivism. This reconciliation of the intuitions of objectivity and subjectivity, with a concern for scientific findings, produces the explicitly metaphysical speculation that the world, at its most fundamental level, is made up of momentary events of experience rather than enduring material substances. Process philosophy speculates that these momentary events, called “actual occasions” or “actual entities,” are essentially self-determining, experiential, and internally related to each other. (shrink)

Environmental ethics has been compared to a bicycle brake on an international jet airliner; it is ineffective. Here I show how and why an ecological ethics based on process philosophy could be effective against the forces driving global environmental destruction. However, this will involve a radical transformation in what are taken to be the problems of ethics and how ethical philosophy is understood. Ethics needs to be centrally concerned with the virtues required to develop and sustain desirable (...) social forms. To address global environmental problems ecological ethics must concern itself with the virtues required to develop and sustain democracy. Developing these virtues, it is argued, will involve reversing the growing fragmentation of work to revive a feeling of responsibility for creating a better world. Such an ethics must not only provide guidance for action, but also provide people with a sense of their place in and role in history and nature and an inspiring vision to motivate them to work for a better world. Process philosophy can provide such an ecological ethics not only because it can justify respect for all living beings, but also because it is a revolt against the fragmentation of intellectual, cultural, and social life which led to the trivialization of philosophy in the first place. (shrink)

The subject of the present exposition is namely the discussion of the question when and how process philosophy has entered into the European cultural tradition. We could approach this question in two ways: the philosophical and the historical perspective. We shall focus of our attention on both perspectives, which concern the return of process philosophy in Europe after its original moulding as a contemporary philosophical trend by Whitehead and his immediate followers. If we trace and systematize (...) chronologically the acts of influence of Whitehead’s works on eminent scientists and philosophers in Europe, we can provisionally outline three stages. The paper evaluates the manner in which process philosophy became so attractive for the European philosophical thought. At the present time we can definitely conclude that it is confirmed the existence of “a school” of representatives of process philosophy in Europe. (shrink)

Using process philosophy, especially its view of nature and its ethic, we develop a process-based environmental ethic embodying minimalism and beneficience. From this perspective, we criticize the philosophy currently underlying public policy and examine some alternative approaches based on phenomenology and ethnomethodology. We conclude that process philosophy, minus its value hierarchy, is a powerful tool capable of supporting both radical and n10derate changes in environmental policy.