In this paper we extend Wittgenstein’s notion of family resemblance to translation, interpretation, and comparison across traditions. There is no need for universals. This holds for everyday concepts such as green and qing 青, philosophical concepts such as emotion and qing 情, as well as philosophical categories such as form of life and dao 道. These notions as well as all other concepts from whatever tradition are family resemblance concepts. We introduce the notion of quasi-universal, which connects family resemblance concepts (...) from a limited number of traditions. The possibility and necessity of extending family resemblance concepts across traditions dissolves the false antinomy of universalism versus relativism. (shrink)

Judges and lawyers believe that international law, customary law, and legal systems such as the Third Reich or apartheid law in South Africa are law. But how do we explain the fact that there is one concept of law when there are different conceptions of law with a variety of different features? Finnis, inspired by the Aristotelian notion of central case, adumbrates the idea that the concept of law might be unified by a primary concept which is the concept of (...) “law as practical reason”; that is, law conceived from an ethical perspective. He advances two arguments to defend his methodology: the conceptual and the functional. Contra Finnis, the paper shows that neither the conceptual nor the functional argument can successfully support the view that “law as practical reason” is the central case of the concept of law. The study clarifies the Aristotelian notion of central case and illustrates the mistaken application of this notion to the concept of law. However, we also argue that Finnis's insight–the idea that all the different conceptions of law might be unified for the purposes of theoretical research–is fundamental and appealing. This paper aims to reconstruct Finnis's insight through the model of core resemblance. The result is that the different conceptions of law can be unified by resemblance to the concept of “law as practical reason,” though there is no identity among the different conceptions of law. (shrink)

This article aims to defend the need to recognize the independent role of those cognitive abilities on whose behalf linguistic meaning is introduced from the proper institution of language. I call this capacity “private pattern recognition” (PPR) and argue that it plays an essential part not just in the instauration of linguistic meaning but also in other relevant cognitive phenomena such as artistic creation and understanding. Moreover, it is precisely the failure to separate both aspects that gives rise to important (...) perplexities associated with the underdetermination of meaning. The first part of the article makes a case for this thesis and addresses its compatibility with Wittgenstein's private language argument. It then focuses on the example of art to illustrate the differing roles of private pattern recognition and shared linguistic meaning. The second part of the article focuses on the paradox of resemblance (RP). It (i) considers the difficulties of Williamson's response, (ii) illustrates how they instead support the current thesis, (iii) attempts to delineate how the role of meaning should be understood, and (iv) briefly revisits the rule‐following paradox (RFP). (shrink)

The chief defect of all previous materialism is that things, reality, the sensible world, are conceived only in the form of objects of observation, but not as human sense activity, not as practical activity, not subjectively. Hence, in opposition to materialism, the active side was developed abstractly by idealism, which of course does not know real sense activity as such.

El propósito de este artículo es realizar un análisis de las principales nociones que Wittgenstein elabora en este proceso de transición. La pregunta por resolver será, entonces, cómo Wittgenstein estructura su nueva visión del lenguaje. Para darle respuesta, en el inicio del artículo se trabajará una breve observación respecto al ansia de pureza cristalina, que, de algún modo, fue el plan que marcaba la pauta en la filosofía del Tractatus logico-philosophicus. A continuación, desde la discutida noción del significado como uso, (...) se abordarán los principales elementos que constituyen la nueva concepción del lenguaje del segundo Wittgenstein, a saber: el criterio definidor, los juegos de lenguaje, las formas de vida y los parecidos de familia. Por último, se analizará la relación que esta nueva concepción de lenguaje mantiene con las reglas y con el hecho de seguir una regla. (shrink)

McNaughton and Rawling's anti-reductionist intentions are to be welcomed, but are not well served by their continuing adherence to a neo-Humean notion of the 'descriptive'. Their too-willing acceptance of this notion is reflected in a denial of appropriate dialectical weight to considerations about the way 'pattern' disappears from the domain of value when we try to characterize the constituent features of the latter in non-evaluative terms. The need for a satisfactory account of the immanence of value in nature is real (...) enough, but such an account can be given without recourse to the problematic idea of a class of subvenient 'descriptive' properties. Likewise, McNaughton and Rawling's recognition of 'normative facts' is to be endorsed, but such facts are a more widespread and everyday phenomenon than they would have us think. (shrink)

We argue that all general concepts are family resemblance concepts. These include concepts introduced by ostension, such as colour. Concepts of colour and of each of the specific colours are family resemblance concepts because similarities concerning an open-ended range of colour or of appearance features crop up and disappear. After discussing the notion of “same colour” and Wittgenstein's use of the phrase “our colours”, we suggest family resemblance concepts in one tradition can often be extended to family resemblance concepts in (...) another tradition, illustrated by Wittgenstein's use of the words Spiel and “game”. (shrink)

We argue that all general concepts are family resemblance concepts. These include concepts introduced by ostension, such as colour(s). Concepts of colour and of each of the specific colours are family resemblance concepts because similarities concerning an open‐ended range of colour or of appearance features crop up and disappear. After discussing the notion of “same colour” and Wittgenstein's use of the phrase “our colours”, we suggest family resemblance concepts in one tradition can often be extended to family resemblance concepts in (...) another tradition, illustrated by Wittgenstein's use of the words Spiel and “game”. (shrink)

There are many problems of universals, at least the four distinguished by Jenny Teichmann. Consider her second one. ‘How can we form a general term when we are faced with easily distinguishable, widely differing examples?’ The term ‘blue’, for example, covers a wide range of—well, what does it cover a wide range of? A wide range of the colour blue? This is nonsense. What it covers is a wide range of blues —shades of blue. But we do not form a (...) general term when faced with or referring to these items. We distinguish them: cerulean, ultramarine, cyan, cobalt, navy blue and so on. ‘Blue’ is not the name of any of these shades of blue. It does not ‘cover’ anything except the colour , of which it is the name. ‘Blue’ is the name of the colour blue. There are no widely differing, easily distinguishable examples of that . The colour blue cannot differ widely or easily be distinguished from the colour blue. Leibniz's law prevents it. It is shades of blue which differ and are easily distinguishable. The moment we try to say, ‘But this differs from that’, the question will be, ‘This and that what? ’ If the answer is, ‘This colour ’ and ‘That colour ’, then a mistake has been made. For there is no differing and distinguishing in this case. Teichmann's problem cannot even be stated. If we say that what differ are this blue and that blue, which is the right thing to say, then we have two count nouns which mean ‘shade of blue’. There is no general term for these different shades. There is no answer to the question, ‘What is the name of all these differing shades?’ Certainly they are all blues, but each has its own name, and it is not ‘blue’. Teichmann's question cannot arise here either. The question, ‘What do blues have in common in virtue of which they are blue?’ is either elliptical or bad logical grammar. Which it is depends on the construal, or misconstrual, of ‘are blue’. The question should be either, ‘…in virtue of which they are blues ’ in the plural— they are not identical with the colour blue—or ‘…in virtue of which they are shades of blue.’ The plural agreement must come somewhere. (shrink)

It is sometimes objected that anti-individualism, because of its assumption of the constitutive role of natural and social environments in the individuation of intentional attitudes, raises sceptical worries about first-person authority--that peculiar privilege each of us is thought to enjoy with respect to non-Socratic self-knowledge. Gary Ebbs believes that this sort of objection can be circumvented, if we give up metaphysical realism and scientific naturalism and adopt what he calls a “participant perspective” on our linguistic practices. Drawing on broadly Wittgensteinian (...) considerations, I argue that Ebbs is right about this, and I show how two likely objections to his view can be circumvented. I also argue that mere adoption of the participant perspective does not serve to refute external-world sceptic. (shrink)

People used to think that the items referred to by one word, e.g. , should all have certain features in common, which would jointly constitute : and that this should enable us to decide whether any given item is a triangle or not.

I argue that standard explanations of Du Bois' theory of race inappropriately characterize his view as attempting to provide descriptive criteria for races. Such an interpretation makes it both susceptible to Appiah's circularity objection and alienates it from Du Bois' central project of solidarity—which is the central point of “Conservation.” I propose that we should understand his theory as providing a normative account of race: an attempt to characterize what some races should be in terms of what other races are. (...) In providing such an account I will also show how my interpretation of Du Bois' criteria avoids the circularity objection by making the criteria central to the project of solidarity. Thus, this interpretation avoids what I take to be the two main problems with standard descriptive explanations of Du Bois' criteria. (shrink)

Twenty-five years after the term "therapeutic misconception’ (TM) first entered the literature, most commentators agree that it remains widespread. However, the majority of scholarly attention has focused on the reasons why a patient cum human subject might confuse the goals of research with the goals of therapy. Although this paper addresses the social and cultural factors that seem to animate the TM among subjects, it also fills a niche in the literature by examining why investigators too might operate under a (...) similar confusion. In framing these issues, the paper expressly adopts a Wittgensteinian approach to evaluating the TM, suggesting that interlocutors do not need any analytic definition of the TM to use the term meaningfully in thinking about the moral implications of the TM in practice. (shrink)

In §66 ofPhilosophical Investigations Wittgenstein looks for something common to various games and finds only an interconnecting network of resemblances. These are family resemblances. Sympathetic as well as unsympathetic readers have interpreted him as claiming that games form a family in virtue of these resemblances. This assumes Wittgenstein inverted the relation between being a member of a family and bearing family resemblances to others of that family. (The Churchills bear family resemblances to one another because they belong to the same (...) family, they don't belong to the same family because they resemble one another.) A close reading ofInvestigations gives no evidence that Wittgenstein made this mistake. Rather, family resemblances may play a role like the one criteria play for psychological terms. They give excellent but fallible evidence for membership in the extensions of some terms. (shrink)

I develop in this paper a conception of artefacts based on L. Wittgenstein’s idea of family resemblance. My approach peruses the notion of frame, which was invented in cognitive psychology as an operationisable extension of this philosophical idea. Following the metaphor of life-cycle I show how this schematic notion of frame may be filled with the content relevant for artefacts if we consider them from the point of view of their histories. The resulting conception of artefacts provides a new insight (...) into the current debate on artefact categorisation. (shrink)

People are organisms of a characteristic shape, with individual personalities, abilities and memories. Each of these features varies through time, but does not normally change very abruptly before death. Because these changes are only gradual, we are able to pick out one and the same individual through time, and refer to him, her or it by use of a proper name, just as we are able to refer to one and the same planet, animal or building. In particular, organisms change (...) shape only gradually, and we have every reason to believe in the possibility of our continuing to watch the spatiotemporally continuous life-history of one and the same organism. (shrink)

It is a commonly raised argument against the family resemblance account of concepts that there is no limit to a concept's extension. An account of family resemblance which attempts to provide a solution to this problem by including both similarity among instances and dissimilarity to non-instances has been developed by the philosopher of science Thomas Kuhn. Similar solutions have been hinted at in the literature on family resemblance concepts, but the solution has never received a detailed investigation. I shall provide (...) a reconstruction of Kuhn's theory and argue that his solution necessitates a developmental perspective wchich builds on both the transmission of taxonomies between generations and a progressive development through history. (shrink)

Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 / 3. Timely Issues of (...) Central and Eastern Europe 24 // COMPARATIVE LEGAL CULTURES? [2001] 29–48: 1. Legal Comparativism Challenged 29 / 2. Comparative Legal Cultures versus Comparative Law 34 / 3. Contrasting Fields 40 [a) The Historical Understanding of Socialist Law 42 / b) Convergence of Civil Law and Common Law 44] 4. Concluding Remarks 46 // THEATRUM LEGALE MUNDI: ON LEGAL SYSTEMS CLASSIFIED [2005] 49–75: 1. Preliminaries 49 / 2. Proposals 50 / 3. Impossible Taxonomy, or the Moment of Practicality in Legal Mapping 69 / 4. Diversity as a Fundamental Quality of Human Existence 74 // LEGAL TRADITIONS? IN SEARCH FOR FAMILIES AND CULTURES IN LAW [2004] 77–97: 1. Comparative Law and the Comparative Study of Legal Traditions 78 / 2. ‘System’, ‘Family’, ‘Culture’, and ‘Tradition’ in the Classification of Law 80 / 3. Different Traditions, Differing Ways of Thinking 85 / 4. Different Expectations, Differings Institutionalisations in Law 88 / 5. Different “Rationalities”, Differing “Logics” 92 / 6. Mentality in Foundation of the Law 94 / 7. Defining a Subject for Theoretical Research in Law 96 // SOMETHING NEW, SOMETHING OLD IN THE EUROPEAN IDENTITY OF LAW? [1995] 99–102 --- FIELD STUDIES -- MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW: DEVELOPMENTS AND EXPERIENCE OF POSTMODERNITY IN CANADA [2002] 105–130: I. Canadian Law in General 105 / II. Canadian Legal Developments in Particular [1. The Transformation of the Role of Precedents 112 / 2. The Transformation of Law-application into a Collective, Multicultural and Multifactorial Search for a Solution 116 / 3. Practical Trends of Dissolving the Law’s Positivity 120 / 4. New Prerogatives Acquired by Courts 125 {a) Unfolding the Statutory Provisons in Principles 126 / b) Constitutionalisation of Issues 127 / c) The Supreme Court as the Nation’s Supreme Moral Authority 129}] // MAN ELEVATING HIMSELF? DILEMMAS OF RATIONALITY IN OUR AGE [2000] 131–163: I. Reason and its Adventures 1. Progress and Advance Questioned 131 / 2. The Human Search for Safety Objectified 133 / 3. Knowledge Separated from Wisdom 135 / 4. Pure Intellectuality thereby Born 137 / II. The Will-Element Formalised in Law 5. Mere Voluntas in the Foundation of Legal Positivism 141 / 6. Formalism with Operations Fragmented 145 / III. The State of America Exemplified 7. “Slouching into Gomorrah” 147 / IV. Consequences 8. Utopianism-cum-Voluntarism 154 / 9. With Logic in Posterior Control of Human Formulations Only 159 / V. Perspectives 10. And a Final Resolution Dreamed about 161 // RULE OF LAW? MANIA OF LAW? ON THE BOUNDARY BETWEEN RATIONALITY AND ANARCHY IN AMERICA [2002] 165–180: {Transformation of American Law and Legal Mentality 165 / With Repercussions on the Underlying Ethos 168 / Legislation through Processualisation 170 / With Hyperrationalism Added 172 / Example: Finding Lost Property 172 / Practicalness Veiled by Verbal Magic 173 / Ending in Jurispathy 175 / Transubstantiating the Self-interest of the Legal Profession 178 / Post-modernity, Substituting for Primitiveness 178} // TRANSFERS OF LAW: A CONCEPTUAL ANALYSIS [2003] 181–207: 1. Terms 182 / 2. Technicality 190 / 3. Contrasts in Transfers of Law 200 {Contrasts 200 / Criticisms 202 / Alternatives205} 4. Conclusions 206 // THE DANGERS FOR THE SELF OF BEING SELF-CENTRED: ON STANDARDS AND VALUES [2002] 209–212 --- APPENDIX -- THEORY OF LAW – LEGAL ETHNOGRAPHY, OR THE THEORETICAL FRUITS OF THE INQUIRIES INTO FOLKWAYS [2008] 213–234 1. Encounters 213 / 2. Disciplines 218 / 3. The Lawyerly Interest 223 / 4. Law and/or Laws 226 / 5. Conclusion 233 --- Index of Subjects 235 / Index of Normative Materials 242 / Index 244 . (shrink)