I examine the value and limitations of Kuhn’s Structure of Scientific Revolutions. In the interests of developing a social epistemology of science, I argue that we should draw on Kuhn’s later work, published in The Road since Structure. There, Kuhn draws attention to the important role that specialty formation plays in resolving crises in science, a topic he did not discuss in Structure. I argue that we need to develop a better understanding of specialty research communities. Kuhn’s later work provides (...) a research agenda for those who want to study scientific specialization. I briefly discuss some recent studies that promise to provide valuable insight into the social structure of science. (shrink)

I examine the value and limitations of Kuhn’s Structure of Scientific Revolutions. In the interests of developing a social epistemology of science, I argue that we should draw on Kuhn’s later work, published in The Road since Structure. There, Kuhn draws attention to the important role that specialty formation plays in resolving crises in science, a topic he did not discuss in Structure. I argue that we need to develop a better understanding of specialty research communities. Kuhn’s later work provides (...) a research agenda for those who want to study scientific specialization. I briefly discuss some recent studies that promise to provide valuable insight into the social structure of science. (shrink)

The epistemological analysis offered in this paper reveals that a combination of pieces of evidence, none of them sufficient by itself to warrant a causal conclusion to the legally required degree of proof, may do so jointly. The legal analysis offered here, interlocking with this, reveals that Daubert’s requirement that courts screen each item of scientific expert testimony for reliability can actually impede the process of arriving at the conclusion most warranted by the evidence proffered.

In place of the traditional epistemological view of knowledge as justified true belief we argue that artificial intelligence and law needs an evidence-based epistemology according to which scientific knowledge is based on critical analysis of evidence using argumentation. This new epistemology of scientific evidence (ESE) models scientific knowledge as achieved through a process of marshaling evidence in a scientific inquiry that results in a convergence of scientific theories and research results. We show how a dialogue interface of argument from expert (...) opinion, along with its set of critical questions, provides the argumentation component of the ESE. It enables internal scientific knowledge to be translated over into a wider arena in which individual nonexpert citizens and groups can make use of it. The external component shows how evidence is presented and used in a legal procedural setting that includes fact-finding, weighing the credibility of expert witnesses, and critical questioning of arguments. The paper critically reviews the standards of admissibility of scientific evidence using the ESE. (shrink)

While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen in a (...) dialectical context as a set of critical questions of the kind commonly used in models of argumentation. (shrink)

Although postmodernist thought has become prominent in some educational circles, its influence on science education has until recently been rather minor. This paper examines the proposal of Michalinos Zembylas, published earlier in this journal, that Lyotardian postmodernism should be applied to science educational reform in order to achieve the much sought after positive transformation. As a preliminary to this examination several critical points are raised about Lyotard's philosophy of education and philosophy of science which serve to challenge and undermine Zembylas’ (...) project. Subsequently, the three main theses of Lyotard that Zembylas considers beneficial and wishes to transpose onto science classrooms and pedagogy are scrutinized and found to be more of a hindrance than a help to curriculum reformers. (shrink)

Scientism is a philosophy which purports to define what the world ‘really is’. It adopts what the philosopher Thomas Nagel called ‘an epistemological criterion of reality’, defining what is real as that which can be discovered by certain quite specific methods of investigation. As a consequence all features of experience not revealed by those methods are deemed ‘subjective’ in a way that suggests they are either not real, or lie beyond the scope of meaningful rational inquiry. This devalues capacities that (...) (we argue) are in fact essential components of good reasoning and virtuous practice. Ultimately, the implications of scientism for statements of value undermine value-judgements essential for science itself to have a sound basis. Scientism has implications, therefore, for ontology, epistemology and also for which claims we can assert as objective truths about the world. Adopting scientism as a world view will have consequences for reasoning and decision-making in clinical and other contexts. We analyse the implications of this approach and conclude that we need to reject scientism if we are to avoid stifling virtuous practice and to develop richer conceptions of human reasoning. (shrink)

This article offers a Weberian perspective on philosophy's relationship to social science research in education. Two key areas where it can make an important contribution are discussed: methodology, and the clarification of value principles that necessarily frame inquiries. In relation to both areas, it is claimed that some researchers underestimate philosophy's contribution, while others exaggerate it. Thus, in methodological work, there are those who effectively suppress philosophical issues, producing ‘methodology-as-technique’; at the same time, others generate ‘methodology-as-philosophy’, often denying the possibility (...) of knowledge, the regulative ideal of truth, and the desirability of objectivity. It is argued that both these tendencies are counterproductive: neither enables research on education to flourish. In relation to the second area, it is shown that philosophy is needed to clarify the value principles that educational researchers use to frame their inquiries; but, at the same time, that it cannot provide a value framework to govern social science. The concept of equity is discussed as an example. In summary, it is argued that while philosophy plays an essential role in social and educational inquiry, there are important limits to its contribution. (shrink)

In ordinary circumstances, we can assess the worth of evidence well enough without benefit of any theory; but when evidence is especially complex, ambiguous, or emotionally disturbing—as it often is in legal contexts—epistemological theory may be helpful. A legal fact-finder is asked to determine whether the proposition that the defendant is guilty, or is liable, is established to the required degree of proof by the [admissible] evidence presented; i.e., to make an epistemological appraisal. The foundherentist theory developed in Evidence and (...) Inquiry can help us understand what this means; and reveals that degrees of proof cannot be construed as mathematical probabilities: a point illustrated by comparing the advantages of a foundherentist analysis with the disadvantages of probabilistic analyses of the evidence in the Sacco and Vanzetti case (1921), and of the role of the statistical evidence in Collins (1968). (shrink)

After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the "pluralistic universe" of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5).

In 1880, when Oliver Wendell Holmes (later to be a Justice of the U.S. Supreme Court) criticized the logical theology of law articulated by Christopher Columbus Langdell (the first Dean of Harvard Law School), neither Holmes nor Langdell was aware of the revolution in logic that had begun, the year before, with Frege's Begriffsschrift. But there is an important element of truth in Holmes's insistence that a legal system cannot be adequately understood as a system of axioms and corollaries; and (...) this element of truth is not obviated by the more powerful logical techniques that are now available. (shrink)

Nobody seriously doubts the possibility, or the usefulness, of finding things out; that is something we all take for granted when we inquire about our plane schedule, the state of our bank account, the best treatment for our child's illness, and so forth – a presupposition of the most ordinary, everyday looking into things as well as of the most sophisticated scientific research, not to mention of the legal system. Of course, nobody seriously doubts, either, that sometimes, instead of really (...) looking into things, people fake, fudge, and obfuscate to avoid discovering unpalatable truths or having to give up comfortable tenets; that is something we all take for granted when we ask who paid for a reassuring study, who stands to gain from an Official Inquiry, which party an expert witness works for, and so on.Of late, however, radical feminists, multiculturalists, sociologists and rhetoricians of science, and a good many philosophers as well – though they look into questions about their plane schedules, bank accounts, medical treatments, etc., just like everyone else – profess to have seen through what the rest of us take for granted. (shrink)

Notwithstanding the remarkable achievements made by medical science over the last half of the twentieth century, there is a palpable sense that a strictly medical view of human health, that is one founded on modernist assumptions, has become problematic, if not counterproductive. In this study, I argue that as nursing continues to eagerly welcome and indeed champion medical epistemology in the form of knowledge transfer, evidence‐based practice, research utilization, outcomes‐based practice, quantifiable efficiency and effectiveness, it risks becoming little more than (...) a medical science addendum and indeed one that inherits the problems now facing contemporary medicine. The purpose of this study then is to attempt to resituate nursing as a discipline at work within an ontopolitical matrix of radical democratic pluralism. I begin by tracing a philosophical line from Kuhn’s paradigms to Bloor’s strong programme of Sociology of Scientific Knowledge. Following this, I attempt to explicate the thought of Bruno Latour as a philosophical alternative to Sociology of Scientific Knowledge. Next, I outline the radical pluralism of William Connolly in an effort to demonstrate its similarity to Latour’s philosophy and finally how such a position is germane to contemporary nursing and the reality of politics. I do this with reference to the controversial issue of illicit drug use and harm reduction. In effect, I argue that such an issue cannot be dealt with using scientific evidence alone, but rather requires a philosophy of advocacy, what I term democratic advocacy, that is capable of responding to the politics of suffering, which is to say suffering that results from identity/difference. (shrink)