A post-positivist understanding of ecological science and the call for an “ecological ethic” indicate the need for a radically new approach to evaluating environmental change. The positivist view of science cannot capture the essence of environmental sciences because the recent work of “reflexive” ecological modelers shows that this requires a reconceptualization of the way in which values and ecological models interact in scientific process. Reflexive modelers are ecological modelers who believe it is appropriate for ecologists to examine the (...) motives for their choices in developing models; this self-reflexive approach opens the door to a new way of integrating values into public discourse and to a more comprehensive approach to evaluating ecological change. This reflexive building of ecological models is introduced through the transformative simile of Aldo Leopold, which shows that learning to “think like a mountain” involves a shift in both ecological modeling and in values and responsibility. An adequate, interdisciplinary approach to ecological valuation, requires a re-framing of the evaluation questions in entirely new ways, i.e., a review of the current status of interdisciplinary value theory with respect to ecological values reveals that neither of the widely accepted theories of environmental value—neither economic utilitarianism nor intrinsic value theory (environmental ethics)—provides a foundation for an ecologically sensitive evaluation process. Thus, a new, ecologically sensitive, and more comprehensive approach to evaluating ecological change would include an examination of the metaphors that motivate the models used to describe environmental change. (shrink)

Introduction -- Defamation Criteria: Fact or Value? -- The Elusive Distinction between Fact and Opinion -- Defamation and Freedom of Expression -- Conclusion -- 10 Conclusion: A Unifying Prescription -- Introduction -- Socialist Positivism -- Critical Legal Positivism -- Feminist Positivism -- Alternative Dispute Resolution -- Conclusion -- Bibliography -- Index.

Masaryk’s philosophical approach to reality is largely characterised by its orientation towards the positivism of Auguste Comte, which Masaryk sought to offset with the psychologism of J. S. Mill. The combination of these positivist approaches became the positive starting point for Masaryk’s ethics. But that was not the only influence on his ethics. Masaryk’s German translation of Hume’s book, titled Eine Untersuchung über die Prinzipien der Moral von David Hume (1883), reveals that the main stimuli that shaped (...) Masaryk’s ideas about ethics came from David Hume. Although the need for scientific evidence became a fundamental principle of Masaryk’s thought, the need to objectively anchor ethics in rational theism necessitated in this area a departure from his positivist outlook. Masaryk’s lectures on practical philosophy attest to this fact. The reason for his departure from a positivist stance was due to the metaphysical nature of his concept of psychology. (shrink)

ADDRESS ETHICS WITHOUT PROPOSITIONS. By WINSTON H. F. BARNES 1 SYMPOSIUM : ARE ALL PHILOSOPHICAL QUESTIONS, QUESTIONS OF LANGUAGE I. By STUART HAMPSHIRE 31 II. By AUSTIN DUNAN JONES 49 III. By S. KORNER 63 SYMPOSIUM : THE EMOTIVE THEORY OF ETHICS. f. By RICHARD ROBINSON 79 II. ByH. J. PATON 107 III. ByR.C. CROSS 127 SYMPOSIUM : WHAT CAN LOGIC DO FOR PHILOSOPHY I. By K. K. POPPER 141 II. By WILLIAM KNEALE 155 III. By PROFESSOR A. (...) J. AYER 167 SYMPOSIUM : THINGS AND PERSONS. I. By PROFESSOR D. M. MACKINNON 179 II. By PROFESSOR H. A. HODGES 190 III. BY J. WISDOM 202. (shrink)

Reissued in its revised 1866 second edition, this work by John Stuart Mill discusses the positivist views of the French philosopher and social scientist Auguste Comte. Comte is regarded as the founder of positivism, the doctrine that all knowledge must derive from sensory experience. The two-part text was originally printed as two articles in the Westminster Review in 1865. Part 1 offers an analysis of Comte's earlier works on positivism in the natural and social sciences, while Part 2 considers (...) its application in areas such as religion and ethics. Mill states that Comte is the first philosopher who has attempted to extend positivism 'to all objects of human knowledge'. Despite being critical of a number of Comte's views, such as the exclusion of psychology from positivist science, Mill acknowledges his fellow philosopher's influence in the face of common negative perceptions of the positivist movement. (shrink)

It appears that there is a conflict of values running through business ethics between profits accruing to shareholders and the cost of entrepreneurial activities on wider stakeholders. In the ethics research literature, the multiplicity of normative ethical stances has resulted in much debate but little in the way of consistent policy proposals. There is, by comparison, an extensive literature in positive economics that attempts to resolve value conflicts similar to those faced by business ethicists. In this paper the (...) adoption of positive welfare statements are advocated and the value judgements implicit in economics are used as the starting point. It is argued that there is merit in expressly stating a set of value judgements to demonstrate the intractable nature of finding a social consensus without a positive social welfare function that explicitly weights the values. This paper reviews the arguments surrounding corporate objectives, particularly with regard to ethical considerations and the profit maximisation orthodoxy. This is discussed within the stakeholder‐stockholder narrative. A range of ethical positions in the management strategy literature are analysed and discussed. It is argued that the values underpinning business ethics research can be conceived of via a function of social welfare (including an ethical ‘auctioneering’ model). The paper concludes by suggesting that all ethical positions can be captured by a Bergson‐type welfare function. (shrink)

It appears that there is a conflict of values running through business ethics between profits accruing to shareholders and the cost of entrepreneurial activities on wider stakeholders. In the ethics research literature, the multiplicity of normative ethical stances has resulted in much debate but little in the way of consistent policy proposals. There is, by comparison, an extensive literature in positive economics that attempts to resolve value conflicts similar to those faced by business ethicists. In this paper the (...) adoption of positive welfare statements are advocated and the value judgements implicit in economics are used as the starting point. It is argued that there is merit in expressly stating a set of value judgements to demonstrate the intractable nature of finding a social consensus without a positive social welfare function that explicitly weights the values. This paper reviews the arguments surrounding corporate objectives, particularly with regard to ethical considerations and the profit maximisation orthodoxy. This is discussed within the stakeholder‐stockholder narrative. A range of ethical positions in the management strategy literature are analysed and discussed. It is argued that the values underpinning business ethics research can be conceived of via a function of social welfare (including an ethical ‘auctioneering’ model). The paper concludes by suggesting that all ethical positions can be captured by a Bergson‐type welfare function. (shrink)

In No Place for Ethics, Hill argues the Supreme Court has an overriding obligation to ground its judicial review responsibilities not only in the Constitution but also in ethics, understood as the Constitution's ultimate justification. The text discusses a response to the question basic to all human beings: how should I behave?

In Beyond Positivism, Behaviorism, and Neoinstitutionalism in Economics, Deirdre Nansen McCloskey zeroes in on the authoritarian cast of recent economics, arguing for a re-focusing on the liberated human. The behaviorist positivism fashionable in the field since the 1930s treats people from the outside. It yielded in Williamson and North a manipulative neoinstitutionalism. McCloskey argues that institutions as causes are mainly temporary and intermediate, not ultimate. They are human-made, depending on words, myth, ethics, ideology, history, identity, professionalism, gossip, movies, what (...) your mother taught you. Humans create conversations as they go, in the economy as in the rest of life. In engaging and erudite prose, McCloskey exhibits in detail the scientific failures of neoinstitutionalism. She proposes a "humanomics," an economics with the humans left in. Humanomics keeps theory, quantification, experiment, mathematics, econometrics, though insisting on more true rigor than is usual. It adds what can be learned about the economy from history, philosophy, literature, and all the sciences of humans. McCloskey reaffirms the durability of "market-tested innovation" against the imagined imperfections to be corrected by a perfect government. With her trademark zeal and incisive wit, she rebuilds the foundations of economics. (shrink)

It is natural to think of legal positivism and jurisprudential naturalism as intellectually allied ideas. Legal positivism is associated with the idea that law is a matter of social fact; naturalism is a philosophical tenet that, among other things suggests the importance of scientific findings and methods to philosophy. At the very least, there seems to be a close family resemblance between the two views. In this essay, I challenge this view from a naturalistic perspective. I show that the best-known (...) proponents of legal positivism in the twentieth century all rejected naturalism. I dedicate most of my discussion to H.L.A. Hart’s version of legal positivism, as it appears superficially friendly to naturalism. I show that throughout his career and in writings on a wide range of topics, Hart consistently argued against the applicability of the methods of science to the explanation of social phenomena. This is not a small matter: I argue that it is this anti-naturalistic stance that contributed to his descriptively faulty account of adjudication. After reviewing more briefly the work of other leading legal positivists, I argue in my conclusion that those seeking to advance a naturalistic approach to law should turn their backs of much of twentieth-century legal positivism, which in various guises has been hostile to naturalism. (shrink)

In recent years, David Plunkett and Tim Sundell have published a series of interesting articles that made an original use of resources from linguistics and philosophy of language to reply to arguments for legal antipositivism, the thesis according to which moral or value facts are part of what determines what the law is in a given jurisdiction at a given time. Plunkett and Sundell’s strategy for resisting antipositivism appeals to the notion of a metalinguistic negotiation, which incorporates the notion of (...) a metalinguistic or context disagreement. Sundell 2011 had argued that metalinguistic disagreements are a possible component of disputes about evaluative matters. A further notion deployed is that of conceptual ethics, an essential component of metalinguistic negotiations. This paper approaches a crucial concern about the deployment of both notions against disagreement-based arguments for legal antipositivism. Metalinguistic negotiations displace disagreements from the semantic to the metalinguistic level, but do not eliminate the appeal to moral or other normative reasons from legal disagreements. Conceptual ethics purports to be a normative activity, engaged with prescribing ways one ought to think and talk. On a broad understanding of legal reasoning and practice, metalinguistic negotiations and conceptual ethics are an integral part of it, and hence are consistent with evaluative and normative facts being essential to, and constitutive of, the law. Or so this paper argues. (shrink)

The author investigates carnap's rejection of "problems of reality" (both metaphysics and epistemology). This includes a section on positivism and ethics. He concludes that correspondence theories are untenable. (staff).

Mr. Ayer , in Language, Truth and Logic , says: “Sentences which simply express moral judgments do not say anything. They are pure expressions of feeling and as such do not come under the category of truth and falsehood.... Aesthetic terms are used in exactly the same way as ethical terms.".

Modern jurisprudence has typically been presented as a debate between legal positivism and natural law. Though the demise of legal positivism has been touted despite its pre-eminence in past decades, it is clear that there remains a vigorous debate surrounding this theory. It is noteworthy that Hans J. Morgenthau’s legal thought and critique of legal positivism have remained unexplored in the context of this debate. Largely forgotten, his legal thought answers questions that lie at the heart of the natural law (...) and legal positivist debate. It showcases his deeply nuanced understanding of legal and political theory and contains a powerful and insightful commentary on the fundamental problems faced by international law. Building on existing literature, this paper unearths Morgenthau’s critique of legal positivism. It does this by re-examining his works, which address the question of whether moral considerations are relevant to determining the content of the law in force. It brings his legal thought to light, which highlights the artificiality of the division between law and morality and offers a nuanced analysis of problems inherent in international law. Ultimately, the paper challenges the claim that the law can be determined without resorting to moral judgement and shows how Morgenthau’s insights remain relevant to legal positivism and natural law debates today. (shrink)

James’s positivism is different from Comte’s, Clifford’s, and the logical positivists’. Notably, it presupposes a difference between natural–scientific inquiries and the metaphysical inquiry he calls radical empiricism. Equally importantly, the positivism of James’s great book, The Principles of Psychology, studies the cerebral conditions of the will. This cerebralism is necessary background for understanding James’s voluntarism, the will–to–believe doctrine that came later. James’s positivism goes hand–in–hand with his value pluralism; they are responsible for different domains of inquiry, natural-scientific and ethical, respectively. (...) It is a mistake to impose a “master moral syllogism” onto the former, implying that all facts are constituted by the will as guided by a utilitarian moral principle. Cerebral shaping of the will occurs not only through the “front door” of experience, especially in the formation of habit, but also through the “back stairs” of mutation and natural selection, which creates brains suited to different pursuits. The brain is no tabula rasa. (shrink)

The verifiability principle was the characteristic claim of a group of thinkers who called themselves the Vienna Circle and who formed the philosophical movement now known as logical positivism. The verifiability principle is an empiricist criterion of meaning which declares that only statements that are verifiable by —i.e., logically deducible from— observational statements are cognitively meaningful. -/- This essay is a short introduction to the philosophical movement of logical positivism and its formulation of the verifiability principle. Its primary aim is (...) to provide students of philosophy with an accessible first overview of this philosophical movement. -/- After pointing out some aspects of the philosophical background of logical positivism (section 1), I will comment on the reasoning that lead these authors to formulate the verifiability principle (section 2), and I will analyse the debate about how to understand observational language and how observational statements (the so-called ‘protocol statements’) are verified (section 3). I will also comment on the two main consequences of accepting the verifiability principle: the conception of philosophy as the task of logical analysis and the project of unified science (section 4), and I will explain the different views on ethical language defended by logical positivists (section 5). I will end this essay by identifying the main problems of the verifiability principle and I will explain the core ideas of Carnap’s confirmability criterion, which attempts to resolve these problems (section 6 and 7). (shrink)

The issue of interpersonal comparisons of utility is about the possibility (or not) of comparing the utility or welfare or the mental states in general, of different individuals. Embedded in the conceptual framework of utilitarianism, interpersonal comparisons were admissible in economics as part of the theoretical justification of welfare policies until the first decades of the twentieth century. Under the strong influence of the scientific philosophy of positivism as reflected in the works of early neoclassical economists and as epitomized by (...) Lionel Robbins, utility comparisons were subsequently rejected as a value judgement. Robbins’ methodological stance is still prevalent among mainstream economists. Despite the explicit rejection of comparability by the majority of economists, interpersonal comparisons are necessary for many key policy issues, such as progressive taxation, social welfare policies, GDP-based welfare comparisons, cost–benefit analysis, and public goods provision. In this paper, the case of interpersonal utility comparisons is discussed as an illustrative example of the usefulness of the study of the role of value judgements, and generally of the interrelationship between ethics and economics. It is argued that the current tension between theory and policy practice might be resolved through the efforts of prominent economists and philosophers to challenge positivism, and especially its problematic treatment of value judgements and of ethical assumptions in general. The discussion also provides more strength to the view that policy makers and their economic advisers cannot avoid ethical questions in their analysis of the workings of the economic system. (shrink)

Has the emergence of post-positivism in philosophy of science changed the terms of the “is/ought” dichotomy? If it has demonstrated convincingly that there are no “facts” apart from the theoretical frames and evaluative standards constructing them, can such a cordon sanitaire really be upheld between “facts” and values? The point I wish to stress is that philosophy of science has had a central role in constituting and imposing the fact/value dichotomy and a revolution in the philosophy of science should not (...) leave the dichotomy unaffected. The connection between post-positivism and naturalism will be my guiding thread in considering this “last dogma of positivism.” First this essay will specify the sense of naturalism that it will take to be essential to the post-positivist philosophy of science: the deflation of the notion of the “purity” of scientific knowledge. Then it will turn to the question of the implications that follow for the “autonomy” of ethics, including the danger posed by a new form of scientistic reductionism. (shrink)

Tom Campbell is well known for his distinctive contributions to legal and political philosophy over three decades. In emphasising the moral and political importance of taking a positivist approach to law and rights, he has challenged current academic orthodoxies and made a powerful case for regaining and retaining democratic control over the content and development of human rights. This collection of his essays reaches back to his pioneering work on socialist rights in the 1980s and forward from his seminal (...) book, The Legal Theory of Ethical Positivism (1996). An introductory essay provides an historical overview of Professor Campbell's work and argues for the continuing importance of 'democratic positivism' at a time when it is again becoming clear that courts are ineffective protectors of human rights. (shrink)

This paper deals with the possibility of faultless disagreement in law. It does this by looking to other spheres in which faultless disagreement appears to be possible, mainly in matters of taste and ethics. Three possible accounts are explored: the realist account, the relativist account, and the expressivist account. The paper tries to show that in the case of legal disagreements, there is a place for an approach that can take into account our intuitions in the sense that legal (...) disagreements are genuine and at times faultless. (shrink)

Robert Musil's unfinished novel The Man Without Qualities is testimony that Arthur Schopenhauer's legacy in early-twentieth-century European culture cuts across the familiar opposition between neo-romantic irrationalism and scientific positivism. I adduce evidence in Musil's unfinished novel and contemporaneous essays and journal entries that his utopian vision of an integration of ethical inwardness and scientific objectivity, an integration productive of an existence without qualities, is symptomatic of a Schopenhauerian outlook that prevailed in Europe êntre deux guerres and yielded a crisis of (...) narratives and consequent moral ambivalence. Musil's literary style achieves a vivid rendering of the causes and conditions of the ethical paralysis afflicting the modern self committed to the exploration of inwardness. (shrink)

During its hundred-year history, Ludwig Wittgenstein’s Tractatus Logico-Philosophicus has undergone a variety of interpretations and explanations. But the significance of this work cannot be limited to an assessment of whether it had an impact on the development of logical positivism or not. Similarly, the reading of Tractatus cannot be reduced to just an ethical or some other readings. This article proposes to study a possible reading of “Tractatus” in terms of legal philosophy, which is based on the relation between facts, (...) values and norms, as well as on how interesting it could be (or would be) for legal philosophy. (shrink)

This chapter contains sections titled: European Positivism Latin American Positivism Martí Rodó Vaz Ferreira Ingenieros References Further Reading.

The hypothesis of this paper is that legal positivism depends on the non plausibility of strong moral cognitivism because of the non necessary connection thesis between law and morality that legal positivism is supposed to acknowledge. The paper concludes that only when based on strong moral cognitivism is it consistent to sustain the typical non-positivistic thesis of the necessary connection between law and morality. Habermas’s Philosophy of law is confronted with both positions.

One of the central debates in legal philosophy is the debate over legal positivism. Roughly, positivists say that law is ultimately grounded in social facts alone, whereas antipositivists say it is ultimately grounded in both social facts and moral facts. In this paper, I argue that philosophers involved in the dispute over legal positivism sometimes employ distinct concepts when they use the term “law” and pick out different things in the world using these concepts. Because of this, what positivists say (...) might well then be true of one thing (e.g., law1) but false of another (e.g., law2). Accepting this thesis does not mean that the philosophers engaged in this dispute are “talking past each other” or engaged in a “merely verbal dispute” that lacks substance. I argue that participants in this dispute are sometimes arguing about what they should mean by the word “law” in the context at hand. This involves putting forward competing proposals about which concept the word “law” should be used to express. This is an issue in what I call “conceptual ethics.” This argument in conceptual ethics can be well worth having, given the connotations that the term “law” plays in many contexts, ranging from legal argument to political philosophy to social-scientific inquiry. Sometimes, I claim, philosophers (and ordinary speakers) engage in such argument tacitly by competing “metalinguistic” usages of the term “law”—usages of the term that express a view (in this case, a normative view) about the meaning of the word itself. In such cases, speakers on different sides of the positivism debate might in fact both speak truly, in terms of the literal (semantic) content of what they both say. Nonetheless, they may disagree in virtue of views in conceptual ethics about “law” that they express through the nonliteral content of what they say. These views in conceptual ethics often reflect further disagreements about issues that are not ultimately about words or concepts. These include foundational ones in ethics and politics about how we should live and what kind of institutions should govern our lives. My metalinguistic account of the dispute over legal positivism better equips us to identify what such issues are and to engage them more fruitfully. (shrink)

Review of Lipscomb, B. J. B. (2021). The Women Are Up to Something: How Elizabeth Anscombe, Philippa Foot, Mary Midgley, and Iris Murdoch Revolutionized Ethics. Oxford: Oxford University Press.

H. L. A Hart complained about the ambiguity of legal positivism, and proposed a definition that refers to particular explications of the concept of law, to certain theories of legal interpretation, to particular views on the moral problem of a duty to obey the law, and to a sceptical position with regard to the meta-ethical issue of the possibility of moral knowledge. It is said to be restricted to the Thesis of Separation — the contention that there is no necessary (...) connection between law and morals. In this chapter, the Separation Thesis is discussed even further, and has three shortcomings identified: first, that it has been vacillating between object-level contentions about moral qualities of the law; that the precise logical relation between both levels has never been properly accounted for; and that the question of necessary relations between morality and law hinges crucially on the presupposition that the very concept of law itself does not unravel into different sets of convenient stipulations from different epistemological angles, each of which renders the question of such necessary relations trivial. The Separation Thesis is also identified as having two versions: the Fallibility Law and the Neutrality Law. (shrink)

This paper presents a rereading of David Little and Sumner Twiss's Comparative Religious Ethics in the context of its initial reception and legacy within the field of religious ethics and argues that we can read it more charitably as a piece of pragmatism rather than as a work of formalism or semi-formalism. If one does not read Little and Twiss as committed positivists concerned with realizing a specific research program associated with the “twilight of logical empiricism,” then their (...) theoretical and methodological recommendations, illustrated in their case studies, appear more pragmatic in nature and less excessively rigid. By rereading Comparative Religious Ethics in this light, we can see more clearly its relevance for the field today, particularly regarding the fundamental importance of the discursive activity of practical reasoning, or the game of giving and asking for reasons, in the study of religious ethics. (shrink)

Researchers misunderstand their role in creating ethical problems when they allow dogmas to purportedly divorce scientists and scientific practices from the values that they embody. Cortina, Edwards, and Powell help us clarify and further develop our position by responding to our critique of, and alternatives to, this misleading separation. In this rebuttal, we explore how the desire to achieve the separation of facts and values is unscientific on the very terms endorsed by its advocates—this separation is refuted by empirical observation. (...) We show that positivists like Cortina and Edwards offer no rigorous theoretical or empirical justifications to substantiate their claims, let alone critique ours. Following Powell, we point to how classical pragmatism understands ‘purpose’ in scientific pursuits while also providing an alternative to the dogmas of positivism and related philosophical positions. In place of dogmatic, unscientific cries about an abstract and therefore always-unobservable ‘reality,’ we invite all organizational scholars to join us in shifting the discussion about quantitative research towards empirically grounded scientific inquiry. This makes the ethics of actual people and their practices central to quantitative research, including the thoughts, discourses, and behaviors of researchers who are always in particular places doing particular things. We propose that quantitative researchers can thus start to think about their research practices as a kind of work, rather than having the status of a kind of dogma. We conclude with some implications that this has for future research and education, including the relevance of research and research methods. (shrink)