What can interactive robots offer to the study of social behaviour? Philosophical reflections about the use of robotic models in animal research have focused so far on methods involving robots which do not interact with the target system. Yet, leading researchers have claimed that interactive robots may constitute powerful experimental tools to study collective behaviour. Can they live up to these epistemic expectations? This question is addressed here by focusing on a particular experimental methodology involving interactive robots which has been (...) often adopted in animal research. This methodology is shown to differ from other robot-supported methods for the study of animal behaviour analysed in the philosophical literature, chiefly including the synthetic method. It is also discussed whether biomimicry and acceptability are necessary for an interactive robot to be sensibly used in animal research according to this method. (shrink)

In their theoretical and experimental reflections on the capacities and behaviours of living systems, neuroscientists often formulate generalizations about the behaviour of neural circuits. These generalizations are highly idealized, as they omit reference to the myriads of conditions that could perturb the behaviour of the modelled system in real-world settings. This article analyses an experimental investigation of the behaviour of place cells in the rat hippocampus, in which highly idealized generalizations were tested by comparing predictions flowing from them with real-world (...) experimental results. The aim of the article is to identify under what conditions even single prediction failures regarding the behaviour of single cells sufficed to reject highly idealized generalizations, and under what conditions prima facie counter-examples were deemed to be irrelevant to the testing of highly idealized generalizations. The results of this analysis may contribute to understanding how idealized models are tested experimentally in neuroscience and used to make reliable predictions concerning living systems in real-world settings. (shrink)

The "myside bias'' in evaluating arguments is an empirically well-confirmed phenomenon that consists of overweighting arguments that endorse one's beliefs or attack alternative beliefs while underweighting arguments that attack one's beliefs or defend alternative beliefs. This paper makes two contributions: First, it proposes a probabilistic model that adequately captures three salient features of myside bias in argument evaluation. Second, it provides a Bayesian justification of this model, thus showing that myside bias has a rational Bayesian explanation under certain conditions.

Robots are being extensively used for the purpose of discovering and testing empirical hypotheses about biological sensorimotor mechanisms. We examine here methodological problems that have to be addressed in order to design and perform “good” experiments with these machine models. These problems notably concern the mapping of biological mechanism descriptions into robotic mechanism descriptions; the distinction between theoretically unconstrained “implementation details” and robotic features that carry a modeling weight; the role of preliminary calibration experiments; the monitoring of experimental environments for (...) disturbing factors that affect both modeling features and theoretically unconstrained implementation details of robots. Various assumptions that are gradually introduced in the process of setting up and performing these robotic experiments become integral parts of the background hypotheses that are needed to bring experimental observations to bear on biological mechanism descriptions. (shrink)

We examine the relationship between scientific knowledge and the legal system with a focus on the exclusion of expert testimony from trial as ruled by the Daubert standard in the US.We introduce a simple framework to understand and assess the role of judges as “gatekeepers”, monitoring the admission of science in the courtroom. We show how judges face a crucial choice, namely, whether to limit Daubert assessment to the abstract reliability of the methods used by the expert witness or also (...) to check whether the application of those methods was correct. Undesirable outcomes result from both choices, thereby giving rise to the “gatekeeper’s dilemma.” We illustrate the dilemma by analyzing in some detail two well-known cases of Daubert challenges to economic experts. Finally, we present reasons for the absence of straightforward solutions to the dilemma and for its likely endurance. (shrink)

The model of self-referential truth presented in this paper, named Revision-theoretic supervaluation, aims to incorporate the philosophical insights of Gupta and Belnap’s Revision Theory of Truth into the formal framework of Kripkean fixed-point semantics. In Kripke-style theories the final set of grounded true sentences can be reached from below along a strictly increasing sequence of sets of grounded true sentences: in this sense, each stage of the construction can be viewed as an improvement on the previous ones. I want to (...) do something similar replacing the Kripkean sets of grounded true sentences with revision-theoretic sets of stable true sentences. This can be done by defining a monotone operator through a variant of van Fraassen’s supervaluation scheme which is simply based on ω-length iterations of the Tarskian operator. Clearly, all virtues of Kripke-style theories are preserved, and we can also prove that the resulting set of “grounded” true sentences shares some nice features with the sets of stable true sentences which are provided by the usual ways of formalising revision. What is expected is that a clearer philosophical content could be associated to this way of doing revision; hopefully, a content directly linked with the insights underlying finite revision processes. (shrink)

What do we see when we look at someone's expression of fear? I argue that one of the things that we see is fear itself. I support this view by developing a theory of affect perception. The theory involves two claims. One is that expressions are patterns of facial changes that carry information about affects. The other is that the visual system extracts and processes such information. In particular, I argue that the visual system functions to detect the affects of (...) others when they are expressed in the face. I develop my theory by drawing on empirical data from psychology and brain science. Finally, I outline a theory of the semantics of affect perception. (shrink)

This paper defends the viability of de-idealization strategies in economic modeling against recent criticism. De-idealization occurs when an idealized assumption of a theoretical model is replaced with a more realistic one. Recently, some scholars have raised objections against the possibility or fruitfulness of de-idealizing economic models, suggesting that economists do not employ this kind of strategy. We present a detailed case study from the theory of industrial organization, discussing three different models, two of which can be construed as de-idealized versions (...) of the first. We conclude that recent pessimism about de-idealization in economics is largely unfounded, and that de-idealization strategies are not only possible but also widely employed in economics. (shrink)

The classical theory of definitions bans so-called circular definitions, namely, definitions of a unary predicate P, based on stipulations of the form $$Px =_{\mathsf {Df}} \phi,$$where ϕ is a formula of a fixed first-order language and the definiendumP occurs into the definiensϕ. In their seminal book The Revision Theory of Truth, Gupta and Belnap claim that “General theories of definitions are possible within which circular definitions [...] make logical and semantic sense” [p. IX]. In order to sustain their claim, they (...) develop in this book one general theory of definitions based on revision sequences, namely, ordinal-length iterations of the operator which is induced by the definition of the predicate. Gupta-Belnap’s approach to circular definitions has been criticised, among others, by D. Martin and V. McGee. Their criticisms point to the logical complexity of revision sequences, to their relations with ordinary mathematical practice, and to their merits relative to alternative approaches. I will present an alternative general theory of definitions, based on a combination of supervaluation and ω-length revision, which aims to address some criticisms raised against revision sequences, while preserving the philosophical and mathematical core of revision. (shrink)

The my-side bias is a well-documented cognitive bias in the evaluation of arguments, in which reasoners in a discussion tend to overvalue arguments that confirm their prior beliefs, while undervaluing arguments that attack their prior beliefs. The first part of this paper develops and justifies a Bayesian model of myside bias at the level of individual reasoning. In the second part, this Bayesian model is implemented in an agent-based model of group discussion among myside-biased agents. The agent-based model is then (...) used to perform a number of experiments with the objective to study whether the myside bias hinders or enhances the ability of groups to collectively track the truth, that is, to reach the correct answer to a given binary issue. An analysis of the results suggests the following: First, whether the truth-tracking ability of groups is helped or hindered by myside bias crucially depends on how the strength of myside bias is differentially distributed across subgroups of discussants holding different beliefs. Second, small groups are more likely to track the truth than larger groups, suggesting that increasing group size has a detrimental effect on collective truth-tracking through discussion. (shrink)

Robotics and Philosophy of Science What relationship holds between robotics and philosophy of science? Can robotics research contribute to research in philosophy of science? Conversely, can the results achieved by philosophers of science contribute to the progress of research in robotics? This article will deal with both questions based on the distinction between the so-called philosophy of general science and the philosophy of the particular sciences. It will draw relatively pessimistic conclusions about the possibility that robotics research shed light on (...) questions pertaining to the philosophy of general science, and more optimistic conclusions about the potential contribution of robotics research to the philosophy of particular sciences. The normative aspect of philosophy of science is consistent with the possibility that this field of research, taking robotics as its object of study, provides guidelines and regulative methodological principles for engineers and roboticists. Through these considerations, this article attempts to explore a possible field of interaction between philosophy and scientific-technological research, with reference to a discipline that is assuming an increasingly predominant role in many aspects of daily life. (shrink)

In Hannes Leitgeb’s article What truth depends on the author provides a formally correct and materially adequate truth definition for the set of all grounded sentences, defined as the least fixed point of a monotone operator of semantic dependence. In this paper we will focus on the mathematical aspects of Leitgeb’s notions of dependence, grounding and truth, recasting Leitgeb’s construction in a functional setting in which we establish some new facts about these notions.

The significance of consciousness in modern science is discussed by leading authorities from a variety of disciplines. Presenting a wide-ranging survey of current thinking on this important topic, the contributors address such issues as the status of different aspects of consciousness; the criteria for using the concept of consciousness and identifying instances of it; the basis of consciousness in functional brain organization; the relationship between different levels of theoretical discourse; and the functions of consciousness.

The advancement of computing technology makes it possible to build extremely accurate digital reconstructions of brain circuits. Are such unprecedented levels of biological accuracy essential for brain simulations to play the roles they are expected to play in neuroscientific research? The main goal of this paper is to clarify this question by distinguishing between various roles played by large-scale simulations in contemporary neuroscience, and by reflecting about what makes a simulation biologically accurate. It is argued that large-scale simulations may play (...) model-oriented and prediction-oriented roles in brain research, and that the concept of biological accuracy can be interpreted as related to the plausibility of the theoretical model implemented in the simulation system, to the accuracy of the computer implementation, and to the level of details of the implemented model. Building on these observations and distinctions, it is argued that biological accuracy is not essential for a computer simulation to play the epistemic roles it is expected to play in brain research. (shrink)

Simulation studies have been carried out in robotics for a variety of epistemic and practical purposes. Here it is argued that two broad classes of simulation studies can be identified in robotics research. The first one is exemplified by the use of robotic systems to acquire knowledge on living systems in so-called biorobotics, while the second class of studies is more distinctively connected to cases in which artificial systems are used to acquire knowledge about the behaviour of autonomous mobile robots. (...) The two classes pertain to sub-areas of robotics which are apparently quite distant from one another in terms of goals, methodologies, technologies, and theoretical backgrounds. Still both are concerned with building, running, and experimenting on simulations of other systems. This paper aims to reveal and discuss some methodological commonalities between the two classes of studies. Philosophical literature on simulation methodologies has been traditionally focused on studies carried out in research fields other than robotics: this article may therefore contribute to shedding light on how the concept of simulation is used in robotics, and on the role simulation methodologies play in this research field. (shrink)

Transfinite ordinal numbers enter mathematical practice mainly via the method of definition by transfinite recursion. Outside of axiomatic set theory, there is a significant mathematical tradition in works recasting proofs by transfinite recursion in other terms, mostly with the intention of eliminating the ordinals from the proofs. Leaving aside the different motivations which lead each specific case, we investigate the mathematics of this action of proof transforming and we address the problem of formalising the philosophical notion of elimination which characterises (...) this move. (shrink)

La democrazia vive dello scambio tra opinioni in un contesto di libertà e pluralismo. Quando però nel dibattito pubblico comincia a farsi strada l’idea che le opinioni possano prescindere dai più elementari dati di realtà e possano essere supportate da “verità alternative” prive di ogni riscontro fattuale, viene meno ogni denominatore comune a tutti i discorsi sociali. Come ha sottolineato Hannah Arendt, la libertà di opinione scade a mera illusione se non viene garantita l’informazione obiettiva e i fatti non sono (...) più alla base delle opinioni. Le verità fattuali rendono possibile la discussione politica proprio perché ricordano agli esseri umani che esiste un limite invalicabile alla discussione, quello costituito da evidenze che non è possibile sconfessare né respingere. Anche se le procedure della persuasione politica non si prestano ad alcuna forma di validazione cognitiva, ciò non impedisce ad Arendt di riconoscere la necessità di un orientamento “veritativo” anche rispetto a quanto accade nella vita politica. Parole chiave: Opinione, post-verità, democrazia, mondo comune, populismo. (shrink)

Aristotle and Eudemus report a Speusippean argument to the effect that defining anything requires knowing everything. Scholars have failed to make sense of this argument. This paper argues that the main preoccupations to which the Puzzle is meant to respond are: (i) to ensure the co-extensiveness of the definition with the definiendum; (ii) to rule out a particular definitional mistake—underdivision. The implications of the Puzzle for Speusippus’ conception of knowledge are further explored.

This note makes a new argument for van Lennep's conjecture di at Ovid, Heroides 7.21 against the manuscript reading te.

Bionic systems, connecting biological tissues with computer or robotic devices through brain–machine interfaces, can be used in various ways to discover biological mechanisms. In this article I outline and discuss a “stimulation-connection” bionics-supported methodology for the study of the brain, and compare it with other epistemic uses of bionic systems described in the literature. This methododology differs from the “synthetic”, simulative method often followed in theoretically driven Artificial Intelligence and cognitive science, even though it involves machine models of biological systems. (...) I also bring the previous analysis to bear on some claims on the epistemic value of bionic technologies made in the recent philosophical literature. I believe that the methodological reflections proposed here may contribute to the piecewise understanding of the many ways bionic technologies can be deployed not only to restore lost sensory-motor functions, but also to discover brain mechanisms. (shrink)

This article examines Wittgenstein’s criticism of Moore’s use of “know”, as he developed it in On Certainty. Arguing against much of the literature, the author claims that, by Wittgenstein’s own lights, Moore was not talking nonsense. He does so by showing, first, that the standard reading is based on the idea that hinge propositions are non-epistemic, and second, that Wittgenstein’s alleged adoption of the non-epistemic view is not adequately supported by the textual evidence. The author argues that claims to the (...) contrary depend on an undue conflation, on the part of interpreters, of Wittgenstein’s treatment of psychological avowals in Philosophical Investigations and his discussion of hinge propositions in On Certainty. Moreover, a closer look at Wittgenstein’s objections to Moore shows that Wittgenstein himself repeatedly charged Moore with a similar confusion between the status of psychological statements and the status of his common-sense truisms. (shrink)

Questo contributo tratta della perifrasi ‘εἶναι + participio’ in greco omerico all’interfaccia fra morfosintassi e semantica. I dati sono analizzati con riferimento al quadro teorico elaborato da Nardi e Romagno (2022), che considerano la perifrasi con εἶναι in greco antico come una categoria prototipica: secondo questa prospettiva, la categoria sovraordinata ‘εἶναι + participio’ include due manifestazioni formalmente diverse ma funzionalmente equivalenti, un costrutto con una copula espressa, cioè una perifrasi vera e propria, e un costrutto senza copula espressa, cioè un (...) participio predicativo (fondamentalmente, un participio che funziona come una forma finita). Questa indagine mira a valutare se si possano individuare fattori che determinano o soggiacciono all’uso di queste costruzioni participiali in greco omerico. L’analisi dei dati raccolti nei poemi omerici mostra che le costruzioni participiali codificano la funzione specifica di significare lo stato, inerente o acquisito, del soggetto del predicato, costituendo pertanto un’alternativa (più o meno libera) al perfetto originario (cfr. Romagno 2005). (shrink)

In this contribution I aim at developing some critical considerations about the possibility of establishing a dialogue between Husserlian phenomenology and embodied cognitive science to which both partners can participate with equal dignity, apart from any concession to radical forms of naturalism. Phenomenology and cognitive science are different theoretical enterprises, each of which relies autonomously on its own methods and categorial apparatus. This does not prevent of course that both disciplines can influence each other by exerting some kind of constraints. (...) Phenomenology alone cannot provide a full explanation of our conscious experiences as regards their sub-personal mechanisms and needs therefore to be integrated in a unitary framework which allows for its communication with the empirical sciences of mind, without any need to distort phenomenology’s transcendental features. On the other side, cognitive science should seriously take into account phenomenological and eidetic descriptions of first-person experience and avoid superimposing on it its own ontological and methodological assumptions. In the first part of the paper, I try first of all to highlight how Husserl’s phenomenology amounts to a theory of experience which keeps itself equidistant from both extremes of scientism and idealism and then to illustrate the necessity of downplaying Husserl’s transcendental philosophy through a critical assessment on its attitude toward natural sciences and by highlighting at the same time its right to conduct its inquiries autonomously. In the second part I explore the mediating role of psychological phenomenology in allowing a mutual exchange between phenomenology and embodied cognitive sciences, as far as it falls on the side of naturalistic attitude. In the third part I proceed to a critical evaluation of the encounter between embodied phenomenology and embodied cognitive sciences by underlining some ontological and methodological shortcomings in which some of their representatives incur. In the fourth part, I argue for a mild naturalization of phenomenology by confronting it with some forms of non-reductionist naturalism (e.g. liberal and enactive naturalism) for the purpose of safeguarding its fundamental tenets. In the fifth and final part I discuss the topic of lived body and embodiment as the turning point which allows for the mutual transition from the transcendental to the empirical level. To this aim, I try to focus on the intrinsic belongingness of lived body to the essential features of transcendental subject to the extent that it plays a major role in disclosing an oriented worldly space through its kinaesthetic powers. (shrink)

The increasing knowledge intensity of jobs, typical of a knowledge economy, highlights the role of firms as integrators of know-how and skills. As economic activity becomes mainly intellectual and requires the integration of specific and idiosyncratic skills, firms need to allocate skills to tasks and traditional hierarchical control results increasingly ineffective. In this work, we explore under what circumstances networks of agents, which bear specific skills, may self-organize in order to complete tasks. We use a computer simulation approach and investigate (...) how local interaction of agents, endowed with skills and individual decision-making rules, may produce aggregate network structure able to perform tasks. To design algorithms that mimic individual decision-making, we borrow from computer science literature and, in particular, from studies addressing protocols that produce cooperation in Peer-to-Peer networks. We found that self-organization depends on the structural features of, formal or informal, organizational networks embedding both professionals, holding skills, and project managers, holding access to jobs. (shrink)

Sometimes we speak of behaviours and actions as reactions, just as we speak of physical conditions and mental states as reactions. But what do we mean when we say that emotions are reactions? I answer this question by developing an account of emotions as psychological reactions to presentations or representations of states of affairs. I show that this account may provide a novel conceptual framework for explaining aspects of the intentionality, phenomenology and behavioural manifestation of emotions. I conclude by showing (...) that this account is compatible with the view that emotions can be assessed on grounds of justification and correctness. (shrink)

Bionic technologies connecting biological nervous systems to computer or robotic devices for therapeutic purposes have been recently claimed to provide novel experimental tools for the investigation of biological mechanisms. This claim is examined here by means of a methodological analysis of bionics-supported experimental inquiries on adaptive sensory-motor behaviours. Two broad classes of bionic systems (regarded here as hybrid simulations of the target biological system) are identified, which differ from each other according to whether a component of the biological target system (...) is replaced by an artificial component, or else a component of an artificial system is replaced by a biological component. The role of these hybrid systems in the modelling of adaptive sensory-motor biological behaviours is discussed with reference to bionics-supported experiments on the mechanisms of body stabilization in lampreys. Methodological problems emerging from these case studies often arise in computer-based and biorobotic simulations of biological behaviours too. Accordingly, the present analysis contributes to identifying a more general regulative methodological framework for the machine-based modelling of biological systems. (shrink)

In recent years, a number of research projects have been proposed whose goal is to build large-scale simulations of brain mechanisms at unprecedented levels of biological accuracy. Here it is argued that the roles these simulations are expected to play in neuroscientific research go beyond the “synthetic method” extensively adopted in Artificial Intelligence and biorobotics. In addition we show that, over and above the common goal of simulating brain mechanisms, these projects pursue various modelling ambitions that can be sharply distinguished (...) from one another, and that correspond to conceptually different interpretations of the notion of “biological accuracy”. They include the ambition to reach extremely deep levels in the mechanistic decomposition hierarchy, to simulate networks composed of extremely large numbers of neural units, to build systems able to generate rich behavioural repertoires, to simulate “complex” neuron models, to implement the “best” theories available on brain structure and function. Some questions will be raised concerning the significance of each of these modelling ambitions with respect to the various roles played by simulations in the study of the brain. (shrink)

BackgroundThe aim of this study was to explore the construct validity and diagnostic properties of the Reading the Mind in the Eyes Test in non-demented patients with amyotrophic lateral sclerosis.MaterialsA total of 61 consecutive patients and 50 healthy controls were administered the 36-item RMET. Additionally, patients underwent a comprehensive assessment of social cognition via the Story-Based Empathy Task, which encompasses three subtests targeting Causal Inference, Emotion Attribution, and Intention Attribution, as well as global cognitive [the Edinburgh Cognitive and Behavioral ALS (...) Screen ] and behavioral screening [the Frontal Behavioral Inventory ; the Dimensional Apathy Scale ; the Beck Depression Inventory ; and the State and Trait Anxiety Inventory-Y]. The construct validity of the RMET was tested by regressing it within a stepwise model that encompassed as predictors the abovementioned cognitive and behavioral measures, covarying for demographic and motor confounders. Receiver-operating characteristics analyses allowed exploring intrinsic and post-test properties of the RMET both in discriminating patients from HCs and in identifying patients with a defective SET-EA performance.ResultsThe RMET was solely predicted by the SET-EA and SET-IA. RMET scores showed high accuracy both in discriminating patients from HCs and in identifying patients with a defective SET-EA score, with adequate-to-optimal both intrinsic and post-test properties.DiscussionThe RMET is a convergently and divergently valid measure of affective social cognition in non-demented ALS patients, also featuring optimal intrinsic and post-test diagnostic properties in both case-control and case-finding scenarios. (shrink)

Revision sequences were introduced in 1982 by Herzberger and Gupta as a mathematical tool in formalising their respective theories of truth. Since then, revision has developed in a method of analysis of theoretical concepts with several applications in other areas of logic and philosophy. Revision sequences are usually formalised as ordinal-length sequences of objects of some sort. A common idea of revision process is shared by all revision theories but specific proposals can differ in the so-called limit rule, namely the (...) way they handle the limit stages of the process. The limit rules proposed by Herzberger and by Belnap show different mathematical properties, called periodicity and reflexivity, respectively. In this paper we isolate a notion of cofinally dependent limit rule, encompassing both Herzberger’s and Belnap’s ones, to study periodicity and reflexivity in a common framework and to contrast them both from a philosophical and from a mathematical point of view. We establish the equivalence of weak versions of these properties with the revision-theoretic notion of recurring hypothesis and draw from this fact some observations about the problem of choosing the “right” limit rule when performing a revision-theoretic analysis. (shrink)

Ninety-one right brain-damaged patients with left neglect and 43 right brain-damaged patients without neglect were asked to extend horizontal segments, either left- or rightward, starting from their right or left endpoints, respectively. Earlier experiments based on similar tasks had shown, in left neglect patients, a tendency to overextend segments toward the left side. This seemingly paradoxical phenomenon was held to undermine current explanations of unilateral neglect. The results of the present extensive research demonstrate that contralesional overextension is also evident in (...) most right brain-damaged patients without contralesional neglect. Furthermore, they show that in a minority of left neglect patients, the opposite behavior, i.e., right overextension can be found. The paper also reports the results of correlational analyses comprising the parameters of line-extension, line-bisection, and cancellation tasks, as well as the parameters relative to the Milner Landmark Task, by which a distinction is drawn between perceptual and response biases in unilateral neglect. A working hypothesis is then advanced about the brain dysfunction underlying neglect and an attempt is made at finding an explanation of neglect and the links between the mechanisms of space representation and consciousness through the study of the changes induced by unilateral brain lesions in the characteristics of space-coding neurons. Abbreviations: C, control group;GN+91,full group of neglect patients;GN+27,group of neglect patients with relative left overextension;GN+14,group of neglect patients with relative right overextension;GN-43,full group of non-neglect patients;GN-9,group of non-neglect patients with relative left overextension; H canc, H cancellation task; LE, left extension; LE/RE, ratio of left-right extension; N+, neglect patients; N-, non-neglect patients; PB Land-M, perceptual bias on Landmark motor task; PB Land-V, perceptual bias on Landmark verbal task; RB Land-M, response bias on Landmark motor task; RB Land-V, response bias on Landmark verbal task; RE, right extension. (shrink)

In so-called ethorobotics and robot-supported social cognitive neurosciences, robots are used as scientific tools to study animal behavior and cognition. Building on previous epistemological analyses of biorobotics, in this article it is argued that these two research fields, widely differing from one another in the kinds of robots involved and in the research questions addressed, share a common methodology, which significantly differs from the “synthetic method” that, until recently, dominated biorobotics. The methodological novelty of this strategy, the research opportunities that (...) it opens, and the theoretical and technological challenges that it gives rise to, will be discussed with reference to the peculiarities of the two research fields. Some broad methodological issues related to the generalization of results concerning robot-animal interaction to theoretical conclusions on animal-animal interaction will be identified and discussed. (shrink)

Proceeding from the insights of Petrażycki, Polish-Russian legal realists distinguished legal theory, legal dogmatics, and legal policy. Legal theory describes legal phenomena in a value-free way and formulates causal laws concerning those phenomena. Legal dogmatics and legal policy are, by contrast, value-laden sciences involving the subject's—i.e., the scientist's—own attitudes toward existing or imagined phenomena: Dogmatics evaluates behaviors based on the subject's adoption of given normative sources as binding, while legal policy evaluates the effects produced by given NSs based on causal (...) laws and on the subject's goals. PRRs then conceptualize custom as a representation of people behaving in a certain way : We have a custom on the threefold condition that Rc is believed true by a given X, Rc causes the existence of a given normative psychical experience in X, and X expressly refers to—or would refer—to Rc in justifying an NPE. PRRs use the term customary law to refer to legal experiences caused and justified by an Rc. From a theoretical perspective, both the subject's adoption of custom as a binding NS and its truth are irrelevant. It is only the presence of a customary NPE in the X under study that matters. From a dogmatic perspective, by contrast, what matters is whether the dogmatician—qua subject—adopts custom as a binding NS, whether it is true that people behave in a given way bw, and whether bw resembles the behavior that is deontically qualified in the norm under dogmatic evaluation. Finally, from a legal-political viewpoint, PRRs hold that customary law in modern societies, owing to its conservative nature, should be eradicated for the goal of removing inequalities and fostering benevolence. (shrink)

Proceeding from the insights of Petrażycki, Polish-Russian legal realists distinguished legal theory, legal dogmatics, and legal policy. Legal theory describes legal phenomena in a value-free way and formulates causal laws concerning those phenomena. Legal dogmatics and legal policy are, by contrast, value-laden sciences involving the subject's—i.e., the scientist's—own attitudes toward existing or imagined phenomena: Dogmatics evaluates behaviors based on the subject's adoption of given normative sources as binding, while legal policy evaluates the effects produced by given NSs based on causal (...) laws and on the subject's goals. PRRs then conceptualize custom as a representation of people behaving in a certain way : We have a custom on the threefold condition that Rc is believed true by a given X, Rc causes the existence of a given normative psychical experience in X, and X expressly refers to—or would refer—to Rc in justifying an NPE. PRRs use the term customary law to refer to legal experiences caused and justified by an Rc. From a theoretical perspective, both the subject's adoption of custom as a binding NS and its truth are irrelevant. It is only the presence of a customary NPE in the X under study that matters. From a dogmatic perspective, by contrast, what matters is whether the dogmatician—qua subject—adopts custom as a binding NS, whether it is true that people behave in a given way bw, and whether bw resembles the behavior that is deontically qualified in the norm under dogmatic evaluation. Finally, from a legal-political viewpoint, PRRs hold that customary law in modern societies, owing to its conservative nature, should be eradicated for the goal of removing inequalities and fostering benevolence. (shrink)