This article defends laws in the social sciences. Arguments against social laws are considered and rejected based on the "open" nature of social theory, the multiple realizability of social predicates, the macro and/or teleological nature of social laws, and the inadequacies of belief-desire psychology. The more serious problem that social laws are usually qualified ceteris paribus is then considered. How the natural sciences handle ceteris paribus laws is discussed and it is argued that such (...) procedures are possible in the social sciences. The article ends by arguing that at least some social research is roughly as well as confirmed as good work in evolutionary biology and ecology. (shrink)

The social sciences are often thought to be inferior to the natural sciences because they do not have laws. Bohman writes that “the social sciences have never achieved much in the way of predictive general laws—the hallmark of naturalistic knowledge—and so have often been denied the honorific status of ‘sciences’” (1994, pg. vii). Philosophers have suggested a number of reasons for the dearth of laws in the social sciences, including the frequent use of ceteris paribus conditions in (...) the social sciences, reflexivity, and the use of ‘odd’ concepts. This thesis argues that the scarcity of laws in the social sciences is primarily due to the concepts that social scientists often work with. These concepts are described as Nomadic and are characterised by disagreement about what can reasonably be included within the scope of a concept. The second half of the thesis explores the implications of this analysis. It argues firstly, that counterfactual analysis is problematic when using Nomadic concepts. Secondly, it argues that taking an intentional perspective on behaviour often involves the use of Nomadic concepts so, if social scientists do hope to formulate laws, then they are more likely to succeed if they focus on behaviour that is not intentional. (shrink)

The human sciences, says Foucault, are those inquiries about 'man' as the two-faced one. The 'object and knower of knowledge, ' refers to 'man' whose heads look in and out rather than left and right at past and future. Although Foucault is primarily concerned with relations of abstract power rather than human interpersonal relations, the idea of the human sciences - the 'immature sciences' - do provide an intellectual position recast as a target to hit against. A legal system which (...) interprets and represents the value of freedom can do so only if it grows out of the free reciprocity of communicative exchange between free people. Here law functions as a link and as a pivot between possible and ideal, between physical and metaphysical. This volume of the papers presented at the Fifth Round Table on Law and Semiotics is, as is all of Legal semiotics, an investigatory tool: a discovery of legal meaning, and a means of discovery, i.e., a way of producing such evidence that may be further evaluated in judgments of Law's acts and transactions with other sign-systems in the whole sphere of social organization. (shrink)

In this paper a conception of rationality is developed which bears on three important issues in the social sciences -- the status of the principle of rationality, the criteria for rational actions, and the nature of rational explanations. It is argued that the principle of rationality should be interpreted as a methodological principle and is valuable only inasmuch as it leads to true hypotheses about human action. Definitions of rational beliefs, rational means, and rational ends are provided. These definitions (...) provide criteria for rational actions which better accord with our intuitive judgments about what should count as rational action than the criteria given in traditional accounts. Finally, the nature of rational explanations is specified and arguments for their usefulness and respectability presented although these explanations do not necessarily fit the standard covering law model. (shrink)

Post-modernism offers a revolutionary approach to the study of society: in questioning the validity of modern science and the notion of objective knowledge, this movement discards history, rejects humanism, and resists any truth claims. In this comprehensive assessment of post-modernism, Pauline Rosenau traces its origins in the humanities and describes how its key concepts are today being applied to, and are restructuring, the social sciences. Serving as neither an opponent nor an apologist for the movement, she cuts through post-modernism's (...) often incomprehensible jargon in order to offer all readers a lucid exposition of its propositions. Rosenau shows how the post-modern challenge to reason and rational organization radiates across academic fields. For example, in psychology it questions the conscious, logical, coherent subject; in public administration it encourages a retreat from central planning and from reliance on specialists; in political science it calls into question the authority of hierarchical, bureaucratic decision-making structures that function in carefully defined spheres; in anthropology it inspires the protection of local, primitive cultures from First World attempts to reorganize them. In all of the social sciences, she argues, post-modernism repudiates representative democracy and plays havoc with the very meaning of "left-wing" and "right-wing." Rosenau also highlights how post-modernism has inspired a new generation of social movements, ranging from New Age sensitivities to Third World fundamentalism. In weighing its strengths and weaknesses, the author examines two major tendencies within post-modernism, the largely European, skeptical form and the predominantly Anglo-North-American form, which suggests alternative political, social, and cultural projects. She draws examples from anthropology, economics, geography, history, international relations, law, planning, political science, psychology, sociology, urban studies, and women's studies, and provides a glossary of post-modern terms to assist the uninitiated reader with special meanings not found in standard dictionaries. (shrink)

It is the thesis of this paper that the term scientific law can and should mean in the social sciences exactly what it means in any of the other sciences. There seems to be considerable agreement among scientists as well as others that a scientific law is a generalized and verifiable statement, within measurable degrees of accuracy, of how certain events occur under stated conditions. If I were to attempt a more specific statement I would say that a law (...) is a group of verbal or mathematical symbols designating an unlimited number of defined events in terms of a limited number of reactions so that the performance of specified operations always yields predictable results within measurable limits. (shrink)

Pursuing an analogy with the natural sciences, Lee McIntyre, in this first full-length defense of social scientific laws to appear in the last twenty years, upholds the prospect of the nomological explanation of human behavior against those who maintain that this approach is impossible, impractical, or irrelevant.

Natural Law, Science, and the Social Construction of Reality looks at changes in knowledge and the relationship to values from the modern era to today. Author Bernie Koenig examines Newton's influence on Locke and Kant, how Kant influenced Darwin and Freud, and the implications of their work for both anthropology and moral theory.

Illustrating the knowledge and ideas of thinkers such as Mandeville, Hume, Montesquieu and Smith, this book fully investigates the entire panorama of social sciences as well as providing a clear and concise analysis of the history of the social sciences from the point at which evolutionary theory entered the field. Examining the history of culture and humanity, Lorenzo Infantino discusses the 'discovery of society, ' when people stopped seeing behind every social phenomenon the direct action of human (...) and/or divine will, and how the subsequent void was filled by the unintended creation of language, habits, customs, laws and public power. Focussing on the idea that the object of social sciences should be the study of unintended consequences, Infantino also expertly reviews the approach of 'methodological individualism'. Forward-thinking, the book highlights the need for a rule of law in cultural evolution to prevent harm to others and allow a greater freedom of choice when deciding future actions. Providing an in-depth explanation of why the social sciences are needed and highlighting the task of a social scientist, this book will be invaluable for researchers in the fields of politics, economics and sociology. (shrink)

In this paper, the author intends to present an approach against lengthy contracts, judgements, and pleadings. He describes the advantages of brevity, conciseness, and plain English, focusing on research in Israel and abroad. An extreme example of how a whole page may be condensed into one sentence is provided by the author, as well as the opinion of a Supreme Court Chief Justice regarding methods to be used in writing good judgments, and a lawyer’s proposal to summarize pleadings. In the (...) second part of this paper, the author briefly illustrates the differences between three disciplines: Law, Business Administration, and Social Sciences. He proposes that the Law should examine and adopt several elements from other disciplines that can have a positive impact on legal language. (shrink)

This article argues that it is far from trivial to convert social science concepts into accurate categories on which algorithms work best. The literature raises this concern in a general way; for example, Deeks notes that legal concepts, such as proportionality, cannot be easily converted into code noting that ‘The meaning and application of these concepts is hotly debated, even among lawyers who share common vocabularies and experiences’ (Deeks in Va Law Rev 104, pp. 1529–1593, 2018). The example discussed (...) here is recidivism prediction, where the factors that are of interest are difficult to capture adequately through questionnaires because survey responses do not necessarily indicate whether the behaviour that is of interest is present. There is room for improvement in how questions are phrased, in the selection of variables, and by encouraging practitioners to consider whether a particular variable is the sort of thing that can be measured by questionnaires at all. (shrink)

This article argues that it is far from trivial to convert social science concepts into accurate categories on which algorithms work best. The literature raises this concern in a general way; for example, Deeks notes that legal concepts, such as proportionality, cannot be easily converted into code noting that ‘The meaning and application of these concepts is hotly debated, even among lawyers who share common vocabularies and experiences’ (Deeks in Va Law Rev 104, pp. 1529–1593, 2018). The example discussed (...) here is recidivism prediction, where the factors that are of interest are difficult to capture adequately through questionnaires because survey responses do not necessarily indicate whether the behaviour that is of interest is present. There is room for improvement in how questions are phrased, in the selection of variables, and by encouraging practitioners to consider whether a particular variable is the sort of thing that can be measured by questionnaires at all. (shrink)

Auguste Comte, writing of one of his forerunners, Montesquieu, said that the great merit of the latter's memorable work L'Esprit des Lois appeared to him to be in its tendency to regard political phenomena as subject to invariable laws like all other phenomena. Comte himself writes with regard to sociology: “the philosophical principle of the science being that social phenomena are subject to natural laws, admitting of rational prevision, we have to ascertain what is the precise subject, and what (...) the peculiar character of those laws.” “Such prevision,” says Comte in another place, “is a necessary consequence of the discovery of constant relations between phenomena, and it is the unfailing test which distinguishes real science from that erudition which mechanically accumulates facts without aspiring to deduce them one from another.” Elsewhere he speaks of “rational prevision, the principal characteristic of true science.” And Branford and Geddes quote his saying: “Savoir pour prévoir, prévoir pour pourvoir.”. (shrink)

This is the third volume of the new series Social, Political, & Legal Philosophy and it deals with the relationship between Law and The Philosophy of Action. In this volume a number of legal issues are illuminated by resource to the analysis of mental concepts. Issues in Criminal Law, Contract Law, Acceptance of Legal Systems, and the nature of Legal Norms are some of the main issues dealt in the papers that constitute the volume. Conceptual analysis is used and (...) new overtures are made into current findings in the Cognitive Sciences. All of this results in illuminating accounts that throw new light on traditional fundamental legal issues. This volume is a precursor in the powerful theorizing of the Cognitive Sciences that is being brought to bear in the Philosophy of Mind and in the theory of Law, and this theorizing will increase in the coming years. (shrink)

This volume contains the English translation of Felix Kaufmann's (1895-1945) main work Methodenlehre der Sozialwissenschaften (1936). In this book, Kaufmann develops a general theory of knowledge of the social sciences in his role as a cross-border commuter between Husserl's phenomenology, Kelsen's pure theory of law and the logical positivism of the Vienna Circle. This multilayered inquiry connects the value-oriented reflections of a general philosophy of science with the specificity of the methods and theories of the social sciences, as (...) opposed to abstract natural science and psychology. The core focus of the study is the attempt to elucidate how and under what conditions scientific knowledge about social facts, empirically justified and theoretically embedded, can be obtained. The empirical basis of knowledge within the social sciences forms a phenomenological concept of experience. According to Kaufmann, this concept of experience exhibits a complex structure. Within the meaning-interpretation of human action as the core of knowledge in the social sciences, this structure reaches out across the isolated act of verification toward the synthesis of external and internal experiences. The book opens with a detailed and useful introduction by Ingeborg K. Helling, which introduces the historical and theoretical background of Kaufmann's study and specifically illuminates his relation to Alfred Schütz and John Dewey. Finally, it contains interviews with and letters to members of his family, colleagues and students. (shrink)

The aim of the article is to intervene in debates about the digital and, in particular, framings that imagine the digital in terms of epochal shifts or as redefining life. Instead, drawing on recent developments in digital methods, we explore the lively, productive and performative qualities of the digital by attending to the specificities of digital devices and how they interact, and sometimes compete, with older devices and their capacity to mobilize and materialize social and other relations. In doing (...) so, our aim is to explore the implications of digital devices and data for reassembling social science methods or what we call the social science apparatuses that assemble digital devices and data to ‘know’ the social and other relations. Building on recent work at CRESC on the social life of methods, we recommend a genealogical approach that is alive to the ways in which digital devices are simultaneously shaped by social worlds, and can in turn become agents that shape those worlds. This calls for attending to the specificities of digital devices themselves, how they are varied and composed of diverse socio-technical arrangements, and are enrolled in the creation of new knowledge spaces, institutions and actors. Rather than exploring what large-scale changes can be revealed and understood through the digital, we argue for explorations of how digital devices themselves are materially implicated in the production and performance of contemporary sociality. To that end we offer the following nine propositions about the implications of digital data and devices and argue that these demand rethinking the theoretical assumptions of social science methods: transactional actors; heterogeneity; visualization; continuous time; whole populations; granularity; expertise; mobile and mobilizing; and non-coherence. (shrink)

The issue of whether there are laws in biology and the “special science”1 has been of interest owing to the debate about whether scientific explanation requires laws. A well-warn argument goes thus: no laws in social science, no explanations, or at least no scientific explanations, at most explanation-sketches. The conclusion is not just a matter of labeling. If explanations are not scientific they are not epistemically or practically reliable. There are at least three well-known diagnoses of where this argument (...) goes wrong. First, the argument that there are no laws in social science adopts an account of laws that is too stringent, one that not even the physical sciences satisfy (Cartwright 1983, Mitchell 2000). On a less stringent definition, there are plenty of laws in social science (and biology). These laws are, sensu Fodor, “non-strict,” as opposed to the “strict laws” (if any—vide Cartwright 1983) of physics. Second, scientific explanation does not require laws, and when laws do explain, they do so because they satisfy some other requirement on scientific explanation, for example unification, or the identification of causal difference-makers (Friedman 1974, Kitcher 1989, Salmon 1984, Strevens 2009). A third view, increasingly attractive among philosophers of social science and biology is due to James Woodward (2000, 2003). This view, like the second one eschews laws and identifies causes as difference makers. On this view explanations do require regularities, but these regularities need only satisfy a requirement of “invariance” under certain specified circumstances, in order to be explanatory, and.. (shrink)

Are explanations in the social sciences fundamentally different from explanations in the natural sciences? Many philosophers think that they are, and I call such philosophers ‘difference theorists’. Many difference theorists locate that difference in the alleged fact that only in the natural sciences does explanation essentially include laws.

Are explanations in the social sciences fundamentally different from explanations in the natural sciences? Many philosophers think that they are, and I call such philosophers ‘difference theorists’. Many difference theorists locate that difference in the alleged fact that only in the natural sciences does explanation essentially include laws.

Together with Plato's Republic, Jean-Jacques Rousseau's Social Contact is regarded as one of the most original examples of Utopian political engineering in the history of ideas. Similar to the Republic, Rousseau's Social Contract is better known today for its author's idiosyncratic view of political justice than its lessons on law-making or governance in any concrete sense. Challenging this common view, Rousseau, Law and the Sovereignty of the People examines the Genevan's contribution as a constitutionalist and builder of institutions, (...) relating his major ideas to issues and debates in twenty-first century political science. Ethan Putterman explores how Rousseau's just state would actually operate, investigating how laws would be drafted, ratified and executed, arguing that the theory of the Social Contract is more pragmatic and populist than many scholars assume today"--Provided by publisher. (shrink)

In his inaugural lecture, Peter Mascini takes issue with the goal of scientific purity in the behavioral study of law conceived as the deliberate choice to postulate a limited number of universally applicable behavioral principles. The guiding principle of behavioral sociology is that law behaves in correspondence to social space, while the guiding principle of law and economics is that individuals behave rationally. Behavioral economics has challenged the principle of the rational actor and, consequently, has also challenged the desire (...) for scientific purity in law and economics. Peter Mascini defends a two-fold thesis: first, that the purification of sociology proposed by behavioral sociology is a blind alley that can only be exited by allowing impurity. Second, that the behavioral economics movement has offered law and economics an opportunity to reinvigorate by embracing impurity. The combination of the two parts of his thesis lead him to the claim that we need less purity in the behavioral study of law rather than more. He ends his lecture by stating that the introduction of impurity that has been started by behavioral economics needs to be extended in several respects. He proposes to replace the behavioral study of law by an approach that not only takes empirical research seriously, but also adopts a modest attitude by surrendering the ambition to come up with universally applicable predictions and by taking seriously meaningful behavior. (Series: Erasmus Law Lectures, Vol. 41) [Subject: Behavioral Sociology, Law and Economics, Behavioral Economics, Private Law]. (shrink)

Hempelian orthodoxy on the nature of explanation in general, and on explanation in the social sciences in particular, holds that full explanations are arguments full explanations must include at least one law reason explanations are causalDavid Ruben disputes and but he does not dispute. Nor does he dispute that ‘explanations in both natural and social science need laws in other ways, even when not as part of the explanation itself. The distance between his view and the covering law (...) theory, he points out, ‘is not as great as it may first appear to be’. (shrink)

The dispute between the empiricist and interpretivist conceptions of the social sciences is properly conceived not as a matter of reduction or covering laws. Features specific to the social sciences include the following. Explanations of human behavior make reference to intentional causation; social phenomena are permeated with mental components and are self-referential; social science explanations have not been as successful as those in natural science because of their concern with intentional causation, because their explanations must be (...) identical with the propositional content of the mind of the actor, and because a social phenomenon exists only if people believe it exists. Elements of an apparatus necessary to analyze this problematic social ontology are given and include selfreferentiality, constitutive rules, collective intentionality, linguistic permeation of the facts, systematic interrelationships among social facts, and primacy of acts over objects. (shrink)

_Giorgio Agamben: Power, Law and the Uses of Criticism_ is a thorough engagement with the thought of the influential Italian philosopher Giorgio Agamben. It explores Agamben’s work on language, ontology, power, law and criticism from the 1970s to his most recent publications. Introducing Agamben's work to a readership in legal theory, as well as in the humanities and social sciences more generally, Thanos Zartaloudis argues that an adequate understanding of Agamben's Homo Sacer project requires an attention to his earlier (...) philosophical writings on language, ontology, power and time. It is through this attentive and creative analysis of Agamben's work that Zartaloudis here presents a rethinking of the ideas of justice and criticism. (shrink)

_Giorgio Agamben: Power, Law and the Uses of Criticism_ is a thorough engagement with the thought of the influential Italian philosopher Giorgio Agamben. It explores Agamben’s work on language, ontology, power, law and criticism from the 1970s to his most recent publications. Introducing Agamben's work to a readership in legal theory, as well as in the humanities and social sciences more generally, Thanos Zartaloudis argues that an adequate understanding of Agamben's Homo Sacer project requires an attention to his earlier (...) philosophical writings on language, ontology, power and time. It is through this attentive and creative analysis of Agamben's work that Zartaloudis here presents a rethinking of the ideas of justice and criticism. (shrink)

The four sections of this article are reactions to a few interconnected problems that Mario Bunge addresses in his The Sociology-Philosophy Connection , which can be seen as a continuation and summary of his two recent major volumes Finding Philosophy in Social Science and Social Science under Debate: A Philosophical Perspective . Bunge’s contribution to the philosophy of the social sciences has been sufficiently acclaimed. (See in particular two special issues of this journal dedicated to his (...) class='Hi'>social philosophy: "Systems and Mechanisms. A Symposium on Mario Bunge’s Philosophy of Social Science," Philosophy of the Social Sciences 34, nos. 2 and 3.) The author discusses therefore only those solutions in Bunge’s book that seem most problematic, namely, Bunge’s proposal to expel charlatans from universities; his treatment of social laws; his notions of mechanisms, "mechanismic explanation," and systemism; and his reading of Popper’s social philosophy. Key Words: theory • laws • mechanism • explanation • Popper. (shrink)

The four sections of this article are reactions to a few interconnected problems that Mario Bunge addresses in his The Sociology-Philosophy Connection, which can be seen as a continuation and summary of his two recent major volumes Finding Philosophy in Social Science and Social Science under Debate: A Philosophical Perspective. Bunge’s contribution to the philosophy of the social sciences has been sufficiently acclaimed. The author discusses therefore only those solutions in Bunge’s book that seem most problematic, namely, (...) Bunge’s proposal to expel charlatans from universities; his treatment of social laws; his notions of mechanisms, “mechanismic explanation,” and systemism; and his reading of Popper’s social philosophy. (shrink)

The fact that causal laws in the social sciences are most realistically expressed as both multivariate and stochastic has a number of very important implications for indirect measurement and generalizability. It becomes difficult to link theoretical definitions of general constructs in a one-to-one relationship to research operations, with the result that there is conceptual slippage in both experimental and nonexperimental research. It is argued that problems of this nature can be approached by developing specific multivariate causal models that incorporate (...) sources of measurement bias, along with the theoretical variables of interest. Many general concepts are defined in such a way that causal assumptions are built into the definitions themselves. Additionally, in any given piece of research it is necessary to omit many variables from consideration, and this is often done without careful consideration of the assumptions required to justify such omissions. Finally, generalization to more inclusive populations or a diversity of settings ordinarily requires one to replace "constants" by variables. It is concluded that the criteria of parsimony, generalizability, and precision are incompatible, given the multivariate nature of social causation, and the author expresses his own preference for sacrificing parsimony in favor of the objectives of achieving increased precision and generalizability of social science laws. (shrink)

This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history (...) of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the 'common law' of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition. (shrink)

This is the third volume of the new series _Social, Political, & Legal Philosophy_ and it deals with the relationship between Law and The Philosophy of Action. In this volume a number of legal issues are illuminated by resource to the analysis of mental concepts. Issues in Criminal Law, Contract Law, Acceptance of Legal Systems, and the nature of Legal Norms are some of the main issues dealt in the papers that constitute the volume. Conceptual analysis is used and new (...) overtures are made into current findings in the Cognitive Sciences. All of this results in illuminating accounts that throw new light on traditional fundamental legal issues. This volume is a precursor in the powerful theorizing of the Cognitive Sciences that is being brought to bear in the Philosophy of Mind and in the theory of Law, and this theorizing will increase in the coming years. (shrink)

During the past decade, social mechanisms and mechanism-based ex- planations have received considerable attention in the social sciences as well as in the philosophy of science. This article critically reviews the most important philosophical and social science contributions to the mechanism approach. The first part discusses the idea of mechanism- based explanation from the point of view of philosophy of science and relates it to causation and to the covering-law account of explanation. The second part focuses on (...) how the idea of mechanisms has been used in the social sciences. The final part discusses recent developments in analytical sociology, covering the nature of sociological explananda, the role of theory of action in mechanism-based explanations, Merton’s idea of middle-range theory, and the role of agent-based simulations in the development of mechanism-based explanations. (shrink)

_Giorgio Agamben: Power, Law and the Uses of Criticism_ is a thorough engagement with the thought of the influential Italian philosopher Giorgio Agamben. It explores Agamben’s work on language, ontology, power, law and criticism from the 1970s to his most recent publications. Introducing Agamben's work to a readership in legal theory, as well as in the humanities and social sciences more generally, Thanos Zartaloudis argues that an adequate understanding of Agamben's Homo Sacer project requires an attention to his earlier (...) philosophical writings on language, ontology, power and time. It is through this attentive and creative analysis of Agamben's work that Zartaloudis here presents a rethinking of the ideas of justice and criticism. (shrink)

According to manipulationist accounts of causal explanation, to explain an event is to show how it could be changed by intervening on its cause. The relevant change must be a ‘serious possibility’ claims Woodward 2003, distinct from mere logical or physical possibility—approximating something I call ‘scientific possibility’. This idea creates significant difficulties: background knowledge is necessary for judgments of possibility. Yet the primary vehicles of explanation in manipulationism are ‘invariant’ generalisations, and these are not well adapted to encoding such knowledge, (...) especially in the social sciences, as some of it is non-causal. Ceteris paribus (CP) laws or generalisations labour under no such difficulty. A survey of research methods such as case and comparative studies, randomised control trials, ethnography, and structural equation modeling, suggests that it would be more difficult and in some instances impossible to try to represent the output of each method in invariant generalisations; and that this is because in each method causal and non-causal background knowledge mesh in a way that cannot easily be accounted for in manipulationist terms. Ceteris paribus-generalisations being superior in this regard, a theory of explanation based on the latter is a better fit for social science. (shrink)

Most scholars who write on social contract and classical natural law perceive an irreconcilable tension between them. Social contract theory is widely considered the political-theoretic concomitant of modern philosophy. Against the regnant view, The Social Contract in the Ruins, argues that all attempts to ground political authority and obligation in agreement alone are logically self-defeating. Political authority and obligation require an antecedent moral ground. But this moral ground cannot be constructed by human agreement or created by sheer (...) will-human or divine. All accounts of morality as constructed or made collapse into self-referential incoherence. Only an uncreated, real good can coherently ground political authority and obligation or the proposition that rightful government depends on the consent of the governed. Government by consent requires classical natural law for its very coherence. (shrink)

The fact that causal laws in the social sciences are most realistically expressed as both multivariate and stochastic has a number of very important implications for indirect measurement and generalizability. It becomes difficult to link theoretical definitions of general constructs in a one-to-one relationship to research operations, with the result that there is conceptual slippage in both experimental and nonexperimental research. It is argued that problems of this nature can be approached by developing specific multivariate causal models that incorporate (...) sources of measurement bias, along with the theoretical variables of interest. Many general concepts are defined in such a way that causal assumptions are built into the definitions themselves. Additionally, in any given piece of research it is necessary to omit many variables from consideration, and this is often done without careful consideration of the assumptions required to justify such omissions. Finally, generalization to more inclusive populations or a diversity of settings ordinarily requires one to replace constants by variables. It is concluded that the criteria of parsimony, generalizability, and precision are incompatible, given the multivariate nature of social causation, and the author expresses his own preference for sacrificing parsimony in favor of the objectives of achieving increased precision and generalizability of social science laws. (shrink)

Social science, history, and philosophy have often been neglect in thinking through their fundamentally intertwined relationship. The result is often an inattention to philosophy where social science and history is concerned, or a neglect of historicity and social analysis where philosophy is concerned. Meanwhile, the place of values in research is often uneasily passed over in silence. The inattention to, and loss of, the intersection between these different disciplines and their subject matters, leaves our investigations all the (...) more impoverished as a result. In resolving these problems, it is not enough to strive for cooperation or integration, but to rethink of the nature of the disciplines themselves; their interests, purposes, and presuppositions. In this volume, contributors explore different facets of these relationships, and move beyond the problematics erected by positivism often cast in terms of value-free or value-neutral science, that is, a science obsessed with empirical data, schematic classifications, and the pursuit of law-like forms. While positivism has been subject to critique, the influence and legacy of positivism remains. It remains in the way in which we often think about science; the line drawn between the sciences and the humanities; the norms researchers should follow; what a successful explanation looks like; and the ethical, normative, and political implications of scientific research. Aimed at students and researchers of philosophy, history and the social sciences, this book is driven by a desire to revindicate questions concerning ontology and social ontology, to rethink the nature of explanation, and to resituate normativity and values within scientific, social scientific, and historical pursuits. (shrink)

This book looks critically at some of the underlying assumptions which shape our current understanding of the role and purpose of law and society. It focuses on adjudication as a social practice and as a set of governmental techniques. From this vantage point, it explores how the relationship between law, government and society has changed in the course of history in significant ways. At the centre of the argument is the elaboration of the notion of `adjudicative government'. From this (...) perspective it is argued that the relationship between law and society must be conceived in a different way in the era of economics, sociology and statistics. The impact of these disciplines both constitutes `modernity' and unfolds a different role for law. The author argues that the traditional vision of the role of law, rooted in a complex set of hierarchical assumptions, is no longer adequate. (shrink)

This book details how quantification can serve both as evidence and as an instrument of government, whether when dealing with statistics on employment, occupational health and economic governance, or when developing public management or target-driven policies. In the process, it presents a thought-provoking homage to Alain Desrosières, who pioneered ways to study large numbers and the politics underlying them. It opens with a summary of Desrosières's contributions to the field in which several generations of researchers detail how this statistician and (...) historian profoundly influenced them. This tribute, based on personal testimonies, bears witness to the vitality of the school of thought and analytical framework Desrosières initiated. Next, a collection of essays explores the statistical argument in the neoliberal era, examining issues such as counting the homeless in Europe, measuring the performance of public services, and quantifying the effects of public action on the unemployed in France. The third part details the uses of quantification. It reveals that although statistics are frequently used to the advantage of those in power, they can also play a vital role in challenging and resisting both the conventions underlying the measurements as well as the measurements themselves.Featuring the work of economists, historians, political scientists, sociologists, and statisticians, this title provides readers with a thoughtful look at an influential figure in the history of statistics. It also shows how statistics are used to direct public policy, the degree of conflict that is possible in their production, and the disputes that can develop around their uses. (shrink)

What will be the future of social science? Where exactly do we stand, and where do we go from here? What kinds of problems should we be addressing, with what kinds of approaches and arguments? In Cognitive Dimensions of Social Science, Mark Turner offers an answer to these pressing questions: social science is headed toward convergence with cognitive science. Together they will give us a new and better approach to the study of what human beings are, what (...) human beings do, what kind of mind they have, and how that mind developed over the history of the species. Turner, one of the originators of the cognitive scientific theory of conceptual integration, here explores how the application of that theory enriches the social scientific study of meaning, culture, identity, reason, choice, judgment, decision, innovation, and invention. About fifty thousand years ago, humans made a spectacular advance: they became cognitively modern. This development made possible the invention of the vast range of knowledge, practices, and institutions that social scientists try to explain. For Turner, the anchor of all social science - anthropology, political science, sociology, economics - must be the study of the cognitively modern human mind. In this book, Turner moves the study of those extraordinary mental powers to the center of social scientific research and analysis. (shrink)

Inductive thinking is a universal human habit; we generalise from our experiences the best we can. The induction problem is to identify which observed regularities provide reasonable justification for inductive conclusions. In the natural sciences, we can often use strict laws in making successful inferences about unobserved states of affairs. In the social sciences, by contrast, we have no strict laws, only regularities which most often are conditioned on ceteris paribus clauses. This makes it much more difficult to make (...) reliable inferences in the social sciences. In particular, we want knowledge about general causal relations in order to be able to determine what to do in order to achieve a certain state of affairs. Knowledge about causal relations that are also valid in the future requires experiments or so called ‘natural experiments’. Only knowledge derived from such experiences enable us to draw reasonably reliable inferences about how to act in order to achieve our goals. (shrink)

For the first time in history, genetics will enable science to completely identify each human as genetically unique. Will this knowledge reinforce the trend for more individual liberties or will it create a ‘brave new world’? A law policy approach to the problems raised by the human genome project shows how far our democratic institutions are from being the proper forum to discuss such issues. Because of the fears and anxiety raised in the population, and also because of its wide (...) implications on the everyday life, the human genome analysis more than any other project needs to succeed in setting up such a social assessment. Keywords: human genome project, judiciary law policy, legislative activity, new ethics institutions, methodology in law reform, public debate, social consensus CiteULike Connotea Del.icio.us What's this? (shrink)