Logical positivism is often characterized as a set of naive doctrines on meaning, method, and metaphysics. In recent decades, however, historians have dismissed this view as a gross misinterpretation. This new scholarship raises a number of questions. When did the standard reading emerge? Why did it become so popular? And how could commentators have been so wrong? This essay reconstructs the history of a “caricature” and rejects the hypothesis that it was developed by ill-informed Anglophone scholars who failed to appreciate (...) the subtleties of European scientific philosophy. It argues that the received view has a more complicated history and was frequently promoted by the European positivists themselves. The essay shows that the view has roots in both American and European scientific philosophy and emerged as a result of the complex interplay between the two communities in the years before the intellectual migration. (shrink)

Judging Positivism is a critical exploration of the method and substance of legal positivism. Margaret Martin is primarily concerned with the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. The book focuses primarily but not exclusively on the writings of prominent legal positivist, Joseph Raz. Martin argues that Raz's theory has changed over time and (...) that these changes have led to deep inconsistencies and incoherencies in his account. One re-occurring theme in the book is that Razian positivism collapses from within. In the process of defending his own position, Raz is led to support the views of many of his main rivals, namely, Ronald Dworkin, the legal realists and the normative positivists. The internal collapse of Razian positivism proves to be instructive. Promising paths of inquiry come into view and questions that have been suppressed or marginalised by positivists re-emerge ready for curious minds to reflect on anew. The broader vision of jurisprudential inquiry defended in this book re-connects philosophy with the work of practitioners and the worries of law's subjects, bringing into focus the relevance of legal philosophy for lawyers and laymen alike"--Provided by publisher. (shrink)

Edited by a leading exponent of the school, this book offers--in the words of the movement's founders--logical positivism's revolutionary theories on meaning and metaphysics, the nature of logic and mathematics, the foundations of knowledge ...

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)

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)

Cet ouvrage est une réédition numérique d’un livre paru au XXe siècle, désormais indisponible dans son format d’origine.

This chapter contains sections titled: Jurisprudence: Method and Subject Matter Legality and Authority Positivism: Austin vs. Hart The Authority of Law Judicial Discretion Incorporationism and Legality Raz' s Theory of Authority Incorporationism and Authority Conclusion Postscript References.

By targeting and critiquing these assumptions, he lays the groundwork for a post-positivist philosophy of science that does not provide aid and comfort to the enemies of reason. This book consists of thirteen essays.

Legal positivists maintain that the legality of a rule is fundamentally determined by social facts. Yet for much of legal history, ordinary officials used legal terminology in ways that seem inconsistent with positivism. Judges regularly cited, analyzed, and predicated their decisions on the ‘laws of justice’ which they claimed had universal legal import. This practice, though well-documented by historians, has received surprisingly little philosophical attention; I argue that it invites explanation from positivists. After taxonomizing the positivist’s explanatory options, I suggest (...) that the most viable option appeals to conceptual change: classical Romans, early modern Europeans, founding-era Americans were not using ‘law’ (or ‘lex’ or ‘jus’) to refer to the subject matter of contemporary legal philosophy. But the strategy is costly. It renders positivism’s truth surprisingly parochial. And it supplies new reasons for doubting positivist accounts of contemporary practices, including the treatment of moral principles in modern adjudication. (shrink)

Since its publication in 1982, _Beyond Positivism _has become established as one of the definitive statements on economic methodology. The book’s rejection of positivism and its advocacy of pluralism were to have a profound influence in the flowering of work methodology that has taken place in economics in the decade since its publication. This edition contains a new preface outlining the major developments in the area since the book’s first appearance. The book provides the first comprehensive treatment of twentieth century (...) philosophy of science which emphasizes the issues relevant to economics. It proceeds to demonstrate this relevance by reviewing some of the key debates in the area. Having concluded that positivism has to be rejected, the author examines possible alternative bases for economic methodology. Arguing that there is no best method, he advocates methodological pluralism. (shrink)

This book is a compact, accessible treatment of the main ideas advanced by the positivists, including Schlick, Carnap, Ayer, and the early Wittgenstein. Oswald Hanfling discusses such ideas as the 'verification principle' ('the meaning of this statement is the method of its verification') and the 'elimination of metaphysics, ' an attempt to show that metaphysical statements, for example about God, are unverifiable and therefore meaningless.

In this paper, we investigate how the life and work of Louis Rougier relate to the broader political dimension of logical empiricist philosophy. We focus on three practical projects of Rougier in the 1930s and 1940s: first, his attempts to integrate French-speaking philosophers into an international network of scientific philosophers by organizing two Unity of Science conferences in Paris; second, his role in the renewal of liberalism through the organization of the Walter Lippmann Colloquium; and third, his attempts at political (...) negotiations between Great Britain and the Vichy regime during the Second World War. These activities of Rougier in the 1930s and 1940s have so far never been discussed as part of a unified project on his part. Based on our investigations of these practical projects of Rougier, we argue that his relation to logical empiricist philosophers should primarily be understood on the level of action. His projects aimed to proliferate the concrete improvement of society and the lives of its citizens by expunging all metaphysical questions and speculations from the sphere of social discourse. Rougier conceived logical empiricist philosophers as allies to achieve such practical effects in society. (shrink)

In A General View of Positivism French philosopher Auguste Comte gives an overview of his social philosophy known as Positivism. Comte, credited with coining the term 'sociology' and one of the first to argue for it as a science, is concerned with reform, progress and the problem of social order in society. In this English edition of the work, published in 1865, he addresses the practical problems of implementing his philosophy or doctrine, as he also refers to Positivism, into society. (...) He believes that society evolves through a series of stages that are ruled by social laws and culminate in a superior form of social life. During this reorganisation of society, which will find its greatest supporters among women and the working class, a 'new moral power' will emerge. Under the motto 'love, order and progress' Comte wishes humanism to replace organised religion as the object of spiritual worship. (shrink)

Some philosophers argue that many contemporary debates in metaphysics are “illegitimate,” “shallow,” or “trivial,” and that “contemporary analytic metaphysics, a professional activity engaged in by some extremely intelligent and morally serious people, fails to qualify as part of the enlightened pursuit of objective truth, and should be discontinued” (Ladyman and Ross, Every thing must go: Metaphysics naturalized , 2007 ). Many of these critics are explicit about their sympathies with Rudolf Carnap and his circle, calling themselves ‘neo-positivists’ or ‘neo-Carnapians.’ Yet (...) despite the fact that one of the main conclusions of logical positivism was that metaphysical statements are meaningless, many of these neo-positivists are themselves engaged in metaphysical projects. This paper aims to clarify how we may see a neo-positivist metaphysics as proceeding in good faith, one that starts with serious engagement with the findings of science, particularly fundamental physics, but also has room for traditional, armchair methods. (shrink)

This paper re-contextualises Popper within a Kantian tradition by examining his interaction with the Vienna Circle. The complexity of Popper's relationship to the Vienna Circle is often a point of confusion as some view him as a member of the Vienna Circle while others minimise his association with this group. This paper argues that Popper was not a member of the Vienna Circle or a positivist but shared many neo-Kantian philosophical tendencies with the members of the Circle as well as (...) many of their philosophical problems and interests. By better understanding the influence of the Circle's members upon Popper, we not only remove the myths surrounding Popper's positivism, but also place the logical positivism of the Vienna Circle within its proper philosophical context. This paper further argues that it was Popper's friend during his formative philosophical years in Vienna, Julius Kraft (1921–1960) who was responsible for the way in which Popper approached Kant. Through Kraft, Popper was introduced to the thought of Leonard Nelson (1882–1927) and Jakob Fries (1773–1843) as well as a tradition of critical rationalism which Popper would continue both in his methodological orientation as well as through his late German Enlightenment intellectual values. (shrink)

In Unifying Biology, Smocovitis offers a series of claimsregarding the relationship between key actors in the synthesisperiod of evolutionary studies and positivism, especially claimsentailing Joseph Henry Woodger and the Unity of Science Movement.This commentary examines Woodger''s possible relevance to key synthesis actors and challenges Smocovitis'' arguments for theexplanatory relevance of logical positivism, and positivism moregenerally, to synthesis history. Under scrutiny, these arguments areshort on evidence and subject to substantial conceptual confusion.Though plausible, Smocovitis'' minimal interpretation – that somegeneralised form of Comtean (...) positivism had a role in synthesishistory – requires more of an evidential basis and must engageexisting scholarship on epistemic reforms in the biological sciencesprior to the synthesis period. Smocovitis is right to investigateepistemology in the synthesis period of evolutionary studies and tolook for links to wider changes in science and philosophy. However,in its present form, Unifying Biology fails to support herbasic interpretation. (shrink)

This book represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought. Anthony Sebok traces the roots of positivism through the first half of the twentieth century, and rejects the view that one must adopt some version of natural law theory in order to recognize moral principles in the law. On the contrary, once one corrects for the mistakes of formalism (...) and postwar legal process, one is left with a theory of legal positivism that takes moral principles seriously while avoiding the pitfalls of natural law. The broad scope of this book ensures that it will be read by philosophers of law, historians of law, historians of American intellectual life, and those in political science concerned with public law and administration. (shrink)

Un fac-similé de ce petit volume caractéristique du génie délirant d'A. Comte, qui préfigure à la fois Dali et les utopies mondialistes, et qu'admirèrent Maurras et Lénine.

In “How Facts Make Law” and other recent work, Mark Greenberg argues that legal positivists cannot develop a viable constitutive account of law that meets what he calls the “the rational-relation requirement.” He argues that this gives us reason to reject positivism in favor of antipositivism. In this paper, I argue that Greenberg is wrong: positivists can in fact develop a viable constitutive account of law that meets the rational-relation requirement. I make this argument in two stages. First, I offer (...) an account of the rational-relation requirement. Second, I put forward a viable positivist account of law that I argue meets this requirement. The account that I propose is a version of Scott Shapiro’s Planning Theory of Law. The version of Shapiro’s account that I propose combines (1) the account of concepts and conceptual analysis put forward by David Chalmers and Frank Jackson with (2) the account of the concept LEGAL INSTITUTION (and its conceptual connections to the concept LEGAL NORM) that we get from a certain reading of Shapiro’s Planning Theory. In addition to providing a compelling response to Greenberg’s argument in “How Facts Make Law,” I argue that the explanation for why my response to Greenberg works underscores one of the central problems facing legal antipositivism: namely, its lack of a convincing account of the nature of legal institutions. (shrink)

In this collection of essays one of the preeminent philosophers of science writing offers a reinterpretation of the enduring significance of logical positivism, the revolutionary philosophical movement centered around the Vienna Circle in the 1920s and 30s. Michael Friedman argues that the logical positivists were radicals not by presenting a new version of empiricism but rather by offering a new conception of a priori knowledge and its role in empirical knowledge. This collection will be mandatory reading for any philosopher or (...) historian of science interested in the history of logical positivism in particular or the evolution of modern philosophy in general. (shrink)

Do the terms “logical positivism” and “logical empiricism” mark a philosophically real and significant distinction? There is, of course, no doubt that the first term designates the group of philosophers known as the Vienna Circle, headed by Moritz Schlick and including Rudolf Carnap, Herbert Feigl, Philipp Frank, Hans Hahn, Otto Neurath, Friedrich Waismann and others. What is debatable, however, is whether the name “logical positivism” correctly distinguishes their doctrines from related ones called “logical empiricism” that emerged from the Berlin Society (...) for Scientific Philosophy around Hans Reichenbach which included Walter Dubislav, Kurt Grelling, Kurt Lewin and a young Carl Gustav Hempel.1 The .. (shrink)

In the early eighties, philosophers of science came to the conviction that discovery and creativity form an integral part of scientific rationality. Ever since, the?positivists? have been criticised for their neglect of these topics. It is the aim of this paper to show that the positivists' approach to scientific discovery is not only much richer than is commonly recognized, but that they even defended an important thesis which some of the `friends of discovery' seem to have forgotten. Contrary to what (...) is generally accepted, I shall also show that there is no reason at all why the positivists should have ignored discovery. (shrink)

Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no necessary connection (...) between law and morality. Robert Alexy has argued, however, that the law, besides consisting conceptually of elements of authoritative issuance and social efficacy, necessarily lays a claim to substantial correctness, which is derived from analytical arguments. Furthermore, if this claim to substantial correctness necessarily requires the incorporation of moral elements into law, then the ‘necessary connection thesis’, as defended by non-positivism, can be justified. Some of the most significant objections to this sort of claim, stemming from the Anglo-American world, are those introduced by Joseph Raz. In his ‘Reply’ to Robert Alexy, Raz raises at least three interesting criticisms, including, first, the ambiguity of ‘legal theory in the positivistic tradition’, second, the indeterminate formulations of the ‘separation thesis’, and, third, the necessary claim of law to legitimate authority as a moral claim. As a point of departure, I will argue that Raz’s three criticisms are misleading. For they do not enhance our understanding of the genuine compatibility or incompatibility between legal positivism and non-positivism. Despite the frequently reformulated theses of legal positivism and the various kinds of opponents responding thereto, the essential divergence between legal positivism and non-positivism was and remains the answer to the question of the relation between law and morality. Furthermore, I will clarify that in the strictest sense there can be three and only three logically possible positions concerning the relation between law and morality: the connection between them is either necessary, or impossible (i. e. they are necessarily separate), or contingent (i. e. they are neither necessarily connected nor necessarily separate). The first position is non-positivistic, while the latter two positions are, indeed, both positivistic, but in different forms: one may be called ‘exclusive’ legal positivism, the other ‘inclusive’ legal positivism. I will continue by showing that these three positions stand to one another in the relation of contraries, not contradictories, and that, taken together, they exhaust the logically possible positions concerning the relation between law and morality, never mind the tradition or authority from which these positions are derived. Raz mentions, however, many changeable formulations of the separation thesis, which even leads him to acknowledge ‘necessary connections between law and morality’. One who is trying to understand legal positivism would no doubt be puzzled by this claim. Nevertheless, I will argue that this is an alternative strategy of legal positivism, and it points to naturalistically oriented view. Although this necessary separation between law and morality, understood naturalistically, strikes one as strengthening the separation, in the end it leads to a weakened notion of necessity. This weakened necessary separation thesis, however, cannot be justified through the so-called claim of the law to legitimate authority, defended by Raz, for it is difficult to answer the question of whether a normally justified but factual authority can gain legitimate authority. Finally, the necessary connection between law and morality in a strong sense can still be justified by the claim of law to correctness, as per Alexy’s argument. (shrink)

This is the penultimate draft of a paper originally presented at the Hart-Fuller at 50 conference, held at the NYU Law School in February 2008. A revised version will appear in the NYU Law Review. The paper seeks to clarify and assess HLA Hart's famous claim that legal positivism somehow involves a 'separation of law and morals.' The paper contends that Hart's 'separability thesis should not be confused with the 'social thesis,' with the 'sources thesis,' or with a methodological thesis (...) about jurisprudence. Hart's thesis denies the existence of necessary (conceptual) connections between law and morality. But that thesis is false: there are many necessary connections between law and morality, some of them conceptually significant. Among these is an important negative connection: law is of its nature morally fallible and morally risky. Lon Fuller emphasised the 'internal morality of law,' the 'morality that makes law possible'. Hart stressed that there is also an immorality that law makes possible. Law's nature is seen not only in its internal virtues, in legality, but also in its internal vices, in legalism. (shrink)

According to Scott Shapiro’s Moral Aim Thesis, it is an essential feature of the law that it has a moral aim. In short, for Shapiro, this means that the law has the constitutive aim of providing morally good solutions to morally significant social problems in cases where other, less formal ways of guiding the activity of agents won’t work. In this article, I argue that legal positivists should reject the Moral Aim Thesis. In short, I argue that although there are (...) versions of the Moral Aim Thesis that are arguably compatible with legal positivism, all of the different ways of making it compatible face serious philosophical difficulties. Following a discussion of what these difficulties are, I provide an alternative to the Moral Aim Thesis, a thesis that I call the ‘Represented-as-Moral Thesis’. This thesis avoids the problems that I raise for the Moral Aim Thesis and better resonates with some of the core intuitions behind legal positivism. Furthermore, a version of Shapiro’s Planning Theory of Law that is developed with the Represented-as-Moral Thesis (as opposed to the Moral Aim Thesis) can explain all of the things that Shapiro uses the Moral Aim Thesis to explain. (shrink)

It has become increasingly popular to argue that legal positivism is actually a normative theory, and that it cannot be purely descriptive and morally neutral as H.L.A. Hart has suggested. This article purports to disprove this line of thought. It argues that legal positivism is best understood as a descriptive, morally neutral, theory about the nature of law. The article distinguishes between five possible views about the relations between normative claims and legal positivism, arguing that some of them are not (...) at odds with Hart’s thesis about the nature of jurisprudence, while the others are wrong, both as expositions of legal positivism or as critiques of it. Legal positivism does not necessarily purport to justify any aspect of its subject matter, nor is it committed to any particular moral or political evaluations. (shrink)

Due to their acceptance of the verifiability principle, the only way left for logical positivists to argue for the meaningfulness of religious language was to accept some sort of emotivistic conception of it or to reduce it to the description of religious attitude. The verifiability principle, however, suffers from some severe limitations that make it inadequate as a criterion for cognitive meaning. To resolve these problems, logical positivists gave up the requirement of conclusive verifiability and defended a sort of ‘liberalization’ (...) of the verifiability principle. Carnap’s confirmability criterion for cognitive meaning, which is a liberalized form of the verifiability principle, is compatible with an orthodox conception of religious language since, from a theistic perspective, the existence of God can be confirmed through our observational statements. (shrink)

This paper is concerned with the reversal in meaning of the word positivism, which has come to mean ‘theory which assumes the existence of a world beyond our ideas’ whereas once it meant ‘theory which is agnostic about the existence of a world beyond our ideas', and with educational writers’ persistent mistakes in using quotation marks, as a consequence of this reversal.

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

— Y.K. Karaosmanoglu: "General, this party has no doctrine...".— Mustafa Kemal: "Of course it hasn't, my son; if we had a doctrine, we would paralyze the movement”.The many studies, articles, essays, conferences and seminars dedicated to the personality and the work of Mustafa Kemal are still far from having exhausted an area of knowledge with many facets, a historical reality with unending extensions. By studying the apologetic literature about the civilizing hero and a historiography which is limited to the relatively (...) neutral description of the rich career of an individual, it can be noted that there are very few writings inspired by the desire not only to analyze, to explain and to understand but also to think through the Kemalist revolution. (shrink)

This article examines the grappling of modern positivists with the question of legal unity. It presents and contrasts two antagonistic positivist strands—naturalist and normativist—epitomized in the works of Austin and Kelsen, respectively. The two strands correspond to two contrasting models of legal authority—criterial and coherence-based—and they accordingly diverge on the proper explanation of unity. Naturalist, criterial models purport to explain the unity of law based on extra-legal facts alone; normativist, coherence-based models resort strictly to the interrelation of legal elements themselves. (...) Against this backdrop, the article argues that Raz’s work on the subject is torn between Austin and Kelsen: While his naturalist ancestors accounted for legal unity externally, Raz’s prominent works are captivated by the Kelsenian realization that the unity of law must be accounted for internally. Two central upshots follow. First, the analysis provides a litmus test for the (in)ability of naturalist positivism to explain legal unity. Second, Raz’s strategic reliance on Kelsen distorts his work: Both the Grundnorm and validity chains are upended to fit Raz’s naturalist commitments. (shrink)