Can laws of nature be universal regularities and nevertheless have exceptions? Several answers to this question, in particular the thesis that there are no laws outside of fundamental physics, are examined and rejected. It is suggested that one can account for exceptions by conceiving of laws as strictly universal determination relations between (instances of) properties. When a natural property is instantiated, laws of nature give rise to other, typically dispositional properties. In exceptional situations, such properties manifest themselves either in (...) an unusual way or not at all. (shrink)

Sentences of the form ‘Fs are Gs’ can express laws of nature, weaker Special Science laws, and also regularities which are not a part of any explicit science. These so-called generic sentences express nomic relationships which may have exceptions. I discuss the kinds of regularities expressed by generic sentences and argue that since they play a similar role in determining our ability to categorise and reason about the world, we should look for a unified treatment of them.

I propose a realist theory of laws formulated in terms of tropes that avoids both the problems of the "best-systems-analysis" and the "inference problem" of realism of universals. I analyze the concept of an exceptional situation, characterized as a situation in which a particular object satisfies the antecedent but not the consequent of the regularity associated with a law, without thereby falsifying that law. To take this possibility into account, the properties linked by a law must be conceived as dispositional (...) and not necessarily manifest. (shrink)

It has been argued that the fundamental laws of physics do not face a ‘problem of provisos’ equivalent to that found in other scientific disciplines (Earman, Roberts and Smith 2002) and there is only the appearance of exceptions to physical laws if they are confused with differential equations of evolution type (Smith 2002). In this paper I argue that even if this is true, fundamental laws in physics still pose a major challenge to standard Humean approaches to lawhood, as they (...) are not in any obvious sense about regularities in behaviour. A Humean approach to physical laws with exceptions is possible, however, if we adopt a view of laws that takes them to be the algorithms in the algorithmic compressions of empirical data. When this is supplemented with a distinction between lossy and lossless compression, we can explain exceptions in terms of compression artefacts present in the application of the lossy laws. (shrink)

Thinking tools is a regular feature that offers tips and pointers on thinking clearly and rigorously.

Thinking tools is a regular feature that offers tips and pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces tips and pointers on thinking clearly and rigorously. Here we get to grips with two everyday reasoning errors.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here I tell a cautionary tale about flying saucers and take a brief look at the virtues of ‘open-mindedness’.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here we get to grips with two everyday reasoning errors.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here l explain some of the techniques commonly used by ‘gurus’ to dupe people into thinking they have something profound to say.

Thinking tools is a regular feature that offers tips and pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. In this installment, we focus, not on faulty reasoning per se, but on an example of how we can be led astray or manipulated without our even realizing what is going on. Our critical faculties are entirely sidestepped!

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here we get to grips with an everyday reasoning error: the gambler's fallacy.

Thinking Tools is a regular feature that introduces tips and pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces tips and pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces tips and pointers on thinking clearly and rigorously.

On January 18, 2006, the United States Supreme Court unanimously held that the constitutional challenge to New Hampshire's Parental Notification Prior to Abortion Act would be remanded to the United States Court of Appeals for the First Circuit, to determine whether the Court of Appeals could, consistent with New Hampshire's legislative intent, formulate a narrower remedy than a permanent injunction against enforcement of the parental notification law in its entirety.In 2003, New Hampshire enacted the Parental Notification Prior to Abortion Act. (...) The Act specifies, in pertinent part, that “No abortion shall be performed upon an unemancipated minor or upon a female for whom a guardian or conservator has been appointed… until at least 48 hours after written notice of the pending abortion has been delivered....” The Act allows for three exceptions where a physician may perform an abortion on a minor child without parental or guardian notification. (shrink)

Some have tried to make miracles compatible with the laws of nature by re-defining them as something other than interventions. By contrast, this article argues that although miracles are divine interventions, they are not violations of the laws of nature. Miracles are also not exceptions to the laws, nor do the laws not apply to them. The laws never have exceptions; they never are violated or suspended, are probably necessary and unchangeable, and apply also to divine interventions. We need to (...) reconsider not miracles but laws. The main claim of this article is that laws of nature do not entail regularities, and therefore that miracles do not violate the laws. We need a new theory of the laws of nature: the tendency theory. (shrink)

On January 18, 2006, the United States Supreme Court unanimously held that the constitutional challenge to New Hampshire's Parental Notification Prior to Abortion Act would be remanded to the United States Court of Appeals for the First Circuit, to determine whether the Court of Appeals could, consistent with New Hampshire's legislative intent, formulate a narrower remedy than a permanent injunction against enforcement of the parental notification law in its entirety.In 2003, New Hampshire enacted the Parental Notification Prior to Abortion Act. (...) The Act specifies, in pertinent part, that “No abortion shall be performed upon an unemancipated minor or upon a female for whom a guardian or conservator has been appointed… until at least 48 hours after written notice of the pending abortion has been delivered....” The Act allows for three exceptions where a physician may perform an abortion on a minor child without parental or guardian notification. (shrink)

Thinking Tools is a regular feature that introduces tips and pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces tips and pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here we look at a particularly underhand way of avoiding answering a question. It is popular with politicians around the world.

Jacques Derrida offers his recent commentary on the early career of Paul de Man as an urgent intervention in a discussion he fears is going awry. The most pressing danger he sees in the recent revelations is that they have played into the hands of de Man’s antagonists, who are now ready to denounce the whole of his career and even deconstruction itself. Against such indiscriminate critiques Derrida hurls the epithet: totalitarian. He is attempting to reseize the initiative in the (...) discussion and to reset the terms of the debate. His agenda extends across historical, theoretical, and political questions.He wants to affirm that a radical, indeed absolute break separates the later from the earlier de Man. He also wants to show that the young de man, however firmly committed to fascist ideology and however much an accomplice of the Nazis occupying Belgium, at the same time regularly distanced himself from that ideology and even undermined its meanings. Moreover, Derrida boldly takes up the challenge that these revelations have cast on the intellectual movement he and de Man have shaped. Can deconstruction come to grips with the political and intellectual history of its own leading American proponent? And can deconstruction in the process make a distinctive contribution to the understanding of fascism and intellectuals’ participation in it? John Brenkman is associate professor of English at Northwestern University. He is the author of Culture and Domination . Jules David Law is assistant professor of English at Northwestern University. He is currently working on a book-length study of the metaphors of surface, depth, and reflection in eighteenth- and nineteenth-century British prose. (shrink)

Statistical learning enables humans to involuntarily process and utilize different kinds of patterns from the environment. However, the cognitive mechanisms underlying the simultaneous acquisition of multiple regularities from different perceptual modalities remain unclear. A novel multidimensional serial reaction time task was developed to test 40 participants’ ability to learn simple first‐order and complex second‐order relations between uni‐modal visual and cross‐modal audio‐visual stimuli. Using the difference in reaction times between sequenced and random stimuli as the index of domain‐general statistical learning, (...) a significant difference and dissociation of learning occurred between the initial and final learning phases. Furthermore, we used a negative and positive occurrence‐frequency‐and‐reaction‐time correlation to indicate implicit and explicit learning, respectively, and found that learning simple uni‐modal patterns involved an implicit‐to‐explicit segue, while acquiring complex cross‐modal patterns required an explicit‐to‐implicit segue, resulting in a X‐shape crossing of regularity learning. Thus, we propose an X‐way hypothesis to elucidate the dynamic interplay between the implicit and explicit systems at two distinct stages when acquiring various regularities in a multidimensional probability space. (shrink)

This thesis investigates the conceptual relationship between laws of nature and free will. In order to clarify the discussion, I begin by distinguishing several questions with respect to the nature of a law: i) do the laws of nature cover everything that happens? ii) are they deterministic? iii) can there be exceptions to universal and deterministic laws? iv) do the laws of nature govern everything in the world? In order to answer these questions I look at three widely endorsed accounts (...) of laws: "Humean" regularity accounts, laws as relations among universals, and the dispositional essentialist account. I argue that there is nothing in the very nature of a law - in any of the accounts surveyed - that implies a positive answer to questions (i) and (ii). I show that this has important consequences for the free will problem. I then turn to the compatibility of free will and determinism. I focus on the Humean view and the dispositional essentialist account of laws. And the bulk of this discussion concerns the consequence argument, especially the question of whether the laws of nature are "up to us". I show that, on the dispositional conception of laws, there is no sense in which the laws of nature are up to us, contrary to the Humean view. However, this does not mean that there is no room for free will on the dispositional account. I argue that free will requires the laws of nature to be limited in scope, rather than being indeterministic. I conclude by showing that this allows one to resist the claim that indeterminism rules out free will. (shrink)

While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the (...) courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts. (shrink)

In the period of emergence of early modern science, ‘monsters’ or individuals with physical congenital anomalies were considered as rare events which required special explanations entailing assumptions about the laws of nature. This concern with monsters was shared by representatives of the new science and Late Scholastic authors of university textbooks. This paper will reconstruct the main theses of the treatment of monsters in Late Scholastic textbooks, by focusing on the question as to how their accounts conceived nature’s regularity and (...) teleology. It shows that they developed a naturalistic teratology in which, in contrast to the naturalistic explanations usually offered by the new science, finality was at central stage. This general point does not impede our noticing that some authors were closer to the views emerging in the Scientific Revolution insofar as they conceived nature as relatively autonomous from God and gave a relevant place to efficient secondary causation. In this connection, this paper suggests that the concept of the laws of nature developed by the new science –as exception-less regularities—transferred to nature’s regularity the ‘strong’ character that Late Scholasticism attributed to finality and that the decline of the Late Scholastic view of finality played as an important concomitant factor permitting the transformation of the concept of laws of nature. (shrink)

Laws of nature seem to take two forms. Fundamental physics discovers laws that hold without exception, ‘strict laws’, as they are sometimes called; even if some laws of fundamental physics are irreducibly probabilistic, the probabilistic relation is thought not to waver. In the nonfundamental, or special, sciences, matters differ. Laws of such sciences as psychology and economics hold only ceteris paribus – that is, when other things are equal. Sometimes events accord with these ceteris paribus laws (c.p. laws, hereafter), but (...) sometimes the laws are not manifest, as if they have somehow been placed in abeyance: the regular relation indicative of natural law can fail in circumstances where an analogous outcome would effectively refute the assertion of strict law. Many authors have questioned the supposed distinction between strict laws and c.p. laws. The brief against it comprises various considerations: from the complaint that c.p. clauses are void of meaning to the claim that, although understood well enough, they should appear in all law-statements. These two concerns, among others, are addressed in due course, but first, I venture a positive proposal. I contend that there is an important contrast between strict laws and c.p. laws, one that rests on an independent distinction between combinatorial and noncombinatorial nomic principles.2 Instantiations of certain properties, e.g., mass and charge, nomically produce individual forces, or more generally, causal influences,3 in accordance with noncombinatorial.. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Willing and DecidingHegel on Irony, Evil, and the Sovereign ExceptionAndrew NorrisIf political decisionism is the claim that the most important political decisions cannot be regulated by rational norms and instead require a confrontation with the exception, Carl Schmitt remains its most notorious advocate. While Schmitt distanced himself from decisionism when he joined the Nazi party in the 1930s, his critics insist that his role in the events leading to (...) Hitler’s assumption of power and his own membership in the party were only attempts “to put... into practice” his earlier theoretical attack on legal positivism and what he vaguely termed “liberalism.”1 Even for those who reject such sweeping claims, the teaching laid out in his 1922 Political Theology remains deeply disturbing. On Schmitt’s account, “Sovereign is he who decides on the exception” [Political Theology 5]. This decision is not a matter of recognizing an exception that already exists; rather it has a performative quality whereby the sovereign decision that names a given event to be an exception is the necessary precondition for the existence of the exception as such—as well as, by extension, the legal system from which it is excepted or removed. The exception is, as it were, called into being by the sovereign, whose decision on it is unregulated by the standards of law or, indeed, of normal life itself.The exception is that which cannot be subsumed; it defies general codification, but it simultaneously reveals a specifically juristic element—the decision in its absolute purity. The exception appears in its absolute form when a situation in which legal prescriptions can be valid must first be brought about. Every general norm demands a normal, everyday frame of life to which it can be factually applied and which is subjected to its regulations. The norm requires a homogenous medium.... For a legal order to make sense, a normal situation must exist, and he is sovereign who definitively decides whether this normal situation actually exists.[Political Theology 13]2 [End Page 135]As the ability to decide on the exception (and hence the norm and the normal) in this sense is what defines the sovereign, sovereignty only appears in its “absolute purity” in the act of naming the exception. Schmitt’s sovereign is a creature of the border: “although he stands outside the normally valid legal system, he nevertheless belongs to it, for it is he who decides when the constitution needs to be suspended in its entirety” [Political Theology 7].3 But while the sovereign’s decision on the exception seems to range back and forth over the borders of the legal order, this movement is in fact the oscillation of the borders themselves—an oscillation that bears the two names sovereignty and exception. Though it makes sense in one way to speak of the sovereign overstepping the limits he lays down, in a deeper sense he, as the moment of decision, is himself the limit. On this account, George W. Bush was more accurate than he could have known in his recent halting suggestion that he is not just the nation’s “decider,” but also himself “a decision.” Or, as he more regularly if quietly maintains, an exception.4While Schmitt’s celebratory analysis of the exception is the best-known today, he is hardly the inventor of this problematic: as he himself emphasizes in Political Romanticism (1919), the question of the decision lies at the heart of nineteenth-century Continental Romanticism, which celebrated an “occasionalism” derived from Malebranche in which the self and its whims take precedence over any substantive commitments that self might take up.5 Karl Löwith has demonstrated that Schmitt’s 1920s decisionism is, rather ironically, open in many aspects to his earlier attack upon this Romantic occasionalism [see Löwith]. Löwith was perhaps as attuned to this as he was on account of being a keen student of Hegel, as well as of Heidegger. Indeed, many features of Schmitt’s own attack upon the Romantics are anticipated in Hegel’s fierce critique of this movement and, in particular, his attack upon Friedrich Schlegel’s role in it. But if Hegel’s critique of Schlegel casts... (shrink)

Many philosophers of science think that most laws of nature (even those of fundamental physics) are so called ceteris paribus laws, i.e., roughly speaking, laws with exceptions. Yet, the ceteris paribus clause of these laws is problematic. Amongst the more infamous difficulties is the danger that 'For all x: Fx ⊃ Gx, ceteris paribus' may state no more than a tautology: 'For all x: Fx ⊃ Gx, unless not'. One of the major attempts to avoid this problem (and others concerning (...) ceteris paribus laws) is to claim that the subject matter of laws are ascriptions of dispositions, powers, capacities etc., and not the regular behaviour we find in nature. That we do not know whether the cetera are paria in a specific situation does not matter to the dispositionalist because the objects have the disposition regardless of the circumstances. The defence of the latter claim is that dispositions can be instantiated without being manifested. Hence, the laws that ascribe dispositions are strict and it looks as if they do not face the above mentioned problems of ceteris paribus laws. In this essay I attempt to show that these assumptions are wrong. I hope to illustrate that not only does the ceteris paribus clause reoccur inside the dispositions, moreover, there are laws—laws about non-fundamental entities with instable dispositions—which bear a ceteris paribus clause that cannot be hidden in a disposition. (shrink)

In this paper, I aim to explore Lewis’s best system analysis and how it can accommodate laws with exceptions. The Best System Account has been introduced to provide an alternative view for both minimalist and counterfactual theories of regularities. Simple regularity theory faces problems in which there is some generalization that seems to be a law or some regularities that are established accidentally. It tries to exclude the accidental generalization from the account. However, the best system analysis can (...) solve the problem of how to distinguish between laws and accidents. (shrink)

Leuridan (2010) argued that mechanisms cannot provide a genuine alternative to laws of nature as a model of explanation in the sciences, and advocates Mitchell’s (1997) pragmatic account of laws. I first demonstrate that Leuridan gets the order of priority wrong between mechanisms, regularity, and laws, and then make some clarifying remarks about how laws and mechanisms relate to regularities. Mechanisms are not an explanatory alternative to regularities; they are an alternative to laws. The existence of stable (...) class='Hi'>regularities in nature is necessary for either model of explanation: regularities are what laws describe and what mechanisms explain. (shrink)

Many philosophers of science think that most laws of nature (even those of fundamental physics) are so called ceteris paribus laws, i.e. roughly speaking, laws with exceptions. Yet, the ceteris paribus clause of these laws is problematic. Amongst the more infamous difficulties is the danger that ‘For all x: Fx then Gx, ceteris paribus’ may state no more than a tautology: ‘For all x: Fx then Gx, unless not’. One of the major attempts to avoid this problem (and others concerning (...) ceteris paribus laws) is to claim that the subject matter of laws are ascriptions of dispositions, powers, capacities etc., and not the regular behaviour we find in nature. That we do not know whether the cetera are paria in a specific situation does not matter to the dispositionalist because the objects have the disposition regardless of the circumstances. The defence of the latter claim is that dispositions can be instantiated without being manifested. Hence, the laws that ascribe dispositions are strict and it looks as if they do not face the above mentioned problems of ceteris paribus laws. In this chapter I attempt to show that these assumptions are wrong. I hope to illustrate that not only does the ceteris paribus clause reoccur inside the dispositions, moreover, there are laws – laws about non-fundamental entities with instable dispositions – which bear a ceteris paribus clause that cannot be hidden in a disposition. (shrink)

The concept of the exception has heavily shaped modern political theory. In modernity, Kierkegaard was one of the first philosophers to propound the exception as a facilitator of metaphysical transcendence. Merging Kierkegaard’s metaphysical exception with early modern political theorist Jean Bodin’s theory of sovereignty, Carl Schmitt introduced sovereignty to metaphysics. He thereby made an early modern concept usable in a post-metaphysical world. This essay carries Schmitt’s appropriation one step further. Drawing on Walter Benjamin’s replacement of transcendental metaphysics with contingent creaturehood, (...) it reintroduces the anti-foundationalist concept of repetition that was implicit in Kierkegaard’s paradigm but which was not made lucid until Benjamin crafted from the Schmittian exception a vision of political life grounded in creaturely existence. -/- . (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

I first examine John Duns Scotus’ view of contingency, pure possibility, and created possibilities, and his version of the celebrated distinction between ordained and absolute power. Scotus’ views on ethical natural law and his account of induction are characterised, and their dependence on the preceding doctrines detailed. I argue that there is an inconsistency in his treatments of the problem of induction and ethical natural law. Both proceed with God’s contingently willed creation of a given order of laws, which can (...) be revoked and replaced with a new order of laws. In the case of ethical natural law God promulgated the Decalogue, for example; in the case of nature, there are physical laws that can be known by induction. Scotus exalts the freedom of God and the mutability of ethical natural law in order to explain exceptions to it disclosed by revelation (for example, the Old Testament command to Abraham to kill Isaac). Yet he treats ethical natural laws as (mostly) not universal and immutable. In contrast, he holds that we can arrive at knowledge of the universal and immutable laws of nature, except for those regularities that result from free will. Finally, I present several ways of characterising this tension between Scotus’ doctrines. (shrink)

A popular defence of the possibility of social laws is to interpret them as ceteris paribus statements along the same line as physical laws. It cannot be assumed, however, without further considerations regarding the role of initial conditions, that social laws may acquire the status of genuine laws. Two vexing problems need to be addressed: Exceptions should be compatible rather than incompatible with social regularities and social laws should not depend on initial conditions. The paper argues that neither of (...) these conditions is satisfied in the case of social laws. Although social laws present practical constraints, they do not constitute genuine structural constraints as physical laws do. (shrink)

A popular defence of the possibility of social laws is to interpret them as ceteris paribus statements along the same line as physical laws. It cannot be assumed, however, without further considerations regarding the role of initial conditions, that social laws may acquire the status of genuine laws. Two vexing problems need to be addressed: Exceptions should be compatible rather than incompatible with social regularities and social laws should not depend on initial conditions. The paper argues that neither of (...) these conditions is satisfied in the case of social laws. Although social laws present practical constraints, they do not constitute genuine structural constraints as physical laws do. (shrink)

Two points are made on the basis of (mainly) the cross-cultural psychological record. The first is that cross-cultural data indicate at least weak, nontrivial constraints on colour classification. The second is that exceptions to cross-cultural regularities as described by Saunders & van Brakel are compatible with the view that constraints on colour categories are probabilistic rather than deterministic.

In his recent book The Secret Connection (Clarendon 1989), Galen Strawsonadvances what he calls 'a simple and devastating objection' to the regularitytheory of causation. I will argue that his objection, far from beingdevastating, has no force at all; and further, that if it did have force, itwould tell equally against Strawson's own preferred alternative to theregularity theory.

Fred Dretske, Michael Tooley, and David Armstrong accept a theory of governing laws of nature according to which laws are atomic states of affairs that necessitate corresponding natural regularities. Some philosophers object to the Dretske/Tooley/Armstrong theory on the grounds that there is no illuminating account of the necessary connection between governing law and natural regularity. In response, Michael Tooley has provided a reductive account of this necessary connection in his book Causation (1987). In this essay, I discuss an improved (...) version of his account and argue that it fails. First, the account cannot be extended to explain the necessary connection between certain sorts of laws—namely, probabilistic laws and laws relating structural universals—and their corresponding regularities. Second, Tooley’s account succeeds only by (very subtly) incorporating primitive necessity elsewhere, so the problem of avoiding primitive necessity is merely relocated. (shrink)

I was seven or eight years old. In Hebrew school we had just learned the Aleph-Bet and were, haltingly, beginning to sound out words. As we spoke the ancient text, our teacher translated: "... And God said: 'Let there be light.' And there was light. ..."[note 2] Here was magic; here was the supernatural; here was the creation of the universe. I resonated to the story. I was filled with wonder, far more than had ever been elicited by any fairy (...) tale my parents had read to me. I pictured in my imagination the majesty of it: God speaks and Nature obeys. (shrink)

Can stable regularities be explained without appealing to governing laws or any other modal notion? In this paper, I consider what I will call a ‘Humean system’—a generic dynamical system without guiding laws—and assess whether it could display stable regularities. First, I present what can be interpreted as an account of the rise of stable regularities, following from Strevens [2003], which has been applied to explain the patterns of complex systems (such as those from meteorology and statistical (...) mechanics). Second, since this account presupposes that the underlying dynamics displays deterministic chaos, I assess whether it can be adapted to cases where the underlying dynamics is not chaotic but truly random—that is, cases where there is no dynamics guiding the time evolution of the system. If this is so, the resulting stable, apparently non-accidental regularities are the fruit of what can be called statistical necessity rather than of a primitive physical necessity. (shrink)