One reason to posit governing laws is to explain the uniformity of nature. Explanatory power can be purchased by accepting new primitives, and scientists invoke laws in their explanations without providing any supporting metaphysics. For these reasons, one might suspect that we can treat laws as wholly unanalyzable primitives. (John Carroll’s *Laws of Nature* (1994) and Tim Maudlin’s *The Metaphysics Within Physics* (2007) offer recent defenses of primitivism about laws.) Whatever defects primitive laws (...) might have, explanatory weakness should not be one of them. However, in this essay I’ll argue that wholly primitive laws cannot explain the uniformity of nature. The basic argument is based on the following idea: though a primitive law that P makes P likely, the primitive status of the law provides no reason to think that P must describe (or otherwise give rise to) a natural regularity. After identifying the problem for primitive laws, I consider an extension of the objection to all theories of governing laws and suggest that it may be avoided by a version of the Dretske/Tooley/Armstrong theory according to which laws are relations between universals. (shrink)

This paper considers an instance of Ancient Germanic Law in order to open up a new perspective on understanding the nature and functioning of our modern law. The paper claims, along Kelsenian lines, that the law should be understood as an organisation of force and an interpretation of violence. The law orders society by schematising interpretation. The law orders society not by demanding or prohibiting action, but by allowing a certain interpretation of states of affairs, ultimately, the interpretation of violence (...) as legally irrelevant. Ultimately, the law creates peace by interpretation: by allowing us to interpret certain forms of violence as legally irrelevant, the law monopolises force and creates a coercive order that pacifies the land. (shrink)

The aim of this paper is to summarize a particular approach of doing metaphysics through physics - the primitive ontology approach. The idea is that any fundamental physical theory has a well-defined architecture, to the foundation of which there is the primitive ontology, which represents matter. According to the framework provided by this approach when applied to quantum mechanics, the wave function is not suitable to represent matter. Rather, the wave function has a nomological character, given that its (...) role in the theory is to implement the law of evolution for the primitive ontology. (shrink)

The paper explains in what sense the GRW matter density theory is a primitive ontology theory of quantum mechanics and why, thus conceived, the standard objections against the GRW formalism do not apply to GRWm. We consider the different options for conceiving the quantum state in GRWm and argue that dispositionalism is the most attractive one.

The article sets out a primitive ontology of the natural world in terms of primitive stuff—that is, stuff that has as such no physical properties at all—but that is not a bare substratum either, being individuated by metrical relations. We focus on quantum physics and employ identity-based Bohmian mechanics to illustrate this view, but point out that it applies all over physics. Properties then enter into the picture exclusively through the role that they play for the dynamics of (...) the primitive stuff. We show that such properties can be local, as well as holistic, and discuss two metaphysical options to conceive them, namely, Humeanism and modal realism in the guise of dispositionalism. 1 Introduction2 Primitive Ontology: Primitive Stuff3 The Physics of Matter as Primitive Stuff4 The Humean Best System Analysis of the Dynamical Variables5 Modal Realism about the Dynamical Variables6 Conclusion. (shrink)

This essay attempts to elaborate a political theory of capital’s violence. Recent analyses have adopted Karl Marx’s notion of the “primitive accumulation of capital” for investigating the forcible methods by which the conditions of capital accumulation are reproduced in the present. I argue that the current scholarship is limited by a certain functionalism in its theorization of ongoing primitive accumulation. The analytic function accorded to primitive accumulation, I contend, can be better performed by the concepts of “capital-positing (...) violence” and “capital-preserving violence.” In coining these new concepts, I first refine the conceptual core of primitive accumulation as the coercive capitalization of social relations of reproduction, which falls into sharpest relief in the violent history of colonial capitalism. I then elucidate this conceptual core with reference to Carl Schmitt’s account of European colonial expansion and Walter Benjamin’s reflections on law-making and law-preserving violence. The resultant concepts of capital-positing and capital-preserving violence, I conclude, can illuminate both the historical and the quotidian operations of the politico-juridical force that has been constitutive of capitalism down to our present moment. (shrink)

One of the most intuitive views about the metaphysics of laws of nature is Tim Maudlin's idea of a Fundamental Law of Temporal Evolution. So-called FLOTEs are primitive elements of the universe that produce later states from earlier states. While FLOTEs are at home in traditional Newtonian and non-relativistic quantum mechanical theories (not to mention our pre-theoretic conception of the world), I consider here whether they can be made to work with relativity. In particular, shifting to relativistic spacetimes (...) poses two threats to FLOTEs. First, the lack of a privileged spacelike hypersurface in relativistic spacetime makes it unclear how to understand what produces what. A survey of several conceptions of the nomic production relation compatible with relativity reveals all of them to be lacking. Second, relativity motivates a four-dimensional block universe conception of time, according to which all events that will ever occur already exist. On such a view, it's unclear what work there is to be done by FLOTEs. I consider how a proponent of FLOTEs might respond, but conclude that these combined threats seriously undermine the prospects of a productive conception of laws. In short, if spacetime is relativistic, laws are not productive. (shrink)

Fred Dretske, David M. Armstrong, and Michael Tooley have all proposed that the truths about the laws of nature are metaphysically fundamental, consisting in a primitive, unanalyzable relation of 'necessitation' holding between two or more properties or universals. According to Strong Nomism, the laws of nature determine which counterfactual conditionals are true, and they also determine which powers and tendencies particular things have. This chapter treats Nomism as committed to the Dretske‐Armstrong‐Tooley (DAT) theory. Nomism provides a metaphysical (...) explanation of the difference between lawful and accidental generalization. The chapter focuses on the Neo‐Humeist or Ramsey/Lewis Theory of the laws of nature. The Neo‐Humeist program proceeds in the following way. First, give a reductionist account of the laws of nature, and then use the laws to ground the truths of attributions of power and of counterfactual conditionals. (shrink)

AbstractBohmian mechanics grounds the predictions of quantum mechanics in precise dynamical laws for a primitive ontology of point particles. In an appraisal of the de-Broglie–Bohm theory, the paper discusses the crucial epistemological and conceptual role that a primitive ontology plays within a physical theory. It argues that quantum theories without primitive ontology fail to make contact with observable reality in a clear and consistent manner. Finally, it discusses Einstein’s epistemological model and why it supports the (...) class='Hi'>primitive ontology approach. (shrink)

In my dissertation I analyze the structure of fundamental physical theories. I start with an analysis of what an adequate primitive ontology is, discussing the measurement problem in quantum mechanics and theirs solutions. It is commonly said that these theories have little in common. I argue instead that the moral of the measurement problem is that the wave function cannot represent physical objects and a common structure between these solutions can be recognized: each of them is about a clear (...) three-dimensional primitive ontology that evolves according to a law determined by the wave function. The primitive ontology is what matter is made of while the wave function tells the matter how to move. One might think that what is important in the notion of primitive ontology is their three-dimensionality. If so, in a theory like classical electrodynamics electromagnetic fields would be part of the primitive ontology. I argue that, reflecting on what the purpose of a fundamental physical theory is, namely to explain the behavior of objects in three--dimensional space, one can recognize that a fundamental physical theory has a particular architecture. If so, electromagnetic fields play a different role in the theory than the particles and therefore should be considered, like the wave function, as part of the law. Therefore, we can characterize the general structure of a fundamental physical theory as a mathematical structure grounded on a primitive ontology. I explore this idea to better understand theories like classical mechanics and relativity, emphasizing that primitive ontology is crucial in the process of building new theories, being fundamental in identifying the symmetries. Finally, I analyze what it means to explain the word around us in terms of the notion of primitive ontology in the case of regularities of statistical character. Here is where the notion of typicality comes into play: we have explained a phenomenon if the typical histories of the primitive ontology give rise to the statistical regularities we observe. (shrink)

What is the origin of the concept of a law of nature? How much does it owe to theology and metaphysics? To what extent do the laws of nature permit contingency? Are there exceptions to the laws of nature? Is it possible to give a reductive analysis of lawhood, or is it a primitive? -/- Twelve brand-new essays by an international team of leading philosophers take up these and other central questions on the laws of nature, (...) whilst also examining some of the most important intuitions and assumptions that have guided the debate over laws of nature since the concept's invention in the seventeenth century. -/- Laws of Nature spans the history of philosophy and of science, contemporary metaphysics, and contemporary philosophy of science. Contents: 1. Intuitions and Assumptions in the Debate over Laws of Nature, Walter Ott and Lydia Patton 2. Early Modern Roots of the Philosophical Concept of a Law of Nature, Helen Hattab 3. Laws of Nature and the Divine Order of Things: Descartes and Newton on Truth in Natural Philosophy, Mary Domski 4. Leges sive natura: Bacon, Spinoza, and a Forgotten Concept of Law, Walter Ott 5. Laws and Powers in the Frame of Nature, Stathis Psillos 6. Laws and Ideal Unity, Angela Breitenbach 7. Becoming Humean, John W. Carroll 8. A Perspectivalist Better Best System Account of Lawhood, Michela Massimi 9. Laws: An Invariance Based Account, James Woodward 10. How the Explanations of Natural Laws Make Some Reducible Physical Properties Natural and Explanatorily Powerful, Marc Lange 11. Laws and their Exceptions, Stephen Mumford 12. Are laws of nature consistent with contingency?, Nancy Cartwright and Pedro Merlussi. (shrink)

Quantum gravity’s suggestion that spacetime may be emergent and so only exist contingently would force a radical reconception of extant analyses of laws of nature. Humeanism presupposes a spatiotemporal mosaic of particular matters of fact on which laws supervene; primitivism and dispositionalism conceive of the action of primitive laws or of dispositions as a process of ‘nomic production’ unfolding over time. We show how the Humean supervenience basis of non-modal facts and primitivist or dispositionalist accounts of (...) nomic production can be reconceived, avoiding a reliance on fundamental spacetime. However, it is unclear that naturalistic forms of Humeanism can maintain their commitment to there being no necessary connections among distinct entities. Furthermore, non-temporal conceptions of production render this central concept more elusive than before. In fact, the challenges run so deep that the survival of the investigated analyses into the era of quantum gravity is questionable. (shrink)

A key question in comparative law is why different legal systems provide different legal solutions for the same problem. To answer this question, we use novel comparative evidence on how the conflict between the dispossessed original owner and the bona fide purchaser of a stolen good is resolved in different countries. This is the most primitive manifestation of a fundamental legal choice: the balance between the protection of the owner’s property rights and the enhancement of the buyer’s reliance on (...) contracts. We test four prominent theories: functional equivalence, legal origins, political economics and cultural economics. We find that a culture of self-reliance is the key determinant of comparative variation in this area of law. (shrink)

In this paper I argue that the rationality of law and legal decision making would be enhanced by a systematic attempt to recognize and respond to the implications of empirical uncertainty for policy making and decision making. Admission of uncertainty about the accuracy of facts and the validity of assumptions relied on to make inferences of fact is commonly avoided in law because it raises the spectre of paralysis of the capacity to decide issues authoritatively. The roots of this short-sighted (...) view are found in primitive mechanical models of relationships in the empirical and social world – those of objective causality and determinism. Insofar as it is believed that if we had sufficient data a clear and unequivocal answer would be available to each question, admission of uncertainty is seen as a sign of insufficiency, incompetence, impotence, and is avoided whenever a decision that must be seen to be based on valid reasons, cannot be avoided. Avoidance of some decisions, duplicity in others, is the result. -/- Decision-making must be restructured to recognize the provisional and context-bound validity and relevance of the models we use to conceptualize and order our understanding of phenomena, and to utilize this awareness as an instrument in the production of legal policies and decisions that will be authoritative precisely because they are honestly accurate and socially responsible. The paper makes a start on such a re-structuring of the legal process by exploring the implications of the observation that if law is to be “just”: 1) legal policy must be based on accurate information and rationally related to social goals; and 2) decisions applying policy to individual fact situations must be based on assumptions that are both relevant and accurate. -/- Reasons for determinations of fact must be given, otherwise the presumption that the trier of fact is “reasonable” is an unconditional licence to use private modes of logic and theories of social and natural science. What is not disclosed cannot be challenged on grounds of invalidity or irrelevance. -/- Use of “objective validity” as a standard to evaluate conclusions made by the trier of fact in contentious cases would only serve to beg all important questions by concealing: 1) fundamental normative conflict, and 2) the limited nature and applicability of many validity claims. -/- Our use of the phrases “undue risk,” “public interest,” “reasonable,” and “necessary,” reflects the weight we choose to give conflicting social values and goals when we must make decisions in relative ignorance of all the consequences. “Objective criteria” are of limited utility in legal decision-making because their social meaning is derivative. Policy generation in the absence of any coherent conceptual-normative framework, use of vague terminology in legislation stating policy, and the absence of rational means to distinguish between individual cases to which decision-makers are required by law to apply policy, make it inevitable that many legal “decisions” made in the guise of determinations of objective fact, are charades, an arbitrary, capricious, intuitive, subjective (and thus private) use of public decision-making power. -/- Law must alter its aspirations and recognize that rational decision-making is a process that can occur only within parameters set by present knowledge and societal preference structures. Only by working with the constraints imposed by these parameters is it possible to achieve “just” decisions. Where no rational basis for differentiating cases exists, “individualized justice” must be avoided and public policy articulated in law applied uniformly to all cases in a class. The terms “reasonable” and “necessary,” used to describe policy and its consequences for specific cases, must be understood to represent provisional societal assessments, attempts to implement societal preference structures in the face of limited knowledge. Heightened awareness of the limited nature of our knowledge can only result in legal policies that have a more explicit normative basis. -/- The volume is is published with an introduction by Michael D. Bayles. It is available in hardback, paperback, and as an ebook. (shrink)

How do non-Humean laws govern regularities in nature? According to the Inference Problem, non-Humean accounts of governing face a central problem: it is not clear how such laws do perform their governing function. Recently, Jonathan Schaffer has argued that the introduction of a law-to-regularity axiom is sufficient to solve the Inference Problem. The authors argue that Schaffer’s solution faces a devastating dilemma: either the required axiom cannot, on its own, differentiate the non-Humean account from a Humean account of (...) laws or, if more content is added to the primitive governing posit, it should be shown how and why the ‘outfitted’ posit obtains in the world. Furthermore, the authors show that those cases that Schaffer presents to motivate his approach are not analogous to the case of lawhood and so they cannot provide justification for his axiomatic solution. (shrink)

In the 1980s, a number of philosophers argued that perception is analog. In the ensuing years, these arguments were forcefully criticized, leaving the thesis in doubt. This paper draws on Weber’s Law, a well-entrenched finding from psychophysics, to advance a new argument that perception is analog. This new argument is an adaptation of an argument that cognitive scientists have leveraged in support of the contention that primitive numerical representations are analog. But the argument here is extended to the representation (...) of non-numerical magnitudes, such as luminance and distance, and shown to apply to perception and not just cognition. The relevant sense of ‘analog’ is also clarified, and two powerful objections are addressed. Finally, the question whether perception’s analog vehicles are located in conscious experience is explored and related to a well-known controversy within psychophysics. (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)

Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America's most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law.Martha Nussbaum argues that we should be wary of these emotions because they are associated (...) in troubling ways with a desire to hide from our humanity, embodying an unrealistic and sometimes pathological wish to be invulnerable. Nussbaum argues that the thought-content of disgust embodies "magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it." She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls "primitive shame," a shame "at the very fact of human imperfection," and she is harshly critical of the role that such shame plays in certain punishments.Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy. (shrink)

In this paper I review three different positions on the wave function, namely: nomological realism, dispositionalism, and configuration space realism by regarding as essential their capacity to account for the world of our experience. I conclude that the first two positions are committed to regard the wave function as an abstract entity. The third position will be shown to be a merely speculative attempt to derive a primitive ontology from a reified mathematical space. Without entering any discussion about nominalism, (...) I conclude that an elimination of abstract entities from one’s ontology commits one to instrumentalism about the wave function, a position that therefore is not as unmotivated as it has seemed to be to many philosophers. (shrink)

The view that takes laws of nature to be essentially nothing more than descriptions of facts is still rather popular. The present article, on the contrary, defends the claim that the only real motivation for defending a descriptive view of laws—the quest for ontological parsimony—entails too high a price to pay in philosophical terms. It is argued that nomic primitivism, namely the alternative option that takes laws to be primitive fundamental entities in our ontology, is decisively (...) more appealing, since it is the crucial role assigned to laws that makes a scientific theory of natural phenomena a system rather than a list. Finally, the implications that nomic primitivism might have for the issue of the status of the wave function in that particular formulation of quantum mechanics known as Bohmian mechanics are considered. (shrink)

Moral obligation and permissibility are usually thought to be interdefinable. Following the pattern of the duality definitions of necessity and possibility, we have that something’s being permissible could be defined as its not being obligatory to not do it. And that something’s being obligatory could be defined as its not being permissible to not do it. In this paper, I argue that neither direction of this alleged interdefinability works. Roughly, the problem is that a claim that some act is obligatory (...) or permissible entails that there is a moral law, whereas a negative claim that some act is not obligatory or not permissible does not. Nevertheless, one direction of the interdefinability can potentially be salvaged. I argue that, if we do not require the conceptual possibility of moral dilemmas, then there is a way to plausibly define obligation in terms of permissibility. I conclude that permissibility is the only feasible deontic primitive. (shrink)

In recent work, Adlam (2022b), Chen & Goldstein (2022), and Meacham (2023) have defended accounts of laws that take laws to be primitive global constraints. A major advantage of these accounts is that they’re able to accommodate the many different kinds of laws that appear in physical theories. In this paper I’ll present these three accounts, highlight their distinguishing features, and note some key differences that might lead one to favor one of these accounts over the (...) others. I’ll conclude by briefly discussing a version of a “constraint” account that I think is especially attractive. (shrink)

The paper develops a unified account of both deterministic and indeterministic laws of nature which inherits the merits but not the defects of the best existing accounts. As in Armstrong's account, laws are embodied in facts about universals; but not in higher‐order relations between them, and the necessity of laws is not primitive but results from their containing chances of 0 or 1. As in the Ramsey‐Lewis account, law statements would be the general axioms and theorems (...) of the simplest deductive theory of everything; but because laws are not so defined, simplicity of statement is not a criterion of law‐hood. (shrink)

In this chapter we examine the relation between mechanisms and laws/counterfactuals by revisiting the main notions of mechanism found in the literature. We distinguish between two different conceptions of ‘mechanism’: mechanisms-of underlie or constitute a causal process; mechanisms-for are complex systems that function so as to produce a certain behavior. According to some mechanists, a mechanism fulfills both of these roles simultaneously. The main argument of the chapter is that there is an asymmetrical dependence between both kinds of mechanisms (...) and laws/counterfactuals: while some laws and counterfactuals must be taken as primitive (non-mechanistic) facts of the world, all mechanisms depend on laws/counterfactuals. (shrink)

This paper presents a new language for isomorphic representations of legalknowledge in feature structures. The language includes predefinedstructures based on situation theory for common-sense categories, andpredefined structures based on Van Kralingens frame-based conceptualmodelling language for legal rules. It is shown that the flexibility of thefeature-structure formalism can exploited to allow for structure-preservingrepresentations of non-primitive concepts, and to enable various types ofinteraction and cross- reference between language elements. A fragment of theDutch Opium Act is used to illustrate how modelling and (...) reasoning proceed in practice. (shrink)

The word “organism” represents an original keyword of the early-modern philosophical world. As it was first developed by Leibniz, it seems to blend together two different conceptual paradigms: the Cartesian model of the “machines” and the Aristotelian legacy of the “individual natures”. According to the first, nature represents itself the prototype of any good mechanical functioning, but at the same time its inner development is explained by the occurrence of a normative dimension that rules the world of primitive forces (...) in the dynamics. For such reasons, the “organism” lexicon is affected by an internal stress that is extremely interesting to analyze for it seems to posit a normative turn acting from the within of a mechanically conceived notion of life. (shrink)

Over the past 50 years, there has been a great deal of philosophical interest in laws of nature, perhaps because of the essential role that laws play in the formulation of, and proposed solutions to, a number of perennial philosophical problems. For example, many have thought that a satisfactory account of laws could be used to resolve thorny issues concerning explanation, causation, free-will, probability, and counterfactual truth. Moreover, interest in laws of nature is not constrained to (...) metaphysics or philosophy of science; claims about laws play essential roles in areas as diverse as the philosophy of religion (e.g., in the argument from design) and the philosophy of mind (e.g., in the formulation of Davidson’s anomalous monism). In my dissertation, I consider and reject the widely-held thesis that the facts concerning laws can be reduced to the facts concerning the particular entities that the laws “govern,” and that the laws thus have no independent existence. I instead defend a version of nomic primitivism, according to which the facts about laws cannot be reduced to facts that are themselves non-nomic – i.e., to facts that do not fundamentally involve laws, counterfactuals, causes, etc. Insofar as the truth or falsity of reductionism about laws has implications for many of the problems mentioned above, I think that this result should be of interest even to those who who do not work in metaphysics or the philosophy of science. My methodology, which I lay out and defend in Chapter One, is a version of Carnapian explication. This method emphasizes the importance of articulating and maintaining clear distinctions between (1) the vague concept (or concepts) law of nature inherent in ordinary language and scientific practice and (2) the precise analyses of “law of nature” that philosophers have proposed as potential replacements for this concept. I argue that metaphysics-as-explication has clear advantages over rival conceptions of metaphysical methodology; in particular, it allows us to formulate evaluative criteria for metaphysical claims. In Chapter Two, I offer an example of how careful attention to concepts already in use can help resolve philosophical debate. Specifically, I argue that much recent literature has mistakenly assumed that there is only one concept of “law of nature” in use, while there are in fact at least two. Strong laws are the principles pursued by fundamental physics: they are true, objective, and bear distinctive relationships to counterfactuals and explanation. Weak laws, by contrast, lack at least one of these distinctive characteristics but play central roles in both the “special sciences” and in everyday life. In Chapters Three and Four, I offer extended arguments against the two most prominent versions of reductionism about laws – Humeanism and law necessitarianism. According to philosophical Humeans, the laws of nature supervene upon the non-modal, non-nomic facts concerning the behavior of particular things at particular times and places. Law necessitarians, by contrast, argue that the laws are in fact metaphysically necessary, and that which laws there are is determined by a class of primitive, modally loaded facts concerning the essences, natures, or dispositions. I argue that both of these views are mistaken insofar as they disagree with well-entrenched scientific practices and those in favor of reductionism have failed to provided sufficient reason for thinking that these practices should be revised. Much of my argument is focused on the role played by a number of supposed methodological principles, including appeals to intuition, parsimony, and methodological naturalism. While the conclusions of this dissertation are explicitly constrained to laws, many of the arguments should be of interest to those who are concerned about philosophical methodology (especially in the role of intuition in philosophical argument) or the appropriate relation between metaphysics, science, and the philosophy of science. (shrink)

This book explores from selected semioticians' international and cross-cultural viewpoints, the changing concepts of custom and community. The idea of the 'primitive' as a complex social system is explored in the context of recent studies of comparative law. The range of focus is from Lockean majority-rule to aboriginal self-determination, and includes a new look at waning ideologies such as the -old- feminism, Critical Legal Studies, and postmodernisms. Pragmatism is reinterpreted and reviewed with fresh eyes.".

Do the laws of nature supervene on ordinary, non-nomic matters of fact? Lange's criticism of Humean supervenience (HS) plays a key role in his account of natural laws. Though we are sympathetic to his account, we remain unconvinced by his criticism. We focus on his thought experiment involving a world containing nothing but a lone proton and argue that it does not cast sufficient doubt on HS. In addition, we express some concern about locating the lawmakers in an (...) ontology of primitive subjunctive facts and suggest that a 'mixed' metaphysics to the lawmaker question might be attractive. (shrink)

Problem solving by autonomous, interacting computersystems has attracted much attention in the ArtificialIntelligence community. These autonomous computersystems, called agents, provide a promisingperspective for the legal knowledge-based systemscommunity, as legal problem solving often involvesdistributed problem solving capabilities that gobeyond the capabilities of individual knowledge-basedsystems.We focus on the coordination of agents andcommunication between agents by proposing a model ofcommunication between various agents using modellingtechniques such as communication primitives and statetransition diagrams. Our representation concerns theDutch Algemene Wet Bestuursrecht (AWB; GeneralAct on Administrative Law). (...) A proposal for an agentarchitecture describes how these communication aspectscan be incorporated into an architecture. (shrink)

The continuing existence and operation of the traditional law of Aboriginal and Torres Strait Islander peoples has – relatively recently – been explicitly acknowledged in Australian law. In emerging case law on the subject, the High Court of Australia has confirmed the common law recognition of the survival of Indigenous Australian law. However, in determining what it is that is recognized by the common law – in interpreting Indigenous Australian ‘traditional laws and customs’ – the High Court has disregarded (...) the knowledge reposed in those with authority or expertise in Indigenous Australian law, relying instead upon concepts and assumptions from the jurisprudence of English legal philosopher, HLA Hart. The influence of Hart’s theory in the Australian High Court’s interpretation of Indigenous Australian ‘traditional laws and customs’ is problematic, because it contains an obvious pre-legal–legal dualism reminiscent of the ‘state of nature’ – ‘civil society’ mechanism that was instrumental in the application of terra nullius to Australia. At the heart of The Concept of Law lies the notion of progression from a ‘primitive community’ with only primary rules, to an advanced legal system with a combination of both primary and secondary rules. In this article, I investigate how Indigenous Australians are positioned in relation to Hart’s pre-legal–legal dualism. I examine the ‘primitive’, pre-legal society in The Concept of Law, and its counterpart, the advanced legal system, to analyze the position of Indigenous Australian societies and law in Hart’s scheme. Finally, I analyze the construction of the dualism and consider its impact on the High Court’s interpretation of Indigenous Australian ‘traditional laws and customs’. (shrink)

"What is a military aircraft? John Law shows in his beautiful analysis that it is a constant oscillation between multiplicity and singularity.

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)

In his Apology of the Church of England as well as many of his other works, John Jewel defended the orthodoxy of the Elizabethan Church on the basis of the following criteria: Scripture, the first four general councils, the writings of the Church Fathers, and the example of the primitive church.1 By emphasizing these authorities, the bishop of Salisbury also sought to impeach the Roman Church’s claim to orthodoxy by arguing that doctrines and practices which developed subsequently to the (...) early church as defined by these criteria contradict them, thereby nullifying its charge of heresy against Protestants while simultaneously indicting the papacy itself as heretical. A question that emerges from studying Jewel’s prodigious polemical works concerns the source of this means of determining orthodoxy. Answering this question requires a close analysis of the apologist’s use of sources. This article will attempt to answer this question by arguing that this criteria for defining orthodoxy derived mainly from canon law tradition that is confirmed specifically by Gratian’s Decretum. This thesis maintains that Jewel’s criteria constituted a form of the ius antiqua with which he attacked the ius novum that provided the authoritative basis for papal supremacy, and in so doing, sought to vindicate the Elizabethan Church’s place in ancient catholic tradition. (shrink)

This paper develops an account of the metaphysics of fundamental laws I call “the Package Deal Account ” that is a descendent of Lewis’ BSA but differs from it in a number of significant ways. It also rejects some elements of the metaphysics in which Lewis develops his BSA. First, Lewis proposed a metaphysical thesis about fundamental properties he calls “Humean Supervenience” according to which all fundamental properties are instantiated by points or point sized individuals and the only fundamental (...) relations are geometrical spatial and temporal relations between these. While the BSA does not require HS Lewis seems to hope that it is true. In contrast, the PDA is not committed to HS or even to the fundamental arena in which fundamental properties are instantiated possessing geometrical structure and thus is able to accommodate relations and structures found in contemporary physics that apparently conflict with HS. Second, although Lewis’ BSA doesn’t require HS his Humeanism does require that fundamental properties are categorical. In contrast, the PDA allows for the possibility that fundamental properties are individuated in terms of laws and so are not categorical. Third, the PDA expands and develops the criteria for what counts in favor of a candidate system with more attention to the criteria employed by physicists in evaluating proposed theories. Fourth and most importantly, unlike Lewis’ BSA, the PDA does not presuppose metaphysically primitive elite properties/quantities that Lewis calls “perfectly natural” properties/quantities or presuppose a metaphysically preferred language whose terms denote such properties/quantities. It replaces Lewis’ account with an account on which natural properties are not metaphysically prior to the laws but are elements of a package that includes a fundamental arena that plays the role of space-time as well as fundamental laws and properties. By doing so it responds to some epistemological and metaphysical issues that have been raised regarding natural properties and their role in the BSA. In sum, the PDA goes further in explicating the notion of laws in terms of the aims and practices of science especially fundamental physics rather than in terms of prior metaphysics. I begin by reviewing Lewis’ account of perfectly natural properties and his Humean BSA of laws. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Matter and Mathematics: An Essentialist Account of the Laws of Nature by Andrew YOUNANDominic V. CassellaYOUNAN, Andrew. Matter and Mathematics: An Essentialist Account of the Laws of Nature. Washington, D.C.: The Catholic University of America Press, 2023. xii + 228 pp. Cloth, $75.00Andrew Younan’s work situates itself between two opposing philosophical accounts of the laws of nature. In one corner, there are the Humeans (or (...) Nominalists); in the other, the Anti-Humeans (or Platonists). The goal of the book is to find an explanation for the orderliness of the natural world that avoids falling into the difficulties of the two opposing philosophies. For example, the Humeans treat “events” as fundamental, and the laws of nature follow from these “events.” For the Humeans, reality is essentially random, with any order being something of our own contrivance. Whereas for the Anti-Humeans, the laws of nature are fundamental and are treated as causing events, turning the effect of necessity into the cause of material [End Page 166] characteristics. Looking to Aristotle and Thomas Aquinas, Younan proposes the recovery of a third option, the Essentialist position. This Essentialist position understands substances, that is, individual beings, as fundamental and all else (for example, events and laws of nature) follow from these individual beings. The thesis of the book, generally understood, is that Essentialism evades the critiques that the Humeans and Anti-Humeans put against one another while retaining what is right in each approach.The book is divided into two parts. The book’s first part deals with general objections and replies and is divided into three chapters. Chapters 1 and 2 address the two opposing accounts of nature mentioned, while chapter 3 argues for the benefits of recovering an Essentialist position. Chapter 1 examines the objection that Aristotelian natural philosophy is incompatible with modern science, an objection raised by Descartes. Chapter 2 addresses the objections of the Humeans, namely, that natural philosophy and, with it, causality and induction have been debunked. Chapter 3 looks at the fathers of quantum theory, specifically Heisenberg, and argues that a return to Aristotle’s understanding of nature would benefit the modern scientific project. The book’s second part is an argument for the Essentialist position and is divided into three chapters. Chapters 4 and 5 are the foundation for chapter 6. Chapter 4 is an abstractive account of mathematics, differing from Descartes and his conceptions, which draws on the texts of Aristotle and Aquinas’s Division and Methods. Chapter 5 situates necessity and its role in Aristotelian natural philosophy. Chapter 6 is the author’s attempt at defining what it is to be a law of nature.Younan argues that adopting an essentialist understanding of nature in a system where all knowledge begins in the senses has three significant “payoffs.” The first is that it avoids governance language, that is, it avoids making laws themselves causes of necessity; the second is that it avoids the assertion of a priori knowledge; the third is that it understands individual things as the fundamental primitives in nature, restoring the substance to its proper place as the thing that “stands under” accidental being.The book is concluded with an appendix that explores and rearticulates Thomas Aquinas’s fifth way under the consideration of everything the author had argued for in the book’s main text. Taking as established by the rest of the book that necessity and teleology go hand in hand, Younan argues for a creator God who establishes a universe freely but within certain parameters that follow upon being itself. Younan concludes, with Thomas Aquinas, that laws of nature are “ordinances of reason” that must come from a rational mind. To be as consistent as they are, the laws of nature must be promulgated by God, and they are discoverable within the nature of matter itself.Younan’s book often engages its interlocutors on the big-picture scale, frequently giving generalizations and not going into details to avoid getting bogged down in the weeds. The author is very aware of what he is doing. [End Page 167] It is appropriate since engaging the multiheaded hydra of the schools of thought that Younan... (shrink)

The paper has three parts. In the first part ExtOSR, an extended version of Ontic Structural Realism, will be introduced. ExtOSR considers structural properties as ontological primitives, where structural properties are understood as comprising both relational and structurally derived intrinsic properties or structure invariants. It is argued that ExtOSR is best suited to accommodate gauge symmetry invariants and zero value properties. In the second part, ExtOSR will be given a Humean shape by considering structures as categorical and global. It will (...) be laid out how such structures serve to reconstruct non-essential structural kinds and laws. In the third part Humean structural realism will be defended against the threat of quidditism. (shrink)

The Scottish historical novelist, John Galt assumed that the origins of law rested on the anarchistic and primitive nature of human beings, who formed a society on a contractual basis out of the need for security. Although generally agreeing with enlightenment thinkers on the formation of society, law and human nature a divergence in Galt's thought appeared in the secular treatment of crimes. Adhering to prevalent Christian notions about sin and crime, Galt rejected a clear distinction between the two, (...) and between morality and law, such as were upheld by such enlightenment figures as Cesare Beccaria. Such a clear distinction failed in its analysis of the phenomena. He was at one with Enlightenment-influenced thought in its criticism of cruel punishments and advocated a humanitarian approach to the criminal, but he also emphasised education in Christian morality as the most appropriate means of deterrence. This divergence from more radical enlightenment views sprang from his lack of confidence in the capacities of human reason. Nevertheless, a fundamentally humanist philosophy and a belief in the importance of learning linked his conservatism with an enlightenment belief in human progress. (shrink)

This book discusses the legal thought of Bronislaw Malinowski (1884-1942), undoubtedly one of the titans of social sciences who greatly influenced not only the shape of modern cultural anthropology but also the social sciences as a whole. This is the first comprehensive work to focus on his legal conceptions: while much has been written about his views on language, magic, religion, and culture, his views on law have not been fairly reconstructed or recapitulated. A glance at the existing literature illustrates (...) how little has been written about Malinowski's understanding of law, especially in the legal sciences. This becomes even more evident given the fact that Malinowski devoted much of his scholarly work to studying law, especially in the last period of his life, during which he conducted broad research on law and "primitive jurisprudence". The main aim of this book is to address this gap and to present in detail Malinowski's thoughts on law. This book is divided into two parts. Part I focuses largely on the impact that works of two distinguished professors from his alma mater (L. Dargun and S. Estreicher) had on Malinowski's legal thoughts, while Part II reconstructs Malinowski's inclusive, broad and multidimensional understanding of law and provides new readings of his legal conceptions mainly from the perspective of reciprocity. The book offers a fresh look at his views on law, paving the way for further studies on legal issues inspired by his methodological and theoretical achievements. Malinowski's understanding of law provides a wealth of fodder from which to formulate interesting research questions and a solid foundation for developing theories that more accurately describe and explain how law functions, based on new findings in the social and natural sciences. (shrink)

The so-called Principle of Plenitude was ascribed to Leibniz by A. O. Lovejoy in The Great Chain of Being: A Study of the History of an Idea. Its temporal version states that what holds always, holds necessarily. This temporal formulation is the subject of the current paper. Lovejoy’s idea was criticised by Hintikka. The latter supported his criticisms by referring to specific Leibnizian notions of absolute and hypothetical necessities interpreted in a possible-worlds semantics. In the paper, Hintikka’s interpretative suggestions are (...) developed and enriched with a temporal component that is present in the characteristics of the real world given by Leibniz. We use in our approach the Leibnizian idea that change is primary to time and the idea that there are possible laws that characterize worlds other than the real one. We formulate a modal propositional logic with three primitive operators for change, temporal constancy, and possible lawlikeness. We give its axiomatics and show that our logic is complete with respect to the given semantics of possible worlds. Finally, we show that the counterparts of the considered versions of the Principle of Plenitude are falsified in this semantics and the same applies to the counterpart of Leibnizian necessarianism. (shrink)

Humean interpretations claim that laws of nature merely summarize events. Non-Humean interpretations claim that laws force events to occur in certain patterns. First, I show that the Lewis/Ramsey account of lawhood, which claims that laws are axioms or theorems of the simplest strongest summary of events, provides the best Humean interpretation of laws. The strongest non-Humean account, the scientific essentialist position, grounds laws of nature in essential non-reducible dispositional properties held by natural kinds. The scientific (...) essentialist account entails that laws are a posteriori necessary truths. After showing that these are the best Humean and non-Humean accounts, I demonstrate that the Lewis/Ramsey account is better equipped for interpreting dispositions and counterfactuals. One distinction between the two accounts is whether counterfactuals, whose antecedents are physically possible, sometimes require closest worlds with different laws than the laws of the base world. On the Lewis/Ramsey account non-legal worlds will be necessary. If laws are merely summaries of events that occur then a world where the events are drastically different will often have different laws. The scientific essentialist, however, must demand that laws are the same in counterfactual reasoning because she grounds counterfactual reasoning in the essential dispositional properties of natural kinds. Recently, problems have developed for counterfactual analysis of dispositions due to finkish dispositions, mimicked dispositions, and masked dispositions. These difficulties have led some to abandon reductive accounts of dispositions. Doing so makes positions like scientific essentialism tenable. Yet, while scientific essentialism demands that dispositional properties cannot be reduced to categorical properties, the Humean has the opposite commitment. If dispositional properties are primitives in our ontology, then there is a stronger tie between events than Humeans admit. So, another major disagreement between these accounts is whether dispositions can be reduced. After examining why many attempts at reducing dispositions have failed, I offer one suggestion of how to reduce dispositions and demonstrate that keeping dispositional properties as primitives in our ontology is worse than the solution I offer. (shrink)

A collection of short popular essays, primarily moral, in a vivid and often rather angry style. Includes thoughts on evolution, law and society, and a final chapter of epigrams.--E. T.

Prominent theories of the criminal law borrow heavily from the two leading theories of temptation—the evaluative conception of temptation, which conceives emotion and desire as essentially involving a kind of evaluation, and the mechanistic conception of temptation, which conceives emotion and desire as essentially involving felt motivation. As I explain, both conceptions of temptation are inconsistent with the possibility of akratic action, that is, action contrary to a person’s conscious better judgment. Both are inconsistent with the possibility of akratic action (...) because both are covertly inconsistent with a two-fold psychological assumption that undergirds common beliefs about human action and lies at the heart of the law of criminal responsibility: that resisting a powerful temptation is extremely difficult yet not ordinarily impossible. I reveal these inconsistencies and offer in place of the leading theories of temptation a theory of affective desire as primitive psychic attraction, an elemental psychological state typically accompanied by evaluation and motivation but not reducible to either one. I then show how this theory of desire is consistent with the possibility of akratic action, with the two-fold psychological assumption at the heart of the law of criminal responsibility, and, in particular, with the defense of provocation. (shrink)