Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

Search


Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

jr_114_9780195367195_bnr

jr_114_9780195383768_bnr

advertise-here4


FC-CO(SS)

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • Joe Miller on Unfriending, an experiment

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • TJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Christa on Must Law Practice and Scholarship be Exciting?

    • AYY on Privacy and Tattletales

    • Lsat Prep on Improving the US News Rankings: A Wish List

    • Lsat Prep on Fantasy Law School League

    • Legal Fact Finder on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Observer on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci and Briscoe as Disparate Impact Cases

    • Mike Rich on Negligent Corpse Mishandling

    • anon on Privacy and Tattletales

    • orly lobel on At CELS, Hoping to Blog

    • harry brooks on Ricci: Color-Blind Standards in a Race Conscious Society?

  •  

    Site Meter

Reprise of Son of “Hume v. Kant” Redux Again

posted by Jeffrey Lipshaw

Pardon my redundancy, but some debates just aren’t going to go away. Dennis Overbye, the very fine science writer for the New York Times, has an article/essay today that once again poses the essential Kantian-Humean issue – is there a priori knowledge by which we order sensory data (Kant) or is what we presume to know of the universe’s regularities merely a conclusion we reach by induction from all the past regularities (Hume)? Here’s a taste:

Paul Davies, a cosmologist at Arizona State University and author of popular science books. . .asserted in [a New York Times op-ed piece] that science, not unlike religion, rested on faith, not in God but in the idea of an orderly universe. Without that presumption a scientist could not function. His argument provoked an avalanche of blog commentary, articles on Edge.org and letter to the Times, pointing out that the order we perceive in nature has been explored and tested for more than 2,000 years by observation and examination. That order is precisely the hypothesis that the scientific enterprise is engaged in testing.

I think the latter view (i.e. the Humean view) simply ignores too many unresolvable questions and paradoxes, like whence come scientific hypotheses, and the relationship of the scientific hypothesis to categories, analogies, and metaphors, but I also recognize that you don’t have to engage in meta-thinking about hypotheses to come up with hypotheses. Apropos of this is another quote in the article, this one attributed to Richard Feynman: “Philosophy of science is about as useful to scientists as ornithology is to birds.”

I have been thinking about that quote this morning and trying to decide if philosophy of law or jurisprudence is about as useful to lawyers as ornithology is to birds. Is it a good analogy for either scientists or lawyers? We start with the relationship of the two concepts in the source which are linked by “usefulness”: ornithology is the science concerned with the classification and the properties and vital phenomena of birds; is it ornithology not useful to birds because they are incapable of thinking about ornithology, or because ornithology wouldn’t help them flourish as birds even if they could think about it? I think the former is the primary characteristic of birds, and I am hoping it’s the latter Feynman (if in fact he’s the author) wanted to imply about the primary characteristic of scientists as the target of the analogy.

To flip it around, suppose I said ornithology is about as useful to birds as physiology and anatomy are to human beings. That can’t be right, because physiology and anatomy are important to human beings. And I do think there are ethics of science and ethics of law that are part of meta-reflection about those disciplines, even for pure doers, that go beyond being birdbrained.

I guess my main problem with pure empiricism and pure pragmatism is that they give a great big shrug to the paradoxes and inconsistencies, probably because they are, for many people, too disturbing to consider. And to judge by a number of my family members, who roll their eyes and head for their iPods when I bring up these subjects, they are probably happier for it!


 December 18, 2007 at 10:31 am   Posted in: Philosophy of Social Science   Print This Post Print This Post

Responses (1)

  1. A.J. Sutter - December 20, 2007 at 10:59 am

    I was struck by that quote too, and it sounded wrong-headed. I don’t know if it’s genuine, but it faithfully reflects a cocky attitude that was common in science and science education in recent decades. Some background for this is described in Lee Smolin’s “The Trouble with Physics.” My quantum mech prof, ca. 1973, told me that scientists in the 1920s worried about philosophical issues because “the theory was new and they didn’t understand it, but now we understand it very well,” so such worries are superfluous. There’s a Feynman quote that puts the lie to that too — as if one needed such big guns to recognize the silliness of that remark.

    Fact is, folks like Einstein, Bohr and many others were quite conversant with Kant, Hume et al. and worried about the implications of those arguments for their physical theories. Similarly, in biology until recently many of the practitioners of philosophy of biology have been field biologists, not philosophers (e.g., E. Mayr and S.J. Gould, and, of course, Darwin). Recently, though, big chunks of philosophy of science have become professionalized and compartmentalized, and the citation lists have become orthogonal (scientists citing to scientists and philosophers to philosophers). I don’t think Feynman was referring to that tendency, but considering his quote in that light (and allowing a little poetic license about the self-reflective abilities of birds) I’d agree with him. I.e., in principle, philosophy of science (or whatever) might be useful, but as practiced, not really. Kind of like the relation between practicing lawyers and (typical) law academics.

Leave a Reply

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Click to hear an audio file of the anti-spam word


  • « Previous post
  • Next post »

Authors

Daniel J. Solove

Website
Understanding Privacy

Kaimipono Wenger

Website
SSRN Page

Dave Hoffman

Website
SSRN Page

Nate Oman

Website
SSRN Page

Frank Pasquale

Website
SSRN Page

Deven Desai

Website
SSRN Page

Danielle Citron

Website
SSRN Page

Lawrence Cunningham

Website
SSRN Page

Sarah Waldeck

Website
SSRN Page

Jaya Ramji-Nogales

Website
SSRN Page

Solangel Maldonado

Website
SSRN Page

Gerard Magliocca

Website
SSRN Page


Guests

Rachel Godsil
Alex Kreit
Anita Krishnakumar
Matthew Sag
Michael Zimmer






Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Francesca Bignami
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Robert Hillman
Christine Hurt
Darian Ibrahim
John Ip
Kevin Johnson
Dan Kahan
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Sarah Waldeck
Melissa Waters
Alfred Yen
David Zaring
Timothy Zick
Spencer Weber Waller
Howard Wasserman
Frank Wu
Corey Yung
Jonathan Zittrain

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress