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					Philosophical Ideas
                   Philosophical Terms


Some terminology
-- I need to acquaint you with a way of talking. Pay attention to
the way I use these words.
 Positivism
-- only the formally enacted rules. (including court precedents)
-- only what the legal text says.
-- e.g., your syllabus
                   Philosophical Terms


Some terminology

 “Natural Law”

-- is a sloppy or poetic way of saying “extra-textual authority”
-- something that justifies BEYOND or OUTSIDE of the formally
articulated rules
-- everything that I listed in those red boxes (in the other slides)
is an example of appealing to “natural law” (extra-textual
authority)
-- e.g., your syllabus

  Semantic Point: Positivism v. Normativism
                  Philosophical Terms


 Epistemology

-- fancy term for saying, “what constitutes knowledge?” Or,
what is knowledge?
-- Another way of saying it: what is justification, and how much
do you need of it to “know” something

          Legal          -- when is a legal decision “correct” or
      Epistemology       justified

     Philosophy of Law         Jurisprudence
           Philosophical Terms


Paradigm
                     Question:
                What is a “paradigm”
What is a
paradigm
            0
            0
            0
                   Philosophical Terms


Paradigm

-- fancy term for saying, “justific context”
-- example, in dietetics:
          Adkins              Food             Glycemic
         Paradigm            Pyramid           Paradigm
                            (conventional
                            Paradigm)

       all carbs are                            only some carbs
                            1 serving from
       bad; fat &                               are bad: avoid
                            all four food
       protein won’t                            high-glycemic
                            groups
       hurt you                                 carbs
           Philosophical Terms


A priori
                     Question:
               Anyone know what this
                   idea means?
A Priori
           0
           0
           0
                     Philosophical Terms


  A priori
-- in the sense that we are interested, it means …
    (a) a premise we assert in an argument
    (b) that is foundational (the argument rests upon it)
    (c) and that is deployed as being true by default.
         “fiat”   (debating term)

 Example:         -- The Court should follow God’s law, because
                  God exists.    “religious a-priori


another way of saying it: The foundation must be taken as true
              Philosophical Terms


Metaphysics
                         Question:
                    What does this word
                          mean?
Metaphysics?
               0
               0
               0
                   Philosophical Terms


 Metaphysics
 -- in the sense that we are interested, it means …
     (a) something beyond physics, science, the material world

        magic      wizardry      Karma       Voodoo

          souls

-- something outside of the reach of physics or science, but can
be spoken of or wielded in the real world, depending upon the
attitudes of the person using the ideas.

   horoscopes       -- if you read and believe horoscopes, you
                    are practicing metaphysics

				
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posted:1/21/2011
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