16 by Wittgenstein

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									          Today’s Lecture:




              Structuralism




Session


 16
                      Structuralism


Introduction
-- of all the theories that exist, structuralism is, I think, the best
-- that is the reason why I have saved it for last
-- As far as I know, the word “structuralism” is not generally
used. I’m the only person I know of who uses it.
-- It’s a perfect term, however, to refer to various views that
have been espoused by
    • Ronald Dworkin
    • “Neoinstitutionalists” in political science
    • philosophers such as Kant, Plato/Socrates, Karl Popper
    and others who emphasize a role for rationality in judgment
                     Structuralism


Karl Popper
-- To understand the role that concepts, truth and desire have
in epistemology, let’s borrow something from Karl Popper.
-- Popper was famous for creating the following idea in
philosophy of science:
   • verification is not what is central to science; falsification is
-- The basic implication of this idea:
   • we know negatives better than we do positives
   • we know what is false more than we know what is true
   • we know what is wrong more than we know what is right
                     Structuralism


Karl Popper
-- The basic implication of this idea:
   • we know negatives better than we do positives
   • we know what is false more than we know what is true
   • we know what is wrong more than we know what is right
   • we know what we don’t want more than what we want
    Negation is where we maximize certainty!

    Negation is the central thing that “thinking” does!
                     Structuralism


 Taking issues off the table
-- What rationality does, therefore, is it takes bad options off the
table. That is all it was ever supposed to do.
-- You figure out which options are false or wrong, and then
your choices are narrowed for you. Rationality can do no more
than this.
-- Whatever options are left for you to choose from, must come
from the other portions of the triangle (hunch, feeling, intuition,
desire, passion, etc).
                   Structuralism


Taking issues off the table
Examples
                You may not be sure of who you want to marry,
  • Marriage -- but you are damn sure of who you don’t want
                to marry
                You may not be sure of what you want to eat,
  • Dinner --
                but you are damn sure of what you do not want
                to eat
                You may not exactly be sure what the truth is,
  • Truth --
                but you sure as hell know which of the possible
                options cannot be candidates. You know which
                ones have to be false.
                    Structuralism


Taking issues off the table
Examples
                    You may not be sure what is justifiable, but
  • Justification   you sure as hell know which options are not-
                    justifiable. There will be certain options that
                    can be negated as candidates.
                     Structuralism


 The implications of this

-- Rationality structures choice?
-- It removes some things as “wrong”
-- Choice takes place within a cognitive structure?
-- There is no one right answer; there are only wrong answers,
and what is left rationality alone may not be able to resolve.

     OBJECTIVITY WITHOUT CERTAINTY
                       Ronald Dworkin


 Introduction

-- Professor of Jurisprudence at
University College London; Professor
of Jurisprudence at the New York
University School of Law
-- Most famous legal philosopher of
the 20th century
-- Very insightful, very intelligent
thinker
                         Ronald Dworkin


 Main Ideas

-- Structured v. Non-structured discretion
   • official v. coach
                    Ronald Dworkin


Main Ideas
Concept of Law

  1. involves more than just rules
  2. it involves an amorphous property that gives life or
     meaning to the rules.
     Something that checks the rules to make sure they
     are working properly A diagnostic process?
     -- the thing that rules are before they become
     “rules”
     “Principles”
                 Ronald Dworkin


Main Ideas
Concept of Law

  1. involves more than just rules
  2. it involves an amorphous property that gives life or
     meaning to the rules.
  3. Law involves rules and principles (“unannounced
     rules”).
                    Ronald Dworkin


Main Ideas
There are correct answers?                     Mild Criticism

  1. Law” has one correct answer, BUT
     •     what is correct differs for each judge
     •     Each is on a search for this answer
         Each judge has a “decision constituence”
                    Ronald Dworkin


Main Ideas
Helpful Metaphors

  -- Chain novels
  -- parent-child commands
                  Ronald Dworkin


Main Ideas
Hercules

  -- mythical jurist (Law’s Empire)   Mild Criticism

Law as Moral Reasoning

  -- legal reasoning is a kind of moral reasoning (but
       where moral reasoning is not subjective)

                                        Mild Criticism
                     Ronald Dworkin


  Most important conclusion

-- Dworkin’s thought boils down to this:
    INTEGRITY IN LAW
       • “law” should not be a sham
       • it should not be a game
       • find the legal construct that has the most overall
       integrity.
                  Ronald Dworkin


Hard Cases

 -- The objective portion of the judicial mind can only
 structure rather than dictate the answer.
 -- You must rely upon your values as a sort of “tie breaker”
 -- There is no way around this.
 -- Political values are part of the equation, but they are the
 last part – the part that is used when the objective process
 cannot take you any further.
 -- The legal decision constituence structures the choice; but
 values complete the task.
                    Ronald Dworkin


Implications for Jurisprudence

  -- Law is a pre-existing cognitive decision framework!
      -- consisting of more than just rules
  -- that is applied to the empirical conditions of the time in
  which we live
  -- through the lens or medium of our generational values
  and experiences
  -- and which forms a decision constituence that we believe
  has the most integrity for what law should continue to be
How Cognition Can
    Structure
  • calorie        True by contemplation –
 • “efficiency”
                   1. Some things are true
  • modality          by contemplation alone
                      (true by the relations of
  • utility
                      ideas)
   • causation
                   2. Things that are abstract

My Term:

      “Ideation”
                        i




Ostensible
Verifiability

  Seeing is believing

   Empiricism
       i




o.v.       psychology of
              desire
           • Feelings
            • Faiths
           •Passions
             (etc)
       i




o.v.       p.d.
                   “Logic”




Fact                  the
                                          Feeling
                   triangle




This is a theory about how ideas are constituted
in one’s existence
            Three-Dimensional Semantics


 language
-- recall that skepticism has proposed two dimensions to
semantics
                  Column 1 – bias    Column 2-- merit
                Desire              Premise
                Impulse               Logic
                Psychology            Justification
                Ideology            Philosophy
                Hegemony            Knowledge
                Dogma               Science
                Construction        Paradigm
  Subject         #1              #2              #3

Economics:         value           price           satisfaction
Science:           calculations    observations    experience
Existence:         mind            body            soul
Engineering:       function        form            utility
Law:               justice         text            power
                   principles      words           results
Meaning:            abstract       concrete        subjective
Interpretation:    conceptual      literal         hegemonic
  Subject         #1              #2              #3

Economics:         value           price           satisfaction
Science:           calculations    observations    experience
Existence:         mind            body            soul
Engineering:       function        form            utility
Law:               justice         text            power
                   principles      words           results
Meaning:            abstract       concrete        subjective
Interpretation:    conceptual      literal         hegemonic
  Subject         #1              #2              #3

Economics:         value           price           satisfaction
Science:           calculations    observations    experience
Existence:         mind            body            soul
Engineering:       function        form            utility
Law:               justice         text            power
                   principles      words           results
Meaning:            abstract       concrete        subjective
Interpretation:    conceptual      literal         hegemonic
                   Ideation
  Subject         #1              #2               #3

Economics:         value           price            satisfaction
Science:           calculations    observations     experience
Existence:         mind            body             soul
Engineering:       function        form             utility
Law:               justice         text             power
                   principles      words            results
Meaning:            abstract       concrete         subjective
Interpretation:    conceptual      literal          hegemonic
                                   Verifiability
  Subject            #1              #2                #3

Economics:               value             price        satisfaction
Science:        Avoid Intellectual pitfalls:
                         calculations observations      experience
Existence:               mind              body         soul
   1. Don’t impose a dichotomy upon form
Engineering:             function          life.        utility
                         justice
Law: It reinforces two-dimensional thought
   2.                                      text         power
                         principles
   3. seeing three dimensions makes words   you more    results
Meaning:
   comprehensive          abstract         concrete     subjective
                         conceptual
Interpretation: skeptics often utilize two-
   4. critics and                          literal      hegemonic
  dimensional thought                                       Desire
  5. philosophers see 3 dimension
Poor Character or
  Personality
                                     e
                              Experience

              A
            Attitudes

                                       i
                               Information


1/18/2007               (C) Copyright Sean Wilson. 2007.   32
                        Learning Curve



                                     e
                              Experience

              A
            Attitudes

                                       i
                               Information


1/18/2007               (C) Copyright Sean Wilson. 2007.   33
                           Obstinacy



                                     e
                              Experience

              A
            Attitudes

                                       i
                               Information


1/18/2007               (C) Copyright Sean Wilson. 2007.   34
                                 The conceptual and
                                 empirical team up.
                  “Logic”        They dominate
                                 feelings and desire.

                                 Rationalism or
                                 Objectivism?



Fact                 the
                                        Feeling
                  triangle




Some people might tend to have brains that on
occasion do this …
Passion and desire
dominate and control
the conceptual and      “Logic”
empirical.

“motivated reasoning”




     Fact                  the
                                           Feeling
                        triangle




      How Nietzsche, Hume and Post-Modernists
      Might View the Triangle
Radical
skepticism?




                          the
                       triangle



      What you think is real or reasoned is only in
      your head. Justification is always invented by
      the mind.
Holism
                                   Note the direction of
                                   the arrows
                   “Logic”




Fact                  the
                                          Feeling
                   triangle




Holism: all of these three things need to work
together intelligently to make the best judgment
                 Pre-existing
                   cognitive
                  framework




the conditions        the
    that we        triangle     Our Political
  encounter                       Values
                 Pre-existing
                   cognitive
                  framework




the conditions        the
    that we        triangle     Our Values
  encounter                     & interests
Final Paper
Final paper
  • assume two males want to marry

      Law
         Constitution: Provide Equal Protection

          Statute: Same-sex marriages are forbidden
Final paper

    8 judges




               you must be each of these judges
Final paper

       grading criteria

        1. rule of the school
         2. analysis

 • number the paper 1-8, and provide these two items in a few
 paragraphs.
 • the amount of thinking you do is more important than length.
 (It’s a thinking project)
 • due on the date of the final
 (I’ll help you next week)
Final paper

      sample answer         (structure only, not substance)




  (see print-out for more info)
Final paper

      school rules




                            Question:
                     What are the rules of the
                            school?
0
0
0
Final paper

      school rules
                                     God’s will?

                                       Tradition or Reason ?   CLT

            Examples:                   Empirical Science
                                                            Soc. Jur

        1. the strike zone.




Assembly Intent   Originalism         Preserve Power Structure?
                                                        Pragmatism
Canonical Reading      Analytic P
                                        Disrupt the Power Structure?
Essences, principles
                       Inductive P            Critical Legal Studies
                                     God’s will?

                                         Tradition or Reason ?   CLT

                                          Empirical Science
                                                              Soc. Jur


                             Examples:


                       1. Tom Brady Fumble
                                the
                             triangle



Assembly Intent   Originalism            Preserve Power Structure?
                                                          Pragmatism
Canonical Reading      Analytic P
                                          Disrupt the Power Structure?
Essences, principles
                       Inductive P              Critical Legal Studies
                                      God’s will?

                                        Tradition or Reason ?    CLT

                                          Empirical Science
                                                              Soc. Jur


                              Examples:


                       Hand-touch against Jordan
                          (Kobe?) in the playoffs



Assembly Intent   Originalism           Preserve Power Structure?
                                                          Pragmatism
Canonical Reading      Analytic P
                                          Disrupt the Power Structure?
Essences, principles
                        Inductive P             Critical Legal Studies

								
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