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Kenneth Einar Himma - One of the best experts on this subject based on the ideXlab platform.
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Conceptual Jurisprudence. An Introduction to Conceptual Analysis and Methodology in Legal Theory
Revus, 2015Co-Authors: Kenneth Einar HimmaAbstract:This essay attempts to provide an accessible introduction to the topic area of Conceptual Analysis of legal concepts (or “Conceptual jurisprudence”) and its methodology. I attempt to explain, at a fairly foundational level, what Conceptual Analysis is, how it is done (i.e. its appropriate methodology) and why it is important in theorizing about the law. I also attempt to explain how Conceptual Analysis is related to other areas in philosophy, such as metaphysics and epistemology. Next, I explain the enterprise of Conceptual jurisprudence, as concerned to provide an account of those properties that (1) distinguish things that are law from things that are not law which (2) constitute the former things as law, illustrating this explanation with what I hope are intuitive examples. Three different methodological approaches are also explained and evaluated. Finally, the practical importance of Conceptual jurisprudence is discussed.
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Conceptual Jurisprudence: An Introduction to Conceptual Analysis and Methodology in Legal Theory
SSRN Electronic Journal, 2015Co-Authors: Kenneth Einar HimmaAbstract:This essay attempts to provide an introductory explanation of the nature of Conceptual Analysis, how it is applied, and why it provides an important enterprise in legal theory. In addition, this essay explains how Conceptual Analysis is related to other areas in philosophy, such as metaphysics and epistemology. The nature of Conceptual Analysis in legal theory (Conceptual jurisprudence) is explained, and illustrated with accessible examples, as providing an account of those properties that (1) distinguish things that are law from things that are not law which (2) constitute the former things as law. Three different methodological approaches are also explained and evaluated. Finally, the practical importance of Conceptual jurisprudence is explained.
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An Introduction to Conceptual Analysis and Methodology in Legal Theory
2015Co-Authors: Kenneth Einar HimmaAbstract:This essay attempts to provide an accessible introduction to the topic area of Conceptual Analysis of legal concepts (or "Conceptual jurisprudence") and its methodology. I attempt to explain, at a fairly foundational level, what Conceptual Analysis is, how it is done (i.e. its appropriate methodology) and why it is important in theorizing about the law. I also attempt to explain how Conceptual Analysis is related to other areas in philosophy, such as metaphysics and epistemology. Next, I explain the enterprise of Conceptual jurispru- dence, as concerned to provide an account of those properties that (1) distinguish things that are law from things that are not law which (2) constitute the former things as law, il- lustrating this explanation with what I hope are intuitive examples. Three different meth- odological approaches are also explained and evaluated. Finally, the practical importance of Conceptual jurisprudence is discussed.
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Conceptual Analysis, the Naturalistic Turn, and Legal Philosophy
SSRN Electronic Journal, 2006Co-Authors: Kenneth Einar HimmaAbstract:Quine's argument that there is no non-circular way to explicate the notion of analyticity, together with his observation that any claim can be revised in the face of recalcitrant experience, is thought by many philosophers to have conclusively refuted traditional views about Conceptual Analysis and metaphysics. In this essay, I consider what I take to be the major arguments against the possibility of doing Conceptual Analysis as traditionally conceived. In particular, I consider (1) the denial of the distinction between analytic and synthetic statements; (2) recent research on the fallibility of ordinary intuitions; (3) the idea that all claims are revisable in the face of recalcitrant experience;(4) the claim that even putatively Conceptual claim are contingent in character; and (5) the claim that traditional Conceptual Analysis (henceforth TCA) presupposes a discredited epistemological foundationalism. I argue that these arguments are all vulnerable to serious objections; the matter is not at all as straightforward as some philosophers seem to believe. Although the counterarguments presented below are probably not conclusive, they show that much more work is needed to succeed in showing that philosophy needs to be "naturalized."
Aaron J. Rappaport - One of the best experts on this subject based on the ideXlab platform.
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Conceptual Analysis in Science and Law (draft)
Social Science Research Network, 2010Co-Authors: Aaron J. RappaportAbstract:Ever since H. L. A. Hart’s magisterial work, The Concept of Law, Conceptual Analysis has been viewed as the dominant method of doing jurisprudence. Far less appreciated is the fact that it is also a central tool in the field of cognitive science. That may be surprising to some, given the differences in these disciplines’ mission: Legal theorists struggle with abstract questions about the “nature” of Law and Justice; cognitive scientists explore the workings of the human mind. If cognitive scientists and legal philosophers are doing different things when they do Conceptual Analysis, how do they differ? This paper offers the first full-scale comparison of the way Conceptual Analysis is used in these two fields. The paper’s conclusion is provocative and striking. It argues that cognitive scientists employ an appealing and coherent form of this key methodology, while legal theorists employ an approach that might be fairly characterized as a methodological muddle. The implication for legal theory is profound: If legal theory hopes to be a relevant and coherent discipline, it must re-imagine its methodological commitments and seek out a more appealing set of tools and methods. The concluding section of the paper grapples with that challenge, offering some thoughts on how jurisprudence can be placed on a more solid and appealing foundation. [Note: Download has been disabled, pending completion of new draft]
German E. Berrios - One of the best experts on this subject based on the ideXlab platform.
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Research in Psychiatry: Concepts and Conceptual Analysis.
Psychopathology, 2016Co-Authors: Ivana S. Marková, German E. BerriosAbstract:Current research in psychiatry is increasingly focused on empirical studies with methods and technologies adopted from medicine. This paper argues that psychiatry has a different epistemological basis from medicine, and it is on account of this that research in psychiatry demands a different approach, one that perforce focuses on the clarification of concepts central to psychiatric practice. This means undertaking Conceptual Analysis and Conceptual history and only then moving on to empirical study. This paper highlights the crucial epistemological differences between the practice of medicine and psychiatry, showing that the latter is enacted at the level of language and communication. Consequently, the structures of psychiatric objects, namely, mental disorders and mental symptoms, are complexes of meaning derived from heterogeneous sources - both organic and semantic. Conceptual Analysis of such structures is essential as ultimately the validity of empirical research is directly dependent on the Conceptual clarification of its objects of inquiry.
P.w.g. Bots - One of the best experts on this subject based on the ideXlab platform.
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Conceptual Analysis of interdisciplinary scientific work
Lecture Notes in Artificial Intelligence, 2007Co-Authors: P.j. Beers, P.w.g. BotsAbstract:The main advantage to interdisciplinary professional practice is that it can produce novel product designs and problem solutions. However, it requires knowledge sharing and integration to leverage this potential. This paper reports on a study with a method of Conceptual Analysis to elicit, analyse and compare Conceptual models used by individual researchers, with the ultimate aim to facilitate researchers in sharing and integrating their Conceptual notions. We build on an earlier study by extending an existing Conceptual model with Conceptual notions from two additional researchers from an interdisciplinary research project. The results of the present study suggest that the time costs of adding more information to the existing model diminish with each addition to the existing model, and that the method of Conceptual Analysis can validly represent researchers' Conceptual notions. Furthermore, our results offer some indication that Conceptual Analysis can reduce transaction costs related to grounding.
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CONTEXT - Conceptual Analysis of interdisciplinary scientific work
Modeling and Using Context, 2007Co-Authors: P.j. Beers, P.w.g. BotsAbstract:The main advantage to interdisciplinary professional practice is that it can produce novel product designs and problem solutions. However, it requires knowledge sharing and integration to leverage this potential. This paper reports on a study with a method of Conceptual Analysis to elicit, analyse and compare Conceptual models used by individual researchers, with the ultimate aim to facilitate researchers in sharing and integrating their Conceptual notions. We build on an earlier study by extending an existing Conceptual model with Conceptual notions from two additional researchers from an interdisciplinary research project. The results of the present study suggest that the time costs of adding more information to the existing model diminish with each addition to the existing model, and that the method of Conceptual Analysis can validly represent researchers' Conceptual notions. Furthermore, our results offer some indication that Conceptual Analysis can reduce transaction costs related to grounding.
Francisco J. Silva - One of the best experts on this subject based on the ideXlab platform.
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Toward a richer view of the scientific method: The role of Conceptual Analysis.
The American psychologist, 2007Co-Authors: Armando Machado, Francisco J. SilvaAbstract:Within the complex set of activities that comprise the scientific method, three clusters of activities can be recognized: experimentation, mathematization, and Conceptual Analysis. In psychology, the first two of these clusters are well-known and valued, but the third seems less known and valued. The authors show the value of these three clusters of scientific method activities in the works of the quintessential scientist Galileo Galilei. They then illustrate how Conceptual Analysis can be used in psychology to clarify the grammar and meaning of concepts, expose Conceptual problems in models, reveal unacknowledged assumptions and steps in arguments, and evaluate the consistency of theoretical accounts. The article concludes with a discussion of three criticisms of Conceptual Analysis.