Tom Morawetz's “Robust Enterprise”: Jurisprudence after Wittgenstein

I examine one theme within Tom Morawetz's complex jurisprudential work (stemming from Wittgenstein): the concept of a practice. After considering this theme in some detail, I then sketch a different jurisprudential approach that still proceeds within the inspiration of Wittgenstein's later philosophy. Here, I summarise Stanley Cavell's elaborate recounting of Wittgenstein's twin concepts, “criteria” and “grammar.” In a third and final section, I employ this alternative method to provide a brief example of how a Wittgensteinian approach might be made towards explicating and understanding Holmes’ classic claim regarding the need in jurisprudence to separate legal and moral concepts.     

Wittgenstein on the Place of the Concept “Noticing an Aspect”

Seeing aspects is a dominant theme in Wittgenstein's 1940s writings on philosophy of psychology. Interpreters disagree about what Wittgenstein was trying to do in these discussions. I argue that interpreting Wittgenstein's observations about the interrelations between “noticing an aspect” and other psychological concepts as a systematic theory of aspect‐seeing diminishes key lessons of Wittgenstein's explorations: these interrelations are enormously complicated and “noticing an aspect” resists neat classification. Further, Wittgenstein invites us to engage in his “placing activity,” and by doing so we are building a skill that is valuable for enabling us to help ourselves when we encounter conceptual difficulties.     

“PURE” VERSUS “PRACTICAL” EPISTEMIC JUSTIFICATION

Abstract: In this article I distinguish a type of justification that is “epistemic” in pertaining to the grounds of one's belief, and “practical” in its connection to what act(s) one may undertake, based on that belief. Such justification, on the proposed account, depends mainly on the proportioning of “inner epistemic virtue” to the “outer risks” implied by one's act. The resulting conception strikes a balance between the unduly moralistic conception of William Clifford and contemporary naturalist virtue theories.     

The Power of Language and Labels: “The Mentally Ill” Versus “People With Mental Illnesses”

Undergraduate students (N = 221), adults in a community sample (N = 211), and professional counselors and counselors‐in‐training (N = 269) were given a measure of tolerance. Within each sample, half of the participants were given a version that used the term “the mentally ill” and half were given a version that used the term “people with mental illnesses.” Individuals receiving the version with the term “the mentally ill” had lower levels of tolerance. Professional counselors had the largest differences in tolerance on the basis of language.     

The Evolving “D” in “BASIC ID”

The multimodal counseling model is based on the notion that a client's concerns can be dealt with most successfully when the counselor or therapist treats several aspects of a client's functioning. The multimodal model uses the acronym BASIC ID to identify the areas of client functioning that frequently need to be treated. These areas include behavior, affect, sensation, imagery, cognition, interpersonal relations, and drugs. The D mode, which represents drugs, is a misunderstood aspect of the BASIC ID partly because it does not seem to parallel other aspects of the model. Over the past few years the D mode has been expanded to include more than drugs, in particular, to include diet and other physiological factors. This article describes the evolution of the D mode and attempts to show the importance of a physiological dimension to the multimodal counseling approach.     

“SECOND-GUESSING”

Messages received from other social actors cannot always be taken at face value. When people have reason to question such messages, it is hypothesized that they engage in a cognitive process called “second-guessing,” wherein they reevaluate the literal interpretation of the message to determine its veridicality. Should they determine that it is not veridical, they generate an alternative, potentially more plausible interpretation. We assessed the frequency and importance of situations that might provoke reinterpretation of messages. Such situations were seen as occurring frequently and were of some importance. Social actors revealed sophisticated knowledge concerning the strengths and weaknesses of information obtained about people or events outside their direct experience. They also claimed to be able to “debias”such information, winnowing a “correct” interpretation from one judged to be “incorrect.” Preliminary data suggest that naive social actors are quite good at delecting scientifically documented sources of bias and making reasonable adjustments in their judgments to correct for those biases when plausibly present.