Susan Haack

(? - 2026)

The first part of the argument of this paper is that Prof. Twardowski’s attempt to dispose of relativism once and for all in his short paper does not succeed—for a number of interrelated reasons: (i) Twardowski’s argument that there are no relative truths fails: it is not exhaustive. (ii) Even with respect to the examples on which he focuses, it is inconclusive, relying on an unclear and unexplained concept of judgment, and the unjustified assumption that only judgments are literally true or false. (iii) More fundamentally, Twardowski’s approach relies on a conception of relativism which badly over-simplifies a very complex phenomenon

Staying for an answer : the untidy process of groping for truth -- The same, only different -- The unity of truth and the plurality of truths -- Coherence, consistency, cogency, congruity, cohesiveness, &c. : remain calm! don't go overboard! -- Not cynicism, but synechism : lessons from classical pragmatism -- Science, economics, "vision" -- The integrity of science : what it means, why it matters -- Scientific secrecy and "spin" : the sad, sleazy story of the trials of remune -- Truth and justice, inquiry and advocacy, science and law -- Trial and error : the Supreme Court's philosophy of science -- An epistemologist among the epidemiologists -- Fallibilism and faith, naturalism and the supernatural, science and religion -- The ideal of intellectual integrity, in life and literature -- After my own heart : Dorothy Sayers's feminism -- Worthwhile lives -- Why I am not an oxymoron -- Formal philosophy? : a plea for pluralism.

Peer review and publication is one of the factors proposed in Daubert v. Merrell Dow Pharmaceuticals, Inc. as indicia of the reliability of scientific testimony. This Article traces the origins of the peer-review system, the process by which it became standard at scientific and medical journals, and the many roles it now plays. Additionally, the Author articulates the epistemological rationale for pre-publication peer-review and the inherent limitations of the system as a scientific quality-control mechanism. The Article explores recent changes in science, in scientific publishing, and in the academy that have put the system under strain. The Author argues that Justice Blackmun's advice to courts - that peer-reviewed publication is relevant, but is not dispositive - is of little practical help. Instead, the Author suggests questions that courts should ask in assessing the significance of the fact that testimony is, or is not, based on peer-reviewed publication and illustrates with reference to another Bendectin case, Blum v. Merrell Dow Pharmaceuticals, Inc., where some of these questions were asked.

The reformist philosophy of the classical pragmatist tradition has gradually evolved into the now-fashionable revolutionary styles of pragmatism, some scientistic, some literary. This evolution is traced from Peirce, James, Dewey, and Mead, through Schiller, Lewis, Hook,and Quine, to Rorty’s literary-political neo-pragmatism. Rather than get hung up on the question of which variants qualify as authentic pragmatism, it is better — more fruitful, and appropriately forward looking— to ask what we can learn from the older tradition, and what we can salvage from the new

In many toxic-tort cases - notably in Oxendine v. Merrell Dow Pharmaceuticals, Inc, and in Joiner v. G.E., - plaintiffs argue that the expert testimony they wish to present, though no part of it is sufficient by itself to establish causation "by a preponderance of the evidence," is jointly sufficient to meet this standard of proof; and defendants sometimes argue in response that it is a mistake to imagine that a collection of pieces of weak evidence can be any stronger than its individual components. This article draws on the epistemological theory I first presented in 1993 in Evidence and Inquiry, and then amplified and refined in 2003 in Defending Science - Within Reason. This theory of evidence shows that, under certain conditions, a combination of pieces of evidence none of which is sufficient by itself really can warrant a casual conclusion to a higher degree than any of its components alone. When my account is applied to the very complex congeries of evidence typically proffered to prove general causation in these toxic-tort cases, it improves on the influential "Bradford Hill criteria" for assessing causation; and it suggests answers to questions frequently raised in such cases: e.g., whether epidemiological evidence is essential for proof of causation, and whether such evidence should be excluded if it is not statistically significant. Moreover, the argument of this paper reveals that by obliging courts to screen each item of expert testimony individually for reliability, the atomism implicit in Daubert will sometimes stand in the way of an accurate assessment of the worth of complex causation evidence.

Abstract: This paper responds to the question posed in the announcement of the conference at Brooklyn Law School at which it was presented: if and how [the inquiry into the reliability of proffered scientific testimony mandated by Daubert] relates to 'truth,' and whose view of the truth should prevail. The first step is to sketch the legal history leading up to Daubert, and to explore some of the difficulties Daubert brought in its wake; the next, to develop an account of truth in the sciences that combines a full acknowledgment of the fallibility and incompleteness of the scientific enterprise with a robustly objective conception of truth - which helps us understand why the legal system often gets less than the best out of science; and finally, exploring the concept of legal truth, to show how false scientific clams sometimes get entrenched as legally reliable.

What I have to offer here are some thoughts about the “research ethic,” and the ethics of research, in philosophy. There won't be any exciting stuff about the political wisdom or otherwise of research into racial differences in intelligence, or the ethics of scientists' treatment of laboratory animals, or moral issues concerning genetic engineering or nuclear technology, or anything of that kind. There will be only, besides some rather dry analysis of what constitutes genuine inquiry and how the real thing can come to be corrupted, some rather uncomfortable reflections about the present condition of philosophy, its causes and its consequences

In 1880, when Oliver Wendell Holmes (later to be a Justice of the U.S. Supreme Court) criticized the logical theology of law articulated by Christopher Columbus Langdell (the first Dean of Harvard Law School), neither Holmes nor Langdell was aware of the revolution in logic that had begun, the year before, with Frege's Begriffsschrift. But there is an important element of truth in Holmes's insistence that a legal system cannot be adequately understood as a system of axioms and corollaries; and this element of truth is not obviated by the more powerful logical techniques that are now available.

What is called legal pragmatism today is very different from the older style of legal pragmatism traditionally associated with Oliver Wendell Holmes; and there is much that is worthwhile on the conception of the law revealed by reading Holmes's The Path of the Law in the light of the classical pragmatist tradition of Peirce, James, and Dewey. Here, reflections on the varieties of pragmatism - philosophical and legal, old and new - will be wrapped around an exploration of Holmes's legal philosophy and the strengths and weaknesses of his arguments.

Peirce’s response to the anti-metaphysical positivism of his day draws on Kant’s response to Hume, but moves beyond it, being thus a valuable resource, especially in our own post-Logical Positivist era. Kant’s legacy to Peirce was a lasting conviction that metaphysics need not be the hopelessly "airy science" Hume had pooh-poohed, but could and should become a legitimate and valuable area of investigation. Peirce's legacy to philosophy today is a distinctively plausible post-Kantian reconstruction of how this might be achieved.

Because its business is to resolve disputed issues, the law very often calls on those fields of science where the pressure of commercial interests is most severe. Because the legal system aspires to handle disputes promptly, the scientific questions to which it seeks answers will often be those for which all the evidence is not yet in. Because of its case-specificity, the legal system often demands answers of a kind science is not well-equipped to supply; and, for related reasons, constitutes virtually the entire market for certain fields of forensic science and for certain psychiatric specialties. Because of its adversarial character, the law tends to draw in scientists who are more willing than most to give an opinion on less-than-overwhelming evidence; and the more often such a witness testifies, the more unbudgeably confident he may become in his opinion. Legal rules can make it impossible to bring potentially useful scientific information to light, and the legal penchant for “indicia” and the like can transform scientific subtleties into legal shibboleths. And because of its concern for precedent, and the desideratum of finality, the law sometimes lags behind scientific advances.

Il buono, il brutto e il cattivo. Disambiguare il naturalismo di Quine - Quine’s ‘epistemology naturalised’ has been profoundly influential, but it is also highly ambiguous. Quine seems at times to claim only that epistemology is not a purely a priori enterprise but an empirical study, continuous with the sciences of cognition; at others, that epistemological questions can be turned over to the sciences to resolve; and on other occasions, that epistemological questions are misconceived and should be replaced by scientific investigation into cognition. What is argued here is that the first and most modest version of Quine’s epistemological naturalism is potentially fruitful, the second and more ambitious indefensible, and the third and most ambitious not only false but disastrous