Naturalism in Epistemology and the Philosophy of Law

In this paper, I challenge an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the ‘naturalization of epistemology’. In a prominent series of papers and a book, Brian Leiter has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology and Leiter’s suggested parallel and argue that the parallel does not hold up. Even granting Leiter’s substantive assumption that the law is indeterminate, there is no philosophical confusion or overreaching in the legal case that is parallel to the philosophical overreaching of Cartesian foundationalism in epistemology. Moreover, if we take seriously Leiter’s analogy, the upshot is almost the opposite of what Leiter suggests. The closest parallel in the legal case to Quine’s position would be the rejection of the philosophical positions that lead to the indeterminacy thesis.     

Book review: Criminal justice history and co‐corrections

Lawrence M. Friedman and Robert V. Percival, The Roots of Justice: Crime and Punishment in Alameda County, California, 1870–1910 Chapel Hill, N.C.: The University of North Carolina Press, 1981, 335 pp.

Charles Campbell, Serving Time Together: Men and Women in Prison Fort Worth, Texas Christian University Press, 1980, 237 pp.     

The historical variability of the age-crime relationship

Methodological problems arising in fitting nonlinear regressions to a dataset are identified in context of research on the age-crime relationship. A modified chisquare distribution is fit to the age distribution of the seven Index crimes for the years 1952, 1957, 1962, 1967, 1972, 1977, 1982, and 1988 to assess the historical invariance of the distribution. Problematic features of Britt's (J. Quant. Criminol. 8, 175–187, 1992) analysis of the same data are highlighted.Britt states no rationale for the choice of these two functions, but his statement that his findings provide support for Greenberg's (1991) use of the Poisson gamma density to model individual offending patterns and questions Rowe and co-workers' (1990) use of the lognormal density as an appropriate model of individual violent offending suggests that this earlier work motivated his choice. Actually, this earlier work is not relevant to Britt's project. Greenberg (1991) and Roweet al. (1990) were concerned with the distribution of criminal propensities across individuals of a given age, not with the distribution of prevalence or participation rates across the ages, and changes therein over time.