Check Mike Check Sound Circulate Attendance

1. Check Mike Check Sound Circulate Attendance Time

2. Today’s Lecture: • Policy Preference and Structuralism • What is Structuralism? • Why is it Significant?

3. Class Announcements Quality Points For those who answered the survey question late, your quality points will be posted tonight

4. Class Announcements Papers -- All papers are due May 5th, in person (no emailed papers)

5. Class Announcements Last Quiz -- Your last quiz will be posted on Monday, April 28th. -- Deadline to submit questions is today, before class. (No questions from today’s lecture are allowed obviously). Questions?

6. Review -- last time, we considered political science theories of decision making: Ideology Theory” (sometimes called “attitudinal model”) Game Theory (an important sister school) Regime Theory • -- this was more of an elegant theory. It concerned political generations and issues that were most dear to them. • Data in criminal procedure cases • Specifically at search and seizure cases

7. 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

8. Structuralism The triangle -- To understand what structuralism is, let’s go back to “the triangle” I showed you a few weeks ago

9. calorie • True by contemplation – • Some things are true by contemplation alone (true by the relations of ideas) • Things that are abstract • “efficiency” • modality • utility • causation My Term: “Ideation”

10. i Ostensible Verifiability Seeing is believing Empiricism

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

12. i o.v. p.d.

13. “Logic” the triangle Fact Feeling All that the Triangle is, is a philosophy of cognition about the mind. It is the theory of how brain functions act to structure or constitute our beliefs.

14. “Logic” the triangle Fact Feeling All of us have each of these three brain functions. But, perhaps, not all of us have them properly calibrated. Or perhaps their calibration varies depending upon various things (the issue, your age, your self interest, etc).

15. The conceptual and empirical team up. They dominate feelings and desire. “Logic” Rationalism or Objectivism? the triangle Fact Feeling Some people might tend to have brains that on occasion do this …

16. Passion and desire dominate and control the conceptual and empirical. “Logic” “motivated reasoning” the triangle Fact Feeling How Nietzsche, Hume and Post-Modernists Might View the Triangle

17. Radical skepticism? the triangle What you think is real or reasoned is only in your head. Justification is always invented by the mind.

18. Note the direction of the arrows “Logic” the triangle Fact Feeling Structuralism says that all of these three things can work together intelligently and can make decision making purposeful

19. 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

20. 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!

21. 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).

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

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

24. 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

25. 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

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

27. Ronald Dworkin Main Ideas Concept of Law • involves more than just rules • 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 • -- the thing that rules are before they become “rules” • “Principles” A diagnostic process?

28. Ronald Dworkin Main Ideas Concept of Law • involves more than just rules • it involves an amorphous property that gives life or meaning to the rules. • Law involves rules and principles (“unannounced rules”).

29. Ronald Dworkin Main Ideas There are correct answers? Mild Criticism • 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”

30. Ronald Dworkin Main Ideas Helpful Metaphors • -- Chain novels • -- parent-child commands • (Note: does this sound like inductive positivism? (It does to me; I invented the term from this idea)

31. 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

32. 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.

33. 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.

34. 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

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

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

37. The Basic Implication of This for Political Science If the justice’s “decision constituence” will structure him or her away from attitudes or policy preference that would otherwise exist, absent the use of the constituence .... The “Dworkin Effect” A “Kantian Moment in the Brain”

38. The Basic Implication of This for Political Science If the justice’s “decision constituence” is a sham and does nothing but support ideology or policy preference that would otherwise exist … Motivated Reasoning A “Machiavellian Moment in the Brain”

39. The Basic Implication of This for Political Science Neo-institutionalism: Institutional rules, practices, behavior, socialization, etc., has an independent effect upon the participants who behave in those institutions Institutional Role Rules of procedure Professional Education Institutional Role Professional Norms Structuring effect of cognition on choice