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Google+The Duhem-Quine thesis, when simplified, explains how a given set of facts can produce more than one apparently true conclusion: essentially, different background assumptions lead to different outcomes. A related concept is known as underdetermination: that a given set of evidence can be explained by more than one–potentially conflicting–theory. How does this impact the relationship between science and religion?
culture
David Noble on “The Religion of Technology”
In The Religion of Technology: The Divinity of Man and the Spirit of Invention, David Noble investigates the Western relationship between religion and technology.
On “The Role of Technology in Human Affairs”
In The Wealth of Networks: How Social Production Transforms Markets and Freedom, Yochai Benkler discusses his vision of the role of technology in historical change. He rejects an overly deterministic vision of technology (which he connects with Lewis Mumford and Marshall McLuhan), but also rejects a view of technology as immaterial to a society’s direction.
Freedom of speech in the “Second Gilded Age”
In “Digital Speech and Democratic Culture: A Theory of Freedom of Expression for the Information Society,” Jack Balkin (of the blog Balkinization) writes about what he sees as the appropriation of free speech ideals by media corporations in an effort to maximize their capital investments.
Civil law and courts of equity: the common law is hybrid law
The Roman civil law tradition (which prevails in Europe) has had a larger impact on American jurisprudence than is generally acknowledged. Indeed, although the United States considers itself a common-law country, we in fact use a system that combines common (judge-made, customary, adversarial, precedent-focused) with civil (usually statute-based and inquisitorial) law, but which in England focused on “equity” or fairness and justice.
National identity through postal delivery of newspapers
In Spreading the News, Richard R. John writes about the development of the American postal system in the eighteenth century, and the police choices that leverages the system as a means of newspaper distribution.
Will legal software replace lawyers?
Software won’t replace lawyers, but it will reduce the demand for certain routine legal services and raise the complexity of litigation. Those without the software will be at a disadvantage. It will also cut into the work of paralegals. But not lawyers.
Why do legal history? First remarks on Kermit Hall’s The Magic Mirror
In The Magic Mirror: Law in American History, Kermit Hall quotes former Supreme Court Justice Oliver Wendell Holmes, Jr. to explain why we should do legal history: “This abstraction called the Law is a magic mirror, [wherein] we see reflected, not only our own lives, but the lives of all men that have been!”
Facebook and Twitter and Google Plus… oh my!
So now we’ve got three–well, more like four–big players in the social networking space: Facebook, Twitter, Google Plus, and LinkedIn. Add to that a few other common options–the backyard fence, email, telephone, and carrier pigeon–and the choices of where to share the details on your latest (technology) crush appear insurmountably complex.
What was the “right to privacy” in 1948?
It took nearly 50 years for Justice Brandeis’ ground-breaking law review article on the right to privacy to begin to widely influence judicial decisions. By 1948, though, a dozen or so states had begun to recognize the right as a part of common law.
Cassirer and the Enlightenment
Cassirer’s work on the Enlightenment is quite unlike many of the other works of science studies I have worked on over the last couple of years.
Science and Sociability in Mary Terrall’s The Man Who Flattened the Earth: Maupertuis and the Sciences in the Enlightenment
For the enlightened of the mid-eighteenth century, the most fundamental aspect of their enlightenment was “sociability,” according to Mary Terrall in The Man Who Flattened the Earth.
Thinking about theories of historiography
Recently, I’ve been struck by the sense that what seems to drive history as a profession is not specifically the investigation of new archives, new materials, new places, or new times, but rather simply the larger desire to always pursue what is new qua new.
Going beyond national legal histories
“Lived history,” writes Bender, “is embedded in a plenitude of narratives. … [O]ver time, different themes or concepts, different narratives, will be deemed significant and emphasized” (page 1). The “plenitude of narratives” is formed by the stories historians tell about the past, by people at the time speaking and living their own experiences, by groups (ethnicities, races, classes, nations, cities) sharing common understandings, and is thus never simple nor unitary.
Dorinda Outram on the Enlightenment
In her book The Enlightenment, Dorinda Outram gives a broad introduction to the history and historiography of the Enlightenment.
Technology and the archive
One of the primary interests of mine is the connection between technology and law. The development of archives is one place where this connection plays out in practice. This I am deeply interested in the question presented by Schwartz and Cook present as to what the impact of new technologies–like “postal services, the telegraph, the telephone, radio, photography”–was on “on the production, preservation, and use of records and archives since the mid-nineteenth century.”
