A CRITIQUE OF DAVID HUME’S EMPIRICISM

OUT LINE

CHAPTER ONE: INTRODUCTION

• 1.1   Background of  study

• 1.2   Statement of  problem

• 1.3   Purpose of study

• 1.4   Significance of  study

• 1.5   Scope and Scopmethodology

• 1.6   Methodology

• 1.7   Literature Review

•         End Notes

• CHAPTER TWO: HUME’S LIFE AND THE INTELLECTUAL INFLUENCES ON HIM

• 2.1   Hume’s life and works

• 2.2   Intellectual influences on David Hume

• 2.3   General overview of empiricist philosophy

•         End Notes

• CHAPTER THREE: HUME’S EMPIRICISM

• 3.1   Hume’s theory of empiricism

• 3.2   Contents of the mind and Association of ideas

• 3.3   Hume’s concept of causality

• 3.4   Hume’s attack on metaphysics

•         End Notes

• CHAPTER FOUR:     PROBLEMS AND CRITIQUE OF HUME’S EMPIRICISM

• 4.2   The limitations of the senses as a source of knowledge

• 4.2   Wrong conception of reality

• 4.3   A systematic empiricism leads to idealism

•         End Notes

• CHAPTER FIVE:PERSONAL REFLECTION

• 5.1 End notes

• 5.2 Bibliography

ABSTRACT

One of the never ending processes in life is the process of knowledge acquisition which to the lay man may not constitute any problem as regards how it is acquired. But to philosophers, from time past this has constituted serious debacles. However, in philosophy, it has become the special concern of epistemology one of it’s branches to analyze how knowledge is acquired.

Epistemology has rationalism and empiricism as its most outstanding schools. These two schools in analyzing how knowledge is acquired have come to be the opposite of each other, because while rationalism hold that knowledge comes through reason,empiricism on the other hand holds that it comes through sense-experience. In this long history of philosophy, however, David Hume has remained the most consistent empiricist and for some reasons, we deemed it necessary to make the aim of this work be the critical analysis of David Hume’s theory of empiricism so that in the end we would have demonstrated whether it exhausts all possible knowledge of reality or not.

Now our problem is what must have led to Hume’s radical position that sense-experience is the only possible guide to the acquisition of knowledge that is certain? We however, discover that it is not unconnected to the fact that the search for knowledge that is certain, which Aristotle shifted to concrete objects through experimentation and which also cut through the time of John Locke and George Berkeley who laid emphasis on perception, influenced Hume to a great extent. Therefore by building on the philosophy of Locke and Berkeley which emphasized sense perception, Hume came to develop his radical position about sense experience as the limit of human knowledge.

In this, Hume categorized the objects of human reason into relations of ideas and matters of facts and he concentrated on the latter which he argued can only be ascertained through sense-experience. He went further to hold that these sense-experiences are acquired as impressions that is at the time of direct contact with an object, and later as ideas when the mind reflects on the impressions.

Analytically one discovers that impressions are however Humes only guarantee for measuring reality, even the ideas in the mind he argued must conform to these impressions so as to be considered as guaranteeing knowledge as real. In short, for something to be considered as real, it must generate impression.

Hume argued, causality can not be real because in reality, only what we experience are the proceeding and succeeding events separately and not any causal relation between the two events. All other metaphysical concepts are not real because they do not generate impressions and therefore cannot be experienced. To demonstrate his utter rejection of metaphysics, Hume campaigned for the burning of every book that contains metaphysics.

In spite of all these, Hume’s rejection of metaphysics was an unsuccessful exercise because Hume used the method of knowledge acquisition through sensation which does not apply to metaphysics.

Then come our wonder, why should sense-experience be the only standard of the measurement of reality for Hume? Are the senses not fallible? Of course, they are. Hardly do two people perceive on thing the same way, what of illusions and hallucinations, all these demonstrates that the senses furnish us most times with appearances and not reality. It therefore amounts to wrong conception of reality as guaranteeing reality.

What the sense furnish us with has to be moderated by human reason before they are considered, qualified as certain knowledge.

CHAPTER ONE/INTRODUCTION

BACKGROUND OF THE STUDY

The search for knowledge that is both absolute and certain has been continuous. However, since at least the time of Aristotle, there has been a strong epistemological tradition based mainly on human experience, which is not directed towards the possibility of achieving absolute knowledge.

This tradition is a typical example of the doctrine of empiricism. Empiricists argue that it is unreasonable to set a goal of absolute and all-inclusive knowledge, especially when there is close at hand the power to increase practical knowledge by slower but dependable methods.

Empiricist are content in building a system of knowledge that has a high probability of being true even though it’s absolute certainty cannot be guaranteed.

David Hume is one of the greatest empiricists in the history of epistemology and metaphysics who has distinguished himself as a consistent and coherent radical empiricist.

According to him, the only true knowledge is experimental, and any concept that is not available to sense perception is mere fanciful thinking.

The only abstract objects of the abstract science or of demonstration are quantity and number, and all attempts to extend this more perfect species of knowledge beyond these bounds are mere sophistry and illusion.With an ideological ferocity, he calls for a book-burning campaign of any metaphysical work.

He proclaims:

When we run over libraries persuaded of these (empirical) principles, what havoc must we make? If we take in our hand any volume: of or school metaphysics, for instance lets ask does it contain any abstract reasoning containing quantity or number? No. Does it contain any experimental reasoning concerning matter-of-fact and existence? No. Commit to it to the flames: for it can contain nothing but sophistry and illusion.

Hume’s proposal of vigorous sensism as an alternative to our natural and acquired scientific, metaphysical and socio-cultural deposits, creates more problems than it resolves. It withers all foundation of science and philosophy. It leaves us in make-shift, sandy subjectivism of dry empiricism.

David Hume’s empiricism within the context of knowledge is great, but a consistent empirist will end up destroying the very foundation of knowledge. The epistemological, scientific and ontological heritage of humanity is we think more than a series of impressions.³ To reduce them as bundles of impressions. To reduce them as bundles of impressions as Hume would want to believe is myopic.

The above as a way of introduction forms the background of our study. 

1.2   STATEMENT OF THE PROBLEM

There are problems in Hume’s theory of empiricism. The major one arises in an attempt to answer the question of how reliable is our senses. Very often, our senses deceive us. This is true when we see a mirage, in the changing size of objects according to our psychological and physiological state, in hallucination and other forms of illusions.

The problem is that there is no way of immediately differentiating the real from the unreal in such situations. The mirage for example is an effect caused by hot air in deserts or on roads, that makes you think you can see something, such as water, which is not there.

Now the question is, how do we differentiate between a true sense experience from a false or illusory sense experience?

Thus, arises the famous arguments from illusion which places doubts on the reliability of sense experience. 

1.3   PURPOSE OF THE STUDY

It has already been pointed out that David Hume maintained a radical stand in his position on knowledge acquisition by maintaining that knowledge comes only from sense experience. He did this by drawing out the problems inherent in reason as a source of knowledge.

The purpose of this study is therefore to examine David Hume’s position and also to show that in as much as we agree that human beings acquire knowledge through senses experience, sense experience alone cannot constitute or guarantee knowledge. Just as Jacques Maritain pointed out that every philosophical system contains some truth and tells something about the real, some philosophies however exaggerate their claims and this is where they then run into problems. This is so with David Hume, he ran into this kind of problem and this was because though knowledge can be acquired through sense experience, he exaggerated the position by maintaining that knowledge can only come through sense experience.

It therefore becomes part of the purpose of this study to point out some of these problems as we can in order to show that though sense experience leads to knowledge, however knowledge does not stop there after there are some limitations to the senses in epistemological procedure so that whatever information we receive through the senses are subjected to judgment before it is accepted.

1.4   SIGNIFICANCE OF THE STUDY

When this work is completed, it is our hope that it is going to be of importance in the sense that at least we would have succeeded in bringing to light some of the very important aspects of David Hume’s empiricism and at the same time would have also succeeded in pointing out problems inherent in it.

The work will equally be of help or assistance to students who will want to do some works in the area of David Hume’s empiricism as it will provide some aid to them by providing them with a kind of insight into the nature of Hume’s empiricism. But we must point out here that this work should not be taken as all there is in Hume’s empiricism. But where however, we could not cover, the references. That appear at the end of the work will therefore be adequate to direct or refer students to where information as regards those areas will be gathered.

To people who may not be doing works on David Hume`s Empiricism; to non-philosophers, who may thus be reading for knowledge acquisition or for pleasure, this work will equally be of immense help as the approach that will be adopted here and the choice of works will not be difficult to understand. 

1.5   SCOPE AND METHODOLOGY

We have already shown from the title of this work that this work is concerned with providing a critique of David Hume’s empiricism. However, just as it is done in every critical study, we are not going to rush into the criticism just like that, we therefore will have a guide or focus as regards what to criticize. Hume’s empiricism itself is to provide the guide because, as we are going to criticize it, we will have to present his empiricism so as to point out what it entails. After doing this, we will then know how to anchor our criticism to the problems we will observe, having discovered the nature of Hume’s Empiricism.

1.6   METHODOLOGY

The method to be adopted in this work is that of critical study. As the work is on David Hume’s empiricism, the method will therefore be, first of all to present a general overview of empiricism. After this we will then narrow our attention down to Hume’s notion of the subject matter empiricism. It will be after presenting these that we will therefore settle down to criticize.

For the purpose of convenience however, our criticism is going to be in two phases.  The first phase will be to provide the attacks which had been leveled against Hume’s empiricism by other people, this is because we are quite aware that Hume’s empiricism has come under attacks over the years.

The second phase of the criticism will therefore be our own criticism. We will here point out as will be able, some of those problems Hume’s empiricism are shrouded with due to Hume’s radical position, and based on these, we will therefore draw our criticisms against his empiricism.

1.7   LITERATURE REVIEW

Our aim here is to provide the reader with the knowledge of some of the texts used in this work. But first of all, David Hume’s book constitute primary literature.

In his book, “An Enquiry Concerning Human Understanding” edited by Eric Steinberg and published by Hacket Publishing Company, Indianapolis in 1977,⁴ David Hume was bent on demonstrating that an enquiry, the objects of human reason will be discovered to include only relations of ideas and matters of fact. These are only two categories under which any knowledge that is certain can be placed. All issues dealing with numbers are intuitively certain and therefore under “relations of ideas” where anything discoverable by experience is under “matters of fact”.

Also, in another book, “David Hume and problem of reason; recovering – the human sciences” (published by Yale University Press in 1990)^5, John Danford explained how skepticism concerning the ability of reason to lead to knowledge acquisition led to Hume’s position was to show that when reason is cut loose or severed from experience, it can only generate irresolution and confusion.

In the book, A Critical Account of the philosophy of Kant, published by James Maclehose in 1876,⁶ we see Edward. Caird showing Hume claims about the passivity of the mind in knowledge acquisition on through the ”association of ideas”. Here the mind is shown as not actively dealing with given materials to come up with knowledge but as finding already in the very data of sensation certain natural relations or associative principle by virtue of which one idea calls up another and therefore present a clear picture of something to the mind.

 

 

END NOTES

1. David Hume, An Enquiry Concerning Human Understanding, edited by Eric Steinberg, (Indianapolis: Hacket Publishing Co. 1977), p. 112.
2. Ibid pg. 114.
3. Pentaleon Iroegbu, Metaphysics: The Kpim of Philosophy, (Owerri): International Universities Press, 1995), p. 179.
4. Op Cit.
5. John W. Danford, David Hume and the Problem of Reason; Recovering the Human Sciences (New Haven and London: Yale University Press. 1990) p. 85.
6. Edward Caird M.A, A Critical Account of the Philosophy of Kant (Glosgow: James Maclehose 1877), pp. 67-68.

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AN EXAMINATION OF THE LEGAL IMPLICATIONS OF MORTGAGES AS COLLATERAL IN NIGERIA

ABSTRACT

The challenge identified by this research was the manner of collaterisation of credits by financial institutions. It was discovered that due to the volume of funds available at the disposal of financial institutions as a result of the consolidation exercise and stiff competition towards making substantial margin of profits, some financial institutions often comprise or even ignore standard in giving out credit to their customers because of a combination of factors viz:

• Insider credits
• Desire to make huge profits
• Political reasons
• Ethnic considerations

Thus, as a result of the above factors, financial institutions often get saddled with lots of bad debts which usually militate against the growth of an organization with the likelihood of distress and corporate failure since the credits were not given based on business considerations. To arrest this situation, regulatory authorities like the Central Bank of Nigeria and the Nigeria Deposit Insurance Corporation should commence the enforcement of the provisions of the Banks and Other Financial Institutions Act which provides for various categories of offences and penalties relating to Bank officers who give credit facilities that were supposed to be backed by security, without such securities.

CHAPTER ONE: INTRODUCTION
1.0 General Introduction … … 1
1.1 Statement of the Research Problem … … 2
1.2 Aims and Objectives of the Research … … 3
1.3 Scope of the Research … … 3
1.4 Research Methodology … …. 4
1.5 Literature Review … …. 4
1.6 Justification … …. 5
1.7 Organizational Layout … …. 5

CHAPTER TWO: NATURE OF LENDING RELATIONSHIP

2.1 Introduction to Loans, Debts and Credit … …. 7
2.1.1 Loans … …. 7
2.1.2 Debts … …. 7
2.1.3 Credit … …. 8
2.1.4 Distinction between Loans and Debts … …. 8
The Importance of Distinction between Loans and other Forms
of Credit Transactions … …. 9

Characteristics of a Loan … …. 10

Types of Loans … … 11

Bad Debts/Loans … … 13

Effects of Bad Debts/Loans … … 14

CHAPTER THREE: MEANING AND PURPOSE OF COLLATERALS IN LENDING

3.0 Forms of Collateral ….. 20
3.1 Collateral Defined ……. 21
3.2 Purpose and Features of Collateral … 23
3.3 The Mortgage …. …. 24
3.4 Steps to Obtaining Legal Mortgage … …. 24
3.5 Types of Mortgages … …. 28
3.6 Right of Mortgagors … …. 32
3.7 Right of the Mortgagee …. 32
3.8 Perfection of Collateral …. 33
3.9 The Implications of Creating or Taking Collaterals … …. 36

CHAPTER FOUR: THE NATURE OF COLLATERAL INTEREST

4.0 The Nature of Collateral Interest …. 39
4.1 Collateral Interest Arising From Transaction Intended as Collateral Transaction
….
39
4.2 Collateral Interest as a Right in Rem …. 39
4.3 Agreement to give Collateral …. 40
4.4 Contractual Set Off vis-à-vis Collateral …. 40
4.5 Conditions for Repayment vis-à-vis Collateral …. 40
4.6 Enforceability of collateral – at what stage does the Collateral
….
41
4.7 Enforcement of the Covenant to Repay …. 42
4.8 Entering into Possession . 43

4.9 Collateral Interest Vis-à-vis Customer’s Dominance
Over the Assets …. 44
CHAPTER FIVE: FORM OF COLLATERAL

5.0 Consensus Securities … . 45
5.1 The Pledge …. 45
5.2 The Charge …. 46
5.3 Contractual Lien …. 46
5.4 Fixed and Floating Collateral …. 46
5.5 Pledge Collaterals …. 47
5.6 Customary Pledge …. 49
5.7 Creation of Customary Pledge …. 51
5.8 Negative Pledge Collateral …. 53
5.9 Legal Nature of Negative Pledge Collateral …. 55
5.10 Taking Security with Notice of a Negative Pledge Clause … …. 56
5.11 Contingent Liabilities … …. 57
5.12 Features of Guarantees …… ….. 59
5.13 Bonds as Security … …. 67
5.14 Major Types of Bonds … …. 67
5.15 The Charges … …. 72
5.16 The Difference between a Mortgage and a Charge … …. 73
5.17 Types of Charges … …. 74
5.18 Crystallization of Floating Charge … …. 77

CHAPTER SIX: CONCLUSION, SUMMARY, FINDINGS AND RECOMMENDATIONS

Conclusion … . 81
Summary … . 81
Findings … . 82
Recommendation … . 83
BIBLIOGRAPHY
A. Textbooks … . 84
B. Journals … . 84
C. Seminar/Workshop Papers … . 84
D. Websites … . 84

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TABLE OF CONTENTS

Title Page i

DECLARATION ii

DEDICATION iii

CERTIFICATION iv

ACKNOWLEDGEMENTS v

TABLE OF STATUTES vii

TABLE OF CONVENTIONS, PROTOCOLS AND OTHER TREATIES viii

TABLE OF CASES ix

TABLE OF ABBREVIATIONS xi

TABLE OF CONTENTS xiii

ABSTRACT xvii

1.0 GENERAL INTRODUCTION 1

1.1 Background to the Study 1

1.2 Statement of the Research Problem 4

1.2.1 Research Questions 11

1.3 Aim and Objectives of the Research 11

1.4 Scope of the Research 12

1.5 Justification for the Research 13

1.6 Research Methodology 14

1.7 Literature Review 15

1.9 Organisational Layout 45

2.0 HISTORICAL DEVELOPMENT OF THE LAW REGULATING

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES IN NIGERIA, AND

CONCEPT OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES,

DEFINITIONS AND CLARIFICATION OF KEY TERMS. 46

2.1 Introduction 46

2.2 Historical Development of the Law Regulating Narcotic Drugs and

Psychotropic Substances in Nigeria. 46

2.3 Concept of Narcotic Drugs and Psychotropic Substances: Definitions and

Clarification of Key Terms 58

2.3.1 International Law 58

2.3.2 International Treaty 60

2.3.3 Nigerian Law 61

xiii

2.3.4 Domestication of International Law 64

2.3.5 Drugs and Drug Abuse 66

2.3.6 Narcotic Drugs 68

2.3.7 Psychotropic Substances 69

2.3.8 Prevention 70

2.3.9 Control 71

2.3.10 Drug Trafficking 71

2.3.11 Compensation and Remedy 72

CHAPTER THREE 74

3.0 DOMESTIC IMPLEMENTATION OF INTERNATIONAL LAW ON

PREVENTION AND CONTROL OF NARCOTIC DRUGS AND

PSYCHOTROPIC SUBSTANCES IN NIGERIA 74

3.1 Introduction 74

3.1.1 Guideline in a Treaty 74

3.1.2 The Principles of Jus Cogens 75

3.1.2 The National Measures for Treaty Implementation. 76

3.1.3 The Process of Domestic Implementation of International Law in Nigeria . 77

3.2 Analysis of Domestic Implementation Treaties on Narcotic Drugs and

Psychotropic Substances 79

3.3 Compatibility of Nigerian Domestic Laws with United Nations Conventions

on Prevention and Control of Narcotic Drugs and Psychotropic Substances 81

3.3.1 The Single Convention on Narcotic Drugs 82

3.3.2 The Protocol to the Single Convention on Narcotic Drugs 86

3.3.3 The Single Convention on Psychotropic Substances 88

3.3.4 The United Nations Convention against Illicit Traffic and Abuse of Narcotic

Drugs and Psychotropic Substances 93

3.3.5 An Analysis of the United Nations Convention against Illicit Traffic and

Abuse in Narcotic Drugs and Psychotropic Substances 95

3.4 An Analysis of Domestic Statutory Law Derived from International Law on

Narcotic Drug and Psychotropic Substances 132

3.4.1 The Dangerous Drug Ordinance 132

3.4.2 The Indian Hemp Decree 134

3.4.3 The Food and Drug Act 135

3.4.4 The Special Tribunal (Miscellaneous Offences) Decree 136

3.4.5 The National Drug Law Enforcement Agency Act 137

xiv

3.5 An Analysis of Domestic and International Institutions Responsible for

Implementing Laws against Narcotic Drugs and Psychotropic Substances. 138

3.5.1 The National Drug Law Enforcement Agency (NDLEA). 138

3.5.2 The Federal High Court 159

3.5.3 The National Assembly 161

3.5.4 The Commission on Narcotic Drugs 163

3.5.5 The International Narcotic Control Board 165

CHAPTER FOUR 167

4.0 PROBLEMS AND CHALLENGES HINDERING THE SUCCESSFUL

DOMESTIC IMPLEMENTATION OF INTERNATIONAL LAW ON

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES IN NIGERIA 167

4.1 Introduction 167

4.1 The Problems Caused by Inadequate Compliance with the Rules and

Obligations of International Law on Illicit Drugs 167

4.2.1 The Legal Status of Illicit Drug Users under the NDLEA Act 168

4.2.2 The Obligation on Nigeria to establish the NDLEA as required by

International Convention 175

4.2.3 The Inability of the Government of Nigeria to Prevent Illicit Drug activities

177

4.3 The Challenges Facing Nigeria’s Government Institutions Responsible for

the Domestic Implementation of International Law on Prevention and Control of

Narcotic Drugs and Psychotropic Substance 178

4.3.1 The Poor State of the Economy and the Rise in Illicit Drug Activities in

Nigeria 182

4.3.2 The Capacity of the NDLEA to Effectively Perform its Functions 182

4.3.3 The Rehabilitation and Treatment of Victims of Drug Abuse in Nigeria .. 185

4.3.4 Challenges Facing the Federal High Court 187

4.3.5 Challenges Facing the National Assembly 188

CHAPTER FIVE 190

5.0 COMPENSATION AND REHABILITATION FOR VICTIMS OF

NARCOTIC DRUG AND PSYCHOTROPIC SUBSTANCES CRIMES IN

NIGERIA 190

5.1 An Analysis Of Compensation For Victims Of Crime Under International

Law 190

5.1.1 The Development of the Law on Compensation for Victims of Crime 191

5.1.2 The Nature, Scope and Trend of Compensation under International Law 193

xv

5.1.3 The Victims of Crime 199

5.1.4 Access to Justice and Fair Treatment 199

5.1.5 Access to Justice 200

5.1.6 Restitution for Victims of Crime 200

5.1.7 Compensation for Victims of Crime 200

5.1.8 Assistance for Victims of Crime 201

5.2 THE FRAMEWORK FOR COMPENSATION AND REHABILITATION

OF VICTIMS OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

CRIMES UNDER NIGERIAN LAW 203

5.2.1 Determination of Victims of Illicit Drug Offences 205

5.2.2 Drug Users 207

5.2.3 The Third Party Victim 208

5.2.4 The Society at Large 209

5.2.5 Legal Representative of Dependants and Relatives of a Deceased Victim . 210

5.2.6 Legal Provision for Compensation Remedies and Rehabilitation of Victims

of Illicit Drugs in Nigeria 212

5.2.7 The National Drug Law Enforcement Agency Act. 213

5.2.8 The Criminal Code 216

5.2.10 The Penal Code 217

5.2.11 The Administration of Criminal Justice Act, 2015 218

5.3 Why Nigeria Needs a Comprehensive Legal Regime on Compensation For

Victims of Drug Crimes 221

CHAPTER SIX 227

6.0 SUMMARY, CONCLUSION AND RECOMMENDATIONS 227

6.1 Summary 227

6.2 Conclusion 231

6.3 Findings 232

6.4 Recommendations 239

6.4.1 The National Assembly 239

6.4.2 The Federal High Court 245

6.4.3 The NDLEA 245

6.4.4 The Federal Government of Nigeria 246

6.4.5 The United Nations 248

BIBLIOGRAPHY 250

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