There are three main views of laws:
Humeanism: Laws are a summing up of the most important patterns
in the arrangement of things in spacetime.
Nomism: Laws are necessary relations between universals.
Powerism: Laws are grounded in the essential powers of
things.
The deficiencies of Humeanism are well known. There are also
deficiencies in nomism and powerism, and I want to focus on two.
The first is that they counterintuitively imply that laws are
metaphysically necessary. This is well-known.
The second is perhaps less well-known. Nomism and powerism work great
for fundamental laws, and for those non-fundamental laws that are
logical deductions from the fundamental laws. But there is a category of
non-fundamental laws, which I will call impure laws, which are
not derivable solely from the fundamental laws, but from the fundamental
laws conjoined with certain facts about the arrangement of things in
spacetime.
The most notorious of the impure laws is the second law of
thermodynamics, that entropy tends to increase. To derive this from the
fundamental laws, we need to add some fact about the initial conditions,
such as that they have a low entropy. The nomic relations between
universals and the essential powers of things do not yield the second
law of thermodynamics unless they are combined with facts about which
universals are instantiated or which things with which essential powers
exist.
A less obvious example of an impure law seems to be conservation of
energy. The necessary relations between universals will tell us that in
interactions between things with precisely such-and-such universals
energy is conserved. And it might well be that the physical things in
our world only have these kinds of energy-conserving universals. But
things whose universals don’t conserve energy are surely metaphysically
possible, and the fact that such things don’t exist is a contingent
fact, not grounded in the necessary relations between universals.
Similarly, substances with causal powers that do not conserve energy are
metaphysically possible, and the non-existence of such things is at best
a contingent fact. Thus, to derive the law of conservation of energy, we
need not only the fundamental laws grounded in relations between
universals or essential powers, but we also need the contingent fact
that conservation-violators don’t exist.
Finally, the special sciences (geology, biology, etc.) are surely full of
impure laws. Some of them perhaps even merely local ones.
One might bite the bullet and say that the impure laws are not laws
at all. But that makes the nomist and powerist accounts inadequate to
how “law” gets used in science.
The Humean stands in a different position. If they can account for
fundamental laws, impure laws are easy, since the additional grounding
is precisely a function of patterns of arrangement. The Humean’s
difficulty is with the fundamental laws.
There is a solution, and this is for the nomist and powerist to say
that “law of nature” is spoken in many ways, analogically. The primary
sense is the fundamental laws that the theories nicely account for. But
there are also non-fundamental laws. The pure ones are logical
consequences of the fundamental laws, and the impure ones are
particularly important consequences of the fundamental laws conjoined
with important patterns of things in nature. In other words, impure laws
are to be accounted for by a hybrid of the non-Humean theory and the
Humean theory.
Now let’s come back to the other difficulty: the necessity worry. I
submit that our intuitions about the contingency of laws of nature are
much stronger in the case of impure laws than fundamental laws or pure
non-fundamental laws. It is not much of a bullet to bite to say that
matching charges metaphysically cannot attract—it is quite plausible
that this is explained by thevery nature of charge. It is the impure
laws where contingency is most obvious: it is metaphysically possible
for entropy to decrease (funnily enough, many Humeans deny this, because
they define the direction of time in terms of the increase of entropy),
and it is metaphysically possible for energy conservation to be
violated. But on our hybrid account, the contingency of impure laws is
accounted for by the Humean element in them.
Of course, we have to check whether the objections to Humeanism apply
to the hybrid theory. Perhaps the most powerful objection to a Humean
account of laws is that it only sums up and does not explain. But the
hybrid theory can explain, because it doesn’t just sum up—it
also cites some fundamental laws. Moreover, it may be the case that the
patterns that need to be added to get the impure laws could be initial
conditions, such as that the initial entropy is law or that no
conservation-violators come into existence. But fundamental law plus
initial conditions is a perfectly respectable form of
explanation.