What does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in this volume leads to a new approach to traditional jurisprudential question, though the conclusions are based on a critical appraisal, particularly those of Bentham, Austin, Kelsen, and Hart.

Bertrand Russell was one of the greatest logicians since Aristotle, and one of the most important philosophers of the past two hundred years. As we approach the 125th anniversary of the Nobel laureate's birth, his works continue to spark debate, resounding with unmatched timeliness and power. The Problems of Philosophy, one of the most popular works in Russell's prolific collection of writings, has become core reading in philosophy. Clear and accessible, this little book is an intelligible and stimulating guide to (...) those problems of philosophy which often mistakenly lead to its status as too lofty and abstruse for the lay mind. Focusing on problems he believes will provoke positive and constructive discussion, Russell concentrates on knowledge rather than metaphysics, steering the reader through his famous 1910 distinction between "knowledge by acquaintance and knowledge by description," and introducing important theories of Descartes, Kant, Hegel, Hume, Locke, Plato, and others to lay the foundation for philosophical inquiry by general readers and scholars alike.With a new introduction by John Perry, this valuable work is a perfect introduction to the field and will continue to stimulate philosophical discussion as it has done for nearly forty years. (shrink)

Gender is the social meaning of a person’s sex, and race is the social meaning of a person’s color. This paper reviews some accounts of these social meanings. It is argued that there are important differences between race and gender that count against treating them as parallel.

The renowned philosopher John Searle reveals the fundamental nature of social reality. What kinds of things are money, property, governments, nations, marriages, cocktail parties, and football games? Searle explains the key role played by language in the creation, constitution, and maintenance of social reality. We make statements about social facts that are completely objective, for example: Barack Obama is President of the United States, the piece of paper in my hand is a twenty-dollar bill, I got married in London, etc. (...) And yet these facts only exist because we think they exist. How is it possible that we can have factual objective knowledge of a reality that is created by subjective opinions? This is part of a much larger question: How can we give an account of ourselves, with our peculiar human traits DS mind, reason, freedom, society - in a world that we know independently consists of mindless, meaningless particles? How can we account for our social and mental existence in a realm of brute physical facts? In answering this question, Searle avoids postulating different realms of being, a mental and a physical, or worse yet, a mental, a physical, and a social. There is just one reality: Searle shows how the human reality fits into that one reality. Mind, language, and civilization are natural products of the basic facts of the physical world described by physics, chemistry and biology. Searle explains how language creates and maintains the elaborate structures of human social institutions. These institutions serve to create and distribute power relations that are pervasive and often invisible. These power relations motivate human actions in a way that provides the glue that holds human civilization together. Searle shows how this account illuminates human rationality, free will, political power, and human rights. Our social world is a world created and maintained by language. (shrink)

The Problems of Philosophy is a 1912 book by Bertrand Russell, in which Russell attempts to create a brief and accessible guide to the problems of philosophy. Focusing on problems he believes will provoke positive and constructive discussion, Russell concentrates on knowledge rather than metaphysics: If it is uncertain that external objects exist, how can we then have knowledge of them but by probability. There is no reason to doubt the existence of external objects simply because of sense data. Russell (...) guides the reader through his famous 1910 distinction between knowledge by acquaintance and knowledge by description and introduces important theories of Plato, Aristotle, René Descartes, David Hume, John Locke, Immanuel Kant, Georg Wilhelm Friedrich Hegel and others to lay the foundation for philosophical inquiry by general readers and scholars alike. "In the following pages I have confined myself in the main to those problems of philosophy in regard to which I thought it possible to say something positive and constructive, since merely negative criticism seemed out of place. For this reason, theory of knowledge occupies a larger space than metaphysics in the present volume, and some topics much discussed by philosophers are treated very briefly, if at all. (shrink)

Whether a predicate is a referential expression depends upon what reference is conceived to be. Even if it is granted that reference is a relation between words and worldly items, the referents of expressions being the items to which they are so related, this still leaves considerable scope for disagreement about whether predicates refer. One of Frege's great contributions to the philosophy of language was to introduce an especially liberal conception of reference relative to which it is unproblematic to suppose (...) that predicates are referring expressions. According to this liberal conception, each significant expression in a language has its own distinctive semantic role or power, a power to effect the truth-value of the sentences in which it occurs. (shrink)

This collection of essays by one of the most prominent and internationally respected philosophers of action theory is concerned with deepening our understanding of the notion of intention. In Bratman's view, when we settle on a plan for action we are committing ourselves to future conduct in ways that help support important forms of coordination and organization both within the life of the agent and interpersonally. These essays enrich that account of commitment involved in intending, and explore its implications for (...) our understanding of temptation and self-control, shared intention and shared cooperative activity, and moral responsibility. The essays offer extensive discussions of related views by, among others, Donald Davidson, Hector-Neri Castañeda, Christine Korsgaard, Harry Frankfurt, and P. F. Strawson. This collection will be a valuable resource for a wide range of philosophers and their students. (shrink)

On normative order -- On institutional order-- Law and the constitutional state -- A problem : rules or habits? -- On persons -- Wrongs and duties -- Legal positions and relations : rights and obligations -- Legal relations and things : property -- Legal powers and validity -- Powers and public law : law and politics -- Constraints on power : fundamental rights -- Criminal law and civil society : law and morality -- Private law and civil society : law (...) and economy -- Positive law and moral autonomy -- On law and justice -- Law and values : reflections on method. (shrink)

The paper criticizes epistemological conceptions of analytic or conceptual truth, on which assent to such truths is a necessary condition of understanding them. The critique involves no Quinean scepticism about meaning. Rather, even granted that a paradigmatic candidate for analyticity is synonymy with a logical truth, both the former and the latter can be intelligibly doubted by linguistically competent deviant logicians, who, although mistaken, still constitute counterexamples to the claim that assent is necessary for understanding. There are no analytic or (...) conceptual truths in the epistemological sense. The critique is extended to purportedly analytic inference rules. An alternative account is sketched on which understanding a word is a matter of participation in a linguistic practice, while synonymy and concept identity consist in sameness of truth-conditional semantic properties. Although there are philosophical questions about concepts, the idea that philosophical questions in general are conceptual questions generates only an illusion of insight into philosophical methodology. (shrink)

Many philosophers regard collective behavior and attitudes as the ground of the whole of social reality. According to this popular view, society is composed basically of collective intentions and cooperative behaviors; this is so both for informal contexts involving small groups and for complex institutional structures. In this article, I challenge this view, and propose an alternative approach, which I term institutional externalism. I argue that institutions are characterized by the tendency to defer to elements that are external to the (...) content of collective intentions—such as laws, declarations, and contracts. According to institutional externalism, those elements are the grounds of institutional statutes, rights, and duties. (shrink)

It is often noted that institutional objects and artifacts depend on human beliefs and intentions and so fail to meet the realist paradigm of mind-independent objects. In this paper I draw out exactly in what ways the thesis of mind-independence fails, and show that it has some surprising consequences. For the specific forms of mind-dependence involved entail that we have certain forms of epistemic privilege with regard to our own institutional and artifactual kinds, protecting us from certain possibilities of ignorance (...) and error; they also demonstrate that not all cases of reference to these kinds can proceed along a causal model. As a result, realist views in ontology, epistemology, and semantics that were developed with natural scientific kinds in mind cannot fully apply to the everyday world. In closing I consider some wider consequences of these results for social science and philosophy. (shrink)

It is often noted that institutional objects and artifacts depend on human beliefs and intentions and so fail to meet the realist paradigm of mind‐independent objects. In this paper I draw out exactly in what ways the thesis of mind‐independence fails, and show that it has some surprising consequences. For the specific forms of mind‐dependence involved entail that we have certain forms of epistemic privilege with regard to our own institutional and artifactual kinds, protecting us from certain possibilities of ignorance (...) and error; they also demonstrate that not all cases of reference to these kinds can proceed along a purely causal model. As a result, realist views in ontology, epistemology, and semantics that were developed with natural scientific kinds in mind cannot fully apply to the kinds of the social and human sciences. In closing I consider some wider consequences of these results for social science and philosophy. (shrink)

Temporal externalists argue that ascriptions of thought and utterance content can legitimately reflect contingent conceptual developments that are only settled after the time of utterance. While the view has been criticized for failing to accord with our “ordinary linguistic practices”, such criticisms (1) conflate our ordinary ascriptional practices with our more general beliefs about meaning, and (2) fail to distinguish epistemically from pragmatically motivated linguistic changes. Temporal externalism relates only to the former sort of changes, and the future usage relevant (...) to what we mean reflects reason-driven practices that are rational for us to defer to. (shrink)

Theorists analyzing the concepts of race and gender disagree over whether the terms refer to natural kinds, social kinds, or nothing at all. The question arises: what do we mean by the terms? It is usually assumed that ordinary intuitions of native speakers are definitive. However, I argue that contemporary semantic externalism can usefully combine with insights from Foucauldian genealogy to challenge mainstream methods of analysis and lend credibility to social constructionist projects.

Across the humanities and social sciences it has become commonplace for scholars to argue that categories once assumed to be “natural” are in fact “social” or, in the familiar lingo, “socially constructed”. Two common examples of such categories are race and gender, but there many others. One interpretation of this claim is that although it is typically thought that what unifies the instances of such categories is some set of natural or physical properties, instead their unity rests on social features (...) of the items in question. Social constructionists pursuing this strategy—and it is these social constructionists I will be focusing on in this paper—aim to “debunk” the ordinary assumption that the categories are natural, by revealing the more accurate social basis of the classification.2 To avoid confusion, and to resist some of the associations with the term ‘social construction’, I will sometimes use the term ‘socially founded’ for the categories that this sort of constructionist reveals as social rather than natural. (shrink)

This book offers original accounts of a number of central social phenomena, many of which have received little if any prior philosophical attention. These phenomena include social groups, group languages, acting together, collective belief, mutual recognition, and social convention. In the course of developing her analyses Gilbert discusses the work of Emile Durkheim, Georg Simmel, Max Weber, David Lewis, among others.

What does woman mean? According to two competing views, it can be seen as a sex term or as a gender term. Recently, Jennifer Saul has put forward a contextualist view, according to which woman can have different meanings in different contexts. The main motivation for this view seems to involve moral and political considerations, namely, that this view can do justice to the claims of trans women. Unfortunately, Saul argues, on further reflection the contextualist view fails to do justice (...) to those moral and political claims that motivated the view in the first place. In this article I argue that there is a version of the contextualist view that can indeed capture those moral and political aims, and in addition, I use this case to illustrate an important and more general claim, namely, that moral and political considerations can be relevant to the descriptive project of finding out what certain politically significant terms actually mean. (shrink)

What does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in this volume leads to a new approach to traditional jurisprudential question, though the conclusions are based on a critical appraisal, particularly those of Bentham, Austin, Kelsen, and Hart.

What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so (...) as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. -/- This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities. (shrink)

This book addresses fundamental questions about marriage in moral and political philosophy. It examines promise, commitment, care, and contract to argue that marriage is not morally transformative. It argues that marriage discriminates against other forms of caring relationships and that, legally, restrictions on entry should be minimized.

Semantic externalism is the view that the meanings of referring terms, and the contents of beliefs that are expressed by those terms, are not fully determined by factors internal to the speaker but are instead bound up with the environment. The debate about semantic externalism is one of the most important but difficult topics in philosophy of mind and language, and has consequences for our understanding of the role of social institutions and the physical environment in constituting language and the (...) mind. In this long-needed book, Jesper Kallestrup provides an invaluable map of the problem. Beginning with a thorough introduction to the theories of descriptivism and referentialism and the work of Frege and Kripke, Kallestrup moves on to analyse Putnam’s Twin Earth argument, Burge’s arthritis argument and Davidson’s Swampman argument. He also discusses how semantic externalism is at the heart of important topics such as indexical thoughts, epistemological skepticism, self-knowledge, and mental causation. Including chapter summaries, a glossary of terms, and an annotated guide to further reading, _Semantic Externalism_ an ideal guide for students studying philosophy of language and philosophy of mind. (shrink)

The purpose of this book -- Intentionality -- Collective intentionality and the assignment of function -- Language as biological and social -- The general theory of institutions and institutional facts: -- Language and social reality -- Free will, rationality, and institutional facts -- Power : deontic, background, political, and other -- Human rights -- Concluding remarks : the ontological foundations of the social sciences.

This chapter aims to provide materials with which to substantiate the claim that, under the appropriate circumstances, the notion of analyticity can help explain how one might have a priori knowledge even in the strong sense. It argues that Implicit Definition, properly understood, is completely independent of any form of irrealism about logic. The chapter defends the thesis of Implicit Definition against Quine's criticisms, and examines the sort of account of the apriority of logic that this doctrine is able to (...) provide. The chapter shows that, against the background of a rejection of indeterminacy, its insolubility cannot be conceded. It also argues that neither a non‐factualism about Frege‐analyticity, nor an error thesis about it, can plausibly fall short of an outright rejection of meaning itself. The chapter shows how the doctrine that appears to offer the most promising account of how we grasp the meanings of the logical constants. (shrink)

Externalism with regard to mental content says that in order to have certain types of intentional mental states (e.g. beliefs), it is necessary to be related to the environment in the right way.

‘Natural kind essentialism’—here defined as the view that (i) the existence of natural kinds is a mind- and theory-independent matter, (ii) their essences are intrinsic, and (iii) they have a hierarchical structure—is commonly thought to be justified by appeal to Kripke–Putnam semantics, according to which propositions like ‘water is H20’ are necessary a posteriori. This chapter argues that the Kripke–Putnam semantics is in fact compatible with the denial of each of the three tenets of natural kind essentialism. The basic argument (...) is that, assuming the range of natural kinds goes beyond those kinds for which we have vernacular names, deference to scientific theories is required in fixing the reference of natural kind terms. That those theories describe mind- and theory-independent reality, and that they do not admit a non-hierarchical structure for the categories they deploy, are theses that are independent of anything derivable from Kripke–Putnam semantics itself. (shrink)

Creations of the Mind: Essays on Artifacts and their Representation, ed. Stephen Laurence and Eric Margolis, Oxford: Oxford University Press, 2007.