The author's starting point is Bobbio's theoretical approach to the problems of the relations between law and reason. He then appraises the meanings of reason and the concept of theoretical and practical rationality in the application of law. He examines the complex problem of the rationality of legislation and distinguishes five levels of rationality.

In this paper, I explore the relationship between epistemic rationality and instrumental rationality, and I attempt to delineate their respective roles in typical instances of theoretical reasoning. My primary concern is with the instrumentalist conception of epistemic rationality: the view that epistemic rationality is simply a species of instrumental rationality, viz. instrumental rationality in the service of one's cognitive or epistemic goals. After sketching the relevance of the instrumentalist conception to debates over naturalism and 'the ethics of belief', I argue (...) that, despite enjoying considerable popularity among both epistemologists and philosophers of science, it is ultimately indefensible. Having thus argued for the distinctness of epistemic and instrumental rationality, I attempt to clarify the role played by each in typical instances of theoretical reasoning. I suggest that being theoretically rational--that is, being proficient with respect to theoretical reasoning--is best construed as a hybrid virtue, inasmuch as it involves manifesting sensitivity to two very different kinds of reasons. (shrink)

There is an idea, going back to Aristotle, that reasons for action can be understood on a parallel with reasons for belief. Not surprisingly, the idea has almost always led to some form of inferentialism about reasons for action. In this paper I argue that reasons for action can be understood on a parallel with reasons for belief, but that this requires abandoning inferentialism about reasons for action. This result will be thought paradoxical. It is generally assumed that if there (...) is to be a useful parallel, there must be some such thing as a practical inference. As we shall see, that assumption tends to block the fruitful exploration of the real parallel. On the view I shall defend, the practical analogue of an ordinary inference is not an inference, but something I shall call a practical step. Nevertheless, the practical step will do, for a theory of reasons for action, what ordinary inference does for an inferentialist theory of reasons for belief. The result is a general characterization of reasons, practical and theoretical, in terms of the correctness conditions of the relevant sorts of step. (shrink)

We have conflicting pre-philosophical intuitions about what it means ‘to be true to ourselves.’ On the one hand, autonomy and authenticity seem closely connected to the lucidity of reflectiveness; on the other, they seem tightly interwoven with the immediacy of unreflectiveness. As opposed to a ‘Platonic’ intuition about the inferiority of the unexamined life, we have an equally strong ‘Nietzschean’ intuition about the corrosiveness of the examined life. Broadly speaking, the first intuition is more akin to the tradition of the (...) Enlightenment, and the second, more to that of Romanticism; the one is reminiscent of Descartes and Hume, the other of Rousseau and Herder.The use of the technical term ‘autonomy’ and the concomitant term ‘self’ is primarily limited to philosophy, while in daily life ‘freedom’ and ‘person,’ respectively, are used instead. Unfortunately, in their deployment of these technical terms philosophers have generally failed to acknowledge the two modes of ‘being true to ourselves’ associated with the Enlightenment and Romanticism, for they usually employ the concept of autonomy in a unitary way. (shrink)

On the question of the conclusion of a piece of practical reasoning, few have been willing to follow Aristotle's lead. He said the conclusion was an action. These days, the conclusion is usually described either as a proposition about what one ought to do, or as a psychological state or event, such as a decision to do something, an intention to do something, or a belief about what one ought to do. Why favor these options over the action-as-conclusion view? By (...) far the most oft-repeated answer is that these views, unlike Aristotle's, can accommodate the case in which a conclusion is drawn but not acted upon. The conclusion cannot be an action, it is said, because it is possible to reach a conclusion about what to do without doing the action. My thesis is that this objection fails, and that as a consequence no radical departure from Aristotle's proposal is warranted. (shrink)