The aim of this paper is to show that the meaning and significance of legal evidence is being constituted throughout the course of a singular instance of legal proceedings. This is to be achieved by describing what legal agents _do_ while appealing to different propositions of fact and inferring from them throughout the course of legal proceedings. The authors claim that the process of applying the law is ultimately rooted in the inferential discursive practices of exchanging reasons on the part (...) of the participants of legal proceedings. Therefore, they set forth a model of legal proceedings that consists of an interplay between three types of reasons, which are exchanged by the participants of legal proceedings: i.e. legal reasons, epistemic reasons and stake reasons. To illustrate this interplay, the authors deploy a metaphor of law as a game, and provide a description of legal proceedings as a particular instance of playing a game of law. The conclusion is that the legal concept of evidence is (at least in part) constituted by the role that evidence plays in affecting which reasons for action the participants to legal proceedings choose to act on. The other final assumption of this paper is metatheoretical: authors want to show that when analyzing what legal evidence is, one should begin from the perspective of a singular instance of legal proceedings, rather than from the perspective of law in general. (shrink)

We have taken a look at the rules of games in order to acquire some knowledge concerning constitutive rules and, probably, institutional phenomena in general. In this paper we tried to elaborate a system account of constitutive rules. We claim that all accounts that put emphasis on the form of rules are vulnerable. It appears that constitutive rules are interconnected and always form a system that can be internally differentiated. Thanks to adopting certain qualitative criterion we were able to distinguish (...) central and peripheral constitutive rules. Moreover, that very account makes it possible to distinguish between different types of practices that are determined by types of systems of rules. Secondly, it appears there are three “layers” of games that should not be confused: deep conventions, constitutive rules that establish the game and determine games’ identities, and “rules of efficiency” that are some sort of recommendations as to how to play well. (shrink)

In regard to the explanation of actions that are governed by institutional rules, John R. Searle introduces the notion of a mental “background” that is supposed to explain how persons can acquire the capacity of following such rules. I argue that Searle’s internalism about the mind and the resulting poverty of his conception of the background keep him from putting forward a convincing explanation of the normative features of institutional action. Drawing on competing conceptions of the background of Heidegger and (...) Wittgenstein, I propose to revise Searle’s conception. The background of institutional agency can only provide a convincing explanation if it includes the context of actions and intersubjective structures of a shared life-world. I suggest that a further development of this idea would lead to the identification of the background with a web of social recognition. (shrink)

This paper argues that the literal meaning of words in a natural language is less conventional than usually assumed. Conventionality is defined in terms that are relative to reasons; norms that are determined by reasons are not conventions. The paper argues that in most cases, the literal meaning of words—as it applies to their definite extension—is not conventional. Conventional variations of meaning are typically present in borderline cases, of what I call the extension-range of literal meaning. Finally, some putative and (...) one or two genuine exceptions are discussed. (shrink)

The Routledge Handbook of the Philosophy of Sport is a landmark publication in sport studies. It goes further than any book has before in tracing the contours of the discipline of the philosophy of sport and in surveying the core themes, approaches and theories that form its disciplinary fabric. The book explores the ways in which an understanding of philosophy can inform our understanding of important prevailing issues in sport. Edited by two of the most significant figures in the development (...) of the philosophy of sport, Mike McNamee and Bill Morgan, and with contributions from many of the world’s leading sport philosophers, this is an invaluable companion reference volume for any course in the social scientific study of sport, and an essential addition to the bookshelf of any serious scholar of the philosophy and/or ethics of sport. (shrink)

In contemporary epistemology, recent attempts have been made to resist the notion of epistemic blame. This view, which I refer to as ‘epistemic blame skepticism,’ seems to challenge the notion of epistemic blame by reducing apparent cases of the phenomenon to examples of moral or practical blame. The purpose of this paper is to defend the notion of epistemic blame against a reductionist objection to epistemic blame, offered by Trent Dougherty in “Reducing Responsibility.” This paper will object to Dougherty’s position (...) by examining an account in favour of epistemic blame and demonstrate concerns over the reductionist methodology employed by Dougherty to argue for his sceptical position. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 89-107.

The most influential theory of law in current analytic legal philosophy is legal positivism, which generally understands law to be a kind of institution. The most influential theory of institutions in current analytic social philosophy is that of John Searle. One would hope that the two theories are compatible, and in many ways they certainly are. But one incompatibility that still needs ironing out involves the relation of the social rule that undergirds the validity of any legal system (H.L.A. Hart's (...) rule of recognition) to Searle's notion of codification: the idea that institutions need official declarations of their constitutive rules in order to enjoy the full benefits of institutions. The incompatibility arises from the fact that, in order to do its institutional work, the basic validity rule must be codified in Searle's sense—yet, given the particular role it has in legal positivism, it may be impossible to codify in the Searlean sense. In this paper I develop the incompatibility in detail, consider and reject consigning the basic validity rule to Searle's “Background” capacities that support institutional facts, and conclude that the best route to eliminating it while doing a minimum of damage to the two theories is to make a slight emendation to Searle's theory of institutions. (shrink)

In order to show the validity of here proposed conception of social ontology and its advantages over descriptive theories of social reality, which in the analysis of the socio-ontological status of human rights find only legally understood normativity as present in social reality, we will first lay out Searle’s interpretation of human rights. In the second step, we will introduce the methodical approach and basic concepts of our socio-ontological position, and explain the structure of the relationship between justice, law, morality, (...) social institutions and collective intentionality. At the end we will show how our theory of social ontology is better than Searle’s legal positivism in examining the ontological status of human rights. At the end, we show in what ways such a theory of social ontology more intuitively and with wider arguments explains the ontological status of institution of human rights than Searle’s legal positivism. (shrink)

Why should we obey the rules that constitute a code of conduct? If a rule is justified by conclusive moral reasons, then those reasons are sufficient, from a rational point of view (rather than, sa...

This paper offers a critical assessment of the way the influential “conception of law as a shared activity” explains the normative component of law in general and legal obligation in particular. I argue that the conception provides a bipartite account of legal obligation: we have full-blooded legal obligation, carrying genuine practical force, and legal obligation in a perspectival sense, the purpose of which is not to engage with us in practical reasoning, but simply to state what we ought to do (...) if we should take the perspective of individuals subject to the jurisdiction of the legal system. This structural feature makes the whole account disjointed, giving it a lack of unity from which stem what I take to be its three main problems, namely, its limited scope, its failure to recognize the moral features of obligation when made to arise out of law as a shared activity, and its failure to illustrate the sense in which law is widely recognized to be a practical institution. (shrink)