This article constitutes an attempt to reexamine a crucial issue of legal theory from the perspective of philosophy of language and of social ontology: by analyzing a jurisprudential case recently decided by the U.S. Supreme Court, we explain how Searle's account on rules in The Construction of Social Reality constitutes an important starting point for the clarification of the old jurisprudential debate between conventionalism and interpretivism. In a nutshell, we show that Searle's framework, while strictly conventionalist, makes it possible to (...) conceive of the distinction between the semantic content of rules and their extension, by drawing a parallel with the idea of “deep conventions” as well as with the semantic conventions in natural language. The paper thus touches on the broader problem of the relations between legal concepts and nonlegal values. (shrink)

My argument will proceed as follows. I will first sketch out the broad internalist case for pitching its normative account of sport in the abstract manner that following Dworkin’s lead in the philosophy of law its adherents insist upon. I will next show that the normative deficiencies in social conventions broad internalists uncover are indeed telling but misplaced since they hold only for what David Lewis famously called ‘coordinating’ conventions. I will then distinguish coordinating conventions from deep ones and make (...) my case not only for the normative salience of deep conventions but for their normative superiority over the abstract normative principles broad internalists champion. (shrink)

Dworkin’s famous argument from legal disagreements poses a problem for legal positivism by undermining the idea that the law can be (just) the result of the practice and attitudes of norm-applying officials. In recent work, the chapter author argued that a hybrid contextualist theory paired with a dispositional theory of value—a hybrid dispositionalism, for short—offers the resources to respond to similar disagreement- based arguments in other evaluative and normative domains. This chapter claims that the theory the author advocates can extend (...) to legal statements and disputes, and shares some important features with Toh’s (2011) idea that legal statements express shared acceptance of norms. The chapter proposes that a contextualist semantics for legal statements paired with the pragmatic communication of implicatures that express shared acceptances of norms, achieves the same goal that Toh aims at. (shrink)

This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or entity (...) identified by reference to game theory and the philosophical idea of “convention” as the source of signals with which the subject population has become effectively locked, as a group, into conformity. (shrink)

I argue that all rights exist by convention. According to my definition, a right exists by convention just in case its justification appeals to the rules of a socially shared pattern of acting. I show that our usual justifications for rights are circular, that a right fulfills my criterion if all possible justifications for it are circular, and that all existing philosophical justifications for rights are circular or fail. We find three non-circular alternatives in the literature, viz. justifications of rights (...) by consequences, by autonomy or by divine commands. I show that all three alternatives fail, and I conclude that all rights exist by convention. This ontological result has a surprising and beneficial consequence. A common argument against conventionalism is that it implies cultural relativism. I finish by showing that the suggested conventionalism is incompatible with cultural relativism. (shrink)

ABSTRACTWilliam Morgan presents two diametrically opposed normative conceptions of sport and athletic excellence from late nineteenth/early twentieth-century British and American athletes. He claims that this example shows that the normative theory of sport presented by broad internalism is false or at least inadequate. As an alternative, he presents the concept of deep conventions, which, he claims, can successfully adjudicate such normative disputes. I argue that Morgan’s counterexample is not nearly so decisive against broad internalism as it might seem and that (...) his own solution, deep conventionalism does no better in solving the dispute and suffers from further issues of its own. (shrink)

This paper defends a moralized account of conventions, according to which conventional practices are necessarily normative reasons that are ultimately grounded on moral principles . It argues that a convention exists just in case the fact that others participate in some common practice as well as facts about their motivating reasons for doing so, justify conformity to that practice. The paper locates this moralized account within the relevant philosophical literature and argues that it does better than its rivals in explaining (...) the presence of both motivating and normative reasons in our concept of convention. (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)

This article provides a critical examination of Ken Binmore’s theory of the social contract in light of philosophical discussions about moral naturalism and moral conventionalism. Binmore’s account builds on the popular philosophical device of the original position but gives it a naturalistic twist. I argue that this makes it vulnerable to moral skepticism. I explore a possible answer to the moral skeptic’s challenge, building on the fact that Binmore’s account displays a variant of moral conventionalism. I ultimately conclude however that (...) the conventionalist answer leads to a purely behaviorist view of morality, which implies that there is nothing special about morality and fairness norms. I propose alternative interpretations of conventionalism. These accounts escape most of the difficulties because they place emphasis on the reasons that establish a moral convention. (shrink)

Current debates in social ontology are dominated by approaches that view institutions either as rules or as equilibria of strategic games. We argue that these two approaches can be unified within an encompassing theory based on the notion of correlated equilibrium. We show that in a correlated equilibrium each player follows a regulative rule of the form ‘if X then do Y’. We then criticize Searle's claim that constitutive rules of the form ‘X counts as Y in C’ are fundamental (...) building blocks for institutions, showing that such rules can be derived from regulative rules by introducing new institutional terms. Institutional terms are introduced for economy of thought, but are not necessary for the creation of social reality. (shrink)

The main goal of this paper is to argue that Anglo-American philosophy and Continental philosophy should work together within the arena of the philosophy of sport. To do so, the concept “communicative community”, which is found in Habermas’ and Apel’s discursive ethics, will be analyzed and applied to sports. As several authors, such as Raúl Sebastian Solanes, Robert L. Simon and William J. Morgan, have done this task before, I will critically analyze their proposals. In so doing, I will show (...) that in order to make sense of contemporary sports we need a more integrative communicative sporting community than the ones proposed so far in the literature. (shrink)

Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...) descriptivist, “rule-relational” semantics combined with a pragmatic account of the expressive and practical functions of legal discourse. We argue that this approach is at least as well-equipped as expressivism to explain the motivational and prescriptive features of “internal” legal statements, as well as a fundamental kind of legal disagreement, while being better positioned to account for various “external” uses of the same language. We develop this theory in a Hartian framework, and in the final part of the paper argue (particularly against Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along such quasi-expressivist lines. (shrink)

This dissertation is a contribution to the philosophy of language. Its central question is: In virtue of which facts do linguistic expressions mean what they do? E.g. why does “apple” mean apple in English? The question receives a systematic answer; in short: Linguistic expressions mean what they do because among their users, there are linguistic conventions and social norms to use and understand them in certain ways. The answer is clarified and defended as a central thesis. For in this form, (...) it is at best a slogan: What is meaning? What is it to use and understand expressions? What are conventions and social norms anyway? How does the use and understanding determine meaning? The goal of the dissertation consists in answering these questions. (shrink)

Authority figures permeate our daily lives, particularly, our political lives. What makes authority legitimate? The current debates about the legitimacy of authority are characterised by two opposing strategies. The first establish the legitimacy of authority on the basis of the content of the authority’s command. That is, if the content of the commands meet some independent normative standard then they are legitimate. However, there have been many recent criticisms of this strategy which focus on a particular shortcoming – namely, its (...) seeming inability to account for who can legitimately command whom. This is the basis of the second strategy, which attempts to characterize the normative relationship that underlies and makes possible authoritative commands. The central point of Part I is that these two strategies are, in fact, not opposed and both raise questions which a theory of legitimacy must answer. If this is the case, then we need to ask: how ought we to determine the legitimacy both of the content of commands as well as who can command whom? Part II will answer this question. Starting with the question of standing, I argue that we ought not to look for normative principles outside of the institutions in which authority is embedded. Rather, one ought to start by elaborating the ontology of institutions in which a sui generis form of normativity arises. A joint commitment account of social ontology provides the tools necessary to see how the direction obligations emerge concurrently with the formation of institutions. Similarly, the question of content can be answered by paying close attention to the social ontology of institutions. We need not look beyond the internal constitutive standards of the institution itself. The constitutive standards provide an internal criterion by which the legitimacy of commands can be established. (shrink)

En este artículo, defendemos que se ha producido una inversión del platonismo a la base de la filosofía del deporte, similar a la acaecida en el ámbito de la filosofía occidental. Para ello, exponemos a qué nos referimos con el platonismo en la filosofía del deporte. Más adelante, explicamos qué significa invertir el platonismo a raíz tanto de Nietzsche como de Heidegger. Tras ello, identificamos cuáles son los autores que han provocado tal cambio en la filosofía del deporte, a saber: (...) los filósofos dionisíacos. Por último, mostramos cómo con sus propuestas dionisíacas producen un acabamiento de la tradición internalista, para defender que éste es el paso inicial en la tarea de proponer una hermenéutica del deporte. (shrink)