This essay argues that legal efficacy understood as existent binding force and as dominance of a system of coercion vis-à-vis competing systems is not strictly a matter of fact, but involves what can be termed justified normativity in a factual context. The argument is divided into four sections. The first three sections describe different dimensions of a normative concept of legal efficacy applied to legal systems: efficacy as persuasiveness, as indirect communication, and as constitutive obedience. The final section focuses on (...) the efficacy of individual norms and adds a new criterion – membership – which establishes a multi-layered test of efficacy. (shrink)

I argue that metaethicists should be concerned with two kinds of alienation that can result from theories of normativity: alienation between an agent and her reasons, and alienation between an agent and the concrete others with whom morality is principally concerned. A theory that cannot avoid alienation risks failing to make sense of central features of our experience of being agents, in whose lives normativity plays an important role. The twin threats of alienation establish two desiderata for theories of normativity; (...) however, I argue that they are difficult to jointly satisfy. (shrink)

Social norms forbidding rape jokes, blackface, and flag-burning exemplify a peculiar form of etiquette, which I call political etiquette. Just as compliance with ordinary etiquette expresses respect for the other individuals involved in a social encounter, compliance with political etiquette expresses respect for social groups. In this paper, I propose that we understand political etiquette as a system of conventions whereby we indicate our commitment to treating vulnerable social groups in accordance with their rightful status. Because we have a standing (...) obligation to assure all members of our community that their rightful social status will be respected, we have a powerful moral reason to conform with all existing political etiquette norms whose target social groups lack such assurance, even when compliance with these norms is not antecedently morally valuable. Alongside our moral reasons to comply with some existing political etiquette norms, we also have moral reasons to fortify good political etiquette norms and to reform or erode bad ones. (shrink)

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

From a logical point of view, permissibility can be reduced to possibility by introducing demands which can be met. The alleged reduction is circular from a philosophical perspective, however, because demands are fundamentally deontic. This paper solves this problem by replacing demands which can be met with rules which can be satisfied and violated.

The purely retributive moral justification of punishment has a gap at its centre. It fails to explain why the offender should not be protected from punishment by the intuitively powerful moral idea that afflicting another person (other than to avoid a greater harm) is always wrong. Attempts to close the gap have taken several different forms, and only one is discussed in this paper. This is the attempt to push aside the ‘protecting’ intuition, using some more powerful intuition specially invoked (...) by the situations to which criminal justice is addressed. In one aspect of his complex defence of pure retributivism, Michael S. Moore attempts to show that the emotions of well-adjusted persons provide evidence of moral facts which justify the affliction of culpable wrongdoers in retribution for their wrongdoing. In particular, he appeals to the evidential significance of emotions aroused by especially heinous crimes, including the punishment-seeking guilt of the offender who truly confronts the reality of his immoral act. The paper argues that Moore fails to vindicate this appeal to moral realism, and thus to show that intrinsic personal moral desert (as distinct from ‘desert’ in a more restricted sense, relative to morally justified institutions) is a necessary and sufficient basis for punishment. Other theories of the role of emotions in morality are as defensible as Moore’s, while the compelling emotions to which he appeals to clinch his argument can be convincingly situated within a non-retributivist framework, especially when the distinction between the intuitions of the lawless world, and those of the world of law, is recognised. -/- . (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

While all agree that score compliance in performance is valuable, the source of this value is unclear. Questions about what authenticity requires crowd out questions about our reasons to be compliant in the first place, perhaps because they seem trivial or uninteresting. I argue that such reasons cannot be understood as ordinary aesthetic, instrumental, epistemic, or moral reasons. Instead, we treat considerations of score compliance as having a kind of final value, one which requires further explanation. Taking as a model (...) the Humean account of fidelity as an artificial virtue, I sketch a practice-theoretic account of the nature and source of such reasons, one on which we can say that they are, after all, aesthetic, but only indirectly so. (shrink)

Philosophy has a schizophrenic relationship with games. On the one hand, philosophers love using games as model, arguing that phenomena as diverse as linguistic meaning, meta‐ethics, normative ethics, applied ethics, law, and aesthetics can be illuminated via an analogy with games. On the other hand, there is scant focused discussion of the concept of a game as such. This is problematic; the appeal to games as a model to clarify philosophically puzzling questions has limited utility if games themselves (and the (...) concept of a game) are poorly understood. Moreover, playing games plausibly is an important element in a good life; anyone interested in the theory of welfare, a traditional philosophical topic, should be interested in games. We play games, but if anything, play itself has been more neglected by philosophers than games. This neglect is unwarranted. Historically, philosophy has investigated foundational questions about human nature, and a disposition to play plausibly is a deep part of human nature. Moreover, play is an important concept in evolutionary biology and psychology, yet those working in those fields struggle to define the concept to their own satisfaction. E.O. Wilson went so far as to remark that “no behavioural concept has proved more ill‐defined, elusive, controversial, and even unfashionable than play.” One might have hoped philosophers could help here. In this paper, I provide an opinionated introduction to the philosophy of play and games. (shrink)

Games, which philosophers commonly invoke as models for diverse phenomena, are plausibly understood in terms of rules and goals, but this gives rise to two puzzles. The first concerns the identity of a single game over time. Intuitively one and the same game can undergo a change in rules, as when the rules of chess were modified so that a pawn could be moved two squares forward on its first move. Yet if games are individuated in terms of their constitutive (...) rules and goals, this is incoherent—new rules mean a new game. The second concerns the individuation of games at a point in time. Intuitively, there can be different versions of a single game, where the versions differ in the details of their rules. I offer a solution to this problem that draws on an analogy with individuating languages. The resulting theory should illuminate the metaphysics of games more generally. (shrink)

I am going to be discussing a mode of moral responsibility that anglophone philosophers have largely neglected. It is a type of responsibility that looks to the future rather than the past. Because this forward-looking moral responsibility is relatively unfamiliar in the lexicon of analytic philosophy, many of my locutions will initially strike many readers as odd. As a matter of everyday speech, however, the notion of forward-looking moral responsibility is perfectly familiar. Today, for instance, I said I would be (...) responsible for watching my nieces while they swam. Neglecting this responsibility would have been a moral fault. When people marry, they undertake responsibilities, of moral import, of fidelity and mutual support. When people have children, they accrue moral responsibilities to feed, rear, and educate them. Not all forward-looking responsibilities are moral. While finishing this essay, I have had to keep an eye on a number of my administrative responsibilities, and, while reading it, you may well be occasionally distracted by some of your own. The notion of a responsibility that we accrue or take on, to look out for some range of concerns over some range of the future, is, then, perfectly familiar. Because this common notion of forward-looking responsibility has not been integrated into recent moral theory, however, my philosophical discussion of it will initially seem strange. (shrink)

Cet article s'appuie sur la pensée de Wittgenstein pour comprendre comment des règles économiques agissent. L'étude (1993-2000) d'un Atelier de réparation de la RATP dans lequel une nouvelle règle de rendement a été introduite en 1993 met en évidence trois conclusions. Tout d'abord, dans la sélection des tâches, les opérateurs n'appliquent pas les règles de façon mécanique ; ils n'interprètent pas non plus les règles en faisant table rase des usages. Nos observations montrent que « suivre la règle est une (...) pratique ». En second lieu, les équipes développent des stratégies différentes pour obtenir la prime, ce qui illustre une autre thèse de Wittgenstein : « La signification de la règle se constitue dans l'usage. » Enfin, les opérateurs s'appuient sur les règles de l'usage pour trouver un certain usage de la règle. (shrink)

Alston, Searle, and Williamson advocate the restrictive model of assertion , according to which certain constitutive assertoric norms restrict which propositions one may assert. Sellars and Brandom advocate the dialectical model of assertion , which treats assertion as constituted by its role in the game of giving and asking for reasons. Sellars and Brandom develop a restrictive version of the dialectical model. I explore a non-restrictive version of the dialectical model. On such a view, constitutive assertoric norms constrain how one (...) must react if an interlocutor challenges one's assertion, but they do not constrain what one should assert in the first place. I argue that the non-restrictive dialectical perspective can accommodate various linguistic phenomena commonly taken to support the restrictive model. 1. (shrink)

This paper proposes an approach to the question of meaning and understanding based on the idea of constitutive rules and their relationship to the social objects they are used to create. This approach implicates mutual attention as an essential aspect of the social processes constitutive of social objects and mutual intelligibility. Social objects as such include the meaning, perception and coherence of things, identities and talk, etc. There is a relatively unexplored but important line of argument in sociology that has, (...) from the beginning, explained the coherence and mutual intelligibility of social objects and associations in terms of constitutive practices and social facts. This line of argument begins with Emile Durkheim (1893) and carries through the work of Harold Garfinkel to current studies of work and interaction, human computer interaction and talk. The argument is that we use constitutive practices (Constitutive rules or constitutive background expectancies) to create social objects and make coherent and shared meanings. To act is in this sense for Garfinkel ([1948]2006) to “mean”. Explaining the consistency of social objects and orders in terms of constitutive orders, rules, or practices is an approach that meets the challenges posed to social science and philosophy by Ludwig Wittgenstein (1953), Peter Winch (1958) and Paul Grice (1989). (shrink)

This article discusses ‘Notes on Language Games’, written by Harold Garfinkel in 1960 and never before published, one of three distinct versions of his famous ‘Trust’ argument, i.e., that constitutive criteria define shared events, objects, and meanings. The argument stands in contrast to an approach to cultural anthropology that was becoming popular in 1960 called ‘ethnoscience’. In this previously unknown manuscript, Garfinkel proposes that cultural events and language events are the same, in that both are created through constitutive commitments to (...) interactional systems. The best-known version of the Trust argument (Garfinkel, 1963) emphasizes Schutz, while other versions build on Parsons (Garfinkel 2019). In this third version, the Trust conditions are elaborated in terms of Wittgenstein’s language games. Various strands of Garfinkel’s thinking about culture, language and interaction are interwoven. That Garfinkel was working with Parsons in 1960 to document a contractual basis for social events and their assembly practices in ‘systems of interaction’, a constitutive practice argument with roots in Durkheim’s work, is yet another strand. The article highlights how the Trust argument is the key to everything, not only ethnomethodology, but also Garfinkel’s attempt to develop a general sociology of culture, language and interaction. (shrink)

Abstract: Focusing on early child pretend play from the perspective of developmental psychology, this article puts forward and presents evidence for two claims. First, such play constitutes an area of remarkable individual intentionality of second-order intentionality (or 'theory of mind'): in pretence with others, young children grasp the basic intentional structure of pretending as a non-serious fictional form of action. Second, early social pretend play embodies shared or collective we-intentionality. Pretending with others is one of the ontogenetically primary instances of (...) truly cooperative actions. And it is a, perhaps the, primordial form of cooperative action with rudimentary rule-governed, institutional structure: in joint pretence games, children are aware that objects collectively get assigned fictional status, 'count as' something, and that this creates a normative space of warranted moves in the game. Developmentally, pretend play might even be a cradle for institutional phenomena more generally. (shrink)

How do human children come up to carve up and think of the world around them in its most general and abstract structure? And to which degree are these general forms of viewing the world shared by other animals, notably by non-human primates? In response to these questions of what could be called comparative metaphysics, this paper discusses new evidence from developmental and comparative research to argue for the following picture: human children and non-human primates share a basic framework of (...) natural ontology: they think about their natural surroundings in essentialist ways in terms of natural kind objects constituted by their essential properties, and in generic terms as governed by general descriptive regularities. In contrast, there is a great divide when it comes to how human children and non-human primates carve up their social environment: only human children then go on to use their essentialist and generic thinking for developing a distinctively social ontology, to conceive of their surrounding in terms of socially constituted objects governed by general prescriptive norms. (shrink)

This volume - the joint effort of the research groups on practical philosophy and the history of political thought of the Institute of Philosophy of the Research Centre for the Humanities of the Hungarian Academy of Sciences - brings together scholarly essays that attempt to face the challenges of the contemporary situation. The authors come from rather divergent disciplinary backgrounds, including philosophy, law, history, literature and the social sciences, from different cultural and political contexts, including Central, Eastern and Western Europe, (...) and belong to different generations. But they all share an interest to bravely answer the large topical issues concerning universal morality, here and now. (shrink)

Beginning with the well-knowncyber-rape in LambdaMOO, I argue that it ispossible to have real moral wrongs in virtualcommunities. I then generalize the account toshow how it applies to interactions in gamingand discussion communities. My account issupported by a view of moral realism thatacknowledges entities like intentions andcausal properties of actions. Austin's speechact theory is used to show that real people canact in virtual communities in ways that bothestablish practices and moral expectations, andwarrant strong identifications betweenthemselves and their online identities. Rawls'conception (...) of a social practice is used toanalyze the nature of the wrong and thestage-setting aspect of engaging in a practice. (shrink)

This work offers a challenge to the orthodox view that descriptive rules are non-normative and passive in their role and usage. It does so by arguing that, although lacking in normativity themselves, descriptive rules can be sources of normativity by way of the normative attitudes that can develop around them. That is, although descriptive rules typically depict how things are, they can also play a role in how things ought to be. In this way, the limited role that this type (...) of rule can play as either a basis for the development of normative reasons, or as explanatory reasons for action is identified and clarified. One desirable outcome of the analysis is a more complete view of what descriptive rules are and how they are utilized by agents. (shrink)

The use of deception in psychological research continues to be a controversial topic. Using Rawls's explication of utilitarianism, I attempt to demonstrate how professional organizations, such as the American Psychological Association, can provide more specific standards that determine the permissibility of deception in research. Specifically, I argue that researchers should examine the costs and benefits of creating and applying specific rules governing deception. To that end, I offer 3 recommendations. First, that researchers who use deception provide detailed accounts of the (...) procedures they used to minimize the harm created by deception in their research reports. Second, that the American Psychological Association offer a definition of deception that describes techniques commonly used in research. Finally, I recommend that the informed consent procedure be revised to indicate that the researcher may use deception as a part of the study. (shrink)

ABSTRACT This paper identifies a number of questions that any plausible theory of epistemic blame ought to answer. What is epistemic blame? When is someone an appropriate target of epistemic blame? And what justifies engaging in epistemic blame? I argue that a number of problems arise when we try to answer these questions by using existing conceptions of moral blame. I then consider and reject Brown’s [2020] belief-desire model of epistemic blame. Finally, I argue that an agency-cultivation model of moral (...) responsibility is not only able to help us to develop a plausible theory of epistemic blame; it is particularly well-placed to do so. (shrink)

This article examines two potential Rawlsian arguments, namely the moral dualism argument and the educative effect of institutions argument as regards the extension of the primary subject of justice to personal conduct. The article makes two claims. First, while moral dualism is a logical step to make, it suffers from a potential conflict between the principles that apply to institutions and those that govern personal conduct. Second, despite the attractive features of the educative effect of institutions argument, an explanative gap (...) has to be filled in order to account for how and why individuals comply to just institutions. In the end, the article concludes that extending Rawls’s theory of justice to include personal conduct may be difficult to sustain. (shrink)

This article sets out a forward-looking account of moral responsibility on which the ground-level practice is directly sensitive to aims such as moral formation and reconciliation, and is not subject to a barrier between tiers. On the contrasting two-tier accounts defended by Daniel Dennett and Manuel Vargas, the ground-level practice features backward-looking, desert-invoking justifications that are in turn justified by forward-looking considerations at the higher tier. The concern raised for the two-tier view is that the ground-level practice will be insufficiently (...) responsive to the forward-looking aims that are held to justify it. On the single-tier alternative, forward-looking considerations can more readily motivate substantial revisions, which the practice, due to serious and pervasive deficiencies, requires. (shrink)

The aim of this article is to set out a theory for treatment of criminals that rejects retributive justification for punishment; does not fall afoul of a plausible prohibition on using people merely as means; and actually works in the real world. The theory can be motivated by free will skepticism. But it can also be supported without reference to the free will issue, since retributivism faces ethical challenges in its own right. In past versions of the account I’ve emphasized (...) the quarantine analogy for incapacitation together with the value of rehabilitation and reintegration. Here I pay special attention to the permissibility and the limits of general deterrence. (shrink)

Neo-Kantian accounts which try to ground morality in the necessary requirements of agency face the problem of “bad action”. The most prominent example is Christine Korsgaard’s version of constitutivism that considers the categorical imperative to be indispensable for an agent’s self-constitution. In my paper I will argue that a constitutive account can solve the problem of bad action by applying the distinction between constitutive and regulative rules to the categorical imperative. The result is that an autonomous agent can violate the (...) categorical imperative in so far as it amounts to a regulative rule of morality; however, an agent cannot call into question the categorical imperative as a constitutive rule of the practice of morality without losing her or his identity as a moral agent. The paper then compares this approach to bad action with the one Korsgaard provides and outlines also a new way of grounding the categorical imperative. (shrink)

In his ground‐breaking study Complicity, Christopher Kutz introduces the notion of ‘participatory intentions’ (individual intentions whose content is collective) to explain an agent's complicity with groups or organisations. According to Kutz, participatory intentions allow us to hold individuals morally accountable for collective wrongs independent of their causal contribution to the wrong and its ensuing harm. This article offers an alternative account of complicity. Its central claim is that an agent's complicity might be due to the dependence of his professional role (...) on the normative principles that make up the organisation or institution in whose practices he partakes. In other words, there might arise a constitutive failure in an agent's attempt to ascribe to himself a non‐complicit professional identity. I use the case of SS‐Judge Konrad Morgen in order to illustrate this understanding of complicity. (shrink)

The aim of this paper is to strengthen the point made by Horty about the relationship between reason holism and moral particularism. In the literature prima facie obligations have been considered as the only source of reason holism. I strengthen Horty’s point in two ways. First, I show that contrary-to-duties provide another independent support for reason holism. Next I outline a formal theory that is able to capture these two sources of holism. While in simple settings the proposed account coincides (...) with Horty’s one, this is not true in more complicated or “realistic” settings in which more than two norms collide. My chosen formalism is so-called input/output logic. A bottom-line example is introduced. It raises the issue of whether the conventional wisdom is right in assuming that normative reasons run parallel to epistemic ones. (shrink)

The concept of promise may be very interesting for legal theorists, especially contract law theorists. The article aims to briefly discuss the issue of promises in contemporary analytic philosophy and show some of its possible applications in legal theory. Three basic approaches will be distinguished: the contract as a promise paradigm and two ways of its critique: formal and material. The contract as a promise paradigm will be rejected as incapable of coping with, among others, the so-called autonomy paradox. Arguments (...) of formally-affected critics will be recognized as basically correct but impossible to be fully accepted because of their formalism. Some propositions of the material critique will be deemed the most promising, despite their incompleteness and numerous errors. (shrink)

In this paper I defend a version of consequentialism that is neither of the act nor the rule variety. I argue that most, if not all, acceptable moral rules are formulations of intricate and interrelated practices that serve to promote harmonious co-existence between human beings; that these formulations – moral rules – are shorthand abbreviations of the lengthy formulations which would be required to actually describe the extremely complicated set of prescriptions and prohibitions which comprise our ethical practices; that we (...) are culturally, perhaps even naturally, disposed to justify our actions in consequentialist fashion; that these underlying moral practices or ‘folk’ ethics provide the foundation for all forms of consequentialism; and finally, that the folk ethical practices practice consequentialism incorporates are empirically verified. (shrink)

A powerful objection against moral conventionalism says that it gives the wrong reasons for individual rights and duties. The reason why I must not break my promise to you, for example, should lie in the damage to you—rather than to the practice of promising or to all other participants in that practice. Common targets of this objection include the theories of Hobbes, Gauthier, Hooker, Binmore, and Rawls. I argue that the conventionalism of these theories is superficial; genuinely conventionalist theories are (...) not vulnerable to the objection; and genuine moral conventionalism is independently plausible. (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)

Anscombe is usually seen as a critic of “Modern Moral Philosophy.” I attempt a systematic reconstruction and a defense of Anscombe’s positive theory. Anscombe’s metaethics is a hybrid of social constructivism and Aristotelian naturalism. Her three main claims are the following: (1) We cannot trace all duties back to one moral principle; there is more than one source of normativity. (2) Whether I have a certain duty will often be determined by the social practices of my community. For instance, duties (...) imposed by other people’s rights are socially constructed. (3) Whether something constitutes a good, however, will often be determined by human nature—which is not socially constructed. (shrink)

In this paper, I shall be concerned to explore the utilitarian account of promising, which for some time has had, in many circles, the status of a dead horse. My aim is not to flog it, however, but to show that perhaps it yet lives. At least, I hope to show that some prominent and apparently powerful objections to this account do not find their mark. In the course of this, several subjects of wider interest will come in for review (...) as well, and it is hoped that some further light on the utilitarian position in general, as well as the concepts of expectation and obligation, may glimmer forth.At the outset, some clarification of the question at issue about promising is essential. Briefly, the question is: why ought we to keep our promises? Less question-beggingly put: why, if at all, should we keep promises, and to what extent?; where by talk of ‘extent’ it is meant that the question of whether we sometimes should not keep them, of its being a matter of attaching a “degree of stringency” to the obligation, is to be kept open. (shrink)

This is a slightly revised text of Jeffrie G. Murphy’s Presidential Address delivered to the American Philosophical Association, Pacific Division, in March 2006. In the essay the author reconsiders two positions he had previously defended—the liberal attack on legal moralism and robust versions of the retributive theory of punishment—and now finds these positions much more vulnerable to legitimate attack than he had previously realized. In the first part of the essay, he argues that the use of Mill’s liberal harm principle (...) against legal moralism cannot be cabined in such a way as to leave intact other positions that many liberals want to defend—in particular, certain fundamental constitutional rights and character retributivism in criminal sentencing. In the second part of the essay, he expresses serious doubts—some inspired by Nietzsche—about the versions of character retributivism that he had once enthusiastically defended and now describes himself as no more than a reluctant retributivist. (shrink)

Most philosophers recognize that sometimes particular individuals have to be grateful to others who have benefited them in a way that provides reasons for treating them in a differential way. In the same way, I argue, there are cases in which society as such benefits from the actions of a person, which gives rise to collective duties of gratitude that must be expressed at the political and socio-economical levels. The political concern about merit should not merely instrumental, but also moral: (...) a society cannot be just if it disregards its collective duties of gratitude. I criticize Rawls’ famous Natural Lottery argument showing that it relies on a problematic understanding of the notion of moral responsibility and develop some consideration on the role that gratitude should play when designing both public institutions and policies. (shrink)

ABSTRACTHan Fei’s political theory is widely characterized as eschewing any connection with morality; so, can he have any conception of justice? In this paper, I accept the interpretation of Han Fei jettisoning any moral commitment, but I argue that he gives heed to an understanding of justice. This conception of justice arises naturally from the ordinary human sentiment of resentment for wrongs done and becomes a moral staple in the consciousness of ordinary people. Such a conception of justice has these (...) features: all and only the guilty receive punishment, and the punishments are in some sense proportionate to the crime. Since disregarding this popular conception of justice results in resentment and political instability, Han Fei, without any moral commitment to it, accepts the popular conception of justice on prudential and consequentialist grounds. (shrink)

En este trabajo, analizo críticamente la tesis de Nino según la cual el valor epistémico de la democracia soluciona la paradoja de la superfluidad del derecho. En este sentido, examino dos cuestiones. Primero, si el valor epistémico de la democracia es una razón para creer que tenemos razones para actuar de conformidad con las leyes democráticas. Segundo, si el valor epistémico de la democracia es una razón para actuar de conformidad con las leyes democráticas independientemente de los méritos del caso (...) y, en su caso, si ello explica adecuadamente la normatividad del derecho. In this paper I critically analyse Nino’s thesis according to which the epistemic value of democracy solves the paradox of the superfluousness of law. In this regard, I address two issues. First, if the epistemic value of democracy is a reason to believe that we have reasons to act in conformity with democratic laws. Second, if the epistemic value of democracy is a reason to act in conformity with democratic laws independently of the merits of the case and, in that case, if that can adequately explain the normativity of law. (shrink)

Rawls scholarship has not paid much attention to Rawls's early methodological writings so far, pretty much focusing on thereflective equilibrium(RE) which he is understood to have adopted inA Theory of Justice. Nelson Goodman's coherence-theoretical formulations concerning the justification of inductive logic inFact, Fiction and Forecasthave been suggested as the source of the RE. Following Rawls's methodological development in his early works, we shall challenge both these views. Our analysis reveals that the basic elements of RE can be located in his (...) ‘Two Concepts of Rules’ essay. We shall further show that the origins of RE go all the way back to Aristotle's methods of ethics, as RE accords with the methodology entitledsaving the appearances(SA) in recent Aristotle scholarship. (shrink)