This is the most comprehensive book ever published on philosophical methodology. A team of thirty-eight of the world's leading philosophers present original essays on various aspects of how philosophy should be and is done. The first part is devoted to broad traditions and approaches to philosophical methodology. The entries in the second part address topics in philosophical methodology, such as intuitions, conceptual analysis, and transcendental arguments. The third part of the book is devoted to essays about the interconnections between philosophy (...) and neighbouring fields, including those of mathematics, psychology, literature and film, and neuroscience. (shrink)

In his new book, The Force of Law, Frederick Schauer maintains that law has no necessary properties, and that therefore jurisprudents should not assume that an inquiry into the nature of law has to be a search for such properties. I argue, however, that Schauer's attempt to show that legal anti-essentialism is a defensible position fails, because his one main argument is either irrelevant or else incomplete, depending on how one understands it, and because the other main argument is false.

I argue in this article (i) that Karl Olivecrona's legal philosophy, especially the critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, is a significant contribution to twentieth century legal philosophy. I also argue (ii) that Olivecrona fails to substantiate some of his most important empirical claims, and (iii) that the distinction espoused by Olivecrona between the truth and (...) the correctness of legal statements is problematic but not needed in Olivecrona's legal philosophy. (shrink)

The very idea of informative analysis gives rise to a well-known paradox. Yet a parallel puzzle, herein called the paradox of synonymy, arises for statements which do not express analyses. The paradox of synonymy has a straightforward metalinguistic solution: certain words are referring to themselves. Likewise, the paradox of analysis can be solved by recognizing that certain expressions in an analysis statement are referring to their own semantic structures.

It is common for philosophers to offer philosophical accounts or analyses, as they are sometimes called, of knowledge, autonomy, representation, (moral) goodness, reference, and even modesty. These philosophical analyses raise deep questions.What is it that is being analyzed (i.e. what sorts of things are the objects of analysis)? What sort of thing is the analysis itself (a proposition? sentence?)? Under what conditions is an analysis correct? How can a correct analysis be informative? How, if at all, does the production of (...) philosophical analyses differ from what scientists do? The purpose of the present paper is to provide answers to these questions. (shrink)

Philosophical analysis was the central preoccupation of 20th-century analytic philosophy. In the contemporary methodological debate, however, it faces a number of pressing external and internal challenges. While external challenges, like those from experimental philosophy or semantic externalism, have been extensively discussed, internal challenges to philosophical analysis have received much less attention. One especially vexing internal challenge is that the success conditions of philosophical analysis are deeply unclear. According to the standard textbook view, a philosophical analysis aims at a strict biconditional (...) that captures the necessary and sufficient conditions for membership in the relevant category. The textbook view arguably identifies a necessary condition on successful philosophical analyses, but understood as a sufficient condition it is untenable, as I will argue in this paper. To this end, I first uncover eight conditions of adequacy on successful philosophical analyses, some of which have rarely been spelled out in detail. As we shall see, even sophisticated alternatives to the textbook view fail to accommodate some of these conditions. I then propose the concept grounding view as a more promising account of philosophical analysis. According to this view, successful philosophical analyses require necessary biconditionals that are constrained by grounding relations among the concepts involved. Apart from providing a satisfactory account of philosophical analysis in its own right, the concept grounding view is also able to meet the challenge that the success conditions of philosophical analysis are problematically unclear. (shrink)

The paradox of analysis has been a problem for analytic philosophers at least since Moore’s time, and it is especially significant for those who seek an account of analysis along classical lines. The present paper offers a new solution to the paradox, where a theory of analysis is given where (1) analysandum and analysans are distinct concepts, due to their failing to share the same conceptual form, yet (2) they are related in virtue of satisfying various semantic constraints on the (...) analysis relation. Rather than distinguish between analysandum and analysans by appeal to epistemic considerations, the paper appeals to semantic considerations in giving a candidate account of the identity conditions for concepts. The distinctness of analysandum and analysans then serves to block the paradox in a straightforward way. (shrink)

Moore's Open Question Arguments are among the most influential arguments in 20th Century metaethical thought. But, surprisingly, there is a fair amount of confusion concerning what the Open Question Arguments actually are, how the Moorean passages should be interpreted, and what they are intended to show. Thus, the early chapters are devoted to clarificatory matters, including the exposing of a variety of contemporary attacks upon Moore's arguments as misguided by indicating where they rest upon faulty interpretations of Moorean passages. Providing (...) what I take to be accurate formulations of Moore's famous arguments, responding to historically important preliminary objections, and, finally, presenting various shortcomings of these arguments constitute the remaining themes of the early chapters. ;Next, I pursue an explanation of what I call the 'Open Question phenomenon': the inclination that many have to endorse Moore's "open question" premises. I survey a variety of popular noncognitivist explanations, arguing that each of them is unsatisfactory. I then present a novel semantic explanation of the phenomenon and use it to construct an augmented Moorean Open Question Argument, one capable of overcoming the shortcomings of Moore's originals. ;The latter chapters are dedicated to an investigation of Moore's preferred normative theory---a version of objective consequentialism. I argue that the standard semantic account of subjunctive conditionals fails to capture the nature of certain subjunctive conditionals relevant to the normative evaluation of alternatives from an objective consequentialist perspective. I then present a modified version of the standard account in an effort to remedy the problem. ;Next, I present a novel objection against all extant versions of objective consequentialism. I then introduce and utilize the concept of an "objective" subjunctive probability in the transformation of a subjective version of consequentialism into an objective version, one capable of dealing with the difficulties posed by the objection. ;I conclude the dissertation with a final chapter in which I defend possibilist versions of consequentialism from a contemporary objection. In doing so, I elucidate a theoretical advantage that possibilist theories have over their subjunctive counterparts. (shrink)

The dissertation concerns F. A. Hayek’s critique of legislation. The purpose of the investigation is to clarify and assess that critique. I argue that there is in Hayek’s work a critique of legislation that is distinct from his well-known critique of social planning. Further that the main claim of this critique is what I refer to as Hayek’s legislation tenet, namely that legislation that aims to achieve specific aggregate results in complex orders of society will decrease the welfare level. The (...) legislation tenet gains support; from the welfare claim – according to which there is a positive correlation between the utilization of knowledge and the welfare level in society; from the dispersal of knowledge thesis – according to which the total knowledge of society is dispersed and not available to any one agency; and from the cultural evolution thesis – according to which evolutionary rules are more favorable to the utilization of knowledge in social cooperation than are legislative rules. More specifically, I argue that these form two lines of argument in support of the legislation tenet. One line of argument is based on the conjunction of the welfare claim and the dispersal of knowledge thesis. I argue that this line of argument is true. The other line of argument is based on the conjunction of the welfare claim and the cultural evolution thesis. I argue that this line of argument is false, mainly because the empirical work of political scientist Elinor Ostrom refutes it. Because the two lines of argument support the legislation tenet independently of each other, I argue that Hayek’s critique of legislation is true. In this dissertation, I further develop a legislative policy tool as based on the welfare claim and Hayek’s conception of coercion. I also consider Hayek’s idea that rules and law are instrumental in forging rational individual action and rational social orders, and turn to review this idea in light of the work of experimental economist Vernon Smith and economic historian Avner Greif. I find that Smith and Greif support this idea of Hayek’s, and I conjecture that it contributes to our understanding of Adam Smith’s notion of the invisible hand: It is rules – not an invisible hand – that prompt subjects to align individual and aggregate rationality in social interaction. Finally, I argue that Hayek’s critique is essentially utilitarian, as it is concerned with the negative welfare consequences of certain forms of legislation. And although it may appear that the dispersal of knowledge thesis will undermine the possibility of carrying out the utilitarian calculus, due to the lack of knowledge of the consequences of one’s actions – and therefore undermine the legislation tenet itself – I argue that the distinction between utilitarianism conceived as a method of deliberation and utilitarianism conceived as a criterion of correctness may be used to save Hayek’s critique from this objection. (shrink)