The influence of J. L. Austin on contemporary philosophy was substantial during his lifetime, and has grown greatly since his death, at the height of his powers, in 1960. Philosophical Papers, first published in 1961, was the first of three volumes of Austin's work to be edited by J. O. Urmson and G. J. Warnock. Together with Sense and Sensibilia and How to do things with Words, it has extended Austin's influence far beyond the circle who knew him or read (...) the handful of papers he published in journals. (shrink)

Der kommunikativen Alltagspraxis müssen kognitive Deutungen, moralische Erwartungen, Expressionen und Wertungen einander durchdringen. Die Verständigungsprozesse der Lebenswelt bedürfen deshalb einer kulturellen Überlieferung auf ganzer Breite, nicht nur der Segnungen von Wissenschaft und Technik. So könnte die Philosophie ihren Bezug zur Totalität in einer der Lebenswelt zugewandten Interpretenrolle aktualisieren. Sie könnte mindestens dabei helfen, das stillgestellte Zusammenspiel des Kognitiv-Instrumentellen mit dem Moralisch-Praktischen und dem Ästhetisch-Expressiven wie ein Mobile, das sich hartnäckig verhakt hat, wieder in Bewegung zu setzen.

For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.

Seite dualität: Anarchismus 121. Konsequenzen der individualitätszerstörenden Gleichheitstheorie: Stellung der Frau 123; unhistorische Denkweise 123; ...

The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...) Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)

Tthis book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.

The reconstructive theory of the procedural legitimacy of modern law developed on the basis of the theory of discourse ethics has limited itself solely to the deontological, moral‐normative aspects of the validity claims of legal norms and judgments. However, teleological and axiological aspects are also intertwined with legal validity claims and with the procedures in which legal norms and judgments are produced. The discursive‐procedural concept of legitimacy seems to require as its support, instead of the theory of discourse ethics, a (...) general theory of practical discourses or, more generally, of rational collective will‐formation. (shrink)

This study focuses on current jurisprudential debate between the "positivist" views of Herbert Hart and the "rights thesis" of Ronald Dworkin. MacCormick provides a critical analysis of the Dworkin position while also modifying Hart's. It stands firmly on its own as a contribution to an extensive literature.