Studies causation both as a concept and as it is 'in the objects.' Offers new accounts of the logic of singular causal statements, the form of causal regularities, the detection of causal relationships, the asymmetry of cause and effect, and necessary connection, and it relates causation to functional and statistical laws and to teleology.

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act (...) and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force. (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.

By contributing a few hundred dollars to a charity like UNICEF, a prosperous person can ensure that fewer poor children die, and that more will live reasonably long, worthwhile lives. Even when knowing this, however, most people send nothing, and almost all of the rest send little. What is the moral status of this behavior? To such common cases of letting die, our untutored response is that, while it is not very good, neither is the conduct wrong. What is the (...) source of this lenient assessment? In this contentious new book, one of our leading philosophers argues that our intuitions about ethical cases are generated not by basic moral values, but by certain distracting psychological dispositions that all too often prevent us from reacting in accord with our commitments. Through a detailed look at how these tendencies operate, Unger shows that, on the good morality that we already accept, the fatally unhelpful behavior is monstrously wrong. By uncovering the eminently sensible ethics that we've already embraced fully, and by confronting us with empirical facts and with easily followed instructions for lessening serious suffering appropriately and effectively, Unger's book points the way to a compassionate new moral philosophy. (shrink)

Can we decide to trust? Sometimes, yes. And when we do, we need not believe that our trust will be vindicated. This paper is motivated by the need to incorporate these facts into an account of trust. Trust involves reliance; and in addition it requires the taking of a reactive attitude to that reliance. I explain how the states involved here differ from belief. And I explore the limits of our ability to trust. I then turn to the idea of (...) trusting what others say. I suggest that we sometimes decide to trust people to be sincere and knowledgeable; and that having taken this attitude towards them, we come to believe what they say. I spell out some consequences that this has for an account of testimony, and for van Fraassen's decision theoretic principle of Reflection. (shrink)

Confidence or trust is obviously a sort of reliance or dependence. Confidence is related to fiducia , which in turn is related to fido and to the Greek peitho . The latter term implies persuasion or persuasiveness. If we follow, as we should, the nuances hidden in these terms, we may assume that confidence is a reliance stemming from persuasion or accompanied by it. Confidence may be related to a person, including oneself, and in this sense we speak of self-confidence; (...) or it may be related to another person, either in the singular or in the plural, or even perhaps to the course of events at large, to history, to the cosmos, to God etc. It is in this sense that confidence is the opposite of or contradictory to fear. And Aristotle indeed placed the brave man between the two poles of fear and confidence. The man who exceeds in confidence is rash, and he who exceeds in fear and falls short in confidence is a coward. (shrink)

Since it appeared in 1971, John Rawls's A Theory of Justice has become a classic. The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book. Rawls aims to express an essential part of the common core of the democratic tradition--justice as fairness--and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the (...) social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published. (shrink)

In On Certainty, the emphasis is on the solitary individual as subject of knowledge. The importance of our dependence on others, however, is brought out in Wittgenstein's remarks about trust. In this paper, the role and nature of trust are discussed, the grammar of trust being contrasted with that of reliance. It is shown that to speak of trust is to speak of a fundamental attitude of one person towards others, an attitude which, unlike reliance, is not to be explained, (...) or assessed, by an appeal to reasons. It is, rather, because we have such a fundamental readiness to accept what we are taught by others that we can come to develop an understanding of reasons. The idea that believing something without evidence is always a weakness is shown to be a philosophical prejudice. Trust is always for something we can rightfully demand from others: misplaced trust, accordingly, is not a shortcoming on the part of the trustful person, but of the person in whom the trust was placed. The destruction of trust is a tragedy of life; in Culture and Value, Wittgenstein suggests a connection between distrust and madness. (shrink)

Hurley here revives a classical idea about rationality in a modern framework, by developing analogies between the structure of personality and the structure of society in the context of contemporary work in philosophy of mind, ethics, decision theory and social choice theory. The book examines the rationality of decisions and actions, and illustrates the continuity of philosophy of mind on the one hand, and ethics and jurisprudence on the other. A major thesis of the book is that arguments drawn from (...) the philosophy of mind may be used to undermine widely-held subjectivist positions in ethics and politico-economic theory. The work is inspired by the philosophies of Wittgenstein and Davidson, but goes on to connect their arguments about interpretation with formal work in decision theory and social choice theory, and with the theory of adjudication. (shrink)

The Death of Contract is a masterful commentary on the common law, especially the law of promissory obligation known as contracts. In this slim and lively book, the late Yale law professor Grant Gilmore examines the birth, development, death, and even the resurrection of a body of American law. It is both a modern-day reply to and a funeral oration for an American legal classic-Oliver Wendell Holmes's The Common Law. This new edition, with an instructive and timely foreword by Ronald (...) K. L. Collins, challenges anyone interested in the life of the law to think about where it has come from and where it is tending. As such, The Death of Contract still retains its vitality in the brave new world of the law known as contracts. A new bibliography of early reviews and new responses reveals how considerable the interest was, and continues to be, in this modern anti-classic. (shrink)

This work is a controversial collection of interrelated papers investigating and arguing about issues of concern to lawyers and politicians today. MacCormick combines a scholarly concern with leading thinkers such as John Locke, Lord Stair, Adam Smith and David Hume, John Rawls, Ronald Dworkin, and Patrick Atiyah, and stringently argued view of questions of political obligation, civil liberty, and legal rights.

Chapter Promising in Law and Morals Promissory and contractual obligations raise many issues of common interest to philosophers and lawyers. ...

First published in 1982. Routledge is an imprint of Taylor & Francis, an informa company.