First published in 1962, contains the William James Lectures delivered at Harvard University in 1955. It sets out Austin's conclusions in the field to which he directed his main efforts for at least the last ten years of his life. Starting from an exhaustive examination of his already well- known distinction of performative utterances from statements, Austin here finally abandons that distinction, replacing it by a more general theory of 'illocutionary forces' of utterances which has important bearings on a wide (...) variety of philosophical problems. (shrink)

In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.

Semantic theory in linguistics cannot retain its traditional purity, free of pragmatic contextual considerations. Agreement with the preceding claim, generally shared by this volume's contributors, provides the setting for a presentation of various provocative approaches toward a precise definition of pragmatics along with a reconciliation of pragmatics with semantics. Here is a collection of leading-edge work that examines the semantics/pragmatics dispute in terms of phenomena such as indexicals, proper names, conventional and conversational implicatures, procedural meaning, and semantic underdetermination. Examples show (...) how these phenomena reach from the linguistic realm to the fields of psychology, philosophy, literature, and anthropology. (shrink)

A work in the history of systematic philosophy that is itself animated by a systematic philosophic aspiration, this book by one of the most prominent American ...

Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.

Vagueness in law can lead to indeterminacies in legal rights and obligations. This book responds to the challenges that those indeterminacies pose to theories of law and adjudication.

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)

This book expounds and defends a new conception of the relation between truth and meaning. Atlas argues that the sense of a sense-general sentence radically underdetermines its truth-conditional content. He applies this linguistic analysis to illuminate old and new philosophical problems of meaning, truth, falsity, negation, existence, presupposition, and implicature. In particular, he demonstrates how the concept of ambiguity has been misused and confused with other concepts of meaning, and how the interface between semantics and pragmatics has been misunderstood. The (...) problems he tackles are common to philosophy, linguistics, cognitive psychology, and artificial intelligence, and his conclusions will be of interest to all those working in these fields. (shrink)

What would something unlike us--a chimpanzee, say, or a computer--have to be able to do to qualify as a possible knower, like us? To answer this question at the very heart of our sense of ourselves, philosophers have long focused on intentionality and have looked to language as a key to this condition. Making It Explicit is an investigation into the nature of language--the social practices that distinguish us as rational, logical creatures--that revises the very terms of this inquiry. Where (...) accounts of the relation between language and mind have traditionally rested on the concept of representation, this book sets out an alternate approach based on inference, and on a conception of certain kinds of implicit assessment that become explicit in language. Making It Explicit is the first attempt to work out in detail a theory that renders linguistic meaning in terms of use--in short, to explain how semantic content can be conferred on expressions and attitudes that are suitably caught up in social practices. -/- At the center of this enterprise is a notion of discursive commitment. Being able to talk--and so in the fullest sense being able to think--is a matter of mastering the practices that govern such commitments, being able to keep track of one’s own commitments and those of others. Assessing the pragmatic significance of speech acts is a matter of explaining the explicit in terms of the implicit. As he traces the inferential structure of the social practices within which things can be made conceptually explicit, the author defines the distinctively expressive role of logical vocabulary. This expressive account of language, mind, and logic is, finally, an account of who we are. (shrink)

"This book is valuable as expounding in full a theory of meaning that has its roots in the work of Frege and has been of the widest influence.

This new work provides an approachable introduction to the complex system that Making It Explicit mapped out.

This article is a continuation of a line of investigation I began in ‘Literal Meaning’. Its aim is to explore some of the relations between the meaning of words and sentences and the context of their utterance. The view I shall be challenging is sometimes put by saying that the meaning of a sentence is the meaning that it has independently of any context whatever — the meaning it has in the so-called „null context“. The view I shall be espousing (...) is that in general the meaning of a sentence only has application (it only, for example, determines a set of truth conditions) against a background of assumptions and practices that are not representable as a part of the meaning. (shrink)

the question of objectivity in legal interpretation has emerged in recent years as an imprtant topic in contemporary jurisprudence. This book addresses the issue of how and in what sense legal interpretation can be objective. The author supports the possibility of objectivity in law and spells out the content of objectivity involved. He then provides a defence against the classical, as well as less well-known, objections to the possibility of objectivity in legal interpretation. The discussion is thoroughly grounded in metaphysics, (...) which sets the book apart from other similar discussions in jurisprudence. Stavropoulos identifies an important source of resistance to the acceptance of the possibility of objectivity in legal interpretation; a widely held but faulty semantic. He then develops an alternative semantic framework, drawing on influential theories in contemporary philosophy. The book shows that objectivism is a natural, common sensical position, and rejects the currently popular notion that objectivism requires extravagant or bizarre metaphysics. Furthermore, the discussion presents the opportunity to re-interpret major debates in jurisprudence and to show how influential theories, notably H.L.A. Hart's and Ronald Dworkin's, bear on that issue. (shrink)

Philosophy is general and systematic reflection about what there is, what ought to be done or is good, and how knowledge about both is possible. Legal philosophy raises these questions with respect to the law. In so doing, legal philosophy is engaged in reasoning about the nature of law. The arguments addressed to the question of the nature of law revolve around three problems. The first problem addresses the question: In what kinds of entities does the law consist, and how (...) are these entities connected such that they form the overarching entity we call “law”? The answer is that law consists of norms as meaning contents which form a normative system. The second problem addresses the question of how norms as meaning contents are connected with the real world. This connection can be grasped by means of the concepts of authoritative issuance and social efficacy. The latter includes the concept of coercion or force. The third problem addresses the correctness or legitimacy of law, and, by this, the relationship between law and morality. To ask about the nature of law is to ask about necessary relations between the concepts of normative meaning, authoritative issuance as well as social efficacy, and correctness of content. (shrink)

This volume puts forward a distinct new theory of direct reference, blending insights from both the Fregean and the Russellian traditions, and fitting the general theory of language understanding used by those working on the pragmatics of natural language.

What is the nature of a conceptual scheme? Are there alternative conceptual schemes? If so, are some more justifiable or correct than others? The later Wittgenstein already addresses these fundamental philosophical questions under the general rubric of "grammar" and the question of its "arbitrariness"--and does so with great subtlety. This book explores Wittgenstein's views on these questions. Part I interprets his conception of grammar as a generalized version of Kant's transcendental idealist solution to a puzzle about necessity. It also seeks (...) to reconcile Wittgenstein's seemingly inconsistent answers to the question of whether or not grammar is arbitrary by showing that he believed grammar to be arbitrary in one sense and non-arbitrary in another. Part II focuses on an especially central and contested feature of Wittgenstein's account: a thesis of the diversity of grammars. The author discusses this thesis in connection with the nature of formal logic, the limits of language, and the conditions of semantic understanding or access. Strongly argued and cleary written, this book will appeal not only to philosophers but also to students of the human sciences, for whom Wittgenstein's work holds great relevance. (shrink)

We need to find a middle way between the exaggerated deference towards science characteristic of scientism, and the exaggerated suspicion characteristic of anti-scientific attitudes — to acknowledge that science is neither sacred nor a confidence trick. The Critical Commonsensist account of scientific evidence and scientific method offered here corrects the narrowly logical approach of the Old Deferentialists without succumbing to the New Cynics' sociologism or their factitious despair of the epistemic credentials of science.

In support of my longstanding claim that the traditional divide between natural law and legal positivist theories of law, the present paper explores a variety of necessary connections between law and morality which are consistent with theories of law traditionally identified as positivist.

A number of important legal theorists have recently argued for metaphysically realist approaches to legal determinacy grounded in particular semantic theories or theories of reference, in particular, views of meaning and reference based on the works of Putnam and Kripke. The basic position of these theorists is that questions of legal interpretation and legal determinacy should be approached through semantic meaning. However, the role of authority (in the form of lawmaker choice) in law in general, and democratic systems in particular, (...) require that these realist solutions to the problem of legal determinacy be rejected, or at least significantly revised. (shrink)

Robert Brandom claims that language expressing pro-attitudes makes explicit proprieties of practical inference. This thesis is untenable, especially given certain premises which Brandom himself endorses. Pro-attitude vocabulary has the wrong grammatical structure; other parts of vocabulary do the job he ascribes to pro-attitude vocabulary; the thesis introduces implausible differences between the inferential consequences of desires and intentions, and distorts the interpretation of conditional statements. Rather, I suggest, logical vocabulary can make proprieties of practical inference explicit, just as the inferentialist says (...) it can for theoretical inference. (shrink)

The distinction between semantics and pragmatics is easier to apply than to explain. Explaining it is complicated by the fact that many conflicting formulations have been proposed over the past sixty years. This might suggest that there is no one way of drawing the distinction and that how to draw it is merely a terminological question, a matter of arbitrary stipulation. In my view, though, these diverse formulations, despite their conflicts, all shed light on the distinction as it is commonly (...) applied, in both linguistics and philosophy. Although it is generally clear what is at issue when people apply the distinction to specific linguistic phenomena, what is less clear, in some cases anyway, is whether a given phenomenon is semantic or pragmatic, or both. Fortunately, there are other phenomena that are uncontroversially semantic or, as the case may be, uncontroversially pragmatic. Their example will help us get clear on what the semantics-pragmatics distinction is. (shrink)

Several years ago I prepared a point-by-point response to this postscript as a working paper for the NYU Colloquium in Legal, Moral and Political Philosophy. I have not yet published that paper, but I understand that copies of it are in circulation. I do not intend to recapitulate the arguments of that working paper, but instead to concentrate on one aspect of Hart's Postscript, which is his defence of Archimedean jurisprudence. I shall have something to say about his own legal (...) philosophy, which was a form of legal positivism. But I shall mainly be concerned about the method that he said generated his legal positivism. (shrink)

L’objectif de cet article est de présenter une position dans le cadre du pragmatisme contemporain : le but est d’esquisser comment une théorie pragmatique peut expliquer la détermination du contenu conceptuel de nos croyances. La première partie expose la motivation d’une théorie pragmatiste du contenu conceptuel — à savoir notamment apporter une solution au problème de suivre des règles. La deuxième partie introduit l’idée d’une sémantique inférentielle. La troisième partie retrace comment des pratiques sociales déterminent le contenu conceptuel et quel (...) type de conception du contenu et de la vérité de nos croyances il s’ensuit. (shrink)

L’objectif de cet article est de présenter une position dans le cadre du pragmatisme contemporain : le but est d’esquisser comment une théorie pragmatique peut expliquer la détermination du contenu conceptuel de nos croyances. La première partie expose la motivation d’une théorie pragmatiste du contenu conceptuel — à savoir notamment apporter une solution au problème de suivre des règles. La deuxième partie introduit l’idée d’une sémantique inférentielle. La troisième partie retrace comment des pratiques sociales déterminent le contenu conceptuel et quel (...) type de conception du contenu et de la vérité de nos croyances il s’ensuit. (shrink)