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)

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)

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)

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)

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)

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)

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)

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)