Previous edition, 1st, published in 1971.

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 article defends three interconnected premises that together demand for a new way of dealing with moral responsibility in developing and using technological artifacts. The first premise is that humans increasingly make use of dissociated technological delegation. Second, because technologies do not simply fulfill our actions, but rather mediate them, the initial aims alter and outcomes are often different from those intended. Third, since the outcomes are often unforeseen and unintended, we can no longer simply apply the traditional (modernist) models (...) for discussing moral responsibility. We need to reinterpret moral responsibility. A schematic layout of a model on Social Role-Responsibility that incorporates these three premises is presented to allow discussion of a new way of interpreting moral responsibility. (shrink)

Knowing that technologies are inherently value-laden and systemically interwoven with society, the question is how individual engineers can take up the challenge of accepting the responsibility for their work? This paper will argue that engineers have no institutional structure at the level of society that allows them to recognize, reflect upon, and actively integrate the value-laden character of their designs. Instead, engineers have to tap on the different institutional realms of market, science, and state, making their work a ‘hybrid’ activity (...) combining elements from the different institutional realms. To deal with this institutional hybridity, engineers develop routines and heuristics in their professional network, which do not allow societal values to be expressed in a satisfactory manner. To allow forms of ‘active’ responsibility, there have to be so-called ‘accountability forums’ that guide moral reflections of individual actors. The paper will subsequently look at the methodologies of value-sensitive design and constructive technology assessment and explore whether and how these methodologies allow engineers to integrate societal values into the design technological artifacts and systems. As VSD and CTA are methodologies that look at the process of technological design, whereas the focus of this paper is on the designer, they can only be used indirectly, namely as frameworks which help to identify the contours of a framework for active responsibility of engineers. (shrink)

Community acceptance still remains a challenge for wind energy projects. The most popular explanation for local opposition, the Not in My Backyard effect, has received fierce criticism in the past decade. Critics argue that opposition is not merely a matter of selfishness or ignorance, but that moral, ecological and aesthetic values play an important role. In order to better take such values into account, a more bottom-up, participatory decision process is usually proposed. Research on this topic focusses on either stakeholder (...) motivations/attitudes, or their behavior during project implementation. This paper proposes a third research focus, namely the ‘objects’ which elicit certain behavioral responses and attitudes—the wind turbine and parks. More concretely, this paper explores Value Sensitive Design as way to arrive at wind turbines and parks that better embed or reflect key values. After a critical discussion of the notion of acceptance versus acceptability and support, the paper discusses existing literature on ecology and aesthetics in relation to wind turbine/park design, which could serve as ‘building blocks’ of a more integral VSD approach of the topic. It also discusses the challenge of demarcating wind park projects as VSD projects. A further challenge is that VSD has been applied mainly at the level of technical artifacts, whereas wind parks can best be conceptualized as socio-technical system. This new application would therefore expand the current practice of VSD, and may as a consequence also lead to interesting new insights for the VSD community. The paper concludes that such an outcome-oriented approach of wind turbines and park is worth exploring further, as a supplement to rather than a replacement of the process-oriented approach that is promoted by the current literature on community acceptance of wind parks. (shrink)

Recently, there is increased attention to the integration of moral values into the conception, design, and development of emerging IT. The most reviewed approach for this purpose in ethics and technology so far is Value-Sensitive Design (VSD). This article considers VSD as the prime candidate for implementing normative considerations into design. Its methodology is considered from a conceptual, analytical, normative perspective. The focus here is on the suitability of VSD for integrating moral values into the design of technologies in a (...) way that joins in with an analytical perspective on ethics of technology. Despite its promising character, it turns out that VSD falls short in several respects: (1) VSD does not have a clear methodology for identifying stakeholders, (2) the integration of empirical methods with conceptual research within the methodology of VSD is obscure, (3) VSD runs the risk of committing the naturalistic fallacy when using empirical knowledge for implementing values in design, (4) the concept of values, as well as their realization, is left undetermined and (5) VSD lacks a complimentary or explicit ethical theory for dealing with value trade-offs. For the normative evaluation of a technology, I claim that an explicit and justified ethical starting point or principle is required. Moreover, explicit attention should be given to the value aims and assumptions of a particular design. The criteria of adequacy for such an approach or methodology follow from the evaluation of VSD as the prime candidate for implementing moral values in design. (shrink)

Standard approaches to defining and evaluating environmental risk tend to reflect technocratic rather than democratic values. One consequence is that institutional mechanisms for achieving citizen participation in risk decisions rarely are studied or evaluated. This article presents a survey of five institutional mechanisms for allowing the lay public to influence environmental risk decisions: public hearings, initiatives, public surveys, negotiated rule making, and citizens review panels. It also defines democratic process criteria for assessing these and other participatory mechanisms.

The present article explores the rationales of scientists and engineers for distributing moral responsibilities related technology development. On the basis of a qualitative case study, it was investigated how the actors within a research network distribute responsibilities for these issues. Rawls’ Wide Reflective Equilibrium model was used as a descriptive framework. This study indicates that there is a correlation between the actors’ ethics position and their responsibility rationale. When discussing how to address ethical issues or how to distribute the responsibility (...) for addressing them, actors with similar normative background theories referred to the same type of normative arguments. It was found that these deliberative processes could best be interpreted in terms of an interplay between different layers of morality. The case suggests that people seek coherence between these layers rather than work through them one-directionally. By distinguishing between rationales for distributing responsibilities and the actual distributions, possible sources of misunderstanding can be identified. The benefit from acknowledging these different rationales is that it enables actors to recognize the legitimacy of other people’s opinions, ultimately contributing to a responsibility distribution that is both complete and accepted by all as justified. (shrink)

"... Dr. Ihde brings an enlightening and deeply humanistic perspective to major technological developments, both past and present." —Science Books & Films "Don Ihde is a pleasure to read.... The material is full of nice suggestions and details, empirical materials, fun variations which engage the reader in the work... the overall points almost sneak up on you, they are so gently and gradually offered." —John Compton "A sophisticated celebration of cultural diversity and of its enabling technologies.... perhaps the best single (...) volume relating the philosophical tradition to the broad issues raised by contemporary technologies." —Choice "... important and challenging... " —Review of Metaphysics "... a range of rich historical, cultural, philosophical, and psychological insights, woven together in an intriguing and clear exposition... The book is really a pleasure to read, for its style, immense learning and sanity." —Teaching Philosophy The role of tools and instruments in our relation to the earth and the ways in which technologies are culturally embedded provide the foci of this thought-provoking book. (shrink)

In controversies about technology and society, there is no idea more pro vocative than the notion that technical things have political qualities. At issue is the claim that the machines, structures, and systems of modern material culture can be accurately judged not only for their contributions of efficiency and pro-ductivity, not merely for their positive and negative environmental side effects, but also for the ways in which they can embody specific forms of power and authority. Since ideas of this kind (...) have a persistent and troubling presence in discussions about the meaning of technology, they deserve explicit attention... (shrink)