The phrase "natural kind term" has come into the linguistic and philosophical literature in connection with well-known work of Kripke (1972) and Putnam (1970, 1975a). I use that phrase here in the sense it has acquired from those and subseqnent works on related topics. This is not the transparent sense of the phrase. That is, if I am right in what follows there are words for kinds of things existing in nature which are not natural kind terms in the current (...) sense - e.g. planet, woman, and weed. I use the term "nondescriptional", following Salmon (1981), to mean "lacking a Fregean sense", where a Fregean sense is taken to be a property or group of properties semantically associated with an expression which determines its denotation. I hope that the term "nondescriptional" will be clarified in subsequent discussion, but perhaps a few words about it and its opposite, "descriptional", would be useful here. These terms (as Salmon notes (p.15, n. 11)) should be taken as technical terms. The idea is that descriptional words, of which bachelor is the overwhelmingly favorite example, express a semantic content, or sense, which is what mediates their denotation. Entities fall in their denotation in virtue of possessing the property or properties expressed as their sense. (It is not necessary, however, that this sense be as easily paraphrasable with descriptive synonyms as it is typically held to be in the case of bachelor, or even that it be paraphrasable at all.) In the case of nondescriptional words there is no Fregean sense to mediate the link between word and object. Hence such terms are described by what Salmon, following Kaplan, calls "the theory of direct reference". What it is that does associate such terms with their denotations is another question which will be touched on briefly at the end. I have several aims in this paper. The first is to defend a conservative position on nondescriptionality. I will argue that relatively few natural language words have this property. My other aims are primarily clarificatory. Among the issues I would like to clarify are those connected with the determination of this property and flae explanation of why it exists, its relationship with other properties such as rigid designation and essentiality, and its significance for lexical semantics. The organization of the paper is as follows. The first section identifies the position taken here on the question of which expressions are nondescriptional and provides a general defense of it. The second section is a critical examination of criteria associated with nondescriptionality. In the third section provide further defense for the conservative position, and in the fourth section we turn to related issues in lexical semantics. (shrink)

We live in a world of crowds and corporations, artworks and artifacts, legislatures and languages, money and markets. These are all social objects — they are made, at least in part, by people and by communities. But what exactly are these things? How are they made, and what is the role of people in making them? In The Ant Trap, Brian Epstein rewrites our understanding of the nature of the social world and the foundations of the social sciences. Epstein explains (...) and challenges the three prevailing traditions about how the social world is made. One tradition takes the social world to be built out of people, much as traffic is built out of cars. A second tradition also takes people to be the building blocks of the social world, but focuses on thoughts and attitudes we have toward one another. And a third tradition takes the social world to be a collective projection onto the physical world. Epstein shows that these share critical flaws. Most fundamentally, all three traditions overestimate the role of people in building the social world: they are overly anthropocentric. Epstein starts from scratch, bringing the resources of contemporary metaphysics to bear. In the place of traditional theories, he introduces a model based on a new distinction between the grounds and the anchors of social facts. Epstein illustrates the model with a study of the nature of law, and shows how to interpret the prevailing traditions about the social world. Then he turns to social groups, and to what it means for a group to take an action or have an intention. Contrary to the overwhelming consensus, these often depend on more than the actions and intentions of group members. (shrink)

The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart's Postscript, with fully updated notes to include modern references (...) and further reading. (shrink)

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)

ABSTRACTBrian Epstein’s The Ant Trap is a praiseworthy addition to literature on social ontology and the philosophy of social sciences. Its central aim is to challenge received views about the social world – views with which social scientists and philosophers have aimed to answer questions about the nature of social science and about those things that social sciences aim to model and explain, like social facts, objects and phenomena. The received views that Epstein critiques deal with these issues in an (...) overly people-centered manner. After all, even though social facts and phenomena clearly involve individual people arranged in certain ways, we must still spell out how people are involved in social facts and phenomena. There are many metaphysical questions about social properties, relations, dependence, constitution, causation, and facts that cannot be answered just be looking at individual people alone. In order to answer questions about how one social entity depends for its existence on another, we need different metaphysical tools. Epstein thus holds that social ontological explanations would greatly benefit from making use of the theoretical toolkit that contemporary analytical metaphysics has to offer. He focuses specifically on two metaphysical instruments: grounding and anchoring. This paper examines Epstein’s understanding and use of these tools. I contend that Epstein is exactly right to say that contemporary metaphysics contains many theoretical instruments that can be fruitfully applied to social ontological analyses. However, I am unconvinced that Epstein’s tools achieve what they set out to do. In particular, I will address two issues: How is grounding for Epstein meant to work? Is anchoring distinct from grounding, and a relation that we need in social ontology? (shrink)

A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of (...) a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law. (shrink)

Most authors on metaphysical grounding have taken full grounding to be an internal relation in the sense that it's necessary that if the grounds and the grounded both obtain, then the grounds ground the grounded. The negative part of this essay exploits empirical and provably nonparadoxical self-reference to prove conclusively that even immediate full grounding isn't an internal relation in this sense. The positive, second part of this essay uses the notion of a “completely satisfactory explanation” to shed light on (...) the logic of ground in the presence of self-reference. This allows us to develop a satisfactory logic of ground and recover a sense in which grounding is still an internal relation. (shrink)

ABSTRACTThe Ant Trap is a terrific book, which opens up new opportunities to use philosophical methods in the social realm, by drawing on the tools and techniques of contemporary metaphysics. Epstein uses concepts of dependence, constitution, and grounding, of parts and whole, of membership and kindhood, both to clarify existing accounts of social reality and to develop an account of his own. Whilst I admire the general strategy, I take issue with some aspects of Epstein’s implementation, notably his distinction between (...) grounding and anchoring. I recommend that he give up this distinction, which is not crucial to his project. (shrink)

This paper presents a systematic approach for analyzing and explaining the nature of social groups. I argue against prominent views that attempt to unify all social groups or to divide them into simple typologies. Instead I argue that social groups are enormously diverse, but show how we can investigate their natures nonetheless. I analyze social groups from a bottom-up perspective, constructing profiles of the metaphysical features of groups of specific kinds. We can characterize any given kind of social group with (...) four complementary profiles: its “construction” profile, its “extra essentials” profile, its “anchor” profile, and its “accident” profile. Together these provide a framework for understanding the nature of groups, help classify and categorize groups, and shed light on group agency. (shrink)

A number of philosophers have recently become receptive to the idea that, in addition to scientific or causal explanation, there may be a distinctive kind of metaphysical explanation, in which explanans and explanandum are connected, not through some sort of causal mechanism, but through some constitutive form of determination. I myself have long been sympathetic to this idea of constitutive determination or ‘ontological ground’; and it is the aim of the present paper to help put the idea on a firmer (...) footing - to explain how it is to be understood, how it relates to other ideas, and how it might be of use in philosophy. (shrink)

This paper examines Steve Biko’s distinction between black and non-white as a project in the “amelioration” of social concepts and categories. Biko himself—it has been persuasively argued by Mabogo More and Lewis Gordon—writes in the tradition of existential phenomenology. More and Gordon explore Biko’s continuity with Frantz Fanon, and in this paper I draw on their interpretations, attempting to complement and elaborate on these continuities. I also, however, attempt to show how Biko moves beyond Fanon in crucial ways, solving problems (...) that Fanon confronted. By examining Fanon’s and Biko’s categories in light of recent work in social metaphysics, I explore the ways Biko attempts to transform an existing set of oppressive social categories in the world into new social categories. (shrink)

It seems to be a fact about language that people carry on competent and intelligent conversations, day to day, without being able to explain the words they're using. People don't have definitions, even tacit ones, for their words. This is possible in part because language users live in a social network, relying on one another as well as the structure of the world, which takes the burden of definition off the shoulders of the ordinary language user. ;Still, even simple words (...) in fact stand for extremely complex and not especially natural kinds of things. In many cases, it's unlikely that we can look to the traditional sources---either to the definitions of even the most informed experts, or to the regular structures in nature and human practices---for endowing words with meaning. In this dissertation, I work at the margins of the theory of reference, to develop an account of the factors that make it possible for us to introduce words into language. Social kinds are paradigmatic instances of the phenomenon of establishing reference. ;I argue that establishing reference imposes less of a cognitive burden on language users than classic and contemporary accounts suppose. In particular, we often introduce words into language without even having the ability to identify what factors are involved in settling their reference. The reason is that the world---even the world of candidate social kinds---is a sparse place. A rich set of distributed conceptual factors figure into setting up the candidates for reference and hence for settling the reference of newly introducing words, even when the person fixing reference doesn't invoke these factors. I consider the factors that make the world sparse, in particular focusing on both conceptual and historical factors. Moreover, I suggest that studying reference to social kinds doesn't only shed light on how reference fixing works and on the nature of social kinds, but also can be applied reciprocally to reference, understanding language and reference themselves to be social kinds. (shrink)