What is law (and why should we care)? -- Crazy little thing called "law" -- Austin's sanction theory -- Hart and the rule of recognition -- How to do things with plans -- The making of a legal system -- What law is -- Legal reasoning and judicial decision making -- Hard cases -- Theoretical disagreements -- Dworkin and distrust -- The economy of trust -- The interpretation of plans -- The value of legality.

Modern empiricism has been conditioned in large part by two dogmas. One is a belief in some fundamental cleavage between truths which are analytic, or grounded in meanings independently of matters of fact, and truth which are synthetic, or grounded in fact. The other dogma is reductionism: the belief that each meaningful statement is equivalent to some logical construct upon terms which refer to immediate experience. Both dogmas, I shall argue, are ill founded. One effect of abandoning them is, as (...) we shall see, a blurring of the supposed boundary between speculative metaphysics and natural science. Another effect is a shift toward pragmatism. (shrink)

In “Against Arguments from Reference” (Mallon et al., 2009), Ron Mallon, Edouard Machery, Shaun Nichols, and Stephen Stich (hereafter, MMNS) argue that recent experiments concerning reference undermine various philosophical arguments that presuppose the correctness of the causal-historical theory of reference. We will argue three things in reply. First, the experiments in question—concerning Kripke’s Gödel/Schmidt example—don’t really speak to the dispute between descriptivism and the causal-historical theory; though the two theories are empirically testable, we need to look at quite different data (...) than MMNS do to decide between them. Second, the Gödel/Schmidt example plays a different, and much smaller, role in Kripke’s argument for the causal-historical theory than MMNS assume. Finally, and relatedly, even if Kripke is wrong about the Gödel/Schmidt example—indeed, even if the causal-historical theory is not the correct theory of names for some human languages—that does not, contrary to MMNS’s claim, undermine uses of the causalhistorical theory in philosophical research projects. (shrink)

Machery, Mallon, Nichols, and Stich [2004; forthcoming] use experimental methods to raise a spectre of doubt about reliance on intuitions in developing theories of reference which are then deployed in philosophical arguments outside the philosophy of language. Machery et al. ran a cross-cultural survey asking Western and East Asian participants about a famous case from the philosophical literature on reference (Kripke's G del example). They interpret their results as indicating that there is significant variation in participants' intuitions about semantic reference (...) for that case. We argue that this interpretation is mistaken. We detail a type of ambiguity found in Machery et al.'s probe but not yet noted in the response literature. We argue that this epistemic ambiguity could have affected their results. We do not stop there, however: Rather than rest content with a possibility claim, we ran four studies to test the impact of this ambiguity on participants' responses. We found that this accounts for much of the variation in Machery et al.'s original experiment. We conclude that in the light of our new data, their argument is no longer convincing. (shrink)

There are two ways of understanding the notion of a contradiction: as a conjunction of a statement and its negation, or as a pair of statements one of which is the negation of the other. Correspondingly, there are two ways of understanding the Law of Non-Contradiction (LNC), i.e., the law that says that no contradictions can be true. In this paper I offer some arguments to the effect that on the first (collective) reading LNC is non-negotiable, but on the second (...) (distributive) reading it is perfectly plausible to suppose that LNC may, in some rather special and perhaps undesirable circumstances, fail to hold. (shrink)

The paper criticizes epistemological conceptions of analytic or conceptual truth, on which assent to such truths is a necessary condition of understanding them. The critique involves no Quinean scepticism about meaning. Rather, even granted that a paradigmatic candidate for analyticity is synonymy with a logical truth, both the former and the latter can be intelligibly doubted by linguistically competent deviant logicians, who, although mistaken, still constitute counterexamples to the claim that assent is necessary for understanding. There are no analytic or (...) conceptual truths in the epistemological sense. The critique is extended to purportedly analytic inference rules. An alternative account is sketched on which understanding a word is a matter of participation in a linguistic practice, while synonymy and concept identity consist in sameness of truth-conditional semantic properties. Although there are philosophical questions about concepts, the idea that philosophical questions in general are conceptual questions generates only an illusion of insight into philosophical methodology. (shrink)

Theories of reference have been central to analytic philosophy, and two views, the descriptivist view of reference and the causal-historical view of reference, have dominated the field. In this research tradition, theories of reference are assessed by consulting one’s intuitions about the reference of terms in hypothetical situations. However, recent work in cultural psychology (e.g., Nisbett et al. 2001) has shown systematic cognitive differences between East Asians and Westerners, and some work indicates that this extends to intuitions about philosophical cases (...) (Weinberg et al. 2001). In light of these findings on cultural differences, two experiments were conducted which explored intuitions about reference in Westerners and East Asians. Both experiments indicate that, for certain central cases, Westerners are more likely than East Asians to report intuitions that are consistent with the causal-historical view. These results constitute prima facie evidence that semantic intuitions vary from culture to culture, and the paper argues that this fact raises questions about the nature of the philosophical enterprise of developing a theory of reference. (shrink)

Frank Jackson champions the cause of conceptual analysis as central to philosophical inquiry. In recent years conceptual analysis has been undervalued and widely misunderstood, suggests Jackson. He argues that such analysis is mistakenly clouded in mystery, preventing a whole range of important questions from being productively addressed. He anchors his argument in discussions of specific philosophical issues, starting with the metaphysical doctrine of physicalism and moving on, via free will, meaning, personal identity, motion, and change, to ethics and the philosophy (...) of color. In this way the book not only offers a methodological program for philosophy, but also casts new light on some much-debated problems and their interrelations. (shrink)

The second volume in the _Blackwell Brown Lectures in Philosophy_, this volume offers an original and provocative take on the nature and methodology of philosophy. Based on public lectures at Brown University, given by the pre-eminent philosopher, Timothy Williamson Rejects the ideology of the 'linguistic turn', the most distinctive trend of 20th century philosophy Explains the method of philosophy as a development from non-philosophical ways of thinking Suggests new ways of understanding what contemporary and past philosophers are doing.

This essay criticizes Williamson’s attempt, in his book, The Philosophy of Philosophy, to undermine the interest of the a priori–a posteriori distinction. Williamson’s argument turns on several large claims. The first is that experience often plays a role intermediate between evidential and merely enabling, and that this poses a difficulty for giving a theoretically satisfying account of the distinction. The second is that there are no constitutive understanding–assent links. Both of these claims are subjected to detailed scrutiny. In particular, it (...) is argued that Williamson’s case of the deviant logician, Simon, fails to constitute an intelligible counterexample to the status of conjunction elimination as an understanding–assent link for ‘and’. (shrink)

In their delightfully provocative paper, “Semantics, Cross-Cultural Style,” Edouard Machery, Ron Mallon, Shaun Nichols, and Stephen Stich (2004),[1] make several striking claims about theories of reference. First, they claim: (I) Philosophical views about reference “are assessed by consulting one’s intuitions about the reference of terms in hypothetical situations” (p. B1). This claim is prompted by their observations of the role of intuitions in Saul Kripke’s refutation of the descriptivist view of proper names in favor of a causal-historical view (1980). The (...) particular intuitions they attend to are those aired in discussing Kripke’s cases of Gödel and Jonah. This prompts the next claim: (II) Those particular cases are “central” to Kripke’s refutation (p. B1). Indeed, Machery et al describe these cases as “some of the most influential thought experiments in the philosophy of reference” (p. B8). Inspired by recent work in psychology (e.g., Nisbett et al 2001) that shows “systematic cognitive differences between East Asians and Westerners” (p. B1), Machery et al predicted that there would be cultural differences in referential intuitions. They conducted some ingenious experiments on Gödel and Jonah cases to test this predication. The results in the Gödel cases, although not in the Jonah cases, confirmed their prediction, leading them to conclude: “Westerners are more likely than East Asians to report intuitions that are consistent with the causal-historical view” (p. B1). And, implicitly, they claim: (III) These results raise serious doubts about Kripke’s refutation, which relies solely on the intuitions of Westerners. They are explicit about the following bolder claim: (IV) The fact of these cultural differences “raises questions about the nature of the philosophical enterprise of developing a theory of reference” (p. B1); it points to “significant philosophical conclusions” (p.. (shrink)

What does it take to count as competent with the meaning of a thin evaluative predicate like 'is the right thing to do'? According to minimalists like Allan Gibbard and Ralph Wedgwood, competent speakers must simply use the predicate to express their own motivational states. According to analytic descriptivists like Frank Jackson, Philip Pettit and Christopher Peacocke, competent speakers must grasp a particular criterion for identifying the property picked out by the term. Both approaches face serious difficulties. We suggest that (...) these difficulties derive from a shared background assumption that competence conditions must be explained in terms of a determinate conceptual role. We propose a new way of characterizing competence with evaluative terms: what's required for competence is participation in a shared epistemic practice with a term. Our approach, we argue, better explains the nature of evaluative inquiry and the extent of disagreement about evaluative questions. (shrink)

A dialetheia is a sentence, A, such that both it and its negation, A, are true (we shall talk of sentences throughout this entry; but one could run the definition in terms of propositions, statements, or whatever one takes as her favourite truth bearer: this would make little difference in the context). Assuming the fairly uncontroversial view that falsity just is the truth of negation, it can equally be claimed that a dialetheia is a sentence which is both true and (...) false. (shrink)

Abstract: Some proponents of “experimental philosophy” criticize philosophers' use of thought experiments on the basis of evidence that the verdicts vary with truth-independent factors. However, their data concern the verdicts of philosophically untrained subjects. According to the expertise defence, what matters are the verdicts of trained philosophers, who are more likely to pay careful attention to the details of the scenario and track their relevance. In a recent article, Jonathan M. Weinberg and others reply to the expertise defence that there (...) is no evidence for such expertise. They now receive a reply in this article, which argues that they have misconstrued the dialectical situation. Since they have produced no evidence that philosophical training is less efficacious for thought experimentation than for other cognitive tasks for which they acknowledge that it produces genuine expertise, such as informal argumentation, they have produced no evidence for treating the former more sceptically than the latter. (shrink)

It is a long time since I have admired a book as much as I admire this one. It is a long time since I have disagreed with a book as profoundly as I disagree with this one. I hope this combination of reactions on my part has more than whatever limited biographical interest it has. I hope it helps to signal the combination of excellence and provocation that mark Timothy Williamson's book, which is at once beautifully clear, forcefully argued, (...) continually insightful, and, in my view, deeply wrong.One thing that I admire about the book is Williamson's preparedness to reflect philosophically on the nature of philosophy, something that is surprisingly rare in a discipline that is marked by such a high degree of self-consciousness and in which there are so few scruples about reflecting on the nature of other disciplines. One thing that gives me pause is Williamson's lack of serious engagement with the history of philosophy. 1 I am convinced that the philosophy of philosophy will always be seriously handicapped if it is as dissociated from the history of philosophy as this. But I shall not dwell on that concern here, because Williamson is clear enough about where his interests lie and I would be in danger, if I did, of succumbing to that familiar absurdity of berating an author for not having written a numerically different book.What I will say is that Williamson's failure to engage seriously with the history of philosophy seems to me indicative of a scientism about philosophy which, despite how much he does to motivate his conception of the discipline, is manifest in how much …. (shrink)

Many philosophers hold that experts’ semantic intuitions are more reliable and provide better evidence than lay people’s intuitions—a thesis commonly called “the Expertise Defense.” Focusing on the intuitions about the reference of proper names, this article critically assesses the Expertise Defense.

A dialetheia is a sentence, A, such that both it and its negation, ¬A, are true (we shall talk of sentences throughout this entry; but one could run the definition in terms of propositions, statements, or whatever one takes as her favourite truth-bearer: this would make little difference in the context). Assuming the fairly uncontroversial view that falsity just is the truth of negation, it can equally be claimed that a dialetheia is a sentence which is both true and false.

Theories of reference have been central to analytic philosophy, and two views, the descriptivist view of reference and the causal-historical view of reference, have dominated the field. In this research tradition, theories of reference are assessed by consulting one's intuitions about the reference of terms in hypothetical situations. However, recent work in cultural psychology has shown systematic differences between East Asians and Westerners, and some work indicates that this extends to intuitions about philosophical cases. In light of these findings on (...) cultural differences, two experiments were conducted which explored intuitions about reference in Westerners and East Asians. Both experiments indicate that, for certain central cases, Westerners are more likely than East Asians to report intuitions that are consistent with the causal-historical view. These results constitute prima facie evidence that semantic intuitions vary from culture to culture, and that paper argues that this fact raises questions about the nature of the philosophical enterprise of developing a theory of reference. (shrink)

Shapiro has recently argued that Dworkin posed a new objection to legal positivism in Law's Empire, to which positivists, he says, have not adequately responded. Positivists, the objection goes, have no satisfactory account of what Dworkin calls “theoretical disagreement” about law, that is, disagreement about “the grounds of law” or what positivists would call the criteria of legal validity. I agree with Shapiro that the critique is new, and disagree that it has not been met. Positivism can not offer an (...) explanation that preserves the “face value” of theoretical disagreements, because the only intelligible dispute about the criteria of legal validity is an empirical or “head count” dispute, i.e., a dispute about what judges are doing, and how many of them are doing it. Positivism, however, has two other explanations for theoretical disagreement, which “explain away” rather than preserve the “face value” disagreement. According to positivists, either theoretical disagreements are disingenuous, in the sense that the parties, consciously or unconsciously, are really trying to change the law, that is, they are trying to say, as Dworkin puts it, “what it should be” not “what the law is”; or they are simply in error, that is, they honestly think there is a fact of the matter about what the grounds of law are, and thus what the law is, in the context of their disagreement, but they are mistaken, because, in truth, there is no fact of the matter about the grounds of law in this instance precisely because there is no convergent practice of behavior among officials constituting a Rule of Recognition on this point. The “Disingenuity” and “Error Theory” accounts of theoretical disagreement are explored, with attention to the theoretical desiderata at stake in choosing between competing explanatory theories. Particular attention is given to the best explanation for Riggs v. Palmer in light of the actual historical context of the decision and other opinions by the Riggs judges in contemporaneous cases. (shrink)

My agreement with Hilary Kornblith goes deeper than any remaining disagreement. We agree that armchair methods have a legitimate place in philosophy, for instance in logic. We agree that appeals to experimental data also have a legitimate place in philosophy, for instance in the philosophy of mind and the philosophy of time, and that those branches study mind and time themselves, not just our concepts of them. We agree that the proper balance between armchair and other methods cannot be fully (...) determined in advance, but should to some extent emerge from the future development of the discipline. Nevertheless, as Kornblith says, we are not placing quite the same bets on what that balance will be. I expect armchair methods to play legitimately a more dominant role in future philosophy than he expects them to – of course, such differences in emphasis can result in widening divergence in practice.The Philosophy of Philosophy welcomes a significant degree of methodological diversity short of ‘Anything goes’, for often the best long-run way to evaluate a philosophical method is for many able philosophers to use it for many years . That includes methods that make heavy use of experimental data. The book is not an attack on experimental philosophy, in which I have even dabbled myself . I could hardly object to Kornblith's suggestion that experimental psychology should contribute to epistemology, since in discussing the epistemology of logic I appeal to experimental data from the psychology of reasoning . Indeed, it would be a grave failure of philosophy in its current state of development if it neglected to explore the philosophical applications of experimental data far more extensively than has hitherto been done. It is work that needs doing and surely will be done, although I do not expect to …. (shrink)