John Austin's classic work that has had a profound influence on the study of English and American law presents Austin's distinction between "positive law" (i.e.

The Province of Jurisprudence Determined (1832) is a classic of nineteenth-century English jurisprudence, a subject on which Austin had a profound impact. His book is primarily concerned with a meticulous explanation of most of the core concepts of his legal philosophy, including his conception of law, his separation of law and morality, and his theory of sovereignty. Almost a quarter of it consists of an interpretation and defence of the principle of utility. This edition includes the complete and unabridged text (...) of the fifth (1885) and last edition. The comprehensive introduction discusses Austin's life, the main themes of his book, leading criticisms of his ideas, and recent interpretations of his legal philosophy. The edition also includes an up-to-date bibliography and biographical synopses of the principal figures mentioned in the text. (shrink)

v. 1. Editorial introduction -- v. 2. The English and Latin texts (i) -- v. 3. The English and Latin texts (ii).

Written in political exile during the Second World War and first published in 1945, Karl Popper's The Open Society and Its Enemiesis one of the most influential books of the twentieth century. Hailed by Bertrand Russell as a 'vigorous and profound defence of democracy', its now legendary attack on the philosophies of Plato, Hegel and Marx exposed the dangers inherent in centrally planned political systems. Popper's highly accessible style, his erudite and lucid explanations of the thought of great philosophers and (...) the recent resurgence of totalitarian regimes around the world are just three of the reasons for the enduring popularity of The Open Society and Its Enemies, and for why it demands to be read both today and in years to come. This is the second of two volumes of The Open Society and Its Enemies. (shrink)

Good reasoning can lead to success; bad reasoning can lead to catastrophe. Yet, it's not obvious how we reason, and why we make mistakes. This new book by one of the pioneers of the field, Philip Johnson-Laird, looks at the mental processes that underlie our reasoning. It provides the most accessible account yet of the science of reasoning.

In der 1785 veröffentlichten Grundlegung zur Metaphysik der Sitten formuliert Kant erstmals die Prinzipien einer universalistischen Ethik der Autonomie, deren Einfluß bis heute ungebrochen ist. Schon beim Übergang von der gemeinen zur philosophischen Vernunfterkenntnis findet man die Hauptgedanken: In der Ethik geht es nicht primär um das gute Leben und das Glück, und es geht auch zunächst nicht darum, welche Handlungserfolge erzielt werden; Gegenstand moralischer Hochschätzung sind vielmehr Intentionen und Maximen. Gut ist, was für alle vernünftigen Wesen gilt, weil es (...) von ihnen als autonomen und vernünftigen Wesen gewollt wird. Die Schrift ist kurz, einfach gegliedert und verständlich geschrieben. Sie eignet sich daher als Einführung in Kants Ethik, enthält aber zugleich als Grundlegung alle wesentlichen Gedanken seiner praktischen Philosophie. Auf der Grundlage der Originalausgabe von 1785/86 wurde der Text völlig neu erstellt. Eines der wichtigsten Bücher der Philosophiegeschichte liegt damit in einer zuverlässigen und preisgünstigen Neuausgabe vor. (shrink)

Consisting of two essays, this work by a Harvard professor offers his thoughts on the idea of a social contract regulating people's behavior toward one another.

This book offers an overview of the ethical problems posed by Information Warfare, and of the different approaches and methods used to solve them, in order to provide the reader with a better grasp of the ethical conundrums posed by this new form of warfare. -/- The volume is divided into three parts, each comprising four chapters. The first part focuses on issues pertaining to the concept of Information Warfare and the clarifications that need to be made in order to (...) address its ethical implications. The second part collects contributions focusing on Just War Theory and its application to the case of Information Warfare. The third part adopts alternative approaches to Just War Theory for analysing the ethical implications of this phenomenon. Finally, an afterword by Neelie Kroes - Vice President of the European Commission and European Digital Agenda Commissioner - concludes the volume. Her contribution describes the interests and commitments of the European Digital Agenda with respect to research for the development and deployment of robots in various circumstances, including warfare. (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)

Tthis book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.

In his most recent work, Jürgen Habermas has proposed a deliberative account of tolerance where the norms of tolerance—including the threshold of tolerance and the norms regulating the relationship between the tolerating and the tolerated parties—are the outcomes of deliberations among the citizens affected by the norms. He thinks that in this way, the threshold of tolerance can be rationalized and the relationship between tolerating and tolerated will rest on the symmetrical relations of public deliberations. In this essay, and inspired (...) by Jacques Derrida's work on the concept of hospitality, I propose a deconstructive reading of Habermas's writings on tolerance. I argue that Habermas is ultimately unable to provide a rational foundation for tolerance and that his conception of tolerance encounters the same problems he is trying to avoid, namely, the contingency of the threshold of tolerance and a paternalistic relation between tolerating and tolerated. Yet, contra Habermas, the deconstruction of tolerance does not result in its destruction and does not force us to give up on the concept and practice of tolerance. (shrink)

In his most recent work, Jürgen Habermas has proposed a deliberative account of tolerance where the norms of tolerance--including the threshold of tolerance and the norms regulating the relationship between the tolerating and the tolerated parties--are the outcomes of deliberations among the citizens affected by the norms. He thinks that in this way, the threshold of tolerance can be rationalized and the relationship between tolerating and tolerated will rest on the symmetrical relations of public deliberations. In this essay, and inspired (...) by Jacques Derrida's work on the concept of hospitality, I propose a deconstructive reading of Habermas's writings on tolerance. I argue that Habermas is ultimately unable to provide a rational foundation for tolerance and that his conception of tolerance encounters the same problems he is trying to avoid, namely, the contingency of the threshold of tolerance and a paternalistic relation between tolerating and tolerated. Yet, contra Habermas, the deconstruction of tolerance does not result in its destruction and does not force us to give up on the concept and practice of tolerance. (shrink)

In The Construction of Social Reality, John Searle argues that there are two kinds of facts--some that are independent of human observers, and some that require..

The existing literature treats of several investigations with a certain bearing on the question which is roughly indicated by the title “Imperatives and Logic.” Some of those investigations, however, are entirely outside the scope of the present work.Mally sets himself the task of developing a “Logik des Willens” constituting a parallel to the usual logic, the “Logik des Denkens". In order to emphasize its independence, the author also calls this “Logik des Willens” “Deontik”, and he conceives it as being based (...) on the “Wesensgesetze” of will in the same way as the usual logic is conceived as being based on the “Wesensgesetze” of thought. The author develops a formalistic deductive system on the basis of 5 axioms of demands, including the axiom that there is at least one fact which is unconditionally demanded, and through a lengthy series of theorems he arrives at the sentence that what is unconditionally demanded is identical with what is actually the case: “was sein soll, ist Tatsache”. Similarly, the author develops a system of axioms for “right” volition, including the axiom that right volition is non-contradictory. (shrink)

If we are to understand the concept of toleration in terms of everyday life, we must address a key philosophical and political tension: the call for restraint when encountering apparently wrong beliefs and actions versus the good reasons for interfering with the lives of the subjects of these beliefs and actions. This collection contains original contributions to the ongoing debate on the nature of toleration, including its definition, historical development, justification, and limits. In exploring the issues surrounding toleration, the essays (...) address a variety of provocative questions. Is toleration a moral virtue of individuals or rather a pragmatic political compromise? Is it an intrinsically good principle or only a "second best-solution" to the dangers of fanaticism to be superseded one day by the full acceptance of others? Does the value of toleration lie in respect to individuals and their autonomy, or rather in the recognition of the right of minority groups to maintain their communal identity? Throughout, the contributors point to the inherent indeterminacy of the concept and to the difficulty in locating it between intolerant absolutism and skeptical pluralism. Religion, sex, speech, and education are major areas requiring toleration in liberal societies. By applying theoretical analysis, these essays show the differences in the argument for toleration and its scope in each of these realms. The contributors include Joshua Cohen, George Fletcher, Gordon Graham, Alon Harel, Moshe Halbertal, Barbara Herman, John Horton, Will Kymlicka, Avishai Margalit, David Richards, Thomas Scanlon, and Bernard Williams. (shrink)

In this paper we present a Gentzen system for reasoning with contrary-to-duty obligations. The intuition behind the system is that a contrary-to-duty is a special kind of normative exception. The logical machinery to formalise this idea is taken from substructural logics and it is based on the definition of a new non-classical connective capturing the notion of reparational obligation. Then the system is tested against well-known contrary-to-duty paradoxes.

The paper develops some of the conclusions, reached in Floridi (2007), concerning the future developments of Information and Communication Technologies (ICTs) and their impact on our lives. The two main theses supported in that article were that, as the information society develops, the threshold between online and offline is becoming increasingly blurred, and that once there won't be any significant difference, we shall gradually re-conceptualise ourselves not as cyborgs but rather as inforgs, i.e. socially connected, informational organisms. In this paper, (...) I look at the development of the so-called Semantic Web and Web 2.0 from this perspective and try to forecast their future. Regarding the Semantic Web, I argue that it is a clear and well-defined project, which, despite some authoritative views to the contrary, is not a promising reality and will probably fail in the same way AI has failed in the past. Regarding Web 2.0, I argue that, although it is a rather ill-defined project, which lacks a clear explanation of its nature and scope, it does have the potentiality of becoming a success (and indeed it is already, as part of the new phenomenon of Cloud Computing) because it leverages the only semantic engines available so far in nature, us. I conclude by suggesting what other changes might be expected in the future of our digital environment. (shrink)

The use of “levels of abstraction” in philosophical analysis (levelism) has recently come under attack. In this paper, I argue that a refined version of epistemological levelism should be retained as a fundamental method, called the method of levels of abstraction. After a brief introduction, in section “Some Definitions and Preliminary Examples” the nature and applicability of the epistemological method of levels of abstraction is clarified. In section “A Classic Application of the Method ofion”, the philosophical fruitfulness of the new (...) method is shown by using Kant’s classic discussion of the “antinomies of pure reason” as an example. In section “The Philosophy of the Method of Abstraction”, the method is further specified and supported by distinguishing it from three other forms of “levelism”: (i) levels of organisation; (ii) levels of explanation and (iii) conceptual schemes. In that context, the problems of relativism and antirealism are also briefly addressed. The conclusion discusses some of the work that lies ahead, two potential limitations of the method and some results that have already been obtained by applying the method to some long-standing philosophical problems. (shrink)

The phenomenon of distributed knowledge is well-known in epistemic logic. In this paper, a similar phenomenon in ethics, somewhat neglected so far, is investigated, namely distributed morality. The article explains the nature of distributed morality, as a feature of moral agency, and explores the implications of its occurrence in advanced information societies. In the course of the analysis, the concept of infraethics is introduced, in order to refer to the ensemble of moral enablers, which, although morally neutral per se, can (...) significantly facilitate or hinder both positive and negative moral behaviours. (shrink)

This is the revised version of an invited keynote lecture delivered at the "1st Australian Computing and Philosophy Conference". The paper is divided into two parts. The first part defends an informational approach to structural realism. It does so in three steps. First, it is shown that, within the debate about structural realism, epistemic and ontic structural realism are reconcilable. It follows that a version of OSR is defensible from a structuralist-friendly position. Second, it is argued that a version of (...) OSR is also plausible, because not all relata are logically prior to relations. Third, it is shown that a version of OSR is also applicable to both sub-observable and observable entities, by developing its ontology of structural objects in terms of informational objects. The outcome is informational structural realism, a version of OSR supporting the ontological commitment to a view of the world as the totality of informational objects dynamically interacting with each other. The paper has been discussed by several colleagues and, in the second half, ten objections that have been moved to the proposal are answered in order to clarify it further. (shrink)

Clear, concise and comprehensive, this is the ideal introduction to the philosophy of law for those studying it for the first time.

This book traces the growth of philosophical justifications of toleration. The contributors discuss the grounds on which we may be required to be tolerant and the proper limits of toleration. They consider the historical and conceptual relation between toleration and scepticism and ask whether toleration is justified by considerations of autonomy or of prudence. The papers cover a range of perspectives on the subject, including Marxist and Socialist as well as liberal views. The editor's introduction prepares the ground by discussing (...) the essential features of the subject and offers a lucid survey of the theories and arguments put forward in the book. The collection arises out of the Morrell Toleration Project at the University of York and all the papers were written as contributions to that project. The discussion will be of interest to specialists in philosophy, in political and social theory and in intellectual history. (shrink)

Who are we, and how do we relate to each other? Luciano Floridi, one of the leading figures in contemporary philosophy, argues that the explosive developments in Information and Communication Technologies is changing the answer to these fundamental human questions. As the boundaries between life online and offline break down, and we become seamlessly connected to each other and surrounded by smart, responsive objects, we are all becoming integrated into an "infosphere". Personas we adopt in social media, for example, feed (...) into our 'real' lives so that we begin to live, as Floridi puts in, "onlife". Following those led by Copernicus, Darwin, and Freud, this metaphysical shift represents nothing less than a fourth revolution. "Onlife" defines more and more of our daily activity - the way we shop, work, learn, care for our health, entertain ourselves, conduct our relationships; the way we interact with the worlds of law, finance, and politics; even the way we conduct war. In every department of life, ICTs have become environmental forces which are creating and transforming our realities. How can we ensure that we shall reap their benefits? What are the implicit risks? Are our technologies going to enable and empower us, or constrain us? Floridi argues that we must expand our ecological and ethical approach to cover both natural and man-made realities, putting the 'e' in an environmentalism that can deal successfully with the new challenges posed by our digital technologies and information society. (shrink)

Why should we be tolerant? What does it mean to ‘live and let live’? What ought to be tolerated and what not? Catriona McKinnon presents a comprehensive, yet accessible introduction to toleration in her new book. Divided into two parts, the first clearly introduces and assesses the major theoretical accounts of toleration, examining it in light of challenges from scepticism, value pluralism and reasonableness. The second part applies the theories of toleration to contemporary debates such as female circumcision, French Headscarves, (...) artistic freedom, pornography and censorship, and holocaust denial. Drawing on the work of philosophers, such as Locke, Mill and Rawls, whose theories are central to toleration, the book provides a solid theoretical base to those who value toleration, whilst considering the challenges toleration faces in practice. It is the ideal starting point for those coming to the topic for the first time, as well as anyone interested in the challenges facing toleration today. (shrink)

Tolerance—though seen to be necessary on a world divided by deep differences—often strikes us as grudgingly given and resentfully received. Conceived more widely, however, tolerance can be seen to occupy the difficult, and contested, terrain between merely putting up with and accepting others.

Luciano Floridi develops the first ethical framework for dealing with the new challenges posed by Information and Communication Technologies. He establishes the conceptual foundations of Information Ethics by exploring important metatheoretical and introductory issues, and answering key theoretical questions of great philosophical interest.

Published in 1785, the Groundwork of the Metaphysics of Morals is one of the most powerful texts in the history of ethical thought. In this book, Immanuel Kant formulates and justifies a supreme principle of morality that issues universal and unconditional moral commands. These commands receive their normative force from the fact that rational agents autonomously impose the moral law upon themselves. As such, they are laws of freedom. This volume contains the first facing-page German-English edition of Kant's Groundwork. It (...) presents a new, authentic edition of the German text and a carefully revised version of Mary Gregor's acclaimed English translation, as well as editorial notes and a full bilingual index. It will be the edition of choice for any student or scholar who is not content with reading this central contribution to modern moral philosophy through the veil of English translation. (shrink)

John Locke's subtle and influential defense of religious toleration as argued in his seminal _Letter Concerning Toleration_ appears in this edition as introduced by one of our most distinguished political theorists and historians of political thought.

Harry Gensler engages the reader with the basics of logic through practical examples and important arguments in the history of philosophy and from contemporary philosophy.

Thomas Hobbes took a new look at the ways in which society should function, and he ended up formulating the concept of political science. His crowning achievement, Leviathan, remains among the greatest works in the history of ideas. Written during a moment in English history when the political and social structures as well as methods of science were in flux and open to interpretation, Leviathan played an essential role in the development of the modern world. This edition of Hobbes' landmark (...) work is based on the original text. It incorporates the author's own corrections and retains the period spelling and punctuation, offering both flavorful authenticity and the utmost clarity of expression. (shrink)

The term “toleration”—from the Latin tolerare: to put up with, countenance or suffer—generally refers to the conditional acceptance of or non-interference with beliefs, actions or practices that one considers to be wrong but still “tolerable,” such that they should not be prohibited or constrained. There are many contexts in which we speak of a person or an institution as being tolerant: parents tolerate certain behavior of their children, a friend tolerates the weaknesses of another, a monarch tolerates dissent, a church (...) tolerates homosexuality, a state tolerates a minority religion, a society tolerates deviant behavior. Thus for any analysis of the motives and reasons for toleration, the relevant contexts need to be taken into account. (shrink)

What is the ultimate nature of reality? This paper defends an answer in terms of informational realism (IR). It does so in three stages. First, it is shown that, within the debate about structural realism (SR), epistemic (ESR) and ontic (OSR) structural realism are reconcilable by using the methodology of the levels of abstractions. It follows that OSR is defensible from a structuralist-friendly position. Second, it is argued that OSR is also plausible, because not all related objects are logically prior (...) to all relational structures. The relation of difference is at least as fundamental as (because constitutive of) any relata. Third, it is suggested that an ontology of structural objects for OSR can reasonably be developed in terms of informational objects, and that Object Oriented Programming provides a flexible and powerful methodology with which to clarify and make precise the concept of “informational object”. The outcome is informational realism, the view that the world is the totality of informational objects dynamically interacting with each other.. (shrink)

John Searle began to discuss his recently published book `The Construction of Social Reality' with Anthony Freeman, and they ended up talking about God. The book itself and part of their conversation are introduced and briefly reflected upon by Anthony Freeman. Many familiar social facts -- like money and marriage and monarchy -- are only facts by human agreement. They exist only because we believe them to exist. That is the thesis, at once startling yet obvious, that philosopher John Searle (...) explores in The Construction of Social Reality. (shrink)