This paper construes various positions in the philosophy of science and the philosophy of law as responses to the problem of underdetermination in science and in law. We begin by drawing a close analogy between the successive approaches to this problem in the two fields. In particular, we stress the analogy between conventionalism as a philosophy of science and legal realism as a philosophy of law, and between Putnam's and Dworkin's critiques of these positions. We then challenge the Putnam-Dworkin strategy, (...) arguing that their attempts to combat underdetermination are unsuccessful. We are thus led to scepticism regarding the outlook underlying the celebrated maxim, “ruled by law, not by men”. (shrink)

Wittgenstein's work remains, undeniably, now, that off one of those few philosophers who will be read by all future generations.

For the past four decades, Anglo-American legal philosophy has been preoccupied – some might say obsessed – with something called the “Hart-Dworkin” debate. Since the appearance in 1967 of “The Model of Rules I,” Ronald Dworkin’s seminal critique of H.L.A. Hart’s theory of legal positivism, countless books and articles have been written either defending Hart against Dworkin’s objections or defending Dworkin against Hart’s defenders. My purpose in this essay is not to declare an ultimate victor; rather it is to identify (...) precisely the core issue around which the debate is organized. Is the Hart-Dworkin debate, for example, about whether the law contains principles, as well as rules? Or does it concern whether judges have discretion in hard cases? Is it about the proper way to interpret legal texts in the American legal system? Or is it about the very possibility of conceptual jurisprudence? Although trying to capture the essence of a philosophical debate can be tricky, I think that there is an important unity to the Hart-Dworkin debate that can be described in a relatively straightforward manner. I suggest that the debate is organized around one of the most profound issues in the philosophy of law, namely, the relation between legality and morality. Dworkin’s basic strategy throughout the course of the debate has been to argue that, in one form or another, legality is ultimately determined not by social facts alone, but by moral facts as well. This contention directly challenges, and threatens to undermine, the positivist picture about the nature of law, in which legality is never determined by morality, but solely by social practice. As one might expect, the response by Hart and his followers has been to argue that this dependence of legality on morality is either merely apparent or does not, in fact, undermine the social foundations of law. The Hart-Dworkin debate, I also try to show, is not a monolithic entity. In the second half of the paper, I describe how Dworkin modified his critique to circumvent the responses of Hart’s followers, thereby inaugurating a new phase in the debate. Virtually no attention, however, has been paid to this latter challenge, which is especially surprising given that none of the previous positivistic defenses are helpful against it. I then sketch out a possible response positivists might offer to this extremely powerful objection. (shrink)

Editorial preface to the fourth edition and modified translation -- The text of the Philosophische Untersuchungen -- Philosophische untersuchungen = Philosophical investigations -- Philosophie der psychologie, ein fragment = Philosophy of psychology, a fragment.

This book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. statutes, judicial decisions, (...) official customs) from which norms can be derived that function as sources of content-independent reasons for judges to decide legal cases one way or another. The relevant notion of content-independence is derived (with qualifications) from H.L.A. Hart's jurisprudence. Indeed, the book's analysis of the concept of a source of law relies at various points on Hartian insights about law and legal reasoning. Chapter 4 argues that legal scholarship - or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal - can be, and indeed is, used as a source of law in modern legal systems. The conclusion that legal scholarship is used as a source of law (and thus as a source of content-independent reasons for action) may come as a surprise to those who associate judicial recourse to legal scholarship with judicial activism. This association is discussed and criticized in Chapters 5 and 6. It is argued that, in spite of a relatively common opinion to the contrary, legal scholarship can be used to mitigate discretion. In fact, it is precisely because it can be used in this way that judges sometimes refer to scholarship deceptively and suggest that it limits discretion in situations in which it really does not. The concluding chapter addresses potential objections not explicitly discussed in earlier chapters.. (shrink)

This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.

Hilary Putnam, one of America’s most distinguished philosophers, surveys an astonishingly wide range of issues and proposes a new, clear-cut approach to philosophical questions—a renewal of philosophy. He contests the view that only science offers an appropriate model for philosophical inquiry. His discussion of topics from artificial intelligence to natural selection, and of reductive philosophical views derived from these models, identifies the insuperable problems encountered when philosophy ignores the normative or attempts to reduce it to something else.

Thomas Samuel Kuhn (1922–1996) is one of the most influential philosophers of science of the twentieth century, perhaps the most influential. His 1962 book The Structure of Scientific Revolutions is one of the most cited academic books of all time. Kuhn’s contribution to the philosophy of science marked not only a break with several key positivist doctrines, but also inaugurated a new style of philosophy of science that brought it closer to the history of science. His account of the development (...) of science held that science enjoys periods of stable growth punctuated by revisionary revolutions. To this thesis, Kuhn added the controversial ‘incommensurability thesis’, that theories from differing periods suffer from certain deep kinds of failure of comparability. (shrink)

"This book is valuable as expounding in full a theory of meaning that has its roots in the work of Frege and has been of the widest influence.

In this brief book one of the most distinguished living American philosophers takes up the question of whether ethical judgments can properly be considered objective--a question that has vexed philosophers over the past century. Reviewing what he deems the disastrous consequences of ontology's influence on analytic philosophy--in particular, the contortions it imposes upon debates about the objective of ethical judgments--Putnam proposes abandoning the very idea of ontology.

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)

Like many recent works in legal theory, especially those focusing on the apparently conflicting schools of legal positivism and natural law, Waluchow’s Inclusive Legal Positivism begins by admitting a degree of perplexity about the field; indeed, he suggests that the field has fallen into “chaos”. Disturbingly, those working within legal theory appear most uncertain about what the tasks of their field are. Legal philosophers often seem to suspect strongly that at least their colleagues in the field are confused about those (...) tasks. As a result, many recent books in legal theory are in large part exercises in legal metatheory, devoting many pages to attempts to define the purposes and goals of the field. Waluchow follows this trend and begins by expressing a desire to clarify the issues that separate those trying to give an account of the nature of law. His ultimate goal is to defend a version of legal positivism, inclusive legal positivism, that he thinks is at least implicit in H. L. A. Hart’s work. (shrink)

Recent work on Natural Kind Essentialism has taken a deflationary turn. The assumptions about the grounds of essentialist truths concerning natural kinds familiar from the Kripke-Putnam framework are now considered questionable. The source of the problem, however, has not been sufficiently explicated. The paper focuses on the Twin Earth scenario, and it will be demonstrated that the essentialist principle at its core (which I call IDENT)—that necessarily, a sample of a chemical substance, A, is of the same kind as another (...) sample, B, if and only if A and B have the same microstructure—must be re-evaluated. The Twin Earth scenario also assumes the falsity of another essentialist principle (which I call INST): necessarily, there is a 1:1 correlation between (all of ) the chemical properties of a chemical substance and the microstructure of that substance. This assumption will be questioned, and it will be argued that, in fact, the best strategy for defending IDENT is to establish INST. The prospects for Natural Kind Essentialism and microstructural essentialism regarding chemical substances will be assessed with reference to recent work in the philosophy of chemistry. Finally, a weakened form of INST will be presented. (shrink)

Suppe, F. The search for philosophic understanding of scientific theories (p. [1]-241)--Proceedings of the symposium.--Bibliography, compiled by Rew A. Godow, Jr. (p. [615]-646).

In this lecture I describe the path by which I was led to the “semantic externalism” for which I was honoured with the Rolf Schock Prize. Although my interest in linguistics goes back as far as my undergraduate days, it was conversations with Jerrold Katz and Jerry Fodor at MIT (where all three of us taught at the time) in the 1960s that first led to an effort by all three of us to develop semantic theories. My own direction was (...) a false one, by my present lights; at that time all three of us defended the “internalist” view that the meaning of a word is fixed by a “battery of semantical rules” implicitly known by each speaker. I describe how I was led to the realization that this could not be right, and finally to the views I defended in “The Meaning of ‘Meaning' ”. (shrink)

A renewal of philosophy is precisely the point of this book, drawn from the 1989 Gifford Lectures by one of America's most distinguished philosophers.

In this brief book one of the most distinguished living American philosophers takes up the question of whether ethical judgments can properly be considered ...

In a recent comment on H.L.A. Hart’s ‘Postscript’ to The Concept of Law, Ronald Dworkin claims that the meaning of legal and political concepts may be understood by analogy to the meaning of natural kind concepts like ‘tiger’, ‘gold’ and ‘water’. This article questions the efficacy of Dworkin’s claims by challenging the use of natural kinds as the basis for a semantic theory of legal and political concepts. Additionally, in matters of value there is no methodological equivalent to the scientific (...) method. Thus, there is little hope of finding hidden essences to explain the meaning of legal and political concepts. Finally, even if there are natural kinds, Dworkin’s arguments for their efficacy in jurisprudence are problematic and unpersuasive. The problem for Dworkin is that his embrace of natural kinds undermines the ‘fit’ side of the fit/justification model of adjudication that lies at the heart of his theory of law. (shrink)

This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

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)

The daring idea that convention - human decision - lies at the root both of necessary truths and much of empirical science reverberates through twentieth-century philosophy, constituting a revolution comparable to Kant's Copernican revolution. This book provides a comprehensive study of Conventionalism. Drawing a distinction between two conventionalist theses, the under-determination of science by empirical fact, and the linguistic account of necessity, Yemima Ben-Menahem traces the evolution of both ideas to their origins in Poincaré's geometric conventionalism. She argues that the (...) radical extrapolations of Poincaré's ideas by later thinkers, including Wittgenstein, Quine, and Carnap, eventually led to the decline of conventionalism. This book provides a fresh perspective on twentieth-century philosophy. Many of the major themes of contemporary philosophy emerge in this book as arising from engagement with the challenge of conventionalism. (shrink)

The daring idea that convention - human decision - lies at the root both of necessary truths and much of empirical science reverberates through twentieth-century philosophy, constituting a revolution comparable to Kant's Copernican revolution. This book provides a comprehensive study of Conventionalism. Drawing a distinction between two conventionalist theses, the under-determination of science by empirical fact, and the linguistic account of necessity, Yemima Ben-Menahem traces the evolution of both ideas to their origins in Poincaré's geometric conventionalism. She argues that the (...) radical extrapolations of Poincaré's ideas by later thinkers, including Wittgenstein, Quine, and Carnap, eventually led to the decline of conventionalism. This book provides a fresh perspective on twentieth-century philosophy. Many of the major themes of contemporary philosophy emerge in this book as arising from engagement with the challenge of conventionalism. (shrink)

In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard ...

The daring idea that convention - human decision - lies at the root of so-called necessary truths, on the one hand, and much of empirical science, on the other, reverberates through twentieth-century philosophy, constituting a revolution comparable to Kant's Copernican revolution. Conventionalism is the first comprehensive study of this radical turn. One of the conclusions it reaches is that the term 'truth by convention', widely held to epitomize conventionalism, reflects a misunderstanding that has led to the association of conventionalism with (...) relativism and postmodernism. Conventionalism, this book argues, did not contend that truths can be stipulated, but rather, that stipulations are often confused with truths. Their efforts were thus directed toward disentangling truth and convention, not reducing truth to convention."--Jacket. (shrink)