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)

Is morality rational? In this book Gauthier argues that moral principles are principles of rational choice. He proposes a principle whereby choice is made on an agreed basis of cooperation, rather than according to what would give an individual the greatest expectation of value. He shows that such a principle not only ensures mutual benefit and fairness, thus satisfying the standards of morality, but also that each person may actually expect greater utility by adhering to morality, even though the choice (...) did not have that end primarily in view. In resolving what may appear to be a paradox, the author establishes morals on the firm foundation of reason. Gauthier's argument includes an account of value, linking it to preference and utility; a discussion of the curcumstances in which morality is unnecessary; and an application of morals by agreement to relations between peoples at different levels of development and different generations. Finally, he reflects on the assumptions about individuality and community made by his account of rationality and morality. (shrink)

The most constructive response to the crisis in moral theory has been the revival of virtue ethics, which has the advantages of being personal, contextual, and, as will be argued, normative as well. It is also proposed that the best way to refound virtue ethics is to return to the Greek concept of technē tou biou, literally "craft of life." The ancients did not distinguish between craft and fine art, and the meaning of technē, even in its Latin form, ars, (...) still retains the meaning of skillful crafting and discipline. In Greco-Roman culture, techniques were very specific, covering dietetics, economics, and erotics. In ancient China, moral cultivation was intimately connected to the arts, from archery to poetry, music, and dance, such that virtually every activity would have both moral and aesthetic meaning. Using R. D. Collingwood's distinction between craft and fine art, it is proposed that the latter, particularly the performing arts of music and dance, can serve as a model for virtue ethics in our times. (shrink)

After Confucius is a collection of eight studies of Chinese philosophy from the time of Confucius to the formation of the empire in the second and third centuries B.C.E. As detailed in a masterful introduction, each essay serves as a concrete example of thick description - an approach invented by philosopher Gilbert Ryle - which aims to reveal the logic that informs an observable exchange among members of a community or society. To grasp the significance of such exchanges, it is (...) necessary to investigate the networks of meaning on which they rely. Paul R. Goldin argues that the character of ancient Chinese philosophy can be appreciated only if we recognize the cultural codes underlying the circulation of ideas in that world. Thick description is the best preliminary method to determine how Chinese thinkers conceived of their own enterprise. Who were the ancient Chinese philosophers? What was their intended audience? What were they arguing about? How did they respond to earlier thinkers, and to each other? Why did those in power wish to hear from them, and what did they claim to offer in return for patronage? Goldin addresses these questions as he looks at several topics, including. (shrink)

In this book, Bryan W. Van Norden examines early Confucianism as a form of virtue ethics and Mohism, an anti-Confucian movement, as a version of consequentialism. The philosophical methodology is analytic, in that the emphasis is on clear exegesis of the texts and a critical examination of the philosophical arguments proposed by each side. Van Norden shows that Confucianism, while similar to Aristotelianism in being a form of virtue ethics, offers different conceptions of “the good life,” the virtues, human nature, (...) and ethical cultivation. (shrink)

Some philosophers argue that throughout its long history, Confucian ethics have stressed character formation or personal cultivation of virtues. Thus, it seems appropriate to characterise Confucian ethics as ethics of virtue. in this book, the author attempts to critique the apparent similarity and show, on the contrary, that Confucian ethics are better conceived of as a unique kind of ethics, in which rule-based morality and virtues are united. Through a unique analysis of Confucian ethics and comparison between Confucian ethics and (...) some Western ethical theories, the author also hopes to generate suggestions and ideas on how to integrate or unify rule and virtue in one moral theory. (shrink)

In this paper, I analyze the ‘Da ti’ chapter of the Han Feizi 韓非子. This chapter is often read as one of the so-called Daoist Chapters of text. However, a deeper study of this chapter allows us to see that, while Daoist terminology is employed, it is done so in a way that is certainly not reminiscent of either the Zhuangzi 莊子 or the Laozi 老子. Neither, though, does it have quite the flavor of other chapters in the Han Feizi (...) where scholars have often read Han Fei s advocating a system of government based on laws promulgated by the ruler, the content of which is left solely to the ruler’s discretion. Throughout this paper, I hope to demonstrate that a reading of the ‘Da ti’ chapter allows us to understand that Han Fei is not simply advocating a system of government based on laws promulgated by the ruler, the content of which is left solely to the ruler’s discretion. This chapter can help us begin to understand that Han Fei has a much more nuanced system and that he advocates law that accords with the overarching pattern of the universe. In doing this, I will show that the idea of fa 法 (standard, law) that we see utilized by Han Fei, both in these chapters do not fall neatly into Western conceptions of law, and thus previous scholars who have worked based on these conceptions have missed important aspects of Han Fei’s thought. I also attempt to demonstrate that this interpretation of law is consistent with the way that it is used in the rest of the Han Feizi. (shrink)

This essay compares Aristotle's conception of virtue with Confucius' key notion of ren (which has also been interpreted as "virtue") against the background of the revival of Aristotelian virtue ethics in the West and of Confucianism in the East. It argues that while Aristotle's virtue hinges on practical wisdom, Confucius' ren focuses on filial love, and on this basis interprets the respective theoretical merits and weaknesses of these two philosophers. The study is intended to show how Confucius can contribute to (...) contemporary virtue ethics. (shrink)

Aristotle and Confucius are pivotal figures in world history; nevertheless, Western and Eastern cultures have in modern times largely abandoned the insights of these masters. Remastering Morals provides a book-length scholarly comparison of the ethics of Aristotle and Confucius. May Sim's comparisons offer fresh interpretations of the central teachings of both men. More than a catalog of similarities and differences, her study brings two great traditions into dialog so that each is able to learn from the other. This is essential (...) reading for anyone interested in virtue-oriented ethics. (shrink)

This dissertation examines the philosophy of the early Chinese Confucian thinker Xunzi . With his focus on good traits of character such as "benevolence," and on moral paragons such as the "sage, " there is a strong similarity between Xunzi's thought and the contemporary Western philosophical movement known as "virtue ethics." In this work, I investigate the extent to which Xunzi can be understood as espousing a form of virtue ethics, as a way of applying to his writings revealing new (...) interpretive tools, and as a way of showing how he may have something to contribute to current philosophical debates. To do so, I first articulate an interpretation of virtue ethics based on the work of John McDowell, R. Jay Wallace, and Jonathan Dancy. The three most significant features of this model are the ideas that proper moral judgment is not codifiable, that such judgment is instead best understood as analogous to the cultivated expertise of a connoisseur, and that the sort of reasoning in which the moral connoisseur engages is a kind of constitutive or specificationist reasoning. I then argue that Xunzi shares these three views in relation to the highest moral standard in his ethical system, the Dao, and that therefore he can be regarded as presenting a form of virtue ethics. Next, using the topic of the unity of virtue as an organizing theme, I analyze Xunzi's conception of virtue in order to highlight the distinctively Confucian features of his version of virtue ethics. Finally, I argue that the way Xunzi combines a belief in the uncodiliability of proper moral judgment with a strong emphasis on ritual can provide contemporary virtue theorists with a helpful example for thinking about problems of social co-ordination and moral education, as well as how to effect an accommodation between their conviction, on the one hand, that right action is not reducible to a set of principles and people's need for specific practical guidance, on the other. (shrink)