Given the fundamental role that concepts play in theories of cognition, philosophers and cognitive scientists have a common interest in concepts. Nonetheless, there is a great deal of controversy regarding what kinds of things concepts are, how they are structured, and how they are acquired. This chapter offers a detailed high-level overview and critical evaluation of the main theories of concepts and their motivations. Taking into account the various challenges that each theory faces, the chapter also presents a novel approach (...) to concepts that is organized around two ideas. The first is a pluralistic view of differing types of conceptual structure. The second is a model that treats concepts as atomic representations that are linked to various types of conceptual structures. (shrink)

Statements about a person's good slip into and out of our ordinary discourse about the world with nary a ripple. Such statements are objects of belief and assertion, they obey the rules of logic, and they are often defended by evidence and argument. They even participate in common-sense explanations, as when we say of some person that he has been less subject to wild swings of enthusiasm and disappointment now that, with experience, he has gained a clearer idea of what (...) is good for him. Statements about a person's good present themselves as being about something with respect to which our beliefs can be true or false, warranted or unwarranted. Let us speak of these features as the descriptive side of discourse about a person's good. (shrink)

Against the traditional view, Alvin Goldman argues that logic, probability theory, and linguistic analysis cannot by themselves delineate principles of rationality or justified belief. The mind's operations must be taken into account.

As a procedure, reflective equilibrium is simply a familiar kind of standard scientific method with a new name. A theory is constructed to account for a set of observations. Recalcitrant data may be rejected as noise or explained away as the effects of interference of some sort. Recalcitrant data that cannot be plausibly dismissed force emendations in theory. What counts as a plausible dismissal depends, among other things, on the going theory, as well as on background theory and on knowledge (...) that may be relevant to under-standing the experimental design that is generating the observations, including knowledge of the apparatus and observation conditions. This sort of mutual adjustment between theory and data is a familiar feature of scientific practice. Whatever authority RE seems to have comes, I think, from a tacit or explicit recognition that it has the same form as this familiar sort of scientific inference. One way to see the rationale underlying this procedure in science is to focus on prediction. Think of prediction as a matter of projecting what is known onto uncharted territory. To do this, you need a vehicle—a theory—that captures some invariant or pattern in what is known so that you can project it onto the unknown. How convincing the projection is depends on two factors: how sure one is of the observational base, and how sure one is that the theory gets the invariants right. The two factors are not independent, of course. One's confidence in the observational base will be affected by how persuasively the theory identifies and dismisses noise; one's confidence in the theory, on the other hand, will depend on one's confidence in the observations it takes seriously. Prediction is important as a test of theory precisely because verified predictions seem to show that the theory has correctly captured the general in the particular, that it has got the drift of the observational evidence in which our confidence is ultimately grounded. (shrink)

This article reviews the transition between post-Fregean anti-naturalistic epistemology and contemporary naturalistic epistemologies. It traces the revival of naturalism to Quine’s critique of the "a priori", and Kuhn’s defense of historicism, and use the arguments of Quine and Kuhn to identify a position, "traditional naturalism", that combines naturalistic themes with the claim that epistemology is a normative enterprise. Pleas for more radical versions of naturalism are articulated, and briefly confronted.

I wish to advocate a reorientation of epistemology. Lest anyone maintain that the enterprise I urge is not epistemology at all (even part of epistemology), I call this enterprise by a slightly different name: epistemics. Despite this terminological concession, I believe that the inquiry I advocate is significantly continuous with traditional epistemology. Like much of past epistemology, it would seek to regulate or guide our intellectual activities. It would try to lay down principles or suggestions for how to conduct our (...) cognitive affairs. The contrast with traditional epistemology – at least "analytic" epistemology of the twentieth century – would be its close alliance with the psychology of cognition. The basic premise of epistemics is that one cannot give the best advice about intellectual operations without detailed information about mental processes. Since these processes are most illuminatingly studied by cognitive psychology, epistemics would go hand in hand with empirical investigation of our "information-processing" mechanisms. (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)

Studying evidence law as part of naturalized epistemology means using the tools and results of the sciences to evaluate evidence rules based on the accuracy of the verdicts they are likely to produce. In this chapter, we introduce the approach and address skeptical concerns about the value of systematic empirical research for evidence scholarship, focusing, in particular, on worries about the external validity of jury simulation studies. Finally, turning to applications, we consider possible reforms regarding eyewitness identifications and character evidence.

In the movieRegarding Henry, the main character, Henry Turner, is a lawyer who suffers brain damage as a result of being shot during a robbery. Before being wounded, the Old Henry Turner had been a successful lawyer, admired as a fierce competitor and well-known for his killer instinct. As a result of the injury to his brain, the New Henry Turner loses the personality traits that had made the Old Henry such a formidable adversary.

This book is a systematic and constructive treatment of a number of traditional issues at the foundation of ethics, the possibility and nature of moral knowledge, the relationship between the moral point of view and a scientific or naturalistic world view, the nature of moral value and obligation, and the role of morality in a person's rational life plan. In striking contrast to many traditional authors and to other recent writers in the field, David Brink offers an integrated defense of (...) the objectivity of ethics. (shrink)

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)

Introduction: From legal realism to naturalized jurisprudence -- A note on legal indeterminacy -- Part I. American legal realism and its critics -- Rethinking legal realism: toward a naturalized jurisprudence (1997) -- Legal realism and legal positivism reconsidered (2001) -- Is there an "American" jurisprudence? (1997) -- Postscript to Part I: Interpreting legal realism -- Part II. Ways of naturalizing jurisprudence -- Legal realism, hard positivism, and the limits of conceptual analysis (1998, 2001) -- Why Quine is not a postmodernist (...) (1997) -- Beyond the Hart/Dworkin debate: the methodology problem in jurisprudence (2003) -- Part III. Naturalism, morality, and objectivity -- Moral facts and best explanations (2001) -- Objectivity, morality, and adjudication (2001) -- Law and objectivity (2002). (shrink)

Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.

This book develops a general theory of law, inclusive legal positivism, which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. Its central theoretical questions are: Does the existence or content of positive law ever depend on moral considerations? If so, is this fact consistent with legal positivism? (...) The author shows how inclusive positivism allows one to answer yes to both of these questions. In addition to articulating and defending his own version of legal positivism, which is a refinement and development of the views of H.L.A. Hart as expressed in his classic book The Concept of Law, the author clarifies the terms of current jurisprudential debates about the nature of law. These debates are often clouded by failures to appreciate that different theorists are offering differing kinds of theories and attempting to answer different questions. There is also a failure, principally on the part of Ronald Dworkin, to characterize opposing theories correctly. The clarity of Waluchow's work will help to remove the confusion which has hitherto marred some jurisprudential debate, particularly about Dworkin's work. (shrink)

I argue that disputes within constitutional theory about whether recent supreme court decisions exceed the scope of legitimate judicial review and disputes within legal theory about the nature and determinacy of law are best seen and assessed as disputes over the nature of legal interpretation. I criticize the interpretive assumptions on which these disputes generally depend and defend a theory of interpretation which tends to vindicate the determinacy of law even in hard cases and the style of recent court decisions (...) which many critics find troublesome. (shrink)

According to the received opinion there is a theoretical incompatibility between Herbert Hart'sThe Concept of Lawand Alf Ross'sOn Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken.The Concept of Lawdoes not go beyondOn Law and Justicein so far as both present arguments to the effect that law is based on a shared understanding between participants in a project perceived (...) by every participant to be a project in common. The paper demonstrates that there are substantive parallels between Hart's combination of “acceptance” or “acknowledgement” and a “critical reflective attitude” and Ross's combination of “motivation” or “feeling” and a “coherent whole of meaning and motivation.” The main conclusion is that the views of norms and normativity put forward inThe Concept of LawandOn Law and Justiceare very close in essential respects, and, more specifically, that the two works are at root identical in their representation of the basis of normativity in reality. (shrink)

Analyzing Law offers an important selection of the most influential and challenging work now being done in legal theory. A central focus of the essays in this work is the contribution of the well-known philosopher Jules Coleman to the various topics which are covered by the contributors.

This article examines methodological debates in legal philosophy by focusing on two methodological claims in H. L. A. Hart’s 1961 book, The Concept of Law: that Hart’s theory is both general and descriptive, and an exercise in both linguistic analysis and descriptive sociology. It considers what these claims reveal about Hart’s theoretical ambitions and methodological commitments, and what light they shed on debates in legal philosophy since then. In particular, it discusses the most important elements of Hart’s theory, such as (...) the union of primary and secondary rules in law, the “rule of recognition” as a social rule, and the relationship between legal and moral norms. It also explores several objections to Hart’s approach to the problems of legal philosophy, including one that questions the fruitfulness of the methodology of conceptual analysis. Finally, it analyzes the argument of Hart and all legal positivists that legal systems are social constructs. (shrink)