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)

This paper gives an up-to-date account of we-intentions and responds to some critics of the author’s earlier work on the topic in question. While the main lines of the new account are basically the same as before, the present account considerably adds to the earlier work. For one thing, it shows how we-intentions and joint intentions can arise in terms of the so-called Bulletin Board View of joint intention acquisition, which relies heavily on some underlying mutually accepted conceptual and situational (...) presuppositions but does not require agreement making or joint intention to form a joint intention. The model yields categorical, unconditional intentions to participate in the content of the we-intention and joint intention (viz. shared we-intention upon analysis). The content of a we-intention can be, but need not be a joint action. Thus a participant alone cannot settle and control the content of the intention. Instead the participants jointly settle the content and control the satisfaction of the intention. These and some other features distinguish we-intentions from “action intentions”, viz. intentions that an agent can alone settle and satisfy. The paper discusses weintentions (and other “aim-intentions”) from this perspective and it also defends the author’s earlier account against a charge of vicious circularity that has been directed against it. (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..

A reductive theory of collective intentionality would imply that the ‘official’ intentions of an oppressive political authority cannot be constructed from the intentions of individuals when they follow the authority's rules. This makes it difficult to explain the unraveling of official group plans through time in a seemingly consistent fashion, and the corresponding source of coercion. A non-reductive theory, on the other hand, cannot capture whether the actions of individuals in an oppressive society are free or coerced, so long as (...) a manifest institutional structure and rules are in place. I put forward a hybrid account of group intentionality that is capable of articulating why oppressive political power is illegitimate, which comes down to the official and individual intentions in joint group actions diverging in such a way that individuals are not governed on the basis of dependent reasons. (shrink)

Assertoric sentences are sentences which admit of truth or falsity. Non-assertoric sentences, imperatives and interrogatives, have long been a source of difficulty for the view that a theory of truth for a natural language can serve as the core of a theory of meaning. The trouble for truth-theoretic semantics posed by non-assertoric sentences is that, prima facie, it does not make sense to say that imperatives, such as 'Cut your hair', or interrogatives such as 'What time is it?', are truth (...) or false. Thus, the vehicle for giving the meaning of a sentence by using an interpretive truth theory, the T-sentence, is apparently unavailable for non-assertoric sentences. This paper shows how to incorporate non-assertoric sentences into a theory of meaning that gives central place to an interpretive truth theory for the language, without, however, reducing the non-assertorics to assertorics, or treating their utterances as semantically equivalent to one or more utterances of assertoric sentences. Four proposals for how to incorporate non-assertoric sentences into a broadly truth-theoretic semantics are reviewed. The proposals fall into two classes, those that attempt to explain the meaning of non-assertoric sentences solely by appeal to truth conditions, and those that attempt to explain the meaning of non-assertroic sentences by appeal to compliance conditions, which can be treated as one variety of fulfillment conditions for sentences of which truth conditions are another variety. The paper argues that none of the extant approaches is successful, but develops a version of the generalized fulfillment approach which avoids the difficulties of previous approaches and still exhibits a truth theory as the central component of a compositional meaning theory for all sentences of natural language. (shrink)

This paper offers an analysis of the logical form of plural action sentences that shows that collective actions so ascribed are a matter of all members of a group contributing to bringing some event about. It then uses this as the basis for a reductive account of the content of we-intentions according to which what distinguishes we-intentions from I-intentions is that we-intentions are directed about bringing it about that members of a group act in accordance with a shared plan.

_ Convention_ was immediately recognized as a major contribution to the subject and its significance has remained undiminished since its first publication in 1969. Lewis analyzes social conventions as regularities in the resolution of recurring coordination problems-situations characterized by interdependent decision processes in which common interests are at stake. Conventions are contrasted with other kinds of regularity, and conventions governing systems of communication are given special attention.

In this paper, I will discuss the various ways in which intentions can be said to be conditional, with particular attention to the internal conditions on the intentions’ content. I will first consider what it takes to carry out a conditional intention. I will then discuss how the distinctive norms of intention apply to conditional intentions and whether conditional intentions are a weaker sort of commitments than the unconditional ones. This discussion will lead to the idea of what I call (...) the ‘deep structure’ of intentions. Roughly, this is the idea that the conditional nature of our intentions is only partially made explicit in the expressions we use to communicate our intentions and in the explicit form of our thinking about and reasoning with them. Most conditions that qualify our intentions are part of a deep functional structure that can be evinced by observing the actual psychological functioning of intentions and by considering the rational requirements that they engage. I will argue that the deep structure of intentions is characteristically conditional. Genuinely unconditional intentions are only limiting instances of conditional intentions and their contribution to agency can only be understood in light of this fact. I will conclude by showing that the characteristic conditional structure of intentions is intimately related to distinctive features of human agency, especially to its unity over time. (shrink)

What happens to our conception of mind and rational agency when we take seriously future-directed intentions and plans and their roles as inputs into further practical reasoning? The author's initial efforts in responding to this question resulted in a series of papers that he wrote during the early 1980s. In this book, Bratman develops further some of the main themes of these essays and also explores a variety of related ideas and issues. He develops a planning theory of intention. Intentions (...) are treated as elements of partial plans of action. These plans play basic roles in practical reasoning, roles that support the organization of our activities over time and socially. Bratman explores the impact of this approach on a wide range of issues, including the relation between intention and intentional action, and the distinction between intended and expected effects of what one intends. (shrink)

The renowned philosopher John Searle reveals the fundamental nature of social reality. What kinds of things are money, property, governments, nations, marriages, cocktail parties, and football games? Searle explains the key role played by language in the creation, constitution, and maintenance of social reality. We make statements about social facts that are completely objective, for example: Barack Obama is President of the United States, the piece of paper in my hand is a twenty-dollar bill, I got married in London, etc. (...) And yet these facts only exist because we think they exist. How is it possible that we can have factual objective knowledge of a reality that is created by subjective opinions? This is part of a much larger question: How can we give an account of ourselves, with our peculiar human traits DS mind, reason, freedom, society - in a world that we know independently consists of mindless, meaningless particles? How can we account for our social and mental existence in a realm of brute physical facts? In answering this question, Searle avoids postulating different realms of being, a mental and a physical, or worse yet, a mental, a physical, and a social. There is just one reality: Searle shows how the human reality fits into that one reality. Mind, language, and civilization are natural products of the basic facts of the physical world described by physics, chemistry and biology. Searle explains how language creates and maintains the elaborate structures of human social institutions. These institutions serve to create and distribute power relations that are pervasive and often invisible. These power relations motivate human actions in a way that provides the glue that holds human civilization together. Searle shows how this account illuminates human rationality, free will, political power, and human rights. Our social world is a world created and maintained by language. (shrink)

Paul Pietroski presents an original philosophical theory of actions and their mental causes. We often act for reasons: we deliberate and choose among options, based on our beliefs and desires. However, bodily motions always have biochemical causes, so it can seem that thinking and acting are biochemical processes. Pietroski argues that thoughts and deeds are in fact distinct from, though dependent on, underlying biochemical processes within persons.

Does one have special obligations to support the political institutions of one’s own country precisely because it is one’s own? In short, does one have political obligations? This book argues for an affirmative answer, construing one’s country as a political society of which one is a member, and a political society as a special type of social group. The obligations in question are not moral requirements derived from general moral principles. They come, rather, from one’s participation in a special kind (...) of commitment: a joint commitment. This theory is referred to as the plural subject theory of political obligation since, by the author’s definition, those who are party to any joint commitment constitute a plural subject of some action in a broad sense of the term. Several alternative theories are compared and contrasted with plural subject theory, with a particular focus on the most famous — actual contract theory — according to which membership in a political society is a matter of participation in an agreement. The book offers plural subject accounts of both social rules and everyday agreements, and includes discussion of political authority and punishment. (shrink)

This book develops a systematic philosophical theory of social action and group phenomena, in the process presenting detailed analyses of such central social notions as 'we-attitude' (especially 'we-intention' and mutual belief, social norm, joint action, and - most important - group goal, group belief, and group action). Though this is a philosophical work, it presents a unified conceptual framework that may be useful to social scientists, especially social psychologists, as well as philosophers. The book puts forward and defends a number (...) of systematic philosophical theses, resulting in not only a theory of social action but, more broadly, a philosophical theory of society, or at least those aspects of society with which social psychology is supposed to deal (individuals in groups, groups, joint action, and the like). (shrink)

The purpose of this book -- Intentionality -- Collective intentionality and the assignment of function -- Language as biological and social -- The general theory of institutions and institutional facts: -- Language and social reality -- Free will, rationality, and institutional facts -- Power : deontic, background, political, and other -- Human rights -- Concluding remarks : the ontological foundations of the social sciences.

Written in an outstandingly clear and lively style, this 1969 book provokes its readers to rethink issues they may have regarded as long since settled.

Supererogation and rules -- Problematic responsibility in law and morals -- On being "morally speaking a murderer" -- Justice and personal desert -- The expressive function of punishment -- Action and responsibility -- Causing voluntary actions -- Sua culpa -- Collective responsibility -- Crime, clutchability, and individuated treatment -- What is so special about mental illness?

This collection of essays by one of the most prominent and internationally respected philosophers of action theory is concerned with deepening our understanding of the notion of intention. In Bratman's view, when we settle on a plan for action we are committing ourselves to future conduct in ways that help support important forms of coordination and organization both within the life of the agent and interpersonally. These essays enrich that account of commitment involved in intending, and explore its implications for (...) our understanding of temptation and self-control, shared intention and shared cooperative activity, and moral responsibility. The essays offer extensive discussions of related views by, among others, Donald Davidson, Hector-Neri Castañeda, Christine Korsgaard, Harry Frankfurt, and P. F. Strawson. This collection will be a valuable resource for a wide range of philosophers and their students. (shrink)

This article discusses the logical form of action sentences with particular attention to the role of adverbial modification, reviewing and extending the event analysis of action sentences.

This paper clarifies Searle's account of we-intentions and then argues that it is subject to counterexamples, some of which are derived from examples Searle uses against other accounts. It then offers an alternative reductive account that is not subject to the counterexamples.

The aim of this article is to explore the problem of social ontology. The form that the exploration will take is a development of the argument that I presented in The Construction of Social Realty[2]. I will summarize some of the results of that book and then develop the ideas further.

When I was an undergraduate in Oxford, we were taught economics almost as though it were a natural science. The subject matter of economics might be different from physics, but only in the way that the subject matter of chemistry or biology is different from physics. The actual results were presented to us as if they were scientific theories. So when we learned that savings equals investment, it was taught in the same tone of voice as one teaches that force (...) equals mass times acceleration. And we learned that rational entrepreneurs sell where marginal cost equals marginal revenue in the way that we once learned that bodies attract in a way that is directly proportional to the product of their mass and inversely proportional to the square of the distance between them. At no point was it ever suggested that the reality described by economic theory was dependent on human beliefs and other attitudes in a way that was totally unlike the reality described by physics or chemistry. Some years ago, when I published The Construction of Social Reality, I was aware that it had implications for the ontology of economics, but I was not aware that there had already been an important revival of the tradition of institutional economics. It would be an understatement to say that I welcome this interest in institutions; I enthusiastically support it. But I think that in the institutional literature there is still an unclarity about what exactly an institution is. What is the ontology, the mode of existence, of institutional reality? This article tries to add to this discussion. Economics as a subject matter, unlike physics or chemistry, is largely concerned with institutional facts. Facts about money and interest rates, exchange and employment, corporations and the balance of payments, form the very heart of the subject of economics. When Lionel Robbins, in a classic work, tells us that “Economics is a study of the disposal of scarce commodities,”2 he takes for granted a huge invisible institutional.... (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)