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)

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..

This paper gives an account of proxy agency in the context of collective action. It takes the case of a group announcing something by way of a spokesperson as an illustration. In proxy agency, it seems that one person or subgroup's doing something counts as or constitutes or is recognized as (tantamount to) another person or group's doing something. Proxy agency is pervasive in institutional action. It has been taken to be a straightforward counterexample to an appealing deflationary view of (...) collective action as a matter of all members of a group making a contribution to bringing about some event. I show that this is a mistake. I give a deflationary account of constitutive rules in terms of essentially collective action types. I then give an account of one form of constitutive agency in terms of constitutive rules. I next give an account of status functions—of which being a spokesperson is one—that also draws on the concept of a constitutive rule. I then show how these materials help us to see how proxy agency is an expression of the agency of all members of the group credited with doing something when the proxy acts. (shrink)

This article explores the question: what is it for two or more people to intend to do something in the future? In a technical phrase, what is it for people to share an intention ? Extending and refining earlier work of the author’s, it argues for three criteria of adequacy for an account of shared intention (the disjunction, concurrence, and obligation criteria) and offers an account that satisfies them. According to this account, in technical terms explained in the paper, people (...) share an intention when and only when they are jointly committed to intend as a body to do such-and-such in the future. This account is compared and contrasted with the common approach that treats shared intention as a matter of personal intentions, with particular reference to the work of Michael Bratman. (shrink)

Human beings act together in characteristic ways that matter to us a great deal. This book explores the conceptual, metaphysical and normative foundations of such sociality. It argues that appeal to the planning structures involved in our individual, temporally extended agency provides substantial resources for understanding these foundations of our sociality.

This volume presents a systematic philosophical theory related to the collectivism-versus-individualism debate in the social sciences. A weak version of collectivism (the "we-mode" approach) that depends on group-based collective intentionality is developed in the book. The we-mode approach is used to account for collective intention and action, cooperation, group attitudes, social practices and institutions as well as group solidarity.

What is law (and why should we care)? -- Crazy little thing called "law" -- Austin's sanction theory -- Hart and the rule of recognition -- How to do things with plans -- The making of a legal system -- What law is -- Legal reasoning and judicial decision making -- Hard cases -- Theoretical disagreements -- Dworkin and distrust -- The economy of trust -- The interpretation of plans -- The value of legality.

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)

First published in 1982. Routledge is an imprint of Taylor & Francis, an informa company.