. Can the label “law” apply to rules as amoral as the enactments of the Nazis? This question confronted the courts in Germany after 1945. In dealing with it, the judges had to take sides in the philosophical debate over the concept of law. In this context, the prominent voices of the legal philosophers Gustav Radbruch and Hans Kelsen could not go unheard. This paper draws on what could have been the “Radbruch‐Kelsen debate on Nazi Law.” In examining the debate, (...) it will argue for a substantive account of the morality of the law, as expressed in Radbruch's Formula. (shrink)

Can Bradley's Regress be solved by positing relational tropes as truth-makers? No, no more than Russell's paradox can be solved by positing Fregean extensions. To call a trope relational is to pack into its essence the relating function it is supposed to perform but without explaining what Bradley's Regress calls into question, viz. the capacity of relations to relate. This problem has been masked from view by the (questionable) assumption that the only genuine ontological problems that can be intelligibly raised (...) are those that can be answered by providing a schedule of truthmakers. (shrink)

This is the penultimate draft of a paper originally presented at the Hart-Fuller at 50 conference, held at the NYU Law School in February 2008. A revised version will appear in the NYU Law Review. The paper seeks to clarify and assess HLA Hart's famous claim that legal positivism somehow involves a 'separation of law and morals.' The paper contends that Hart's 'separability thesis should not be confused with the 'social thesis,' with the 'sources thesis,' or with a methodological thesis (...) about jurisprudence. Hart's thesis denies the existence of necessary (conceptual) connections between law and morality. But that thesis is false: there are many necessary connections between law and morality, some of them conceptually significant. Among these is an important negative connection: law is of its nature morally fallible and morally risky. Lon Fuller emphasised the 'internal morality of law,' the 'morality that makes law possible'. Hart stressed that there is also an immorality that law makes possible. Law's nature is seen not only in its internal virtues, in legality, but also in its internal vices, in legalism. (shrink)

This paper explores the view that there are such things as (nonexistent) fictional objects, and that we refer to such objects when we say things like "Sherlock Holmes is a fictional detective", or "Conan Doyle wrote about Sherlock Holmes". A theory of such objects is developed as a special application of a Meinongian Ontology.