Most expressions in natural language are vague. But what is the best semantic treatment of terms like 'heap', 'red' and 'child'? And what is the logic of arguments involving this kind of vague expression? These questions are receiving increasing philosophical attention, and in this book, first published in 2000, Rosanna Keefe explores the questions of what we should want from an account of vagueness and how we should assess rival theories. Her discussion ranges widely and comprehensively over the main theories (...) of vagueness and their supporting arguments, and she offers a powerful and original defence of a form of supervaluationism, a theory that requires almost no deviation from standard logic yet can accommodate the lack of sharp boundaries to vague predicates and deal with the paradoxes of vagueness in a methodologically satisfying way. Her study will be of particular interest to readers in philosophy of language and of mind, philosophical logic, epistemology and metaphysics. (shrink)

Simon Blackburn puts forward a compelling original philosophy of human motivation and morality. He maintains that we cannot get clear about ethics until we get clear about human nature. So these are the sorts of questions he addresses: Why do we behave as we do? Can we improve? Is our ethics at war with our passions, or is it an upshot of those passions? Blackburn seeks the answers in an exploration of guilt, shame, disgust, and other moral emotions; he draws (...) also on game theory and cognitive science in his account of the structures of human motivation. Many philosophers have wanted a naturalistic ethics a theory that integrates our understanding of human morality with the rest of our understanding of the world we live in. What is special about Blackburn's naturalistic ethics is that it does not debunk the ethical by reducing it to the non-ethical. At the same time he banishes the spectres of scepticism and relativism that have haunted recent moral philosophy. Ruling Passions sets ethics in the context of human nature: it offers a solution to the puzzle of how ethics can maintain its authority even though it is rooted in the very emotions and motivations that it exists to control. (shrink)

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)

_ 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 reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.

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)

This article contends that Dworkin's notion of ‘genuine’ theoretical disagreements, which is a fundamental pillar in his criticism of legal positivism and semantic disagreements, requires a realist reinterpretation. This view is defended according to two core arguments. First, a realist reinterpretation of ‘genuine’ theoretical disagreements enables Dworkin to avoid semantic criticisms such as the one advanced by Joseph Raz, who propounds a sophisticated model of criterial semantics to explain theoretical disagreements. Second, to make intelligible the distinction between theoretical and semantic (...) disagreements in law, we need to resort to realist elements. The conclusion is striking and in clear contradiction with Dworkin's ametaphysical and epistemic abstinence. The article shows that there is a problematic tension within Dworkin's constructivist project and that he should revise either its ametaphysical view and epistemic abstinence, or notions such as ‘genuine’ theoretical disagreements. (shrink)

This paper addresses three problems: the problem of formulating a coherent relativism, the Sorites paradox and a seldom noticed difficulty in the best intuitionistic case for the revision of classical logic. A response to the latter is proposed which, generalised, contributes towards the solution of the other two. The key to this response is a generalised conception of indeterminacy as a specific kind of intellectual bafflement-Quandary. Intuitionistic revisions of classical logic are merited wherever a subject matter is conceived both as (...) liable to generate Quandary and as subject to a broad form of evidential constraint. So motivated, the distinctions enshrined in intuitionistic logic provide both for a satisfying resolution of the Sorites paradox and a coherent outlet for relativistic views about, e.g., matters of taste and morals. An important corollary of the discussion is that an epistemic conception of vagueness can be prised apart from the strong metaphysical realism with which its principal supporters have associated it, and acknowledged to harbour an independent insight. (shrink)

There seem to be topics on which people can disagree without fault. For example, you and I might disagree on whether Picasso was a better artist than Matisse, without either of us being at fault. Is this a genuine possibility or just apparent? In this paper I pursue two aims: I want to provide a systematic map of available responses to this question. Simultaneously, I want to assess these responses. I start by introducing and defining the notion of a faultless (...) disagreement. Then I present a simple argument to the conclusion that faultless disagreement is not possible. Those who accept the argument have to explain away apparent cases of faultless disagreement. Those who want to maintain the possibility of faultless disagreement must deny one of the argument's premisses. The position I want to promote belongs to the latter category and is a form of genuine relativism. (shrink)

Vagueness is currently the subject of vigorous debate in the philosophy of logic and language. Vague terms -- such as 'tall', 'red', 'bald', and 'tadpole' -- have borderline cases ; and they lack well-defined extensions. The phenomenon of vagueness poses a fundamental challenge to classical logic and semantics, which assumes that propositions are either true or false and that extensions are determinate.This anthology collects for the first time the most important papers in the field. After a substantial introduction that surveys (...) the field, the essays form four groups, starting with some historically notable pieces. The 1970s saw an explosion of interest in vagueness, and the second group of essays reprints classic papers from this period. The following group of papers represent the best recent work on the logic and semantics of vagueness. The essays in the final group are contributions to the continuing debate about vague objects and vague identity. (shrink)

"This monography is a study in the philosophy of science" - Preface.

Provides a comprehensive introduction to the major philosophical theories attempting to explain the workings of language.

A dissertation in the tradition of logical positivism includes a discussion of the functions and methods of philosophy and a critique of ethics and theology.

John Mackie's stimulating book is a complete and clear treatise on moral theory. His writings on normative ethics-the moral principles he recommends-offer a fresh approach on a much neglected subject, and the work as a whole is undoubtedly a major contribution to modern philosophy.The author deals first with the status of ethics, arguing that there are not objective values, that morality cannot be discovered but must be made. He examines next the content of ethics, seeing morality as a functional device, (...) basically the same at all times but changing significantly in response to changes in the human condition. He sketches a practical moral system, criticizing but also borrowing from both utilitarian and absolutist views. Thirdly, the frontiers of ethics, areas of contact with psychology, metaphysics, theology, law and politcs, are explored.Throughout, his aim is to discuss a wide range of questions that are both philosophical and practical, working within a distinctive version of subjectivism-an "error" theory of the apparent objectivity of values. John Mackie has drawn on the contributions of such classic thinkers as Plato, Aristotle, Hobbes, Hume, Kant and Sidgwick, and on more recent discussions, to produce a thought-provoking account that will inspire both the general reader and the student of philosophy. (shrink)

A collection of all but two of the author's philosophical essays and lectures originally published or presented before August 1976.

An original and elegant work of metaethics, this book brings a new clarity and rigor to the discussion of these tangled issues, and will significantly alter the ...

Vagueness provides the first comprehensive examination of a topic of increasing importance in metaphysics and the philosophy of logic and language. Timothy Williamson traces the history of this philosophical problem from discussions of the heap paradox in classical Greece to modern formal approaches such as fuzzy logic. He illustrates the problems with views which have taken the position that standard logic and formal semantics do not apply to vague language, and defends the controversial realistic view that vagueness is a kind (...) of ignorance--that there really is a grain of sand whose removal turns a heap into a non-heap, but we cannot know which one it is. (shrink)

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)

Recasting important questions about truth and objectivity in new and helpful terms, his book will become a focus in the contemporary debates over realism, and ...

Shapiro has recently argued that Dworkin posed a new objection to legal positivism in Law's Empire, to which positivists, he says, have not adequately responded. Positivists, the objection goes, have no satisfactory account of what Dworkin calls “theoretical disagreement” about law, that is, disagreement about “the grounds of law” or what positivists would call the criteria of legal validity. I agree with Shapiro that the critique is new, and disagree that it has not been met. Positivism can not offer an (...) explanation that preserves the “face value” of theoretical disagreements, because the only intelligible dispute about the criteria of legal validity is an empirical or “head count” dispute, i.e., a dispute about what judges are doing, and how many of them are doing it. Positivism, however, has two other explanations for theoretical disagreement, which “explain away” rather than preserve the “face value” disagreement. According to positivists, either theoretical disagreements are disingenuous, in the sense that the parties, consciously or unconsciously, are really trying to change the law, that is, they are trying to say, as Dworkin puts it, “what it should be” not “what the law is”; or they are simply in error, that is, they honestly think there is a fact of the matter about what the grounds of law are, and thus what the law is, in the context of their disagreement, but they are mistaken, because, in truth, there is no fact of the matter about the grounds of law in this instance precisely because there is no convergent practice of behavior among officials constituting a Rule of Recognition on this point. The “Disingenuity” and “Error Theory” accounts of theoretical disagreement are explored, with attention to the theoretical desiderata at stake in choosing between competing explanatory theories. Particular attention is given to the best explanation for Riggs v. Palmer in light of the actual historical context of the decision and other opinions by the Riggs judges in contemporaneous cases. (shrink)

This paper deals with the truth-Conditions and the logic for vague languages. The use of supervaluations and of classical logic is defended; and other approaches are criticized. The truth-Conditions are extended to a language that contains a definitely-Operator and that is subject to higher order vagueness.

The relativist's central objection to contextualism is that it fails to account for the disagreement we perceive in discourse about "subjective" matters, such as whether stewed prunes are delicious. If we are to adjudicate between contextualism and relativism, then, we must first get clear about what it is for two people to disagree. This question turns out to be surprisingly difficult to answer. A partial answer is given here; although it is incomplete, it does help shape what the relativist must (...) say if she is to do better than the contextualist in securing genuine disagreement. (shrink)

The first volume of this series presents fifteen selected papers dealing with a variety of topics in ontology, philosophy of mind, and philosophy of language.

In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard ...

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.

For the past four decades, Anglo-American legal philosophy has been preoccupied – some might say obsessed – with something called the “Hart-Dworkin” debate. Since the appearance in 1967 of “The Model of Rules I,” Ronald Dworkin’s seminal critique of H.L.A. Hart’s theory of legal positivism, countless books and articles have been written either defending Hart against Dworkin’s objections or defending Dworkin against Hart’s defenders. My purpose in this essay is not to declare an ultimate victor; rather it is to identify (...) precisely the core issue around which the debate is organized. Is the Hart-Dworkin debate, for example, about whether the law contains principles, as well as rules? Or does it concern whether judges have discretion in hard cases? Is it about the proper way to interpret legal texts in the American legal system? Or is it about the very possibility of conceptual jurisprudence? Although trying to capture the essence of a philosophical debate can be tricky, I think that there is an important unity to the Hart-Dworkin debate that can be described in a relatively straightforward manner. I suggest that the debate is organized around one of the most profound issues in the philosophy of law, namely, the relation between legality and morality. Dworkin’s basic strategy throughout the course of the debate has been to argue that, in one form or another, legality is ultimately determined not by social facts alone, but by moral facts as well. This contention directly challenges, and threatens to undermine, the positivist picture about the nature of law, in which legality is never determined by morality, but solely by social practice. As one might expect, the response by Hart and his followers has been to argue that this dependence of legality on morality is either merely apparent or does not, in fact, undermine the social foundations of law. The Hart-Dworkin debate, I also try to show, is not a monolithic entity. In the second half of the paper, I describe how Dworkin modified his critique to circumvent the responses of Hart’s followers, thereby inaugurating a new phase in the debate. Virtually no attention, however, has been paid to this latter challenge, which is especially surprising given that none of the previous positivistic defenses are helpful against it. I then sketch out a possible response positivists might offer to this extremely powerful objection. (shrink)