Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the (...) role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles. (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..

Moral claims not only purport to be true, they also purport to guide our choices. This book presents a new theory of normative judgment, the "standard-based theory," which offers a schematic account of the truth conditions of normative propositions of all kinds, including moral propositions and propositions about reasons. The heart of Copp 's approach to moral propositions is a theory of the circumstances under which corresponding moral standards qualify as justified, the " society -centered theory." He argues that because (...) any society needs a social moral code in order to enable its members to live together successfully, and because it would be rational for a society to choose such a code, certain moral codes, and the standards they include, are justified. According to the standard-based theory then, if certain moral standards are indeed justified, corresponding moral propositions may be true. Copp 's approach to morality and explaining normativity and the truth conditions of moral claims, raises a number of important issues in moral theory, as well as in metaphysics and the philosophy of language. (shrink)

What is the Moral Problem? NORMATIVE ETHICS VS. META-ETHICS It is a common fact of everyday life that we appraise each others' behaviour and attitudes from ...

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)

The eminent philosopher Keith Lehrer offers an original and distinctively personal view of central aspects of the human condition, such as reason, knowledge, wisdom, autonomy, love, consensus, and consciousness. He argues that what is uniquely human is our capacity for evaluating our own mental states (such as beliefs and desires), and suggests that we have a system for such evaluation which allows the resolution of personal and interpersonal conflict. The keystone in this system is self-trust, on which reason, knowledge, and (...) wisdom are grounded. (shrink)

Forthright and wryly humorous, philosopher Susan Haack deploys her penetrating analytic skills on some of the most highly charged cultural and social debates of recent years. Relativism, multiculturalism, feminism, affirmative action, pragmatisms old and new, science, literature, the future of the academy and of philosophy itself—all come under her keen scrutiny in Manifesto of a Passionate Moderate.