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.

This paper argues that ground is irreducibly plural: a group of facts can be grounded together, as a collective, even though no member of the group has a ground on its own. This kind of plural grounding is applied to the metaphysics of individuals and quantities, yielding a “structuralist” view in each case. Some more general implications of plural grounding are also discussed.

The philosophical interest of verbal disputes is twofold. First, they play a key role in philosophical method. Many philosophical disagreements are at least partly verbal, and almost every philosophical dispute has been diagnosed as verbal at some point. Here we can see the diagnosis of verbal disputes as a tool for philosophical progress. Second, they are interesting as a subject matter for first-order philosophy. Reflection on the existence and nature of verbal disputes can reveal something about the nature of concepts, (...) language, and meaning. In this article I first characterize verbal disputes, spell out a method for isolating and resolving them, and draw out conclusions for philosophical methodology. I then use the framework to draw out consequences in first-order philosophy. In particular, I argue that the analysis of verbal disputes can be used to support the existence of a distinctive sort of primitive concept and that it can be used to reconstruct a version of an analytic/synthetic distinction, where both are characterized in dialectical terms alone. (shrink)

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.

Modern empiricism has been conditioned in large part by two dogmas. One is a belief in some fundamental cleavage between truths which are analytic, or grounded in meanings independently of matters of fact, and truth which are synthetic, or grounded in fact. The other dogma is reductionism: the belief that each meaningful statement is equivalent to some logical construct upon terms which refer to immediate experience. Both dogmas, I shall argue, are ill founded. One effect of abandoning them is, as (...) we shall see, a blurring of the supposed boundary between speculative metaphysics and natural science. Another effect is a shift toward pragmatism. (shrink)

Given the fundamental role that concepts play in theories of cognition, philosophers and cognitive scientists have a common interest in concepts. Nonetheless, there is a great deal of controversy regarding what kinds of things concepts are, how they are structured, and how they are acquired. This chapter offers a detailed high-level overview and critical evaluation of the main theories of concepts and their motivations. Taking into account the various challenges that each theory faces, the chapter also presents a novel approach (...) to concepts that is organized around two ideas. The first is a pluralistic view of differing types of conceptual structure. The second is a model that treats concepts as atomic representations that are linked to various types of conceptual structures. (shrink)

Baedeker -- Independence. Truth in morals -- External skepticism -- Morals and causes -- Internal skepticism -- Interpretation. Moral responsibility -- Interpretation in general -- Conceptual interpretation -- Ethics. Dignity -- Free will and responsibility -- Morality. From dignity to morality -- Aid -- Harm -- Obligations -- Politics. Political rights and concepts -- Equality -- Liberty -- Democracy -- Law -- Epilogue. Dignity indivisible.

Philosophers often hold that the aim of conceptual analysis is to discover the representational content of a given concept such as freewill, belief, or law. In From Metaphysics to Ethics and other recent work, Frank Jackson has developed a theory of conceptual analysis that is one of the most advanced systematizations of this widespread idea. I argue that this influential way of characterizing conceptual analysis is too narrow. I argue that it is possible that an expressivist account could turn out (...) to be correct as a genuine conceptual analysis of a genuine concept. I claim that since an expressivist analysis does not aim to discover the representational content of a given concept—and, indeed, might itself be based on the idea that the concept in question is not even representational in nature—the possibility of expressivist conceptual analysis shows that Jackson’s theory of conceptual analysis is incomplete as it currently stands. I conclude that Jackson needs to either shift his basic understanding of the nature of conceptual analysis or commit to a particular normative reinterpretation of his project. (shrink)

Introduction: From legal realism to naturalized jurisprudence -- A note on legal indeterminacy -- Part I. American legal realism and its critics -- Rethinking legal realism: toward a naturalized jurisprudence (1997) -- Legal realism and legal positivism reconsidered (2001) -- Is there an "American" jurisprudence? (1997) -- Postscript to Part I: Interpreting legal realism -- Part II. Ways of naturalizing jurisprudence -- Legal realism, hard positivism, and the limits of conceptual analysis (1998, 2001) -- Why Quine is not a postmodernist (...) (1997) -- Beyond the Hart/Dworkin debate: the methodology problem in jurisprudence (2003) -- Part III. Naturalism, morality, and objectivity -- Moral facts and best explanations (2001) -- Objectivity, morality, and adjudication (2001) -- Law and objectivity (2002). (shrink)

The result is nothing less than a fundamental reorientation of moral theory that enables it at last to account for morality's supreme authority--an account that ...

First published in 1903, this volume revolutionized philosophy and forever altered the direction of ethical studies. A philosopher’s philosopher, G. E. Moore was the idol of the Bloomsbury group, and Lytton Strachey declared that Principia Ethica marked the rebirth of the Age of Reason. This work clarifies some of moral philosophy’s most common confusions and redefines the science’s terminology. Six chapters explore: the subject matter of ethics, naturalistic ethics, hedonism, metaphysical ethics, ethics in relation to conduct, and the ideal. Moore's (...) simplicity of style and precise use of everyday language exercised an enormous influence on the development of analytic philosophy, and they contribute to the continuing resonance of his compelling arguments. (shrink)

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 ...

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)

In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.

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 ...

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 book examines some of the deepest questions in philosophy: What is involved in judging a belief, action, or feeling to be rational?

On the now dominant Quinean view, metaphysics is about what there is. Metaphysics so conceived is concerned with such questions as whether properties exist, whether meanings exist, and whether numbers exist. I will argue for the revival of a more traditional Aristotelian view, on which metaphysics is about what grounds what. Metaphysics so revived does not bother asking whether properties, meanings, and numbers exist (of course they do!) The question is whether or not they are fundamental.

It is my aim in this paper to show that the contemporary assimilation of essence to modality is fundamentally misguided and that, as a consequence, the corresponding conception of metaphysics should be given up. It is not my view that the modal account fails to capture anything which might reasonably be called a concept of essence. My point, rather, is that the notion of essence which is of central importance to the metaphysics of identity is not to be understood in (...) modal terms or even to be regarded as extensionally equivalent to a modal notion. The one notion is, if I am right, a highly refined version of the other; it is like a sieve which performs a similar function but with a much finer mesh. (shrink)

In this paper, I propose a new way of understanding the space of possibilities in the field of mental content. The resulting map assigns separate locations to theories of content that have generally been lumped together on the more traditional map. Conversely, it clusters together some theories of content that have typically been regarded as occupying opposite poles. I make my points concrete by developing a taxonomy of theories of mental content, but the main points of the paper concern not (...) merely how to classify, but how to understand, the theories. Also, though the paper takes theories of mental content as a case study, much of the discussion is applicable to theories of other phenomena. To a first approximation, the difference between the traditional and the proposed taxonomies turns on whether we classify theories of content by, on the one hand, their implications for a non-redundant supervenience base for content facts (i.e., for facts about what contents thoughts have) or, on the other, by their constitutive accounts of content. By a "constitutive account," I mean the kind of elucidation of the nature of a phenomenon that theorists have tried to give for, for example, knowledge, justice, personal identity, consciousness, convention, heat, and limit. The tendency to taxonomize by supervenience base is encouraged, I suggest, by a failure to keep clearly in view a distinction between constitutive and modal determination. Many philosophers would accept that a constitutive account cannot be captured in purely modal terms. Giving a constitutive account is not the same as specifying modally necessary and sufficient conditions. Nevertheless, philosophers often try to cash constitutive claims in modal terms. A case in point is that theories of content tend to be conceptualized in terms of the theories' implications for a supervenience base for content facts. My thesis goes beyond the by-now somewhat familiar proposition that not all modal determinants of a phenomenon are constitutive determinants. One who has taken that point on board might nevertheless conceive of a philosophical account as an attempt to specify constitutive determinants of the target phenomenon that make up a non-redundant supervenience base for the phenomenon. Shoehorning a philosophical account into this form leaves out elements that are modally redundant, but may be explanatorily or ontologically significant. For example, when a constitutive account has multiple levels, the different levels will typically be modally redundant. Formulating the account as a specification of a supervenience base of constitutive determinants will therefore flatten the account into a single level. Many of my arguments can be illustrated by considering the place of normativity in the theory of content. The new taxonomy gives a distinct niche to normative theories of content - theories that explain a thought's having a certain content at least in part in terms of the obtaining of normative facts. By contrast, on a traditional map, normative theories are invisible as such because normative facts supervene on non-normative ones. (shrink)

On the received view, counterfactuals are analysed using the concept of closeness between possible worlds: the counterfactual 'If it had been the case that p, then it would have been the case that q' is true at a world w just in case q is true at all the possible p-worlds closest to w. The degree of closeness between two worlds is usually thought to be determined by weighting different respects of similarity between them. The question I consider in the (...) paper is which weights attach to different respects of similarity. I start by considering Lewis's answer to the question and argue against it by presenting several counterexamples. I use the same examples to motivate a general principle about closeness: if a fact obtains in both of two worlds, then this similarity is relevant to the closeness between them if and only if the fact has the same explanation in the two worlds. I use this principle and some ideas of Lewis's to formulate a general account of counterfactuals, and I argue that this account can explain the asymmetry of counterfactual dependence. The paper concludes with a discussion of some examples that cannot be accommodated by the present version of the account and therefore necessitate further work on the details. (shrink)

Concepts: Core Readings traces the develoment of one of the most active areas of investigation in cognitive science. This comprehensive volume brings together the essential background readings on concepts from philosophy, psychology, and linguistics, while providing a broad sampling of contemporary research. The first part of the book centers around the fall of the Classical Theory of Concepts in the face of attacks by W.V.O. Quine, Ludwig Wittgenstein, Eleanor Rosch, and others, emphasizing the emergence and development of the Prototype Theory (...) and the controversies it spurred. The second part surveys a broad range of contemporary theories—Neoclassical Theories, the Prototype Theory, the Theory-Theory, and Conceptual Atomism. (shrink)

Two-dimensional approaches to semantics, broadly understood, recognize two "dimensions" of the meaning or content of linguistic items. On these approaches, expressions and their utterances are associated with two different sorts of semantic values, which play different explanatory roles. Typically, one semantic value is associated with reference and ordinary truth-conditions, while the other is associated with the way that reference and truth-conditions depend on the external world. The second sort of semantic value is often held to play a distinctive role in (...) analyzing matters of cognitive significance and/or context-dependence. (shrink)

Frank Jackson champions the cause of conceptual analysis as central to philosophical inquiry. In recent years conceptual analysis has been undervalued and widely misunderstood, suggests Jackson. He argues that such analysis is mistakenly clouded in mystery, preventing a whole range of important questions from being productively addressed. He anchors his argument in discussions of specific philosophical issues, starting with the metaphysical doctrine of physicalism and moving on, via free will, meaning, personal identity, motion, and change, to ethics and the philosophy (...) of color. In this way the book not only offers a methodological program for philosophy, but also casts new light on some much-debated problems and their interrelations. (shrink)

Is conceptual analysis required for reductive explanation? If there is no a priori entailment from microphysical truths to phenomenal truths, does reductive explanation of the phenomenal fail? We say yes . Ned Block and Robert Stalnaker say no.

The book is an extended study of the problem of consciousness. After setting up the problem, I argue that reductive explanation of consciousness is impossible , and that if one takes consciousness seriously, one has to go beyond a strict materialist framework. In the second half of the book, I move toward a positive theory of consciousness with fundamental laws linking the physical and the experiential in a systematic way. Finally, I use the ideas and arguments developed earlier to defend (...) a form of strong artificial intelligence and to analyze some problems in the foundations of quantum mechanics. (shrink)

Moral theories usually aspire to be explanatory – to tell us why something is wrong, why it is good, or why you ought to do it. So it is worth knowing how moral explanations differ, if they do, from explanations of other things. This paper uncovers a common unarticulated theory about how normative explanations must work – that they must follow what I call the Standard Model. Though the Standard Model Theory has many implications, in this paper I focus primarily (...) on only one. It plays a crucial role in an argument originally due to Cudworth that has been widely held to conclusively establish that voluntaristic ethical theories are incoherent. But if Cudworth’s argument works, then so would similar arguments against many other moral theories. All of these theories therefore need a different model for how normative explanations can work. So I also motivate and sketch one such alternative model. The result enables us to make progress in evaluating the prospects for a successful reductive view about the normative. (shrink)

We respond to Mark van Roojen's discussion of our 'Moral Functionalism and Moral Motivation', "Philosophical Quarterly", 45 (January, 1995): 20-40. There we assumed that ethical language makes claims about how things are and sought to make plausible under this assumption a view of moral language modelled on David Lewis's treatment of theoretical terms. Van Roojen finds the idea of treating ethical terms as theoretical terms attractive but doubts that we 'have succeeded in offering a reduction of evaluative properties to natural (...) properties'. Our reply turns on what we learn from the supervenience of the ethical on the descriptive. (shrink)

Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-32334. ISBN 1-886363-74-9. Cloth. $95. * Reprint of the first edition.

In this paper, I deploy an argument that I have developed in a number of recent papers in the service of three projects. First, I show that the most influential version of legal positivism – that associated with H.L.A. Hart – fails. The argument’s engine is a requirement that a constitutive account of legal facts must meet. According to this rational-relation requirement, it is not enough for a constitutive account of legal facts to specify non-legal facts that modally determine the (...) legal facts. The constitutive determinants of legal facts must provide reasons for the obtaining of the legal facts (in a sense of “reason” that I develop). I show that the Hartian account is unable to meet this requirement. That officials accept a rule of recognition does not by itself constitute a reason why the standards specified in that rule are part of the law of the community. I argue that it is false that understanding the explanatory significance of officials’ acceptance of a rule is part of our reflective understanding of the nature of law. The second project of the paper is to respond to a family of objections that challenge me to explain why normative facts and descriptive facts together are better placed to provide reasons for legal facts than descriptive facts alone. A unifying theme of the objections is that explanations have to stop somewhere; descriptive facts, it is suggested, are no worse a stopping place than normative facts. Third, the paper spells out a consequence of the rational-relation requirement: if an account of what, at the most basic level, determines legal facts is true in any possible legal system, it is true in all possible legal systems. For example, if a Hartian account of legal facts is true in any possible legal system, it is true in all possible legal systems. I use this all-or-nothing result in my critique of a Hartian account, but the result is of interest in its own right. (shrink)

How can the reference of theoretical terms be stable over changes of theory? I defend an approach to this that does not depend on substantive metasemantic theories of reference. It relies on the idea that in contexts of use, terms may play a role in a theory that in turn points to a further (possibly unknown) theory. Empirical claims are claims about the nature of the further theories, and the falsification of these further theories is understood not as showing that (...) a term in the original theory fails to refer, but rather that a scientific hypothesis encapsulated by the further theory is mistaken. Introduction 1.1 Two theories involving ‘cat’ 1.2 Some objections 1.3 Doing it with matrices 1.4 The theory so far Approximate truth 2.1 Modes of reference 2.2 Papineau's solution Meaning, analyticity and verbal dispositions 3.1 Theory 1 and the folk theory 3.2 Is the armchair too comfortable? 3.3 What role for the armchair? 3.4 How can we be mistaken about our dispositions? 3.5 The theory of reference and the theory of meaning. (shrink)