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)

Norms are a pervasive yet mysterious feature of social life. In Explaining Norms, four philosophers and social scientists team up to grapple with some of the many mysteries, offering a comprehensive account of norms: what they are; how and why they emerge, persist and change; and how they work.

Editorial preface to the fourth edition and modified translation -- The text of the Philosophische Untersuchungen -- Philosophische untersuchungen = Philosophical investigations -- Philosophie der psychologie, ein fragment = Philosophy of psychology, a fragment.

Sanford C. Goldberg presents a novel account of the speech act of assertion. He argues that this type of speech act is answerable to an epistemic, context-sensitive norm. On this basis he shows the philosophical importance of assertion for key debates in philosophy of language and mind, epistemology, and ethics.

In the mid twentieth century the philosopher Ludwig Wittgenstein famously asserted that games are indefinable; there are no common threads that link them all. "Nonsense," says the sensible Bernard Suits: "playing a game is a voluntary attempt to overcome unnecessary obstacles." The short book Suits wrote demonstrating precisely that is as playful as it is insightful, as stimulating as it is delightful. Suits not only argues that games can be meaningfully defined; he also suggests that playing games is a central (...) part of the ideal of human existence, so games belong at the heart of any vision of Utopia. Originally published in 1978, The Grasshopper is now re-issued with a new introduction by Thomas Hurka and with additional material (much of it previously unpublished) by the author, in which he expands on the ideas put forward in The Grasshopper and answers some questions that have been raised by critics. (shrink)

Argues that the normative relation of commitment is routinely overlooked by philosophers, and that investigating it reveals some interesting similarities between the moral and rational domains.

What is the relation between norms (in the sense of ?socially accepted rules?) and conventions? A number of philosophers have suggested that there is some kind of conceptual or constitutive relation between them. Some hold that conventions are or entail special kinds of norms (the ?conventions-as-norms thesis?). Others hold that at least some norms are or entail special kinds of conventions (the ?norms-as-conventions thesis?). We argue that both theses are false. Norms and conventions are crucially different conceptually and functionally in (...) ways that make it the case that it is a serious mistake to try to assimilate them. They are crucially different conceptually in that whereas conventions are not normative and are behaviour dependent and desire dependent, norms are normative, behaviour independent, and desire independent. They are crucially different functionally in that whereas conventions principally serve the function of facilitating coordination, norms principally serve the function of making us accountable to one another. (shrink)

This chapter focuses on a widely held package of views, according to which: (i) assertions are governed by some alethic or epistemic norm, (ii) such a norm is intimately connected to assertion, in the sense that it individuates or characterizes the speech act, and (iii) this sense of intimate connection can be explained with the help of an analogy between language use and games. It is argued that this package of views must be rejected. More specifically, by considering some different (...) ways of spelling out the analogy mentioned in (iii), it is shown that at least that part of the package must be abandoned: even if some alethic or epistemic norm is intimately connected to assertion, that relationship is not mirrored by the relationship between norms and the games they govern. (shrink)

Assertions are praised as true, informative, relevant, sincere, warranted, well-phrased, or polite. They are criticized as false, uninformative, irrelevant, insincere, unwarranted, ill-phrased, or rude. Sometimes they deserve such praise or criticism. If any respect in which performances of an act can deserve praise or criticism is a norm for that act, then the speech act of assertion has many norms. So has almost any act; jumps can deserve praise as long or brave, criticism as short or cowardly. But it is (...) natural to suppose that some norms are more intimately connected to the nature of asserting than any norm is to the nature of jumping. One might suppose, for example, that someone who knowingly asserts a falsehood has thereby broken a rule of assertion, much as if he had broken a rule of a game; he has cheated. On this view, the speech act, like a game and unlike the act of jumping, is constituted by rules. Thus, not all norms for assertion are on a par. Norms such as relevance, good phrasing, and politeness are just applications of more general cognitive or social norms to the specific act of assertion. Perhaps the norm of informativeness results from a more complex interaction between a general norm of cooperativeness and the nature of assertion as a source of information. But on this view, not all norms for assertion derive from more general norms; otherwise nothing would differentiate it from other speech acts. (shrink)

The view defended in this paper - I call it the No-Assertion view - rejects the assumption that it is theoretically useful to single out a subset of sayings as assertions: (v) Sayings are governed by variable norms, come with variable commitments and have variable causes and effects. What philosophers have tried to capture by the term 'assertion' is largely a philosophers' invention. It fails to pick out an act-type that we engage in and it is not a category we (...) need in order to explain any significant component of our linguistic practice. Timothy Williamson (2000) defends a theory of type (i). He says that a theory of assertion has as its goal "[…] that of articulating for the first time the rules of a traditional game that we play" (p. 240). Among those who think we play the game of assertion, there's disagreement about what the rules are. Some think it's a single rule and disagree about what that rule is. Others think the rules change across contexts. According to the No-Assertion view we don’t play the assertion game. The game might exist as an abstract object, but it is not a game you need to learn and play to become a speaker of a natural language. (shrink)

To assert something is to perform a certain kind of act. This act is different in kind both from other speech acts, like questions, requests, commands, promises, and apologies, and from acts that are not speech acts, like toast buttering and inarticulate yodeling. My question, then is this: what features of an act qualify it as an assertion, and not one of these other kinds of act? To focus on a particular example: in uttering “Bill will close the window,” one (...) might be practicing English pronunciation, asserting that Bill will close the window, or requesting that Bill close the window. What makes it the case that one is doing one of these and not another? (shrink)

For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.

Rules are a central component of such diverse enterprises as law, morality, language, games, religion, etiquette, and family governance, but there is often confusion about what a rule is, and what rules do. Offering a comprehensive philosophical analysis of these questions, this book challenges much of the existing legal, jurisprudential, and philosophical literature, by seeing a significant role for rules, an equally significant role for their stricter operation, and making the case for rules as devices for the allocation of power (...) among decision-makers. (shrink)

This paper aims to identify the constitutive rule of assertion, conceived by analogy with the rules of a game. That assertion has such rules is by no means obvious; perhaps it is more like a natural phenomenon than it seems. One way to find out is by supposing that it has such rules, in order to see where the hypothesis leads and what it explains. That will be done here. The hypothesis is not perfectly clear, of course, but we have (...) at least a crude conception of constitutive rules, which we may refine as we elaborate the hypothesis. Although no attempt will be made here to define ‘rule’, some remarks on constitutive rules will focus the discussion. (shrink)

By means of a critical examination of a number of theses as to the nature of game-playing, the following definition is advanced: To play a game is to engage in activity directed toward bringing about a specific state of affairs, using only means permitted by specific rules, where the means permitted by the rules are more limited in scope than they would be in the absence of the rules, and where the sole reason for accepting such limitation is to make (...) possible such activity. (shrink)

In this paper I draw attention to a number of problems that afflict norm accounts of assertion, i.e. accounts that explain what assertion is, and typically how speakers understand what assertion is, by appeal to a norm of assertion. I argue that the disagreements in the literature over norm selection undermines such an account of understanding. I also argue that the treatment of intuitions as evidence in the literature undermines much of the connection to empirical evidence. I further argue that (...) appeals made to conversational patterns do not require the existence of any norms at all. (shrink)

G. C. J. Midgley; XIV—Linguistic Rules, Proceedings of the Aristotelian Society, Volume 59, Issue 1, 1 June 1959, Pages 271–290, https://doi.org/10.1093/aristot.

G. C. J. Midgley; XIV—Linguistic Rules, Proceedings of the Aristotelian Society, Volume 59, Issue 1, 1 June 1959, Pages 271–290, https://doi.org/10.1093/aristot.

Can there be rules of language which serve both to determine meaning and to guide speakers in ordinary linguistic usage, i.e., in the production of speech acts? We argue that the answer is no. We take the guiding function of rules to be the function of serving as reasons for actions, and the question of guidance is then considered within the framework of practical reasoning. It turns out that those rules that can serve as reasons for linguistic utterances cannot be (...) considered as normative or meaning determining. Acceptance of such a rule is simply equivalent to a belief about meaning, and does not even presuppose that meaning is determined by rules. Rules that can determine meaning, on the other hand, i.e., rules that can be regarded as constitutive of meaning, are not capable of guiding speakers in the ordinary performance of speech acts. (shrink)

This book is the culmination of almost forty years of writing and thinking about speech acts and the use theory of meaning. Chapter 1 sets out and defends a version of the Austin-Searle trichotomy of a sentential act, i.e., uttering a sentence or surrogate, an illocutionary act, i.e., uttering a sentence with a certain "content" as reported by indirect speech, and a perlocutionary act, i.e., producing an effect on an audience by an utterance. Chapter 2 poses the question: what condition (...) C will turn an SA into an IA: F? Perhaps adding a perlocutionary intention to the effect that "U asserts that p only if U utters p with the intention of getting H to believe that p" will meet condition C. Alston argues, contra Schiffer, that it will not. Chapter 3 objects to Searle's analysis of sincere and non-defective promising, on the one hand, because there are too many ways a promise can be defective and, on the other hand, because some of Searle's conditions are not necessary for promising simpliciter. Alston proposes. (shrink)

The Object of Morality is the title of a book I wrote a good many years ago shortly before I deviated irreversibly into university administration. I do not want to plug that book; nevertheless, it may not be completely irrelevant to say something of what it was about and take a rather rapid trot over its theme.

In this book, Alston articulates and argues for a use-based and normative account of sentence meaning. He proposes that sentence meaning consists in illocutionary act potential, the usability of a sentence for the performance of a certain illocutionary act type. This potential is itself explained in terms of illocutionary rules, normative rules governing the acceptable use of sentences.

According to a very natural picture of rational belief, we aim to believe only what is true. However, as Bernard Williams used to say, the world does not just inscribe itself onto our minds. Rather, we have to try to figure out what is true from the evidence available to us. To do this, we rely on a set of epistemic rules that tell us in some general way what it would be most rational to believe under various epistemic circumstances. (...) We reason about what to believe; and we do so by relying on a set of rules.... (shrink)

The idea that speaking a language is a rule‑ governed form of behavior goes back at least to Wittgenstein’s language-game analogy, and can be found most prominently in the work of Searle and Alston. Both theorists have a conception of illocutionary rules as putting illocutionary conditions on utterance acts. We argue that this conception of illocutionary rules is inadequate — it does not meet intuitively plausible conditions of adequacy for the description of illocutionary acts. Nor are illocutionary rules as so (...) conceived necessary to account for the normative dimension of illocutionary acts. In light of these conclusions we address the question of what a conception of language use not as rule-governed, but still normative, might look like. (shrink)

Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David Lewis. (...) Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct. (shrink)