1. Causal knowledge is an indispensable element in science. Causal assertions are embedded in both the results and the procedures of scientific investigation. 2. It is therefore worthwhile to investigate the meaning of causal statements and the ways in which we can arrive at causal knowledge.

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act (...) and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force. (shrink)

What is truth. Paul Horwich advocates the controversial theory of minimalism, that is that the nature of truth is entirely captured in the trivial fact that each proposition specifies its own condition for being true, and that truth is therefore an entirely mundane and unpuzzling concept. The first edition of Truth, published in 1980, established itself as the best account of minimalism and as an excellent introduction to the debate for students. For this new edition, Horwich has refined and developed (...) his treatment of the subject in the light of subsequent discussions, while preserving the distinctive format that made the earlier edition so successful. (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)

Nicholas Rescher presents a critical reaction against two currently influential tendencies of thought. On the one hand, he rejects the facile relativism that pervades contemporary social and academic life. On the other hand, he opposes the rationalism inherent in neo-contractarian theory--both in the idealized communicative-contract version promoted in continental European political philosophy by J;urgen Habermas, and in the idealized social contract version of the theory of political justice promoted in the Anglo-American context by John Rawls. Against such tendencies, Rescher's pluralist (...) approach takes a more realistic and pragmatic line, eschewing the convenient recourse of idealization in cognitive and practical matters. Instead of a utopianism that looks to a uniquely perfect order that would prevail under ideal conditions, he advocates incremental improvements within the framework of arrangements that none of us will deem perfect but that all of us "can live with." Such an approach replaces the yearning for an unattainable consensus with the institution of pragmatic arrangements in which the community will acquiesce--not through agreeing on their optimality, but through a shared recognition among the dissonant parties that the available options are even worse. (shrink)

The New Rhetoric is founded on the idea that since “argumentation aims at securing the adherence of those to whom it is addressed, it is, in its entirety, relative to the audience to be influenced,” says Chaïm Perelman and L. Olbrechts-Tyteca, and they rely, in particular, for their theory of argumentation on the twin concepts of universal and particular audiences: while every argument is directed to a specific individual or group, the orator decides what information and what approaches will achieve (...) the greatest adherence according to an ideal audience. This ideal, Perelman explains, can be embodied, for example, "in God, in all reasonable and competent men, in the man deliberating or in an elite.” Like particular audiences, then, the universal audience is never fixed or absolute but depends on the orator, the content and goals of the argument, and the particular audience to whom the argument is addressed. These considerations determine what information constitutes "facts" and "reasonableness" and thus help to determine the universal audience that, in turn, shapes the orator's approach. /// The adherence of an audience is also determined by the orator's use of values, a further key concept of the New Rhetoric. Perelman's treatment of value and his view of epideictic rhetoric sets his approach apart from that of the ancients and of Aristotle in particular. Aristotle's division of rhetoric into three genres–forensic, deliberative, and epideictic–is largely motivated by the judgments required for each: forensic or legal arguments require verdicts on past action, deliberative or political rhetoric seeks judgment on future action, and epideictic or ceremonial rhetoric concerns values associated with praise or blame and seeks no specific decisions. For Aristotle, the epideictic genre was of limited importance in the civic realm since it did not concern facts or policies. Perelman, in contrast, believes not only that epideictic rhetoric warrants more attention, but that the values normally limited to that genre are in fact central to all argumentation. "Epideictic oratory," Perelman argues, "has significant and important argumentation for strengthening the disposition toward action by increasing adherence to the values it lauds.” These values are central to the persuasiveness of arguments in all rhetorical genres since the orator always attempts to "establish a sense of communion centered around particular values recognized by the audience.”. (shrink)

Some important ideas in Kelsen's Pure Theory of Law can be traced back to Kantian tradition, which has been very influential in Kelsen's thought, particularly in his early period. Among them we find the distinction between two radically different worlds (the world of facts and the world of norms), the normativity of legal science and the idea of validity as a binding force, based on the famous doctrine of the basic norm. These tenets and, especially, the use of a normative (...) concept of validity prove to be incompatible with Kelsen's positivistic programme of a value‐free legal science. The science of law cannot state that legal norms are obligatory or binding without trespassing the limits of Kelsen's ideal of a legal science; on the other hand, it is possible to define the concept of a legal system without resorting to the basic norm. So, if Kelsen is to be regarded as a consequent positivist, the Kantian ingredients of his theory must be rejected and the descriptive concept of validity as membership must be substituted for the normative notion of validity as a binding force. (shrink)

This article develops a fresh approach to Jørgensen's Dilemma on the basis of Paul Horwich's “minimalist” view that our notion of truth is implicitly defined by the instances of the equivalence schema “The proposition that p is true if and only if p.” The “deflationary” claim that the truth predicate, far from referring to any deep property of propositions, merely plays the logical function of enabling us to take certain attitudes (e.g., acceptance or rejection) towards propositions the content of which (...) we are not completely acquainted with or do not want to state openly is argued to lend powerful support to the claim that normative reasoning is concerned with the “transmission” of truth and falsity in the very sense in which descriptive reasoning is commonly taken to be. This result is all the more valuable since the “minimal” sense in which normative propositions are ascribed the capability of being either true or false involves no questionable ontological commitment to the existence of a “world of norms” as opposed to the familiar world of objects and their properties. (shrink)

"A sequel to Pollock's How to Build a Person, this volume builds upon that theoretical groundwork for the implementation of rationality through artificial ...

Is the nature of law to be formal procedure or to embody substantive value? This work deals with the traditional conflict in legal philosophy between positivistic and anti-positivistic theories of law. It examines the conflict with respect to seven central issues in legal philosophy--law as a reason for action, law and authority, the internal point of view to law, the acceptance of law, discretion and principle, interpretation and semantics, and law and the common good. This work argues that although this (...) conflict cannot be resolved, the true nature of law is revealed--not obscured--by this perennial situation. (shrink)

Between the two horns of Jørgensen's dilemma, the authors opt for that according to which logic deals not only with truth and falsity but also with those concepts not possessing this semantic reference. Notwithstanding the “descriptive” prejudice, deontic logic has gained validity among modal logics. The technical foundation proposed consists in an abstract characterization of logical consequence. By identifying in the abstract notion of consequence the primitive from which to begin, it is possible to define the connectives - even those (...) of obligation - by means of the rules of introduction or elimination in a context of derivation. (shrink)