In this work, the author has fashioned out of the logical and linguistic theses of his earlier books a full-scale but readily intelligible account of moral argument.

Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil disobedience (...) -- A right to dissent? : conscientious objection --The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism. (shrink)

What are appropriate criteria for assessing a theory of morality? In Ideal Code, Real World, Brad Hooker begins by answering this question, and then argues for a rule-consequentialist theory. According to rule-consequentialism, acts should be assessed morally in terms of impartially justified rules, and rules are impartially justified if and only if the expected overall value of their general internalization is at least as great as for any alternative rules. In the course of developing his rule-consequentialism, Hooker discusses impartiality, well-being, (...) fairness, equality, the question of how the 'general internalization' of rules is to be interpreted by rule-consequentialism, and the main objections to rule-consequentialism. He also discusses the social contract theory of morality, act-consequentialism, and the question of which moral prohibitions and which duties to help others rule-consequentialism endorses. The last part of the book considers the implications of rule-consequentialism for some current controversies in practical ethics. (shrink)

This paper analyzes and evaluates quine's influential thesis that epistemology should become a chapter of empirical psychology. quine's main point, it is argued, is that normativity must be banished from epistemology and, more generally, philosophy. i claim that without a normative concept of justification, we lose the very concept of knowledge, and that belief ascription itself becomes impossible without a normative concept of rationality. further, the supervenience of concepts of epistemic appraisal shows that normative epistemology is indeed possible.

UTILITARIAN GENERALIZATION Sometimes an act is criticized just because the results of everyone's acting similarly would be bad. The generalization test ...

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)

Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first (...) integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial. (shrink)

This book offers a philosophical interpretation of the historical debate between Bentham and classical Common Law Theory, a debate that is fundamental to philosophical thought and has shaped contemporary conceptions of nature, tasks, and limits of law and adjudication. The author explores the philosophical foundations of Common Law theory, focusing particularly on the writings of Sir Mathew Hale and David Hume.

The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. (...) Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and new chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject. (shrink)

This is a book about moral reasoning: how we actually reason and how we ought to reason. It defends a form of 'rule' utilitarianism whereby we must sometimes judge and act in moral questions in accordance with generally accepted rules, so long as the existence of those rules is justified by the good they bring about. The author opposes the currently more fashionable view that it is always right for the individual to do that which produces the most good. Among (...) the salient topics covered are: an account of the utilitarian function in society of generally accepted moral rules; a discussion of how we interpret existing moral rules and create new ones; and a defence of 'rule' utilitarianism against the charge that it either commits one to irrational rule worship, or collapses into a form of 'act' utilitarianism. This is a book about moral reasoning: how we actually reason and how we ought to reason. It defends a form of 'rule' utilitarianism whereby we must sometimes judge and act in moral questions in accordance with generally accepted rules, so long as the existence of those rules is justified by the good they bring about. (shrink)

The Rationalist Tradition of evidence scholarship1 The history of the law of evidence is the history of a series of largely isolated responses to particular ...

Jeremy Bentham's powerful metaphor of Injustice, and her handmaid Falsehood reminds us, if we need reminding, that justice requires not only just laws, and just administration of those laws, but also factual truth - objective factual truth; and that in consequence the very possibility of a just legal system requires that there be objective indications of truth, i.e., objective standards of better or worse evidence... My plan [in this Olin Lecture in Jurisprudence, presented at Notre Dame law School, in October (...) 2004] is to sketch some epistemological themes of mine, and explore their bearing on two familiar, radical epistemological criticisms of our legal system: (i) that an adversarial system is an epistemologically poor way of determining the truth; and (ii) that exclusionary rules of evidence are epistemologically undesirable. Neither criticism, I shall argue, is decisive; both, however, throw harsh light on disturbing aspects of the way our adversarial system actually functions. (shrink)