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)

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.

Since many legal disputes are battles over the meaning of a statute, contract, testimony, or the Constitution, judges must interpret language in order to decide why one proposed meaning overrides another. And in making their decisions about meaning appear authoritative and fair, judges often write about the nature of linguistic interpretation. In the first book to examine the linguistic analysis of law, Lawrence M. Solan shows that judges sometimes inaccurately portray the way we use language, creating inconsistencies in their decisions (...) and threatening the fairness of the judicial system. Solan uses a wealth of examples to illustrate the way linguistics enters the process of judicial decision making: a death penalty case that the Supreme Court decided by analyzing the use of adjectives in a jury instruction; criminal cases whose outcomes depend on the Supreme Court's analysis of the relationship between adverbs and prepositional phrases; and cases focused on the meaning of certain words in the Constitution. Solan finds that judges often describe our use of language poorly because there is no clear relationship between the principles of linguistics and the jurisprudential goals that the judge wishes to promote. A major contribution to the growing interdisciplinary scholarship on law and its social and cultural context, Solan's lucid, engaging book is equally accessible to linguists, lawyers, philosophers, anthropologists, literary theorists, and political scientists. (shrink)

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

This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.

A strong tradition in philosophy denies the possibility of moral dilemmas. Recently, several philosophers reversed this tradition. In this dissertation, I clarify some fundamental issues in this debate, argue for the possibility of moral dilemmas, and determine some implications of this possibility. ;In chapter I, I define moral dilemmas roughly as situations where an agent morally ought to adopt each of two alternatives but cannot adopt both. Moral dilemmas are resolvable if and only if one of the moral oughts overrides (...) the other. ;In chapter II, I criticize several opponents of moral dilemmas, including utilitarians, Kant, Aquinas, and Ross. My main criticism is that no opponent of moral dilemmas can adequately justify moral residue . ;Chapters III and IV concern the two main arguments against the possibility of moral dilemmas. First, the argument for 'ought' implies 'can' runs as follows. If the agent cannot adopt both, then it is not the case that the agent ought to adopt both. But the agent ought to adopt both, since the agent ought to adopt each . Thus, the defining judgements of a moral dilemma seem to imply a contradiction. In response, I argue that the relation between 'ought' and 'can' is not a logical implication but a conversational implicature. ;Chapter IV concerns the argument from 'ought' implies 'permitted': If the agent ought to adopt one alternative, then the agent is permitted to adopt that alternative, which means that it is not the case that the agent ought not to adopt that alternative. But the agent ought not to adopt that alternative, since the agent ought to adopt the other alternative and cannot adopt both. I respond that 'ought' does not logically imply but conversationally implicates 'permitted'. ;In chapter V, I argue that, despite recent claims, both moral realism and anti-realism are compatible with the possibility of moral dilemmas. Thus, there are several reasons to accept and no reasons to deny the possibility of moral dilemmas. (shrink)

This paper deals with the truth-Conditions and the logic for vague languages. The use of supervaluations and of classical logic is defended; and other approaches are criticized. The truth-Conditions are extended to a language that contains a definitely-Operator and that is subject to higher order vagueness.

Ambiguity, vagueness and metaphor are pervasive features of language, deserving of systematic study in their own right. Yet they have frequently been considered mere deviations from ideal language or obstacles to be avoided in the construction of scientific systems. First published in 1979, Beyond the Letter offers a consecutive study of these features from a philosphical point of view, providing analyses of each and treating their relations to one another. Addressed to the fundamental task of logical and semantic explanation, the (...) book employs an inscriptional methodology in the attempt to avoid prevalent forms of question-begging, and, further, in the conviction that sparseness of assumption often reveals points of theoretical interest irrespective of methodolgical preference. The author distinguishes and analyses several varieties of ambiguity, developing new semantic notions in the process; recasts the philosophical treatment of vagueness in the light of recent criticisms of analyticity; discusses the bearing of vagueness on logic; and provides a systematic critique of major recent interpretations of metaphor, developing a revised version of contextualism. (shrink)

The author discusses the role of language within law, and the role of philosophy of language in understanding the nature of law. He argues that the major re-thinking of the common and `common sense' views about law that have been proposed by various recent legal theorists are unnecessary.

Witchcraft, Oracles, and Magic among the Azande, first published in 1977, was based on anthropological reseaches carried out in the Southern Sudan during the late 1920s. For a decade of so, the book had little discernable impact; but from the early 1950s to present day its influence has grown incalculably, so that it is now difficult even to discuss beliefs about witchcraft or sorcery without reference to it. This abridgement of E.E. Evans-Pritchard's acknowledged masterpiece is intended to make it more (...) accessible to students and the general reader. (shrink)

Consider an object or property a and the predicate F. Then a is vague if there are questions of the form: Is a F? that have no yes-or-no answers. In brief, vague properties and kinds have borderline instances and composite objects have borderline constituents. I'll use the expression "borderline cases" as a covering term for both. ;Having borderline cases is compatible with precision so long as every case is either borderline F, determinately F or determinately not F. Thus, in addition (...) to borderline cases, vagueness requires "fuzzy borders". A has fuzzy borders if there is no sharp line between a's borderline cases, a's determinate cases and a's determinate non-cases. To illustrate, loudness is vague because in a continuum of gradually increasing volume, there is no fact about where the last definite loud noise is and where the first borderline noise is. ;Actual borderline cases are not required for vagueness. Suppose actual noises are either ear-shatteringly loud or silent. Even so, loudness is vague since it could have borderline instances. Just so for objects. Suppose a table is cleanly bounded such that there is a sharp break between the table and its surroundings. Still, that table is vague since there are worlds at which it is indeterminate whether some wood molecule a is, or is not, part of that table. ;There are three views about which things can be vague. On the linguistic view, vagueness is solely a feature of expressions. On the nihilistic view, nothing is vague because vagueness is incoherent. Pitted against these views is the ontological conception of vagueness according to which borderline instances and constituents arise due to genuine indeterminacy in nature. ;My dissertation defends the ontological conception. I argue against the adequacy of the theory's rivals, disarm a damaging objection and demonstrate the causal superiority of vague events. Anyone familiar with the literature on vagueness will notice that only a subset of issues are discussed. What I offer is preliminary--I hope only to make the theory of ontological vagueness attractive enough to merit future work. (shrink)

Roy Sorenson offers a unique exploration of an ancient problem: vagueness. Did Buddha become a fat man in one second? Is there a tallest short giraffe? According to Sorenson's epistemicist approach, the answers are yes! Although vagueness abounds in the way the world is divided, Sorenson argues that the divisions are sharp; yet we often do not know where they are. Written in Sorenson'e usual inventive and amusing style, this book offers original insight on language and logic, the way world (...) is, and our understanding of it. (shrink)

Sorensen here offers a unified solution to a large family of philosophical puzzles and paradoxes through a study of "blindspots": consistent propositions that cannot be rationally accepted by certain individuals even though they might by true.