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)

A successful account of the ‘normativity of law’ is meant to inter alia establish how legal requirements come to be morally binding. This question presupposes taking a stance on the metaethical debate about the nature of morality and moral bindingness between the cognitivist and non-cognitivist camps. An overwhelming majority of contemporary legal philosophers have an unspoken adherence to a cognitivist metaethic and the model of normativity of law emerging from it: the impinging model. Consequently, the problematic of the normativity of (...) law is so calibrated as to in limine rule out any putative account of the normativity of law that presupposes a non-cognitivist metaethic: the projectivist model. This paper calls for a recalibration of the problematic of the normativity of law to a metaethically aseptic viewpoint from which the projectivist model is seen as a plausible theoretical contender to the impinging model. It also sets out the philosophical underpinnings of the projectivist model and contrasts it... (shrink)

This is a major work in moral philosophy, the long-awaited follow-up to Parfit's 1984 classic Reasons and Persons, a landmark of twentieth-century philosophy. Parfit now presents a powerful new treatment of reasons and a critical examination of the most prominent systematic moral theories, leading to his own ground-breaking conclusion.

This edition includes new essays by philosopher Michael Williams and literary scholar David Bromwich, as well as Rorty's previously unpublished essay "The ...

The essays included in the series provide an excellent basis for understanding recent developments in the field; those who would like to acquaint themselves ...

Ross, Alf. On Law and Justice. Berkeley: University of California Press, 1959. xi, 383 pp. Reprint available December 2004 by the Lawbook Exchange, Ltd.

Provides a comprehensive introduction to the major philosophical theories attempting to explain the workings of language.

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)

John Mackie's stimulating book is a complete and clear treatise on moral theory. His writings on normative ethics-the moral principles he recommends-offer a fresh approach on a much neglected subject, and the work as a whole is undoubtedly a major contribution to modern philosophy.The author deals first with the status of ethics, arguing that there are not objective values, that morality cannot be discovered but must be made. He examines next the content of ethics, seeing morality as a functional device, (...) basically the same at all times but changing significantly in response to changes in the human condition. He sketches a practical moral system, criticizing but also borrowing from both utilitarian and absolutist views. Thirdly, the frontiers of ethics, areas of contact with psychology, metaphysics, theology, law and politcs, are explored.Throughout, his aim is to discuss a wide range of questions that are both philosophical and practical, working within a distinctive version of subjectivism-an "error" theory of the apparent objectivity of values. John Mackie has drawn on the contributions of such classic thinkers as Plato, Aristotle, Hobbes, Hume, Kant and Sidgwick, and on more recent discussions, to produce a thought-provoking account that will inspire both the general reader and the student of philosophy. (shrink)

How can science be brought to connect with experience? This book addresses two of the most challenging problems facing contemporary neurobiology and cognitive science. Firstly, understanding how we unconsciously execute habitual actions as a result of neurological and cognitive processes that are not formal actions of conscious judgment but part of a habitual nexus of systematic self-organization. Secondly, attempting to create an ethics adequate to our present awareness that there is no such thing as a transcendental self, a stable subject (...) or soul. The author combines researches in cognitive science and phenomenology with two representatives of what he calls the 'wisdom traditions': Confucianism and Buddhist epistemology. (shrink)

Ethical concepts are, or purport to be, normative. They make claims on us: they command, oblige, recommend, or guide. Or at least when we invoke them, we make claims on one another; but where does their authority over us - or ours over one another - come from? Christine Korsgaard identifies four accounts of the source of normativity that have been advocated by modern moral philosophers: voluntarism, realism, reflective endorsement, and the appeal to autonomy. She traces their history, showing how (...) each developed in response to the prior one and comparing their early versions with those on the contemporary philosophical scene. Kant's theory that normativity springs from our own autonomy emerges as a synthesis of the other three, and Korsgaard concludes with her own version of the Kantian account. Her discussion is followed by commentary from G. A. Cohen, Raymond Geuss, Thomas Nagel, and Bernard Williams, and a reply by Korsgaard. (shrink)

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 ...

This essay juxtaposes the position in metaethics defended, expressivism with quasirealistic trimmings, with the ancient problem of relativism. It argues that, perhaps surprisingly, there is less of a problem of normative truth on this approach than on others. Because ethics is not in the business of representing aspects of the world, there is no way to argue for a plurality of moral truths, simply from the existence of a plurality of moral opinions. The essay also argues that other approaches, which (...) superficially seem better adapted to defending robust and substantive conceptions of moral truth, in fact face more danger from the threat of relativism. This is particularly so in the case of 'secondary quality' or 'response-dependent' approaches, but also in the case of certain kinds of constructivism. (shrink)

Divided into three essays, this title offers an investigation into the origins of our moral values, or as the author calls them 'moral prejudices'. It addresses the concept of guilt and its role in the development of civilization and religion. It also considers suffering and its role in human existence.

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

According to H.L.A. Hart's analysis, to utter an internal legal statement is partly to express an acceptance of a set of norms. This article attempts to defend Hart's conception of internal legal discourse by responding to the following three lines of criticism that can be found in Joseph Raz's writings: (i) that Hart's analysis fails to account for what Raz calls ‘detached legal statements’; (ii) that Hart's deployment of the notion of acceptance in his analysis vitiates his legal positivist project (...) because such acceptance necessarily amounts to moral endorsement; and (iii) that Hart is wrong to assume that normative practices, including discursive legal practices, can be characterized satisfactorily by deploying only descriptive statements. I argue that Hart's theory, or at least a theory along the lines that Hart developed, has sufficient resources to handle satisfactorily these criticisms. His world is a noonday world in which sharply outlined figures, most of them more than a little singular, act in describable ways against perceptible backgrounds. Clifford Geertz, speaking of Sir Edward Evan Evans-Pritchard. (shrink)

The Meditations of Marcus Aurelius are treasured today--as they have been over the centuries--as an inexhaustible source of wisdom. And as one of the three most important expressions of Stoicism, this is an essential text for everyone interested in ancient religion and philosophy. Yet the clarity and ease of the work's style are deceptive. Pierre Hadot, eminent historian of ancient thought, uncovers new levels of meaning and expands our understanding of its underlying philosophy. Written by the Roman emperor for his (...) own private guidance and self-admonition, the Meditations set forth principles for living a good and just life. Hadot probes Marcus Aurelius's guidelines and convictions and discerns the hitherto unperceived conceptual system that grounds them. Abundantly quoting the Meditations to illustrate his analysis, the author allows Marcus Aurelius to speak directly to the reader. And Hadot unfolds for us the philosophical context of the Meditations, commenting on the philosophers Marcus Aurelius read and giving special attention to the teachings of Epictetus, whose disciple he was. The soul, the guiding principle within us, is in Marcus Aurelius's Stoic philosophy an inviolable stronghold of freedom, the "inner citadel." This spirited and engaging study of his thought offers a fresh picture of the fascinating philosopher-emperor, a fuller understanding of the tradition and doctrines of Stoicism, and rich insight on the culture of the Roman empire in the second century. Pierre Hadot has been working on Marcus Aurelius for more than twenty years; in this book he distills his analysis and conclusions with extraordinary lucidity for the general reader. (shrink)

Back in 1950, while a physics major at Harvard, I wandered into C.I. Lewis’s epistemology course. There, Lewis was confidently expounding the need for an indubitable Given to ground knowledge, and he was explaining where that ground was to be found. I was so impressed that I immediately switched majors from ungrounded physics to grounded philosophy.

_Postures of the Mind _was first published in 1985. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. Annette Baier develops, in these essays, a posture in philosophy of mind and in ethics that grows out of her reading of Hume and the later Wittgenstein, and that challenges several Kantian or analytic articles of faith. She questions the assumption that intellect has authority over all (...) human feelings and traditions; that to recognize order we must recognize universal laws—descriptive or prescriptive; that the essential mental activity is representing; and that mental acts can be analyzed into discrete basic elements, combined according to statable rules of synthesis. In the first group of essays—"Varieties of Mental Postures"—Baier evaluates the positions taken by philosophers ranging from Descartes to Dennett and Davidson. Among her topics are remembering, intending, realizing, caring, representing, changing one's mind, justifying one's actions and feelings, and having conflicting reasons for them. The second group of essays—"Varieties of Moral Postures" - explores the sort of morality we get when all of these capacities become reflective and self-corrective. Some deal with particular moral issues—our treatment of animals, our policies regarding risk to human life, our contractual obligations; others, with more general questions on the role of moral philosophers and the place of moral theory. These essays respond to the theories of Hobbes, Kant, Rawls, and MacIntyre, but Baier's most positive reaction is to David Hume; _Postures of the Mind _ affirms and cultivates his version of a moral reflection that employs feeling and tradition as well as reason. (shrink)

Following an introductory classification of prescriptive language that emphasizes the parallel between imperatives and moral language, this chapter distinguishes between the indicative and imperative moods of language. It then dismisses various attempts to account for imperatives, particularly their reduction to indicatives as well as expressivist theories like Ayer's and Stevenson's.

I had a strange dream, or half-waking vision, not long ago. I found myself at the top of a mountain in the mist, feeling very pleased with myself, not just for having climbed the mountain, but for having achieved my life's ambition, to find a way of answering moral questions rationally. But as I was preening myself on this achievement, the mist began to clear, and I saw that I was surrounded on the mountain top by the graves of all (...) those other philosophers, great and small, who had had the same ambition, and thought they had achieved it. And I have come to see, reflecting on my dream, that, ever since, the hard-working philosophical worms have been nibbling away at their systems and showing that the achievement was an illusion. True, their skeletons, indigestible to worms, remained, and were surprisingly similar to one another. But I was led to think again about what one can, and what one cannot, achieve in this direction. (shrink)

I recognise in retrospect that this review chides Prof. Hadot for those things that he didn't do so well, while failing to give due credit to the kinds of writing about philosophy that he did do well.

This paper sets out to raise questions about the metaphor of the spaceof reasons. It argues that a proper appreciation of Wittgensteinundermines the metaphysical or dualistic way of taking the metaphor thatis supposed to prevent the naturalization of reason.

In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.