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)

Michael Dummett's three John Dewey Lectures--"The Concept of Truth," "Statements About the Past," and "The Metaphysics of Time"--were delivered at Columbia University in the spring of 2002. Revised and expanded, the lectures are presented here along with two new essays by Dummett, "Truth: Deniers and Defenders" and "The Indispensability of the Concept of Truth." In _Truth and the Past,_ Dummett clarifies his current positions on the metaphysical issue of realism and the philosophy of language. He is best known as a (...) proponent of antirealism, which loosely characterizes truth as what we are capable of knowing. The events of the past and statements about them are critical tests of an antirealist position. These essays continue and significantly contribute to Dummett's work. (shrink)

In 1880, when Oliver Wendell Holmes (later to be a Justice of the U.S. Supreme Court) criticized the logical theology of law articulated by Christopher Columbus Langdell (the first Dean of Harvard Law School), neither Holmes nor Langdell was aware of the revolution in logic that had begun, the year before, with Frege's Begriffsschrift. But there is an important element of truth in Holmes's insistence that a legal system cannot be adequately understood as a system of axioms and corollaries; and (...) this element of truth is not obviated by the more powerful logical techniques that are now available. (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)

There is tension between the adversarialism of the U.S. legal culture and the investigative procedures of the sciences, and between the law's concern for finality and the open‐ended fallibilism of science. A long history of attempts to domesticate scientific testimony by legal rules of admissibility has left federal judges with broad screening responsibilities; recent adaptations of adversarialism in the form of court‐appointed experts have been criticized as “inquisitorial,” even “undemocratic.” In exploring their benefits and disadvantages, it would make sense to (...) look to the experience of other legal systems. (shrink)

I discuss Ruth Marcus' conception of beliefs as dispositional states related to possible states of affaires. While I agree with Marcus that this conception accounts for the necessary distinction between belief and linguistic assent, I argue that the relationship between dispositional beliefs and our assent attitudes is more complex, and should include other mental states, such as acceptances, which, although they contain voluntary elements, are further layers of dispositional doxastic attitudes.

Deweyan democracy is inherently comprehensive in the Rawlsian sense and therefore unable to countenance the fact of reasonable pluralism. This renders Deweyan democracy nonviable on pragmatic grounds. Given the Deweyan pragmatists’ views about the proper relation between philosophy and politics, unless there is a viable pragmatist alternative to Deweyan democracy, pragmatism itself is jeopardized. I develop a pragmatist alternative to Deweyan democracy rooted in a Peircean social epistemology. Peircean democracy can give Deweyan pragmatists all they should want from a democratic (...) theory while avoiding the anti-pluralistic implications of Dewey’s own democratic theory. After presenting the arguments against Deweyan democracy and for Peircean democracy, I address a criticism of Peircean democracy recently posed by Matthew Festenstein. (shrink)

The originality of Peirce's pragmatism is grounded in the very early project Peirce draws of a Logic, in which psychology and metaphysics are intimately connected: under the influence of Kant, Boole and the Scolastics, and through a certain logical use of the sign, Peirce elaborates a Logic, both more formal and larger , on the Scotistic model of a Speculative Grammar.

In this brief book one of the most distinguished living American philosophers takes up the question of whether ethical judgments can properly be considered objective--a question that has vexed philosophers over the past century. Reviewing what he deems the disastrous consequences of ontology's influence on analytic philosophy--in particular, the contortions it imposes upon debates about the objective of ethical judgments--Putnam proposes abandoning the very idea of ontology.

Truth is a fundamental objective of adjudicative processes; ideally, substantive as distinct from formal legal truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. Jury nullification and jury equity. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.