This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. We (...) also call for criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs to be expunged, and for those currently serving time for these offenses to be released. In effect, we call for an end to the “war on drugs.”. (shrink)

In this paper, we argue that providers who conscientiously refuse to provide legal and professionally accepted medical care are not always morally required to refer their patients to willing providers. Indeed, we will argue that refusing to refer is morally admirable in certain instances. In making the case, we show that belief in a sweeping moral duty to refer depends on an implicit assumption that the procedures sanctioned by legal and professional norms are ethically permissible. Focusing on examples of female (...) genital cutting, clitoridectomy and ‘normalizing’ surgery for children with intersex traits, we argue that this assumption is untenable and that providers are not morally required to refer when refusing to perform genuinely unethical procedures. The fact that acceptance of our thesis would force us to face the challenge of distinguishing between ethical and unethical medical practices is a virtue. This is the central task of medical ethics, and we must confront it rather than evade it. There are no data in this work. (shrink)

In our recent article, together with more than 60 of our colleagues, we outlined a proposal for drug policy reform consisting of four specific yet interrelated strategies: (1) de jure decriminalization of all psychoactive substances currently deemed illicit for personal use or possession (so-called “recreational” drugs), accompanied by harm reduction policies and initiatives akin to the Portugal model; (2) expunging criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs (and releasing those serving (...) time for these offenses), while delivering retroactive ameliorative relief; (3) the ultimate legalization and careful regulation of currently illicit drugs; and (4) the delivery of a new “Marshall Plan” focused on community-building initiatives, expanded harm reduction programs, and social and health care support efforts (Earp et al. 2021). We were gratified to see so many thoughtful commentaries on our proposal, and we respond to them in part in this reply. (shrink)

The classical interpretation of mathematical statements can be seen as comprising two separate but related aspects: a domain and a truth-schema. L. E. J. Brouwer’s intuitionistic project lays the groundwork for an alternative conception of the objects in this domain, as well as an accompanying intuitionistic truth-schema. Drawing on the work of Arend Heyting and Michael Dummett, I present two objections to classical mathematical semantics, with the aim of creating an opening for an alternative interpretation. With this accomplished, I then (...) make the case for intuitionism as a suitable candidate to fill this void. (shrink)

Il tempo sembra scorrere incessantemente. Tutta la nostra vita può in effetti essere descritta come una lunga serie di eventi disposti in un preciso ordine temporale. La ragione per cui esistono un prima e un dopo – suggerisce il senso comune – risiede nell’intrinseco dinamismo della realtà, nel costante mutare di ciò che è presente. L’istante in cui scrivo queste parole si distanzia da un passato via via più remoto, per procedere verso un futuro di là da venire. Da millenni, (...) fisica e filosofia si interrogano su quanto di questa immagine intuitiva della realtà corrisponda al vero. Comprendere la natura del tempo acquisisce particolare rilevanza nei momenti in cui appare più difficile prevedere cosa ci riserva il futuro. La pandemia da Covid-19 (Coronavirus disease 2019) nel 2020, per citare un esempio, ci ha costretti a operare in scenari dall’elevato grado di incertezza, ponendoci faccia a faccia con una delle domande più complesse che ci si possa porre: il futuro è già scritto o è in nostro potere modificarlo? (shrink)

This is a rough translation of Michael Frede's "La théorie aristotélicienne de l'intellect agent" published in 1996. This insightful paper contains an important interpretation of Aristotle's notoriously difficult theory of the active intellect from De Anima III, 5. I worked up a translation during some research and thought others might benefit from having an English translation available (I couldn't find one after a cursory internet search). It's not perfect, but it should give one a sense for Frede's argument that the (...) agent intellect is the same as the divine intellect of Metaphysics Lambda. I welcome any comments or suggestions for improvement, please email me at smurray7 [at] providence [dot] edu. (shrink)

En général, un agent peut dire ce qu’il est en train de faire sans l’observer au préalable, et il possède une certaine autorité sur ce qu’il en dit. Partant de ce fait, Elizabeth Anscombe a soutenu que la connaissance qu’un agent a de ses actions intentionnelles est un «savoir pratique» (practical knowledge) «sans observation». Cette thèse a été abondamment commentée, critiquée et reprise depuis la publication d’Intention il y a bientôt 70 ans. Ce qui a plus rarement été abordé est (...) l’étonnant parallèle entre ce que dit Anscombe à ce sujet, et certaines descriptions sartriennes de la conscience d’un agent intentionnel. Cet article tâchera de montrer que les pensées respectives de ce drôle de couple philosophique convergent sur l’idée que nous avons la capacité de dire ce que nous sommes en train de faire sans observation ni réflexion préalable. En critiquant une certaine image de l’intériorité de l'esprit, leur objectif commun est de rendre compte de cette conscience de soi toute particulière qui permet aux agents de savoir ce qu’ils font dans et par cette action même. Comment faut-il comprendre le rapport entre ces deux approches ? Sont-elles complémentaires ? Concurrentes ? Nous considérons qu’une réponse simple et tranchée à ces questions n’est pas possible d’avance, exige une étude comparative relativement poussée. Notre hypothèse est que le savoir pratique d’un agent est indissociable d’une certaine expérience de l’engagement pratique dans le monde que décrit Sartre. (shrink)

How do we know ourselves? When it comes to our states of mind, it might seem that self-knowledge enjoys a privilege: I know what I'm thinking because I have immediate access to my mind. Inspired by Sartre, two American philosophers, Richard Moran and Charles Larmore, have argued that this idea fails to account for our singular relationship with our own minds. In addition to knowing ourselves through theoretical reflection, we are also capable of practical reflection. We can answer the question (...) of what we think in a practical way: through a decision or a commitment, rather than a self-interpretation. But what is the relationship between these two types of self-reflection? What should we do when they conflict? This book seeks to answer these questions. In so doing, it shows the importance of another path to self-knowledge hitherto left aside by analytic authors: phenomenological reflection on our experience of the world. -/- Comment se connaît-on soi-même ? Concernant nos états d’esprit, il peut sembler que la connaissance de soi jouisse d’un privilège : je sais ce que je pense parce que j’ai un accès immédiat à mon esprit. S’inspirant de Sartre, deux philosophes américains, Richard Moran et Charles Larmore, ont soutenu que cette idée ne rend pas compte de notre rapport singulier à notre propre esprit. En plus de se connaître par une réflexion théorique, on est aussi capable d’une réflexion pratique. On peut répondre de façon pratique à la question de savoir ce qu’on pense : par une décision ou un engagement, plutôt qu’une interprétation de soi. Mais quel est le rapport entre ces deux types de réflexion sur soi ? Que faire lorsqu’elles entrent en conflit ? Ce livre cherche à répondre à ces questions. Ce faisant, il montre l’importance d’une autre voie vers la connaissance de soi jusqu’à présent laissée de côté par les auteurs analytiques : la réflexion phénoménologique sur notre expérience du monde. (shrink)

Democracy is one of the virtues we ache for, as many now observe an undemocratic society as a savage society. Richard L. Sklar built up a hypothesis called developmental democracy in which he opines that democracy will essentially prompts the improvement of African people and states. For the most part, there has been contention whether development precedes democracy or rather democracy helps development, which is very much unclear. Regardless of the answer, since the prodemocracy charges hit Africa since 1990s, democracy (...) has not made substantial strides. There have still been huge issues of underdevelopment, corruption and mal-administration. Many have started scrutinizing the possibility of democracy been ideal for Africa. The purpose of this paper is to audit the possibility of developmental democracy within African context. This paper presents that democracy is not ideal for Africa, it likewise guarantees that, if democracy is really what it is said to be, there would not have been any requirement for polarization, for instance, developmental, liberal, social democracies and so on. This is because any democracy will essentially include all. It is on this background that the paper attempts to criticize Richard’s Sklar’s idea of developmental democracy. (shrink)

La logica modale è nata per studiare i ragionamenti su ciò che è possibile e ciò che è necessario. Negli ultimi decenni, a partire dal lavoro di logici e filosofi quali Rudolf Carnap, Saul Kripke e David Lewis, la sua applicazione è stata progressivamente estesa ad altri ambiti, quali il ragionamento sul tempo, sulla conoscenza e sui sistemi di norme. Queste ricerche hanno condotto a un complesso e intrigante dialogo con alcune fondamentali branche della filosofia: la metafisica, l’epistemologia, la filosofia (...) del linguaggio. Lo scopo del volume è offrire una panoramica di questo dialogo al contempo accessibile e rigorosa, pensata sia per gli studenti di un corso universitario, sia per il lettore non specialista. Se da un lato tutte le necessarie nozioni tecniche sono rese accessibili ai non addetti ai lavori, dall'altro si restituisce un'immagine fedele delle sfide concettuali che la ricerca in questi settori è oggi chiamata ad affrontare. (shrink)

With Being Me Being You, Samuel Fleischacker provides a reconstruction and defense of Adam Smith’s account of empathy, and the role it plays in building moral consensus, motivating moral behavior, and correcting our biases, prejudices, and tendency to demonize one another. He sees this book as an intervention in recent debates about the role that empathy plays in our morality. For some, such as Paul Bloom, Joshua Greene, Jesse Prinz, and others, empathy, or our capacity for fellow-feeling, tends to (...) misguide us in the best of cases, and more often reinforces faction and tribalism in morals and politics. These utilitarians, as Fleischacker refers to them, propose that empathy take a back seat to cost-benefit analysis in moral decision-making. As an intervention, the book is largely successful. Fleischacker’s defense of empathy is nuanced and escapes the myopic enthusiasm to which many partisans of empathy are prone. Anyone looking to understand the relationship between empathy and morality would do well to grapple with Being Me Being You. Still, Fleischacker overlooks that Smith would most likely be less convinced of the idea that greater empathy can help us overcome the great challenges of our time. (shrink)

H.L.A. Hart’s objection to defining a law as a subtype of an unclear type, or one of his objections, suffers from two oversights, which I identify.

This paper responds to material from Scott Soames’s wide ranging book The World Philosophy Made, material which I am actually tempted to overlook. Soames adds a detail to a criticism H.L.A. Hart makes of John Rawls, but I argue that Soames cannot consistently endorse this criticism, given his acceptance of trickle-down economics and his aspiration to cohere with a dominant strand of right-wing American philosophy.

This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and (...) determinate rule application. Hart believed that discretion, soundly exercised, provides a principled way of coping with legal indeterminacy that is fully consistent with the rule of law. This Essay situates Hart’s paper – Discretion – in historical and intellectual context, interprets its main arguments, and assesses its significance in jurisprudential history. In the context of Hart’s work, Discretion is notable because it sketches a theory of legal reasoning in depth, with vivid examples. In the context of jurisprudential history, Discretion is significant because it sheds new light on long-overlooked historical and theoretical connections between Hart’s work and the Legal Process School, the American jurisprudential movement dominant at Harvard during Hart’s year as a visiting professor. Hart’s Discretion is part of our jurisprudential heritage, advancing our understanding of legal philosophy and its history. (shrink)

The perpetual secretary of the Berlin Academy Johann Heinrich Samuel Formey is best known as a populariser of Christian Wolff’s doctrines. As of Formey’s activity in the Berlin Academy, scholars have mostly emphasized his role in the controversy over monads with Leonhard Euler, while overlooking other interesting contributions Formey presented in the “speculative philosophy” class of the Academy. In this paper, I analyse two articles Formey published in 1747 on the Mémoires de l’Académie de Berlin, namely the Preuves de (...) l’existence de Dieu, ramenées aux notions communes and the Examen de la preuve qu’on tire des fins de la nature, pour établir l’existence de Dieu. In these texts, Formey presents some of Wolff’s methodological and metaphysical ideas, in an implicit dialogue with other members of the Academy – in particular, with the president Pierre-Louis Moreau de Maupertuis – who were also interested in metaphysics and the philosophical method. Formey reworks the Wolffian arguments as to make them more accessible, in order to promote an open confrontation over core philosophical questions. Far from adopting a controversial tone, Formey’s attitude is rather conciliatory: any disagreement, as he thinks, can be easily settled once the true method for philosophizing is made available to everybody. (shrink)

This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or (...) entity identified by reference to game theory and the philosophical idea of “convention” as the source of signals with which the subject population has become effectively locked, as a group, into conformity. (shrink)

In this brief introduction, I shall rather reflect, from a biographer’s viewpoint, on the significance of Discretion for our understanding of the trajectory of Hart’s ideas and on the significance of his year at Harvard. I shall then move on to consider the intriguing question of why Hart did not subsequently publish or build on some of the key insights in the paper itself. Here I highlight the fact that, almost uniquely in Hart’s work, Discretion features a (...) notable emphasis on the significance of institutional factors in our understanding of the nature of legal decisionmaking; and I argue that Hart’s failure fully to develop this insight in the essay, or to build on it in his subsequent work, derives from the fact that such a development would have necessitated a diversion from the philosophical issues that were his core intellectual concern, and moreover would have presented certain dangers to his conception of legal positivism. I shall conclude by considering what contribution the essay makes to our overall interpretation and evaluation of Hart’s legal philosophy. (shrink)

In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro (...) contends that a new approach is vital for progress in the philosophy of law and, with his lengthy presentation of his own Planning Theory of Law, he aspires to pioneer just such an approach. Except for a very terse observation in the final main section, this article does not directly assess the strengths and shortcomings of Shapiro's piquant planning theory. Instead, I defend Hart against Shapiro's charges and thereby undermine the motivation for the development of the planning theory. (shrink)

The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an intended (...) audience. The second theory portrays the law as a mode of interpretation, whereby judges, officials, and ordinary citizens make decisions about how the law applies in various practical contexts. The law's meaning is that furnished by its interpreters. According to this theory, law is a receptacle into which decision-makers pour meaning. The third viewpoint argues that these theories, while not altogether wrong, are incomplete because they downplay or ignore the autonomous meaning that the law itself possesses. This theory suggests that the law is basically a mode of participation, whereby legislators, judges, officials, and ordinary people attune themselves to an autonomous field of legal meaning. The law's meaning is grounded in a body of social practice which is independent of both the law's authors and its interpreters and which is infused with basic values and principles that transcend the practice. On this view, law is the emblem of meaning that lies beyond it. -/- Elements of all three theories are present in H.L.A. Hart's influential work, The Concept of Law, which attempts to fuse them into a single, all-encompassing theory. Nevertheless, as we will argue here, the attempt is not successful. Any true reconciliation of the communication and interpretation theories can only take place within the framework of a fully developed participation theory. In the early stages of his work, Hart lays the foundation for such a theory. However, his failure to elaborate it in a thoroughgoing way renders the work incomplete and ultimately unbalanced. As we will see, there is something to be learned from this failure. (shrink)

H.L.A. Hart objects to John Rawls’s liberty principle by drawing attention to how our legal system accepts the restriction of liberty to protect against other harms than liberty-deprivation, such as by laws against slander, libel, and publications which grossly infringe privacy. What is the solution for John Rawls, faced with this criticism? One solution is, by the reflective equilibrium method, to justify abandoning the judgment that these actions are immoral.

This is a two-page handout covering the subtle differences between H.L.A. Hart and Scott Soames on whether the protection of basic liberties would be prioritized using the original position method.

Philosophers, and students of philosophy, are often advised to interpret other philosophers charitably. In this paper, I present an alternative to interpreting charitably. I call it “the simple-model technique” and use H.L.A. Hart responding to John Rawls to illustrate it.

Joseph Raz’s obituary of H.L.A. Hart for Utilitas raises certain puzzles, especially for readers coming from the research area analytic political philosophy. I present three puzzles.

The paper deals with the work Philosophia Sacra: Or The Principles of Natural Philosophy. Extracted from Divine Revelation, published in 1753 by the relatively unknown English clergyman Samuel Pike (circa 1717 – 1773). This work falls within the tradition of the so-called Mosaic physics, a specific Early Modern endeavor to build natural philosophy based on a literal reading of the Holy Scriptures, particularly the first chapters of the book of Genesis attributed to Moses – hence the term “Mosaic.” For (...) this reason, at the beginning of the paper, the author seeks to introduce the fundamental ideas of this movement as expressed by its key proponents, namely L. Daneau, O. Casmann, and K. Aslakssøn. In the subsequent analysis of Pike’s natural-philosophical conception, the author highlights its specific features, including obvious Newtonian influences on the one hand (Pike’s work was written about a century and a half later than the texts of the ‘founding fathers’ of Mosaic physics and must have been influenced by the contemporary discourse). On the other hand, Pike’s work exhibits strong, albeit implicit, similarities with the ideas of J. A. Comenius, another thinker associated with Early Modern Mosaic physics (and often considered its most significant representative, which are explored in the concluding part of the text. It can be said that Pike’s work appears as a remarkable and highly original culmination of the Mosaic natural philosophy tradition, combining a range of seemingly unexpected, if not outright contradictory, motifs. (shrink)

Law is traditionally related to the practice of command and hierarchy. It seems that a legal rule should immediately establish a relation between a superior and an inferior. This hierarchical and authoritharian view might however be challenged once the phenomenology of the rule is considered from the internal point of view, that is, from the stance of those that can be said to “use” rather than to “suffer” the rules themselves. A practice oriented approach could in this way open up (...) a more liberal, and also somehow less parochial and ideological, road for legal theory. This is – it is argued in the paper – the programme, or better, the promise we can find in Herbert Hart’s main work, The Concept of Law. The article tries to render this promise more transparent while, nonetheless, not eschewing the blind sides of its narrative and argumentative strategy. (shrink)

H. L. A. Hart’s (1907-1992) influence on contemporary philosophy is not restricted to the philosophy of law. As the book’s sub-title suggests and the table of contents confirm, he wrote widely on matters social, political and moral, not just legal. Probably best known for The Concept of Law (1961), Hart also authored a collection of essays on Jeremy Bentham (Essays on Bentham,1982), two books on the morality of criminal law based on his exchange with Lord Patrick Devlin (Law, (...) Liberty and Morality, 1963) and The Morality of the Criminal Law, 1965), one on punishment (Punishment and Responsibility, 1968), a treatise as well as a collection of essays on jurisprudential theory (Definition and Theory in Jurisprudence, 1953, and Essays in Jurisprudence and Philosophy, 1983), and finally a volume on legal causation, co-authored with Tony Honoré (Causation in the Law, 1959). The book under review here, on Hart’s legacy, is divided into six sections: the first is devoted to Hart’s general jurisprudential theory; the second to his writings on criminal law; the third to legal causation; the fourth to concerns of justice; the fifth to legal, political and moral rights; and the sixth and final section to matters of toleration and liberalism. (shrink)

Kraut and other neo-Aristotelians have argued that there is no such thing as absolute goodness. They admit only good in a kind, e.g. a good sculptor, and good for something, e.g. good for fish. What is the view of Aristotle? Mostly limiting myself to the Nicomachean Ethics, I argue that Aristotle is committed to things being absolutely good and also to a metaphysics of absolute goodness where there is a maximally best good that is the cause of the goodness of (...) all other things in virtue of being their end. I begin by suggesting that the notion of good as an end, which is present in the first lines of the NE, is not obviously accounted for by good in a kind or good for something. I then give evidence that good in a kind and good for something can explain neither certain distinctions drawn between virtues nor the determinacy ascribed to what is good “in itself.” I argue contra Gotthelf that because several important arguments in the Nicomachean Ethics rely on comparative judgments of absolute value—e.g. “Man is the best of all animals”—Aristotle is committed to the existence of both absolute goodness and an absolutely best being. I focus on one passage, Aristotle’s division of goods in NE I 12, which presupposes this metaphysical picture. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

In this paper, I will argue that there is a version of possibilism—inspired by the modal analogue of Kit Fine’s fragmentalism—that can be combined with a weakening of actualism. The reasons for analysing this view, which I call Modal Fragmentalism, are twofold. Firstly, it can enrich our understanding of the actualism/possibilism divide, by showing that, at least in principle, the adoption of possibilia does not correspond to an outright rejection of the actualist intuitions. Secondly, and more specifically, it can enrich (...) our understanding of concretism, by proving that, at least in principle, the idea that objects have properties in an absolute manner is compatible with transworld identity. (shrink)

Le droit est traditionnellement lié à la pratique du commandement et de la hiérarchie. Il semble qu’une règle juridique établisse une immédiate relation entre une norme supérieure et une norme inférieure. La conception hiérarchique et impérative peut néanmoins être remise en cause dès lors que la phénoménologie de la règle juridique est appréhendée d’un point de vue interne, celui de ceux que l’on peut considérer comme les « utilisateurs » de la règle plutôt que ceux qui la subissent. Une approche (...) tournée vers la pratique pourrait, de cette façon, conduire à une théorie du droit plus ouverte et, d’une certaine façon, moins idéologique ou sectaire. C’est – comme le défend cet article – le programme ou mieux la promesse que l’on trouve dans l’ouvrage principal de Hart, le Concept de droit. Cet article tente de rendre cette promesse plus transparente sans toutefois dissimuler les difficultés de sa stratégie narrative et argumentative. (shrink)

This is a one page handout, which draws attention to subtle adaptations that H.L.A. Hart makes regarding material from Henry Sidgwick, when he debates with Rawls and appeals to Sidgwick's objections to the priority of liberty. These adaptations challenge the impression that Rawls should have known better.

Cette contribution propose une analyse comparée de la manière dont Bernard de Fontenelle, pour l’Académie des sciences de Paris, et Samuel Formey, pour l’Académie des sciences et des belles-lettres de Berlin, théorisent le rôle et le mode de fonctionnement des académies, ainsi que leur inscription dans la catégorie générale d’histoire de l’esprit humain. Cela permet de montrer comment leur fonction épistémologique est en étroite relation avec le statut politique qui leur est conféré.

Cette contribution propose une analyse comparée de la manière dont Bernard de Fontenelle, pour l’Académie des sciences de Paris, et Samuel Formey, pour l’Académie des sciences et des belles-lettres de Berlin, théorisent le rôle et le mode de fonctionnement des académies, ainsi que leur inscription dans la catégorie générale d’histoire de l’esprit humain. Cela permet de montrer comment leur fonction épistémologique est en étroite relation avec le statut politique qui leur est conféré.

This article challenges the association between realist methodology and ideals of legitimacy. Many who seek a more “realistic” or “political” approach to political theory replace the familiar orientation towards a state of justice with a structurally similar orientation towards a state of legitimacy. As a result, they fail to provide more reliable practical guidance, and wrongly displace radical demands. Rather than orienting action towards any state of affairs, I suggest that a more practically useful approach to political theory would directly (...) address judgments, by comparing the concrete possibilities for action faced by real political actors. (shrink)

We sometimes fail unwittingly to do things that we ought to do. And we are, from time to time, culpable for these unwitting omissions. We provide an outline of a theory of responsibility for unwitting omissions. We emphasize two distinctive ideas: (i) many unwitting omissions can be understood as failures of appropriate vigilance, and; (ii) the sort of self-control implicated in these failures of appropriate vigilance is valuable. We argue that the norms that govern vigilance and the value of self-control (...) explain culpability for unwitting omissions. (shrink)

According to Aristotle, the medical art aims at health, which is a virtue of the body, and does so in an unlimited way. Consequently, medicine does not determine the extent to which health should be pursued, and “mental health” falls under medicine only via pros hen predication. Because medicine is inherently oriented to its end, it produces health in accordance with its nature and disease contrary to its nature—even when disease is good for the patient. Aristotle’s politician understands that this (...) inherent orientation can be systematically distorted, and so would see the need for something like the Hippocratic Oath. (shrink)

I provide a theory of the metaphysical foundations of identity: an account what grounds facts of the form a=b. In particular, I defend the claim that indiscernibility grounds identity. This is typically rejected because it is viciously circular; plausible assumptions about the logic of ground entail that the fact that a=b partially grounds itself. The theory I defend is immune to this circularity.

Recent years have witnessed growing controversy over the “wisdom of the multitude.” As epistemic critics drawing on vast empirical evidence have cast doubt on the political competence of ordinary citizens, epistemic democrats have offered a defense of democracy grounded largely in analogies and formal results. So far, I argue, the critics have been more convincing. Nevertheless, democracy can be defended on instrumental grounds, and this article demonstrates an alternative approach. Instead of implausibly upholding the epistemic reliability of average voters, I (...) observe that competitive elections, universal suffrage, and discretionary state power disable certain potent mechanisms of elite entrenchment. By reserving particular forms of power for the multitude of ordinary citizens, they make democratic states more resistant to dangerous forms of capture than non-democratic alternatives. My approach thus offers a robust defense of electoral democracy, yet cautions against expecting too much from it—motivating a thicker conception of democracy, writ large. (shrink)

Fragmentalism was originally introduced as a new A-theory of time. It was further refined and discussed, and different developments of the original insight have been proposed. In a celebrated paper, Jonathan Simon contends that fragmentalism delivers a new realist account of the quantum state—which he calls conservative realism—according to which: the quantum state is a complete description of a physical system, the quantum state is grounded in its terms, and the superposition terms are themselves grounded in local goings-on about the (...) system in question. We will argue that fragmentalism, at least along the lines proposed by Simon, does not offer a new, satisfactory realistic account of the quantum state. This raises the question about whether there are some other viable forms of quantum fragmentalism. (shrink)

This paper examines the interplay of semantics and pragmatics within the domain of film. Films are made up of individual shots strung together in sequences over time. Though each shot is disconnected from the next, combinations of shots still convey coherent stories that take place in continuous space and time. How is this possible? The semantic view of film holds that film coherence is achieved in part through a kind of film language, a set of conventions which govern the relationships (...) between shots. In this paper, we develop and defend a new version of the semantic view. We articulate it for a pair of conventions that govern spatial relations between viewpoints. One such rule is already well-known; sometimes called the "180° Rule," we term it the X-Constraint; to this we add a previously unrecorded rule, the T-Constraint. As we show, both have the effect, in different ways, of limiting the way that viewpoint can shift through space from shot to shot over the course of a film sequence. Such constraints, we contend, are analogous to relations of discourse coherence that are widely recognized in the linguistic domain. If film is to have a language, it is a language made up of rules like these. (shrink)

Most democratic theorists agree that concentrations of wealth and power tend to distort the functioning of democracy and ought to be countered wherever possible. Deliberative democrats are no exception: though not its only potential value, the capacity of deliberation to ‘neutralise power’ is often regarded as ‘fundamental’ to deliberative theory. Power may be neutralised, according to many deliberative democrats, if citizens can be induced to commit more fully to the deliberative resolution of common problems. If they do, they will be (...) unable to get away with inconsistencies and bad or private reasons, thereby mitigating the illegitimate influence of power. I argue, however, that the means by which power inflects political disagreement is far more subtle than this model suggests and cannot be countered so simply. As a wealth of recent research in political psychology demonstrates, human beings persistently exhibit ‘motivated reasoning’, meaning that even when we are sincerely committed to the deliberative resolution of common problems, and even when we are exposed to the same reasons and evidence, we still disagree strongly about what ‘fair cooperation’ entails. Motivated reasoning can be counteracted, but only under exceptional circumstances such as those that enable modern science, which cannot be reliably replicated in our society at large. My analysis suggests that in democratic politics – which rules out the kind of anti-democratic practices available to scientists – we should not expect deliberation to reliably neutralise power. (shrink)

In this paper, we focus on whether and to what extent we judge that people are responsible for the consequences of their forgetfulness. We ran a series of behavioral studies to measure judgments of responsibility for the consequences of forgetfulness. Our results show that we are disposed to hold others responsible for some of their forgetfulness. The level of stress that the forgetful agent is under modulates judgments of responsibility, though the level of care that the agent exhibits toward performing (...) the forgotten action does not. We argue that this result has important implications for a long-running debate about the nature of responsible agency. (shrink)

Judgments of blame for others are typically sensitive to what an agent knows and desires. However, when people act negligently, they do not know what they are doing and do not desire the outcomes of their negligence. How, then, do people attribute blame for negligent wrongdoing? We propose that people attribute blame for negligent wrongdoing based on perceived mental control, or the degree to which an agent guides their thoughts and attention over time. To acquire information about others’ mental control, (...) people self-project their own perceived mental control to anchor third-personal judgments about mental control and concomitant responsibility for negligent wrongdoing. In four experiments (N = 841), we tested whether perceptions of mental control drive third-personal judgments of blame for negligent wrongdoing. Study 1 showed that the ease with which people can counterfactually imagine an individual being non-negligent mediated the relationship between judgments of control and blame. Studies 2a and 2b indicated that perceived mental control has a strong effect on judgments of blame for negligent wrongdoing and that first-personal judgments of mental control are moderately correlated with third-personal judgments of blame for negligent wrongdoing. Finally, we used an autobiographical memory manipulation in Study 3 to make personal episodes of forgetfulness salient. Participants for whom past personal episodes of forgetfulness were made salient judged negligent wrongdoers less harshly compared to a control group for whom past episodes of negligence were not salient. Collectively, these findings suggest that first-personal judgments of mental control drive third-personal judgments of blame for negligent wrongdoing and indicate a novel role for counterfactual thinking in the attribution of responsibility. (shrink)

The Gamer’s Dilemma consists of three intuitively plausible but conflicting assertions: (i) Virtual murder is morally permissible. (ii) Virtual child molestation is morally forbidden. (iii) There is no relevant moral difference between virtual murder and virtual child molestation in computer games. Numerous attempts to resolve (or dissolve) the Gamer’s Dilemma line the field of computer game ethics. Mostly, the phenomenon is approached using expressivist argumentation: Reprehensible virtual actions express something immoral in their performance but are not immoral by themselves. Consequentialists, (...) on the other hand, claim that the immorality of virtual actions arises from their harmful consequences. I argue that both approaches have serious difficulties meeting the moral challenge posed by the Gamer’s Dilemma. They tend to confuse the morality of in-game actions either with the morality of their real-world counterparts or with the morality of games as objects. Following this critical analysis, I will develop a Kantian argument and defend it against two objections. So far, deontological responses to the Gamer’s Dilemma have been sought in vain. Yet, with Kant, its moral challenge can be met by looking at the gamer’s reasons. From this perspective, the Gamer’s Dilemma is based on a false assumption: the moral status of gaming acts does not derive from a normative equation with their real-world counterparts but only from their justifications. (shrink)

Can an AGI create a more intelligent AGI? Under idealized assumptions, for a certain theoretical type of intelligence, our answer is: “Not without outside help”. This is a paper on the mathematical structure of AGI populations when parent AGIs create child AGIs. We argue that such populations satisfy a certain biological law. Motivated by observations of sexual reproduction in seemingly-asexual species, the Knight-Darwin Law states that it is impossible for one organism to asexually produce another, which asexually produces another, and (...) so on forever: that any sequence of organisms (each one a child of the previous) must contain occasional multi-parent organisms, or must terminate. By proving that a certain measure (arguably an intelligence measure) decreases when an idealized parent AGI single-handedly creates a child AGI, we argue that a similar Law holds for AGIs. (shrink)

Legg and Hutter, as well as subsequent authors, considered intelligent agents through the lens of interaction with reward-giving environments, attempting to assign numeric intelligence measures to such agents, with the guiding principle that a more intelligent agent should gain higher rewards from environments in some aggregate sense. In this paper, we consider a related question: rather than measure numeric intelligence of one Legg- Hutter agent, how can we compare the relative intelligence of two Legg-Hutter agents? We propose an elegant answer (...) based on the following insight: we can view Legg-Hutter agents as candidates in an election, whose voters are environments, letting each environment vote (via its rewards) which agent (if either) is more intelligent. This leads to an abstract family of comparators simple enough that we can prove some structural theorems about them. It is an open question whether these structural theorems apply to more practical intelligence measures. (shrink)

Discussions of Aristotle’s Metaphysics Z tend to treat it either as an independent treatise on substance and essence or as preliminary to the main conclusions of the Metaphysics. I argue instead that Z is central to Aristotle’s project of first philosophy in the Metaphysics: the first philosopher seeks the first causes of being qua being, especially substances, and in Z, Aristotle establishes that essences or forms are the first causes of being of perceptible substances. I also argue that the centrality (...) of Z to first philosophy is compatible with its status as theology. (shrink)