This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

Leo Katz, Bad Acts and Guilty Minds: Conundrums of the Criminal Law Chicago and London: The University of Chicago Press, 1987, vii + 343 pp.

This chapter contains sections titled: The Varieties of Law and Literature Law and Fiction Hermeneutics Law as Narrative References.

The author is a legal and moral philosopher who has applied the insight and methods of Wittgenstein to a range of topics in constitutional law, criminal law and theories of justice. This collection aims to offer his most important and influential essays, together with an introductory essay which reviews and develops his contribution to legal and moral philosophy.

In response to arguments made by Professors Levvis, Patterson and Eisele, I attempt to clarify a few of the main themes of my book, Law's Premises, Law's Promise. Professor Levvis’ paper gives me the opportunity to contrast the status of propositions held true by disputants in legal debate with propositions held fast as bedrock convictions about the nature of reality and experience. Professor Patterson's arguments allow me to show how legal decision making as a deliberative or interpretative practice rests, as (...) all practices do, on a foundation of shared understanding (of mutually “knowing one's way about”). And Professor Eisele's remarks stimulate a discussion of the relation of conceptual analysis and the analysis of practices. (shrink)

I examine one theme within Tom Morawetz's complex jurisprudential work (stemming from Wittgenstein): the concept of a practice. After considering this theme in some detail, I then sketch a different jurisprudential approach that still proceeds within the inspiration of Wittgenstein's later philosophy. Here, I summarise Stanley Cavell's elaborate recounting of Wittgenstein's twin concepts, “criteria” and “grammar.” In a third and final section, I employ this alternative method to provide a brief example of how a Wittgensteinian approach might be made (...) towards explicating and understanding Holmes’ classic claim regarding the need in jurisprudence to separate legal and moral concepts. (shrink)

Thomas Eisele explores the premise that the Socratic method of inquiry need not teach only negative lessons. Instead, Eisele contends, the Socratic method is cyclical: we start negatively by recognizing our illusions, but end positively through a process of recollection performed in response to our disillusionment, which ultimately leads to renewal. Thus, a positive lesson about our resources as philosophical investigators, as students and teachers, becomes available to participants in Socrates' robust conversational inquiry. __Bitter Knowledge __includes Eisele's detailed readings (...) of Socrates' teaching techniques in three fundamental Platonic dialogues, _Protagoras, Meno_, and _Theaetetus_, as well as his engagement with contemporary authorities such as Gregory Vlastos, Martha Nussbaum, and Stanley Cavell. Written in a highly engaging and accessible style, this book will appeal to students and scholars in philosophy, classics, law, rhetoric, and education. "This book is original, fresh, and of very high quality, opening up these Platonic texts, central to Western culture, in new ways. In addition, it establishes a method that others can use and apply to the other dialogues. It would be a wonderful text to assign in courses in philosophy, basic humanities, education, and law." --_James Boyd White, University of Michigan_ "Through his thoughtful and incisive readings of Plato, Thomas Eisele puts Socrates in a new light. In Eisele's hands, Socrates offers us a method not simply for philosophy but for the challenges of life and mind. This superb book builds on the great readings of Plato, adding to the richness of our understanding of the enigmatic figure of Socrates. These are profound readings of Plato." --_Dennis Patterson, Rutgers University School of Law_ "Eisele's book is much more than an erudite, seductive, and imaginative exploration of three central Platonic dialogues. It is also a fine general treatment of philosophy, discussing the kind of finality or closure to which philosophical questions are susceptible and the appropriate stance of the inquirer. It considers the pedagogy of philosophy and law brilliantly." --_Thomas Morawetz, University of Connecticut School of Law_. (shrink)

Wittgenstein's distinction between understanding and interpretation is fundamental to the account of meaning in _Philosophical Investigations. In his discussion of rule-following, Wittgenstein explicitly rejects the idea that understanding or grasping a rule is a matter of interpretation. Wittgenstein explains meaning and rule-following in terms of action, rejecting both realist and Cartesian accounts of the mental. I argue that in his effort to employ Wittgenstein's views on meaning and rule-following, Professor Morawetz embraces the position Wittgenstein rejects. In the course of (...) making his case for law as a "deliberative practice", Professor Morawetz embraces interpretation as a fundamental element of human practices, thereby taking up precisely the view Wittgenstein rejects. (shrink)

Drawing deeply from Wittgenstein's later works, Thomas Morawetz has articulated a vision of legal decision making according to which it is not a defect, but inherent in the very nature of law, for there to be disagreement among judges regarding their legal decision‐making strategies. Central to Morawetz's account is the notion of a legal grammatical proposition. This essay argues that because legal grammatical remarks lack any truth‐value, they cannot play a justificatory role. This would imply that the (...) rule of law is no more justifiable than the violent alternatives used by anarchists and religious fanatics. (shrink)

In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.

This volume brings together for the first time a significant number of Reid's manuscript papers on natural history, physiology and materialist metaphysics. An important contribution not only to Reid studies but also to our understanding of eighteenth-century science and its context.

Thomas Reid was a philosopher who founded the Scottish school of 'common sense'. Much of Reid's work is a critique of his contemporary, David Hume, whose empiricism he rejects. In this work, written after Reid's appointment to a professorship at the university of Glasgow, and published in 1785, he turns his attention to ideas about perception, memory, conception, abstraction, judgement, reasoning and taste. He examines the work of his predecessors and contemporaries, arguing that 'when we find philosophers maintaining that (...) there is no heat in the fire, nor colour in the rainbow … we may be apt to think the whole to be only a dream of fanciful men, who have entangled themselves in cobwebs spun out of their own brain'. Written by one of the Scottish Enlightenment's most important thinkers, this work brings to life the intellectual debates of the time. (shrink)

Thomas Aquinas produced a voluminous body of work on moral theory, and much of that work is on virtue, particularly the status and value of the virtues as principles of virtuous acts, and the way in which a moral life can be organized around them schematically. Thomas Osborne presents Aquinas's account of virtue in its historical, philosophical and theological contexts, to show the reader what Aquinas himself wished to teach about virtue. His discussion makes the complexities of Aquinas's (...) moral thought accessible to readers despite the differences between Thomas's texts themselves, and the distance between our background assumptions and his. The book will be valuable for scholars and students in ethics, medieval philosophy, and theology. (shrink)

There has been an explosion of interest in the metaphysics of fundamentality in recent decades. The consensus view, called metaphysical foundationalism, maintains that there is something absolutely fundamental in reality upon which everything else depends. However, a number of thinkers have chal- lenged the arguments in favor of foundationalism and have proposed competing non-foundationalist ontologies. This paper provides a systematic and critical introduction to metaphysical foundationalism in the current literature and argues that its relation to ontological dependence and substance should (...) be qualified in important ways. (shrink)

In a recent paper Weinberg (2007) claims that there is an essential mark of trustworthiness which typical sources of evidence as perception or memory have, but philosophical intuitions lack, namely that we are able to detect and correct errors produced by these “hopeful” sources. In my paper I will argue that being a hopeful source isn't necessary for providing us with evidence. I then will show that, given some plausible background assumptions, intuitions at least come close to being hopeful, if (...) they are reliable. If this is true, Weinberg's new challenge comes down to the claim that philosophical intuitions are not reliable since they are significantly unstable. In the second part of my paper I will argue that and why the experimentally established instability of folk intuitions about philosophical cases does not show that philosopher's expert intuitions about these cases are instable. (shrink)

I critically examine some deflationary theories of properties, according to which properties are ‘shadows of predicates’ and quantification over them serves a mere quasi-logical function. I start by considering Hofweber’s internalist theory, and pose a problem for his account of inexpressible properties. I then introduce a theory of properties that closely resembles Horwich’s minimalist theory of truth. This theory overcomes the problem of inexpressible properties, but its formulation presupposes the existence of various kinds of abstract objects. I discuss some ways (...) to reduce these existence assumptions, but ultimately suggest that deflationists can hardly avoid quantification over abstract objects of one sort or another. I conclude that property deflationism is perhaps not as deflationary as some philosophers want it to be, but that it’s still apt to call the position ‘deflationary’. (shrink)

Looking back on it, it seems almost incredible that so many equally educated, equally sincere compatriots and contemporaries, all drawing from the same limited stock of evidence, should have reached so many totally different conclusions---and always with complete certainty.

Issues concerning patients' rights are at the center of bioethics, but the political basis for these rights has rarely been examined. In Bioethics in a Liberal Society: The Political Framework of Bioethics Decision Making , Thomas May offers a compelling analysis of how the political context of liberal constitutional democracy shapes the rights and obligations of both patients and health care professionals. May focuses on how a key feature of liberal society -- namely, an individual's right to make independent (...) decisions -- has an impact on the most important relational facets of health care, such as patients' autonomy and professionals' rights of conscience. Although a liberal political framework protects individual judgments, May asserts that this right is based on the assumption of an individual's competency to make sound decisions. May uses case studies to examine society's approach to medical decision making when, for reasons ranging from age to severe mental disorder, a person lacks sufficient competency to make independent and fully informed choices. To protect the autonomy of these vulnerable patients, May emphasizes the need for health care ethics committees and ethics consultants to help guide the decision-making process in clinical settings. Bioethics in a Liberal Society is essential reading for all those interested in understanding how bioethics is practiced within our society. (shrink)

T. H. Green's Prolegomena to Ethics is a classic of modern philosophy. It begins with Green's idealist attack on empiricist metaphysics and epistemology and develops a perfectionist ethical theory that aims to bring together the best elements in the ancient and modern traditions, and that provides the moral foundations for Green's own distinctive brand of liberalism. David Brink's new edition will restore this great work to prominence, after two decades in which it has been hard to obtain. The present edition (...) uses the text of the fifth edition, accompanied by a new introductory essay, bibliographical essay, and index. Translations are provided for Green's quotations from other languages. Of particular importance is the editor's extended introductory essay, which situates the Prolegomena in its intellectual context, sympathetically but critically engages its main themes, and explains Green's enduring significance for the history of philosophy and contemporary ethical theory. Students and scholars of the history of ethics, ethical theory, political philosophy, and nineteenth century philosophy will find this new edition an invaluable resource. (shrink)

This paper presents a new approach to the class-theoretic paradoxes. In the first part of the paper, I will distinguish classes from sets, describe the function of class talk, and present several reasons for postulating type-free classes. This involves applications to the problem of unrestricted quantification, reduction of properties, natural language semantics, and the epistemology of mathematics. In the second part of the paper, I will present some axioms for type-free classes. My approach is loosely based on the Gödel–Russell idea (...) of limited ranges of significance. It is shown how to derive the second-order Dedekind–Peano axioms within that theory. I conclude by discussing whether the theory can be used as a solution to the problem of unrestricted quantification. In an appendix, I prove the consistency of the class theory relative to Zermelo–Fraenkel set theory. (shrink)

With Jan Degenaar and Kevin O’Regan’s (D&O) critique of (what they call) ‘autopoietic enactivism’ as point of departure, this article seeks to revisit, refine, and develop phenomenology’s significance for the enactive view. Arguing that D&O’s ‘sensorimotor theory’ fails to do justice to perceptual meaning, the article unfolds by (1) connecting this meaning to the notion of enaction as a meaningful co-definition of perceiver and perceived, (2) recounting phenomenological reasons for conceiving of the perceiving subject as a living body, and (3) (...) showing how the phenomenological perspective does a better job at fulfilling D&O’s requirement for grounding notions of mentality in ‘outer’ criteria than they do. The picture that thus emerges is one of perceptual meaning as an integration of lived, living, and behavioral aspects – a structure of behavior that cannot be captured by appeal to sensorimotor capacities alone but that is adequately illuminated by the enactive notion of adaptive autonomy. (shrink)