This essay attempts to give substance to the claim that the liar''sparadox shows the truth predicate to be context sensitive. The aim ismodest: to provide an account of the truth predicate''s contextsensitivity (1) that derives from a more general understanding ofcontext sensitivity, (2) that does not depend upon a hierarchy ofpredicates and (3) that is able to address the liar''s paradox. Theconsequences of achieving this goal are not modest, though. Perhapssurprisingly, for reasons that will be discussed in the last section (...) ofthis essay, a natural account of the truth predicate''s contextsensitivity appears to lead naturally to a version of the correspondencetheory of truth according to which the truth predicate can be understoodas a relation holding between a sentence and a salient set of contexts.The plan of this essay is as follows. Section 1 contains a generalaccount of context sensitivity. The purpose of this section is toisolate certain features of context sensitivity and formal methods oftreating them, which we will then apply to the truth predicate. Section 2then outlines two minimal conditions to be satisfied by a truthpredicate. In Section 3, I present a version of the liar paradoxthat results from these conditions and the assumption that the truthpredicate is not context sensitive in the sense described in sectionone. Finally, in section four, I provide what appear to be naturalconsequences of a truth predicate''s context sensitivity. Section 4 isadmittedly speculative and points in the direction for future research. (shrink)
This paper develops a classical model for our ordinary use of the truth predicate (1) that is able to address the liar's paradox and (2) that satisfies a very strong version of deflationism. Since the model is a classical in the sense that it has no truth value gaps, the model is able to address Tarski's indictment of our ordinary use of the predicate as inconsistent. Moreover, since it is able to address the liar's paradox, it responds to arguments against (...) deflationism based upon that paradox alone. The model is based upon a notion of the complexity of propositions that a fixed set of speakers might express. A context-sensitive definition of the truth predicate is then provided based upon a class of possible worlds defined in terms of these speakers. Reasonable constraints on the memories and lifetimes of ordinary speakers are used to limit the set of propositions that they might express so that deflationist requirements are satisfied. (shrink)
Contemporary theory is increasingly concerned with macro-micro integration. An attempt is made to integrate these levels of analysis in Durkheim's theory of egoistic suicide. Does Durkheim's theory, which is a social system analysis designed to explain differences in suicide rates between groups, have micro implications for specifying which particular individuals within the group will take their lives? In attempting to answer this question by exploring the causal linkages between integration and suicide, Durkheim's theory of egoistic suicide was revealed not to (...) be a singular theory but rather contained several different explanations. The numerous interpretations have resulted from his incompletely specified, inconsistent, unsystematized, and inadequately tested theory. These ambiguities also account for the historically inconsistent research findings that have limited sociologists' ability to advance beyond Durkheim's century-old formulations. Further areas for new research and illustrative hypothesis are suggested. (shrink)
This paper examines the ontological commitments of the second-order language of arithmetic and argues that they do not extend beyond the first-order language. Then, building on an argument by George Boolos, we develop a Tarski-style definition of a truth predicate for the second-order language of arithmetic that does not involve the assignment of sets to second-order variables but rather uses the same class of assignments standardly used in a definition for the first-order language.
In this paper, we empirically explore some manifestations of norms for the conduct of science. We focus on scientific research ethics and report survey results from 606 scientists who received funding in 1993 and 1994 from the Division of Molecular and Cellular Biology of the Biology Directorate of the National Science Foundation. We also report results for 91 administrators charged with overseeing research integrity at the scientists’ research institutions. Both groups of respondents were presented with a set of scenarios, designed (...) by fractional factorial methods, describing different kinds of scientific conduct that in the eyes of some would likely be unethical. Respondents then were asked to evaluate each of these scenarios for how unethical the behavior might be and what kinds of sanctions might be appropriate. We use the responses to consider the nature of consensus around norms related to the practice of science and in particular, similarities and differences between scientists and science administrators. Implications for policy are also discussed. (shrink)
This article joins the debate over institutional change with two propositions. First, all institutions are syncretic, that is, they are composed of an indeterminate number of features, which are decomposable and recombinable in unpredictable ways. Second, action within institutions is always potentially creative, that is, actors draw on a wide variety of cultural and institutional resources to create novel combinations. We call this approach to institutions creative syncretism. This article is in three parts. The first shows how existing accounts of (...) institutional change, which are rooted in structuralism, produce excess complexity and render the most important sources and results of change invisible. We argue that in order to ground the theory of creative syncretism we need a more phenomenological approach, which explains how people live institutional rules. We find that grounding in John Dewey’s pragmatist theory of habit. The second part of the article explains Dewey and shows how the theory of habit can ground an experiential account of institutional rules. The third part presents a field guide to creative syncretism. It uses an experiential approach to provide novel insights on three problems that have occupied institutionalist research: periodization in American political development, convergence among advanced capitalist democracies, and institutional change in developing countries. (shrink)
It is often argued that the rule of law is only instrumentally morally valuable, valuable when and to the extent that a legal system is used to purse morally valuable ends. In this paper, I defend Lon Fuller’s view that the rule of law has conditional non-instrumental as well as instrumental moral value. I argue, along Fullerian lines, that the rule of law is conditionally non-instrumentally valuable in virtue of the way a legal system structures political relationships. The rule of (...) law specifies a set of requirements which lawmakers must respect if they are to govern legally. As such, the rule of law restricts the illegal or extra-legal use of power. When a society rules by law, there are clear rules articulating the behavior appropriate for citizens and officials. Such rules ideally determine the particular contours political relationships will take. When the requirements of the rule of law are respected, the political relationships structured by the legal system constitutively express the moral values of reciprocity and respect for autonomy. The rule of law is instrumentally valuable, I argue, because in practice the rule of law limits the kind of injustice which governments pursue. There is in practice a deeper connection between ruling by law and the pursuit of moral ends than advocates of the standard view recognize. The next part of this paper outlines Lon Fuller’s conception of the rule of law and his explanation of its moral value. The third.. (shrink)
Lon Fuller is best known among legal philosophers for his efforts to highlight the intrinsically moral nature of law. To show that his efforts come to nought, the present essay ponders not only the ideas advanced by Fuller himself, but also some of the defences of him that have been mounted in recent years. Those defences centre on his notion of reciprocity, according to which the officials in a genuine legal system have effectively undertaken to respect die confines of the (...) mandates which they ask citizens (including themselves) to obey. Building on that notion, the supporters of Fuller have affirmed that the basic characteristics of law are intrinsically promotive of values such as autonomy and due process. As the present essay seeks to demonstrate, their sophisticated lines of argument turn out to be unavailing. (shrink)
Highlighting the distinct approaches to behavior guidance employed by law and aspirational religious institutions like Buddhism, focusing on the work of Lon Fuller. There is importance to both baseline or duty-centered rules such as found primarily in criminal law and deontic morality, as well as aspirational guidance principles that are found in religious law, virtue ethics, and sometimes seen in civil law. However, the specific assumptions and aims of these two modes of guidance must be harmonized to be effective.
This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.
This is the penultimate draft of a paper originally presented at the Hart-Fuller at 50 conference, held at the NYU Law School in February 2008. A revised version will appear in the NYU Law Review. The paper seeks to clarify and assess HLA Hart's famous claim that legal positivism somehow involves a 'separation of law and morals.' The paper contends that Hart's 'separability thesis should not be confused with the 'social thesis,' with the 'sources thesis,' or with a methodological thesis (...) about jurisprudence. Hart's thesis denies the existence of necessary (conceptual) connections between law and morality. But that thesis is false: there are many necessary connections between law and morality, some of them conceptually significant. Among these is an important negative connection: law is of its nature morally fallible and morally risky. Lon Fuller emphasised the 'internal morality of law,' the 'morality that makes law possible'. Hart stressed that there is also an immorality that law makes possible. Law's nature is seen not only in its internal virtues, in legality, but also in its internal vices, in legalism. (shrink)
HLA Hart and Joseph Raz are usually interpreted as being fundamentally opposed to Lon Fullerâ€™s argument in The Morality of Law that the principles of the rule of law are of moral value. Hart and Raz are thought to make the â€˜instrumental objectionâ€™, which says that these principles are of no moral value because they are actually principles derived from reflection on how to best allow the law to guide behaviour. Recently, many theorists have come to Fullerâ€™s defence against Hart (...) and Raz, refuting the â€˜instrumental objectionâ€™ and affirming the non-instrumental moral value of conformity to the principles of legality. This article argues that although this moral value should be affirmed, the orthodox view is incorrect, because Hart and Raz never understood their arguments about the instrumental or â€˜purposiveâ€™ value of the principles of legality as denials of their moral value, as a close reading of their work shows. (shrink)