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)

The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...) Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)

Since Socrates, and through Descartes to the present day, the problems of self-knowledge have been central to philosophy's understanding of itself. Today the idea of ''first-person authority''--the claim of a distinctive relation each person has toward his or her own mental life--has been challenged from a number of directions, to the point where many doubt the person bears any distinctive relation to his or her own mental life, let alone a privileged one. In Authority and Estrangement, Richard Moran argues for (...) a reconception of the first-person and its claims. Indeed, he writes, a more thorough repudiation of the idea of privileged inner observation leads to a deeper appreciation of the systematic differences between self-knowledge and the knowledge of others, differences that are both irreducible and constitutive of the very concept and life of the person. Masterfully blending philosophy of mind and moral psychology, Moran develops a view of self-knowledge that concentrates on the self as agent rather than spectator. He argues that while each person does speak for his own thought and feeling with a distinctive authority, that very authority is tied just as much to the disprivileging of the first-person, to its specific possibilities of alienation. Drawing on certain themes from Wittgenstein, Sartre, and others, the book explores the extent to which what we say about ourselves is a matter of discovery or of creation, the difficulties and limitations in being ''objective'' toward ourselves, and the conflicting demands of realism about oneself and responsibility for oneself. What emerges is a strikingly original and psychologically nuanced exploration of the contrasting ideals of relations to oneself and relations to others. (shrink)

A number of recent accounts of our first-person knowledge of our attitudes give a central role to transparency - our capacity to answer the question of whether we have an attitude by answering the question of whether to have it. In this paper I raise a problem for such accounts, by showing that there are clear cases of first-person knowledge of attitudes which are not transparent.

In the subsequent pages, I want to develop a distinction between wanting and valuing which will enable the familiar view of freedom to make sense of the notion of an unfree action. The contention will be that, in the case of actions that are unfree, the agent is unable to get what he most wants, or values, and this inability is due to his own "motivational system." In this case the obstruction to the action that he most wants to do (...) is his own will. It is in this respect that the action is unfree: the agent is obstructed in and by the very performance of the action. (shrink)

In this paper, I propose an account of self-knowledge for desires. According to this account, we form beliefs about our own desires on the basis of our grounds for those desires. First, I distinguish several types of desires and their corresponding grounds. Next, I make the case that we usually believe that we have a certain desire on the basis of our grounds for it. Then, I argue that a belief formed thus is epistemically privileged. Finally, I compare this account (...) to two other similar accounts of self-knowledge. (shrink)

This paper addresses the question "In virtue of what do practical reasons have normative force or justificatory power?" There seems to be good reason to doubt that desires are the source of normativity. However, I argue that the reasons to be suspicious of desire-based accounts of normativity can be overcome by a sufficiently sophisticated account. The position I defend in this paper is one according to which desires, or more generally, proattitudes, do constitute values and provide rational justifications of actions (...) when they are organized in the right way. (shrink)

Derek Parfit, in On What Matters, argues that all subjective accounts of normative reasons for action are false. This chapter focuses on his “Agony Argument.” The first premise of the Agony Argument is that we necessarily have current reasons to avoid our own future agony. Its second premise is that subjective accounts cannot vindicate this fact. So, the argument concludes, subjective accounts must be rejected. This chapter accepts the first premise of this argument and that it is valid. The main (...) thesis of this chapter is that subjectivists can account for our reasons to get pleasure and avoid agony. The chapter concludes that the Agony Argument does not justify the rejection of subjective accounts. The chapter also examines Parfit's understanding of the distinction between objective and subjective theories. The chapter claims Parfit offers a surprisingly narrow understanding of subjectivism such that even if his critique were successful, this would be bad news for fewer theories than we might have thought. Finally, the chapter replies to some possible worries about the arguments of this chapter. (shrink)

The idea that there is such an analytic connection will hardly come as news. It amounts to no more and no less than an endorsement of the claim that all reasons are 'internal', as opposed to 'external', to use Bernard Williams's terms (Williams 1980). Or, to put things in the way Christine Korsgaard favours, it amounts to an endorsement of the 'internalism requirement' on reasons (Korsgaard 1986). But how exactly is the internalism requirement to be understood? What does it tell (...) us about the nature of reasons? And where-in lies its appeal? My aim in this paper is to answer these ques- tions. (shrink)

This essay defends a strong version of the Humean theory of motivation on which desire is necessary both for motivation and for reasoning that changes our desires. Those who hold that moral judgments are beliefs with intrinsic motivational force need to oppose this view, and many of them have proposed counterexamples to it. Using a novel account of desire, this essay handles the proposed counterexamples in a way that shows the superiority of the Humean theory. The essay addresses the classic (...) objection that the Humean theory cannot explain the feeling of obligation, Stephen Darwall's example of motivationally potent reasoning that is not based on preexisting desires, Thomas Scanlon's criticism that the Humean theory fails to account for the structure and phenomenology of deliberation, and the phenomenon of akrasia as discussed by John Searle. In each case a Humean account explains the data at least as thoroughly as opposing views can, while fitting within a simpler total account of how we deliberate and act. (shrink)

Long claimed to be the dominant conception of practical reason, the Humean theory that reasons for action are instrumental, or explained by desires, is the basis for a range of worries about the objective prescriptivity of morality. As a result, it has come under intense attack in recent decades. A wide variety of arguments have been advanced which purport to show that it is false, or surprisingly, even that it is incoherent. Slaves of the Passions aims to set the record (...) straight, by advancing a version of the Humean theory of reasons which withstands this sophisticated array of objections. Schroeder defends a radical new view which, if correct, means that the commitments of the Humean theory have been widely misunderstood. Along the way, he raises and addresses questions about the fundamental structure of reasons, the nature of normative explanations, the aims of and challenges facing reductive views in metaethics, the weight of reasons, the nature of desire, moral epistemology, and most importantly, the relationship between agent-relational and agent-neutral reasons for action. (shrink)

Like much in this book, the title and dust jacket illustration are clever. The first evokes Hume's remark in the Treatise that ‘Reason is, and ought only to be the slave of the passions.’ The second, which represents a cross between a dance-step and a clinch, links up with the title and anticipates an example used throughout the book to support its central claims: that Ronnie, unlike Bradley, has a reason to go to a party – namely, that there will (...) be dancing at the party – because Ronnie, unlike Bradley, loves dancing. So, the explanation of why Ronnie's and Bradley's reasons differ lies in their respective psychologies.Schroeder argues for a version of the Humean Theory of Reasons he calls Hypotheticalism, which says that every reason is explained by a desire in the same way as Ronnie's is. Schroeder argues that on almost every count, Hypotheticalism is as good as, or preferable to, the Humean and non-Humean alternatives; and he defends it against an array of objections. For example, he explains that while Hypotheticalism claims that ‘desires have to serve in the explanation of every reason because desires are part of the correct analysis of reasons’, it does not claim that a desire that explains a reason is part of that reason: rather it is a background condition for it. This, Schroeder argues, allows him to rebut a variety of objections that depend on conflating reasons with their background conditions. Other …. (shrink)

[A]ny theory of practical rationality must explain— or explain away—the following: Rational: In many cases, what it is rational (in some sense) for one to do or intend to do depends on what one desires. [...] I argue that in order to capture the rational significance of desire, we need to consider both its content and its force, on analogy to the rational significance of both the force and content of beliefs and perceptual experiences. This will open up a new (...) and more elegant way of explaining Rational, while also allowing us to understand how our desires provide us with a basic form of normative experience. Thus, in the end, this will provide the basis for a novel defense of the ancient thesis that desire, in some sense, presents its object under the “guise of the good.”. (shrink)

Since Socrates, and through Descartes to the present day, the problems of self-knowledge have been central to philosophy's understanding of itself. Today the idea of ''first-person authority''--the claim of a distinctive relation each person has toward his or her own mental life--has been challenged from a number of directions, to the point where many doubt the person bears any distinctive relation to his or her own mental life, let alone a privileged one. In Authority and Estrangement, Richard Moran argues for (...) a reconception of the first-person and its claims. Indeed, he writes, a more thorough repudiation of the idea of privileged inner observation leads to a deeper appreciation of the systematic differences between self-knowledge and the knowledge of others, differences that are both irreducible and constitutive of the very concept and life of the person.Masterfully blending philosophy of mind and moral psychology, Moran develops a view of self-knowledge that concentrates on the self as agent rather than spectator. He argues that while each person does speak for his own thought and feeling with a distinctive authority, that very authority is tied just as much to the disprivileging of the first-person, to its specific possibilities of alienation. Drawing on certain themes from Wittgenstein, Sartre, and others, the book explores the extent to which what we say about ourselves is a matter of discovery or of creation, the difficulties and limitations in being ''objective'' toward ourselves, and the conflicting demands of realism about oneself and responsibility for oneself. What emerges is a strikingly original and psychologically nuanced exploration of the contrasting ideals of relations to oneself and relations to others. (shrink)

First published in 1962, contains the William James Lectures delivered at Harvard University in 1955. It sets out Austin's conclusions in the field to which he directed his main efforts for at least the last ten years of his life. Starting from an exhaustive examination of his already well- known distinction of performative utterances from statements, Austin here finally abandons that distinction, replacing it by a more general theory of 'illocutionary forces' of utterances which has important bearings on a wide (...) variety of philosophical problems. (shrink)

What, if anything, has faith to do with intention? By ‘faith’ I have in mind the attitude described by William James: Suppose … that I am climbing in the Alps, and have had the illluck to work myself into a position from which the only escape is by a terrible leap. Being without similar experience, I have no evidence of my ability to perform it successfully; but hope and confidence in myself make me sure I shall not miss my aim, (...) and nerve my feet to execute what without those subjective emotions would perhaps have been impossible. But suppose that, on the contrary, the emotions of fear and mistrust preponderate; or suppose that…I feel it would be sinful to act upon an assumption unverified by previous experience,—why, then I shall hesitate so long that at last, exhausted and trembling, and launching myself in a moment of despair, I miss my foothold and roll into the abyss.… There are then cases where faith creates its own verification. Believe, and you shall be right, for you shall save yourself; doubt, and you shall again be right, for you shall perish. (shrink)

One of the attractions of the Humean instrumentalist theory of practical rationality is that it appears to offer a special connection between an agent's reasons and her motivation. The assumption that Humeanism is able to assert a strong connection between reason and motivation has been challenged, most notably by Christine Korsgaard. She argues that Humeanism is not special in the connection it allows to motivation. On the contrary, Humean theories of practical rationality do connect reasons and motivation in a unique (...) and attractive way, though the nature of this connection has sometimes been misunderstood by both defenders and detractors of the theory. (shrink)

Neo-Humean instrumentalists hold that anagent's reasons for acting are grounded in theagent's desires. Numerous objections have beenleveled against this view, but the mostcompelling concerns the problem of ``aliendesires'' – desires with which the agent doesnot identify. The standard version ofneo-Humeanism holds that these desires, likeany others, generate reasons for acting. Avariant of neo-Humeanism that grounds anagent's reasons on her values, rather than allof her desires, avoids this implication, but atthe cost of denying that we have reasons to acton innocent whims. (...) A version of neo-Humeanismthat holds that an agent has reason to satisfyall of her desires that are not in conflictwith her values appears to allow us to grantthe reason-giving force of innocent whims whiledenying the reason-giving force of alien desires. (shrink)

Can quite different values be rationally weighed against one another? Can the value of one thing always be ranked as greater than, equal to, or less than the value of something else? If the answer to these questions is no, then in what areas do we find commensurability and comparability unavailable? And what are the implications for moral and legal decision making? This book struggles with these questions, and arrives at distinctly different answers.".

Understanding value in terms of fitting attitudes is all the rage these days. According to this fitting attitude analysis of value (FA-analysis for short) what is good is what it is fitting to favour in some sense. Many aspects of the FA-analysis have been discussed. In particular, a lot of discussion has been concerned with the wrong-reason objection: it can be fitting to have an attitude towards something for reasons that have nothing to do with the value the thing has (...) in itself. Much less attention has been paid to the problem of identifying the relevant attitudes in virtue of which value is supposed to be defined. An old complaint, however, is that the FA-analysis is bound to be circular, because the fitting attitude is best seen as an evaluative judgement or an evaluative experience. In this paper, I am arguing that the challenge to find a non-circular account is deepened by the fact that on many popular non-evaluative understandings of favouring, there are good states of affairs that it is never fitting to favour, because it is logically impossible or irrational to favour them. I will also show that the remaining candidate of favouring, 'imaginative emotional feeling', will generate a new version of the wrong-reason objection if it is put to use in the FA-account. I shall conclude that the prospects of finding a non-circular FA-analysis look bleak. (shrink)

We are purposive agents; but we—adult humans in a broadly modern world—are more than that. We are reflective about our motivation. We form prior plans and policies that organize our activity over time. And we see ourselves as agents who persist over time and who begin, develop, and then complete temporally extended activities and projects. Any reasonably complete theory of human action will need in some way to advert to this trio of features—to our reflectiveness, our planfulness, and our conception (...) of our agency as temporally extended. These are, further, features that have great significance for the kinds of lives we can live. For these two reasons I will say that these are among the core features of human agency. A theory of human action needs to say what these core features consist in and how they are related to each other. And such a theory needs also to clarify the relation between these core features of our agency and the possibility that we are fully embedded in an event causal order. (shrink)

We are purposive agents; but we—adult humans in a broadly modern world—are more than that. We are reflective about our motivation. We form prior plans and policies that organize our activity over time. And we see ourselves as agents who persist over time and who begin, develop, and then complete temporally extended activities and projects. Any reasonably complete theory of human action will need in some way to advert to this trio of features—to our reflectiveness, our planfulness, and our conception (...) of our agency as temporally extended. These are, further, features that have great significance for the kinds of lives we can live. For these two reasons I will say that these are among the core features of human agency. A theory of human action needs to say what these core features consist in and how they are related to each other. And such a theory needs also to clarify the relation between these core features of our agency and the possibility that we are fully embedded in an event causal order. (shrink)

Byrne offers a novel interpretation of the idea that the mind is transparent to its possessor, and that one knows one’s own mind by looking out at the world. This paper argues that his attempts to extend this picture of self-knowledge force him to sacrifice the theoretical parsimony he presents as the primary virtue of his account. The paper concludes by discussing two general problems transparency accounts of self-knowledge must address.