This book offers an advanced introduction to central questions in legal philosophy. What factors determine the content of the law in force? What makes a normative system a legal system? How does law beyond the state differ from domestic law? What kind of moral force does law have? The most important existing views are introduced, but the aim is not to survey the existing literature. Rather, this book introduces the subject by stepping back from the fray to sketch the big (...) picture, to show just what is at stake in these old debates. Legal philosophy has become somewhat arid and inward looking. In part this is because the disagreement between the main camps on the important questions is apparently intractable. The main aim of the book is to suggest both a diagnosis and a proper practical response to this situation of intractable disagreement about questions that do matter. (shrink)

This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to ...

Robert B. Brandom is one of the most original philosophers of our day, whose book Making It Explicit covered and extended a vast range of topics in metaphysics, epistemology, and philosophy of language--the very core of analytic philosophy. This new work provides an approachable introduction to the complex system that Making It Explicit mapped out. A tour of the earlier book's large ideas and relevant details, Articulating Reasons offers an easy entry into two of the main themes of Brandom's work: (...) the idea that the semantic content of a sentence is determined by the norms governing inferences to and from it, and the idea that the distinctive function of logical vocabulary is to let us make our tacit inferential commitments explicit. Brandom's work, making the move from representationalism to inferentialism, constitutes a near-Copernican shift in the philosophy of language--and the most important single development in the field in recent decades. Articulating Reasons puts this accomplishment within reach of nonphilosophers who want to understand the state of the foundations of semantics. Table of Contents: Introduction 1. Semantic Inferentialism and Logical Expressivism 2. Action, Norms, and Practical Reasoning 3. Insights and Blindspots of Reliabilism 4. What Are Singular Terms, and Why Are There Any? 5. A Social Route from Reasoning to Representing 6. Objectivity and the Normative Fine Structure of Rationality Notes Index Displaying a sovereign command of the intricate discussion in the analytic philosophy of language, Brandom manages successfully to carry out a program within the philosophy of language that has already been sketched by others, without losing sight of the vision inspiring the enterprise in the important details of his investigation ' Using the tools of a complex theory of language, Brandom succeeds in describing convincingly the practices in which the reason and autonomy of subjects capable of speech and action are expressed. --J'rgen Habermas. (shrink)

That law is coercive is something we all more or less take for granted. It is an assumption so rooted in our ways of thinking that it is taken as a given of social reality, an uncontroversial datum. Because it is so regarded, it is infrequently stated, and when it is, it is stated without any hint of possible complications or qualifications. I will call this the “prereflective view,” and I want to examine it with the care it deserves.

Part I The Imperative Mood 'Virtue, then, is a disposition governing our choices '. ARISTOTLE, Eth. Nic. 36 Prescriptive Language. ...

An impressive case has been built for the hypothesis that knowledge is the norm of assertion, otherwise known as the knowledge account of assertion. According to the knowledge account, you should assert something only if you know that it’s true. A wealth of observational data supports the knowledge account, and some recent empirical results lend further, indirect support. But the knowledge account has not yet been tested directly. This paper fills that gap by reporting the results of such a test. (...) The knowledge account passes with flying colors. (shrink)

Jason Stanley presents a startling and provocative claim about knowledge: that whether or not someone knows a proposition at a given time is in part determined by his or her practical interests, i.e. by how much is at stake for that person at that time. In defending this thesis, Stanley introduces readers to a number of strategies for resolving philosophical paradox, making the book essential not just for specialists in epistemology but for all philosophers interested in philosophical methodology. Since a (...) number of his strategies appeal to linguistic evidence, it will be of great interest to linguists as well. (shrink)

Jason Stanley's "Knowledge and Practical Interests" is a brilliant book, combining insights about knowledge with a careful examination of how recent views in epistemology fit with the best of recent linguistic semantics. Although I am largely convinced by Stanley's objections to epistemic contextualism, I will try in what follows to formulate a version that might have some prospect of escaping his powerful critique.

Moral Realism is a systematic defence of the idea that there are objective moral standards. Russ Shafer-Landau argues that there are moral principles that are true independently of what anyone, anywhere, happens to think of them. His central thesis, as well as the many novel supporting arguments used to defend it, will spark much controversy among those concerned with the foundations of ethics.

Hilary Putnam; XV*—Pragmatism, Proceedings of the Aristotelian Society, Volume 95, Issue 1, 1 June 1995, Pages 291–306, https://doi.org/10.1093/aristotelian/95.

Cognitivism is the view that the primary function of moral judgements is to express beliefs that purport to say how things are; expressivism is the contrasting view that their primary function is to express some desire-like state of mind. I shall consider what I call the freshman objection to expressivism. It is pretty uncontroversial that this objection rests on simple misunderstandings. There are nevertheless interesting metaethical lessons to learn from the fact that the freshman objection is prevalent among undergraduates and (...) non-philosophers. It leaves for expressivists two awkward explanatory tasks. Number one is that of explaining why natural selection – which, by expressivism's own lights, favoured moral thought and talk because of their socially useful regulative and coordinating functions – did not favour a stance that would make moral thought and talk more effective in fulfilling these functions. Number two is that of explaining how moral thought and talk survive in cultural evolution, despite the prevalence of the freshman objection and related worries. I conclude that expressivism as a theory of actual moral discourse rather than a revisionist theory is either false or committed to an implausible error theory, according to which ordinary speakers are systematically mistaken about what they are up to when they make moral judgements. (shrink)

It is a truism that humans are social animals. Thus, it is no surprise that we understand the world, each other, and ourselves in terms of social kinds such as money and marriage, war and women, capitalists and cartels, races, recessions, and refugees. Social kinds condition our expectations, inform our preferences, and guide our behavior. Despite the prevalence and importance of social kinds, philosophy has historically devoted relatively little attention to them. With few exceptions, philosophers have given pride of place (...) to the kinds studied by the natural sciences, especially physics. However, philosophical interest in social kinds is growing in recent years. I critically examine answers to a cluster of related questions concerning the metaphysics of social kinds. Are social kinds natural kinds? Do social kinds have essences? Are social kinds mind dependent? Are social kinds real? (shrink)

What is truth? Michael Lynch defends a bold new answer to this question. Traditional theories of truth hold that truth has only a single uniform nature. All truths are true in the same way. More recent deflationary theories claim that truth has no nature at all; the concept of truth is of no real philosophical importance. In this concise and clearly written book, Lynch argues that we should reject both these extremes and hold that truth is a functional property. To (...) understand truth we must understand what it does, its function in our cognitive economy. Once we understand that, we'll see that this function can be performed in more than one way. And that in turn opens the door to an appealing pluralism: beliefs about the concrete physical world needn't be true in the same way as our thoughts about matters -- like morality -- where the human stain is deepest. (shrink)

Legal philosophers have been preoccupied with specifying the differences between two systems of normative guidance that are omnipresent in all modern human societies: law and morality. Positivists propose a solution to this ‘Demarcation Problem’ according to which the legal validity of a norm cannot depend on its being morally valid, either in all or at least some possible legal systems. The proposed analysis purports to specify the essential and necessary features of law in virtue of which this is true. Yet, (...) the concept of law is an ‘artefact concept’, that is, a concept that picks out a phenomenon that necessarily owes its existence to human activities intended to create it. Artefact concepts, even simple ones like ‘chair’, are notoriously resistant to analyses in terms of their essential attributes, precisely because they are hostages to human ends and purposes, and also cannot be individuated by their natural properties. Twentieth-century philosophy of science dealt with a kindred Demarcation Problem: how to demarcate epistemically reliable forms of inquiry from epistemically unreliable ones, that is, how to demarcate science from pseudo-science or nonsense. Like the legal philosophers, they sought to identify the essential properties of a human artefact (namely, science). They failed, and spectacularly so, which led some philosophers to wonder, ‘Why does solving the Demarcation Problem matter?’ This essay develops the lessons for legal philosophy from this episode and its philosophical aftermath, and concludes that, in order not to become embroiled in pointless Fullerian speculations about the effects of jurisprudential doctrines on behaviour, we should abandon the Demarcation Problem in jurisprudence. (shrink)

It is widely held that in Plato's Sophist, Forms rest or change or both. The received opinion is, however, false—or so I will argue. There is no direct support for it in the text and several passages tell against it. I will further argue that, contrary to the view of some scholars, Plato did not in this dialogue advocate a kind of change recognizable as 'Cambridge change', as applicable to his Forms. The reason that Forms neither change nor rest is (...) that they are purely intelligible entities, not susceptible to changing or being at rest. Since Plato continues in the Sophist to treat Forms as causes, it follows that Forms are changeless causes. I ask what conception of cause might allow for this view, and reject the suggestion that Plato was some kind of proto-dispositionalist about causation. Instead I suggest that he understood causation to incorporate a notion of structuring, such that Forms can be seen to structure their participants and so cause them to possess the attributes they possess. (shrink)

Hilary Kornblith argues for a naturalistic approach to investigating knowledge. Knowledge, he explains, is a feature of the natural world, and so should be investigated using scientific methods. He offers an account of knowledge derived from the science of animal behavior, and defends this against its philosophical rivals. This controversial and refreshingly original book offers philosophers a new way to do epistemology.

There is a line of reasoning in metaepistemology that is congenial to naturalism and hard to resist, yet ultimately misguided: that knowledge might be a natural kind, and that this would undermine the use of conceptual analysis in the theory of knowledge. In this paper, I first bring out various problems with Hilary Kornblith’s argument from the causal–explanatory indispensability of knowledge to the natural kindhood of knowledge. I then criticize the argument from the natural kindhood of knowledge against the method (...) of conceptual analysis in the theory of knowledge. A natural motivation for this argument is the following seemingly plausible principle: if knowledge is a natural kind, then the concept of knowledge is a natural kind concept. Since this principle lacks adequate support, the crucial semantic claim that the concept of knowledge is a natural kind concept must be defended in some more direct way. However, there are two striking epistemic disanalogies between the concept of knowledge and paradigmatic natural kind concepts that militate against this semantic claim. Conceptual analyses of knowledge are not affected by total error, and the proponents of such analyses are not subject to a priori conceptual obliviousness. I conclude that the argument from natural kindhood does not succeed in undermining the use of conceptual analysis in the theory of knowledge. (shrink)

One of the most conspicuous features of law, as it works in the world of our experience, is that legal norms are characteristically backed by coercive enforcement mechanisms. Nevertheless, many legal philosophers specializing in conceptual jurisprudence believe that coercion is not a conceptually necessary feature of law. In this essay, I argue that the authorization of coercive enforcement mechanisms is a conceptually necessary feature of law. I ground the argument in the Hartian claim that the sense of ‘law’ requiring explication (...) picks out municipal legal systems in the modern state; widely accepted Razian claims about how our legal practices construct the content of our legal concepts; claims showing the centrality of coercive enforcement mechanisms in every paradigm instance of law we have ever known; and logical difficulties arising in connection with explaining legal normativity in a system without such mechanisms. (shrink)

Knowledge and Lotteries is organized around an epistemological puzzle: in many cases, we seem consistently inclined to deny that we know a certain class of propositions, while crediting ourselves with knowledge of propositions that imply them. In its starkest form, the puzzle is this: we do not think we know that a given lottery ticket will be a loser, yet we normally count ourselves as knowing all sorts of ordinary things that entail that its holder will not suddenly acquire a (...) large fortune. After providing a number of specific and general characterizations of the puzzle, Hawthorne carefully examines the competing merits of candidate solutions. In so doing, he explores a number of central questions concerning the nature and importance of knowledge, including the relationship of knowledge to assertion and practical reasoning, the status of epistemic closure principles, the merits of various brands of scepticism, the prospects for a contextualist account of knowledge, and the potential for other sorts of salience-sensitive accounts. Along the way, he offers a careful treatment of pertinent issues at the foundations of semantics. His book will be of interest to anyone working in the field of epistemology, as well as to philosophers of language. (shrink)

We citizens of the 21st century live in a world where division of epistemic labour rules. Most of what we know we learned from the spoken or written word of others, and we depend in endless practical ways on the technological fruits of the dispersed knowledge of others—of which we often know almost nothing—in virtually every moment of our lives. Interest has been growing in recent years amongst philosophers, in the issues in epistemology raised by this fact. One issue concerns (...) the depth and extent of our epistemic dependence on testimony, as we may label this broad epistemic source: Do we have any knowledge at all that is free of epistemic dependence on what we have learned from others? A related question is whether our entitlement to believe what we have learned from others can be explained without invoking any epistemic principles special to testimony. These questions concern, as it were, the macro-epistemology of testimony. In the present discussion I shall focus instead on the micro foundations. Testimony, in our broad sense, can occur through an extensive range of types of spoken and written means of purportedly factual communication, including telephone calls, e-mails and personal letters, lectures and radio broadcasts, newspapers, textbooks and encyclopaedias, personal diaries, and public records of all kinds. But the central paradigm—what started the whole communication thing off—is surely that of face-to-face spoken encounter, when one person tells something to another, thereby intending and hoping to share her knowledge with her audience. I begin by describing the speech act of telling, identifying what takes place in a felicitous act of telling. From the nature of the speech act of telling, we see precisely how it is that knowledge is, when all goes as it should, acquired from teller by trusting hearer, in such an act, and in acts of testimony more broadly. (shrink)

Sanford C. Goldberg presents a novel account of the speech act of assertion. He argues that this type of speech act is answerable to an epistemic, context-sensitive norm. On this basis he shows the philosophical importance of assertion for key debates in philosophy of language and mind, epistemology, and ethics.

If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer (...) the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic. (shrink)

David Enoch develops, argues for, and defends a strongly realist and objectivist view of ethics and normativity more broadly. This view--according to which there are perfectly objective, universal, moral and other normative truths that are not in any way reducible to other, natural truths--is familiar, but this book is the first in-detail development of the positive motivations for the view into reasonably precise arguments. And when the book turns to defend Robust Realism against traditional objections, it mobilizes the original positive (...) arguments for the view to help with fending off the objections. (shrink)

Frank Jackson champions the cause of conceptual analysis as central to philosophical inquiry. In recent years conceptual analysis has been undervalued and widely misunderstood, suggests Jackson. He argues that such analysis is mistakenly clouded in mystery, preventing a whole range of important questions from being productively addressed. He anchors his argument in discussions of specific philosophical issues, starting with the metaphysical doctrine of physicalism and moving on, via free will, meaning, personal identity, motion, and change, to ethics and the philosophy (...) of color. In this way the book not only offers a methodological program for philosophy, but also casts new light on some much-debated problems and their interrelations. (shrink)