In Law's Empire Prof. Ronald Dworkin has advanced a new theory of law, complex and intriguing. He calls it law as integrity. But in some ways the more radical and surprising claim he makes is that not only were previous legal philosophers mistaken about the nature of law, they were also mistaken about the nature of the philosophy of law or jurisprudence. Perhaps it is possible to summarize his main contentions on the nature of jurisprudence in three theses: First, jurisprudence (...) is interpretive: “General theories of law… aim to interpret the main point and structure of legal practice”. Second, legal philosophy cannot be a semantic account of the word “law.” Legal philosophers “cannot produce useful semantic theories of law”. Third, legal philosophy or jurisprudence “is the general part of adjudication, silent prologue to any decision at law”. (shrink)

My article is about legal interpretation, but not about the question: how to interpret the law. Rather its aim is to make us consider seriously the question: Why is interpretation central to legal practices? After all not all normative practices assign interpretation such a central role. In this regard the law contrasts with morality. The reason for the contrast has to do with the status of sources in the law. There are no “moral sources” while legal sources are central to (...) the law. Legal interpretation is primarily—I will suggest—the interpretation not of the law, but of its sources. To understand why interpretation is central to legal practices requires understanding the role of sources in the law: the reasons for having them, and hence also the ways in which they should be treated. I will show how reflections about these topics connect with some traditional jurisprudential puzzles, such as the relations between law and morality. Are there gaps in the law? Is the law or its interpretation objective or subjective? (shrink)

Ranging over central issues of morals and politics and the nature of freedom and authority, this study examines the role of value-neutrality, rights, equality, ...

The paper deals with the possibility of a theory of the nature of law as such, a theory which will be necessarily true of all law. It explores the relations between explanations of concepts and of the things they are concepts of, the possibility that the law has essential properties, and the possibility that the law changes its nature over time, and that what is law at a given place and time depends on the culture and concepts of that place (...) and time. It also considers the possibility of understanding the institutions, such as the law, of cultures whose concepts are alien to us. The position advocated offers a reconciliation of ways in which a theory of the nature of law is parochial with its claim to be universal. (shrink)

UNCLEAR as it is, the traditional doctrine that the notion "meaning" possesses the extension/intension ambiguity has certain typical consequences. The doctrine that the meaning of a term is a concept carried the implication that mean- ings are mental entities. Frege, however, rebelled against this "psy- chologism." Feeling that meanings are public property-that the same meaning can be "grasped" by more than one person and by persons at different times-he identified concepts (and hence "intensions" or meanings) with abstract entities rather than (...) mental entities. However, "grasping" these abstract entities was still an individual psychological act. None of these philosophers doubted that understanding a word (knowing its intension) was just a matter of being in a certain psychological state (somewhat in the way in which knowing how to factor numbers in one's head is just a mat- ter of being in a certain very complex psychological state). (shrink)

My article is about legal interpretation, but not about the question: how to interpret the law. Rather its aim is to make us consider seriously the question: Why is interpretation central to legal practices? After all not all normative practices assign interpretation such a central role. In this regard the law contrasts with morality. The reason for the contrast has to do with the status of sources in the law. There are no “moral sources” while legal sources are central to (...) the law. Legal interpretation is primarily—I will suggest—the interpretation not of the law, but of its sources. To understand why interpretation is central to legal practices requires understanding the role of sources in the law: the reasons for having them, and hence also the ways in which they should be treated. I will show how reflections about these topics connect with some traditional jurisprudential puzzles, such as the relations between law and morality. Are there gaps in the law? Is the law or its interpretation objective or subjective? (shrink)

Beginning with a historical overview of relativism, from Pythagoras in ancient Greece to Derrida and postmodernism, Maria Baghramian explores the resurgence of relativism throughout the history of philosophy. She then turns to the arguments for and against the many subdivisions of relativism, including Kuhn and Feyerabend's ideas of relativism in science, Rorty's relativism about truth, and the conceptual relativism of Quine and Putnam. Baghramian questions whether moral relativism leads to moral indifference or even nihilism, and whether feminist epistemology's concerns about (...) the very notion of objectivity can be considered a form of relativism. She concludes the relativism debate by assessing the recent criticisms such as Quine's argument from translation and Davidson's claim that even the motivations behind relativism are unintelligible. Finding these criticisms lacking, Baghramian proposes a moderate form of pluralism which addresses the legitimate worries that give rise to relativism without incurring charges of nihilism or anarchy. (shrink)

Relativism, roughly put, is the view that truth and falsity, right and wrong, standards of reasoning, and procedures of justification are products of differing conventions and frameworks of assessment and that their authority is confined to the context giving rise to them. More precisely, ‘relativism’ covers views which maintain that—at a level of high abstraction—at least some class of things have properties they have not simpliciter, but only relative to a given framework of assessment, and correspondingly, that the truth of (...) claims attributing these properties holds only once the relevant framework of assessment is specified or supplied. Relativists characteristically insist, furthermore, that if something is only relatively so, then there can be no framework-independent vantage point from which the matter of whether the thing in question is so can be established. Relativism has been, in its various guises, both one of the most popular and most reviled philosophical doctrines of our time. Defenders see it as a harbinger of tolerance and the only ethical and epistemic stance worthy of the open-minded and tolerant. Detractors dismiss it for its alleged incoherence and uncritical intellectual permissiveness. Debates about relativism permeate the whole spectrum of philosophical sub-disciplines. From ethics to epistemology, science to religion, political theory to ontology, theories of meaning and even logic, philosophy has felt the need to respond to this heady and seemingly subversive idea. Discussions of relativism often also invoke considerations relevant to the very nature and methodology of philosophy and to the division between the so-called ‘analytic and continental’ camps in philosophy. And yet, despite a long history of debate going back to Plato and a still developing large body of writing, it is still difficult to come to an agreed definition of what, at its core, relativism is, and what philosophical import it has. This entry attempts to provide a broad account of the many ways in which ‘relativism’ has been defined, explained, defended and criticized. (shrink)

The problem I have in mind is the problem of the possible justification of subjecting one's will to that of another, and of the normative standing of demands to do so. The account of authority that I offered, many years ago, under the title of the service conception of authority, addressed this issue, and assumed that all other problems regarding authority are subsumed under it. Many found the account implausible. It is thin, relying on very few ideas. It may well (...) appear to be too thin, and to depart too far from many of the ideas that have gained currency in the history of reflection on authority. The present article modifies some aspects the account, and defends it against some criticism made against it. (shrink)