In teaching jurisprudence, I typically distinguish between two different families of theories of adjudication—theories of how judges do or should decide cases. “Formalist” theories claim that the law is “rationally” determinate, that is, the class of legitimate legal reasons available for a judge to offer in support of his or her decision justifies one and only one outcome either in all cases or in some significant and contested range of cases ; and adjudication is thus “autonomous” from other kinds of (...) reasoning, that is, the judge can reach the required decision without recourse to nonlegal normative considerations of morality or political philosophy. I also note that “formalism” is sometimes associated with the idea that judicial decision-making involves nothing more than mechanical deduction on the model of the syllogism—Beccaria, for example, expresses such a view. I call the latter “Vulgar Formalism” to emphasize that it is not a view to which anyone today cares to subscribe. (shrink)

Cet article explore la place et les activités cultuelles des femmes juives dans la France du Nord et surtout dans l’Allemagne des xiiie et xive siècles. La place centrale de la synagogue dans la vie juive des communautés ashkénazes au Moyen Âge incite à retracer le rôle qu’y tenaient les femmes et à évaluer leur participation rituelle. La démonstration est menée à partir de quatre études de cas. La première concerne les gestes cultuels de la fameuse Dulcea, épouse du rabbin (...) allemand R. Eleazar b. Judah. Sont étudiées ensuite les questions relatives à la présence des femmes menstruées dans les synagogues, à leur participation à la cérémonie de la circoncision et, enfin, à l’évolution des attitudes vis-à-vis des femmes donatrices. Fondé sur des sources liturgiques, archéologiques, halakhiques et poétiques, cet article montre à quel point les femmes étaient actives et présentes dans les synagogues du monde ashkénaze, et apporte des éléments de compréhension à une évolution, sensible à partir du xiiie siècle, qui vise à les séparer voire les marginaliser. (shrink)

“The Routledge [series] is designed to introduce students to classic works of philosophy. Brian Leiter’s Nietzsche on Morality does that, and much more. The book offers a complete commentary of On the Genealogy of Morality, but it also articulates a comprehensive and original interpretation of Nietzsche’s critique of morality. The product is an exceptionally clear and cohesive account of philosophical views known neither for their clarity nor their cohesiveness…. “The distinction, and the chief merit, of Leiter’s account is (...) its emphasis on the naturalism of Nietzsche’s approach to morality. Leiter may not quite be the first to portray Nietzsche as a naturalist, but his characterization of Nietzschean naturalism in connection with morality is the most systematic and compelling to date…. “In general, the book offers one of the most comprehensive and compelling interpretations of Nietzsche’s critique of morality…. With its distinctive emphasis on naturalistic themes, it forms a very significant contribution to the study of Nietzsche and is poised to become a work of reference in the field. Indeed, even the criticisms I have raised about this interpretation owe much to the exceptional clarity and cogency with which it is articulated.” --Bernard Reginster (Brown University), writing in Notre Dame Philosophical Review, January 2, 2003 (http://ndpr.icaap.org/content/archives/2003/1/reginster-leiter.html). (shrink)

Both an introduction to Nietzsche’s moral philosophy, and a sustained commentary on his most famous work, On the Genealogy of Morality, this book has become the most widely used and debated secondary source on these topics over the past dozen years. Many of Nietzsche’s most famous ideas - the "slave revolt" in morals, the attack on free will, perspectivism, "will to power" and the "ascetic ideal" - are clearly analyzed and explained. The first edition established the centrality of naturalism to (...) Nietzsche’s philosophy, generating a substantial scholarly literature to which Leiter responds in an important new Postscript. In addition, Leiter has revised and refreshed the book throughout, taking into account new scholarly literature, and revising or clarifying his treatment of such topics as the objectivity of value, epiphenomenalism and consciousness, and the possibility of "autonomous" agency. (shrink)

BRIAN LEITER; Is There An ‘American’ Jurisprudence?, Oxford Journal of Legal Studies, Volume 17, Issue 2, 1 July 1997, Pages 367–387, https://doi.org/10.1093/oj.

A remarkable number of Nietzsche's substantive moral psychological views have been borne out by evidence from the empirical sciences. Moral judgments are products of affects on Nietzsche's view, but the latter are in turn causally dependent upon more fundamental features of the individual. Nietzsche accepts a doctrine of types. The path is short from the acceptance of the Doctrine of Types to the acceptance of epiphenomenalism, as Leiter, and more recently, Riccardi argue. This chapter explains Nietzsche's phenomenological account of (...) willing, which serves as independent motivation for the view that Nietzsche denies the causal efficacy of conscious acts of willing. It also explores that in spite of an absence of volitional freedom, self‐control can be usefully understood on a strength‐model of motivational resources. The chapter concludes with a brief discussion of how Nietzsche, without employing the contemporary methods of empirical psychology, could nonetheless be such a prescient moral psychologist. (shrink)

Cet article explore la place et les activités cultuelles des femmes juives dans la France du Nord et surtout dans l’Allemagne des xiiie et xive siècles. La place centrale de la synagogue dans la vie juive des communautés ashkénazes au Moyen Âge incite à retracer le rôle qu’y tenaient les femmes et à évaluer leur participation rituelle. La démonstration est menée à partir de quatre études de cas. La première concerne les gestes cultuels de la fameuse Dulcea, épouse du rabbin (...) allemand R. Eleazar b. Judah. Sont étudiées ensuite les questions relatives à la présence des femmes menstruées dans les synagogues, à leur participation à la cérémonie de la circoncision et, enfin, à l’évolution des attitudes vis-à-vis des femmes donatrices. Fondé sur des sources liturgiques, archéologiques, halakhiques et poétiques, cet article montre à quel point les femmes étaient actives et présentes dans les synagogues du monde ashkénaze, et apporte des éléments de compréhension à une évolution, sensible à partir du xiiie siècle, qui vise à les séparer voire les marginaliser. (shrink)

Where does philosophy, the oldest academic subject, stand at the beginning of the new millennium? This remarkable volume brings together leading figures from most major branches of the discipline to offer answers. What remains of the "linguistic turn" in twentieth-century philosophy? How should moral philosophy respond to and incorporate developments in empirical psychology? Where might Continental and Anglophone feminist theory profitably interact? How has our understanding of ancient philosophy been affected by the emergence of analytic philosophy? Where does the mind-body (...) problem stand today? What role must value judgments play in science? Do Marx, Nietzsche, or Freud matter in the 21st century? These and many other questions at the cutting edge of the discipline are addressed by distinguished philosophers from Australia, Britain, Canada, and the United States. They aim not only to stimulate philosophical debate, but to introduce those in cognate disciplines--biology, classics, economics, history, law, linguistics, literary studies, mathematics, philosophy, physics, political science, psychology, among others--to what is happening in contemporary philosophy. In a substantial introduction, the editor gives an overview of the state of philosophy today and helps orient non-philosophers. List of Contributors Julia Annas: Ancient Philosophy for the Twenty-First Century Don Garrett: Philosophy and History in the History of Modern Philosophy Brian Leiter: The Hermeneutics of Suspicion: Recovering Marx, Nietzsche, and Freud Timothy Williamson: Past the Linguistic Turn? Jaegwon Kim: The Mind-Body Problem at Century's Turn David J. Chalmers: The Representational Character of Experience Alvin I. Goldman: The Need for Social Epistemology Philip Kitcher: The Ends of the Sciences Nancy Cartwright: From Causation to Explanation and Back Thomas Hurka: Normative Ethics: Back to the Future Peter Railton: Toward an Ethics that Inhabits the World Rae Langton: Projection and Objectification Philip Pettit: Existentialism, Quietism, and the Role of Philosophy. (shrink)

Brian Leiter draws on empirical psychology to defend a set of radical ideas from Nietzsche: there is no objectively true morality, there is no free will, no one is ever morally responsible, and our conscious thoughts play almost no significant role in our actions. Nietzsche emerges as not just a great philosopher but a prescient psychologist.

"--Christopher L. Eisgruber, Princeton University "This is a provocative and bracing essay, one that is bound to stimulate much discussion.

I am grateful to Alan Madry and Joel Richeimer for their intelligent and stimulating critique of my article “Heidegger and the Theory of Adjudication.” It is the most interesting commentary I have seen on the paper, and I have learned much from it. It may facilitate discussion, and advance debate, to state with some clarity where exactly we agree and disagree. I leave to the footnotes discussion of certain minor points where Madry and Richeimer are guilty of some critical overreaching.

Introduction: From legal realism to naturalized jurisprudence -- A note on legal indeterminacy -- Part I. American legal realism and its critics -- Rethinking legal realism: toward a naturalized jurisprudence (1997) -- Legal realism and legal positivism reconsidered (2001) -- Is there an "American" jurisprudence? (1997) -- Postscript to Part I: Interpreting legal realism -- Part II. Ways of naturalizing jurisprudence -- Legal realism, hard positivism, and the limits of conceptual analysis (1998, 2001) -- Why Quine is not a postmodernist (...) (1997) -- Beyond the Hart/Dworkin debate: the methodology problem in jurisprudence (2003) -- Part III. Naturalism, morality, and objectivity -- Moral facts and best explanations (2001) -- Objectivity, morality, and adjudication (2001) -- Law and objectivity (2002). (shrink)

This chapter offers a new interpretation of Nietzsche’s argument for moral skepticism, an argument that should be of independent philosophical interest as well. On this account, Nietzsche offers a version of the argument from moral disagreement, but, unlike familiar varieties, it does not purport to exploit anthropological reports about the moral views of exotic cultures, or even garden-variety conflicting moral intuitions about concrete cases. Nietzsche, instead, calls attention to the single most important and embarrassing fact about the history of moral (...) theorizing by philosophers over two millennia: namely, that no rational consensus has been secured on any substantive, foundational proposition about morality. Persistent and apparently intractable disagreement on foundational questions, of course, distinguishes moral theory from inquiry in the sciences and mathematics. According to Nietzsche, the best explanation for this disagreement is that, even though moral skepticism is true, philosophers can still construct valid dialectical justifications for moral claims because the premises of different justifications will answer to the psychological needs of at least some philosophers and thus be deemed true by some of them. The chapter concludes by considering various attempts to defuse this abductive argument for scepticism. (shrink)

The “terrible” existential truths about the human situation raise Schopenhauer's question: why continue living at all? Nietzsche's answer is that only viewed in terms of aesthetic values can life itself be “justified”. But how could the fact that life exemplifies aesthetic value restore our attachment to life in the face of these terrible existential truths? I suggest that there are two keys to understanding Nietzsche's answer: first, his assimilation of aesthetic pleasure to a kind of sublimated sexual pleasure; and second, (...) his psychological thesis that powerful affects neutralize pain, and thus can “seduce” the sufferer back to life. Life can supply the requisite kind of aesthetic pleasure only if it features what I call the “spectacle of genius,” the spectacle represented by the likes of Beethoven, Goethe, and Napoleon. Since such geniuses are not possible in a culture dominated by “morality”, the critique of morality is essential to the restoration of an affective attachment to life. (shrink)

A remarkable number of Nietzsche's substantive moral psychological views have been borne out by evidence from the empirical sciences. Moral judgments are products of affects on Nietzsche's view, but the latter are in turn causally dependent upon more fundamental features of the individual. Nietzsche accepts a doctrine of types. The path is short from the acceptance of the Doctrine of Types to the acceptance of epiphenomenalism, as Leiter, and more recently, Riccardi argue. This chapter explains Nietzsche's phenomenological account of (...) willing, which serves as independent motivation for the view that Nietzsche denies the causal efficacy of conscious acts of willing. It also explores that in spite of an absence of volitional freedom, self‐control can be usefully understood on a strength‐model of motivational resources. The chapter concludes with a brief discussion of how Nietzsche, without employing the contemporary methods of empirical psychology, could nonetheless be such a prescient moral psychologist. (shrink)

Do moral properties figure in the best explanatory account of the world? According to a popular realist argument, if they do, then they earn their ontological rights, for only properties that figure in the best explanation of experience are real properties. Although this realist strategy has been widely influential—not just in metaethics, but also in philosophy of mind and philosophy of science—no one has actually made the case that moral realism requires: namely, that moral facts really will figure in the (...) best explanatory picture of the world. This issue may have been neglected in part because the influential dialectic on moral explanations between philosophers Gilbert Harman and Nicholas Sturgeon has focused debate on whether moral facts figure in relevant explanations. Yet as others have noted, explanatory relevance is irrelevant when it comes to realism: after all, according to the popular realist argument, it is inference to the best explanation of experience that is supposed to confer ontological rights. I propose to ask, then, the relevant question about moral explanations: should we think that moral properties will figure in the best explanatory account of the world? (shrink)

Shapiro has recently argued that Dworkin posed a new objection to legal positivism in Law's Empire, to which positivists, he says, have not adequately responded. Positivists, the objection goes, have no satisfactory account of what Dworkin calls “theoretical disagreement” about law, that is, disagreement about “the grounds of law” or what positivists would call the criteria of legal validity. I agree with Shapiro that the critique is new, and disagree that it has not been met. Positivism can not offer an (...) explanation that preserves the “face value” of theoretical disagreements, because the only intelligible dispute about the criteria of legal validity is an empirical or “head count” dispute, i.e., a dispute about what judges are doing, and how many of them are doing it. Positivism, however, has two other explanations for theoretical disagreement, which “explain away” rather than preserve the “face value” disagreement. According to positivists, either theoretical disagreements are disingenuous, in the sense that the parties, consciously or unconsciously, are really trying to change the law, that is, they are trying to say, as Dworkin puts it, “what it should be” not “what the law is”; or they are simply in error, that is, they honestly think there is a fact of the matter about what the grounds of law are, and thus what the law is, in the context of their disagreement, but they are mistaken, because, in truth, there is no fact of the matter about the grounds of law in this instance precisely because there is no convergent practice of behavior among officials constituting a Rule of Recognition on this point. The “Disingenuity” and “Error Theory” accounts of theoretical disagreement are explored, with attention to the theoretical desiderata at stake in choosing between competing explanatory theories. Particular attention is given to the best explanation for Riggs v. Palmer in light of the actual historical context of the decision and other opinions by the Riggs judges in contemporaneous cases. (shrink)

Nietzsche is one of the most important and controversial thinkers in the history of philosophy. His writings on moral philosophy are amongst the most widely read works, both by philosophers and non-philosophers. Many of the ideas raised are both startling and disturbing, and have been the source of great contention. On the Genealogy of Morality is Nietzsche's most sustained and important contribution to moral philosophy, featuring many of the ideas for which he is best known, including the slave revolt in (...) morals; will to power; genealogy; and perspectivism. The Routledge Philosophy GuideBook to Nietzsche on Morality introduces the reader to these and other important Nietzschean themes patiently and clearly. It is the first book to examine the work in such a way, and will be a vital point of reference for any Nietzsche scholar, and essential reading for students coming to Nietzsche for the first time. (shrink)

The essay offers a philosophical reconstruction of Nietzsche’s theory of the will, focusing on (1) Nietzsche’s account of the phenomenology of “willing” an action, the experience we have which leads us (causally) to conceive of ourselves as exercising our will; (2) Nietzsche’s arguments that the experiences picked out by the phenomenology are not causally connected to the resulting action (at least not in a way sufficient to underwrite ascriptions of moral responsibility); and (3) Nietzsche’s account of the actual causal genesis (...) of action. Particular attention is given to passages from Daybreak, Beyond Good and Evil and Twilight of the Idols and a revised version of my earlier account of Nietzsche’s epiphenomenalism is defended. Finally, recent work in empirical psychology (Libet, Wegner) is shown to support Nietzsche’s skepticism that our “feeling” of will is a reliable guide to the causation of action. (shrink)

General jurisprudence-that branch of legal philosophy concerned with the nature of law and adjudication-has been relatively unaffected by the "naturalistic" strains so evident, for example, in the epistemology, philosophy of mind and moral philosophy of the past forty years. This paper sketches three ways in which naturalism might affect jurisprudential inquiry. The paper serves as a kind of precis of the main themes in my book NATURALIZING JURISPRUDENCE: ESSAYS ON AMERICAN LEGAL REALISM AND NATURALISM IN LEGAL PHILOSOPHY (Oxford University Press, (...) 2007). (shrink)

This volume capitalizes on a growth of interest in Nietzsche's work on morality from two sides -- from scholars of the history of philosophy and from ...

The latest volume in the Oxford Readings in Philosophy series, this work brings together some of the best and most influential recent philosophical scholarship on Nietzsche. Opening with a substantial introduction by John Richardson, it covers: Nietzsche's views on truth and knowledge, his 'doctrines' of the eternal recurrence and will to power, his distinction between Apollinian and Dionysian art, his critique of morality, his conceptions of agency and self-creation, and his genealogical method. For each of these issues, the papers show (...) Nietzsche's continuing philosophical importance. Giving a clear and accessible overview, while retaining an analytical philosophical approach throughout, this volume is essential reading for all students of Nietzsche. (shrink)

This essay offers an interpretation and partial defense of Nietzsche's idea that moralities and moral judgments are “sign-languages” or “symptoms” of our affects, that is, of our emotions or feelings. According to Nietzsche, as I reconstruct his view, moral judgments result from the interaction of two kinds of affective responses: first, a “basic affect” of inclination toward or aversion from certain acts, and then a further affective response to that basic affect. I argue that Nietzsche views basic affects asnoncognitive, that (...) is, as identifiable solely by how they feel to the subject who experiences the affect. By contrast, I suggest that meta-affects sometimes incorporate acognitivecomponent like belief. After showing how this account of moral judgment comports with a reading of Nietzsche's moral philosophy that I have offered in previous work, I conclude by adducing philosophical and empirical psychological reasons for thinking that Nietzsche's account of moral judgment is correct. (shrink)

Christian Emden has written an informative if sometimes philosophically frustrating book about Nietzsche’s engagement with both neo-Kantian philosophers 1 and the life sciences from the 1840s onward. Emden documents the preceding with an eye to shedding light not only on Nietzsche’s naturalism, on “what does it mean to ‘translate humanity back into nature’” as Nietzsche put it in BGE, but also on what Emden calls “the problem of normativity,” variously stated as how to “obtain an understanding of the sources of (...) normativity without appealing to normativity as a standard separate from the agency, affects... (shrink)

What constitutes a “good” life—not necessarily a morally good life, but a life that is good for the person who lived it? In response to this question of “well-being," philosophers have offered three significant answers: A good life is one in which a person can satisfy their desires (“Desire-Satisfaction” or “Preferentism”), one that includes certain good features (“Objectivism”), or one in which pleasurable states dominate or outweigh painful ones (“Hedonism”). To adjudicate among these competing theories, moral philosophers traditionally gather data (...) from thought experiments and intuition. In this chapter, we supplement that traditional approach with a pair of experimental studies that examine whether the three theories reflect laypeople’s intuitions about well-being. The empirical studies yield two primary findings. First, they provide evidence for lay "well-being pluralism": laypeople treat desire satisfaction, positive objective conditions, and happiness as all constitutive of well-being. Second, the studies provide evidence of "hedonic dominance": laypeople evaluate an individual’s happiness as more important to an individual’s overall well-being than desire satisfaction or objective conditions. (shrink)

Marx did not have a normative theory, that is, a theory that purported to justify, discursively and systematically, his normative opinions, to show them to be rationally obligatory or objectively valid. In this regard, Marx was obviously not alone: almost everyone, including those who lead what are widely regarded as exemplary ‘moral’ lives, decide and act on the basis of normative intuitions and inclinations that fall far short of a theory. Yet self-proclaimed Marxists like G. A. Cohen and Jurgen Habermas (...) have reintroduced a kind of normative theory into the Marxian tradition that Marx himself would have ridiculed. This essay defends Marx’s position and tries to explain the collapse of Western Marxism into bourgeois practical philosophy, i.e., philosophizing about what ought to be done that is unthreatening to capitalist relations of production. (shrink)

This article revisits the author’s influential account of Nietzche as a philosophical naturalist. It identifies the sources of Nietzsche’s position in the German naturalism of the mid-nineteenth century, in particular the work of Friedrich Lange. His naturalism is, however, “speculative” in that he postulates causal mechanisms not confirmed by science. Nietzsche’s ambition to explain morality naturalistically coexists with a “therapeutic” ambition to induce some readers to escape from morality. The article also addresses doubts that might arise against reading Nietzsche as (...) a naturalist. (shrink)

The “naturalistic turn” that has swept so many areas of philosophy over the past three decades has also had an impact in the last decade in legal philosophy. Methodological naturalists (M-naturalists) view philosophy as continuous with empirical inquiry in the sciences. Some M-naturalists want to replace conceptual and justificatory theories with empirical and descriptive theories; they take their inspiration from more-or-less Quinean arguments against conceptual analysis and foundationalist programs. Other M-naturalists retain the normative and regulative ambitions of traditional philosophy, but (...) emphasize that it is an empirical question what normative advice is actually useable and effective for creatures like us. Some M-naturalists are also.. (shrink)

Nietzsche famously proclaimed the “death of God,” but in so doing it was not God’s death that was really notable—Nietzsche assumes that most reflective, modern readers realize that “the belief in the Christian god has become unbelievable” —but the implications of that belief becoming unbelievable, namely, “how much must collapse now that this faith has been undermined,” in particular, “the whole of our European morality”. What is the connection between the death of God and the death of morality? I argue (...) that Nietzsche thinks the death of God will undermine the “moral egalitarianism” that is central to modern morality, in both its deontological and utilitarian forms. I offer an account of how Nietzsche sees the connection, arguing that no one has yet offered a nontheistic defense of moral egalitarianism. I conclude with some skeptical considerations about whether Nietzsche was right that atheism would, in fact, undermine morality. (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)

To say that the law is indeterminate is to say that the class of legal reasons is indeterminate. The Class, in turn, consists of four components: 1. Legitimate sources of law ; 2. Legitimate interpretive operations that can be performed on the sources in order to generate rules of law ; 3. Legitimate interpretive operations that can be performed on the facts of record in order to generate facts of legal significance ; and 4. Legitimate rational operations that can be (...) performed on facts and rules of law to finally yield particular decisions. (shrink)

(1995). Morality in the pejorative sense: On the logic of Nietzsche's critique of morality. British Journal for the History of Philosophy: Vol. 3, No. 1, pp. 113-145.