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)

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)

That certain paper bills have monetary value, that Vladimir Putin is the president of Russia, and that Prince Philip is the husband of Queen Elizabeth II: such facts are commonly called ‘institutional facts’. IFF are, by definition, facts that exist by virtue of collective recognition. The standard view or tacit belief is that such facts really exist. In this paper we argue, however, that they really do not—they really are just well-established illusions. We confront realism about IFF with six criteria (...) of existence, three established and three less so but highly intuitive. We argue that they all tell against the existence of IFF. An obvious objection to IFF non-realism is that since people’s behaviour clearly reflects the existence of IFF, denying their existence leaves an explanatory gap. We reject this argument by introducing a variant of the so-called ‘Thomas Theorem,’ which says that when people collectively recognize a fact as existing, they largely behave accordingly, regardless of whether that fact really exists or not. (shrink)

As is shown in the introduction of the book, the notion "illocutionary act" is used with quite a number of essentially different meanings; consequently, it is quite unclear what an "illocutionary act" is actually supposed to be. This problem is the starting point of the thesis. An argument is stated, to the effect that the introduction and use of scholarly terms like, for instance, "illocutionary act", or "performative sentence", is not entirely arbitrary. It is argued that technical terms should not (...) be re-defined without a reason, but in the absence of reasons to the contrary should be used in the way in which they have originally been introduced. This argument is applied to the notion "illocutionary act". John L. Austin is the one who introduced this notion. Consequently, his conception of these acts should be adopted unless there are good reasons to the contrary. Therefore the book provides a detailed analysis of Austin's account, and his original conception of these acts is reconstructed. The most popular alternative account of "illocutionary acts" is John R. Searle's. Therefore, secondly, the book provides an analysis of Searle's famous account of "illocutionary acts" - the first really detailed one available, including Searle's own work. It is shown that what Searle presents is in fact extremely sketchy, and can certainly not be viewed, as it often is, as an elaborated theory. It is further argued that the fundamental assumptions about language which Searle intends to illustrate with his account of "illocutionary acts" are mistaken, so that in general a theory following the lines Searle suggests is doomed to failure. Finally it is shown that Searle's account of "illocutionary acts", as far as it goes, is not an adequate adoption of the conception Austin introduced. Hence Searle's account is no reasonable alternative to Austin's account. (shrink)

It is essential to engage the public in conservation measures to conserve insects. We investigate the Protection Motivation Theory, as well as knowledge, attitudes, and sociodemographic variables as predictors of willingness to donate and actual donations to insect conservation for a representative German sample. The PMT subcomponents severity, self-efficacy, and response efficacy, as well as attitudes toward insects, income, and education level, significantly predicted WTD. In contrast, severity, response barriers, age, gender, and the WTD significantly influenced actual donations. Overall, components (...) of the PMT have high predictive power for both dependent variables. Our results suggest that an intention-behavior gap exists between the intention to donate and the actual donation toward insect conservation. Measures to increase WTD and actual donations for insect conservation are discussed. (shrink)

English translation of a lecture delivered by HLA Hart on 29 October 1979 at the Autonomous University of Madrid. For commentary on the provenance of the lecture and on the methodology of its translation, see Andrzej Grabowski, ‘The Missing Link in the Hart–Dworkin Debate’ 36 Oxford Journal of Legal Studies 476.

Margaret Gilbert presents the first full-length treatment of a central class of rights: demand-rights. To have such a right is to have the standing or authority to demand a particular action of another person. Gilbert argues that joint commitment is a ground of demand-rights, and gives joint commitment accounts of both agreements and promises.

The Speech act models of Searle and Bach/Hamish mistakenly reconstruct Austin's concept of "illocutionary act". In Austin's view, "illocutionary acts" are not pure acts of communication but social acts achieved by communicative behavior. Following Searle's "Speech Acts" and Strawson's "Intention and Convention in Speech Acts" today's speech act theory looks upon illocutionary acts as pure acts of communication, involving "conventionality" (in a certain sense) only as part of speaker's meaning. However, following Austin, to perform an illocutionary act is to bring (...) about conventional consequences which are not adequately dealt with in the speech act models of Searle and Bach/Hamish. (shrink)

This is a new release of the original 1949 edition.

GILBERT JEAN FACCARELLO (Paris, 1950) is professor of economics at Université Panthéon-Assas, Paris, and a member of the Triangle research centre (École Normale Supérieure de Lyon and CNRS). He is presently chair of the ESHET Council (European Society for the History of Economic Thought). He completed his doctoral research in economics at Université de Paris X Nanterre. He has previously taught at the Université de Paris-Dauphine, Université du Maine and École Normale Supérieure de Fontenay/Saint-Cloud (now École Normale Supérieure de Lyon). (...) He is a co-founder of The European Journal of the History of Economic Thought, which he co-edited for 20 years with J. L. Cardoso, Heinz D. Kurz, and A. Murphy. With Alain Béraud, he edited the Nouvelle histoire de la pensée économique (La Découverte, 3 volumes, 1992-2000) and, together with Heinz D. Kurz, he is presently editing a Handbook of the History of Economic Analysis (3 volumes, forthcoming with Edward Elgar). -/- EJPE interviewed Gilbert Faccarello about his research career in the history of economic thought, where he has focused especially on old and new classical and Marxian political economy, and French political economy during the 18th and 19th centuries. G. Faccarello discusses his interest not only in the logical structure and context of the economic ideas of past thinkers but also the links between economic thought, philosophy, and religion. (shrink)

Die meisten Ethik- und Philosophie-Lehrpläne sehen vor, dass Schüler/innen die Grundlagen der Moralphilosophie kennen und verstehen. Im vorliegenden Beitrag nennen und erläutern wir einige Probleme, die der Erreichung dieses Ziels entgegenstehen. Eines dieser Probleme – die Vermischung unterschiedlicher Fragen – illustrieren wir an einer konkreten Lehreinheit. Anschließend skizzieren wir schädliche Folgen dieses Problems und deuten mögliche Wege zu seiner Beseitigung an.

Life in Groups: How We Think, Feel, and Act Together comprises thirteen essays by the author relating to human life in groups, together with a substantial introduction and concluding discussion. The essays continue the development and application of the author’s perspective on collective beliefs, emotions, and actions, arguing that these and other central social phenomena are grounded in a joint commitment of the parties. This commitment unifies them, guides their actions going forward, and determines their relations to one another in (...) important ways. In particular, it grounds in each of the parties a set of rights and obligations of a particular kind. The introduction serves both to introduce joint commitment to those unfamiliar with it and to advance discussion in light of questions that have been raised. Several of the essays respond to comments on particular aspects of the author’s work. These include an essay that addresses some central questions about a joint commitment approach to the problem of political obligation. (shrink)

In this book noted theologian and ethicist Gilbert C. Meilaender examines how the field of bioethics has developed over the last quarter century and reconsiders some of its central concepts and arguments. Because the literature of bioethics has become increasingly less influenced by religious and theological concerns over the past three decades, it is Meilaender's specific aim to uncover and recapture the importance of theological reflection for current debates in bioethics. Meilaender suggests that the development of bioethics as a discipline (...) in its own right has not been entirely benign. He argues that an increasing focus on public policy has obscured the importance of background beliefs about human nature and destiny, and that without drawing attention to those beliefs one cannot fully see what is at stake in many bioethical debates. Rather than seeking a minimalist consensus, Meilaender explores ethical problems surrounding the end and beginning of life in order to uncover the "soul"-that is, some of the deeper issues within bioethics that need our attention. Abortion, the issue that so often lurks just beneath the surface of bioethical argument, is discussed in the final chapter. Throughout the book Meilaender emphasizes the "soul" of all these issues -questions about who we are and what we may become, and suggests that recapturing that soul will lead us to a new appreciation of the living body as the locus of personal presence. Ethicists, theologians, and bioethicists will appreciate Body, Soul, and Bioethics for redirecting bioethical discussion away from its current focus on public policy back toward questions of metaphysical and religious significance. (shrink)

A long-awaited translation on the philosophical relation between technology, the individual, and milieu of the living.

In Neither Beast Nor God, Gilbert Meilaender elaborates the philosophical, social, theological, and political implications of the question of dignity, and ...

Our cultural situation is to seek a moral form of self-constitution, rather than an ontological or epistemological foundation. Such a moral ground lies in the paradox of willing surrender of the will to do wrong or dysfunctional acts in order to enter temporally-extended processes of moral change. But the paradox of willing surrender of the will requires analysis. The propositional form of it cannot be sustained and must instead give way to willingness as an ongoing choice. The self-reflexivity of the (...) will with which we accomplish this turns out to be a core activity of human activity that seeks openness to moral growth through humility. The paper suggests that self-constitution in this manner this is what freedom is for us and is therefore the source of our hope. (shrink)

L'oeuvre du philosophe Paul Gilbert, jésuite belge professeur de métaphysique depuis vingt-cinq ans à l'Université Grégorienne, est considérable et mérite d'être mieux connue. Après avoir étudié les écrits de saint Anselme (Dire l'ineffable, 1984), Paul Gilbert a questionné la métaphysique classique, sous l'influence de la philosophie réflexive (La Simplicité du principe, 1994). Il a ensuite souligné les chances offertes à la réflexion fondamentale par l'analogie, thème classique mais oublié (La Patience d'être, 1996, et Sapere e sperare, 2003). Plus récemment, il (...) a abordé la question de la violence, ce mal- être si commun (Violence et compassion, 2009). En 1997 déjà, son travail a été récompensé du prix Cardinal Mercier de l'U.C.Louvain-la-Neuve. Durant de nombreuses années, Paul Gilbert a été professeur invité à l'Institut catholique de Paris. A l'occasion de son éméritat dans cette institution, un colloque y a été organisé. Dans leurs communications, S. Bonanni, Ph. Capelle-Dumont, S. D'Agostino, E. Gabellieri, J. de Gramont, 1. Malaguti, R. Repole et E. Tourpe reprennent et développent l'élaboration de la pensée de Paul Gilbert. Ce dernier fait écho à chacune d'elles et, dans un exposé final, retrace son propre itinéraire intellectuel. (shrink)

Gilbert Romeyer Dherbey, qui avait succédé à Pierre Aubenque à la chaire de philosophie antique de Paris IV, et qui a su maintenir très haut le rayonnement international du Centre de recherches sur la pensée antique, plus familièrement appelé Centre Léon Robin, n'est pas seulement un aristotélisant subtil et exigeant. Il a toujours refusé une pure érudition qui oublierait de se relier à une pensée philosophique. Et par là même, peut-être, il déborde le cadre strictement universitaire de la spécialisation, d'abord, (...) non seulement à l'intérieur du domaine grec, avec notamment son approche des présocratiques, mais surtout comme éditeur et interprète reconnu de Maine de Biran, et aussi par son goût de la littérature, que trahit une élégance stylistique heureusement toujours féconde. C'est pour rendre hommage au professeur et à l'homme, que nous nous sommes réunis à Lyon, au printemps 2008, autour de lui, son propre professeur de khâgne, M Gourinat, son camarade de toujours, J-F Marquet, ex-collègue de Paris IV, le maître des études hégéliennes qu'est B Bourgeois, les collègues, les amis, les anciens élèves, que sont B Saint Girons, M Protopapas, A-G Wersinger, A Devarieux, J-J Duhot, J-F Mattéi, J Frère, M Rashed, A Villani, F Baghdassarian. (shrink)

In this important new collection, Gilbert Harman presents a selection of fifteen interconnected essays on fundamental issues at the center of analytic philosophy. The book opens with a group of four essays discussing basic principles of reasoning and rationality. The next three essays argue against the once popular idea that certain claims are true and knowable by virtue of meaning. In the third group of essays Harman presents his own view of meaning and the possibility of thinking in language The (...) final three essays investigate the nature of mind, developing further the themes already set out. Reasoning, Meaning, and Mind offers an integrated presentation of this rich and influential body of work. which Harman has developed over thirty years. (shrink)

One in a series of interviews by Saeed Naji.

The strength of democracy lies in its ability to self-correct, to solve problems and adapt to new challenges. However, increased volatility, resulting from multiple crises on multiple fronts – humanitarian, financial, and environmental – is testing this ability. By offering a new framework for democratic education, Teaching Democracy in an Age of Uncertainty begins a dialogue with education professionals towards the reconstruction of education and by extension our social, cultural and political institutions. -/- This book is the first monograph on (...) philosophy with children to focus on democratic education. The book examines the ways in which education can either perpetuate or disrupt harmful social and political practices and narratives at the classroom level. It is a rethinking of civics and citizenship education as place-responsive learning aimed at understanding and improving human-environment relations to not only face an uncertain world, but also to face the inevitable challenges of democratic disagreement beyond merely promoting pluralism, tolerance and agreement. -/- When viewed as a way of life democracy becomes both a goal and a teaching method for developing civic literacy to enable students to articulate and apprehend more than just the predominant political narrative, but to reshape it. This book will be of interest to scholars of philosophy, political science, education, democratic theory, civics and citizenship studies, and peace education research. (shrink)

Reprinted with permission and previously published in: Farhang: Quarterly Journal of the Institute for Humanities and Cultural Studies (Tehran, Iran), 22(69), pp. 117-138. -/- One of the aims of this paper is to explore the relationship between democracy and epistemology. This inevitably raises questions about the purpose and aims of education consistent with conceptions of democracy. These ultimately rest on the practical applicability and outcomes of competing visions of democracy without appeal to pre-political or prior goods, nor to certain knowledge (...) about justice or right; that is, to the dominant liberal discourse of citizenship that has become indistinguishable from the citizenship implicit in official policy documents. I argue in favour of a notion of citizenship conceived of in terms of learning processes that have a developmental and transformative impact on the learning subject, and an educational model that is more attuned to the procedural concerns of deliberative democracy than civics and citizenship education which tend to be underpinned by preconceptions of liberal citizenship, values and democracy. (shrink)

This short piece is a partial translation of the introduction to Gilbert Simondon’s most succinct philosophical reflections on the notions of form, information, and potentials. The material was presented on February 27, 1960, at the Session of the Société française de philosophie. After the abstract and Simondon’s definitions of form, information, and transductive operation, there is a discussion between Simondon and other attendees who were present at his talk, including Paul Ricoeur and Jean Hyppolite, both of whom had been part (...) of Simondon’s viva panel in 1958. The piece represents an interesting moment in the history of philosophy where cybernetics and information theory were problematized by thinkers like Simondon, who thought that the concept of information needed to be expanded and refined to adequately account for processes of individuation, or "ontogenesis.". (shrink)