This anthology of essays on the work of David Kaplan, a leading contemporary philosopher of language, sprang from a conference, "Themes from Kaplan," organized by the Center for the Study of Language and Information at Stanford University.

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, ...

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act (...) and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force. (shrink)

What are our duties or rights? How should we act? What are we responsible for? Joseph Raz examines the philosophical issues underlying these everyday questions. He explores the nature of normativity--the reasoning behind certain beliefs and emotions about how we should behave--and offers a novel account of responsibility.

Joseph Raz presents a penetrating exploration of the interdependence of value, reason, and the will. These essays illuminate a wide range of questions concerning fundamental aspects of human thought and action. Engaging Reason is a summation of many years of original, compelling, and influential work by a major contemporary philosopher.

In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. (...) This volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists. (shrink)

Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil disobedience (...) -- A right to dissent? : conscientious objection --The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism. (shrink)

Joseph Raz presents a penetrating exploration of the interdependence of value, reason, and the will. These essays illuminate a wide range of questions concerning fundamental aspects of human thought and action. Engaging Reason is a summation of many years of original, compelling, and influential work by a major contemporary philosopher.

Belief storage is often modeled as having the structure of a single, unified web. This model of belief storage is attractive and widely assumed because it appears to provide an explanation of the flexibility of cognition and the complicated dynamics of belief revision. However, when one scrutinizes human cognition, one finds strong evidence against a unified web of belief and for a fragmented model of belief storage. Using the best available evidence from cognitive science, we develop this fragmented model into (...) a nascent theory of the cognitive architecture of belief storage. (shrink)

Joseph Raz presents a penetrating exploration of the interdependence of value, reason, and the will. These essays illuminate a wide range of questions concerning fundamental aspects of human thought and action. Engaging Reason is a summation of many years of original, compelling, and influential work by a major contemporary philosopher.

This handbook introduces the reader both to the tradi tional logic of the syllogism and to modern symbolic logic.

The paper distinguishes between instrumental reasons and instrumental rationality. It argues that instrumental reasons are not reasons to take the means to our ends. It further argues that there is no distinct form of instrumental reasoning or of instrumental rationality. In part the argument proceeds through a sympathetic examination of suggestions made by M. Bratman, J. Broome, and J. Wallace, though the accounts of instrumental rationality offered by the last two are criticised.

The thesis of the present volume is critical and dual. (1) Present day philosophy of man and sciences of man suffer from the Greek mis taken polarization of everything human into nature and convention which is (allegedly) good and evil, which is (allegedly) truth and fal sity, which is (allegedly) rationality and irrationality, to wit, the polar ization of all fields of inquiry, the natural and social sciences, as well as ethics and all technology, whether natural or social, into the (...) totally positive and the totally negative. (2) Almost all philosophy and sci ences of man share the erroneous work ethic which is the myth of man's evil nature - the myth of the beast in man, the doctrine of original sin. To mediate or to compromise between the first view of human nature as good with the second view of it as evil, sociologists have devised a modified utilitarianism with deferred gratification so called, and the theory of the evil of artificial competition (capitalist and socialist alike) and of keeping up with the Joneses. Now, the mediation is not necessary. For, the polarization makes for abstract errors which are simplistic views of rationality, such as reductionism and positivism of all sorts, as well as for concrete errors, such as the disposition to condemn repeatedly those human weaknesses which are inevitable, namely man's inability to be perfectly rational, avoid all error, etc. , thus setting man against himself as all too wicked. (shrink)

The book is a contribution to the study of values, as they affect both our personal and our public life. It defends the view that values are necessarily universal, on the ground that that is a condition of their intelligibility. It does, however, reject most common conceptions of universality, like those embodied in the writings on human rights. It aims to reconcile the universality of value with the social dependence of value and the centrality to our life of deep attachments (...) to people and countries alike. Building from there, the book explores personal love, the value of life, and the fundamental duty of respect for people. (shrink)

Can there be a theory of law? -- Two views of the nature of the theory of law : a partial comparison -- On the nature of law -- The problem of authority : revisiting the service conception -- About morality and the nature of law -- Incorporation by law -- Reasoning with rules -- Why interpret? -- Interpretation without retrieval -- Intention in interpretation -- Interpretation : pluralism and innovation -- On the authority and interpretation of constitutions : some (...) preliminaries -- Postema on law's autonomy and public practical reasons : a critical comment. (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)

H. L. A. Hart is heir and torch-bearer of a great tradition in the philosophy of law which is realist and unromantic in outlook. It regards the existence and content of the law as a matter of social fact whose connection with moral or any other values is contingent and precarious. His analysis of the concept of law is part of the enterprise of demythologising the law, of instilling rational critical attitudes to it. Right from his inaugural lecture in Oxford (...) he was anxious to dispel the philosophical mist which he found in both legal culture and legal theory. In recent years he has shown time and again how much the rejection of the moralizing myths which accumulated around the law is central to his whole outlook. His essays on “Bentham and the Demystification of the Law” and on “The Nightmare and the Noble Dream” showed him to be consciously sharing the Benthamite sense of the excessive veneration in which the law is held in Common Law countries, and its deleterious moral consequences. His fear that in recent years legal theory has lurched back in that direction, and his view that a major part of its role is to lay the conceptual foundation for a cool and potentially critical assessment of the law are evident. (shrink)

Charles Sanders Peirce was born in September 1839 and died five months before the guns of August 1914. He is perhaps the most important mind the United States has ever produced. He made significant contributions throughout his life as a mathematician, astronomer, chemist, geodesist, surveyor, cartographer, metrologist, engineer, and inventor. He was a psychologist, a philologist, a lexicographer, a historian of science, a lifelong student of medicine, and, above all, a philosopher, whose special fields were logic and semiotics. He is (...) widely credited with being the founder of pragmatism. In terms of his importance as a philosopher and a scientist, he has been compared to Plato and Aristotle. He himself intended "to make a philosophy like that of Aristotle." Peirce was also a tormented and in many ways tragic figure. He suffered throughout his life from various ailments, including a painful facial neuralgia, and had wide swings of mood which frequently left him depressed to the state of inertia, and other times found him explosively violent. Despite his consistent belief that ideas could find meaning only if they "worked" in the world, he himself found it almost impossible to make satisfactory economic and social arrangements for himself. This brilliant scientist, this great philosopher, this astounding polymath was never able, throughout his long life, to find an academic post that would allow him to pursue his major interest, the study of logic, and thus also fulfill his destiny as America's greatest philosopher. Much of his work remained unpublished in his own time, and is only now finding publication in a coherent, chronologically organized edition. Even more astounding is that,despite many monographic studies, there has been no biography until now, almost eighty years after his death. Brent has studied the Peirce papers in detail and enriches his account with numerous quotations from letters by Peirce and by his friends. This is a fascinating account of a p. (shrink)

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)

The doctrine of double effect continues to be an important tool in bioethical casuistry. Its role within the Catholic moral tradition continues, and there is considerable interest in it by contemporary moral philosophers. But problems of justification and correct application remain. I argue that if the traditional Catholic conviction that there are exceptionless norms prohibiting inflicting some kinds of harms on people is correct, then double effect is justified and necessary. The objection that double effect is superfluous is a rejection (...) of that normative conviction, not a refutation of double effect itself. This justification suggests the correct way of applying double effect to controversial cases. But versions of double effect which dispense with the absolutism of the Catholic tradition lack justification and fall to the objection that double effect is an unnecessary complication. Keywords: double effect, intention, side effect CiteULike Connotea Del.icio.us What's this? (shrink)

What does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in this volume leads to a new approach to traditional jurisprudential question, though the conclusions are based on a critical appraisal, particularly those of Bentham, Austin, Kelsen, and Hart.