In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.

Reasoning About Knowledge is the first book to provide a general discussion of approaches to reasoning about knowledge and its applications to distributed ...

As the prevalence of conflict and fragility continue to rise around the world, research is increasingly heralded as a solution. However, current ethical guidelines for working in areas suffering from institutional and social fragility, insecurity or violent conflict have been heavily critiqued as highly abstract; focussed only on data collection; detached from the realities of academia in the Global South; and potentially extractive. This article seeks to respond to that assessment by spotlighting some of the most prevalent challenges researchers face (...) in the pursuit of ethical working practices. It explores the material and epistemic injustices that often shape and underpin research structures and relationships in these contexts. The paper draws on the authors’ experiences of research in conflict-affected and fragile contexts over the last fifteen years and on workshop discussions with researchers based in fragile and conflict-affected contexts conducted in Amman, Bogotá and Dhaka in 2019-2020. The paper works from the premise that achieving ethical research in fragile spaces is not dependent solely on activity at the site of research, but also on decisions made across the entire ecosystem of a research project. It therefore interrogates the full research landscape, from funding models, to research design, to dissemination plans and ethical gatekeeping. The paper critically reflects on inequities in the processes of knowledge production about conflict and fragility and the key ethical challenges that researchers encounter. It highlights the need for further guidance, support and accountability to ensure ethical research practices. (shrink)

All these specialist aspects of one life are different facets of the intellectual diamond which scintillates in the huge quarry of The Bertrand Russell Archives at McMaster University, Hamilton, Ontario. This is the quintessential man, the bundle of contradictions passionately dedicated to intellect, at times carrying the rational argument to irrational extremes; the natural-born emotional adventurer forever hampered by orphaned youth and too-early marriage. This Russell in the round is greater than the sum of his constituent parts, a man of (...) epic proportions, struggling through a lifetime beset with frustration and near-disaster; in youth the constitutional sceptic, in old age the sometimes splendid figure with "courage never to submit or yield.". (shrink)

In 1993, Professor of Jurisprudence, Ronald Dworkin of Oxford University and Professor of Law at New York University, delivered the Georgetown Law Center’s thirteenth Annual Philip A. Hart Memorial Lecture: "Life’s Dominion: An Argument About Abortion and Euthanasia." Dworkin is Professor of Philosophy and Frank Henry Sommer Professor of Law at New York University. He received B.A. degrees from both Harvard College and Oxford University, and an LL.B. from Harvard Law School and clerked for Judge Learned Hand. He was (...) associated with a law firm in New York (Sullivan and Cromwell) and was a professor of law at Yale University Law School from 1962-1969. He has been Professor of Jurisprudence at Oxford and Fellow of University College since 1969. He has a joint appointment at Oxford and at NYU where he is a professor both in the Law School and the Philosophy Department. He is a Fellow of the British Academy and a member of the American Academy of Arts and Sciences. Professor Dworkin is the author of many articles in philosophical and legal journals as well as articles on legal and political topics in the New York Review of Books. He has written Taking Rights Seriously (1977), A Matter of Principle (1985), Law’s Empire (1986), Philosophical Issues in Senile Dementia (1987), A Bill of Rights for Britain (1990), Life’s Dominion (1993), and Freedom’s Law (1996). (shrink)

We present an embedding of quantified multimodal logics into simple type theory and prove its soundness and completeness. A correspondence between QKπ models for quantified multimodal logics and Henkin models is established and exploited. Our embedding supports the application of off-the-shelf higher-order theorem provers for reasoning within and about quantified multimodal logics. Moreover, it provides a starting point for further logic embeddings and their combinations in simple type theory.

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...) made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

In Section I, Kelsen introduces the legal order as an aggregate of norms and considers the question of the basis of the validity of a norm. He then turns, in Section II, to a series of questions that arise in connection with “unconstitutional” statutes. Finally, in Section III, Kelsen defends at length a monistic interpretation of the relation between the international and domestic legal orders. (Translator's summary.).

The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism. James Griffin and Yael Tamir raise questions concerning Raz's notion of group rights and its application to claims of cultural and political autonomy, while Will Kymlicka and Bernhard Peters examine Raz's theory of multicultural society. Lukas Meyer investigates the (...) applicability of the notion of harm in the intergenerational context. Other papers are devoted to fundamental theoretical tenets of Raz's work. Hillel Steiner and Andrei Marmor examine Raz's account of value pluralism and incommensurability in light of what these authors consider to be goods whose equal distribution must be valued for its own sake. Robert Alexy and Timothy Endicott discuss traditional issues of jurisprudence and legal philosphy with special attention to Raz's contribution. Rüdiger Bittner, Bruno Celano, and J. E. Penner discuss and criticize aspects of Raz's theory of practical reason. Jeremy Waldron presents a critique of Raz's interpretation of authority.This volume concludes with a chapter by Joseph Raz in which he responds to arguments in the foregoing essays. (shrink)

In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard ...

Logical models of argument formalize commonsense reasoning while taking process and computation seriously. This survey discusses the main ideas which characterize di erent logical models of argument. It presents the formal features of a few main approaches to the modeling of argumentation. We trace the evolution of argumentationfrom the mid-80's, when argumentsystems emerged as an alternative to nonmonotonic formalisms based on classical logic, to the present, as argument is embedded in di erent complex systems for real-world applications, and allows more (...) formal work to be done in different areas, such as AI & Law, case-based reasoning and negotiation among intelligent agents. (shrink)

'Principles Of Mental Imagery' offers a broad, balanced, and up-to-date introduction to the major findings of this research and identifies five general principles that can account for most of them. It considers the development of experimental techniques that have solved many of the challenging methodological problems inherent in imagery research and includes recent experimental findings not covered in other imagery books..

We study straightforward embeddings of propositional normal multimodal logic and propositional intuitionistic logic in simple type theory. The correctness of these embeddings is easily shown. We give examples to demonstrate that these embeddings provide an effective framework for computational investigations of various non-classical logics. We report some experiments using the higher-order automated theorem prover LEO-II.

"The Constitution is America's moral sail, and we must hold to the courage of the conviction that fills it, a conviction that we can all be equal citizens of a moral republic. That is a noble faith, and only optimism can redeem it." So writes Ronald Dworkin in the introduction to this characteristically robust and provocative new book in which Dworkin argues the fidelity to the constitution and to law demands that judges make contemporary judgements backed on political morality, (...) and why it encourages, or ought to encourage, an open display of the true grounds of judgement. The book discusses almost all of the great constitutional issues of the last two decades including abortion, affirmative action, pornography, race, homosexuality, euthanasia and free-speech and in doing so consistently offers a liberal view of the American Constitution. Dworkin's "moral reading" proposes that we all, judges, lawyers, citizens - interpret and apply the abstract language of the Constitution on the understanding that they invoke moral principles about political decency and justice. The "moral reading" therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published seperately; now drawn together they bear all the hallmarks of Dworkin's legal and philosophical sophistication, his acute understanding of political process and his understanding of history. principles. (shrink)

Politics in America are polarized and trivialized, perhaps as never before. In Congress, the media, and academic debate, opponents from right and left, the Red and the Blue, struggle against one another as if politics were contact sports played to the shouts of cheerleaders. The result, Ronald Dworkin writes, is a deeply depressing political culture, as ill equipped for the perennial challenge of achieving social justice as for the emerging threats of terrorism. Can the hope for change be realized? (...) Dworkin, one the world's leading legal and political philosophers, identifies and defends core principles of personal and political morality that all citizens can share. He shows that recognizing such shared principles can make substantial political argument possible and help replace contempt with mutual respect. Only then can the full promise of democracy be realized in America and elsewhere. Dworkin lays out two core principles that citizens should share: first, that each human life is intrinsically and equally valuable and, second, that each person has an inalienable personal responsibility for identifying and realizing value in his or her own life. He then shows what fidelity to these principles would mean for human rights, the place of religion in public life, economic justice, and the character and value of democracy. Dworkin argues that liberal conclusions flow most naturally from these principles. Properly understood, they collide with the ambitions of religious conservatives, contemporary American tax and social policy, and much of the War on Terror. But his more basic aim is to convince Americans of all political stripes--as well as citizens of other nations with similar cultures--that they can and must defend their own convictions through their own interpretations of these shared values. (shrink)

Written by the world's best-known political and legal theorist, Freedom's Law: The Moral Reading of the American Constitution is a collection of essays that discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Professor Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language (...) of the Constitution by reference to moral principles about political decency and justice. His `moral reading therefore brings political morality into the heart of constitutional law. The various chapters of this book were originally published separately and are now drawn together to provide the reader with a rich, full-length treatment of Dworkin's general theory of law. (shrink)

In Dangerous Minds, Ronald Beiner traces the deeper philosophical roots of such far-right ideologues as Richard Spencer, Aleksandr Dugin, and Steve Bannon, to the writings of Nietzsche and Heidegger—and specifically to the aspects of their thought that express revulsion for the liberal-democratic view of life.

Hans Kelsen est, sans conteste, le juriste le plus important de ce siècle. Il n'y a pas une seule question de théorie juridique qu'on puisse traiter aujourd'hui sans examiner d'abord l'analyse qu'il en fait, mais son œuvre ne concerne pas seulement le droit et la philosophie du droit ; elle touche aussi la philosophie politique, l'épistémologie, l'éthique ou la logique. Sa théorie du droit représente, à côté du réalisme, l'une des deux branches du juspositivisme moderne, connue sous le nom de (...) normativisme et que lui-même appelait " Théorie pure du droit ". Elle se donne comme une théorie scientifique qui se borne à décrire son objet, le droit positif, et qui donc est " pure " de tout jugement de valeur. La pureté ne concerne toutefois que la méthodologie. Le droit, lui, n'est nullement pur, car il exprime des choix moraux et politiques. La doctrine kelsenienne pure apparaît ainsi doublement politique : d'une part, elle se donne pour tâche de mettre en évidence la fonction idéologique du droit ; d'autre part, dans la mesure où elle analyse les dispositifs juridiques comme des moyens au service de certaines fins, elle peut servir de fondement à une véritable technologie juridique. C'est cette technologie que Kelsen prétendait appliquer à la politique et qui fonde aussi bien son travail de constituant - il est le père de la Constitution autrichienne et de la première Cour constitutionnelle - que ses écrits sur la démocratie. La Théorie générale du droit et de l'Etat présente à cet égard un intérêt exceptionnel. Elle a été écrite aux Etats-Unis, où Kelsen s'était réfugié au début de la Seconde Guerre mondiale. Comme le souligne Stanley L. Paulson dans son introduction, elle constitue une étape marquante dans l'évolution de sa pensée entre le néokantisme des origines et l'empirisme des derniers écrits. C'est aussi une présentation claire, systématique et concentrée de l'ensemble de sa doctrine et c'est le seul ouvrage de Kelsen qui porte à la fois sur les conditions de possibilité d'une science empirique du droit, sur la théorie générale du droit au sens strict - l'analyse structurale de tous les ordres juridiques possibles - et sur la théorie générale de l'Etat - l'analyse des concepts constitutifs de tout Etat possible. (shrink)

ABSTRACTIn April of 2000, Diana Levine went to a clinic in Vermont suffering from a migraine headache. She was given the drug Demerol for the migraine symptoms and Phenergan for nausea. Complications with the administration of Phenergan ultimately resulted in Ms. Levine contracting gangrene, necessitating the amputation of her right arm. Ms. Levine sued the drug maker, Wyeth Pharmaceutical, in state court and prevailed. The lower court's decision was appealed by Wyeth to the state supreme court where the ruling was (...) confirmed. Wyeth next appealed to the U.S. Supreme Court which, to the surprise of many observers, affirmed the judgment of the state supreme court. At issue was the fundamental question of the ability of consumers to obtain redress against negligent manufacturers in state courts. Wyeth's arguments to the Court were based upon preemption: Foodand Drug Administration approval of a drug preempts the ability of injured consumers like Ms. Levine to recover in state courts despite years of precedent to the contrary. Ability to recover damages in state courts represents, perhaps, the most important safety net available to consumers injured by defective products. A ruling by the Supreme Court that FDA‐approved labeling of pharmaceuticals preempts the reach of the state courts would have severely compromised the balance of power between consumers and producers. (shrink)

The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism.

I will discuss a variety of cases such that the subject's believing truly is somewhat of an accident, but less so than in a Gettier case. In each case, this is because her reasons are not ultimately undefeated full stop, but they are ultimately undefeated with certain qualifications. For example, the subject's reasons might be ultimately defeated considered in themselves but ultimately undefeated considered as a proper part of an inference to the best explanation that is undefeated without qualification. In (...) each section of the paper, I consider different qualifications and show how in each case we get an epistemic standing I call “coach-class knowledge”. First-class knowledge requires justifying reasons that are undefeated without qualification. Coach-class knowledge only requires qualified lack of defeat. I will use this distinction to bring debates over knowledge from falsehood and fake barns to an ecumenical resolution. In both cases, the subject enjoys coach-class rather than first-class knowledge. I will also show that the defeasible reasoning tradition can better account for graded accidental truth than safety theories. (shrink)

Meaning and communication -- Mighty dead: Kant and Hegel -- Scorekeeping -- Sentence meaning, term meaning, Anaphora -- Empirical content and empirical knowledge -- Logical discourse -- Representation and communication -- Objectivity and phenomenalism about norms.

The thesis is examined that medical schools tend to recruit those who, because of a single-minded pursuit of admission, lack the breadth of interest and the social experience necessary for the development of a socially sensitive and emotionally mature personality. This negative characterization, labeled “the premed syndrome,” has been linked to a perceived lack of physician concern for patients, interpersonal warmth, and humanitarian care. This paper reviews the various published arguments advanced by proponents and opponents of this view, analyzing the (...) presumed roots and implications and proposed remedies. (shrink)