This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

The author's aim is to prove that certain moral principles will always be etched into laws when the interest of society demands it and when morality as a set of norms guiding behavior no longer functions in an expected manner outside the system of law. In this paper, it is argued that morality is constituted within the law in a more profound way as well as in a way which is also much more difficult to identify than, for example, conventional (...) instructions concerning professional ethics may indicate. The main thesis is that de facto there are no particular professional ethics of lawyers beyond or above the ethical principles binding all people. (shrink)

On Finnish legal theory in the 20th century.--On the significance of theoretical studies in legal research.--On so-called hermeneutic trend in Finnish legal theory.--Can a sentence concerning the content of a legal rule be valid?--External and changing law--Some thoughts on the community of heirs as a juridical person.

In this paper the author deals with collegial judicial decisions as a form of human action. The scope is, however, limited to three questions: What is the structure and the status of the general theory of action; Is this theory applicable to such performative acts as judicial decisions; and finally, Is it possible to speak about action in connection with collective agents such as collegial courts? The author defends the thesis that general theory of action as such is applicable to (...) collective action, too, because the difficulty is not in the structure of that theory, or in its “individual character,” but specifically in the notion of “collective will.” This kind of “will” is epistemologically always a result of a political procedure, and speaking about the “collective will” presupposes the analysis of these procedures, because in practice they and only they formulate “collective motives,”“collective beliefs” and the like. (shrink)

The author outlines a conceptually oriented rational reconstruction of crisis tendencies in modern law. The connection between problems of legitimacy and the notion of rationality is emphasized and topics involving both the theory of communicative rationality and the theory of practical reasoning (especially in law) are discussed. The author concludes that a theory transcending the traditional approaches is needed. Otherwise, we shall not be able to face the questions of jurisprudence in the future, especially as regards an assessment of the (...) relations between law and morality, between law and society and finally between law, legitimacy and democracy. (shrink)

Any value statement belongs to a certain value code shared, to a certain degree, by a number of people. Is the value code itself relative or not? To solve this problem, one must assume that universal value statements and principles always have a prima‐facie character. Prima‐facie value propositions not only claim universality but can also be understood as universally valid in the following sense. First, their validity does not depend on an individual's free preferences. Second, although they are culture‐bound, there (...) is something all cultures must have in common. But such prima‐facie propositions do not logically imply a moral judgement in any particular case. They are merely a starting point of an evaluation procedure, i.e., of weighing and balancing, nothing more. On the other hand, the final (contextual, all things considered) evaluations are necessarily relative to a certain culture and, indeed, to individual preferences. When claiming universality of values, people see the first side of the problem. When endorsing relativism, they see only the second side. (shrink)

Moral and theoretical deficiencies of the main foundation strategies in social and political systems (Social Engineering, Foundationalism and Invisible Hand theories) are explained by the necessity of a synthesis of different kinds of rationality, i.e., goal-rationality, norm-rationality and rightness and weighing rationality. The anthropological basis of the theory is a distinction between homo finalis and homo socialis. At the institutional level, this conception leads to a synthesis of the rule of law and the welfare state. At the political level, this (...) implies a retonsideration of the principles of democracy and political planning. (shrink)

The dialogue focusses on the distinctions and connections between law and morality. Morality is seen as axiological in character, whereas law is deontological. The possibility of a conceptual tie between goodness (axiology) and duty (deontology) is firmly disputed. Habermas's discursive foundation of ethics is criticized because it seems to confer on moral principles the status of a priori synthetic truths. Every moral idea has a cultural relativity which is not taken into account by Habermasian dialogue ethics. The moral and the (...) legal points of view are kept separate: A law which does not satisfy the requirements of a “minimum content” of natural law is not said to be “law,” but simply falling short of moral criteria. The possibility of introducing rational guarantees into moral discourse is not denied, but doubt remains as to whether there are “right answers” to moral questions. (shrink)

The purpose of Aarnio and Peczenik is very ambitious: on the one hand, providing an explanatory picture of social interaction; on the other hand, offering a comprehensive conception of the best arrangement we can get of the so called Democratic Rule-of-Law State. In the paper, Comanducci first outlines some of the most important aspects of Aarnio and Peczenik work, mainly stressing the conclusions he agrees with, at the three different levels in which the authors’ discourse places itself— namely, (...) at the meta-ethical, ethical and explanatory levels. Secondly, Comanducci advances some critical remarks regarding each of the three levels, with the aim of bringing to light a few minor deficiencies of Aarnio and Peczenik’s approach and, consequently, with the aim of strengthening their position. (shrink)

This paper considers certain aspects of Aarnio’s theory of legal reasoning. Criticism is limited to the notion of legal certainty and to the related notions of the justification and reasonable acceptability of interpretative standpoints.

It is common orthodoxy among internalists and externalists alike that knowledge is lost or defeated in situations involving misleading evidence of a suitable kind. But making sense of defeat has seemed to present a particular challenge for those who reject an internalist justification condition on knowledge. My main aim here is to argue that externalists ought to take seriously a view on which knowledge can be retained even in the face of strong seemingly defeating evidence. As an instructive example, I (...) first discuss whether a theory on which knowledge is belief that is safe from error has the resources for accommodating defeat. I argue that beliefs retained in defeat cases need not be unsafe or true in some accidental way. I then discuss externalist strategies for explaining why we have incorrect intuitions about defeat. The notion of an epistemically reasonable subject plays a central role in my theory. Reasonable subjects adopt general strategies that are good for acquiring true belief and knowledge across a wide range of normal cases, but stubbornly retaining belief in the face of new evidence does not reflect such policies. I argue that though the methods employed by subjects who fail to adjust their beliefs in defeat cases may be perfectly good, they are not good methods to adopt, as their adoption is accompanied by bad dispositions. What emerges is a view on which a subject can know despite being unreasonable, and despite failing to manifest dispositions to know across normal cases. Unreasonable subjects are genuinely criticisable, but like almost anything, knowledge can sometimes be achieved in the absence of a good general strategy. (shrink)

Evidence is one of the most fundamental notions in the field of epistemology and is emerging as a major topic across academic disciplines. The practice of every academic discipline consists largely in providing evidence for key theses and The Routledge Handbook of Philosophy of the Philosophy of Evidence, the first collection of its kind, is an outstanding reference source to the key topics, problems and debates in this exciting subject. Comprising over forty chapters by a team of international contributors the (...) Handbook is divided into six parts: Ontology of evidence Sources of evidence Evidence and normativity Evidence and probability Social epistemology of evidence Evidence in the disciplines. Within these sections central issues, debates and problems are examined. Questions covered include: What is evidence? What is the relationship between knowledge and evidence? Is a pluralism of evidence possible? What other sources of evidence are there in addition to perception? Is what a person ought to believe completely fixed by the totality of evidence they have, or does it also depend on other factors like practical interests? Can evidential force be measured in any well-behaved way? How do socially created biases - for instance, gender biases - affect evidence-gathering? How is evidence relevant within different academic disciplines? The Routledge Handbook of Philosophy of the Philosophy of Evidence is essential reading for students and researchers in philosophy of science and epistemology and related disciplines such as law, religion, history and the social sciences. (shrink)

Recent authors have drawn attention to a new kind of defeating evidence commonly referred to as higher-order evidence. Such evidence works by inducing doubts that one’s doxastic state is the result of a flawed process – for instance, a process brought about by a reason-distorting drug. I argue that accommodating defeat by higher-order evidence requires a two-tiered theory of justification, and that the phenomenon gives rise to a puzzle. The puzzle is that at least in some situations involving higher-order defeaters (...) the correct epistemic rules issue conflicting recommendations. For instance, a subject ought to believe p, but she ought also to suspend judgment in p. I discuss three responses. The first resists the puzzle by arguing that there is only one correct epistemic rule, an Über-rule. The second accepts that there are genuine epistemic dilemmas. The third appeals to a hierarchy or ordering of correct epistemic rules. I spell out problems for all of these responses. I conclude that the right lesson to draw from the puzzle is that a state can be epistemically rational or justified even if one has what looks to be strong evidence to think that it is not. As such, the considerations put forth constitute a non question-begging argument for a kind of externalism. (shrink)

I formulate a resilient paradox about epistemic rationality, discuss and reject various solutions, and sketch a way out. The paradox exemplifies a tension between a wide range of views of epistemic justification, on the one hand, and enkratic requirements on rationality, on the other. According to the enkratic requirements, certain mismatched doxastic states are irrational, such as believing p, while believing that it is irrational for one to believe p. I focus on an evidentialist view of justification on which a (...) doxastic state regarding a proposition p is epistemically rational or justified just in case it tracks the degree to which one’s evidence supports p. If it is possible to have certain kinds of misleading evidence, then evidentialism and the enkratic requirements come into conflict. Yet, both have been defended as platitudinous. After discussing and rejecting three solutions, I sketch an account that rejects the enkratic requirements, while nevertheless explaining our sense that epistemic akrasia is a distinct kind of epistemic failure. Central to the account is distinguishing between two evaluative perspectives, one having to do with the relevant kind of success, the other having to do with manifesting good dispositions. The problem with akratic subjects, I argue, is that they manifest dispositions to fail to correctly respond to a special class of conclusive and conspicuous reasons. (shrink)

Subjects who retain their beliefs in the face of higher-order evidence that those very beliefs are outputs of flawed cognitive processes are at least very often criticisable. Many think that this is because such higher-order evidence defeats various epistemic statuses such as justification and knowledge, but it is notoriously difficult to give an account of such defeat. This paper outlines an alternative explanation, stemming from some of my earlier work, for why subjects are criticisable for retaining beliefs in the face (...) of paradigm kinds of putatively defeating higher-order evidence: they manifest dispositions that are bad relative to a range of candidate epistemic successes such as true belief and knowledge. In particular, giving up belief in response to higher-order evidence only when that evidence is not misleading would require subjects to have dispositions that discriminate between cases in which their original cognitive processes is fine, and cases in which they merely seemed to be fine. But, I argue, such dispositions are not normally humanly feasible. I show that retaining belief in putative cases of defeat by higher-order evidence is problematic irrespective of whether veritism or some form of gnosticism is true. In the end I contrast my account of dispositional evaluations with similar-sounding ideas that have been put forth in the literature, such as consequentialist views that focus on instrumental means to success. (shrink)

Numerous authors have defended the rough idea that it is irrational to fail to conform to one’s judgments about what it would be rational to do, or what doxastic states it would be rational to be in. This chapter examines rational reflection principles as an attempt to implement this idea in contexts of uncertainty about what credence distributions are rational. After outlining some problems with Old Rational Reflection, the chapter discusses what seems like a well-motivated fix, New Rational Reflection. It (...) is argued that an intuitive way of trying to motivate the principle fails, and that it faces counterexamples. To say the least, the principle imposes substantial and controversial constraints on the kinds of epistemic situations it is possible to be in. A more general problem is that rational reflection principles seem doomed to take seriously certain kinds of uncertainty about what is rational, but not others. (shrink)

I begin with various cases that have been used to motivate the need for a more “subjective” kind of evaluation, and accompanying norms, in both the practical and theoretical domains. I outline a broad paradigm for thinking about such evaluations, which I call perspectivist. According to this paradigm, what one ought to do and believe is fixed by one’s perspective, which is a kind of representation of the world (e.g. the propositions constituting one’s evidence). My purpose is to sketch and (...) defend an alternative framework. I first sketch how what I call dispositional evaluations work, and the kinds of evaluative norms they give rise to (roughly: ‘Manifest good dispositions!’). I then argue that my view has several advantages: it can avoid a range of problems faced by perspectivist views, and it provides a unified picture of (evaluative) norms governing actions, choices, and beliefs. A broader theme that emerges is that a perspectivist focus on issues of epistemic access, or on what is present to an agent’s mind, may prevent us from seeing the full range of options available: too often both sides of various disputes (e.g. internalists and externalists) have been locked in what is essentially a perspectivist framework. (shrink)

It is tempting to think that multi premise closure creates a special class of paradoxes having to do with the accumulation of risks, and that these paradoxes could be escaped by rejecting the principle, while still retaining single premise closure. I argue that single premise deduction is also susceptible to risks. I show that what I take to be the strongest argument for rejecting multi premise closure is also an argument for rejecting single premise closure. Because of the symmetry between (...) the principles, they come as a package: either both will have to be rejected or both will have to be revised. (shrink)

What sort of doxastic response is rational to learning that one disagrees with an epistemic peer who has evaluated the same evidence? I argue that even weak general recommendations run the risk of being incompatible with a pair of real epistemic phenomena, what I call evidential attenuation and evidential amplification. I focus on a popular and intuitive view of disagreement, the equal weight view. I take it to state that in cases of peer disagreement, a subject ought to end up (...) equally confident that her own opinion is correct as that the opinion of her peer is. I say why we should regard the equal weight view as a synchronic constraint on (prior) credence functions. I then spell out a trilemma for the view: it violates what are intuitively correct updates (also leading to violations of conditionalisation), it poses implausible restrictions on prior credence functions, or it is non-substantive. The sorts of reasons why the equal weight view fails apply to other views as well: there is no blanket answer to the question of how a subject should adjust her opinions in cases of peer disagreement. (shrink)

Being incoherent is often viewed as a paradigm kind of irrationality. Numerous authors attempt to explain the distinct-seeming failure of incoherence by positing a set of requirements of structural rationality. I argue that the notion of coherence that structural requirements are meant to capture is very slippery, and that intuitive judgments – in particular, a charge of a distinct, blatant kind of irrationality – are very imperfectly correlated with respecting the canon of structural requirements. I outline an alternative strategy for (...) explaining our patterns of normative disapproval, one appealing to feasible dispositions to conform to substantive, non-structural norms. A wide range of paradigmatic cases of incoherence, I will argue, involve manifesting problematic dispositions, dispositions that manifest across a range of cases as blatant-seeming normative failures. (shrink)

According to the Dogmatism Puzzle, knowledge breeds dogmatism: if a subject knows a proposition h, then she is justified in disregarding any future evidence against h, for she knows that such evidence is misleading. The standard, widely accepted, solution to the puzzle appeals to the defeasibility of knowledge. I argue that the defeat solution leaves intact a residual dogmatist puzzle. Solving this puzzle requires proponents of defeat to deny a plausible principle that the original puzzle relies on called Entitlement, a (...) principle stating roughly that knowing that a piece of evidence is misleading entitles one to disregard it. The plausibility of Entitlement should cast doubt not only on the defeat solution, but on an assumption that has often been taken for granted: the falsity of the dogmatist conclusion of the original puzzle. I conclude that we face a dilemma between giving up Entitlement and living with dogmatism. (shrink)

The notion of credit plays a central role in virtue epistemology and in the literature on moral worth. While virtue epistemologists and ethicists have devoted a significant amount of work to providing an account of creditable success, a unified theory of credit applicable to both epistemology and ethics, as well as a discussion of the general form it should take, are largely missing from the literature. Our goal is to lay out a theory of credit that seems to underlie much (...) of the discussion in virtue epistemology, which we dub the Cake Theory. We argue that given the goals that virtue epistemologists and ethicists who discuss moral worth have, this theory is problematic, for it makes credit depend on the wrong facts. (shrink)

The main aims in this article are to discuss and criticize the core thesis of a position that has become known as phenomenal conservatism. According to this thesis, its seeming to one that p provides enough justification for a belief in p to be prima facie justified. This thesis captures the special kind of epistemic import that seemings are claimed to have. To get clearer on this thesis, the article embeds it, first, in a probabilistic framework in which updating on (...) new evidence happens by Bayesian conditionalization, and second, a framework in which updating happens by Jeffrey conditionalization. The article spells out problems for both views, and then generalizes some of these to nonprobabilistic frameworks. The main theme of the discussion is that the epistemic import of a seeming should depend on its content in a plethora of ways that phenomenal conservatism is insensitive to. (shrink)

We think we have lots of substantial knowledge about the future. But contemporary wisdom has it that indeterminism prevails in such a way that just about any proposition about the future has a non-zero objective chance of being false.2, 3 What should one do about this? One, pessimistic, reaction is scepticism about knowledge of the future. We think this should be something of a last resort, especially since this scepticism is likely to infect alleged knowledge of the present and past. (...) One anti-sceptical strategy is to pin our hopes on determinism, conceding that knowledge of the future is unavailable in an indeterministic world. This is not satisfying either: we would rather not be hostage to empirical fortune in the way that this strategy recommends. A final strategy, one that we shall explore in this paper, is one of reconciliation: knowledge of a proposition is compatible with a subject’s belief having a non-zero objective chance of error.4 Following Williamson, we are interested in tying knowledge to the presence or absence of error in close cases, and so we shall explore the connections between knowledge and objective chance within such a framework. We don’t want to get tangled up here in complications involved in attempting to formulate a necessary and sufficient condition for knowledge in terms of safety. Instead, we will assume the following rough and ready necessary condition: a subject knows P only if she could not easily have falsely believed P.5 Assuming that easiness is to be spelt.. (shrink)