The widely recognized impasse in legal theory, which requires an account of law as “both a social fact and a framework of reasons for action” has been most interestingly addressed in recent years by writers characterizing law as convention in the sense of a solution to a game theoretical “coordination problem.” As critics have neutralized most of these proposals, the author advances an account of conventionalism, drawing on economic and sociological theory, which he claims makes the bridge between positivist and (...) naturalist theories of law without compromising the basic insights of either. The result is a unified theory of law, politics and society. (shrink)

Although the concept of Rule of Law has been revived and developed vigorously by mid‐twentieth century conservative political theorists, contemporary legal positivists have not been impressed. The author reviews this confrontation, outlines the logic for a strong theory of Rule of Law, and surveys the leading attempts to provide compelling grounds for such a theory.

The author revisits H. L. A. Hart's theory of positive law and argues for a major qualification to the thesis of the separation of law and morality based on a concept of systemic legitimacy derived from the social theory of Jurgen Habermas. He argues that standards for assessing the degree of systemic legitimacy in modern legal systems can develop through reflective exercise of “critical legality,” a concept coined to parallel Hart's “critical morality,” and an expanded understanding of the “external” and (...) “internal” perspectives on legal systems. Following Habermas, he argues that modern positive law must retain systemic legitimacy. After suggesting criteria for measuring systemic legitimacy, the author concludes that the concept provides a useful approach to contemporary problems of “lawless” regimes and “law's imperialism.”. (shrink)

This paper examines Michael Oakeshott's ideas on the relation between political philosophy and normative thought. To this end, some of the most controversial concepts of his thought are considered in the context of the philosophical debates that developed after the success of analytic philosophy and, in particular, of Ayer's Language, Truth, and Logic. First, the paper argues that, in contrast to analytic and ordinary language thinkers, Oakeshott defends the legitimacy and the rationality of normative thinking. To this end, the importance (...) of the Oakeshottian concepts of tradition and moral practice is stressed, and the controversial notion of ‘pursuit of intimations’ is considered. Through a discussion of Oakeshott's unpublished notes, the relevance of Aristotle for the development of his thought is also highlighted. Second, the paper contends that Oakeshott sees political philosophy as a critical activity aiming at universal concepts. At the same time, the paper stresses the Oakeshottian distinction betw.. (shrink)

Two conservative theorists, F. A. Hayek and Michael Oakeshott, have advanced theories of law with important and plausible central theses focusing on the rule of law. The author argues, however, that in each case the theorist ‐ or at least some of his followers on the contemporary British and American political scene ‐ have wrongly inferred strong conclusions from these theories which are inimical to the welfare state. In conclusion, the author points to possible ways of reconciling rule of law (...) to social justice. (shrink)

The controversy over law and morality between positivists and normativists is largely a result of failure on both sides to understand the idea of authority. The author argues that Plato, Aristotle, Aquinas and Hobbes held a common notion of legal authority that was distinctively moral. They all saw the virtue of law (and the source of legal obligation) in the equal protection it provides for all against the disorder to which passion makes men vulnerable, and not in the justice of (...) its provisions. Michael Oakeshott, among contemporary theorists, best illustrates this approach to a resolution of the differences between positivists and normativists. (shrink)

In this paper, I examine Oakeshott's account of civility by drawing on the porcupine metaphor that Oakeshott borrows from Schopenhauer. I explain why Oakeshott thinks that civility is best understood as a moral practice, one which has a special significance for politics. I outline the conceptual differences between civility understood as a small virtue and as an attribute of the civil condition. Three major difficulties in Oakeshott's treatment are raised. The first concerns his view that 'civil' is an adverbial qualifier; (...) the second concerns the relation between civility in its moral and its political senses, and the third is about the relation between civility and justice. While recognizing what is distinctive about Oakeshott's account, I indicate reservations about his discussion through a series of comparisons with Schopenhauer, and I conclude that, on their own terms, neither philosopher is able to solve the problem the porcupines set for them. (shrink)

Michael Oakeshott’s distinction between ‘civil association’ and ‘enterprise association’ has inspired international society theorists to conceive of international society as not just a ‘purposive association’ constructed by states to satisfy their interests but also as a ‘practical association’ providing formal and pragmatic rules that are not instrumental to particular goals of state policy. While this article is supportive of the Oakeshottian turn in international society theory, it suggests that somewhat different conclusions can be drawn from it. The article sketches out (...) an alternative conception of international ‘civil association’, one that transcends the boundaries of communities. It is argued that such a notion of civil association is both possible and at the same time anchored in the experiences of the modern state. It is suggested that this notion of international civil association, when sustained by an adequate legal conception, promotes the enforcement of moral and political responsibility acr... (shrink)

The author explains Michael Oakeshott's distinctive theory of law through an explanation of its notion of authority. He explains the view that modern states are ambiguous, consisting partly of civil associations and partly of enterprise associations. Authority is not a function of people's attitudes to those in power, but exists when a government's action is itself accepted as sufficient reason for unconditional obedience. Authority in this sense cannot exist in enterprise association, commitment to which must be contingent on the fulfillment (...) of purposes common to all participants. But modern states are compulsory associations, different from each. Furthermore, authority could never be justified on a rational choice model, which must always be teleological in character. Because this means there can be no solution to the problem of political obligation, all philosophy can do is describe abstractly the Rule of Law state which does reconcile authority and liberty. (shrink)

(2013). Sportworld. Sport, Ethics and Philosophy: Vol. 7, Sport and Art: An Essay in the Hermeneutics of Sport, pp. 30-54. doi: 10.1080/17511321.2013.761881.

In this essay I explore the relationship of sport to art. I do not intend to argue that sport is one of the arts. I will rather argue that sport and art have a commonality, in that both are alienated philosophy. This is to propose – in an argument that has its roots in Hegel's aesthetics – that sport and art may both be interpreted as a way of reflecting upon metaphysical and normative issues, albeit in media that are alien (...) to philosophy's conceptual language. The medium of art is the manipulation of sensuous materials, such as stone, paint, or sound. The medium of sport is the pursuit of a physical challenge, at which the athlete may fail. I will develop this argument by borrowing from the philosophy of art of Arthur C. Danto. In particular, I will suggest that a parallel to his concept of ‘artworld’ can be seen in a ‘sportworld’. As the artworld is an ‘atmosphere of theory’ and a ‘knowledge of history’ through which an event is interpreted and thereby constituted as art, so a sportworld is the atmosphere of theory through which an event is constituted as sport. I will argue that much of the existing discussion of the relationship between sport and art is grounded in an ill-conceived aesthetics. In order to be appreciated and appropriately interpreted, sport must be understood within a modernist aesthetics and hermeneutics. As such, the core issue of an aesthetics of sport is not that of beauty, but rather of the meaning of the sport, and what I shall call the capacity of sport to ‘speak as a world’ – to bring to consciousness through play the taken-for-granted cultural conditions through which our social lives are constituted, and within which metaphysical and normative problems are articulated. I will propose that the hermeneutics of music provides a useful model for the interpretation of sport. (shrink)

This paper analyses conceptual change. A rejection of pure experience has prompted philosophers of science to adopt a certain perspective from which to view changes of belief. Popper, Kuhn, and others have analysed conceptual change in terms of problems or anomalies, that is, in terms of contingent reasoning about issues posed in the context of an inherited web of belief. This paper explores a more general analysis of conceptual change in dialogue with these philosophers of science. Because changes of belief (...) are not all changes in scientific belief, we seek to unpack conceptual change in terms of dilemmas, as opposed to anomalies or problems. For a start, the notion of a dilemma has to be broader than that of an anomaly since it purports to apply to conceptual change as a whole, not just the transition from one era of normal science to another. In addition, we should detach the notion of a dilemma from the objectivism of Popper's world-3 problems. (shrink)

This paper argues that history differs from natural science in relying on folk psychology and so narrative explanations. In narratives, actions, beliefs, and pro-attitudes are joined by conditional and volitional connections. Conditional connections exist when beliefs and pro-attitudes pick up themes from one another Volitional connections exist when agents command themselves to do something having decided to do it because of a pro-attitude they hold. The paper defends the epistemic legitimacy of narratives by arguing we have legitimate grounds for postulating (...) conditional and volitional connections since they are given to us by a folk psychology we accept as true. (shrink)

A themed issue on the work of Michael Oakeshott.

The aim of this research is to reconstruct a metaphysical interpretation of the philosophy of history with regard to the spirit of historical thinking. The spirit of historical thinking is to emphasize the relation between what happened in the past and historical thinking about the past in the present. However, current philosophies of history, which are largely epistemologically oriented, have not adequately explored this relation. In order to investigate the relation between past and present, I refer to an Aristotelian philosophy (...) of practice and politics, and adapt it to the domain of the philosophy of history, and argue the case for a metaphysical science of history. A metaphysical science of history contains two primary parts. They are the part on physis and the part on technê/phronēsis. With regard to physis that metaphysically investigates the natural generating progress of entities, I argue that the existence of historical events can be understood as a natural developing progress in which the events are ordered in a chronological sequence. Such chronological sequence is essentially the physis of history in the metaphysical sense. For the part on technê/phronēsis, I demonstrate that Aristotelian knowing is for itself an action of knowing, which is located beyond a given temporal position in the past to both the past and the thinking present, and indicates the fundamental Beingness of history. Finally I conclude that the historical eudaimonia, namely the pursuing of the completeness of historical knowledge, is the final presentation of actualizing Geschehenszeit, as it bridges the past and the present in accordance to the spirit of historical thinking. (shrink)