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Legal Reasoning and Political Conflict

Cass R. Sunstein (ed.)

Oxford University Press USA (1996)

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Whence the Demand for Ethical Theory?Damian Cueni & Matthieu Queloz - 2021 - American Philosophical Quarterly 58 (2):135-46.details Where does the impetus towards ethical theory come from? What drives humans to make values explicit, consistent, and discursively justifiable? This paper situates the demand for ethical theory in human life by identifying the practical needs that give rise to it. Such a practical derivation puts the demand in its place: while finding a home for it in the public decision-making of modern societies, it also imposes limitations on the demand by presenting it as scalable and context-sensitive. This differentiates strong (...) Anti-Theory in Normative Ethics Bernard Williams in 20th Century Philosophy Conflicts of Duty in Normative Ethics Ethical Theories, Misc in Normative Ethics Moral Coherentism in Meta-Ethics Moral Disagreement in Meta-Ethics Moral Epistemology, Misc in Meta-Ethics Moral Pluralism in Normative Ethics Moral Psychology in Normative Ethics Philosophical Methods, Misc in Metaphilosophy Practical Reason, Misc in Philosophy of Action Direct download (4 more) Export citation Bookmark 8 citations
The Ethics of Conceptualization: A Needs-Based Approach.Matthieu Queloz - forthcoming - Oxford: Oxford University Press.details Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...) Bernard Williams in 20th Century Philosophy Conceptual Engineering in Metaphilosophy Freedom and Liberty in Social and Political Philosophy Friedrich Nietzsche in 19th Century Philosophy Moral Concepts in Meta-Ethics Moral Pluralism in Normative Ethics Philosophical Methods, Misc in Metaphilosophy Reasons, Misc in Philosophy of Action The Will in Philosophy of Action Theoretical Virtues, Misc in General Philosophy of Science Direct download Export citation Bookmark 3 citations
Law as a Test of Conceptual Strength.Matthieu Queloz - forthcoming - In Veronica Rodriguez-Blanco, Daniel Peixoto Murata & Julieta A. Rabanos (eds.), Bernard Williams on Law and Jurisprudence: From Agency and Responsibility to Methodology.details In ‘What Has Philosophy to Learn from Tort Law?’, Bernard Williams reaffirms J. L. Austin’s suggestion that philosophy might learn from tort law ‘the difference between practical reality and philosophical frivolity’. Yet while Austin regarded tort law as just another repository of time-tested concepts, on a par with common sense as represented by a dictionary, Williams argues that ‘the use of certain ideas in the law does more to show that those ideas have strength than is done by the mere (...) Bernard Williams in 20th Century Philosophy Concepts, Misc in Philosophy of Mind Conceptual Engineering in Metaphilosophy Criminal/Tort Distinction in Philosophy of Law Free Will and Foreknowledge in Philosophy of Action J. L. Austin in 20th Century Philosophy Methodology of Jurisprudence in Philosophy of Law Pragmatism in Metaphilosophy Responsibility and the Law in Philosophy of Law The Nature of Law and Legal Systems in Philosophy of Law Direct download Export citation Bookmark 1 citation

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