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 (...) fact that they are part of the currency of common sense’. But what does it mean to show that ideas or concepts ‘have strength’? How does conceptual strength relate to the distinction between practical reality and philosophical frivolity? And what special features of the law are supposed to make it a better test of conceptual strength than common sense? In this chapter, I reconstruct and develop Williams’s answers to these questions. I show why Williams believes that we need to test the concepts forming the currency of common sense against practical reality as embodied by legal practice; I identify seven features of tort law that make it particularly suitable to act as such a test; I distinguish three respects in which concepts can show strength, and unpack Williams’s metaphor of microwave-resistant concepts: concepts capable of holding and presenting material for intense critical scrutiny without succumbing to it themselves; lastly, I show how philosophy can learn to identify systematically weak concepts, and the limits of otherwise valuable concepts, by considering which concepts fail the test. (shrink)

In the first part of this chapter, I summarise some of the issues in the philosophy of mind which are addressed in Kant’s Critical writings. In the second part, I chart some of the ways in which that discussion influenced twentieth-century analytic philosophy of mind and identify some of the themes which characterise Kantian approaches in the philosophy of mind.

These then are the four main strands in Aristotle's thought concerning the law, or in other words, the four elements he might have distinguished in his conception of law. The analysis I have attempted seems to me to reflect both Aristotle's view of the complex nature of law and also what he would look upon as the different grounds for its validity. I think that the several elements in his doctrine are fundamentally independent of one another, and similarly that they (...) do not compete with one another since they embody answers to different questions concerning law. Also the recurrent theme of my own comments has been the assumption that 'law' is a complex term, comprising in its application a number of different definitions concerning rules and validity, authority and obligation, sources of law, and the like. In my opinion it is the merit of Aristotle's conception of law that he appears to recognise the multiple meaning of the word ‘law’ and, accordingly, the need for a multiple definition. (shrink)

John Cook Wilson is increasingly recognised as an important predecessor of ordinary language philosophy. He emphasizes the authority of ordinary language in philosophical theorizing. At the same time, however, he circumscribes the limits of that authority and identifies cases in which it threatens to mislead us. My aim is to consider in detail one case where, according to Cook Wilson, ordinary language has misled philosophical theorizing. Judgement was one of the core notions of the logic, epistemology, and philosophy of mind (...) of Cook Wilson’s time. Cook Wilson rejects this notion, in the form developed by his contemporaries, in part because it is based on a problematic analogy between ordinary language and the thoughts expressed in that language. Cook Wilson’s discussion of judgement also highlights the extent to which Cook Wilson was critical of, but also responsive to, his contemporaries. In addition, variants of the language-thought analogy Cook Wilson opposes continue to feature in 21st century epistemology and philosophy of mind. Cook Wilson’s criticism of the analogy thus raises questions about recent work as well as the theories of his contemporaries. (shrink)

1. What are called ‘intuitions’ in philosophy are just applications of our ordinary capacities for judgement. We think of them as intuitions when a special kind of scepticism about those capacities is salient. 2. Like scepticism about perception, scepticism about judgement pressures us into conceiving our evidence as facts about our internal psychological states: here, facts about our conscious inclinations to make judgements about some topic rather than facts about the topic itself. But the pressure should be resisted, for it (...) rests on bad epistemology: specifically, on an impossible ideal of unproblematically identifiable evidence. 3. Our resistance to scepticism about judgement is not simply epistemic conservativism, for we resist it on behalf of others as well as ourselves. A reason is needed for thinking that beliefs tend to be true. 4. Evolutionary explanations of the tendency assume what they should explain. Explanations that appeal to constraints on the determination of reference are more promising. Davidson’s truth-maximizing principle of charity is examined but rejected. 5. An alternative principle is defended on which the nature of reference is to maximize knowledge rather than truth. It is related to an externalist conception of mind on which knowing is the central mental state. 6. The knowledge-maximizing principle of charity explains why scenarios for scepticism about judgement do not warrant such scepticism, although it does not explain how we know in any particular case. We should face the fact that evidence is always liable to be contested in philosophy, and stop using talk of intuition to disguise this unpleasant truth from ourselves. (shrink)

This paper reconstructs Susan Stebbing’s account of intelligent dealing with a problem and defends this account against charges that it relies on a “censurable kind” of intellectualism. This charge was made in Stebbing’s own time by Laird and Wittgenstein. Michael Kremer has recently made the case that Stebbing is also a proximate target of Gilbert Ryle’s attack on intellectualism. This paper argues that Stebbing should indeed be counted as an intellectualist since she holds that intelligent dealing with a problem requires (...) propositional thought. Yet, for Stebbing, thinking is an activity of a whole person and is enabled and constrained by their dispositions. This complex picture of a thinker enables Stebbing’s account to resist arguments targeting certain forms of intellectualism such as Ryle’s regress argument. It also helps her to respond to the charge that she overemphasizes the importance of intellectual failures. On the picture that emerges, Stebbing offers a strikingly modern epistemology that incorporates the social features of a person as well as their purely intellectual features. (shrink)

A realist theory of truth for a class of sentences holds that there are entities in virtue of which these sentences are true or false. We call such entities ‘truthmakers’ and contend that those for a wide range of sentences about the real world are moments (dependent particulars). Since moments are unfamiliar, we provide a definition and a brief philosophical history, anchoring them in our ontology by showing that they are objects of perception. The core of our theory is the (...) account of truthmaking for atomic sentences, in which we expose a pervasive ‘dogma of logical form’, which says that atomic sentences cannot have more than one truthmaker. In contrast to this, we uphold the mutual independence of logical and ontological complexity, and the authors outline formal principles of truthmaking taking account of both kinds of complexity. (shrink)

Lewis Carroll published a system of logic in the symbolic tradition that developed in his time. Carroll’s readers may be puzzled by his system. On the one hand, it introduced innovations, such as his logic notation, his diagrams and his method of trees, that secure Carroll’s place on the path that shaped modern logic. On the other hand, Carroll maintained the existential import of universal affirmative Propositions, a feature that is rather characteristic of traditional logic. The object of this paper (...) is to untangle this dilemma by exploring Carroll’s guidelines in the design of his logic, and in particular his theory of existential import. It will be argued that Carroll’s view reflected his belief in the social utility of symbolic logic. (shrink)

A common objection to sense-datum theories of perception is that they cannot give an adequate account of the fact that introspection indicates that our sensory experiences are directed on, or are about, the mind-independent entities in the world around us, that our sense experience is transparent to the world. In this paper I point out that the main force of this claim is to point out an explanatory challenge to sense-datum theories.

According to a historical claim oft-repeated by contemporary epistemologists, the ‘traditional’ conception of knowledge prevailed in Western philosophy prior to the publication in 1963 of Edmund’s Gettier’s famous three-page article ‘Is Justified True Belief Knowledge?’. On this conception, knowledge consists of justified true belief. In this article, I critically consider evidence for and against this historical claim, and conclude with a puzzle concerning its widespread acceptance.

Gilbert Ryle’s distinction between knowledge-how and knowledge-that emerged from his criticism of the “intellectualist legend” that to do something intelligently is “to do a bit of theory and then to do a bit of practice,” and became a philosophical commonplace in the second half of the last century. In this century Jason Stanley has attacked Ryle’s distinction, arguing that “knowing-how is a species of knowing-that,” and accusing Ryle of setting up a straw man in his critique of “intellectualism.” Examining the (...) use of the terms “intellectualism” and “anti-intellectualism” in the first half of the 20th century, in a wide-ranging debate in the social sciences as well as in philosophy, I show that Ryle was not criticizing a straw man, but a live historical position. In the context of this controversy, Ryle’s position represents a third way between “intellectualism” and “anti-intellectualism,” an option that has largely gone missing in the 21st century discussion. This argument illustrates how history can inform the history of philosophy, and how the history of philosophy can inform contemporary philosophical inquiry. (shrink)

Before the law sits a gatekeeper. To this gatekeeper comes a man from the country who asks to gain entry into the law. But the gatekeeper says that he cannot grant him entry at the moment. The man thinks about it and then asks if he will be allowed to come in sometime later on. “It is possible,” says the gatekeeper, “but not now.”—Franz Kafka..

Als zu Beginn des Jahrhunderts der Realismus wieder ernst genommen wurde, gab es viele Philosophen, die sich mit der Ontologie der Wahrheit befaßten. Unabhängig von der Bestimmung der Wahrheit als Korrespondenzbeziehung wollten sie herausfinden, inwieweit zur Erklärung der Wahrheit von Sätzen besondere Entitäten herangezogen werden müssen. Einige dieser Entitäten, so zum Beispiel Bolzanos ‘Sätze an sich’, Freges ‘Gedanken’ oder die ‘propositions’ von Russell und Moore, wurden als Träger der Eigenschaften Wahrheit und Falschheit aufgefaßt. Einige Philosophen jedoch, wie Russell, Wittgenstein im (...) ›Tractatus‹ und Husserl in den ›Logischen Untersuchungen‹, argumentierten, zusätzlich zu den Wahrheitsträgern bzw. an ihrer Stelle müßten Entitäten angenommen werden, auf Grund deren Sätze und/oder ‘Propositionen’ wahr sind. Solchen Entitäten gab man verschiedene Namen, insbesondere ‘fact’, ‘Tatsache’, ‘state of affairs’ und ‘Sachverhalt’. 1 Wir wollen einer Entscheidung über die Angebrachtheit dieser Ausdrücke nicht vorgreifen und daher zunächst eine neutralere Terminologie verwenden: Alle Entitäten, die für diese zweite Rolle in Frage kommen, wollen wir ‘Wahrmacher’ nennen. (shrink)

Als zu Beginn des Jahrhunderts der Realismus wieder ernst genommen wurde, gab es viele Philosophen, die sich mit der Ontologie der Wahrheit befaßten. Unabhängig von der Bestimmung der Wahrheit als Korrespondenzbeziehung wollten sie herausfinden, inwieweit zur Erklärung der Wahrheit von Sätzen besondere Entitäten herangezogen werden müssen. Einige dieser Entitäten, so zum Beispiel Bolzanos ‘Sätze an sich’, Freges ‘Gedanken’ oder die ‘propositions’ von Russell und Moore, wurden als Träger der Eigenschaften Wahrheit und Falschheit aufgefaßt. Einige Philosophen jedoch, wie Russell, Wittgenstein im (...) ›Tractatus‹ und Husserl in den ›Logischen Untersuchungen‹, argumentierten, zusätzlich zu den Wahrheitsträgern bzw. an ihrer Stelle müßten Entitäten angenommen werden, auf Grund deren Sätze und/oder ‘Propositionen’ wahr sind. Solchen Entitäten gab man verschiedene Namen, insbesondere ‘fact’, ‘Tatsache’, ‘state of affairs’ und ‘Sachverhalt’. 1 Wir wollen einer Entscheidung über die Angebrachtheit dieser Ausdrücke nicht vorgreifen und daher zunächst eine neutralere Terminologie verwenden: Alle Entitäten, die für diese zweite Rolle in Frage kommen, wollen wir ‘Wahrmacher’ nennen. (shrink)

During the realist revival in the early years of this century, philosophers of various persuasions were concerned to investigate the ontology of truth. That is, whether or not they viewed truth as a correspondence, they were interested in the extent to which one needed to assume the existence of entities serving some role in accounting for the truth of sentences. Certain of these entities, such as the Sätze an sich of Bolzano, the Gedanken of Frege, or the propositions of Russell (...) and Moore, were conceived as the bearers of the properties of truth and falsehood. Some thinkers however, such as Russell, Wittgenstein in the Tractatus, and Husserl in the Logische Untersuchungen, argued that instead of, or in addition to, truth-bearers, one must assume the existence of certain entities in virtue of which sentences and/or propositions are true. Various names were used for these entities, notably 'fact', 'Sachverhalt', and 'state of affairs'. (1) In order not to prejudge the suitability of these words we shall initially employ a more neutral terminology, calling any entities which are candidates for this role truth-makers. (shrink)

French translation of "Truth-Makers" (1984). A realist theory of truth for a class of sentence holds that there are entities in virtue of which these sentences are true or false. We call such entities ‘truthmakers’ and contend that those for a wide range of sentences about the real world are moments (dependent particulars). Since moments are unfamiliar we provide a definition and a brief philosophical history, anchoring them in our ontology by showing that they are objects of perception. The core (...) of our theory is the account of truthmaking for atomic sentences, in which we expose a pervasive ‘dogma of logical form’, which says that atomic sentences cannot have more than one truthmaker. The authors uphold the mutual independence of logical and ontological complexity. The theory is compared with that of Wittgenstein’s Tractatus, and the authors outline formal principles of truthmaking taking account of both kinds of complexity and suggesting how to overcome Wittgenstein’s problem of negation. (shrink)

The question is whether Urmson's account depicts Austin's method needs a qualified answer. Roughly, the answer is that what it presents is not Austin's method because it is not the whole of Austin's method. Urmson confines his attention to aspects of the inner structure of the method and leaves out the question of its motivation and possible aims.