This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.

Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-32334. ISBN 1-886363-74-9. Cloth. $95. * Reprint of the first edition.

The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart's Postscript, with fully updated notes to include modern references (...) and further reading. (shrink)

The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...) Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)

Abstract: Some proponents of “experimental philosophy” criticize philosophers' use of thought experiments on the basis of evidence that the verdicts vary with truth-independent factors. However, their data concern the verdicts of philosophically untrained subjects. According to the expertise defence, what matters are the verdicts of trained philosophers, who are more likely to pay careful attention to the details of the scenario and track their relevance. In a recent article, Jonathan M. Weinberg and others reply to the expertise defence that there (...) is no evidence for such expertise. They now receive a reply in this article, which argues that they have misconstrued the dialectical situation. Since they have produced no evidence that philosophical training is less efficacious for thought experimentation than for other cognitive tasks for which they acknowledge that it produces genuine expertise, such as informal argumentation, they have produced no evidence for treating the former more sceptically than the latter. (shrink)

By the time of his death in 2003, Bernard Williams was one of the greatest philosophers of his generation. Ethics and the Limits of Philosophy is not only widely acknowledged to be his most important book, but also hailed a contemporary classic of moral philosophy. Presenting a sustained critique of moral theory from Kant onwards, Williams reorients ethical theory towards ‘truth, truthfulness and the meaning of an individual life’. He explores and reflects upon the most difficult problems in contemporary philosophy (...) and identifies new ideas about central issues such as relativism, objectivity and the possibility of ethical knowledge. This edition also includes a new commentary on the text by A.W.Moore and a foreword by Jonathan Lear. (shrink)

The Twin Earth thought experiment invites us to consider a liquid that has all of the superficial properties associated with water (clear, potable, etc.) but has entirely different deeper causal properties (composed of “XYZ” rather than of H2O). Although this thought experiment was originally introduced to illuminate questions in the theory of reference, it has also played a crucial role in empirically informed debates within the philosophy of psychology about people’s ordinary natural kind concepts. Those debates have sought to accommodate (...) an apparent fact about ordinary people’s judgments: Intuitively, the Twin Earth liquid is not water. We present results from four experiments showing that people do not, in fact, have this intuition. Instead, people tend to have the intuition that there is a sense in which the liquid is not water but also a sense in which it is water. We explore the implications of this finding for debates about theories of natural kind concepts, arguing that it supports views positing two distinct criteria for membership in natural kind categories – one based on deeper causal properties, the other based on superficial, observable properties. (shrink)

The Twin Earth thought experiment invites us to consider a liquid that has all of the superficial properties associated with water (clear, potable, etc.) but has entirely different deeper causal properties (composed of “XYZ” rather than of H2O). Debates about natural kind concepts have sought to accommodate an apparent fact about ordinary people's judgments: Intuitively, the Twin Earth liquid is not water. We present results showing that people do not have this intuition. Instead, people tend to judge that there is (...) a sense in which the liquid is not water but also a sense in which it is water. (shrink)

In this paper we propose to argue for two claims. The first is that a sizeable group of epistemological projects – a group which includes much of what has been done in epistemology in the analytic tradition – would be seriously undermined if one or more of a cluster of empirical hypotheses about epistemic intuitions turns out to be true. The basis for this claim will be set out in Section 2. The second claim is that, while the jury is (...) still out, there is now a substantial body of evidence suggesting that some of those empirical hypotheses are true. Much of this evidence derives from an ongoing series of experimental studies of epistemic intuitions that we have been conducting. A preliminary report on these studies will be presented in Section 3. In light of these studies, we think it is incumbent on those who pursue the epistemological projects in question to either explain why the truth of the hypotheses does not undermine their projects, or to say why, in light of the evidence we will present, they nonetheless assume that the hypotheses are false. In Section 4, which is devoted to Objections and Replies, we’ll consider some of the ways in which defenders of the projects we are criticizing might reply to our challenge. Our goal, in all of this, is not to offer a conclusive argument demonstrating that the epistemological projects we will be criticizing are untenable. Rather, our aim is to shift the burden of argument. (shrink)

Some of philosophy's most central concepts, including art, friendship, and happiness, have been argued to be dual character concepts. Their main characteristic is that they encode not only a descriptive dimension but also an independent normative dimension for categorization. This article introduces the class of dual character concepts and discusses various accounts of their content and structure. A specific focus will be placed on their relation to two other classes of concepts, thick concepts and natural kind concepts. The study of (...) dual character concepts not only demonstrates that a wide range of concepts is inherently normative, but it also reveals new possibilities for investigating gender biases, generics, and social roles. (shrink)

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act (...) and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force. (shrink)

In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This (...) volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists. (shrink)

This article examines whether people share the Gettier intuition (viz. that someone who has a true justified belief that p may nonetheless fail to know that p) in 24 sites, located in 23 countries (counting Hong Kong as a distinct country) and across 17 languages. We also consider the possible influence of gender and personality on this intuition with a very large sample size. Finally, we examine whether the Gettier intuition varies across people as a function of their disposition to (...) engage in “reflective” thinking. (shrink)

Our goal in this paper is to articulate a novel account of the ordinary concept ART. At the core of our account is the idea that a puzzle surrounding our thought and talk about art is best understood as just one instance of a far broader phenomenon. In particular, we claim that one can make progress on this puzzle by drawing on research from cognitive science on dual character concepts. Thus, we suggest that the very same sort of phenomenon that (...) is associated with ART can also be found in a broad class of other dual character concepts, including SCIENTIST, CHRISTIAN, GANGSTER, and many others. Instead of focusing narrowly on the case of ART, we try to offer a more general account of these concepts and the puzzles to which they give rise. Then, drawing on the general theory, we introduce a series of hypotheses about art concepts, and put those hypotheses to the test in three experimental studies. (shrink)

Five experiments provide evidence for a class of ‘dual character concepts.’ Dual character concepts characterize their members in terms of both (a) a set of concrete features and (b) the abstract values that these features serve to realize. As such, these concepts provide two bases for evaluating category members and two different criteria for category membership. Experiment 1 provides support for the notion that dual character concepts have two bases for evaluation. Experiments 2-4 explore the claim that dual character concepts (...) have two different criteria for category membership. The results show that when an object possesses the appropriate concrete features, but does not fulfill the appropriate abstract value, it is judged to be a category member in one sense but not in another. Finally, Experiment 5 uses the theory developed here to construct artificial dual character concepts and examines whether participants react to these artificial concepts in the same way as naturally occurring dual character concepts. The present studies serve to define the nature of dual character concepts and distinguish them from other types of concepts (e.g., natural kind concepts), which share some, but not all of the properties of dual character concepts. More broadly, these phenomena suggest a normative dimension in everyday conceptual representation. (shrink)

English translation of a lecture delivered by HLA Hart on 29 October 1979 at the Autonomous University of Madrid. For commentary on the provenance of the lecture and on the methodology of its translation, see Andrzej Grabowski, ‘The Missing Link in the Hart–Dworkin Debate’ 36 Oxford Journal of Legal Studies 476.

In their delightfully provocative paper, “Semantics, Cross-Cultural Style,” Edouard Machery, Ron Mallon, Shaun Nichols, and Stephen Stich (2004),[1] make several striking claims about theories of reference. First, they claim: (I) Philosophical views about reference “are assessed by consulting one’s intuitions about the reference of terms in hypothetical situations” (p. B1). This claim is prompted by their observations of the role of intuitions in Saul Kripke’s refutation of the descriptivist view of proper names in favor of a causal-historical view (1980). The (...) particular intuitions they attend to are those aired in discussing Kripke’s cases of Gödel and Jonah. This prompts the next claim: (II) Those particular cases are “central” to Kripke’s refutation (p. B1). Indeed, Machery et al describe these cases as “some of the most influential thought experiments in the philosophy of reference” (p. B8). Inspired by recent work in psychology (e.g., Nisbett et al 2001) that shows “systematic cognitive differences between East Asians and Westerners” (p. B1), Machery et al predicted that there would be cultural differences in referential intuitions. They conducted some ingenious experiments on Gödel and Jonah cases to test this predication. The results in the Gödel cases, although not in the Jonah cases, confirmed their prediction, leading them to conclude: “Westerners are more likely than East Asians to report intuitions that are consistent with the causal-historical view” (p. B1). And, implicitly, they claim: (III) These results raise serious doubts about Kripke’s refutation, which relies solely on the intuitions of Westerners. They are explicit about the following bolder claim: (IV) The fact of these cultural differences “raises questions about the nature of the philosophical enterprise of developing a theory of reference” (p. B1); it points to “significant philosophical conclusions” (p.. (shrink)

The concepts expressed by social role terms such as artist and scientist are unique in that they seem to allow two independent criteria for categorization, one of which is inherently normative. This study presents and tests an account of the content and structure of the normative dimension of these “dual character concepts.” Experiment 1 suggests that the normative dimension of a social role concept represents the commitment to fulfill the idealized basic function associated with the role. Background information can affect (...) which basic function is associated with each social role. However, Experiment 2 indicates that the normative dimension always represents the relevant commitment as an end in itself. We argue that social role concepts represent the commitments to basic functions because that information is crucial to predict the future social roles and role-dependent behavior of others. (shrink)

This chapter contains sections titled: Traditional Natural Law Theory Modern Natural Law Theory Conclusion References.

Legal anti-positivism is widely believed to be a general theory of law that generates far too many false negatives. If anti-positivism is true, certain rules bearing all the hallmarks of legality are not in fact legal. This impression, fostered by both positivists and anti-positivists, stems from an overly narrow conception of the kinds of moral facts that ground legal facts: roughly, facts about what is morally optimific—morally best or morally justified or morally obligatory given our social practices. A less restrictive (...) view of the kinds of moral properties that ground legality results in a form of anti-positivism that can accommodate any legal rule consistent with positivism, including the alleged counter-examples. This form of “inclusive” anti-positivism is not just invulnerable to extensional challenges from the positivist. It is the only account that withstands extensional objections, while incorporating, on purely conceptual grounds, a large part of the content of morality into law. (shrink)

With a new foreword by Jonathan Lear 'Remarkably lively and enjoyable…It is a very rich book, containing excellent descriptions of a variety of moral theories, and innumerable and often witty observations on topics encountered on the way.' -_ Times Literary Supplement_ Bernard Williams was one of the greatest philosophers of his generation. Ethics and the Limits of Philosophy is not only widely acknowledged to be his most important book, but also hailed a contemporary classic of moral philosophy. Drawing on the (...) ideas of the Greek philosophers, Williams reorients ethics away from a preoccupation with universal moral theories towards ‘truth, truthfulness and the meaning of an individual life’. He explores and reflects upon the most difficult problems in contemporary philosophy and identifies new ideas about central issues such as relativism, objectivity and the possibility of ethical knowledge. This edition also includes a commentary on the text by A.W.Moore. At the time of his death in 2003, Bernard Williams was hailed by the Times as 'the outstanding moral philosopher of his age.' He taught at the Universities of Cambridge, Berkeley and Oxford and is the author of many influential books, including _Morality; Descartes: The Project of Pure Enquiry_ and _Truth and Truthfulness_. (shrink)

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.

What is law (and why should we care)? -- Crazy little thing called "law" -- Austin's sanction theory -- Hart and the rule of recognition -- How to do things with plans -- The making of a legal system -- What law is -- Legal reasoning and judicial decision making -- Hard cases -- Theoretical disagreements -- Dworkin and distrust -- The economy of trust -- The interpretation of plans -- The value of legality.

Frank Jackson champions the cause of conceptual analysis as central to philosophical inquiry. In recent years conceptual analysis has been undervalued and widely misunderstood, suggests Jackson. He argues that such analysis is mistakenly clouded in mystery, preventing a whole range of important questions from being productively addressed. He anchors his argument in discussions of specific philosophical issues, starting with the metaphysical doctrine of physicalism and moving on, via free will, meaning, personal identity, motion, and change, to ethics and the philosophy (...) of color. In this way the book not only offers a methodological program for philosophy, but also casts new light on some much-debated problems and their interrelations. (shrink)

Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...) descriptivist, “rule-relational” semantics combined with a pragmatic account of the expressive and practical functions of legal discourse. We argue that this approach is at least as well-equipped as expressivism to explain the motivational and prescriptive features of “internal” legal statements, as well as a fundamental kind of legal disagreement, while being better positioned to account for various “external” uses of the same language. We develop this theory in a Hartian framework, and in the final part of the paper argue (particularly against Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along such quasi-expressivist lines. (shrink)

Prescriptive rules guide human behavior across various domains of community life, including law, morality, and etiquette. What, specifically, are rules in the eyes of their subjects, i.e., those who are expected to abide by them? Over the last sixty years, theorists in the philosophy of law have offered a useful framework with which to consider this question. Some, following H. L. A. Hart, argue that a rule’s text at least sometimes suffices to determine whether the rule itself covers a case. (...) Others, in the spirit of Lon Fuller, believe that there is no way to understand a rule without invoking its purpose — the benevolent ends which it is meant to advance. In this paper we ask whether people associate rules with their textual formulation or their underlying purpose. We find that both text and purpose guide people’s reasoning about the scope of a rule. Overall, a rule’s text more strongly contributed to rule infraction decisions than did its purpose. The balance of these considerations, however, varied across experimental conditions: In conditions favoring a spontaneous judgment, rule interpretation was affected by moral purposes, whereas analytic conditions resulted in a greater adherence to textual interpretations. In sum, our findings suggest that the philosophical debate between textualism and purposivism partly reflects two broader approaches to normative reasoning that vary within and across individuals. Keywords: , the concept of law, rules, legal psychology, Hart, Fuller. (shrink)