In this paper, written for a volume on the work of Robert Alexy, I discuss the idea that law makes certain distinctive claims, an idea familiar from the work of both Alexy and Joseph Raz. I begin by refuting some criticisms by Ronald Dworkin of the very idea of law as a claim-maker. I then discuss whether, as Alexy and Raz agree, law's claim is a moral one. Having arrived at an affirmative verdict, I discuss the content of law's moral (...) claim. Is it, as Alexy says, a claim to moral correctness? Or is it, as Raz says, a claim to moral authority? (shrink)

A spectre is haunting legal positivists – and perhaps jurisprudes more generally – the spectre of the normativity of law. Whatever else law is, it is sometimes said, it is normative, and so whatever else a philosophical account of law accounts for, it should account for the normativity of law[1]. But law is at least partially a social matter, its content at least partially determined by social practices. And how can something social and descriptive in this down-to-earth kind of way (...) be normative?[2] This is presumably a problem for any theory of law, but it is especially acute for legal positivism, according to which (roughly speaking) all there is to facts about legality are such descriptive social facts. If this is so, the thought goes, the task of accommodating the law’s normativity immediately becomes both more daunting, and more urgent[3]. Unfortunately, though, it is entirely unclear what the problem of the normativity of law is supposed to be. Indeed, I suspect that there is no one problem here, as different people seem to have in mind different problems when they use this unhelpful phrase[4]. At least one family of issues people seem to have in mind when they talk about the normativity of law is a host of issues pertaining to the reason-giving force of the law. The law, it is sometimes said, gives reasons for action, and a theory of law should accommodate this obvious fact. But even when we focus just on questions regarding the reason-giving force of the law (and from now on I will restrict myself to just those, leaving other things people may have in mind when they talk about the normativity of law for another occasion), it is still not clear what the problem is. Indeed, my main purpose in this paper is to make some progress in understanding the relevant question here. And my conclusion is going to be somewhat skeptical: Once we are clear on what reason-giving in general consists in, and on what reason-giving powers the law actually has, there is not much by way of a problem here that needs to be solved, not a deep and interesting phenomenon here that theories of law need to accommodate, and that therefore places adequacy constraints on plausible theories of the nature of law.. (shrink)

First published in 1713, this work was designed as a vivid and persuasive presentation of the remarkable picture of reality that Berkeley had first presented two years earlier in his Principles of Human Knowledge. His central claim there, as here, was that physical things consist of nothing but ideas in minds--that the world is not material but mental. Berkeley uses this thesis as the ground for a new argument for the existence of God, and the dialogue form enables him to (...) raise and respond to many of the natural objections to his position. The text printed in this volume is that of the 1734 edition of the Dialogues. (shrink)

<Hylas> It is indeed something unusual; but my thoughts were so taken up with a subject I was discoursing of last night, that finding I could not sleep, ...

According to standard, pre-philosophical intuitions, there are many composite objects in the physical universe. There is, for example, my bicycle, which is composed of various parts - wheels, handlebars, molecules, atoms, etc. Recently, a growing body of philosophical literature has concerned itself with questions about the nature of composition.1 The main question that has been raised about composition is, roughly, this: Under what circumstances do some things compose, or add up to, or form, a single object? It turns out that (...) it is surprisingly difficult to give a satisfactory answer to this question that accords with standard, pre-philosophical intuitions about the universe's composite objects. In fact, the three rival views in response to this question that have received the most support in the literature are (i) that there are no objects composed of two or more parts (which means that there are no stars, chairs, humans, or bicycles);2 (ii) that the only objects composed of two or more parts are living organisms (which still means no stars. (shrink)

The topic of this book is material objects. Like most interesting concepts, the concept of a material object is one without precise boundaries.

Quine has called the question, ‘What is there?’ the “ontological question.” But if we call this question by that name, what name shall we use for the question, ‘What are we asking when we ask “What is there?”’? I shall call it ‘the meta-ontological question’. I shall call the attempt to answer the meta-ontological question ‘meta-ontology’ and any proposed answer to it ‘a meta-ontology’. In this essay, I shall briefly sketch a meta-ontology. The meta-ontology I shall present is broadly Quinean. (...) I am, in fact, willing to call it an exposition of Quine’s meta-ontology. (shrink)

Arguments that ordinary inanimate objects such as tables and chairs, sticks and stones, simply do not exist have become increasingly common and increasingly prominent. Some are based on demands for parsimony or for a non-arbitrary answer to the special composition question; others arise from prohibitions against causal redundancy, ontological vagueness, or co-location; and others still come from worries that a common sense ontology would be a rival to a scientific one. Until now, little has been done to address these arguments (...) in a unified and systematic way. Ordinary Objects is designed to fill this gap, demonstrating that the mistakes behind all of these superficially diverse eliminativist arguments may be traced to a common source. It aims to develop an ontology of ordinary objects subject to no such problems, providing perhaps the first sustained defense of a common sense ontology in two generations. The work done along the way addresses a number of major issues in philosophy of language and metaphysics, contributing to debates about analyticity, identity conditions, co-location and the grounding problem, vagueness, overdetermination, parsimony, and ontological commitment. In the end, the most important result of addressing these eliminativist arguments is not merely avoiding their conclusions; examining their failings also gives us reason to suspect that many apparent disputes in ontology are pseudo-debates. For it brings into question widely-held assumptions about which uses of metaphysical principles are appropriate, which metaphysical demands are answerable, and how we should go about addressing such fundamental questions as "What exists?". As a result, the work of Ordinary Objects promises to provide not only the route to a reflective understanding of our unreflective common-sense view, but also a better understanding of the proper methods and limits of metaphysics. (shrink)

In recent analytic metaphysics, the view that ‘ordinary inanimate objects such as sticks and stones, tables and chairs, simply do not exist’ has been defended by some noteworthy writers. Thomasson opposes such revisionary ontology in favour of an ontology that is conservative with respect to common sense. The book is written in a straightforward, methodical and down-to-earth style. It is also relatively non-specialized, enabling the author and her readers to approach problems that are often dealt with in isolation in a (...) more unified way.Thomasson's arguments are mainly counter-attacks on six ‘eliminativist’ arguments against ordinary objects. A causal redundancy argument espoused by Trenton Merricks holds that to suppose that there are ordinary objects is to suppose that these objects have distinctive causal powers. However, the casual efficacy of a baseball, for example, is exhausted by that of some suitably arranged …. (shrink)

This paper describes and defends in detail a novel account of belief, an account inspired by Ryle's dispositional characterization of belief, but emphasizing irreducibly phenomenal and cognitive dispositions as well as behavioral dispositions. Potential externalist and functionalist objections are considered, as well as concerns motivated by the inevitably ceteris paribus nature of the relevant dispositional attributions. It is argued that a dispositional account of belief is particularly well-suited to handle what might be called "in-between" cases of believing - cases in (...) which it is neither quite right to describe a person as having a particular belief nor quite right to describe her as lacking it. (shrink)

H. L. A. Hart is heir and torch-bearer of a great tradition in the philosophy of law which is realist and unromantic in outlook. It regards the existence and content of the law as a matter of social fact whose connection with moral or any other values is contingent and precarious. His analysis of the concept of law is part of the enterprise of demythologising the law, of instilling rational critical attitudes to it. Right from his inaugural lecture in Oxford (...) he was anxious to dispel the philosophical mist which he found in both legal culture and legal theory. In recent years he has shown time and again how much the rejection of the moralizing myths which accumulated around the law is central to his whole outlook. His essays on “Bentham and the Demystification of the Law” and on “The Nightmare and the Noble Dream” showed him to be consciously sharing the Benthamite sense of the excessive veneration in which the law is held in Common Law countries, and its deleterious moral consequences. His fear that in recent years legal theory has lurched back in that direction, and his view that a major part of its role is to lay the conceptual foundation for a cool and potentially critical assessment of the law are evident. (shrink)

I develop several new arguments against claims about "cognitive phenomenology" and its alleged role in grounding thought content. My arguments concern "absent cognitive qualia cases", "altered cognitive qualia cases", and "disembodied cognitive qualia cases". However, at the end, I sketch a positive theory of the role of phenomenology in grounding content, drawing on David Lewis's work on intentionality. I suggest that within Lewis's theory the subject's total evidence plays the central role in fixing mental content and ruling out deviant interpretations. (...) However I point out a huge unnoticed problem, the problem of evidence: Lewis really has no theory of sensory content and hence no theory of what fixes evidence. I suggest a way of plugging this hole in Lewis's theory. On the resulting theory, which I call " phenomenal functionalism", there is a sense in which sensory phenomenology is the source of all determinate intentionality. Phenomenal functionalism has similarities to the theories of Chalmers and Schwitzgebel. (shrink)

This paper is about the neglected question of what sort of things we are metaphysically speaking. It is different from the mind-body problem and from familiar questions of personal identity. After explaining what the question means and how it differs from others, the paper tries to show how difficult it is to give a satisfying answer.

To the extent that dualism is even taken to be a serious option in contemporary discussions of personal identity and the philosophy of mind, it is almost exclusively either Cartesian dualism or property dualism that is considered. The more traditional dualism defended by Aristotelians and Thomists, what I call hylemorphic dualism, has only received scattered attention. In this essay I set out the main lines of the hylemorphic dualist position, with particular reference to personal identity. First I argue that overemphasis (...) of the problem of consciousness has had an unhealthy effect on recent debate, claiming instead that we should emphasize the concept of form. Then I bring in the concept of identity by means of the notion of substantial form. I continue by analyzing the relation between form and matter, defending the traditional theses of prime matter and of the unicity of substantial form. I then argue for the immateriality of the substantial form of the human person, viz. the soul, from an account of the human intellect. From this follows the soul's essential independence of matter. Finally, although the soul is the immaterial bearer of personal identity, that identity is still the identity of an essentially embodied being. I explain how these ideas are to be reconciled. Footnotesa I am grateful to Stephen Braude, John Cottingham, John Haldane, David Jehle, Joel Katzav, Eduardo Ortiz, and Fred Sommers for helpful comments and discussion of a draft of this essay. I would also like to thank Ellen Paul, whose suggestions have helped greatly to improve the essay's style and content. (shrink)

The metaphysical problem of individuation requires an answer to two different but intimately related questions: 1) How are we to characterize individuality ontologically? To what ontological category or logical type does individuality belong? 2) What sort of distinction is there between the individuality and nature of an individual, e.g., a real distinction, a modal distinction, a distinction of reason, or some other distinction My purpose in this article is to clarify a bare particular account of individuation and respond to objections (...) that have been raised against bare particulars as individuators. (shrink)

Not long ago, one of us has clarified and defended a bare particular theory of individuation. More recently, D. W. Mertz has raised a set of objections against this account and other accounts of bare particulars and proffered an alternative theory of individuation. He claims to have shown that 'the concept of bare particulars, and consequently substratum ontology that requires it, is untenable.' We disagree with this claim and believe there are adequate responses to the three arguments Mertz raises against (...) bare particulars. To substantiate this assertion, we clarify the nature of bare particulars as individuators, state Mertz's objections, and respond to them. We conclude that Mertz has failed to show that bare particular theory is untenable. (shrink)

Paul Boghossian (1997) has argued that there is much to be said on behalf of the notion of analyticity so long as we distinguish epistemic analyticity and metaphysical analyticity. In particular, (1) epistemic analyticity isn’t undermined by Quine’s critique of the analytic-synthetic distinction, (2) it can explain the a prioricity of logic, and (3) epistemic analyticity can’t be rejected short of embracing semantic irrealism. In this paper, we argue that all three of these claims are mistaken.

This essay contains a partial exploration of some key concepts associated with the epistemology of realist philosophies of science. It shows that neither reference nor approximate truth will do the explanatory jobs that realists expect of them. Equally, several widely-held realist theses about the nature of inter-theoretic relations and scientific progress are scrutinized and found wanting. Finally, it is argued that the history of science, far from confirming scientific realism, decisively confutes several extant versions of avowedly 'naturalistic' forms of scientific (...) realism. (shrink)

It is relatively common for philosophers to doubt whether we have any reason to act as morality requires. But it is very difficult to find philosophers who are willing to doubt, in a similar way, the idea that we have reason to act as instrumental rationality requires; reason, that is, to take effective steps toward attaining the ends we have accepted as our own. The inference from the fact that a certain action is an effective means of satisfying an agent’s (...) ends to the conclusion that that agent has reason to perform that action is held by almost everyone to be, as it is sometimes said, automatic: once it is determined that the action in question bears the specified relation to one’s goals, nothing more needs to be shown. But fewer philosophers are willing to grant that morality possesses this sort of automatic reason-giving force. Rather, it is quite commonly held that some additional consideration needs to be cited in order to show that an agent has reason to act as she is morally required. The fact that an action is morally required, claim those who adhere to this type of position, is not enough in itself. (shrink)

Paul Boghossian advocates a version of the analytic theory of a priori knowledge. His defense of an "epistemic" notion of analyticity is based on an implicit definition account ofthe meaning of the logical constants. Boghossian underestimates the power of the classical Quinean criticisms, however; the challenge to substantiate the distinction between empirical and non-empirical sentences, as forcefully presented in Two Dogmas, still stands, and the regress from Truth by Convention still needs to be avoided. Here, Quine also showed that there (...) are no implicit definers for the logical constants. Moreover, even if they existed, their epistemic analyticity would, on Boghossian's own account, be doubtful. (shrink)

In this essay, I characterize the original intervention that became Inclusive Legal Positivism, defend it against a range of powerful objections, explain its contribution to jurisprudence, and display its limitations and its modest jurisprudential significance. I also show how in its original formulations ILP depends on three notions that are either mistaken or inessential to law: the separability thesis, the rule of recognition, and the idea of criteria of legality. The first is false and is in event inessential to legal (...) positivism. The second is inessential to legal positivism. The third is likely inessential to law. I then characterize the central claim of ILP in a way that relies on none of these: ILP is the claim that necessarily social facts determine the determinants of legal content. I show that ILP so conceived leaves the central debates in law largely untouched. I suggest how the most fundamental of these—the question of the normativity of law—at least can be usefully addressed. The essay closes by suggesting that even though one can distinguish the social from the normative dimensions of law, a theory of the nature of law is necessarily an account of the relationship between the two: It is a theory either of the difference that certain distinctive social facts make in normative space, or it is an account of the distinctive normative difference that law makes, and the social and other facts that are necessary to explain that difference. One can distinguish between but one cannot separate the social from the normative aspects of legality. (shrink)

In this essay, I characterize the original intervention that became Inclusive Legal Positivism, defend it against a range of powerful objections, explain its contribution to jurisprudence, and display its limitations and its modest jurisprudential significance. I also show how in its original formulations ILP depends on three notions that are either mistaken or inessential to law: the separability thesis, the rule of recognition, and the idea of criteria of legality. The first is false and is in event inessential to legal (...) positivism. The second is inessential to legal positivism. The third is likely inessential to law. I then characterize the central claim of ILP in a way that relies on none of these: ILP is the claim that necessarily social facts determine the determinants of legal content. I show that ILP so conceived leaves the central debates in law largely untouched. I suggest how the most fundamental of these—the question of the normativity of law—at least can be usefully addressed. The essay closes by suggesting that even though one can distinguish the social from the normative dimensions of law, a theory of the nature of law is necessarily an account of the relationship between the two: It is a theory either of the difference that certain distinctive social facts make in normative space, or it is an account of the distinctive normative difference that law makes, and the social and other facts that are necessary to explain that difference. One can distinguish between but one cannot separate the social from the normative aspects of legality. (shrink)

The paper is a defense of the project of explaining the a priori via the notion of meaning or concept possession. It responds to certain objections that have been made to this project—in particular, that there can be no epistemically analytic sentences that are not also metaphysically analytic, and that the notion of implicit definition cannot explain a priori entitlement. The paper goes on to distinguish between two different ways in which facts about meaning might generate facts about entitlement—inferential and (...) constitutive. It concludes by outlining a theory of the latter. (shrink)

This essay distinguishes between metaphysical and epistemological conceptions of analyticity. The former is the idea of a sentence that is ‘true purely in virtue of its meaning’ while the latter is the idea of a sentence that ‘can be justifiably believed merely on the basis of understanding its meaning’. It further argues that, while Quine may have been right to reject the metaphysical notion, the epistemological notion can be defended from his critique and put to work explaining a priori justification. (...) Along the way, a number of further distinctions relevant to the theory of analyticity and the theory of apriority are made and their significance is explained. (shrink)

It is argued here that there is no fact of the matter between direct reference theory and neo-Fregeanism. To get a more precise idea of the central thesis of this paper, consider the following two claims: (i) While direct reference theory and neo-Fregeanism can be developed in numerous ways, they can be developed in essentially parallel ways; that is, for any (plausible) way of developing direct reference theory, there is an essentially parallel way of developing neo-Fregeanism, and vice versa. And (...) (ii) for each such pair of theories, there is no fact of the matter as to which of them is superior; or more precisely, they are tied in terms of factual accuracy. These are sweeping claims that cannot be fully justified in a single paper. But arguments are given here that motivate these theses, i.e., that suggest that they are very likely true. (shrink)

There are predicates and subjects. It is thus tempting to think that there are properties on the one hand, and things that have them on the other. I have no quarrel with this thought; it is a fine place to begin a theory of properties and property-having. But in this paper, I argue that one such theory—bare particularism—is false. I pose a dilemma. Either bare particulars instantiate the properties of their host substances or they do not. If they do not, (...) then bare particularism is both unmotivated and false. If they do, then the view faces a problematic—and, I shall argue, false—crowding consequence. (shrink)

_Metaphysics: A Contemporary Introduction_ is for students who have already completed an introductory philosophy course and need a fresh look at the central topics in the core subject of metaphysics. It is essential reading for any student of the subject. This Fourth Edition is revised and updated and includes two new chapters on Parts and Wholes, and Metaphysical Indeterminacy or vagueness. This new edition also keeps the user-friendly format, the chapter overviews summarizing the main topics, concrete examples to clarify difficult (...) concepts, annotated further reading at the end of each chapter, endnotes, and a full bibliography. Topics addressed include: the problem of universals the nature of abstract entities the problem of individuation the nature of modality identity through time the nature of time the nature of parts and wholes the problem of metaphysical indeterminacy the Realism/anti-Realism debate. Wherever possible, Michael J. Loux and Thomas M. Crisp relate contemporary views to their classical sources in the history of philosophy. As experienced teachers of philosophy and important contributors to recent debates, Loux and Crisp are uniquely qualified to write this book. (shrink)

The basic question of ontology is “What exists?”. The basic question of metaontology is: are there objective answers to the basic question of ontology? Here ontological realists say yes, and ontological anti-realists say no. (Compare: The basic question of ethics is “What is right?”. The basic question of metaethics is: are there objective answers to the basic question of ethics? Here moral realists say yes, and moral anti-realists say no.) For example, the ontologist may ask: Do numbers exist? The Platonist (...) says yes, and the nominalist says no. The metaontologist may ask: is there an objective fact of the matter about whether numbers exist? The ontological realist says yes, and the ontological anti-realist says no. Likewise, the ontologist may ask: Given two distinct entities, when does a mereological sum of those entities exist? The universalist says always, while the nihilist says never. The metaontologist may ask: is there an objective fact of the matter about whether the mereological sum of two distinct entities exists? The ontological realist says yes, and the ontological anti-realist says no. Ontological realism is often traced to Quine (1948), who held that we can determine what exists by seeing which entities are endorsed by our best scientific theory of the world. In recent years, the practice of ontology has often presupposed an ever-stronger ontological realism, and strong versions of ontological realism have received explicit statements by Fine (this volume), Sider (2001; this volume), van Inwagen (1998; this volume), and others. (shrink)

How do you know your own beliefs? And how well do you know them? The two questions are related. I’ll recommend a pluralist answer to the first question. The answer to the second question, I’ll suggest, varies depending on features of the case.

In this paper we set out a Quinean approach to metaphysics. We evaluate Eli Hirsch's and Amie Thomasson's deflationary metaphysics and set out our metametaphysical framework.

Region R Question: How many objects — entities, things — are contained in R? Ignore the empty space. Our question might better be put, 'How many material objects does R contain?' Let's stipulate that A, B and C are metaphysical atoms: absolutely simple entities with no parts whatsoever besides themselves. So you don't have to worry about counting a particle's top half and bottom half as different objects. Perhaps they are 'point-particles', with no length, width or breadth. Perhaps they are (...) extended in space without possessing spatial parts (if that is possible). Never mind. We stipulate that A, B and C are perfectly simple. We also stipulate that they are connected as follows. A and B are stuck together in such a way that when a force is applied to one of them, they move together 'as a unit'. Moreover, the two of them together exhibit behavior that neither would exhibit on its own — Perhaps they emit a certain sound, or glow in the dark — whereas C is.. (shrink)