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)

What is it for marks or sounds to have meaning, and what is it for someone to mean something in producing them? Answering these and related questions, Schiffer explores communication, speech acts, convention, and the meaning of linguistic items in this reissue of a seminal work on the foundations of meaning. A new introduction takes account of recent developments and places his theory in a broader context.

Following the pioneering work of David Lewis, many philosophers believe that the rationale of following a convention consists in the fact that conventions are solutions to recurrent coordination problems. Margaret Gilbert has criticised this view, offering an alternative account of the nature of conventions and their normative aspect. In this paper I argue that Gilbert's criticism of Lewis and her alternative suggestions rest on serious misunderstandings. As between these two opposed views, Lewis's is closer to the truth, but I argue (...) only with respect to one type of convention. There is another, important type of conventions, whose normativity does not consist in the solution of coordination problems. The validity of conventions constituting (what I call) autonomous practices can only be derived from the values inherent in the practices they constitute and those values cannot be specified independently of the conventions themselves. (shrink)

_ Convention_ was immediately recognized as a major contribution to the subject and its significance has remained undiminished since its first publication in 1969. Lewis analyzes social conventions as regularities in the resolution of recurring coordination problems-situations characterized by interdependent decision processes in which common interests are at stake. Conventions are contrasted with other kinds of regularity, and conventions governing systems of communication are given special attention.

This book uses game theory to analyse the creation, evolution and function of economic and social institutions. The author illustrates his analysis by describing the organic or unplanned evolution of institutions such as the conventions of war, the use of money, property rights and oligopolistic pricing conventions. Professor Schotter begins by linking his work with the ideas of the philosophers Rawls, Nozick and Lewis. Institutions are regarded as regularities in the behaviour of social agents, which the agents themselves tacitly create (...) to solve a wide variety of recurrent problems. The repetitive nature of the problems permits them to be described as a recurrent game or 'supergame.' The agents use these regularities as informational devices to supplement the information contained in competitive prices. The final chapter explores the applicability of this theory, first by relating it to previous work on the theory of teams, hierarchies, and non-maximizing decision theory, and then by using it to provide a new approach to a variety of questions both within and outside economics. (shrink)

In this paper I show that the definition of convention offered by david lewis in his book "convention: a philosophical study" fails to shed much light on "our common, Established concept of convention." first I set out lewis' definition of convention. I then show, Via counterexample, That satisfaction of lewis' definition is not a necessary condition for something to be a convention. I also show via counterexample that it is doubtful that satisfaction of lewis' definition is a sufficient condition for (...) something to be a convention. I conclude that lewis has invented a new concept of convention that is seriously at odds with the established concept of convention. (shrink)

What is a social rule? This paper first notes three important problems for H.L.A. Hart's famous answer in the Concept of Law. An alternative account that avoids the problems is then sketched. It is less individualistic than Hart's and related accounts. This alternative account can explain a phenomenon observed but downplayed by Hart: the parties to a social rule feel that they are in some sense 'bound' to conform to it.

What is a social rule? This paper first notes three important problems for H.L.A. Hart’s famous answer in the Concept of Law. An alternative account that avoids the problems is then sketched. It is less individualistic than Hart’s and related accounts. This alternative account can explain a phenomenon observed but downplayed by Hart: the parties to a social rule feel that they are in some sense ‘bound’ to conform to it.

This article offers a critique of Thomas Scanlon's well-known account of promissory obligation by reference to the rights of promisees. Scanlon's account invokes a moral principle, the "principle of fidelity". Now, corresponding to a promisor's obligation to perform is a promisee's right to performance. It is argued that one cannot account for this right in terms of Scanlon's principle. This is so in spite of a clause in the principle relating to the promisee's "consent", which might have been thought to (...) do the trick. Most likely this argument can be applied to all "moral principle" accounts of promissory obligation. An alternative both to these and to "social practice" accounts is needed. (shrink)

One of the most distinguished living social philosophers, Margaret Gilbert develops and extends her application of plural subject theory of human sociality, first introduced in her earlier works On Social Facts and Living Together. Sociality and Responsibility presents an extended discussion of her proposal that joint commitments inherently involve obligations and rights, proposing, in effect, a new theory of obligations and rights. In addition, it demonstrates the extensive range and fruitfulness of plural subject theory by presenting accounts of social rules, (...) scientific change, political obligation, collective remorse, collective guilt, shared intention and an important class of rights and obligations. (shrink)

Collective action is interpreted as a matter of people doing something together, and it is assumed that this involves their having a collective intention to do that thing together. The account of collective intention for which the author has argued elsewhere is presented. In terms that are explained, the parties are jointly committed to intend as a body that such-and-such. Collective action problems in the sense of rational choice theory—problems such as the various forms of coordination problem and the prisoner’s (...) dilemma—are then considered. An explanation is given of how, when such a problem is interpreted in terms of the parties’ inclinations, a suitable collective intention resolves the problem for agents who are rational in a broad sense other than the technical sense of game theory. Key Words: rationality • collective action • collective intention • joint commitment. (shrink)

A number of authors, Including Thomas Schelling and David Lewis, have envisaged a model of the generation of action in coordination problems in which salience plays a crucial role. Empirical studies suggest that human subjects are likely to try for the salient combination of actions, a tendency leading to fortunate results. Does rationality dictate that one aim at the salient combination? Some have thought so, Thus proclaiming that salience is all that is needed to resolve coordination problems for agents who (...) are rational in the sense of game theory. I argue against this position; rational agents will not necessarily aim for the salient. It remains to explain how the salient comes to be chosen by human beings. Various possibilities are noted. One involves a mechanism invoked by Hume and Wittgenstein in other contexts: we may project an unreasoned compulsion onto reason, falsely believing that rationality dictates our choice of the salient. (shrink)

Philosophers using game-theoretical models of human interactions have, I argue, often overestimated what sheer rationality can achieve. (References are made to David Gauthier, David Lewis, and others.) In particular I argue that in coordination problems rational agents will not necessarily reach a unique outcome that is most preferred by all, nor a unique 'coordination equilibrium' (Lewis), nor a unique Nash equilibrium. Nor are things helped by the addition of a successful precedent, or by common knowledge of generally accepted personal principles. (...) Commitments like those generated by agreements may be necessary for rational expectations to arise. Social conventions, construed as group principles (following the analysis in my book On Social Facts), would suffice for this task. (shrink)

This book offers original accounts of a number of central social phenomena, many of which have received little if any prior philosophical attention. These phenomena include social groups, group languages, acting together, collective belief, mutual recognition, and social convention. In the course of developing her analyses Gilbert discusses the work of Emile Durkheim, Georg Simmel, Max Weber, David Lewis, among others.

I argue that obligations of an important type inhere in what I call 'joint commitments'. I propose a joint commitment account of everyday agreements. This could explain why some philosophers believe that we know of the obligating nature of agreements a priori. I compare and contrast obligations of joint commitment with obligations in the relatively narrow sense recommended by H. L. A. Hart, a recommendation that has been influential. Some central contexts in which Hart takes there to be obligations in (...) his sense are contexts in which there are obligations of joint commitment. Nonetheless, different senses of 'obligation' appear to be at issue. (shrink)

A feature of David Lewis's account of conventions in his book "Convention" which has received admiring notices from philosophers is his use of the mathematical theory of games. In this paper I point out a number of serious flaws in Lewis's use of game theory. Lewis's basic claim is that conventions cover 'coordination problems'. I show that game-Theoretical analysis tends to establish that coordination problems in Lewis's sense need not underlie conventions.

The question whether and in what way languages and language use involve convention is addressed, With special reference to David Lewis's account of convention in general. Data are presented which show that Lewis has not captured the sense of 'convention' involved when we speak of adopting a linguistic convention. He has, In effect, attempted an account of social conventions. An alternative account of social convention and an account of linguistic convention are sketched.

It is argued that david lewis' account of convention in "convention" required too much self-Consciousness of parties participating in a convention. In particular, It need not be known that there are equally good alternatives to the convention. This point affects other features of the definition, And suggests that the account is too much guided by the "rational assembly" picture of human conventions. (edited).

The result is nothing less than a fundamental reorientation of moral theory that enables it at last to account for morality's supreme authority--an account that ...

Does one have special obligations to support the political institutions of one’s own country precisely because it is one’s own? In short, does one have political obligations? This book argues for an affirmative answer, construing one’s country as a political society of which one is a member, and a political society as a special type of social group. The obligations in question are not moral requirements derived from general moral principles. They come, rather, from one’s participation in a special kind (...) of commitment: a joint commitment. This theory is referred to as the plural subject theory of political obligation since, by the author’s definition, those who are party to any joint commitment constitute a plural subject of some action in a broad sense of the term. Several alternative theories are compared and contrasted with plural subject theory, with a particular focus on the most famous — actual contract theory — according to which membership in a political society is a matter of participation in an agreement. The book offers plural subject accounts of both social rules and everyday agreements, and includes discussion of political authority and punishment. (shrink)

Analyzes the nature of international disagreements and conflict resolution in terms of game theory and non-zero-sum games.

At the start of Convention (1969) Lewis says that it is "a platitude that language is ruled by convention" and that he proposes to give us "an analysis of convention in its full generality, including tacit convention not created by agreement." Almost no clause, however, of Lewis's analysis has withstood the barrage of counter examples over the years,1 and a glance at the big dictionary suggests why, for there are a dozen different senses listed there. Left unfettered, convention wanders freely (...) from conventional wisdom through conventional medicine, conventions of art and "conventions of morality" to conventions of bidding in bridge.2 Surely it is unwise to try to fell these all with a single stone. Lewis's original goal, however, pursued further in (Lewis 1975), was to describe the conventionality of language, and this may be a more reasonable target. (shrink)

One does not simply predict where the other will go, which is wherever the first predicts the second to predict the first to go, and so ad infinitum. Not "What would I do if I were she?" but "What would I do if I were she wondering what she would do if she were wondering what I would do if I were she...?".

May social unity - the unity of a society or social group - be a matter of sharing values? Political philosophers disagree on this topic. Kymlicka answers: No. Devlin and Rawls answer: Yes. It is argued that given one common 'summative' account of sharing values a negative answer is correct. A positive answer is correct, however, given the plural subject account of sharing values. Given this account, those who share values are unified in a substantial way by their participation in (...) a joint commitment. Some consequences of such sharing of values for the liberty of the people involved are noted. (shrink)