am going to discuss some issues inspired by a well-known paper ofKeith Donnellan, "Reference and Definite Descriptions,”2 but the interest—to me—of the contrast mentioned in my title goes beyond Donnellan's paper: I think it is of considerable constructive as well as critical importance to the philosophy oflanguage. These applications, however, and even everything I might want to say relative to Donnellan’s paper, cannot be discussed in full here because of problems of length. Moreover, although I have a considerable interest in (...) the substantive issues raised by Donnellan’s paper, and by related literature, my own conclusions will be methodological, not substantive. I can put the matter this way: Donnellan’s paper claims to give decisive objections both to Russell’s theory of definite descriptions (taken as a theory about English) and to Strawson’s. My concem is not primarily with the question; is Donnellan right, or is Russell (or Strawson)? Rather, it is with the question: do the considerations in Donneilarfs paper refute Russell’s theory (or Strawson’s)? For definiteness, I will concentrate on Donnellan versus Russell, leaving Strawson aside. And about this issue I will draw a definite conclusion, one which I think will illuminate a few methodological maxims about language. Namely, I will conclude that the considerations in Donnellan’s paper, by themselves, do not refute Russell’s theory. Any conclusions about Russell’s views per se, or Donnellan’s, must be tentative, IfI were to be asked for a tentative stab about Russell, I would say that although his theory does a far better job of handling ordinary discourse than many have thought, and although many popular arguments against it are inconclusive, probably it ultimately fails. The considerations I have in mind have to do with the existence of “improper” definite descriptions, such as “the table," where uniquely specifying conditions are not contained in the description itself.. (shrink)

In a recent comment on H.L.A. Hart’s ‘Postscript’ to The Concept of Law, Ronald Dworkin claims that the meaning of legal and political concepts may be understood by analogy to the meaning of natural kind concepts like ‘tiger’, ‘gold’ and ‘water’. This article questions the efficacy of Dworkin’s claims by challenging the use of natural kinds as the basis for a semantic theory of legal and political concepts. Additionally, in matters of value there is no methodological equivalent to the scientific (...) method. Thus, there is little hope of finding hidden essences to explain the meaning of legal and political concepts. Finally, even if there are natural kinds, Dworkin’s arguments for their efficacy in jurisprudence are problematic and unpersuasive. The problem for Dworkin is that his embrace of natural kinds undermines the ‘fit’ side of the fit/justification model of adjudication that lies at the heart of his theory of law. (shrink)

Recent arguments for relativist semantic theories have centered on the phenomenon of “faultless disagreement.” This paper offers independent motivation for such theories, based on the interpretation of predicates of personal taste in certain attitude contexts and presuppositional constructions. It is argued that the correct interpretation falls out naturally from a relativist theory, but requires special stipulation in a theory which appeals instead to the use of hidden indexicals; and that a hidden indexical analysis presents problems for contemporary syntactic theory.

Several years ago I prepared a point-by-point response to this postscript as a working paper for the NYU Colloquium in Legal, Moral and Political Philosophy. I have not yet published that paper, but I understand that copies of it are in circulation. I do not intend to recapitulate the arguments of that working paper, but instead to concentrate on one aspect of Hart's Postscript, which is his defence of Archimedean jurisprudence. I shall have something to say about his own legal (...) philosophy, which was a form of legal positivism. But I shall mainly be concerned about the method that he said generated his legal positivism. (shrink)

Definite descriptions, I shall argue, have two possible functions. 1] They are used to refer to what a speaker wishes to talk about, but they are also used quite differently. Moreover, a definite description occurring in one and the same sentence may, on different occasions of its use, function in either way. The failure to deal with this duality of function obscures the genuine referring use of definite descriptions. The best known theories of definite descriptions, those of Russell and Strawson, (...) I shall suggest, are both guilty of this. Before discussing this distinction in use, I will mention some features of these theories to which it is especially relevant. (shrink)

This article is an attempt to develop a practical politico-jurisprudential account of the corporate person, which it does by building on contemporary ideas about collective and shared intentions. It argues for a model of shared intentions, which posits a set of interlocking preferences, and other supporting attitudes. It examines the work of Bratman, Gilbert, Hurley, and Sugden and addresses issues of choice, coercion and will.

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.

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and ratified: (...) subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)