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)

Aconvention is a state in which agents coordinate their activity, not as the result of an explicit agreement, but because their expectations are aligned so that each individual believes that all will act so as to achieve coordination for mutual benefit. Since agents are said to follow a convention if they coordinate without explicit agreement, the notion raises fundamental questions: (1) Why do certain conventions remain stable over time?, and (2) How does a convention emerge in the first place? In (...) a pioneering study, Lewis (1969) addresses these questions by applyingnoncooperative game theory. Lewis defines a convention as aNash coordination equilibrium of a noncooperative game that issalient, that is, it is somehow conspicuous to the agents so that all expect one another to conform with the equilibrium. This paper presents a new game theoretic definition of conventions, which formalizes the notion of salience and which also generalizes the class of conventions Lewis discusses in his work. I define a convention as acorrelated equilibrium (Aumann 1974, 1987) satisfying apublic intentions criterion: Every agent wants his intended action to becommon knowledge. I argue that many conventions correspond to correlated equilibria that are not Nash equilibria, and that this is consistent with Lewis' general viewpoint. Finally, I argue that game theoretic characterizations of convention, such as Lewis' and my own, help to explain a convention's stability, but that a fully satisfactory account of the emergence of convention requires a theory of equilibrium selection beyond the scope of Lewis' work. (shrink)

Michael Smith’s moral problem is not about whether to betray one’s friends or one’s country. It is a metaethical problem about how to combine three tempting theses that look mutually inconsistent: moral cognitivism, appraiser internalism about moral judgments and motivation, and a “Humean” account of motivation. In Smith’s formulation, these become: 1. Moral judgements of the form, ‘It is right that I φ’ express a subject’s belief about an objective matter of fact, a fact about what it is right for (...) her to do. 2. [Necessarily] if someone judges that it is right that she φs, then, ceteris paribus, she is motivated to φ. 3. An agent is motivated to act in a certain way just in case she has an appropriate desire and a means-end belief, where belief and desire are, in Hume’s terms, distinct existences. As he notes, many metaethical positions can be classified by the way they seek to escape this apparent inconsistency: noncognitivists deny 1 to preserve 2 and 3, some ethical naturalists deny 2 to save 1 and 3, and some internalist cognitivists deny 3 and keep 1 and 2. Smith devotes a chapter to each of these responses and then defends his own view, which retains all three claims in a position advertised as not only consistent but realist, internalist, and, in a broad sense, naturalist. (shrink)

Introduction -- A default position -- Experience -- The character of experience -- Understanding-experience -- A note about dispositional mental states -- Purely experiential content -- An account of four seconds of thought -- Questions -- The mental and the nonmental -- The mental and the publicly observable -- The mental and the behavioral -- Neobehaviorism and reductionism -- Naturalism in the philosophy of mind -- Conclusion: The three questions -- Agnostic materialism, part 1 -- Monism -- The linguistic argument (...) -- Materialism and monism -- A comment on reduction -- The impossibility of an objective phenomenology -- Asymmetry and reduction -- Equal-status monism -- Panpsychism -- The inescapability of metaphysics -- Agnostic materialism, part 2 -- Ignorance -- Sensory spaces -- Experience, explanation, and theoretical integration -- The hard part of the mind-body problem -- Neutral monism and agnostic monism -- A comment on eliminativism, instrumentalism, and so on -- Mentalism, idealism, and immaterialism -- Mentalism -- Strict or pure process idealism -- Active-principle idealism -- Stuff idealism -- Immaterialism -- The positions restated -- The dualist options -- Frege's thesis -- Objections to pure process idealism -- The problem of mental dispositions -- Mental -- Shared abilities -- The sorting ability -- The definition of mental being -- Mental phenomena -- The view that all mental phenomena are experiential phenomena -- Natural intentionality -- E/c intentionality -- The experienceless -- Intentionality and abstract and nonexistent objects -- Experience, purely experiential content, and n/c intentionality -- Concepts in nature -- Intentionality and experience -- Summary with problem -- Pain and pain -- The neo-behaviorist view -- A linguistic argument for the necessary connection between pain and behavior -- A challenge -- The Sirians -- N.N. Novel -- An objection to the Sirians -- The Betelgeuzians -- The point of the Sirians -- Functionalism, naturalism, and realism about pain -- Unpleasantness and qualitative character -- The weather watchers -- The rooting story -- What is it like to be a weather watcher? -- The aptitudes of mental states -- The argument from the conditions for possessing the concept of space -- The argument from the conditions for language ability -- The argument from the nature of desire -- Desire and affect -- The argument from the phenomenology of desire -- Behavior -- A hopeless definition -- Difficulties -- Other-observability -- Neo-behaviorism -- The concept of mind. (shrink)

Edna Ullmann-Margalit provides an original account of the emergence of norms. Her main thesis is that certain types of norms are possible solutions to problems posed by certain types of social interaction situations. She presents illuminating discussions of Prisoners' Dilemma, co-ordination, and inequality situations.

Breaking a promise is generally taken to involve committing a certain kind of moral wrong, but what (if anything) explains this wrong? According to one influential theory that has been championed most recently by T.M. Scanlon, the wrong involved in breaking a promise is a matter of violating an obligation that one incurs to a promisee in virtue of giving her assurance that one will perform or refrain from performing certain acts. In this paper, we argue that the “Assurance View”, (...) as we call it, is susceptible to two kinds of counterexamples. The first show that giving assurance is not sufficient for incurring the kind of obligation of fulfillment that one violates in breaking a promise. The second show that giving assurance is not necessary. Having shown that the Assurance View fails in these ways, we then very briefly sketch the outline of what we take to be a better view—a view that we claim is not only attractive in its own right and that avoids the earlier counterexamples, but that also affords us a deeper explanation of why the Assurance View seems initially plausible, yet nonetheless turns out to be ultimately inadequate. (shrink)

What is the Moral Problem? NORMATIVE ETHICS VS. META-ETHICS It is a common fact of everyday life that we appraise each others' behaviour and attitudes from ...

Metaethical questions are typically held to be a priori , and therefore impervious to empirical evidence. Here I examine the metaethical claim that motive-internalism about belief , the position that moral beliefs are intrinsically motivating, is true. I argue that belief-internalists are faced with a dilemma. Either their formulation of internalism is so weak that it fails to be philosophically interesting, or it is a substantive claim but can be shown to be empirically false. I then provide evidence for the (...) falsity of substantive belief-internalism. I describe a group of brain-damaged patients who sustain impairment in their moral sensibility: although they have normal moral beliefs and make moral judgments, they are not inclined to act in accordance with those beliefs and judgments. Thus, I argue that they are walking counterexamples to the substantive internalist claim. In addition to constraining our conception of moral reasoning, this argument stands as an example of how empirical evidence can be relevantly brought to bear on a philosophical question typically viewed to be a priori. (shrink)

Why do human beings make and accept promises? What human interest is served by this procedure? Many hold that promising serves what I shall call an information interest, an interest in information about what will happen. And they hold that human beings ought to keep their promises because breaches of promise threaten this interest. On this view human beings take promises seriously because we want correct information about how other human beings are going to act. Some such view is taken (...) for granted by most philosophical accounts of promissory obligation.1 I agree that human beings do want such information and that they often get it by accepting promises. But I doubt that promising exists because it serves this information interest. (shrink)

Just as there are rational requirements on thought, there are rational requirements on action. This book defends a conception of ethics, and a related conception of human nature, according to which altruism is included among the basic rational requirements on desire and action. Altruism itself depends on the recognition of the reality of other persons, and on the equivalent capacity to regard oneself as merely one individual among many.

Ruth Millikan is well known for having developed a strikingly original way for philosophers to seek understanding of mind and language, which she sees as biological phenomena. She now draws together a series of groundbreaking essays which set out her approach to language. Guiding the work of most linguists and philosophers of language today is the assumption that language is governed by prescriptive normative rules. Millikan offers a fundamentally different way of viewing the partial regularities that language displays, comparing them (...) to biological norms that emerge from natural selection. This yields novel and quite radical consequences for our understanding of the nature of public linguistic meaning, the process of language understanding, how children learn language, and the semantics/pragmatics distinction. (shrink)

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.

Content skepticism about practical reason is doubt about the bearing of rational considerations on the activities of deliberation and choice. Motivational skepticism is doubt about the scope of reason as a motive. Some people think that motivational considerations alone provide grounds for skepticism about the project of founding ethics on practical reason. I will argue, against this view, that motivational skepticism must always be based on content skepticism. I will not address the question of whether or not content skepticism is (...) justified. I want only to establish the fact that motivational skepticism has no independent force. (shrink)

This article will compare and contrast two very different accounts of convention: the game-theoretical account of Lewis in Convention, and the account initially proposed by Margaret Gilbert (the present author) in chapter six of On Social Facts, and further elaborated here. Gilbert’s account is not a variant of Lewis’s. It was arrived at in part as the result of a detailed critique of Lewis’s account in relation to a central everyday concept of a social convention. An account of convention need (...) not be judged by that standard. Perhaps it reveals the nature of an important phenomenon. Looked at in that light, these very different accounts are not incompatible. Indeed, neither should be ignored if one is seeking to understand the way in which human beings arrive at some degree of social order. (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.

ACT, CONTENT, AND OBJECT THE TITLE I have chosen for this work is a mere label for a set of problems; the controversial views that have historically been ...

Edna Ullmann-Margalit provides an original account of the emergence of norms. Her main thesis is that certain types of norms are possible solutions to problems posed by certain types of social interaction situations. She presents illuminating discussions of Prisoners' Dilemma, co-ordination, and inequality situations.

In The Grammar of Society, first published in 2006, Cristina Bicchieri examines social norms, such as fairness, cooperation, and reciprocity, in an effort to understand their nature and dynamics, the expectations that they generate, and how they evolve and change. Drawing on several intellectual traditions and methods, including those of social psychology, experimental economics and evolutionary game theory, Bicchieri provides an integrated account of how social norms emerge, why and when we follow them, and the situations where we are most (...) likely to focus on relevant norms. Examining the existence and survival of inefficient norms, she demonstrates how norms evolve in ways that depend upon the psychological dispositions of the individual and how such dispositions may impair social efficiency. By contrast, she also shows how certain psychological propensities may naturally lead individuals to evolve fairness norms that closely resemble those we follow in most modern societies. (shrink)

Combining principles of individual rational choice with a sociological conception of collective action, James Coleman recasts social theory in a bold new way. The result is a landmark in sociological theory, capable of describing both stability and change in social systems. This book provides for the first time a sound theoretical foundation for linking the behavior of individuals to organizational behavior and then to society as a whole. The power of the theory is especially apparent when Coleman analyzes corporate actors, (...) such as large corporations and trade unions. He examines the creation of these institutions, collective decision making, and the processes through which authority is revoked in revolts and revolutions. Coleman discusses the problems of holding institutions responsible for their actions as well as their incompatibility with the family. He also provides a simple mathematical analysis corresponding to and carrying further the verbal formulations of the theory. Finally, he generates research techniques that will permit quantitative testing of the theory. From a simple, unified conceptual structure Coleman derives, through elegant chains of reasoning, an encompassing theory of society. It promises to be the most important contribution to social theory since the publication of Talcott Parsons' Structure of Social Action in 1936. (shrink)

Proposes a new model of contractualism based on an interpersonal, deliberative conception of practical reason which answers the twin demands of moral accuracy and explanatory adequacy.

The 'Evolution of Cooperation' addresses a simple yet age-old question; If living things evolve through competition, how can cooperation ever emerge? Despite the abundant evidence of cooperation all around us, there existed no purely naturalistic answer to this question until 1979, when Robert Axelrod famously ran a computer tournament featuring a standard game-theory exercise called The Prisoner's Dilemma. To everyone's surprise, the program that won the tournament, named Tit for Tat, was not only the simplest but the most "cooperative" entrant. (...) This unexpected victory proved that cooperation - one might even say altruism - is mathematically possible and therefore needs no hidden hand or divine agent to create and sustain it. A great roadblock to the understanding of all sorts of behavior was at last removed. The updated edition includes an extensive new chapter on cooperation in cancer cells and among terrorist organizations. (shrink)

Social action is central to social thought. This centrality reflects the overwhelming causal significance of action for social life, the centrality of action to any account of social phenomena, and the fact that conventions and normativity are features of human activity. This book provides philosophical analyses of fundamental categories of human social action, including cooperative action, conventional action, social norm governed action, and the actions of the occupants of organizational roles. A distinctive feature of the book is that it applies (...) these theories of social action categories to some important moral issues that arise in social contexts such as the collective responsibility for environmental pollution, humanitarian intervention, and dealing with the rights of minority groups. Avoiding both the excessively atomistic individualism of rational choice theorists and implausible collectivist assumptions, this important book will be widely read by philosophers of the social sciences, political scientists and sociologists. (shrink)