Reissued here in its corrected second edition of 1864, this essay by John Stuart Mill argues for a utilitarian theory of morality. Originally printed as a series of three articles in Fraser's Magazine in 1861, the work sought to refine the 'greatest happiness' principle that had been championed by Jeremy Bentham, defending it from common criticisms, and offering a justification of its validity. Following Bentham, Mill holds that actions can be judged as right or wrong depending on whether they promote (...) happiness or 'the reverse of happiness'. Although attracted by Bentham's consequentialist framework based on empirical evidence rather than intuition, Mill separates happiness into 'higher' and 'lower' pleasures, arguing for a weighted system of measurement when making and judging decisions. Dissected and debated since its first appearance, the essay is Mill's key discussion on the topic and remains a fundamental text in the study of ethics. (shrink)

This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to ...

In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.

John Stuart Mill's Utilitarianism is one of the most important, controversial, and suggestive works of moral philosophy ever written. Mill defends the view that all human action should produce the greatest happiness overall, and that happiness itself is to be understood as consisting in "higher" and "lower" pleasures. This volume uses the 1871 edition of the text, the last to be published in Mill's lifetime. The text is preceded by a comprehensive introduction assessing Mill's philosophy and the alternatives to utilitarianism, (...) and discussing some of the specific issues Mill raises in Utilitarianism. (shrink)

matter of knowing that -- that injustice is wrong, courage is valuable, and care is As a result, what I'll be doing is primarily defending in general -- and due. Such knowledge is embodied in a range of capacities, abilities, and skills..

Bentham's best-known book stands as a classic of both philosophy and jurisprudence. The 1789 work articulates an important statement of the foundations of utilitarian philosophy — it also represents a pioneering study of crime and punishment. Bentham's reasoning remains central to contemporary debates in moral and political philosophy, economics, and legal theory.

This book discusses and aims to clarify the issue of describing conduct and character as ‘good’ or ‘bad’, or as ‘right’ or ‘wrong’. The book states that one of the main factors that have made this issue obscure is the illusion of some anti-naturalists that purely logical considerations can settle it. It clearly defines the limitations of the discussions: it is not concerned with the ‘other things’ people use to define conduct and character. The book attempts to consider the issue (...) from the purely logician point of view and suggests to the naturalists and anti-naturalists how their positions may be freed from logical faults. The book also introduces the ‘logic of ethics’, which is not a special kind or branch of logic, but rather an application of it. (shrink)

H.L.A. Hart'sThe Concept of Lawis the most important and influential book in the legal positivist tradition. Though its importance is undisputed, there is a good deal less consensus regarding its core commitments, both methodological and substantive. With the exception of an occasional essay, Hart neither further developed nor revised his position beyond the argument of the book. The burden of shaping the prevailing understanding of his views, therefore, has fallen to others: notably, Joseph Raz among positivists, and Ronald Dworkin among (...) positivism's critics. Dworkin, in particular, has framed, then reframed, the conventional understanding, not only of Hart's positivism, but of the terms of the debate between positivists and him. While standing on the sidelines, Hart witnessed the unfolding of not only a lively debate between positivists and Dworkin, but an equally intense one among positivists as to positivism's (and his) core claims. The most important debate has been between so-called inclusive and exclusive positivists: a debate as much about Hart's legacy as about the proper interpretation of legal positivism. (shrink)

Philosophers have long suspected that thought and discourse about what we ought to do differ in some fundamental way from statements about what is. But the difference has proved elusive, in part because the two kinds of statement look alike. Focusing on judgments that express decisions--judgments about what is to be done, all things considered--Allan Gibbard offers a compelling argument for reconsidering, and reconfiguring, the distinctions between normative and descriptive discourse--between questions of "ought" and "is." Gibbard considers how our actions, (...) and our realities, emerge from the thousands of questions and decisions we form for ourselves. The result is a book that investigates the very nature of the questions we ask ourselves when we ask how we should live, and that clarifies the concept of "ought" by understanding the patterns of normative concepts involved in beliefs and decisions. An original and elegant work of metaethics, this book brings a new clarity and rigor to the discussion of these tangled issues, and will significantly alter the long-standing debate over "objectivity" and "factuality" in ethics. Table of Contents: I. Preliminaries 1. Introduction: A Possibility Proof 2. Intuitionism as Template: Emending Moore II. The Thing to Do 3. Planning and Ruling Out: The "Frege-Geach" Problem 4. Judgment, Disagreement, Negation 5. Supervenience and Constitution 6. Character and Import III. Normative Concepts 7. Ordinary Oughts: Meaning and Motivation 8. Normative Kinds: Patterns of Engagement 9. What to Say about the Thing to Do: The Expressivistic Turn and What it Gains Us IV. Knowing What to Do 10. Explaining with Plans 11. Knowing What to Do 12. Ideal Response Concepts 13. Deep Vindication and Practical Confidence 14. Impasse and Dissent References Index This is a remarkable book. It takes up a central and much-discussed problem - the difference between normative thought and "descriptive" thought. It develops a compelling response to that problem with ramifications for much else in philosophy. But perhaps most importantly, it brings new clarity and rigor to the discussion of these tangled issues. It will take some time to come to terms with the details of Gibbard's discussion. It is absolutely clear, however, that the book will reconfigure the debate over objectivity and "factuality" in ethics. --Gideon Rosen, Professor of Philosophy, Princeton University Gibbard,/author> writes elegantly, and the theory he develops is innovative, philosophically sophisticated, and challenging. Gibbard defends his theory vigorously and with admirable intellectual honesty. --David Copp, Professor of Philosophy, Bowling Green State University. (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)

According to H.L.A. Hart's analysis, to utter an internal legal statement is partly to express an acceptance of a set of norms. This article attempts to defend Hart's conception of internal legal discourse by responding to the following three lines of criticism that can be found in Joseph Raz's writings: (i) that Hart's analysis fails to account for what Raz calls ‘detached legal statements’; (ii) that Hart's deployment of the notion of acceptance in his analysis vitiates his legal positivist project (...) because such acceptance necessarily amounts to moral endorsement; and (iii) that Hart is wrong to assume that normative practices, including discursive legal practices, can be characterized satisfactorily by deploying only descriptive statements. I argue that Hart's theory, or at least a theory along the lines that Hart developed, has sufficient resources to handle satisfactorily these criticisms. His world is a noonday world in which sharply outlined figures, most of them more than a little singular, act in describable ways against perceptible backgrounds. Clifford Geertz, speaking of Sir Edward Evan Evans-Pritchard. (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 ...

Lays out basics of planning theory of law. Roughly, characterizes the internal point of view as a complex planning intention rather than a response to a recurring coordination problem. We are not responding to such a problem per se, but rather to a cooperation problem - and thus the structure of the attitude or intention must be different. It is officials who have the relevant attitude. Does not reject conventionalism, but argues that the convention is of a different sort than (...) is typically thought. Considers the basic commitment of legal positivism to be a commitment law as social fact. (shrink)

Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil disobedience (...) -- A right to dissent? : conscientious objection --The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism. (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)

John Mackie's stimulating book is a complete and clear treatise on moral theory. His writings on normative ethics-the moral principles he recommends-offer a fresh approach on a much neglected subject, and the work as a whole is undoubtedly a major contribution to modern philosophy.The author deals first with the status of ethics, arguing that there are not objective values, that morality cannot be discovered but must be made. He examines next the content of ethics, seeing morality as a functional device, (...) basically the same at all times but changing significantly in response to changes in the human condition. He sketches a practical moral system, criticizing but also borrowing from both utilitarian and absolutist views. Thirdly, the frontiers of ethics, areas of contact with psychology, metaphysics, theology, law and politcs, are explored.Throughout, his aim is to discuss a wide range of questions that are both philosophical and practical, working within a distinctive version of subjectivism-an "error" theory of the apparent objectivity of values. John Mackie has drawn on the contributions of such classic thinkers as Plato, Aristotle, Hobbes, Hume, Kant and Sidgwick, and on more recent discussions, to produce a thought-provoking account that will inspire both the general reader and the student of philosophy. (shrink)

In this book Saul Kripke brings his powerful philosophical intelligence to bear on Wittgenstein's analysis of the notion of following a rule.

In this work, the author has fashioned out of the logical and linguistic theses of his earlier books a full-scale but readily intelligible account of moral argument.

My thesis is that morality arises when a group of people reach an implicit agreement or come to a tacit understanding about their relations with one another. Part of what I mean by this is that moral judgments - or, rather, an important class of them - make sense only in relation to and with reference to one or another such agreement or understanding. This is vague, and I shall try to make it more precise in what follows. But it (...) should be clear that I intend to argue for a version of what has been called moral relativism. (shrink)

This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

I offer a new argument against the legal positivist view that non-normative social facts can themselves determine the content of the law. I argue that the nature of the determination relation in law is rational determination: the contribution of law-determining practices to the content of the law must be based on reasons. That is why it must be possible in principle to explain what makes the law have the content that it does. It follows, I argue, that non-normative facts about (...) statutes, judicial decisions, and other practices cannot themselves determine the content of the law. A full account must appeal to considerations independent of the practices that determine the relevance of the practices to the content of the law. Normative facts are the best candidates. (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.

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)

This book examines some of the deepest questions in philosophy: What is involved in judging a belief, action, or feeling to be rational?

An original and elegant work of metaethics, this book brings a new clarity and rigor to the discussion of these tangled issues, and will significantly alter the ...

I can ask myself what to do, and I can ask myself what I ought to do. Are these the same question? We can imagine conjuring up a distinction, I’m sure. Suppose, though, I just told you this: “I have figured out what I ought to do, and I have figured out what to do.” Would you understand immediately what distinction I was making? To do so, you would have to exercise ingenuity. I have in mind here an “all things (...) considered” ought that I can use in my thinking, an ought that is not specifically moral, in that it doesn’t settle by sheer rules of language that I ought always to abide by morality. For this ought, the question of what I ought to do seems just to be the question of what to do. (shrink)

I can ask myself what to do, and I can ask myself what I ought to do. Are these the same question? We can imagine conjuring up a distinction, I’m sure. Suppose, though, I just told you this: “I have figured out what I ought to do, and I have figured out what to do.” Would you understand immediately what distinction I was making? To do so, you would have to exercise ingenuity. I have in mind here an “all things (...) considered” ought that I can use in my thinking, an ought that is not specifically moral, in that it doesn’t settle by sheer rules of language that I ought always to abide by morality. For this ought, the question of what I ought to do seems just to be the question of what to do. (shrink)

A clear, accessible exploration of how and why we love by prominent philosopher and bestselling author Harry Frankfurt In The Reasons of Love, leading moral philosopher and bestselling author Harry Frankfurt argues that the key to a fulfilled life is to pursue wholeheartedly what one cares about, that love is the most authoritative form of caring, and that the purest form of love is, in a complicated way, self-love. Through caring, we infuse the world with meaning. Caring provides us with (...) stable ambitions and concerns; it shapes the framework of aims and interests within which we lead our lives. Frankfurt goes on to explain that the most important form of caring is love, a nonvoluntary, disinterested concern for the flourishing of what is loved. And he contends that the purest form of love is self-love. This sounds perverse, but self-love—as distinct from self-indulgence—is at heart a disinterested concern for whatever it is that the person loves. The most elementary form of self-love is nothing more than the desire of a person to love. Insofar as this is true, self-love is simply a commitment to finding meaning in our lives. (shrink)

Hartry Field; XV*—The A Prioricity of Logic, Proceedings of the Aristotelian Society, Volume 96, Issue 1, 1 June 1996, Pages 359–380, https://doi.org/10.1093/ar.