This study looks to the work of Tarski's mentors Stanislaw Lesniewski and Tadeusz Kotarbinski, and reconsiders all of the major issues in Tarski scholarship in light of the conception of Intuitionistic Formalism developed: semantics, truth, paradox, logical consequence.

It is argued that a certain form of the view that the semantic paradoxes show that natural languages are "inconsistent" provides the best response to the semantic paradoxes. After extended discussions of the views of Kirk Ludwig and Matti Eklund, it is argued that in its strongest formulation the view maintains that understanding a natural language is sharing cognition of an inconsistent semantic theory for that language with other speakers. A number of aspects of this approach are discussed and a (...) few objections are entertained. (shrink)

The essays can be seen as addressing Tarski's seminal treatment of four basic questions about logical consequence. (1) How are we to understand truth, one of ...

Populists are often cast as deniers of rationality, creators of a climate of “post-truth,” and valuing tribe over truth and the rigors of science. Their critics claim the authority of rationality and empirical facts. Yet the critics no less than populists enable an environment of spurious claims and defective argumentation. This is especially true in the realm of science. An important case study is the account of scientific trust offered by a leading public intellectual and historian of science, Naomi Oreskes, (...) and the misapplication of that theory during the coronavirus pandemic. (shrink)

This is a discussion of different ways of working out the idea that the semantic paradoxes show that natural languages are somehow “inconsistent”. I take the workable form of the idea to be that there are expressions such that a necessary condition of understanding them is that one be inclined to accept inconsistent claims (an conception also suggested by Matti Eklund). I then distinguish “simple” from “complex” forms of such views. On a simple theory, such expressions are meaningless, while on (...) a complex theory they are not. I argue that complex theories are incompatible with truth conditional semantics and that simple theories are only coherent when the inconsistent claims are metalingusitic attributions of meaning. I close with a discussion of the version of the simple metalinguistic theory I have defended in “Understanding the Liar” and other papers. (shrink)

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

(Beall ed. The Revenge of the Liar, forthcoming from Oxford University Press) > The main presentation of my approach to the semantic paradoxes. I take them to show that understanding a natural language is sharing a cognitive relation to a logically false semantic theory with other speakers.

Prior researchers have studied individual components of a theoretical decision-making model. This paper presents the results of a more complete study of the model components and presents limited support of theory. The study examines the relative importance of regulatory, organizational, and personal constructs on an individual''s ethical sensitivity. Auditors from the major international accounting firms, located in two southeastern cities, are surveyed. Structural equation modeling is used to allow for the simultaneous evaluation of the three constructs of interest. The results (...) indicate that the regulatory and organizational constructs are negatively correlated with the personal experience construct. The three constructs are not significant causal factors on ethical sensitivity. This result may be due to the manner in which ethical sensitivity is typically measured or may indicate that the complexity of the ethical decision-making process is not fully captured in the theoretical models. Thus, the models suggested in the prior literature and the results presented in prior studies of the individual components may need to be reconsidered. (shrink)

Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.

Controversy has arisen of late over the claim that deflationism about truth requires that we explain meaning in terms of something other than truth-conditions. This controversy, it is argued, is due to unclarity as to whether the basic deflationary claim that a sentence and a sentence that attributes truth to it are equivalent in meaning is intended to involve the truth- predicate of the object language for which we develop an account of meaning, or is intended to involve the truth- (...) predicate of the metalanguage in which we develop an account of meaning. The former view is compatible with the truth-conditional theory of meaning for the object language, the latter is incompatible with it. However, the former view is also trivially true; hence we should endorse the claim that any form of deflationism worth being interested in is incompatible with understanding meaning truth-conditionally. (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)

It is often thought that instances of the T-schema such as snow is white is true if and only if snow is white state correspondences between sentences andthe world, and that therefore such sentences play a crucial role in correspondence theories oftruth. I argue that this assumption trivializes the correspondence theory: even a disquotationaltheory of truth would be a correspondence theory on this conception. This discussionallows one to get clearer about what a correspondence theory does claim, and toward the end (...) of thepaper I discuss what a true correspondence theory of truth would involve. (shrink)

Taking up a single question--"What does it mean to say a proposition of law is true?"--this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. He offers a powerful alternative account of legal justification, one in which linguistic (...) practice--the use of forms of legal argument--holds the key to legal meaning. (shrink)

Ronald Dworkin famously argued that legal positivism is a defective account of law because it has no account of Theoretical Disagreement. In this article I argue that legal positivism—as advanced by H.L.A. Hart—does not need an account of Theoretical Disagreement. Legal positivism does, however, need a plausible account of interpretation in law. I provide such an account in this article.

Partly due to the influence of Tarski's work, it is commonly assumed that any good theory of truth implies biconditionals of the sort mentioned in Convention T: instances of the T-Schema "s is true in L if and only if p" where the sentence substituted for "p" is equivalent in meaning to s. I argue that we must take care to distinguish the claim that implying such instances is sufficient for adequacy in an account of truth from the claim that (...) doing so is necessary. The claim that doing so is sufficient is a common component of deflationary theories of truth, while the claim that it is necessary, though often assumed, must be denied by proponents of rival inflationary theories of truth. I discuss the clarification of the debate between these views of truth that results from distinguishing the necessity and the sufficiency claims, and examine the prospects for its resolution. (shrink)

In recent articles Fodor and Lepore have argued that not only do considerations of learnability dictate that meaning must be compositional in the wellknown sense that the meanings of all sentences are determined by the meanings of a finite number of primitive expressions and a finite number of operations on them, but also that meaning must be 'reverse compositional' as well, in the sense that the meanings of the primitive expressions of which a complex expression is composed must be determined (...) by the meaning of that complex expression plus the manner of its composition. I argue against the requirement of reverse compositionality and against the claim that learnability requires it. I consider some objections and close the paper by arguing against the related claim that concepts are reverse compositional. (shrink)

The articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures ...

(Pacific Philosophical Quarterly 2007) > Another look at Bar-On, Horisk and Lycan’s criticism of deflationism. I claim that their argument turns on a simple confusion about definitions and thereby fails to establish that deflationism somehow requires meaning to be explained in terms of truth conditions.

Tarski’s Convention T is often taken to claim that it is both sufficient and necessary for adequacy in a definition of truth that it imply instances of the T-schema where the embedded sentence translates the mentioned sentence. However, arguments against the necessity claim have recently appeared, and, furthermore, the necessity claim is actually not required for the indefinability results for which Tarski is justly famous; indeed, Tarski’s own presentation of the results in the later Undecidable Theories makes no mention of (...) an assumption to the effect that the definition of truth implies the biconditionals. This raises a question: was Tarski in fact committed to the necessity claim in the important papers of the 1930s and 40s? I argue that he was not. The discussion of this apparently esoteric interpretive issue in fact gets to the heart of many important questions about truth, and in the final sections of the paper I discuss the importance of the T-biconditionals in the theory of meaning and the relation of deflationary and inflationary theories of truth to the semantic paradoxes. (shrink)

Robert Alexy has built his original theory of law upon pervasive claims for “necessary” features of law. In this article, I show that Alexy's claims suffer from two difficulties. First, Alexy is never clear about what he means by “necessity.” Second, Alexy writes as if there have been no challenges to claims of conceptual necessity. There have been such challenges and Alexy needs to answer them if his project is to succeed.

Arguments for the importance of neuroscience reach across many disciplines. Advocates of neuroscience have made wide-ranging claims for neuroscience in the realms of ethics, value, and law. In law, for example, many scholars have argued for an increased role for neuroscientific evidence in the assessment of criminal responsibility. In this article, we take up claims for the explanatory role of neuroscience in matters of morals and law. Drawing on our previous work together, we assess the cogency of neuroscientific explanations of (...) three issues that arise in these domains: rule-following, interpretation, and knowledge. We critique these explanations and in general challenge claims as to the efficacy of the neuroscientific accounts. (shrink)

The question What makes a promise binding? has received much attention both from philosophers and lawyers. One argument is that promises are binding because the act of making a promise creates expectations in the promisee, which expectations it would be morally wrong to disappoint. Another argument is grounded in the effects engendered by the making of a promise, specifically actions taken in reliance upon the promise. These two positions, the so-called expectation and reliance theories, have traditionally been thought to be (...) incommensurable. In a recent article, Promises and Practices, Thomas Scanlon advances a theory of promising developed out of both of these positions. This article argues that Scanlon 's argument fails because it cannot avoid the incommensurability of the expectation and reliance principles. (shrink)

Wittgenstein's distinction between understanding and interpretation is fundamental to the account of meaning in _Philosophical Investigations. In his discussion of rule-following, Wittgenstein explicitly rejects the idea that understanding or grasping a rule is a matter of interpretation. Wittgenstein explains meaning and rule-following in terms of action, rejecting both realist and Cartesian accounts of the mental. I argue that in his effort to employ Wittgenstein's views on meaning and rule-following, Professor Morawetz embraces the position Wittgenstein rejects. In the course of making (...) his case for law as a "deliberative practice", Professor Morawetz embraces interpretation as a fundamental element of human practices, thereby taking up precisely the view Wittgenstein rejects. (shrink)

This is a discussion of different ways of working out the idea that the semantic paradoxes show that natural languages are somehow “inconsistent”. I take the workable form of the idea to be that there are expressions such that a necessary condition of understanding them is that one be inclined to accept inconsistent claims (an conception also suggested by Matti Eklund). I then distinguish “simple” from “complex” forms of such views. On a simple theory, such expressions are meaningless, while on (...) a complex theory they are not. I argue that complex theories are incompatible with truth conditional semantics and that simple theories are only coherent when the inconsistent claims are metalingusitic attributions of meaning. I close with a discussion of the version of the simple metalinguistic theory I have defended in “Understanding the Liar” and other papers. (shrink)

John Hyman makes a good case for the proposition that duress defeases what would otherwise be a voluntary act. In this article, I consider Hyman's arguments in the context of economic duress and conclude that while Hyman makes an excellent case for the proposition that duress vitiates voluntariness, there may be cases where the law might not want to allow the defence of duress.

Discussions of metaphysical grounding have recently found their way into general jurisprudence. It is becoming increasingly common to frame the debate between positivism and antipositivism as a disagreement about what facts metaphysically ground legal facts. In this article we critically evaluate this grounding turn. First, we argue that articulating the debate about the nature of law in terms of grounding holds the promise of recasting it in a common vocabulary. Second, we argue that this comes at a cost: framing the (...) debate in this way obscures a range of further disagreements that cannot be usefully analyzed in terms of metaphysical grounding. We conclude that grounding may give us a clearer picture of what we already knew, while obfuscating a number of important questions to which it cannot, and is not intended to, provide answers. (shrink)

Can we know what the law is? This is the question to which Alexander Somek directs his attention in Knowing What the Law Is.1 The book is erudite, panoptic, exquisitely written and more than a litt...

Discover how pressing contemporary moral issues can be approached and discussed in a distinct and coherently theological fashion. This book displays a more direct approach that has the distinct advantage of being approachable, dramatic, and contemporary. Each chapter approaches its subject matter by demonstrating how the sources of Christian moral reasoning-Scripture and church doctrine-can be imaginatively brought to bear on contemporary moral perplexities. This mode of teaching shows in tangible ways how the Christian gospel does in fact reveal our moral (...) world in clear and penetrating ways. (shrink)

RAID-II is a high-bandwidth, network-attached storage server designed and implemented at the University of California at Berkeley. In this paper, we measure the performance of RAID-II and evaluate various architectural decisions made during the design process. We first measure the end-to-end performance of the system to be approximately 20 MB/s for both disk array reads and writes. We then perform a bottleneck analysis by examining the performance of each individual subsystem and conclude that the disk subsystem limits performance. By adding (...) a custom interconnect board with a high-speed memory and bus system and parity engine, we are able to achieve a performance speedup of 8 to 15 over a comparative system using only off-the-shelf hardware. (shrink)

Stephen Morse’s illuminating scholarship on law and neuroscience relies on a “folk psychological” account of human behavior in order to defend the law’s foundations for ascribing legal responsibility. The heart of Morse’s account is the notion of “mental state causation,” in which mental states cause behavior. Morse argues that causation of this sort is necessary to support legal responsibility. We challenge this claim. First, we discuss problems with the conception of mental causation on which Morse appears to rely. Second, we (...) present an alternative account to explain the link between mental states, reasons, and actions. We argue that the alternative account avoids the conceptual problems that arise for Morse’s conception of mental causation and that it also undergirds ascriptions of legal responsibility. If the alternative succeeds, then Morse’s conception of “mental state causation” is not necessary to support legal responsibility. (shrink)