In this incisive and thought-provoking book, Francois Venter illuminates the issues arising from the fact that the current language of constitutional law is strongly premised on a particular worldview rooted in the history of the states around the North Atlantic Ocean. Highlighting how this terminological hegemony is being challenged from various directions, Venter explores the problem that all constitutional comparatists face: that they all must use the same words to express different meanings. Offering a compact but comprehensive constitutional history, Venter (...) investigates the ways in which the standard vocabulary does not fit comfortably in many contemporary constitutional orders, as well as examining how its cogency is increasingly being questioned. Chapters contextualize comparative constitutional methods to demonstrate how the language choices made by comparatists are shaped by their own perspectives, arguing that careful explanation of the meanings attached to constitutional terms is imperative in order to be persuasive or even understood. Tackling the foundational elements of the field, this book will be a critical read for constitutional scholars across the globe. It will also be of interest to high-level practitioners of constitutional law and political scientists for its investigation of terminology that is crucial to their work. (shrink)

Cet ouvrage traite de la question capitale : qui est Dieu? Il aborde les problèmes les plus fondamentaux posés par l'homme d'aujourd'hui : est-il possible de connaître Dieu? Quel sens ont nos mots pour dire Dieu? Quel sens a la recherche de Dieu? Que peut-on dire de lui? Dieu et la souffrance, la nôtre, et la sienne? Ces questions essentielles sont toujours traitées avec justesse et rigueur, avec une connaissance sérieuse des positions en présence, avec un sens exact des équilibres (...) à maintenir et des limites à ne pas franchir. Pour un lecteur honnête c'est un livre qui compte. A l'homme d'aujourd'hui, c'est un livre qui doit parler. Il est en contact aussi bien avec les interrogations politiques posées au christianisme qu'avec les principaux courants littéraires ou spirituels qui constituent notre culture. Sans abuser des citations, l'auteur a su mettre en place quelques textes particulièrement significatifs. Ainsi cette œuvre de réflexions est aussi la tentative très personnelle d'un homme qui cherche à ramasser son expérience, menée constamment dans un dialogue avec ses contemporains. Peut-être quelques-uns trouveront-ils que le choix marque certaines orientations et que tous les courants n'y sont pas également représentés ; mais une somme complète des positions actuelles, en faisant de cet ouvrage un traité didactique, lui aurait fait perdre son caractère personnel. Un des grands mérites de l'auteur est d'allier la rigueur du développement, le souci du lecteur et de son attention, à l'accent personnel de l'option et de l'expérience spirituelle. Philosophie, théologie, doctrine spirituelle sont unies sans se confondre. (shrink)

Il y a une pente universitaire à s'enfermer dans les textes en perdant de vue la réalité. C'est l'aboutissement d'un vice constitutif. En effet, depuis Aristote au moins, toutes les doctrines se sont développées sur la base d'un dédoublement ontologique entre un domaine des 'idées' et un domaine de la réalité elle-même. Ce dédoublement repose sur une imagination étrangère à l'expérience. Pour y voir plus clair, il faut s'appuyer constamment sur ce qui est donné tel qu'il est donné. Pour cela, (...) il faut déplacer l'attention depuis les contenus vers la manière dont nous les saisissons consciemment en confrontant l'expérience commune et la figure scientifique corrélative"--Page 4 of cover. (shrink)

We explored the comprehension of the informed consent in 77 cancer patients previously enrolled in randomised phase II or phase III clinical trials, between March and July 2011, at the San Raffaele Scientific Institute in Milano. We asked participants to complete an ad hoc questionnaire and analysed their answers. Sixty-two per cent of the patients understood the purpose and nature of the trial they were participating in; 44% understood the study procedures and 40% correctly listed at least one of the (...) major risks or complications related to their participation in the trial. We identified three factors associated with comprehension of the informed consent: age, education and type of tumour/investigator team. We suggest several possible improvements of how to obtain informed consent that will increase patient awareness, as well as the validity and effectiveness of the clinical trials. (shrink)

This enlarged edition of Mario Bunge's Dictionary of Philosophy is a superb reference work for both students and professional philosophers.

Selon Spinoza, les idées appartiennent à la nature au même titre que les corps. Et pourtant ce ne sont pas des corps : seule une physique spéciale, nullement métaphorique, peut rendre compte de l'étrange univers qu'elles composent.

Cumulative technological culture (CTC) refers to the increase in the efficiency and complexity of tools and techniques in human populations over generations. A fascinating question is to understand the cognitive origins of this phenomenon. Because CTC is definitely a social phenomenon, most accounts have suggested a series of cognitive mechanisms oriented toward the social dimension (e.g., teaching, imitation, theory of mind, and metacognition), thereby minimizing the technical dimension and the potential influence of non-social, cognitive skills. What if we have failed (...) to see the elephant in the room? What if social cognitive mechanisms were only catalyzing factors and not thesufficient and necessaryconditions for the emergence of CTC? In this article, we offer an alternative, unified cognitive approach to this phenomenon by assuming that CTC originates in non-social cognitive skills, namely technical-reasoning skills which enable humans to develop the technical potential necessary to constantly acquire and improve technical information. This leads us to discuss how theory of mind and metacognition, in concert with technical reasoning, can help boost CTC. The cognitive approach developed here opens up promising new avenues for reinterpreting classical issues (e.g., innovation, emulation vs. imitation, social vs. asocial learning, cooperation, teaching, and overimitation) in a field that has so far been largely dominated by other disciplines, such as evolutionary biology, mathematics, anthropology, archeology, economics, and philosophy. (shrink)

Illusionism about phenomenal consciousness is the thesis that phenomenal consciousness does not exist, even though it seems to exist. This thesis is widely judged to be uniquely counterintuitive: the idea that consciousness is an illusion strikes most people as absurd, and seems almost impossible to contemplate in earnest. Defenders of illusionism should be able to explain the apparent absurdity of their own thesis, within their own framework. However, this is no trivial task: arguably, none of the illusionist theories currently on (...) the market is able to do this. I present a new theory of phenomenal introspection and argue that it might deal with the task at hand. (shrink)

Phenomenal consciousness appears to be particularly normatively significant. For this reason, sentience-based conceptions of ethics are widespread. In the field of animal ethics, knowing which animals are sentient appears to be essential to decide the moral status of these animals. I argue that, given that materialism is true of the mind, phenomenal consciousness is probably not particularly normatively significant. We should face up to this probable insignificance of phenomenal consciousness and move towards an ethic without sentience.

Illusionism about consciousness is the thesis that phenomenal consciousness does not exist, but merely seems to exist. Embracing illusionism presents the theoretical advantage that one does not need to explain how consciousness arises from purely physical brains anymore, but only to explain why consciousness seems to exist while it does not. As Keith Frankish puts it, illusionism replaces the “hard problem of consciousness” with the “illusion problem.” However, a satisfying version of illusionism has to explain not only why the illusion (...) of consciousness arises, but also why it arises with its particular strength: Notably, why we are so deeply reluctant to recognize the illusory nature of consciousness. Explaining our strong intuitive resistance to illusionism means solving what I call the “illusion meta-problem,” which I think is a part of the illusion problem. In this paper, I argue that current versions of illusionism are unable to solve the illusion meta-problem. I focus on two of the most promising recent illusionist theories of consciousness, and I show why they fail to explain the peculiar reluctance we encounter whenever we try to accept that consciousness is an illusion. (shrink)

Au détour de l'ordre géométrique, dans un scolie de la Quatrième partie de l'Éthique faisant suite à l'énoncé de la règle fondamentale qui associe l'utilité du corps humain, et par conséquent le bien de l'individu, à la recherche d'une constance fondamentale dans le rapport de ses parties, surgit un scolie baroque, où passe l'ombre de la mort et qui débouche sur d'inquiétantes possibilités de mutation, voire de transmutation de l'identité : « Il arrive qu'un homme subit de tels changements, que (...) je ne dirai pas aisément qu'il est le même. C'est ce que j'ai entendu raconter de certain poète espagnol qui avait été atteint de maladie et qui, bien qu'il en fût guéri, demeura cependant dans un tel oubli de sa vie passée, qu'il ne croyait pas que les nouvelles et les tragédies qu'il avait faites fussent de lui ; et certes on eût pu le tenir pour un nourrisson adulte, s'il eût oublié aussi sa langue maternelle... » De ce texte perturbateur et de sa « contradiction » centrale, qui ont semé le trouble chez les commentateurs, François Zourabichvili qui en propose une explication systématique fait le fil conducteur d'une relecture complète des relations qui associent la métaphysique spinozienne à son anthropologie et à sa politique, centrée sur la question de la transformation comme « oubli », voire amnésie d'une forme antérieure, et « imagination », chimérique ou non, d'une nouvelle aptitude du corps. Il démontre ainsi la rigoureuse correspondance qui, d'un bout à l'autre de l'œuvre, associe la question d'une sortie de l'enfance à celle d'une émancipation de l'imaginaire monarchique. A l'encontre d'une lecture naïvement « révolutionnaire » du spinozisme, surgit alors ce qu'on peut appeler un conservatisme : mais dont le paradoxe est éclatant, car il tend moins à préserver l'état de choses existant qu'à inventer les conditions d'une vraie conservation de soi (neutralisation de la mort et de la servitude). Pages de début Avertissement Introduction Première étude. Envelopper une autre nature / envelopper la nature Introduction 1. La transition éthique dans le Court traité 2. La transition éthique dans le Traité de la réforme de l'entendement Deuxième étude. L'image rectifiée de l'enfance Introduction 3. La figure de l'infans adultus 4. Enfance et philosophie 5. Enfance et mémoire Conclusion sur le rapport à l'enfance Troisième étude. Puissance de Dieu et puissance des rois Introduction 6. La confusion des deux puissances et la dérive baroque du cartésianisme 7. Le rêve transformiste de la monarchie absolue 8. Qu'est-cequ'une multitude libre? Guerre et civilisation Bibliographie Index. (shrink)

This paper analyzes recent attempts to reject reproduction with lineage formation as a necessary condition for evolution by means of natural selection :560–570, 2008; Stud Hist Philos Sci Part C Stud Hist Philos Biol Biomed Sci 42:106–114, 2011; Bourrat in Biol Philos 29:517–538, 2014; Br J Philos Sci 66:883–903, 2015; Charbonneau in Philos Sci 81:727–740, 2014; Doolittle and Inkpen in Proc Natl Acad Sci 115:4006–4014, 2018). Building on the strengths of these attempts and avoiding their pitfalls, it is argued that (...) a robust formulation of evolution by natural selection without reproduction can be established. The main contribution of this paper is a reformulation of Lewontin’s three principles stating that minimal evolution by natural selection occurs when two conditions are met in a population: fitness-related variation and memory. Paradigmatic evolution by natural selection, which can generate adaptations, takes place when an additional condition is present, namely regeneration. (shrink)

Animal ethicists have been debating the morality of speciesism for over forty years. Despite rather persuasive arguments against this form of discrimination, many philosophers continue to assign humans a higher moral status than nonhuman animals. The primary source of evidence for this position is our intuition that humans’ interests matter more than the similar interests of other animals. And it must be acknowledged that this intuition is both powerful and widespread. But should we trust it for all that? The present (...) paper defends a negative answer to that question, based on a debunking argument. The intuitive belief that humans matter more than other animals is unjustified because it results from an epistemically defective process. It is largely shaped by tribalism, our tendency to favor ingroup members as opposed to outgroup members. And this influence is distortive for two reasons. First, tribalism evolved for reasons unrelated to moral truths; hence, it would at best produce true moral beliefs accidentally. Second, tribalism generates a vast quantity of false moral beliefs, starting with racist beliefs. Once this intuition is discarded, little evidence remains that speciesism is morally acceptable. (shrink)

Common sense has it that animals matter considerably less than humans; the welfare and suffering of a cow, a chicken or a fish are important but not as much as the welfare and suffering of a human being. Most animal ethicists reject this “speciesist” view as mere prejudice. In their opinion, there is no difference between humans and other animals that could justify such unequal consideration. In the opposite camp, advocates of speciesism have long tried to identify a difference that (...) would fit the bill, but they have consistently seemed to fail. In light of this, some naturally began to appeal to Moorean arguments: the case against speciesism must be flawed somehow, these philosophers maintain, because speciesism is supported by a strong and widespread intuition. This chapter draws on recent findings in social psychology to criticize this defence of speciesism. It argues that the strong and widespread intuition that humans count more than animals is epistemically defective because it is causally shaped by a pair of irrelevant influences: cognitive dissonance and tribalism. Accordingly, it is no suitable basis for a Moorean argument. (shrink)

The prevalent view in animal ethics is that speciesism is wrong: we should weigh the interests of humans and non-humans equally. Shelly Kagan has recently questioned this claim, defending speciesism against Peter Singer’s seminal argument based on the principle of equal consideration of interests. This critique is most charitably construed as a dilemma. The principle of equal consideration can be interpreted in either of two ways. While it faces counterexamples on the first reading, it makes Singer’s argument question-begging on the (...) second. In response, Singer has grasped the first horn of this dilemma and tried to accommodate Kagan’s apparent counterexamples. In my opinion, this attempt is unpersuasive: the principle of equal consideration is inconsistent with common-sense intuitions on Kagan’s cases. Worse, Singer’s argument begs the question anyway. It therefore faces two serious objections. This is not to say that there is nothing wrong with speciesism, however. In the second half of the paper, I propose another, better argument against speciesism, which I argue is immune to both objections. According to this other argument, speciesism is wrong because it involves discriminating on the basis of a merely biological property. (shrink)

Illusionists about phenomenal consciousness claim that phenomenal consciousness does not exist but merely seems to exist. At the same time, it is quite intuitive for there to be some kind of link between phenomenality and value. For example, some situations seem good or bad in virtue of the conscious experiences they feature. Illusionist views of phenomenal consciousness then face what I call the normative challenge. They have to say where they stand regarding the idea that there is a link between (...) phenomenality and value. If they accept that there is such a link, they might be committed to revisionary normative consequences (and some of them may prove to be uncomfortable). If they deny that there is such link, they might avoid revisionary normative consequences (without being guaranteed against them) but then they have to give reasons to deny that such link obtains, which is not a trivial task. The existence of the normative challenge does not show that illusionism is false, but it shows that illusionism might have important consequences in the normative domain, which have to be clarified. (shrink)

Many people believe that human interests matter much more than the like interests of non-human animals, and this “speciesist belief” plays a crucial role in the philosophical debate over the moral status of animals. In this paper, I develop a debunking argument against it. My contention is that this belief is unjustified because it is largely due to an off-track process: our attempt to reduce the cognitive dissonance generated by the “meat paradox”. Most meat-eaters believe that it is wrong to (...) harm animals unnecessarily, yet they routinely and deliberately behave in ways that cause great unnecessary suffering to animals. As recent research suggests, this practical inconsistency puts them in an unpleasant state of dissonance, which they try to escape by resolving the paradox. And they do so in part by adopting the speciesist belief—if animal suffering matters much less than human suffering, then harming animals cannot be so wrong after all. Since this belief-forming process does not track moral truth, I conclude that we are not justified in believing that human interests matter more than the similar interests of non-humans. (shrink)

In 'Illusionism as a Theory of Consciousness', Frankish argues for illusionism: the thesis that phenomenal consciousness does not exist, but merely seems to exist. Illusionism, he says, 'replaces the hard problem with the illusion problem -- the problem of explaining how the illusion of phenomenality arises and why it is so powerful'. The illusion of phenomenality is indeed quite powerful. In fact, it is much more powerful than any other illusion, in the sense that we face a very special and (...) unique intuitive resistance when trying to accept that phenomenality is an illusion. This is bad news for illusionists, because this means that they cannot entirely model their explanation of the illusion of consciousness on the explanation of other illusions. Explaining this unique intuitive resistance to illusionism may therefore constitute the hardest aspect of the illusion problem. However, I think that this aspect of the problem is solvable. I will outline a possible solution, which is based on the hypothesis that our (illusory) introspective representations of phenomenal states characterize them as having unique epistemological properties and as playing a special epistemological role. (shrink)

Illusionism is the thesis that phenomenal consciousness does not exist, but merely seems to exist. Many opponents to the thesis take it to be obviously false. They think that they can reject illusionism, even if they conceded that it is coherent and supported by strong arguments. David Chalmers has articulated this reaction to illusionism in terms of a “Moorean” argument against illusionism. This argument contends that illusionism is false, because it is obviously true that we have phenomenal experiences. I argue (...) that this argument fails by showing that its defenders cannot maintain that its crucial premise has the kind of support needed for the argument to work, without begging the question against illusionism. (shrink)

We propose a new approach to the study of introspection. Instead of asking what form introspection actually takes in humans or other animals, we ask what forms it could take, in natural or artificial minds. What are the dimensions along which forms of introspection could vary? This is a relatively unexplored question, but it is one that has the potential to open new avenues of study and reveal new connections between existing ones. It may, for example, focus attention on possible (...) forms of introspection radically different from the human one and help to integrate competing theories of human introspection in a non-adversarial manner. We introduce and motivate the project, provide a preliminary mapping of the space of possible forms of introspection, and sketch a programme for interdisciplinary research on the topic. (shrink)

Oscar Horta has argued that speciesism is wrong by definition. In his view, there can be no more substantive debate about the justification of speciesism than there can be about the legality of murder, for it stems from the definition of “speciesism” that speciesism is unjustified just as it stems from the definition of “murder” that murder is illegal. The present paper is a case against this conception. I distinguish two issues: one is descriptive and the other normative. Relying on (...) philosophers’ use of the term, I first answer the descriptive question negatively: speciesism is a purely descriptive concept. Then, based on both its main functions in the philosophical and public debates and an analogy with racism, I answer the normative question negatively: speciesism should remain a purely descriptive concept. If I am correct, then speciesism neither is nor should be wrong by definition. (shrink)

In this strikingly original contribution to our understanding of Chinese philosophy,Françle;ois Julien, a French sinologist whose work has not yet appeared in English usesthe Chinese concept of shi - meaning disposition or circumstance, power or potential - as atouchstone to explore Chinese culture and to uncover the intricate and coherent structure underlyingChinese modes of thinking.A Hegelian prejudice still haunts studies of ancient Chinese civilization:Chinese thought, never able to evolve beyond a cosmological point of view, with an indifference toany notion of (...) telos, sought to interpret reality solely on the basis of itself. In thisgroundbreaking study, prejudices toward the simplicity and "naiveté" of Chinese thought, Hegelianand otherwise, are dismantled one by one to reveal the intricate and coherent structure underlyingChinese modes of thinking and representing reality.Jullien begins with a single Chinese term, shi,whose very ambivalence and disconcerting polysemy, on the one hand, and simple efficacy, on theother, defy the order of a concept. Yet shi insinuates itself into the ordering and conditioning ofreality in all its manifold and complex representations. Because shi neither gave rise to anycoherent, general analysis nor figured as one of the major concepts among Chinese thinkers, Jullienfollows its appearance from one field to another: from military strategy to politics; from theaesthetics of calligraphy and painting to the theory of literature; and from reflection on historyto "first philosophy."At the point where these various domains intersect, a fundamental intuitionassumed self-evident for centuries emerges, namely, that reality - every kind of reality - may beperceived as a particular deployment or arrangement of things to be relied upon and worked to one'sadvantage. Art or wisdom, as conceived by the Chinese, lies in strategically exploiting thepropensity that emanates from this particular configuration of reality. (shrink)

I present and I implement what I take to be the best approach to solve the meta-problem: the evidential approach. The main tenet of this approach is to explain our problematic phenomenal intuitions by putting our representations of phenomenal states in perspective within the larger frame of the cognitive processes we use to conceive of evidence.

Moral error theorists face the so-called “now-what problem”: what should we do with our moral judgments from a prudential point of view if these judgments are uniformly false? On top of abolitionism and conservationism, which respectively advise us to get rid of our moral judgments and to keep them, three revisionary solutions have been proposed in the literature: expressivism, naturalism, and fictionalism. In this paper, I argue that expressivism and naturalism do not constitute genuine alternatives to abolitionism, of which they (...) are in the end mere variants—and, even less conveniently, variants that are conform to the very spirit of abolitionism as formulated by its proponents. The main version of fictionalism, by contrast, provides us with a recommendation to which abolitionists cannot consistently subscribe. This leaves us with only one revisionary solution to the now-what problem. (shrink)

According to philosophical orthodoxy, the parties to moral or legal disputes genuinely disagree only if their uses of key normative terms in the dispute express the same meaning. Recently, however, this orthodoxy has been challenged. According to an influential alternative view, genuine moral and legal disagreements should be understood as metalinguistic negotiations over which meaning a given term should have. In this paper, we argue that the shared meaning view is motivated by much deeper considerations than its recent critics recognize, (...) and that much would be lost in opting for the explanation of normative disputes as metalinguistic negotiations. (shrink)

The commentaries have both revealed the implications of and challenged our approach. In this response, we reply to these concerns, discuss why the technical-reasoning hypothesis does not minimize the role of social-learning mechanisms – nor assume that technical-reasoning skills make individuals omniscient technically – and make suggestions for overcoming the classical opposition between the cultural versus cognitive niche hypothesis of cumulative technological culture.

La philosophie bergsonnienne a rendu le monde de ses contemporains moins opaque, les aidant à lui trouver un sens. Si la France cartésienne coïncide avec les partisans de la démocratie parlementaire ancrée à gauche, celle de Bergson recrute ses plus gros bataillons dans la droite nationale, conservatrice, mais également dans une gauche antiparlementaire, révolutionnaire.

Dans ce livre riche et foisonnant, Nahema Hanafi articule les questionnements de traditions historiographiques diverses. À la jonction entre histoire des savoirs et des pratiques de santé et histoire des femmes et du genre, son étude mobilise les études sur les écrits du for privé, l’histoire de la famille et de la parenté ou celle des élites. L’auteure construit une polyphonie à partir du dépouillement de quelque 3000 lettres écrites par une vingtaine de femmes des élites socio-économiques...

The text that we publish here for the first time was originally conceived as a presentation for the international congress Deleuze: una imagen del pensamiento, held in Bogota, Colombia, in August 2005.

The Presentation of Sacher-Masoch is Deleuze’s boldest establishment of the three-way relation Art-Desire-Law, rich with consequences in the attempt to find new foundations for critique. Rather than trying to rethink Kant with Sade, Deleuze chose to rethink Kant with Masoch, treating the latter as a therapist as well as an artist.

The moral error theory holds that moral claims and beliefs, because they commit us to the existence of illusory entities, are systematically false or untrue. It is an open question what we should do with moral thought and discourse once we have become convinced by this view. Until recently, this question had received two main answers. The abolitionist proposed that we should get rid of moral thought altogether. The fictionalist, though he agreed we should eliminate moral beliefs, enjoined us to (...) replace them with attitudes that resemble to some extent the attitudes we have towards pieces of fiction. But there is now a third theory on the market: conservationism, the view that we should keep holding moral beliefs, even though we know them to be false. (According to a fourth theory, ‘substitutionism’, we should modify the content of our moral claims in such a way that they become true.) Putting abolitionism (and substitutionism) aside, our aim is to assess the plausibility of conservationism as an alternative to the – relatively dominant – fictionalism that we find in the literature. Given the difficulty of finding a conservationist view that is both (i) plausible and (ii) not merely a terminological variant of fictionalism, we will argue that conservationism fails to constitute a plausible alternative to fictionalism, at least insofar as it purports to be an alternative view as to what we should do with our moral thoughts. (shrink)

Many philosophers have tried to defend physicalism concerning phenomenal consciousness, by explaining dualist intuitions within a purely physicalist framework. One of the most common strategies to do so consists in interpreting the alleged “explanatory gap” between phenomenal states and physical states as resulting from a fallacy, or a cognitive illusion. In this paper, I argue that the explanatory gap does not rest on a fallacy or a cognitive illusion. This does not imply the falsity of physicalism, but it has consequences (...) on the kind of physicalism we should embrace. (shrink)

Over the past two decades, the study of moral reasoning has been heavily influenced by Joshua Greene’s dual-process model of moral judgment, according to which deontological judgments are typically supported by intuitive, automatic processes while utilitarian judgments are typically supported by reflective, conscious processes. However, most of the evidence gathered in support of this model comes from the study of people’s judgments about sacrificial dilemmas, such as Trolley Problems. To which extent does this model generalize to other debates in which (...) deontological and utilitarian judgments conflict, such as the existence of harmless moral violations, the difference between actions and omissions, the extent of our duties of assistance, and the appropriate justification for punishment? To find out, we conducted a series of five studies on the role of reflection in these kinds of moral conundrums. In Study 1, participants were asked to answer under cognitive load. In Study 2, participants had to answer under a strict time constraint. In Studies 3 to 5, we sought to promote reflection through exposure to counter-intuitive reasoning problems or direct instruction. Overall, our results offer strong support to the extension of Greene’s dual-process model to moral debates on the existence of harmless violations and partial support to its extension to moral debates on the extent of our duties of assistance. (shrink)

ABSTRACTWhat does it take for lawyers and others to think or talk about the same legal topic—e.g., defamation, culpability? We argue that people are able to think or talk about the same topic not when they possess a matching substantive understanding of the topic, as traditional metasemantics says, but instead when their thoughts or utterances are related to each other in certain ways. And what determines the content of thoughts and utterances is what would best serve the core purposes of (...) the representational practice within which the thought or utterance is located. In thus favoring a “relational model” in metasemantics, we share Ronald Dworkin's goal of explaining fundamental legal disagreements, and also his reliance on constructive interpretation. But what we delineate is a far more general and explanatorily resourceful metasemantics than what Dworkin articulated, which also bypasses some controversial implications for the nature of law that Dworkin alleged. (shrink)