Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.

This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...) relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible. Another target of this book is the prevalent view that tort law helps rectify market failures when transaction costs are too high to permit contracting. The author argues instead that tort law should be understood as a way of rectifying wrongful losses not inefficient exchanges. (shrink)

Do participants in shared activity have mutual obligations to do their bit? This article shows this question has no one-size-fits-all answer and offers a pluralist account of the normativity of shared agency. The first part argues obligations to do one's bit have three degrees of involvement in shared activity. Such obligations might, obviously, bolster co-participants’ resolve to act as planned (degree 1). Less obviously, there also are higher and lower degrees of involvement. Obligations to do one's bit might provide our (...) agency-pooling mechanism. When they do, we act together by virtue of satisfying them (degree 2). Conversely, some shared activities involve no obligation (degree 0). In the second part, I argue shared agency theory is best served by a non-moralistic conception of obligation, one on which co-participants’ obligations need be neither strict-performance obligations, nor directed ones. Overall, my arguments suggest that we can choose how to coordinate normatively our shared activities. (shrink)

This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.

Framing effects occur when different descriptions of the same decision problem give rise to divergent decisions. They can be seen as a violation of the decisiontheoretic version of the principle of extensionality (PE). The PE in logic means that two logically equivalent sentences can be substituted salva veritate. We explore what this notion of extensionality becomes in decision contexts. Violations of extensionality may have rational grounds. Based on some ideas proposed by the psychologist Craig McKenzie and colleagues, we contend that (...) framing effects are justified when the selection of one particular frame conveys choice relevant information. We first discuss this idea from a philosophical point of view, and proceed next to formalize it first in the context of the Bolker–Jeffrey decision theory. Finally, we extend the previous analysis to non-expected utility theories using the Biseparable Preference model introduced by Ghirardato and Marinacci (2001) and therefore show that the analysis is independent of the assumptions of Bayesian decision theory. (shrink)

This chapter contains sections titled: Jurisprudence: Method and Subject Matter Legality and Authority Positivism: Austin vs. Hart The Authority of Law Judicial Discretion Incorporationism and Legality Raz' s Theory of Authority Incorporationism and Authority Conclusion Postscript References.

Next SectionIn emphasizing the importance of the separability thesis, legal philosophers have inadequately appreciated other philosophically important ways in which law and morality are or might be connected with one another. In this article, I argue that the separability thesis cannot shoulder the philosophical burdens that it has been asked to bear. I then turn to two issues of greater importance to jurisprudence. These are ‘the moral semantics of law’ and ‘the normativity of theory construction in jurisprudence’. The moral semantics (...) claim is that legal content is best understood as moral directives about what is to be done and who is to decide what is to be done. The problem is that legal positivists typically hold that only social facts contribute to the content of law, and it is hard to see how a positivist can hold both the social-facts claim and the moral-semantics claim. I argue that not only are the two claims consistent with one another, but that legal positivists must hold some version of the moral semantics claim if they are to make sense of the claim that legal reasons purport to be content-independent moral reasons for acting. In Section 3 of the article, I take up the question of whether theory construction in jurisprudence is normative or descriptive. This is hard to do in part because so little attention has been paid to correctly formulating the issue. I suggest a demanding test for descriptivism; namely, that an adequate analysis of law can be provided entirely in terms of its formal features. I then defend this claim against three arguments designed to show because governance by law is necessarily desirable or valuable that, we cannot characterize law without making reference to those values or to other material features of law. This constitutes a limited but powerful defence of descriptive jurisprudence. (shrink)

Research programs in empirical psychology from the past two decades have revealed implicit biases. Although implicit processes are pervasive, unavoidable, and often useful aspects of our cognitions, they may also lead us into error. The most problematic forms of implicit cognition are those which target social groups, encoding stereotypes or reflecting prejudicial evaluative hierarchies. Despite intentions to the contrary, implicit biases can influence our behaviours and judgements, contributing to patterns of discriminatory behaviour. These patterns of discrimination are obviously wrong and (...) unjust. But in remedying such wrongs, one question to be addressed concerns responsibility for implicit bias. Unlike some paradigmatic forms of wrongdoing, such discrimination is often unintentional, unendorsed, and perpetrated without awareness; and the harms are particularly damaging because they are cumulative and collectively perpetrated. So, what are we to make of questions of responsibility? In this article, we outline some of the main lines of recent philosophical thought, which address questions of responsibility for implicit bias. We focus on (a) the kind of responsibility at issue; (b) revisionist versus nonrevisionist conceptions of responsibility as applied to implicit bias; and (c) individual, institutional, and collective responsibility for implicit bias. (shrink)

We explore the relationship between jurisprudential theories pertaining to the nature of law and semantic and metasemantic theories pertaining to the meaning of ‘law’ in the wake of Dworkin’s notorious Semantic Sting argument in Law’s Empire (HUP 1986). Along the way we delineate various aspects of the semantic and metasemantic underpinnings of ‘law’ as an artifact term and advance the general methodological point that jurisprudential inquiry is only negligibly constrained by the findings of semantic and metasemantic inquiry.

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 who have written about implicit bias have claimed or implied that individuals are not responsible, and therefore not blameworthy, for their implicit biases, and that this is a function of the nature of implicit bias as implicit: below the radar of conscious reflection, out of the control of the deliberating agent, and not rationally revisable in the way many of our reflective beliefs are. I argue that close attention to the findings of empirical psychology, and to the conditions for (...) blameworthiness, does not support these claims. I suggest that the arguments for the claim that individuals are not liable for blame are invalid, and that there is some reason to suppose that individuals are, at least sometimes, liable to blame for the extent to which they are influenced in behaviour and judgment by implicit biases. I also argue against the claim that it is counter-productive to see bias as something for which individuals are blameworthy; rather, understanding implicit bias as something for which we are liable to blame could be constructive. (shrink)

Suppose the prevailing distribution of property rights is unjust as determined by the relevant conception of distributive justice. You have far more than you should have under that theory and I have far less. Then I defraud you and in doing so reallocate resources so that our holdings ex post more closely approximate what distributive justice requires. Do I have a duty to return the property to you? There are many good reasons for requiring me to return to you what (...) I have taken. One is that while you may have no right in justice to all that you own, it does not follow that I do, or that I have a right to take it. Thus, requiring me to return the property to you is a way of recognizing that I had no right to take it from you in the first place. (shrink)

Résumé Cet article est une approche stylistique de l’oeuvre de Claude Lévi-Strauss. Partant de l’hypothèse que pour lui le discours des sciences humaines doit rechercher l’homologie structurale avec son objet et le traduire, nous nous proposons d’étudier, dans Tristes tropiques, les Mythologiques et Regarder écouter lire, le style de pensée de Lévi-Strauss dans l’étude des productions artistiques. Or si un discours doit traduire la structure et la forme de mythes comme d’objets non-discursifs tels que des oeuvres plastiques, quelle forme doit-il (...) adopter? Cette recherche est aussi bien formelle que théorique, puisque Lévi-Strauss entend trouver un mode d’écriture qui traduise et rende visible le fonctionnement de l’esprit dans la création. Cet article tente de répondre à cette question en décrivant comment Lévi-Strauss altère progressivement ses modèles stylistiques, plaçant d’abord son écriture sous l’égide de l’analyse structurale, puis de la musique et du mythe, et enfin du collage. (shrink)

This book is an interdisciplinary study of the fundamental normative issues underpinning immigration policy. Economists, political scientists and philosophers address issues such as the proper role of the state in supporting a particular culture, the possible destabilization of the political and social life of a country through immigration, the size and distribution of economic losses and gains, and the legitimacy of discriminating against potential immigrants in favour of members of the resident population. The need for serious philosophical consideration of this (...) subject is beyond question. This volume should advance discussion in an area of great practical as well as philosophical importance. (shrink)

Reactive emotion accounts hold that blameworthiness should be analyzed in terms of the familiar reactive emotions. However, despite the attractions of such views, we are not persuaded that blameworthiness is ultimately a matter of correctly felt reactive emotion. In this paper, we draw attention to a range of little-discussed considerations involving the moral significance of the passage of time that drive a wedge between blameworthiness and the reactive emotions: the appropriateness of the reactive emotions is sensitive to the passage of (...) time in ways that attributions of blameworthiness are not. There are a number of ways in which reactive emotion accounts might attempt to accommodate the moral significance of time, however. We consider the most important of these, but ultimately find them wanting. Accordingly, we conclude that the prospects for the reactive emotion accounts are bleak. Our argument, if successful, has a range of implications for legal theory, most importantly in providing a novel moral basis for statutes of limitations and in shedding light on new avenues in the theory of criminal law generally. (shrink)

A dissertation in the tradition of logical positivism includes a discussion of the functions and methods of philosophy and a critique of ethics and theology.

Oedipus’s basic error was to have viewed evil as a problem, whereas he learns to his grief that it is actually a mystery, an irresolvable paradox, a natural contradiction between the mutually exclusive possibilities of self-determination and predetermination, between freedom of the will and divine omniscience. This is the quandary as it is perceived by philosophy and religion. In the domains of religion and theology Fate is indeed a mystery. Ill-equipped as I am to elucidate mysteries, I will move the (...) discussion to a firmer ground, where the concept of Fate is merely a problem, where scholars, those who “traffic in words,” as Goethe calls us, stand a fighting chance.1My major concerns will be: 1) to determine what .. (shrink)

The first part of this book is a translation of a philosophical work by the Breton philosopher Jules Lequyer, which explores questions of divine justice and human equality. The second part is a biography of Lequyer by Donald Wayne Viney, based on Prosper Hemon's life of Lequyer, and other material.

In our racially unjust societies, what should white people do? In this paper, I survey answers to this question that recent work in ethics, social epistemology, and philosophy of race suggests.

The term 'implicit bias' has very swiftly been incorporated into philosophical discourse. Our aim in this paper is to scrutinise the phenomena that fall under the rubric of implicit bias. The term is often used in a rather broad sense, to capture a range of implicit social cognitions, and this is useful for some purposes. However, we here articulate some of the important differences between phenomena identified as instances of implicit bias. We caution against ignoring these differences: it is likely (...) they have considerable significance, not least for the sorts of normative recommendations being made concerning how to mitigate the bad effects of implicit bias. (shrink)

The purpose of the commentary is not to contradict HIT but rather to question whether its increase in predictive power outweighs the decrease in parsimony. For the refutable aspects of HIT, a simpler model for naming appears to achieve as much. Both models better fit the facts concerning naming performance than describe category-specificity.

This essay is part of a larger project exploring the extent to which the market paradigm might be usefully employed to explain and in some instances justify nonmarket institutions. The focus of the market paradigm in this essay is the relationship between the idea of a perfectly competitive market and aspects of both the rationality of political association and the theory of collective choice. In particular, this essay seeks to identify what connections, if any, exist between one kind of market (...) account of the rationality of political association and one kind of market-based social choice rule. The market theory of political association I intend to discuss I call “market contractarianism,” and the collective choice rule whose relation to it I intend to explore is the unanimity rule. What, if anything, is the relationship between market contractarianism and the unanimity rule? (shrink)

Twenty-four years remind the tears of my eyes.In the groin of the natural doorway I crouched like a tailorSewing a shroud for a journeyBy the light of the meat-eating sun.Dressed to die, the sensual strut begun,With my red veins full of money,In the final direction of the elementary townI advance for as long as forever is.1The first problem raised in this poem is the agrammatical status of the word remind, which in normal usage governs either a verbal or phrasal complement. (...) The reader’s question is: “reminds you of what?” And it is a natural expectation, as the poem unfolds, that this lacuna.. (shrink)

As every teacher of literature knows, obscure writing is not necessarily the most problematic kind to deal with. A sonnet by Donne or an equal number of lines by Dylan Thomas will handily fill the teaching hour. But what about that other kind of writing, the kind that imposes silence, not by its obvious difficulty but by its infuriating obviousness, the perfection of its form, the simplicity of its language, the transparency of its meaning? There is no trouble filling the (...) hour with Yeats’s Byzantium poems, but what about this one?The fascination of what’s difficultHas dried the sap out of my veins, and rentSpontaneous joy and natural contentOut of my heart. There’s something ails our coltThat must, as if it had not.. (shrink)

Integrating a historical perspective into studies of prejudicial attitudes facilitates the interpretation of paradoxical findings of the kind cited in the target article. History also encourages research to move beyond the study of prejudice and to consider institutional and structural forces that maintain social inequities. Multilevel approaches can study these factors in both field and laboratory studies.

Recent empirical research has substantiated the finding that very many of us harbour implicit biases: fast, automatic, and difficult to control processes that encode stereotypes and evaluative content, and influence how we think and behave. Since it is difficult to be aware of these processes - they have sometimes been referred to as operating 'unconsciously' - we may not know that we harbour them, nor be alert to their influence on our cognition and action. And since they are difficult to (...) control, considerable work is required to prevent their influence. We here focus on the implications of these findings for epistemology. We first look at ways in which implicit biases thwart our knowledge seeking practices (sections 1 & 2). Then we set out putative epistemic benefits of implicit bias, before considering ways in which epistemic practices might be improved (section 3). Finally, we consider the distinctive challenges that the findings about implicit bias pose to us as philosophers, in the context of feminist philosophy in particular (section 4). (shrink)

A review of cultural and historical accounts of anorexia nervosa indicates that this disorder is found primarily in Westernized societies during periods of relative affluence and greater social opportunities for women. Some hypotheses regarding the vulnerability to eating disorders are proposed to the basis of these data.

La logique--La géométrie--Questions diverses--Considérations sur différentes sciences--Note I. Sur la géométrie projective--Note II. Éclaircissements divers (Notions de groupe, sur les notions premières, sur la classification des sciences).

Our focus here is on whether, when influenced by implicit biases, those behavioural dispositions should be understood as being a part of that person’s character: whether they are part of the agent that can be morally evaluated.[4] We frame this issue in terms of control. If a state, process, or behaviour is not something that the agent can, in the relevant sense, control, then it is not something that counts as part of her character. A number of theorists have argued (...) that individuals do not have control, in the relevant sense, over the operation of implicit bias. We will argue that this claim is mistaken. We articulate and develop a notion of control that individuals have with respect to implicit bias, and argue that this kind of control can ground character-based evaluation of such behavioural dispositions. (shrink)

Research programs in empirical psychology over the past few decades have led scholars to posit implicit biases. This is due to the development of innovative behavioural measures that have revealed aspects of our cognitions which may not be identified on self-report measures requiring individuals to reflect on and report their attitudes and beliefs. But what does it mean to characterise such biases as implicit? Can we satisfactorily articulate the grounds for identifying them as bias? And crucially, what sorts of cognitions (...) are in fact being measured; what mental states or processes underpin such behavioural responses? In this paper, we outline some of the philosophical and empirical issues engaged when attempting to address these three questions. Our aim is to provide a constructive taxonomy of the issues, and how they interrelate. As we will see, any view about what implicit bias is may depend on a range of prior theoretical choices. (shrink)