Reasons: Practical and Epistemic
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Phil of Law 2014 Syllabus
Princeton University Politics 563/Philosophy 526 Spring 2014 Philosophy of Law Robert P. George and Michael Smith This seminar will consider a range of issues in philosophy of law with particular emphasis on various dimensions of the relationship between law and morality. Requirements: Students are required to read each week's assignments carefully and participate regularly in seminar discussions. Each student must make a presentation to the seminar. Two written work options are available: (1) a long (7000 word) paper on any topic addressed in the seminar or (2) two shorter (3500), critical essays on issues we have explored. These may, but need not, be related to the topic of one’s presentation. Those readings marked with an asterisk (*) are on e-reserve. The following books (all available in paperback editions) are worth purchasing: Ronald Dworkin, Law’s Empire John Finnis, Natural Law and Natural Rights, 2nd edition Lon L. Fuller, The Morality of Law H.L.A. Hart, The Concept of Law, 2nd edition Joseph Raz, Practical Reason and Norms Week 1: Organizational Meeting *O. W. Holmes, “The Path of the Law,” in The Essential Holmes, ed. Richard Posner, pp. 160-77 *John Austin, “The Province of Jurisprudence Determined, “ in The Philosophy of Law, eds. F. Schauer, W. Sinnot-Armstrong, pp. 32-39 *Carl Llewellyn, “The Bramble Bush, a Realistic Jurisprudence, and the common Law Tradition,” in The Philosophy of Law, eds. F. Schauer, W. Sinnot-Armstrong, pp. 53-62 Week 2: Hart's Concept of Law H.L.A. Hart, The Concept of Law, chs. I-VI *Jonathan Cohen, "Critical Notice of Hart's The Concept of Law," in Mind, Vol. -
Hegel's Philosophy of Right As a Theory of Justice
Copyrighted Material I egel’s Philosophy of Right as a H heory of ustice T J Although many contemporary philosophers have embraced Hegelian philosophy to a surprising degree—which may even help to bridge the gulf between the Analytic and Continental traditions—Hegel’s Elements of the Philosophy of Right has so far failed to exert the slightest influence on the current debates in political philosophy. Rather, in recent years—after the abrupt end of the Marxist phase and its reduction of modern right to a mere superstructure—philosophers returned on a broad front to the rationalist paradigm of the Kantian tradition, which es- sentially dominates the debate from Rawls to Habermas; and however hard these two authors in particular try to embed their Kantian concepts of justice in a realistic, almost social-scientific approach, the theoretical model of Hegel’s Philosophy of Right plays no decisive part in their thought. Nor has the situation changed much in response to the countermovement in political philosophy that came into being through the somewhat arti- ficial grouping of theoreticians as diverse as Charles Taylor, Michael Walzer, or Alasdair MacIntyre under the heading of “communitarianism.” Despite a strong tendency to award a privileged position to ethics as opposed to a formalistic prin- ciple of morality, or to communal values as opposed to arbi- trary individual freedom, no real attempt has been made in these circles to render Hegel’s Philosophy of Right fruitful for the discourse of political philosophy. Indeed, the fact that authors Copyrighted Material chapter 1 such as Michael Walzer, Alasdair MacIntyre, or Joseph Raz are trying to keep the greatest possible distance from the political philosophy of Hegel has acquired an almost symptomatic sig- nificance by now. -
The Concept of Law Revisited
Michigan Law Review Volume 94 Issue 6 1996 The Concept of Law Revisited Leslie Green Osgoode Hall Law School, York University Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Public Law and Legal Theory Commons Recommended Citation Leslie Green, The Concept of Law Revisited, 94 MICH. L. REV. 1687 (1996). Available at: https://repository.law.umich.edu/mlr/vol94/iss6/15 This Review is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. IBE CONCEPT OF LAW REVISITED Leslie Green* THE CONCEPT OF LAW. Second Edition. By H.L.A. Hart. With a Postscript edited by Penelope A. Bulloch and Joseph Raz. Oxford: Clarendon Press. 1994. Pp. xii, 315. $26. Law is a social construction. It is a historically contingent fea ture of certain societies, one whose emergence is signaled by the rise of a systematic form of social control and elite domination. In one way it supersedes custom, in another it rests on it, for law is a system of primary social rules that direct and appraise behavior, together with secondary social rules that identify, change, and en force the primary rules. Law may be beneficial, but only in some contexts and always at a price, at the risk of grave injustice; our appropriate attitude to it is therefore one of caution rather than celebration. -
APA Newsletters
APA Newsletters Volume 06, Number 2 Spring 2007 NEWSLETTER ON PHILOSOPHY AND LAW FROM THE EDITOR, STEVEN SCALET ARTICLES BRIAN H. BIX “Joseph Raz and Conceptual Analysis” JULES L. COLEMAN “Law and Political Morality” TIMOTHY ENDICOTT “Interpretation, Jurisdiction, and the Authority of Law” KENNETH EINAR HIMMA “Revisiting Raz: Inclusive Positivism and the Concept of Authority” LIAM MURPHY “Razian Concepts” STEPHEN PERRY “Two Problems of Political Authority” © 2007 by The American Philosophical Association ISSN: 1067-9464 APA NEWSLETTER ON Philosophy and Law Steven Scalet, Editor Spring 2007 Volume 06, Number 2 relating to such theories. In particular, I will look at the role of conceptual analysis in legal theory, focusing on some recent FROM THE EDITOR work by Joseph Raz.1 I. Overview Edition in Tribute to Joseph Raz It was a commonplace in the history of jurisprudence to focus on the inquiry, what is law? It is worth taking a few moments Joseph Raz is professor at Columbia University Law School to consider the question more closely. and research faculty at Oxford University. His writings influence generations of scholars and his many students are now among First and foremost, there is a potential confusion (heightened 2 the leading scholars in philosophy of law. in English more than in other major languages ), as “law,” even if focused on matters jurisprudential (and not speaking of physical For this edition of the Newsletter we invited leading political laws, the laws of games, social conventions, etc.), can refer to and legal philosophers to analyze some aspect of Professor a number of different, if related, matters: most prominently, Raz’s ideas. -
A Moral Right to Dissent? the Case of Civil Disobedience
A MORAL RIGHT TO DISSENT? THE CASE OF CIVIL DISOBEDIENCE A thesis submitted to the faculty of San Francisco State University In partial fulfillment of The Requirements for The Degree ?W\L -02T5 Master of Arts in Philosophy By Juan Sebastian Ospina San Francisco, California May 2016 CERTIFICATION OF APPROVAL I certify that I have read A Moral Right to Dissent? The case of civil disobedience by Juan Sebastian Ospina, and that in my opinion this work meets the criteria for approving a thesis submitted in partial fulfillment of the requirement for the degree Master of Arts in Philosophy at San Francisco State University. Kevin Toh, Ph.D. Associate Professor, Philosophy Department Shelley Wilcox, Ph.D. Professor, Assistant Chair, Philosophy Department A MORAL RIGHT TO DISSENT? THE CASE OF CIVIL DISOBEDIENCE Juan Sebastian Ospina San Francisco, California May 2016 Joseph Raz has argued that in liberal states there is no moral right to disobedience. Raz claims that all states ought to be what he calls “liberal states,” which do not require a moral right to civil disobedience. Broadly, my focus in this paper is on describing how civil disobedience can be understood as a moral right to be included in the framework of political rights recognized in liberal states. I try to demonstrate that Raz’s argument proceeds from a limited understanding of political rights and political actions, and suggest that his conclusion is invalid or extremely exaggerated. I advance a tentative argument about the importance of this moral right to the political process of deliberative democracies, and of its inclusion in limited form among political participation rights. -
Positivism and the Inseparability of Law and Morals
\\server05\productn\N\NYU\83-4\NYU403.txt unknown Seq: 1 25-SEP-08 12:20 POSITIVISM AND THE INSEPARABILITY OF LAW AND MORALS LESLIE GREEN* H.L.A. Hart made a famous claim that legal positivism somehow involves a “sepa- ration of law and morals.” This Article seeks to clarify and assess this claim, con- tending that Hart’s separability thesis should not be confused with the social thesis, the sources thesis, or a methodological thesis about jurisprudence. In contrast, Hart’s separability thesis denies the existence of any necessary conceptual connec- tions between law and morality. That thesis, however, is false: There are many necessary connections between law and morality, some of them conceptually signif- icant. Among them is an important negative connection: Law is, of its nature, morally fallible and morally risky. Lon Fuller emphasized what he called the “internal morality of law,” the “morality that makes law possible.” This Article argues that Hart’s most important message is that there is also an immorality that law makes possible. Law’s nature is seen not only in its internal virtues, in legality, but also in its internal vices, in legalism. INTRODUCTION H.L.A. Hart’s Holmes Lecture gave new expression to the old idea that legal systems comprise positive law only, a thesis usually labeled “legal positivism.” Hart did this in two ways. First, he disen- tangled the idea from the independent and distracting projects of the imperative theory of law, the analytic study of legal language, and non-cognitivist moral philosophies. Hart’s second move was to offer a fresh characterization of the thesis. -
5. Immanuel Kant and Critical Idealism Robert L
Contemporary Civilization (Ideas and Institutions Section XII: The osP t-Enlightenment Period of Western Man) 1958 5. Immanuel Kant and Critical Idealism Robert L. Bloom Gettysburg College Basil L. Crapster Gettysburg College Harold A. Dunkelberger Gettysburg College See next page for additional authors Follow this and additional works at: https://cupola.gettysburg.edu/contemporary_sec12 Part of the European Languages and Societies Commons, History Commons, and the Philosophy Commons Share feedback about the accessibility of this item. Bloom, Robert L. et al. "5. Immanuel Kant and Critical Idealism. Pt XII: The osP t-Enlightenment Period." Ideas and Institutions of Western Man (Gettysburg College, 1958), 53-69. This is the publisher's version of the work. This publication appears in Gettysburg College's institutional repository by permission of the copyright owner for personal use, not for redistribution. Cupola permanent link: https://cupola.gettysburg.edu/ contemporary_sec12/5 This open access book chapter is brought to you by The uC pola: Scholarship at Gettysburg College. It has been accepted for inclusion by an authorized administrator of The uC pola. For more information, please contact [email protected]. 5. Immanuel Kant and Critical Idealism Abstract The ideas of Immanuel Kant (1724-1804) are significant enough to be compared to a watershed in Western thought. In his mind were gathered up the major interests of the Enlightenment: science, epistemology, and ethics; and all of these were given a new direction which he himself described as another Copernican revolution. As Copernicus had shown that the earth revolved around the sun, rather than the sun around the earth, so Kant showed that the knowing subject played an active and creative role in the production of his world picture, rather than the static and passive role which the early Enlightenment had assigned him. -
Can Reason Establish the Goals of Action? Assessing Interpretations of Aristotle’S Theory of Agency
CAN REASON ESTABLISH THE GOALS OF ACTION? ASSESSING INTERPRETATIONS OF ARISTOTLE’S THEORY OF AGENCY ¿PUEDE LA RAZÓN ESTABLECER LOS FINES DE LA ACCIÓN? UNA EVALUACIÓN DE LAS INTERPRETACIONES DE LA TEORÍA DE LA ACCIÓN DE ARISTÓTELES JUAN PABLO BERMÚDEZ* Universidad Externado de Colombia. [email protected] RECIBIDO EL 12 DICIEMBRE DE 2016, APROBADO EL 5 DE MAYO DE 2017 RESUMEN ABSTRACT La interpretación de la teoría de la acción Scholarship on Aristotle’s theory of de Aristóteles ha tendido recientemente action has recently tended towards hacia una postura intelectualista, según la an intellectualist position, according to cual la razón está a cargo de establecer los which reason is in charge of establishing fi nes de las acciones. Un resurgimiento del the ends of actions. A resurgence of anti-intelectualismo, según el cual establecer anti-intellectualism, according to which los fi nes es tarea del carácter y no de la establishing ends is a task of character razón, ha puesto esta postura bajo crítica. and not of reason, has placed this position Este ensayo sostiene que ninguna de las under criticism.. This paper argues that dos interpretaciones puede dar cuenta neither of the two interpretations can suficiente de las complejidades de la suffi ciently account for the complexities teoría de Aristóteles, y sugiere un camino of Aristotle’s theory, and suggests an intermedio que combina las fortalezas de intermediate path that combines the ambas, evitando a la vez sus difi cultades. strengths of both while avoiding their El problema crucial del intelectualismo difficulties. The crucial problem for es que Aristóteles asevera explícitamente intellectualism is that Aristotle asserts que la razón no puede establecer los fi nes explicitly that reason cannot establish the de la acción. -
Three Themes from Raz
Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 2005 Three Themes from Raz Leslie Green Osgoode Hall Law School of York University Source Publication: Oxford Journal of Legal Studies. Volume 25, Issue 3 (2005), p. 503-524. Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/scholarly_works This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Recommended Citation Green, Leslie. "Three Themes from Raz." Oxford Journal of Legal Studies 25.3 (2005): 503-524. This Article is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. Three Themes from Raz† Leslie Green* The robust interest in analytic jurisprudence among legal philosophers is testament to the broad and deep influence of Joseph Raz. To find another legal theorist who has not only produced an indispensable body of work, but who taught and encouraged so many jurisprudents of the next generation, one has to go back to his forebear, H.L.A. Hart. But Raz’s influence is not just a matter of passing on the torch. Raz controverted so many of Hart’s central ideas that legal positivism, and in some respects even legal philosophy, will never be the same again. That rules are social practices, that every legal system has one rule of recognition, that the validity of law may depend on moral principles, that rights protect important choices, that there is a duty in fairness to obey the law—the hard times on which each of these Hartian ideas has fallen are due in no small part to the power of Raz’s criticisms, and Raz’s competing views are themselves now the subject of many discussions among lawyers, philosophers and political theorists. -
Kant's Practical Postulates and the Development of German Idealism
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by UCL Discovery Sebastian Gardner Kant’sPractical Postulates and the Development of German Idealism Abstract. Kant’smoral theologywas asubject of intense debate in the earlyre- ception of Kant’sphilosophy. At the same time, Kant’snotion of practical postu- lation held considerable interest for Fichte, Schelling,and Hegel. What Iseekto show is the systematic connection of these twofacts: examination of the ways in which Kant’spostulates of pure practical reason exposed the Kantian system to criticism sheds light,Iargue, on some of the fundamental moves made by the German Idealists in their transformation of Kant’sphilosophy. It is afamiliaridea that,inorder to understand German Idealism, we need to go back to Kant andsee howthere mightbefound in himthe groundsand meansfor going beyond him, andthere arenoshortageofpointsinKantfromwhich theGer- manIdealistdevelopment maybeprojected:Kant’stheories of theselfand of humanfreedom,the subjectivism of transcendentalidealismand itsquestionable solution to theproblem of skepticism,and theproblematic bifurcationoffreedom andnature, to name butafew. What Iseektodohereisadd anotherelement to thenarrative, whichitseems to me hasnot received dueemphasis, namelythe central role played by thepractical postulates of Kant’smoral theology. The moral theologyand Kant’sconception of practical postulation held con- siderable interest for Fichte, Schelling, and Hegel. Writingswhich stand out as testifyingtothe German Idealists’ -
The Pursuit of Pragmatism
The Pursuit of Pragmatism Steven D. Smitht Halfa decade ago, pragmatist legal scholars were wont to regard themselves as voices crying in the wilderness. Robin West lamented the "demise of prag- matic liberalism,"1 which had been displaced by a more theoretical version of liberalism founded on the ideal of neutrality. Anthony Kronman, writing in support of a "prudentialism" that partook of many of the characteristics associ- ated with pragmatism,2 was similarly pessimistic about the "rationalist ethos of our times."3 At about the same time, Ronald Dworkin was castigating legal pragmatism, but he evidently believed that the object of his criticism was virtually defunct already. "Many readers must have been shocked," Dworkin speculated, by the very description of legal pragmatism; and such readers would "be surprised that anyone would propose pragmatism as an eligible interpretation of our present [legal] practice. ' 4 Lest he be accused of brutalizing a straw man, Dworkin saw fit to attempt a modest rehabilitation of legal pragmatism5 before he proceeded to demolish it. But history, as we know, can take sudden and surprising turns. Five years after West and Kronman offered their dismal diagnoses, leading legal thinkers are celebrating a "Renaissance of Pragmatism in American Legal Thought."6 7 Numerous legal scholars today are pleased to claim the title of pragmatist. If t Professor of Law, University of Colorado. I thank Paul Campos, Fred Gedicks, Thomas Grey, Kerry Macintosh, Chris Mueller, Robert Nagel, and Art Travers for reading and commenting on earlier drafts of this article, and Pierre Schlag for numerous helpful conversations about its subject. -
John Finnis's Contribution to the Rediscovery of Aristotelian Ethical Methodology in Aquinas's Moral Philosophy: a Personal Account
Volume 57 Issue 5 Article 7 2012 Practical Reason, Human Nature, and the Epistemology of Ethics: John Finnis's Contribution to the Rediscovery of Aristotelian Ethical Methodology in Aquinas's Moral Philosophy: A Personal Account Martin Rhonheimer Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the Legal History Commons Recommended Citation Martin Rhonheimer, Practical Reason, Human Nature, and the Epistemology of Ethics: John Finnis's Contribution to the Rediscovery of Aristotelian Ethical Methodology in Aquinas's Moral Philosophy: A Personal Account, 57 Vill. L. Rev. 873 (2012). Available at: https://digitalcommons.law.villanova.edu/vlr/vol57/iss5/7 This Symposia is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. Rhonheimer: Practical Reason, Human Nature, and the Epistemology of Ethics: J \\jciprod01\productn\V\VLR\57-5\VLR507.txt unknown Seq: 1 27-DEC-12 11:19 2012] PRACTICAL REASON, HUMAN NATURE, AND THE EPISTEMOLOGY OF ETHICS JOHN FINNIS’S CONTRIBUTION TO THE REDISCOVERY OF ARISTOTELIAN ETHICAL METHODOLOGY IN AQUINAS’S MORAL PHILOSOPHY: A PERSONAL ACCOUNT REVEREND MARTIN RHONHEIMER* HEN in 1986, exactly twenty five years ago, I first met John Finnis by Wlistening to a paper he delivered at a Congress in Rome I did this with feelings of admiration and gratitude. At that time I was finishing a book on natural law in Aquinas.1 This book was the fruit of a methodolog- ical turn for which I found confirmation and an important source of fur- ther inspiration in John Finnis’s work on Natural Law2 and on what, in a second book, he called the Fundamentals of Ethics.3 The following, there- fore, is both an account of some aspects of my intellectual biography and an homage to Professor Finnis whom we have come together in this con- ference to honor.