The Normative Theory of Law
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Fuller and the Folk: the Inner Morality of Law Revisited
Forthcoming in T. Lombrozo, J. Knobe, & S. Nichols (Eds.), Oxford Studies in Experimental Philosophy, Volume 3. Oxford: UK, Oxford University Press. Fuller and the Folk: The Inner Morality of Law Revisited Raff Donelson Ivar R. Hannikainen LOUISIANA STATE UNIVERSITY PONTIFICAL CATHOLIC UNIVERSITY [email protected] OF RIO DE JANEIRO [email protected] The philosophy of law, or jurisprudence, is an concept has—this empirical debate would area of study wherein experimental methods benefit from empirical research. In are largely absent but sorely needed. It is particular, we might seek out folk puzzling that the experimental turn has been psychological evidence, predicated on the slow in coming to jurisprudence, as the field positive impact such evidence has had in other straddles two disciplines where empirical domains of philosophy. evidence is increasingly common. On one The foregoing may not be convincing. flank, empirical studies have long been Traditional legal philosophers who do not use popular among non-philosophers in law empirical methods will need to hear more to departments; on the other, experimental appreciate why strange, new techniques methods now abound in many areas of might be appropriate. Experimental philosophy. philosophers who have yet to consider While it is difficult to understand why few jurisprudence will need to hear more about have adopted an experimental approach to the subfield and its issues to understand how jurisprudence, it is clear why experimental they might contribute. We hope to address jurisprudence should be on the agenda: legal such philosophers and others, but not with a philosophers routinely ask questions that are purely metaphilosophical tract. -
Some Strands of Wittgenstein's Normative Pragmatism
Some Strands of Wittgenstein’s Normative Pragmatism, and Some Strains of his Semantic Nihilism ROBERT B. BRANDOM ABSTRACT WORK TYPE In this reflection I address one of the critical questions this monograph is Article about: How to justify proposing yet another semantic theory in the light of Wittgenstein’s strong warnings against it. I see two clear motives for ARTICLE HISTORY Wittgenstein’s semantic nihilism. The first one is the view that philosophical Received: problems arise from postulating hypothetical entities such as ‘meanings’. To 27–January–2018 dissolve the philosophical problems rather than create new ones, Wittgenstein Accepted: suggests substituting ‘meaning’ with ‘use’ and avoiding scientism in philosophy 3–March–2018 together with the urge to penetrate in one's investigation to unobservable depths. I believe this first motive constitutes only a weak motive for ARTICLE LANGUAGE Wittgenstein’s quietism, because there are substantial differences between English empirical theories in natural sciences and semantic theories in philosophy that KEYWORDS leave Wittgenstein’s assimilation of both open to criticism. But Wittgenstein is Meaning and Use right, on the second motive, that given the dynamic character of linguistic Hypothetical Entities practice, the classical project of semantic theory is a disease that can be Antiscientism removed or ameliorated only by heeding the advice to replace concern with Semantic Nihilism meaning by concern with use. On my view, this does not preclude, however, a Linguistic Dynamism different kind of theoretical approach to meaning that avoids the pitfalls of the Procrustean enterprise Wittgenstein complained about. © Studia Humanitatis – Universidad de Salamanca 2019 R. Brandom (✉) Disputatio. Philosophical Research Bulletin University of Pittsburgh, USA Vol. -
Social Norms and Social Influence Mcdonald and Crandall 149
Available online at www.sciencedirect.com ScienceDirect Social norms and social influence Rachel I McDonald and Christian S Crandall Psychology has a long history of demonstrating the power and and their imitation is not enough to implicate social reach of social norms; they can hardly be overestimated. To norms. Imitation is common enough in many forms of demonstrate their enduring influence on a broad range of social life — what creates the foundation for culture and society phenomena, we describe two fields where research continues is not the imitation, but the expectation of others for when to highlight the power of social norms: prejudice and energy imitation is appropriate, and when it is not. use. The prejudices that people report map almost perfectly onto what is socially appropriate, likewise, people adjust their A social norm is an expectation about appropriate behav- energy use to be more in line with their neighbors. We review ior that occurs in a group context. Sherif and Sherif [8] say new approaches examining the effects of norms stemming that social norms are ‘formed in group situations and from multiple groups, and utilizing normative referents to shift subsequently serve as standards for the individual’s per- behaviors in social networks. Though the focus of less research ception and judgment when he [sic] is not in the group in recent years, our review highlights the fundamental influence situation. The individual’s major social attitudes are of social norms on social behavior. formed in relation to group norms (pp. 202–203).’ Social norms, or group norms, are ‘regularities in attitudes and Address behavior that characterize a social group and differentiate Department of Psychology, University of Kansas, Lawrence, KS 66045, it from other social groups’ [9 ] (p. -
What Normative Terms Mean and Why It Matters for Ethical Eory
What Normative Terms Mean and Why It Matters for Ethical eory* Alex Silk University of Birmingham [email protected] Forthcoming in M. Timmons (Ed.), Oxford Studies in Normative Ethics, Vol. Abstract is paper investigates how inquiry into normative language can improve substantive normative theorizing. First I examine two dimensions along which normative language differs: “strength” and “subjectivity.” Next I show how greater sensitivity to these features of the meaning and use of normative lan- guage can illuminate debates about three issues in ethics: the coherence of moral dilemmas, the possibility of supererogatory acts, and the connection between making a normative judgment and being motivated to act accord- ingly. e paper concludes with several brief reections on the theoretical utility of the distinction — at least so-called — between “normative” and “non- normative” language and judgment. e discussions of these specic linguistic and normative issues can be seen as case studies illustrating the fruitfulness of utilizing resources from philosophy of language for normative theory. Get- ting clearer on the language we use in normative conversation and theorizing can help us diagnose problems with bad arguments and formulate better mo- tivated questions. is can lead to clearer answers and bring into relief new theoretical possibilities and avenues to explore. *anks to Eric Swanson and the audience at the Fih Annual Arizona Normative Ethics Work- shop for discussion, and to two anonymous referees for comments. Contents Introduction Weak and strong necessity Endorsing and non-endorsing uses Dilemmas Supererogation Judgment internalism and “the normative” Conclusion Introduction e strategy of clarifying philosophical questions by investigating the language we use to express them is familiar. -
Modernity and the (Im)Possibility of Transcendence
Modernity and the (Im)Possibility of Transcendence A Cognitive Map for Liberation: From Nietzsche and Modern Binaries to Ghazalian Noetics by Fareah Fysudeen A thesis presented for the BA degree with Honors in Philosophy The Department of Philosophy University of Michigan Winter 2021 Advisors: Daniel Herwitz and Alexander Knysh i ii Acknowledgments This thesis wouldn’t have been possible without the continued support of my primary advisor, Dr. Daniel Herwitz, and my secondary advisor, Dr. Alexander Knysh. It is with their guidance, feedback, and encouragement that I was able to undertake what still seems to me a mammoth task. I would like to thank the Philosophy Department for being my first love at the University of Michigan and for housing a particularly astounding group of faculty who have allowed me the creative and intellectual freedom to critique, challenge, and wonder about the world and its meaning, especially David Baker, Laura Reutsche, James Joyce, Andreas Gailus, and again Daniel Herwitz. I also thank my professors Samer Ali, Su’ad Abdul Khabeer, and Debotri Dhar for revolutionizing my understanding of Islam and/or liberation. My intellectual journey in my undergraduate career began with the particularly plucky group of young philosophers in the Society of Deontology (run by the inspirational Guus Duindam) whose conversations I will always remember fondly; and it led me all the way to Morocco where I met an Islamic environmentalist who set my life down a surprising and wonderful trajectory. For both, I am incredibly grateful. I thank my Muslim community at the University of Michigan and at home for reminding me where love and home truly is. -
A Priori Rules: Wittgenstein on the Normativity of Logic
A Priori Rules: Wittgenstein on the Normativity of Logic Peter Railton The University of Michigan Introduction Like many, I have long been uneasy with the category of the a priori. Perhaps I have simply misunderstood it. It has seemed to me, at any rate, that asserting a claim or principle as a priori is tantamount to claiming that we would be justified in ruling out alternatives in advance, no matter what the future course of experience might hold. Yet in my own case, I have felt it would be mere bluffing were I to lodge such a claim. I certainly could not discover in myself any sense of the requisite authority, nor even any clear idea of where to look for guidance in forming it. Contemplating widely-used examples of "propositions true a priori" did not remove my worry. For a start, there was the shadow of history. A claim like "logical truth is a priori" or "the attribution of rationality is a priori in intentional explanation" kept sounding, to my ears, as if they echoed "the Euclidean geometry of space is a priori" or "the principle of sufficient reason is a priori in physical explanation". And these echoes awakened just sort of the worry that had initially unsettled me: I would pronouce myself satisfied that certain claims, at least, were safe from the threat of contrary experience, just on the eve of developments in our on-going view of the world that would lead a sensible person to want to reopen the question. So I would emerge looking like the (perhaps apocryphal) fellow who claimed, in the wake of the great inventions of the nineteenth century, that the US Patent Office could now be closed, since all the really new ideas had been used up. -
Epistemic Justification, Normative Guidance, and Knowledge
13 Epistemic Justication, Normative Guidance, and Knowledge ∗ ARTURS LOGINS Abstract. Recently, Pascal Engel has defended a version of a compatibilist view in epistemology that combines both an element of externalism and an element of internalism (Engel 2007, 2012). According to this position exter- nalism has to be adopted about knowledge, whereas internalism has to be endorsed concerning epistemic justification. In this paper I argue that consi- derations that, allegedly, motivates Engel’s internalism about epistemic justi- fication, can be explained equally well, or, indeed, even better by a knowledge based externalist account of epistemic justification. ∗This paper is dedicated to Pascal Engel. I would like to express my gratefulness to Pascal for his teaching and support. His work has made an important impact on me. In particular his Engel 2000, and his Engel 2007 contributed largely to my initiation to analytic philosophy and contem- porary epistemology, respectively. The research work that lead to this article was supported by the Swiss National Science Foundation (SNSF) grant number 100015_131794 (project Knowledge, Evidence, and Practice). 169 170 ARTURS LOGINS 1. Introduction Recently, Pascal Engel has defended a version of a compatibilist view in epis- temology that combines both an element of externalism and an element of internalism (Engel 2007, 2012). In short, according to this view, knowledge has to be characterized in externalist terms, whereas epistemic justification and ra- tionality has to be characterized in internalist terms. The externalist view about knowledge that Engel favours integrates a ver- sion of safety account of knowledge that requires that knowledge is safe belief and does not require that a subject has a reflective access top in order for the subject to know thatp (see Engel 2012 : 8). -
Hartian Positivism and Normative Facts: How Facts Make Law II
UCLA UCLA Public Law & Legal Theory Series Title Hartian Positivism and Normative Facts: How Facts Make Law II Permalink https://escholarship.org/uc/item/81q9p7hk Author Greenberg, Mark Publication Date 2006-03-03 Peer reviewed eScholarship.org Powered by the California Digital Library University of California Hartian Positivism and Normative Facts: How Facts Make Law II Mark Greenberg UCLA School of Law and Department of Philosophy I. Introduction In How Facts Make Law and other recent papers,1 I argue that a full constitutive account of the content of the law – of legal facts – must appeal to normative facts. The project of HFML is to defend this position without assuming that legal facts are themselves normative facts. The argument’s engine is a requirement that a constitutive account of legal facts must meet. According to this rational-relation requirement,2 it is not enough for a constitutive account of legal facts to specify non-legal facts that modally determine the legal facts. The constitutive determinants of legal facts must provide reasons for the obtaining of the legal facts (in a sense of “reason” that I develop). In HFML,3 I argue that non-normative, contingent facts – descriptive facts, for short – do not provide such reasons without normative facts.4 In the present paper, I focus on the rational-relation requirement. I deploy it in three related projects. First, I respond to a family of objections that challenge me to explain why normative facts and descriptive facts together are better placed to provide 1 Mark Greenberg, How Facts Make Law, <INSERT CITE FOR HFML IN THIS VOLUME HERE 2006> [hereinafter HFML]. -
Normative Surrender
Michigan Journal of International Law Volume 9 Issue 1 1988 Normative Surrender Jerome B. Elkind University of Wyoming, College of Law Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Human Rights Law Commons, International Law Commons, and the Public Law and Legal Theory Commons Recommended Citation Jerome B. Elkind, Normative Surrender, 9 MICH. J. INT'L L. 263 (1988). Available at: https://repository.law.umich.edu/mjil/vol9/iss1/9 This Article is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. Normative Surrender Jerome B. Elkind* INTRODUCTION In the published papers of a recent colloquium on the life and works of Hugo Grotius, the observation was made that Grotius attempted to steer a path between "Utopian idealism which had no chance of exercising any influence on the actual behavior of States, and Machiavellian realism which would have amounted to total surrender to their will and whim."' Concern for the distinction between idealism and realism, an issue even at the dawn of the era of power politics, is very much a current issue. In the world of modem international law doctrine there is no greater scorn than that reserved by self-professed "realists" for those whom they choose to regard as "idealists." In the cynical atmosphere of the late twentieth century, it is fashionable to be a realist. -
History of Medieval Philosophy - En-Cours-2017-Lfilo1281 Lfilo1281 History of Philosophy 2: History of 2017 Medieval Philosophy
Université catholique de Louvain - History of philosophy 2: History of medieval Philosophy - en-cours-2017-lfilo1281 lfilo1281 History of philosophy 2: History of 2017 medieval Philosophy 3 credits 30.0 h Q1 This biannual learning is being organized in 2017-2018 Teacher(s) Counet Jean-Michel ; Language : French Place of the course Louvain-la-Neuve Prerequisites / The prerequisite(s) for this Teaching Unit (Unité d’enseignement – UE) for the programmes/courses that offer this Teaching Unit are specified at the end of this sheet. Main themes The course will carefully examine the genesis of philosophy in the Middle Ages. The links to doctrines from Antiquity are very strong. However, we notice also that an interiority characteristic of Augustinian Christianity begins to gain ground, as does a type of rational questioning based on faith. Authors such as Augustine, Boethius, and Pseudo- Dionysius are revealing in this respect. Having examined the links to Antiquity, we shall move on to an examination of the impact that Arab thought had on Medieval thinking: the rediscovery of Aristotle through Arabic and Greek translations; the emergence of the University as an institution devoted to philosophical reflection. Finally, we shall examine the impact of the condemnations of 1277: these dealt a fatal blow to radical Averroism and, in the end, gave birth to a class of intellectuals who thought outside of a direct reference to the Church. Aims By the end of the course, the student should be able to give an account of the main problems Medieval philosophers confronted (the problem of universals, reason and faith, logic and the knowledge of God, Aristotelianism and Neo-Platonism, transitions-from antiquity and into the Renaissance, etc.). -
A Brief Look at Mathematics and Theology Philip J
Humanistic Mathematics Network Journal Issue 27 Article 14 Winter 1-1-2004 A Brief Look at Mathematics and Theology Philip J. Davis Brown University Follow this and additional works at: http://scholarship.claremont.edu/hmnj Part of the Logic and Foundations of Mathematics Commons, Mathematics Commons, and the Religious Thought, Theology and Philosophy of Religion Commons Recommended Citation Davis, Philip J. (2004) "A Brief Look at Mathematics and Theology," Humanistic Mathematics Network Journal: Iss. 27, Article 14. Available at: http://scholarship.claremont.edu/hmnj/vol1/iss27/14 This Article is brought to you for free and open access by the Journals at Claremont at Scholarship @ Claremont. It has been accepted for inclusion in Humanistic Mathematics Network Journal by an authorized administrator of Scholarship @ Claremont. For more information, please contact [email protected]. 1 A Brief Look at Mathematics and Theology Philip J. Davis "Such a really remarkable discovery. I wanted your opinion on it. You know the formula m over naught equals infinity, m being any positive number? [m/0 = ]. Well, why not reduce the equation to a simpler form by multiplying both sides by naught? In which case you have m equals infinity times naught [m = x 0]. That is to say, a positive number is the product of zero and infinity. Doesn't that demonstrate the creation of the Universe by an infinite power out of nothing? Doesn't it?" Aldous Huxley, Point Counter Point, (1928), Chapter XI. I Introduction We are living in a mathematical age. Our lives, from the personal to the communal, from the communal to the international, from the biological and physical to the economic and even to the ethical, are increasingly mathematicized. -
Noetics Lawrence Krader
Noetics Lawrence Krader ©2010 Cyril Levitt Editor’s Introduction Lawrence Krader passed away on November 15, 1998, after having produced what he considered to be the antepenultimate draft of his magnum opus on noetics. He planned to prepare the final draft for publication in the following year. In August 1998, during our last face- to-face meeting in Berlin, he reviewed the theory of noetics with me and felt confident that the manuscript he had completed to that point contained all the major ideas that he wished to present to the reading public. It was then a matter of fine-tuning. In preparing this manuscript for publication, I have exercised my editorial privilege and decided not to second guess the author in terms of clarifying ambiguities in the text, smoothing out cumbersome con- structions of language that would have surely been changed in the final draft, eliminate repetitive thoughts or passages, or adding and specifying further bibliographic detail that might be of help to the reader. I’ve performed some light editing, correcting spelling and grammar mistakes such as they were, and obvious errors, for example, where one thinker was identified in the text when it was clear that another was meant. I decided upon this strategy not only because I didn’t want to second-guess the intention of the author in matters of detail; in addition, I felt that the reader should wrestle with Krader’s words as he left them. The book will be a “rougher” and less elegant read, but the reader will hopefully benefit from this encounter with a manuscript in statu nascendi, a whole lacking the finishing touches and some elegant turns of phrase in a polished draft of which the author could say “this is my final product.” In a strange way, as the reader will discover, the lack of synthesis is a theme of noetics.