Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David (...) Lewis. Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct. (shrink)

Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David (...) Lewis. Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct. (shrink)

Rendre hommage à un auteur, ce n'est pas seulement célébrer ce qu'il fut mais c'est aussi alerter sur ce que son oeuvre apporte au présent et à l'avenir de la connaissance. C'est bien le sens donné à cet hommage à André-Jean Arnaud. Repenser le droit, c'était pou r cet auteur érudit : repenser les lieux, les conditions et les façons de l'étudier en dépassant les frontières géographiques en même temps que les frontières disciplinaires. En montrant en quoi André-Jean Arnaud fut, (...) hors des sentiers battus et des orthodoxies de la production et de la transmission des savoirs en la matière, un exceptionnel précurseur et l'infatigable artisan d'un nouveau régime de connaissance sur le droit, le présent ouvrage s'adresse à toutes celles et à tous ceux, enseignants, chercheurs, étudiants ou simples citoyens, pou r qui l'étude du droit permet de mieux comprendre ce que sont et ce que sont susceptibles de devenir nos sociétés. (shrink)

André Tosel, décédé en mars 2017, était un philosophe engagé, attaché tout au long de son existence à faire vivre un marxisme critique puisant notamment dans le meilleur de la tradition italienne de ce courant de pensée ; il fut l'un des rares français à introduire et discuter les oeuvres majeures d'A. Labriola et surtout d'A. Gramsci, ainsi par ailleurs que celles de Vico dont il fut un fin connaisseur. Il consacra sa thèse de doctorat d'état aux rapports entre religion, (...) politique et philosophie chez Spinoza et contribua de façon décisive à de nouvelles lectures du philosophe en le mettant en miroir de Marx. Professeur de philosophie des universités de Besançon, Franche Comté, de Paris 1 Panthéon-Sorbonne et de Nice Sophia-Antipolis, dans lesquelles il occupa de nombreuses fonctions de directions administratives et scientifiques, il était un homme de collectif attaché à faire vivre le savoir, s'engageant dans la vie universitaire et politique, contribuant également de manière décisive au lancement et à l'animation de la revue Actuel Marx. Passionné par l'évolution des pensées contemporaines, il intervenait régulièrement dans des débats d'actualité, sous la forme de contributions dans L'Humanité ou dans des ouvrages destinés à un public large, tout particulièrement dans la dernière période sur les questions de sécularisation, de laïcité et de religion. Cet ouvrage entend lui rendre hommage en abordant les différentes facettes de son oeuvre, traversant un demi-siècle de vie intellectuelle. (shrink)

According to traditional Judeo-Christian-Islamic theism, God is an omniscient, omnipotent, and morally perfect agent. This volume shows that philosophy of religion needs to take seriously alternative concepts of the divine, and demonstrates the considerable philosophical interest that they hold.

In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal (...) domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law. (shrink)

Generic statements (e.g., “Birds lay eggs”) express generalizations about categories. In this paper, we hypothesized that there is a paradoxical asymmetry at the core of generic meaning, such that these sentences have extremely strong implications but require little evidence to be judged true. Four experiments confirmed the hypothesized asymmetry: Participants interpreted novel generics such as “Lorches have purple feathers” as referring to nearly all lorches, but they judged the same novel generics to be true given a wide range of prevalence (...) levels (e.g., even when only 10% or 30% of lorches had purple feathers). A second hypothesis, also confirmed by the results, was that novel generic sentences about dangerous or distinctive properties would be more acceptable than generic sentences that were similar but did not have these connotations. In addition to clarifying important aspects of generics’ meaning, these findings are applicable to a range of real-world processes such as stereotyping and political discourse. (shrink)

This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is.

We propose that human reasoning relies on an inherence heuristic, an implicit cognitive process that leads people to explain observed patterns (e.g., girls wear pink) in terms of the inherent features of their constituents (e.g., pink is an inherently feminine color). We then demonstrate how this proposed heuristic can provide a unified account for a broad set of findings spanning areas of research that might at first appear unrelated (e.g., system justification, nominal realism, is–ought errors in moral reasoning). By revealing (...) the deep commonalities among the diverse phenomena that fall under its scope, our account is able to generate new insights into these phenomena, as well as new empirical predictions. A second main goal of this paper, aside from introducing the inherence heuristic, is to articulate the proposal that the heuristic serves as a foundation for the development of psychological essentialism. More specifically, we propose that essentialism—which is the common belief that natural and social categories are underlain by hidden, causally powerful “essences”—emerges over the first few years of life as an elaboration of the earlier, and more open-ended, intuitions supplied by the inherence heuristic. In the final part of the paper, we distinguish our proposal from competing accounts (e.g., Strevens' K-laws) and clarify the relationship between the inherence heuristic and related cognitive tendencies (e.g., the correspondence bias). In sum, this paper illuminates a basic cognitive process that emerges early in life and is likely to have profound effects on many aspects of human psychology. (shrink)

This book, a history of a religious category of ancient philosophy, is the first synthesis on the notion of daimōn in the Platonic tradition. It focuses on the relationship between demonology and, respectively, cosmology, the philosophical hermeneutics of religion and theories of the soul. Histoire d’une catégorie religieuse de la philosophie ancienne, ce livre représente la première synthèse sur la notion de daimōn dans la tradition platonicienne. Il étudie les relations de la démonologie avec la cosmologie, l’herméneutique philosophique de la (...) religion et les théories de l’âme. (shrink)

The purpose of this essay is to explore some of the main pragmatic aspects of communication within the legal context. It will be argued that in some crucial respects, the pragmatics of legal language is unique, involving considerations that are not typically present in ordinary conversational contexts. In particular, certain normative considerations that are typically settled in a regular conversational context are unresolved and potentially contentious in the legal case. On the other hand, the essay also argues that a careful (...) distinction between various pragmatic aspects of language use enables us to offer some generalizations about types of pragmatic enrichment that could be taken to form, or not to form, part of what is actually determined by legal expressions. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

The ways in which we exercise intentional agency are varied. I take the domain of intentional agency to include all that we intentionally do versus what merely happens to us. So the scope of our intentional agency is not limited to intentional action. One can also exercise some intentional agency in omitting to act and, importantly, in producing the intentional outcome of an intentional action. So, for instance, when an agent is dieting, there is an exercise of agency both with (...) respect to the agent’s actions and omissions that constitute her dieting behavior and in achieving the intended outcome of losing weight. In our mental lives we exercise intentional agency both in performing mental actions and when we intentionally produce certain outcomes at which our mental actions are aimed. The nature and scope of our intentional agency in our mental lives with respect to controlling the acquisition of mental states such as belief, desire, and intention is a topic that is of interest in its own right. In this essay, I will focus solely on our control over coming to believe. Understanding what sort of control we have our beliefs has far-reaching implications. For instance, theorizing about self-deception and wishful thinking is aided by theorizing about what if any intentional agency we can exercise with respect to acquiring beliefs. Another often mentioned concern that motivates thinking about doxastic agency comes from religion (when conversion requires a change of belief). We also hold persons morally and epistemically responsible for beliefs they have or fail to have. Finally, some deontological theories of epistemic justification require that agents be able to exercise a robust form of doxastic control. Fruitful work on any of these problems requires that we have an account of our intentional agency in acquiring beliefs. There are at least three loci of doxastic control. The first is over acquiring beliefs. The second is over maintaining beliefs. The third is over how we use our beliefs. I am chiefly concerned with the first locus of doxastic control in this essay, but I will say something about the second locus along the way. Also, I will only consider one way we might exercise control over acquiring beliefs. Specifically, I will present an argument against direct doxastic voluntarism (DDV). By “DDV” I mean to refer to the thesis that it is conceptually possible for agents to consciously exercise the same sort of direct voluntary control over coming to acquire a doxastic attitude—such as belief, suspension of belief, and disbelief—that they exercise over uncontroversial basic actions. If DDV is correct, then coming to believe can be a basic action-type. DDV, or something very close to it, was Bernard Williams’ target in his 1973 paper, “Deciding to Believe.” Williams’s argument is widely regarded as having been a failure. But I think that Williams was on to something in his paper. Hence, in this paper, while I do not attempt to resurrect Williams’s argument, I develop and defend a revised argument for a thesis that is quite close to Williams’s. I will proceed as follows. First, I will discuss Bernard Williams’ (1973) failed attempt at showing that DDV is conceptually impossible. This will be followed by a discussion of some constraints on our belief-forming activities. I will then clarify my target a bit more than Williams does in his original paper. Finally, I will present my own argument against the conceptual possibility of DDV. (shrink)

Research on the nature of dispositionality or causal power has flourished in recent years in metaphysics. This trend has slowly begun to influence debates in the philosophy of agency, especially in the literature on free will. Both sophisticated versions of agent-­‐causalism and the new varieties of dispositionalist compatibilism exploit recently developed accounts of dispositionality in their defense. In this paper, I examine recent work on agent-­‐causal power, focusing primarily on the account of agent-­‐causalism developed and defended by Timothy O’Connor’s in (...) his work on free will. Assuming the existence of irreducible causal powers, I offer an. (shrink)

nombreux textes inédits André Robinet. 2. LE SECOND MEMBRE DE LA DISJONCTION ARCHITECTONIQUE (D2): LES AUTOMATES SYSTÉMIQUES ( 1686-1716) Le discours leibnizien dans (v>4) emprunte la voie d'une communication qui ...

ABSTRACT: Defending the distinction between believing and accepting a proposition, I argue that cases where agents allegedly exercise direct voluntary control over their beliefs are instances of agents exercising direct voluntary control over accepting a proposition. The upshot is that any decision to believe a proposition cannot result directly in one’s acquiring the belief. Accepting is an instrumental mental action the agent performs that may trigger belief. A model of the relationship between acceptance and belief is sketched and defended. The (...) consequences of the distinction between belief and acceptance, and the model of belief control sketched are then applied to the recent case made by Carl Ginet in defense of the conceptual and psychological possibility of agents exercising direct voluntary control over their beliefs. n. (shrink)

In this paper I am concerned with the analysis of fragments of a discourse or text that express arguments suspected of being denials of the antecedent. I first argue that one needs to distinguish between two senses of ‘the argument expressed’. Second, I show that, with respect to one of these senses, given a Gricean account of the pragmatics of conditionals, some such fragments systematically express arguments that are valid.

This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work (...) available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which these interactions manifest. The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules. Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication. (shrink)

In the wake of the considerable cultural changes and social shifts that the United States and all advanced industrial democracies have experienced since the late 1960s and early 1970s, social discourse around the disempowered has changed in demonstrable ways. In From Property to Family: American Dog Rescue and the Discourse of Compassion, Andrei Markovits and Katherine Crosby describe a “discourse of compassion” that actually alters the way we treat persons and ideas once scorned by the social mainstream. This “culture (...) turn” has also affected our treatment of animals inaugurating an accompanying “animal turn”. In the case of dogs, this shift has increasingly transformed the discursive category of the animal from human companion to human family member. One of the new institutions created by this attitudinal and behavioral change towards dogs has been the breed specific canine rescue organization, examples of which have arisen all over the United States beginning in the early 1980s and massively proliferating in the 1990s and subsequent years. While the growing scholarship on the changed dimension of the human-animal relationship attests to its social, political, moral and intellectual salience to our contemporary world, the work presented in Markovits and Crosby’s book constitutes the first academic research on the particularly important institution of breed specific dog rescue. (shrink)

It has become increasingly popular to argue that legal positivism is actually a normative theory, and that it cannot be purely descriptive and mo.

In this note we demonstrate that the results of observations in the EPR–Bohm–Bell experiment can be described within the classical probabilistic framework. However, the “quantum probabilities” have to be interpreted as conditional probabilities, where conditioning is with respect to fixed experimental settings. Our approach is based on the complete account of randomness involved in the experiment. The crucial point is that randomness of selections of experimental settings has to be taken into account within one consistent framework covering all events related (...) to the experiment. This approach can be applied to any complex experiment in which statistical data are collected for various experimental settings. (shrink)

We use the system of p-adic numbers for the description of information processes. Basic objects of our models are so-called transformers of information, basic processes are information processes and statistics are information statistics (thus we present a model of information reality). The classical and quantum mechanical formalisms on information p-adic spaces are developed. It seems that classical and quantum mechanical models on p-adic information spaces can be applied for the investigation of flows of information in cognitive and social systems, since (...) a p-adic metric gives a quite natural description of the ability to form associations. (shrink)

Following the pioneering work of David Lewis, many philosophers believe that the rationale of following a convention consists in the fact that conventions are solutions to recurrent coordination problems. Margaret Gilbert has criticised this view, offering an alternative account of the nature of conventions and their normative aspect. In this paper I argue that Gilbert's criticism of Lewis and her alternative suggestions rest on serious misunderstandings. As between these two opposed views, Lewis's is closer to the truth, but I argue (...) only with respect to one type of convention. There is another, important type of conventions, whose normativity does not consist in the solution of coordination problems. The validity of conventions constituting (what I call) autonomous practices can only be derived from the values inherent in the practices they constitute and those values cannot be specified independently of the conventions themselves. (shrink)

I examine Galen Strawson's recent work on mental action in his paper, 'Mental Ballistics or The Involuntariness of Spontaneity'. I argue that his account of mental action is too restrictive. I offer a means of testing tokens of mental activity types to determine if they are actional. The upshot is that a good deal more mental activity than Strawson admits is actional.

Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss (...) some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality. (shrink)

Extended Abstract This book introduces and develops a new, universal method of the scientific comprehension of reality providing the objective, ...

In a recent article in this journal, John Bishop argues in defence of conceiving of Christian faith as a ‘doxastic venture’. That is, he defends the claim that, in exercising faith, agents believe beyond ‘what can be established rationally on the basis of evidence and argument’. Careful examination reveals that Bishop fails adequately to show that faith in the face of inadequate epistemic reasons for believing is, or can even be, a uniquely doxastic venture. I argue that faith is best (...) conceived of as a sub-doxastic venture that involves pragmatically assuming that God exists. (shrink)

Teleology in biology is making headline news in the United States. Conservative Christians are utilizing a teleological argument for the existence of a supremely intelligent designer to justify legislation calling for the teaching of "intelligent design" (ID) in public schools. Teleological arguments of one form or another have been around since Antiquity. The contemporary argument from intelligent design varies little from William Paley's argument written in 1802. Both argue that nature exhibits too much complexity to be explained by 'mindless' natural (...) forces alone. We need to postulate the existence of an intelligent designer, a creator with forethought and purpose. The inference to an intelligent creator harkens back to Plato’s teleological argument for the order of the cosmos. Plato’s demiurge is a creator that imposes order on the cosmos. Yet, as we shall see when we analyze the distinctly biological form of the more contemporary teleological arguments we will find remanants of Aristotle’s distinctive argument from functional arrangement, but without his distinctive form of telos which is unconscious and immanent rather than intelligent and creative from on high. The aim of this article is to survey various teleological arguments since Antiquity. Since a variant on Paley's argument—ID—is getting so much recent press I will start with a discussion on the nature of Paley’s teleology. (shrink)

I critique Matthias Steup’s account of exercising direct voluntary control over coming to have doxastic attitudes via doxastic decisions. I show that the sort of agency Steup argues is exercised in doxastic decision-making is not sufficient for agents to exercise direct voluntary control over their doxastic attitudes. This counts against such putative decisions being the locus of direct control in doxastic agency. Finally, I briefly consider what, if any, consequences the failure of Steup’s theory of doxastic agency may have for (...) epistemic deontologism. (shrink)

The case is discussed for the doctrine of hell as posing a unique problem of evil for adherents to the Abrahamic religions who endorse traditional theism. The problem is particularly acute for those who accept retributivist formulations of the doctrine of hell according to which hell is everlasting punishment for failing to satisfy some requirement. Alternatives to retributivism are discussed, including the unique difficulties that each one faces.

Annotation: This is a comprehensive and psychological history of art from a variety of cultures by one of the eminent thinkers of the twentieth century.

The normal way to establish that a person has authority over another requires a rule-governed institutional setting. To have authority is to have power, in the juridical sense of the term, and power can only be conferred by norms constituting it. Power-conferring norms are essentially institutional, and the obligation to comply with a legitimate authority's decree is, first and foremost, institutional in nature. The main argument presented in this essay is that an explanation of practical authorities is a two-stage affair: (...) the special, practical import of an authority can only be explained against the background of an institutional setting which constitutes the authority's power and the corresponding obligation to comply. However, this obligation is not an all things considered obligation, it is conditioned on reasons to participate in the relevant institution or practice. (shrink)

There are two questions I would like to address in this article. The first and main question is whether there are rules of recognition, along the lines suggested by H.L.A. Hart. The second question concerns the age-old issue of the autonomy of law. One of the main purposes of this article is to show how these two issues are closely related. The concept of a social convention is the thread holding these two points tightly knit in one coil. Basically, I (...) will argue that a novel account of social conventions can be employed to reestablish Hart's thesis about the rules of recognition, and that this same account shows why, and to what extent, law is partly an autonomous practice. (shrink)