Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revised versions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to the methodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds to challenges to his interpretive and philosophical claims by academic lawyers and philosophers. This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.
Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revisedversions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to themethodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds tochallenges to his interpretive and philosophical claims by academic lawyers and philosophers.This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.
This provocative book addresses one of the most enduring puzzles in political philosophy and constitutional theory—why is religion singled out for preferential treatment in both law and public discourse? Why are religious obligations that conflict with the law accorded special toleration while other obligations of conscience are not? In Why Tolerate Religion?, Brian Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.
Oxford Studies in the Philosophy of Law is an annual forum for new philosophical work on law. The essays range widely over general jurisprudence (the nature of law, adjudication, and legal reasoning), philosophical foundations of specific areas of law (from criminal to international law), and other philosophical topics relating to legal theory.
The seven original essays included in this volume from 2000, written by some of the world's most distinguished moral and legal philosophers, offer a sophisticated perspective on issues about the objectivity of legal interpretation and judicial decision-making. They examine objectivity from both metaphysical and epistemological perspectives and develop a variety of approaches, constructive and critical, to the fundamental problems of objectivity in morality. One of the key issues explored is that of the alleged 'domain-specificity' of conceptions of objectivity, i.e. whether there is a conception of objectivity appropriate for ethics that is different in kind from the conception of objectivity appropriate for other areas of study. This volume considers the intersection between objectivity in ethics and objectivity in law. It presents a survey of live issues in metaethics, and examines their relevance to theorizing about law and adjudication.
The modern materialist approach to life has conspicuously failed to explain such central mind-related features of our world as consciousness, intentionality, meaning, and value. This failure to account for something so integral to nature as mind, argues philosopher Thomas Nagel, is a major problem, threatening to unravel the entire naturalistic world picture, extending to biology, evolutionary theory, and cosmology. Since minds are features of biological systems that have developed through evolution, the standard materialist version of evolutionary biology is fundamentally incomplete. And the cosmological history that led to the origin of life and the coming into existence of the conditions for evolution cannot be a merely materialist history, either. An adequate conception of nature would have to explain the appearance in the universe of materially irreducible conscious minds, as such. Nagel's skepticism is not based on religious belief or on a belief in any definite alternative. InMind and Cosmos, he does suggest that if the materialist account is wrong, then principles of a different kind may also be at work in the history of nature, principles of the growth of order that are in their logical form teleological rather than mechanistic. In spite of the great achievements of the physical sciences, reductive materialism is a world view ripe for displacement. Nagel shows that to recognize its limits is the first step in looking for alternatives, or at least in being open to their possibility.
As a field of scholarship, gender and politics has exploded over the last fifty years and is now global, institutionalized, and ever expanding. The Oxford Handbook of Gender and Politics brings to political science an accessible and comprehensive overview of the key contributions of gender scholars to the study of politics and shows how these contributions produce a richer understanding of polities and societies. Like the field it represents, the handbook has a broad understanding of what counts as political and is based on a notion of gender that highlights masculinities as well as femininities, thereby moving feminist debates in politics beyond the focus on women. It engages with some of the key aspects of political science as well as important themes in gender and feminist research (such as sexuality and body politics), thereby forging a dialogue between gender studies in politics and mainstream political science. The handbook is organized in sections that look at sexuality and body politics; political economy; civil society; participation, representation and policymaking; institutions, states and governance as well as nation, citizenship and identity. The Oxford Handbook of Gender and Politics contains and reflects the best scholarship in its field.
The Oxford Handbooks series is a major new initiative in academic publishing. Each volume offers an authoritative and up-to-date survey of original research in a particular subject area. Specially commissioned essays from leading figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of Continental Philosophy is the definitive guide to the major themes of the continental European tradition in philosophy in the nineteenth and twentieth centuries. Brian Leiter and Michael Rosen have assembled a stellar group of contributors who provide a thematic treatment of continental philosophy, treating its subject matter philosophically and not simply as a series of museum pieces from the history of ideas. The scope of the volume is broad, with discussions covering a wide range of philosophical movements including German Idealism, existentialism, phenomenology, Marxism, postmodernism, and critical theory, as well as thinkers like Hegel, Marx, Nietzsche, Freud, Heidegger, and Foucault. This Handbook will be an essential reference point for graduate students and professional academics working on continental philosophy, as well as those with an interest in European literature, the history of ideas, and cultural studies.
Both an introduction to Nietzsche’s moral philosophy, and a sustained commentary on his most famous work, On the Genealogy of Morality, this book has become the most widely used and debated secondary source on these topics over the past dozen years. Many of Nietzsche’s most famous ideas - the "slave revolt" in morals, the attack on free will, perspectivism, "will to power" and the "ascetic ideal" - are clearly analyzed and explained. The first edition established the centrality of naturalism to Nietzsche’s philosophy, generating a substantial scholarly literature to which Leiter responds in an important new Postscript. In addition, Leiter has revised and refreshed the book throughout, taking into account new scholarly literature, and revising or clarifying his treatment of such topics as the objectivity of value, epiphenomenalism and consciousness, and the possibility of "autonomous" agency.
The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory. Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists Each essay incorporates essential background material on the history and logic of the topic, as well as advancing the arguments Represents a wide variety of perspectives on current legal theory
This title in the Oxford Readings in Philosophy series brings together some of the most influential and stimulating essays on Nietzsche's philosophy to have appeared over the last three decades. Including a substantial editorial introduction by John Richardson, this volume covers Nietzsche's major interpretative positions and gives an argued examination of each.
This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.
In the contemporary domain of American legal thought there is a dominant way in which lawyers and judges craft their argumentative practice. More colloquially, this is a dominant conception of what it means to 'think like a lawyer'. Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Justin Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School's first generation of critical legal studies, Desautels-Stein develops what he calls a jurisprudence of style. In doing so, he uncovers the intellectual alliance, first emerging at the end of the nineteenth century and maturing in the last third of the twentieth century, between American pragmatism and liberal legal thought. Applying the tools of legal structuralism and phenomenology to real-world cases in areas of contemporary legal debate, this book develops a practice-oriented understanding of legal thought.
WINNER OF THE 2015 IBPA BENJAMIN FRANKLIN AWARD IN POLITICS/CURRENT EVENTS The Ecology of Law Fritjof Capra and Ugo Mattei argue that at the root of many of the environmental, economic, and social crises we face today is a legal system based on an obsolete worldview. Capra, a bestselling author, physicist, and systems theorist, and Mattei, a distinguished legal scholar, explain how, by incorporating concepts from modern science, the law can become an integral part of bringing about a better world, rather than facilitating its destruction. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: the world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Capra and Mattei show that this has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on this planet. This is a profound and visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet.
In the mid-1950s C.P. Snow began his campaign against the 'two cultures' - the debilitating divide, as he saw it, between traditional 'literary intellectual' culture, and the culture of the sciences, urging in its place a 'third culture' which would draw upon and integrate the resources of disciplines spanning the natural and social sciences, the arts and the humanities. Murray Smith argues that, with the ever-increasing influence of evolutionary theory and neuroscience, and the pervasive presence of digital technologies, Snow's challenge is more relevant than ever. Working out how the 'scientific' and everyday images of the world 'hang' together is no simple matter. In Film, Art, and the Third Culture, Smith explores this question in relation to the art, technology, and science of film in particular, and to the world of the arts and aesthetic activity more generally. In the first part of his book, Smith explores the general strategies and principles necessary to build a 'third cultural' or naturalized approach to film and art - one that roots itself in an appreciation of scientific knowledge and method. Smith then goes on to focus on the role of emotion in film and the other arts, as an extended experiment in the 'third cultural' integration of ideas on emotion spanning the arts, humanities and sciences. While acknowledging that not all of the questions we ask are scientific in nature, Smith contends that we cannot disregard the insights wrought by taking a naturalized approach to the aesthetics of film and the other arts.
Taking up a single question - 'What does it mean to say that a proposition of law is true?' - this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. Despite surface differences, the most widely discussed accounts of legal meaning - from moral realism to interpretivism - each commit themselves, Patterson argues, to a defective notion of reference in accounting for the truth of legal propositions. Tracing this common truth-conditional perspective - wherein propositions of law are true in virtue of some condition, be it a moral essence, a social fact, or communal agreement - to its source in modernism, Patterson develops an alternative (postmodern) account of legal justification, one in which linguistic practice - the use of forms of legal argument - holds the key to legal meaning.
In Basic Structures of Reality, Colin McGinn deals with questions of metaphysics, epistemology, and philosophy of mind from the vantage point of physics. Combining general philosophy with physics, he covers such topics as the definition of matter, the nature of space, motion, gravity, electromagnetic fields, the character of physical knowledge, and consciousness and meaning. Throughout, McGinn maintains an historical perspective and seeks to determine how much we really know of the world described by physics. He defends a version of "structuralism": the thesis that our knowledge is partial and merely abstract, leaving a large epistemological gap at the center of physics. McGinn then connects this element of mystery to parallel mysteries in relation to the mind. Consciousness emerges as just one more mystery of physics. A theory of matter and space is developed, according to which the impenetrability of matter is explained as the deletion of volumes of space. McGinn proposes a philosophy of science that distinguishes physics from both psychology and biology, explores the ontology of energy, and considers the relevance of physics to seemingly remote fields such as the theory of meaning. In the form of a series of aphorisms, the author presents a metaphysical system that takes laws of nature as fundamental. With its broad scope and deep study of the fundamental questions at the heart of philosophy of physics, this book is not intended primarily for specialists, but for the general philosophical reader interested in how physics and philosophy intersect.