Arthur Ripstein

In Legality, Scott Shapiro introduces what he calls the “Planning Theory of Law.” Shapiro introduces the idea of a plan with examples from outside of the law. He then must provide an account of what is distinctive about law, such that the other plan-based social orders are not also legal systems. He gives two answers: first, a legal system is organized by a moral aim. Second, a legal system is self-certifying. I examine these in turn, and argue that each can only characterize what is distinctive about law if the relevant moral problem that law aims to solve is itself specifically concerned with authority—that is with who gets to decide about what. Other forms of planning assign roles to people to solve problems that have nothing to do with authority; law uses role-based authority to solve a moral problem that is fundamentally about authority

Multiculturalism is an increasingly important topic for philosophers, largely because of the practical problems posed by diversity. Traditional political philosophy had little to say about cultural difference, taking the existence of a shared language and culture pretty much for granted. The multicultural societies of the contemporary world make such assumptions untenable. Traditional questions of fairness and sovereignty find hard cases in such policy issues as immigration, education, criminal law, and freedom of expression.

What are preferences and are they reasons for action? Is it rational to cooperate with others even if that entails acting against one's preferences? The dominant position in philosophy on the topic of practical rationality is that one acts so as to maximize the satisfaction of one's preferences. This view is most closely associated with the work of David Gauthier, and in this collection of essays some of the most innovative philosophers working in this field explore the controversies surrounding Gauthier's position. Several essays argue against influential conceptions of preference, while others suggest that received conceptions of rational action misidentify the normative significance of rules and practices. This collection will be of particular interest to philosophers of social theory and to reflective social scientists in such fields as economics, political science and psychology.