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176Legal positivismIn Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory, Blackwell. 1996.This chapter contains sections titled: Jurisprudence: Method and Subject Matter Legality and Authority Positivism: Austin vs. Hart The Authority of Law Judicial Discretion Incorporationism and Legality Raz' s Theory of Authority Incorporationism and Authority Conclusion Postscript References.
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101Naturalism in legal philosophyStanford Encyclopedia of Philosophy. 2008.The “naturalistic turn” that has swept so many areas of philosophy over the past three decades has also had an impact in the last decade in legal philosophy. Methodological naturalists (M-naturalists) view philosophy as continuous with empirical inquiry in the sciences. Some M-naturalists want to replace conceptual and justificatory theories with empirical and descriptive theories; they take their inspiration from more-or-less Quinean arguments against conceptual analysis and foundationalist pro…Read more
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92This is an invited commentary on Richard Rorty's Dewey Lecture, given last year at the University of Chicago Law School. “Pragmatism,” says Rorty, “puts natural science on all fours with politics and art. It is one more source of suggestions about what to do with our lives.” I argue that the truth in pragmatism - that the epistemic norms that help us cope are the ones on which we rely - is obscured by Rorty's promiscuous version of the doctrine, which confuses the criteria for relying on particu…Read more
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415Moral Facts and Best ExplanationsSocial Philosophy and Policy 18 (2): 79. 2001.Do moral properties figure in the best explanatory account of the world? According to a popular realist argument, if they do, then they earn their ontological rights, for only properties that figure in the best explanation of experience are real properties. Although this realist strategy has been widely influential—not just in metaethics, but also in philosophy of mind and philosophy of science—no one has actually made the case that moral realism requires: namely, that moral facts really will fi…Read more
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Review of Beyond Selflessness, by Christopher Janaway (review)Notre Dame Philosophical Reviews. forthcoming.
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Llewellyn, Karl Nickerson (1893-1962)In Neil J. Smelser & Paul B. Baltes (eds.), International Encyclopedia of the Social and Behavioral Sciences, Elsevier. pp. 13--8999. 2001.
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312Nietzsche's metaethics: Against the privilege ReadingsEuropean Journal of Philosophy 8 (3). 2000.
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255The future for philosophy (edited book)Oxford University Press. 2004.Where does philosophy, the oldest academic subject, stand at the beginning of the new millennium? This remarkable volume brings together leading figures from most major branches of the discipline to offer answers. What remains of the "linguistic turn" in twentieth-century philosophy? How should moral philosophy respond to and incorporate developments in empirical psychology? Where might Continental and Anglophone feminist theory profitably interact? How has our understanding of ancient philosoph…Read more
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2Naturalism and naturalized jurisprudenceIn Brian Bix (ed.), Analyzing law: new essays in legal theory, Oxford University Press. pp. 79. 1998.
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44Review of Tamsin Shaw, Nietzsche's Political Skepticism (review)Notre Dame Philosophical Reviews 2009 (1). 2009.
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131Moralities are a sign-language of the affectsSocial Philosophy and Policy 30 (1-2): 237-258. 2013.This essay offers an interpretation and partial defense of Nietzsche's idea that moralities and moral judgments are “sign-languages” or “symptoms” of our affects, that is, of our emotions or feelings. According to Nietzsche, as I reconstruct his view, moral judgments result from the interaction of two kinds of affective responses: first, a “basic affect” of inclination toward or aversion from certain acts, and then a further affective response to that basic affect. I argue that Nietzsche views b…Read more
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107Prospects and Problems for the Social Epistemology of Evidence LawPhilosophical Topics 29 (1-2): 319-332. 2001.
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166This is a review essay (forthcoming in Notre Dame Philosophical Reviews) discussing Christopher Janaway's book "Beyond Seflessness: Reading Nietzsche's 'Genealogy' (OUP, 2007). Particular attention is given to the question of Nietzsche's style, and the relationship between his philosophical positions and his therapeutic objectives; to Janaway's critique of my account of Nietzsche's naturalism; and to Nietzsche's conception of agency and the meaning of the image (from GM II:2) of "the sovereign i…Read more
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181Nietzsche holds that people lack freedom of the will in any sense that would be sufficient for ascriptions of moral responsibility; that the conscious experience we have of willing is actually epiphenomenal with respect to the actions that follow that experience; and that our actions largely arise through non-conscious processes (psychological and physiological) of which we are only dimly aware, and over which we exercise little or no conscious control. At the same time, Nietzsche, always a mast…Read more
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69American legal realismIn Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory, Wiley-blackwell. 2004.This chapter contains section titled: Introduction Legal Indeterminacy The Core Claim of American Legal Realism Two Branches of Realism Naturalized Jurisprudence? How Should Judges Decide Cases? Legacy of Legal Realism I: Legal Education and Scholarship in the United States Legacy of Legal Realism II: Legal Theory References Further Reading.
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175Naturalizing jurisprudenceIn John R. Shook & Paul Kurtz (eds.), The future of naturalism, Humanity Books. 2009.General jurisprudence-that branch of legal philosophy concerned with the nature of law and adjudication-has been relatively unaffected by the "naturalistic" strains so evident, for example, in the epistemology, philosophy of mind and moral philosophy of the past forty years. This paper sketches three ways in which naturalism might affect jurisprudential inquiry. The paper serves as a kind of precis of the main themes in my book NATURALIZING JURISPRUDENCE: ESSAYS ON AMERICAN LEGAL REALISM AND NAT…Read more
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I confess to uncertainty about whether Professor Hoekema's reply http://ndpr.icaap.org/content/archives/2002/10/hoekema=leiter.html) to my comments on his review of Wilshire http://ndpr.icaap.org/content/archives/2002/10/leiter=hoekema.html) is just careless or intentionally dishonest. It is plainly quite misleading.
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289Morality in the pejorative sense: On the logic of Nietzsche's critique of moralityBritish Journal for the History of Philosophy 3 (1). 1995.(1995). Morality in the pejorative sense: On the logic of Nietzsche's critique of morality. British Journal for the History of Philosophy: Vol. 3, No. 1, pp. 113-145
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71Review of Christopher Janaway, Beyond Selflessness: Reading Nietzsche's Genealogy (review)Notre Dame Philosophical Reviews 2008 (6). 2008.
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University of ChicagoRegular Faculty
Chicago, Illinois, United States of America
Areas of Specialization
| Meta-Ethics |
| Philosophy of Law |
| 19th Century Philosophy |