Brian Leiter

ABSTRACTI offer an interpretation of Nietzsche's striking idea of ‘the innocence of becoming’, and a partial defense of its import, namely, that no one is ever morally responsible or guilty for what they do and that many of the so-called reactive attitudes are misplaced. I focus primarily, though not exclusively, on the arguments as set out in Twilight of the Idols. First, there is Nietzsche's hypothesis, partly psychological and partly historical or anthropological, that the ideas of ‘free’ action or free will, and of responsibility for actions freely chosen or willed, were introduced primarily in order to justify punishment. Call this the Genetic Thesis about Free Will. Second, there is Nietzsche's claim that the moral psychology, or ‘psychology of the will” as he calls it, that underlies this picture is, in fact, false – that, in fact, it is not true that every action is willed or that it reflects a purpose or that it originates in consciousness. Call these, in aggregate, the Descriptive Thesis about the Will. Finally, there is articulation of a programmatic agenda, namely, to restore the ‘innocence of becoming’ by getting rid of guilt and punishment based on guilt – not primarily because ascriptions of guilt and responsibility are false, but because a world understood as ‘innocent’, one understood in terms of ‘natural’ cause and effect, is a better world in which to live. I focus in particular on a reactive attitude often ignored by philosophers, but of crucial importance for Nietzsche, namely, revenge. I aim to explain and defend Zarathustra's recommendation: ‘Enemy’ you shall say, but not villain; sick you shall say, but not scoundrel; fool you shall say, but not ‘sinner.’ Nietzsche's views are contrasted with those of important modern writers on these topics, especially P.F. Strawson and Derk Pereboom.

Shapiro has recently argued that Dworkin posed a new objection to legal positivism in Law's Empire, to which positivists, he says, have not adequately responded. Positivists, the objection goes, have no satisfactory account of what Dworkin calls “theoretical disagreement” about law, that is, disagreement about “the grounds of law” or what positivists would call the criteria of legal validity. I agree with Shapiro that the critique is new, and disagree that it has not been met. Positivism can not offer an explanation that preserves the “face value” of theoretical disagreements, because the only intelligible dispute about the criteria of legal validity is an empirical or “head count” dispute, i.e., a dispute about what judges are doing, and how many of them are doing it. Positivism, however, has two other explanations for theoretical disagreement, which “explain away” rather than preserve the “face value” disagreement. According to positivists, either theoretical disagreements are disingenuous, in the sense that the parties, consciously or unconsciously, are really trying to change the law, that is, they are trying to say, as Dworkin puts it, “what it should be” not “what the law is”; or they are simply in error, that is, they honestly think there is a fact of the matter about what the grounds of law are, and thus what the law is, in the context of their disagreement, but they are mistaken, because, in truth, there is no fact of the matter about the grounds of law in this instance precisely because there is no convergent practice of behavior among officials constituting a Rule of Recognition on this point. The “Disingenuity” and “Error Theory” accounts of theoretical disagreement are explored, with attention to the theoretical desiderata at stake in choosing between competing explanatory theories. Particular attention is given to the best explanation for Riggs v. Palmer in light of the actual historical context of the decision and other opinions by the Riggs judges in contemporaneous cases

The essay offers a philosophical reconstruction of Nietzsche's theory of the will, focusing on (1) Nietzsche's account of the phenomenology of "willing " an action, the experience we have which leads us (causally) to conceive of ourselves as exercising our will; (2) Nietzsche's arguments that the experiences picked out by the phenomenology are not causally connected to the resulting action (at least not in a way sufficient to underwrite ascriptions of moral responsibility); and (3) Nietzsche's account of the actual causal genesis of action. Particular attention is given to passages from Daybreak, Beyond Good and Evil and Twilight of the Idols and a revised version of my earlier account of Nietzsche's epiphenomenalism is defended. Finally, recent work in empirical psychology (Libet, Wegner) is shown to support Nietzsche's skepticism that our "feeling " of will is a reliable guide to the causation of action

Against the two dominant strands in the secondary literature on Nietzsche's political philosophy - one attributing to Nietzsche a kind of flat-footed commitment to aristocratic forms of social ordering, the other denying that Nietzsche has any political philosophy at all-Tamsin Shaw stakes out a new and surprising position: namely, that Nietzsche was very much concerned with the familiar question of the moral or normative legitimacy of state power, but was skeptical that with the demise of religion, it would be possible to achieve a practically effective normative consensus about such legitimacy that was untainted by the exercise of state power itself. Although, as I will argue, there are reasons to be quite skeptical that Nietzsche was interested in anything like these questions, Shaw has laid down a clear and invigorating challenge to existing scholarship on Nietzsche's politics, and it is one worth meeting.

Marx did not have a normative theory, that is, a theory that purported to justify, discursively and systematically, his normative opinions, to show them to be rationally obligatory or objectively valid. In this regard, Marx was obviously not alone: almost everyone, including those who lead what are widely regarded as exemplary ‘moral’ lives, decide and act on the basis of normative intuitions and inclinations that fall far short of a theory. Yet self-proclaimed Marxists like G. A. Cohen and Jurgen Habermas have reintroduced a kind of normative theory into the Marxian tradition that Marx himself would have ridiculed. This essay defends Marx’s position and tries to explain the collapse of Western Marxism into bourgeois practical philosophy, i.e., philosophizing about what ought to be done that is unthreatening to capitalist relations of production.

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

Nietzsche is one of the most important and controversial thinkers in the history of philosophy. His writings on moral philosophy are amongst the most widely read works, both by philosophers and non-philosophers. Many of the ideas raised are both startling and disturbing, and have been the source of great contention. On the Genealogy of Morality is Nietzsche's most sustained and important contribution to moral philosophy, featuring many of the ideas for which he is best known, including the slave revolt in morals; will to power; genealogy; and perspectivism. The Routledge Philosophy GuideBook to Nietzsche on Morality introduces the reader to these and other important Nietzschean themes patiently and clearly. It is the first book to examine the work in such a way, and will be a vital point of reference for any Nietzsche scholar, and essential reading for students coming to Nietzsche for the first time

Serious doubts about nonreductive materialism — the orthodoxy of the past two decades in philosophy of mind — have been long overdue. Jaegwon Kim has done perhaps the most to articulate the metaphysical problems that the new breed of materialists must confront in reconciling their physicalism with their commitment to the autonomy of the mental. Although the difficulties confronting supervenience, multiple-realizability, and mental causation have been recurring themes in his work, only mental causation — in particular, the specter of epiphenomenalism — has really captured the interest of philosophers in general in recent years.This growing attention has spawned a large body of literature, which it is not our aim here to explore or assess. Rather, we want to call attention to what we believe is a new and quite different argumentative strategy against epiphenomenalism voiced in some recent articles by Tyler Burge and Stephen Yablo. Each has challenged two central assumptions of the existing mental causation debate.

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 basic affects asnoncognitive, that is, as identifiable solely by how they feel to the subject who experiences the affect. By contrast, I suggest that meta-affects sometimes incorporate acognitivecomponent like belief. After showing how this account of moral judgment comports with a reading of Nietzsche's moral philosophy that I have offered in previous work, I conclude by adducing philosophical and empirical psychological reasons for thinking that Nietzsche's account of moral judgment is correct.

The American Legal Realists, as I read them, are tacit legal positivists: they presuppose views about the criteria of legality that have affinities with positivist accounts of law in the sense that they employ primarily pedigree tests of legal validity. Ever since Ronald Dworkin's well-known critique of H.L.A. Hart's positivism a generation ago, however, it has been hotly contested whether there is anything about positivism as a legal theory that requires that tests of legal validity be pedigree tests. So-called Soft or Inclusive versions of positivism are willing to relax the restrictions on the content of a Rule of Recognition to admit non-pedigree criteria of legal validity; Hard or Exclusive versons of positivism deny that such a move is compatible with the central commitments of positivism. Hard Positivism, of which Joseph Raz has been the leading proponent, thus competes with various Soft Positivisms, defended by, among others, Coleman, Lyons, Soper, Waluchow, and now, explicitly, Hart himself in the “Postscript.” If the Realists are positivists, as I claim, then it cannot be the case that Soft Positivism is a genuinely positivistic doctrine. But there is more at stake here than just labels. Realist arguments for the indeterminacy of law—arguments central to the whole Realist enterprise—depend crucially on their tacit Hard Positivism. If, in fact, positivism has a more relaxed view of the criteria of legality than Hard Positivism supposes, then Realist arguments depend on unsound tacit premises about legal validity. What is at stake, then, is not whether Realists should be called “Positivists” or merely “Hard Positivists,” but whether their underlying view of the criteria of legality is sound. It can only be so if the best arguments favor Hard Positivism

I argue that the real puzzle about Richard Rorty’s intellectual development is not why he gave up on ‘analytic’ philosophy-he had never been much committed to that research agenda, even before it became moribund-but why, beginning with Philosophy and the Mirror of Nature (PMN), he gave up on the central concerns of philosophy going back to antiquity. In addition to Rorty’s published works, I draw on biographical information about Rorty’s undergraduate and graduate education to support this assessment, and contrast his rejection of philosophy with Nietzsche’s. Many contemporary philosophers influenced by Quine’s attack on the analytic-synthetic distinction and Sellars’ attack on ‘the Myth of the Given’ (the two argumentative linchpins of PMN) did not abandon philosophical questions about truth, knowledge, and mind, they just concluded those questions needed to be naturalized, to be answered in conjunction with the empirical sciences. Why didn’t Rorty go this route? The paper concludes with some interesting anecdotes about Rorty that invite speculative explanations.

This 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 particular epistemic norms (namely, that they work for human purposes) with the content of the norms themselves (most of which make no reference to human purposes, but rather criteria like causal or explanatory power). We need presuppose no Archmiedean standpoint to conclude, as Richard Posner does, that moral inquiry is feeble in a way physics is not; we need only take seriously our best current understanding of the world, how it works, and the epistemic norms that have proven most effective in making sense of it.

I defend an inference to the best explanation (IBE) argument for anti-realism about reasons for acting based on the history of intractable disagreement in moral philosophy. The four key premises of the argument are: 1. If there were objective reasons for action, epistemically-well-situated observers would eventually converge upon them after two thousand years; 2. Contemporary philosophers, as the beneficiaries of two thousand years of philosophy, are epistemically well-situated observers; 3. Contemporary philosophers have not converged upon reasons for action; 4. Conclusion: there are no objective reasons for action (IBE from the first three premises). The key premises of the IBE are (1) sentimentalism; (2) non-cognitivism about basic affects; and (3) philosophical arguments for what our reasons for action are always involve arguments that depend on a basic intuitive moral judgment (that can be explained in terms of a basic non-cognitive affect). All these premises are explored in detail, and various objections addressed.

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 programs. Other M-naturalists retain the normative and regulative ambitions of traditional philosophy, but emphasize that it is an empirical question what normative advice is actually useable and effective for creatures like us. Some M-naturalists are also..

The latest volume in the Oxford Readings in Philosophy series, this work brings together some of the best and most influential recent philosophical scholarship on Nietzsche. Opening with a substantial introduction by John Richardson, it covers: Nietzsche's views on truth and knowledge, his 'doctrines' of the eternal recurrence and will to power, his distinction between Apollinian and Dionysian art, his critique of morality, his conceptions of agency and self-creation, and his genealogical method. For each of these issues, the papers show Nietzsche's continuing philosophical importance. Giving a clear and accessible overview, while retaining an analytical philosophical approach throughout, this volume is essential reading for all students of Nietzsche.

Ronald Dworkin describes an approach to how courts should decide cases that he associates with Judge Richard Posner as a Chicago School of anti-theoretical, no-nonsense jurisprudence. Since Professor Dworkin takes his own view of adjudication to be diametrically opposed to that of the Chicago School, it might seem fair, then, to describe Dworkin's own theory as an instance of pro-theoretical, nonsense jurisprudence. That characterization is not one, needless to say, that Professor Dworkin welcomes. Dworkin describes his preferred approach to jurisprudential questions, to be sure, as theoretical, in opposition to what he calls the practical orientation of the Chicago School. But while there is a real dispute between Dworkin and Posner, it is not one illuminated by the contrast between theory and practice. It is, rather a dispute about the kind of theory that is relevant and illuminating when it comes to law and adjudication. And the fault line marked by this dispute is profound indeed, one that extends far beyond Dworkin and Posner and has a venerable and ancient history. I shall describe it, instead, as a dispute between Moralists and Realists, between those whose starting point is a theory of how things (morally) ought to be versus those who begin with a theory of how things really are. The Lecture endeavors to show that our contemporaries, Ronald Dworkin and Richard Posner, are reenacting a version of the dispute between the paradigmatic philosophical moralist Plato and the paradigmatic historical realist Thucydides.