Brian Leiter

Introduction: From legal realism to naturalized jurisprudence -- A note on legal indeterminacy -- Part I. American legal realism and its critics -- Rethinking legal realism: toward a naturalized jurisprudence (1997) -- Legal realism and legal positivism reconsidered (2001) -- Is there an "American" jurisprudence? (1997) -- Postscript to Part I: Interpreting legal realism -- Part II. Ways of naturalizing jurisprudence -- Legal realism, hard positivism, and the limits of conceptual analysis (1998, 2001) -- Why Quine is not a postmodernist (1997) -- Beyond the Hart/Dworkin debate: the methodology problem in jurisprudence (2003) -- Part III. Naturalism, morality, and objectivity -- Moral facts and best explanations (2001) -- Objectivity, morality, and adjudication (2001) -- Law and objectivity (2002).

This is my contribution to a symposium on my book Why Tolerate Religion?, in which I respond to essays by François Boucher and Cécile Laborde, Frederick Schauer, Corey Brettschneider, and Peter Jones. I clarify and revise my view of the sense in which some religious beliefs are “insulated from reasons and evidence” in response to the criticisms of Boucher and Laborde, but take issue with other aspects of their critique. I defend most of my original argument against utilitarian and egalitarian objections from, respectively, Schauer and Brettschneider. I also discuss and defend the “No Exemptions” approach to conscientious objection to neutral laws of general applicability against a variety of objections, arguing, in particular, that my view is probably not very different from that of Jones.

Legal philosophers have been preoccupied with specifying the differences between two systems of normative guidance that are omnipresent in all modern human societies: law and morality. Positivists propose a solution to this ‘Demarcation Problem’ according to which the legal validity of a norm cannot depend on its being morally valid, either in all or at least some possible legal systems. The proposed analysis purports to specify the essential and necessary features of law in virtue of which this is true. Yet, the concept of law is an ‘artefact concept’, that is, a concept that picks out a phenomenon that necessarily owes its existence to human activities intended to create it. Artefact concepts, even simple ones like ‘chair’, are notoriously resistant to analyses in terms of their essential attributes, precisely because they are hostages to human ends and purposes, and also cannot be individuated by their natural properties. Twentieth-century philosophy of science dealt with a kindred Demarcation Problem: how to demarcate epistemically reliable forms of inquiry from epistemically unreliable ones, that is, how to demarcate science from pseudo-science or nonsense. Like the legal philosophers, they sought to identify the essential properties of a human artefact (namely, science). They failed, and spectacularly so, which led some philosophers to wonder, ‘Why does solving the Demarcation Problem matter?’ This essay develops the lessons for legal philosophy from this episode and its philosophical aftermath, and concludes that, in order not to become embroiled in pointless Fullerian speculations about the effects of jurisprudential doctrines on behaviour, we should abandon the Demarcation Problem in jurisprudence

Karl Marx (1818-1883) was trained as a philosopher and steeped in the thought of Hegel and German idealism, but turned away from philosophy in his mid-twenties towards politics, economics and history. It is for his these subjects Marx is best known and in which his work and ideas shaped the very nature of the nineteenth and twentieth centuries. However, Marx's engagement with philosophy runs through most of his work, especially in his philosophy of history and in moral and political philosophy. In this outstanding introduction to Marx's philosophy Jaime Edwards and Brian Leiter begin with an overview of Marx's life and intellectual development, before examining and assessing the following important topics: Marx's theory of history: Hegel, dialectics, teleology, materialism functionalism and the causal explanation of historical change economics, history and the transition from communism to capitalism ideology, morality and religion human nature, alienation and the good life for human beings Marx's legacy and influence, including Western Marxism and the Frankfurt School. The addition of chapter summaries, annotated further reading and a glossary of technical terms make this an indispensable introduction to Marx's philosophy. It will also be useful to those in related disciplines such as politics, sociology, history and economics.

Christian Emden has written an informative if sometimes philosophically frustrating book about Nietzsche’s engagement with both neo-Kantian philosophers 1 and the life sciences from the 1840s onward. Emden documents the preceding with an eye to shedding light not only on Nietzsche’s naturalism, on “what does it mean to ‘translate humanity back into nature’” as Nietzsche put it in BGE, but also on what Emden calls “the problem of normativity,” variously stated as how to “obtain an understanding of the sources of normativity without appealing to normativity as a standard separate from the agency, affects...

Some philosophers associated with the post-Kantian Continental traditions in philosophy (for example, Marx and Nietzsche) think that the etiology of a belief can impugn the epistemic status of that belief, leading us, correctly, to be “suspicious” of it; let us call them “Etiological Critics. Many analytic philosophers, responding to these and related etiological critiques within Anglophone philosophy are unimpressed. These analytic philosophers agree that facts about the etiology of belief might bring to one’s attention epistemically relevant considerations—for example, the fact that other possible epistemic peers disagree with one’s beliefs—but they deny that the etiology itself has any direct bearing on the epistemic status of belief (in particular, whether it is doxastically justified). I argue that etiology is directly relevant to the epistemic status of belief, arguing against White and Srinivasan, using examples from Marx and Nietzsche.