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Legal positivism as a realist theory of lawIn Torben Spaak (ed.), The Cambridge Companion to Legal Positivism, Cambridge University Press. 2021.
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1058The Folk Theory of Well-BeingIn Shaun Nichols & Joshua Knobe (eds.), Oxford Studies in Experimental Philosophy, Volume 5, Oxford University Press. 2024.What constitutes a “good” life—not necessarily a morally good life, but a life that is good for the person who lived it? In response to this question of “well-being," philosophers have offered three significant answers: A good life is one in which a person can satisfy their desires (“Desire-Satisfaction” or “Preferentism”), one that includes certain good features (“Objectivism”), or one in which pleasurable states dominate or outweigh painful ones (“Hedonism”). To adjudicate among these competin…Read more
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136Disagreement, Anti-Realism about Reasons, and Inference to the Best ExplanationEthical Theory and Moral Practice 1-17. 2021.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. Con…Read more
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Law and ObjectivityIn Jules Coleman & Scott Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law, Oxford University Press. pp. 969--89. 2002.
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157Nietzsche's Theory of the WillIn Ken Gemes & Simon May (eds.), Nietzsche on freedom and autonomy, Oxford University Press. pp. 119-137. 2009.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 a…Read more
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178Nietzsche's Postmoralism: Essays on Nietzsche's Prelude to Philosophy's FutureMind 112 (445): 175-178. 2003.
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203The Death of God and the Death of MoralityThe Monist 102 (3): 386-402. 2019.Nietzsche famously proclaimed the “death of God,” but in so doing it was not God’s death that was really notable—Nietzsche assumes that most reflective, modern readers realize that “the belief in the Christian god has become unbelievable” —but the implications of that belief becoming unbelievable, namely, “how much must collapse now that this faith has been undermined,” in particular, “the whole of our European morality”. What is the connection between the death of God and the death of morality?…Read more
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Realism, Hart Positivism, and Conceptual AnalysisIn Jules L. Coleman (ed.), Hart's Postscript: Essays on the Postscript to `The Concept of Law', Oxford University Press Uk. 2001.
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Nietzsche and the Morality CriticsIn John Richardson & Brian Leiter (eds.), Nietzsche, Oxford University Press. 2001.
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156Moral Psychology with NietzscheOxford University Press. 2019.Brian Leiter draws on empirical psychology to defend a set of radical ideas from Nietzsche: there is no objectively true morality, there is no free will, no one is ever morally responsible, and our conscious thoughts play almost no significant role in our actions. Nietzsche emerges as not just a great philosopher but a prescient psychologist.
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114Rorty’s Rejection of PhilosophyAnalyse & Kritik 41 (1): 23-30. 2019.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 asses…Read more
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238The Truth Is TerribleJournal of Nietzsche Studies 49 (2): 151-173. 2018.The “terrible” existential truths about the human situation raise Schopenhauer's question: why continue living at all? Nietzsche's answer is that only viewed in terms of aesthetic values can life itself be “justified” (where “justification” really means restoring an affective attachment to life). But how could the fact that life exemplifies aesthetic value restore our attachment to life in the face of these terrible existential truths? I suggest that there are two keys to understanding Nietzsche…Read more
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225The innocence of becoming: Nietzsche against guiltInquiry: An Interdisciplinary Journal of Philosophy 62 (1): 70-92. 2019.I offer an interpretation of Nietzsche's striking idea of ‘the innocence of becoming’ (die Unschuld des Werdens), 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 …Read more
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78Nietzsche's Naturalism and Nineteenth-Century BiologyJournal of Nietzsche Studies 48 (1): 71-82. 2017.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 o…Read more
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23Nietzsche on Morality by Brian Leiter (review)Philosophy and Phenomenological Research 71 (3): 729-740. 2005.
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3723. Moralities Are a Sign-Language of the AffectsIn João Constancio, Maria Joao Mayer Branco & Bartholomew Ryan (eds.), Nietzsche and the Problem of Subjectivity, De Gruyter. pp. 574-596. 2015.
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Nietzsche and the Critique of Morality: Philosophical Naturalism in Nietzsche's Theory of ValueDissertation, University of Michigan. 1995.In Chapters I-III, I argue that Nietzsche is a critic of "morality" in the sense of any system of values that has one or both of the following features: it presupposes the truth of certain descriptive claims about human agency, in the sense that for the evaluative categories to be intelligibly applied to persons these claims must be true ; it favors the interests of the "lowest" at the expense of the "highest" men, the embodiments of human excellence. I illustrate, in particular, how this latter…Read more
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4The Hermeneutics of Suspicion: Recovering Marx, Nietzsche, and FreudIn The future for philosophy, Oxford University Press. 2004.
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49Is there an american furisprudence?Oxford Journal of Legal Studies 17 (2): 367-387. 1997.BRIAN LEITER; Is There An ‘American’ Jurisprudence?, Oxford Journal of Legal Studies, Volume 17, Issue 2, 1 July 1997, Pages 367–387, https://doi.org/10.1093/oj.
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70Review of Christopher Janaway, Beyond Selflessness: Reading Nietzsche's Genealogy (review)Notre Dame Philosophical Reviews 2008 (6). 2008.
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225Why evolutionary biology is (so far) irrelevant to legal regulationLaw and Philosophy 29 (1): 31-74. 2010.Evolutionary biology – or, more precisely, two (purported) applications of Darwin's theory of evolution by natural selection, namely, evolutionary psychology and what has been called human behavioral biology – is on the cusp of becoming the new rage among legal scholars looking for interdisciplinary insights into the law. We argue that as the actual science stands today, evolutionary biology offers nothing to help with questions about legal regulation of behavior. Only systematic misrepresentati…Read more
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25Book Review (reviewing Tamsin Shaw, Nietzsche's Political Skepticism (2007)) (review)Notre Dame Philosophical Reviews. forthcoming.
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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 |