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10Nietzsche's Postmoralism: Essays on Nietzsche's Prelude to Philosophy's FutureMind 112 (445): 175-178. 2003.
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119The 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. 2000.
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Nietzsche and the Morality CriticsIn John Richardson & Brian Leiter (eds.), Nietzsche, Oxford University Press. 2001.
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30Moral 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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65Rorty’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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137The 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”. 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's answer: first, his assimilation of aesthetic pleasure to a kind of sublimate…Read more
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91The innocence of becoming: Nietzsche against guiltInquiry: An Interdisciplinary Journal of Philosophy 62 (1): 70-92. 2019.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’ act…Read more
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24Nietzsche'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's Metaethics: Against the Privilege ReadingsEuropean Journal of Philosophy 8 (3): 277-297. 2000.
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1723. Moralities Are a Sign-Language of the AffectsIn João Constâncio (ed.), 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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3The Hermeneutics of Suspicion: Recovering Marx, Nietzsche, and FreudIn The future for philosophy, Oxford University Press. 2004.
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4Is 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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137The case for Nietzschean moral psychologyIn Brian Leiter & Neil Sinhababu (eds.), Nietzsche and morality, Oxford University Press. 2007.Contemporary moral psychology has been dominated by two broad traditions, one usually associated with Aristotle, the other with Kant. The broadly Aristotelian approach emphasizes the role of childhood upbringing in the development of good moral character, and the role of such character in ethical behavior. The broadly Kantian approach emphasizes the role of freely chosen conscious moral principles in ethical behavior. We review a growing body of experimental evidence that suggests that both of t…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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38The Demarcation Problem in Jurisprudence: A New Case for ScepticismOxford Journal of Legal Studies 31 (4): 663-677. 2011.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…Read more
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Morality criticsIn Brian Leiter & Michael Rosen (eds.), The Oxford handbook of continental philosophy, Oxford University Press. 2007.
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20Review of David Hoekema, Hoekema's Review of Wilshire (review)Notre Dame Philosophical Reviews 2002 (10). 2002.
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94Legal formalism and legal realism: What is the issue?: Brian LeiterLegal Theory 16 (2): 111-133. 2010.In teaching jurisprudence, I typically distinguish between two different families of theories of adjudication—theories of how judges do or should decide cases. “Formalist” theories claim that the law is “rationally” determinate, that is, the class of legitimate legal reasons available for a judge to offer in support of his or her decision justifies one and only one outcome either in all cases or in some significant and contested range of cases ; and adjudication is thus “autonomous” from other k…Read more
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48Objectivity in Law and Morals (edited book)Cambridge University Press. 2000.The seven original essays included in this volume from 2000, written by some of the world's most distinguished moral and legal philosophers, offer a sophisticated perspective on issues about the objectivity of legal interpretation and judicial decision-making. They examine objectivity from both metaphysical and epistemological perspectives and develop a variety of approaches, constructive and critical, to the fundamental problems of objectivity in morality. One of the key issues explored is that…Read more
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176Why 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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74Friedrich Nietzsche’s Twilight of the IdolsTopoi 33 (2): 549-555. 2014.This review essay of Nietzsche’s “Twilight of the Idols” (1888) is part of the journal TOPOI’s “Untimely Reviews” series of classic works of philosophy. Themes dealt with are Nietzsche’s attacks on morality, on free will, on mental causation, on Socrates, and on Kant. Connections are drawn with contemporary work by Mark Johnston, David Rosenthal, and Daniel Wegner, among others
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129Nietzsche 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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University of ChicagoRegular Faculty
Chicago, Illinois, United States of America
Areas of Specialization
Meta-Ethics |
Philosophy of Law |
19th Century Philosophy |