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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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107Naturalizing 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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111The Oxford handbook of continental philosophy (edited book)Oxford University Press. 2007.This Handbook will be an essential reference point for graduate students and professional academics working on continental philosophy, as well as those with an ...
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240Morality 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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1Legal Realism, Hard Positivism, and Limits of Conceptual AnalysisIn Jules L. Coleman (ed.), Hart's Postscript: Essays on the Postscript to `the Concept of Law', Oxford University Press. 2001.
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93Why Tolerate Religion?Princeton University Press. 2012."--Christopher L. Eisgruber, Princeton University "This is a provocative and bracing essay, one that is bound to stimulate much discussion.
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48Ronald 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 welcom…Read more
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37The Paradox of Fatalism and Self-Creation in NietzscheIn John Richardson & Brian Leiter (eds.), Nietzsche, Oxford University Press. 1998.
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5Closet Dualism and Mental CausationCanadian Journal of Philosophy 28 (2): 161-181. 1998.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 cau…Read more
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16American legal realismIn Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory, 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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126Any reader of Foucault's corpus recognizes fairly quickly that it is animated by an ethical impulse, namely, to liberate individuals from a kind of oppression from which they suffer. This oppression, however, does not involve the familiar tyranny of the Leviathan or the totalitarian state; it exploits instead values that the victim of oppression herself accepts, and which then leads the oppressed agent to be complicit in her subjugation. It also depends, crucially, on a skeptical thesis about th…Read more
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50Maudemarie Clark, "Nietzsche on Truth and Philosophy" (review)Journal of the History of Philosophy 31 (1): 148. 1993.
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“The Routledge [series] is designed to introduce students to classic works of philosophy. Brian Leiter’s Nietzsche on Morality does that, and much more. The book offers a complete commentary of On the Genealogy of Morality, but it also articulates a comprehensive and original interpretation of Nietzsche’s critique of morality. The product is an exceptionally clear and cohesive account of philosophical views known neither for their clarity nor their cohesiveness…. “The distinction, and the chief …Read more
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135Legal IndeterminacyLegal Theory 1 (4): 481-492. 1995.To say that the law is indeterminate is to say that the class of legal reasons is indeterminate. The Class, in turn, consists of four components: 1. Legitimate sources of law ; 2. Legitimate interpretive operations that can be performed on the sources in order to generate rules of law ; 3. Legitimate interpretive operations that can be performed on the facts of record in order to generate facts of legal significance ; and 4. Legitimate rational operations that can be performed on facts and rules…Read more
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44On the Value of Normative Theory: A Reply to Madry and Richeimer: Brian LeiterLegal Theory 4 (2): 241-248. 1998.I am grateful to Alan Madry and Joel Richeimer for their intelligent and stimulating critique of my article “Heidegger and the Theory of Adjudication.” It is the most interesting commentary I have seen on the paper, and I have learned much from it. It may facilitate discussion, and advance debate, to state with some clarity where exactly we agree and disagree. I leave to the footnotes discussion of certain minor points where Madry and Richeimer are guilty of some critical overreaching.
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42This is a new preface written for the Greek translation of my NIETZSCHE ON MORALITY (Routledge, 2002), which will be published by Okto Publishing (Athens) in 2009. The publisher asked that I discuss how I became interested in Nietzsche, how my views about him evolved, and also how I would respond to the still-common perception (esp. in Europe) of Nietzsche as a thinker of "the right.".
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16Book Review (reviewing Tamsin Shaw, Nietzsche's Political Skepticism (2007)) (review)Notre Dame Philosophical Reviews. forthcoming.
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103Naturalized Jurisprudence and American Legal Realism RevisitedLaw and Philosophy 30 (4): 499-516. 2011.
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1Nietzsche: Daybreak: Thoughts on the Prejudices of Morality (edited book)Cambridge University Press. 1997.Daybreak marks the arrival of Nietzsche's 'mature' philosophy and is indispensable for an understanding of his critique of morality and 'revaluation of all values'. This volume presents the distinguished translation by R. J. Hollingdale, with a new introduction that argues for a dramatic change in Nietzsche's views from Human, All Too Human to Daybreak, and shows how this change, in turn, presages the main themes of Nietzsche's later and better-known works such as On the Genealogy of Morality. T…Read more
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260Moral Skepticism and Moral Disagreement in NietzscheOxford Studies in Metaethics 9. 2014.This chapter offers a new interpretation of Nietzsche’s argument for moral skepticism, an argument that should be of independent philosophical interest as well. On this account, Nietzsche offers a version of the argument from moral disagreement, but, unlike familiar varieties, it does not purport to exploit anthropological reports about the moral views of exotic cultures, or even garden-variety conflicting moral intuitions about concrete cases. Nietzsche, instead, calls attention to the single m…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 |