Problems Of Normativity Rules And Rule Following

This book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and argumentation, logic as well as AI& Law area of research. It discusses, inter alia, “Kripkenstein’s” sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.

In Oughts and Thoughts, Anandi Hattiangadi provides an innovative response to the argument for meaning scepticism set out by Saul Kripke in Wittgenstein on Rules and Private Language. Kripke asks what makes it the case that anybody ever means anything by any word, and argues that there are no facts of the matter as to what anybody ever means. Kripke's argument has inspired a lively and extended debate in the philosophy of language, as it raises some of the most fundamental issues in the field: namely, the reality, privacy, and normativity of meaning. Hattiangadi argues that in order to achieve the radical conclusion that there are no facts as to what a person means by a word, the sceptic must rely on the thesis that meaning is normative, and that this thesis fails. Since any 'sceptical solution' to the sceptical problem is irremediably incoherent, Hattiangadi concludes that there must be a fact of the matter about what we mean. In addition to providing an overview of the debate on meaning and content scepticism, Hattiangandi presents a detailed discussion of the contributions made by Simon Blackburn, Paul Boghossian, Robert Brandom, Fred Dretske, John McDowell, and Crispin Wright, among others, to the controversy surrounding Kripke's argument. The issues considered include the normativity of meaning and its relation to the normativity of moral judgments, reductive and non-reductive theories of meaning, deflationism about truth and meaning, and the privacy of meaning.

This book provides a new and wide-ranging study of law's normativity, examining conceptual, descriptive and empirical dimensions of this perennial philosophical issue. It also contains essays concerned with, among other issues, the relationship between semantic and legal normativity; methodological concerns pertaining to understanding normativity; normativity and legal interpretation; and normativity as it pertains to transnational law. The contributors come not only from the usual Anglo-American and Western European community of legal theorists, but also from Latin American and Eastern European communities, representing a diversity of perspectives and points of view – including essays from both analytic and continental methodologies. With this range of topics, the book will appeal to scholars in transnational law, legal sociology, normative legal philosophy concerned with problems of state legitimacy and practical rationality, as well as those working in general jurisprudence. It comprises a highly important contribution to the study of law's normativity.

The rule-following debate, in its concern with the metaphysics and epistemology of linguistic meaning and mental content, goes to the heart of the most fundamental questions of contemporary philosophy of mind and language. This volume gathers together the most important contributions to the topic, including papers by Simon Blackburn, Paul Boghossian, Graeme Forbes, Warren Goldfarb, Paul Horwich, John McDowell, Colin McGinn, Ruth Millikan, Philip Pettit, George Wilson, Crispin Wright, and Jose Zalabardo. The debate has centred on Saul Kripke's reading of the rule-following sections in Wittgenstein and his consequent posing of a sceptical paradox that threatens our everyday notions of linguistic meaning and mental content. These essays are attempts to respond to this challenge and represent some of the most important work in contemporary theory of meaning. With an introductory essay and a comprehensive guide to further reading this book is an excellent resource for courses in philosophy of mind, philosophy of language, Wittgenstein, and metaphysics, as well as for all philosophers, linguists, and cognitive scientists with interests in these areas.

This volume explores the reasons for Hans Kelsen’s lack of influence in the United States and proposes ways in which Kelsen’s approach to law, philosophy, and political, democratic, and international relations theory could be relevant to current debates within the U.S. academy in those areas. Along the way, the volume examines Kelsen’s relationship and often hidden influences on other members of the mid-century Central European émigré community whose work helped shape twentieth-century social science in the United States. The book includes major contributions to the history of ideas and to the sociology of the professions in the U.S. academy in the twentieth century. Each section of the volume explores a different aspect of the puzzle of the neglect of Kelsen’s work in various disciplinary and national settings. Part I provides reconstructions of Kelsen’s legal theory and defends that theory against negative assessments in Anglo-American jurisprudence. Part II focuses both on Kelsen’s theoretical views on international law and his practical involvement in the post-war development of international criminal law. Part III addresses Kelsen’s theories of democracy and justice while placing him in dialogue with other major twentieth-century thinkers, including two fellow émigré scholars, Leo Strauss and Albert Ehrenzweig. Part IV explores Kelsen’s intellectual legacies through European and American perspectives on the interaction of Kelsen’s theoretical approach to law and national legal traditions in the United States and Germany. Each contribution features a particular applications of Kelsen’s approach to doctrinal and interpretive issues currently of interest in the legal academy. The volume concludes with two chapters on the nature of Kelsen’s legal theory as an instance of modernism.

Prompted by recent events in the EU’s international environmental cooperation, this thought-provoking book explores the establishment and use of multilateral environmental compliance mechanisms as part of the EU’s external environmental action. Expanding upon current discussions in external relations law, this timely book uses a doctrinal approach to analyse EU engagement with this key instrument of treaty-based international environmental governance.

Table of Contents " Preface " Introductory " The Wittgensteinian Paradox " The Solution and the 'Private Language' Argument " Postscript Wittgenstein and Other Minds " Index.

Inferentialism is a philosophical approach premised on the claim that an item of language (or thought) acquires meaning (or content) in virtue of being embedded in an intricate set of social practices normatively governed by inferential rules. Inferentialism found its paradigmatic formulation in Robert Brandom’s landmark book Making it Explicit, and over the last two decades it has established itself as one of the leading research programs in the philosophy of language and the philosophy of logic. While Brandom’s version of inferentialism has received wide attention in the philosophical literature, thinkers friendly to inferentialism have proposed and developed new lines of inquiry that merit wider recognition and critical appraisal. From Rules to Meaning brings together new essays that systematically develop, compare, assess and critically react to some of the most pertinent recent trends in inferentialism. The book’s four thematic sections seek to apply inferentialism to a number of core issues, including the nature of meaning and content, reconstructing semantics, rule-oriented models and explanations of social practices and inferentialism’s historical influence and dialogue with other philosophical traditions. With contributions from a number of distinguished philosophers—including Robert Brandom and Jaroslav Peregrin—this volume is a major contribution to the philosophical literature on the foundations of logic and language.