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Chapter 1: Setting the Epistemological Context Introduction General Introduction The Search for True Beliefs The Relationship between Perceptions and the External World Foundationalism Reliabilism The Coherence Theory of Justification Thematic Statements Chapter 2: The Epistemology of Presocratic Greek Rationalism Introduction: The Rationalist Paradigm and the Search for Founding Principles Greek Rationalism The Presocratic Philosophers: Their Contributions to the Development of Rationalist Philosophy and Science Introduction Thales: The First Material Monist Anaximander on Nature The Material Monism of Anaximenes The Natural Philosophy of Heraclitus Heraclitus' Monistic Account of the Cosmos Heraclitus' Epistemology Heraclitus' Moral Thought Conclusion Xenophanes: Father of Epistemology and/or of Monotheism? Xenophanes' Theology Xenophanes' Epistemology Conclusion The Eleatic Critique of Monism: Parmenides The Epistemology of Parmenides The Way of Truth Parmenides and Reason: Further Epistemological Implications The Way of Opinion Conclusion Chapter 3: Plato's Epistemology and His Theory of Ethics, Government, and Law Part 1: Plato's Epistemology What Is Knowledge? Knowledge as Perception The Infallibility of Perception Relative to the Perceiver Conclusion Knowledge as True Belief The Dichotomy of Knowing and Not Knowing The Dichotomy of Being and Not Being Things Which Are The Mind as a Block of Wax The Mind as an Aviary Conclusion: Relationship Between Knowledge, False Judgment, and True Belief Knowledge as True Belief Accompanied by an Account Introduction: The Original Theory Restated as a "Dream" Analysis of the Central Claim of the Dream Theory The Possible Meanings of "Account" Summary and Conclusion: Is Knowledge Possible? Knowledge as Perception Knowledge as True Belief Knowledge as True Belief with an Account How Is Knowledge Attained? Knowledge and Recollection Knowledge through Recollection The Disembodied Soul, Recollection, and Immortality Conclusion Objects of Knowledge: Plato's Theory of Forms The Theory of Forms The Image of the Sun The Divided Line The Allegory of the Cave Conclusion Criticisms of the Theory of Forms: The Parmenides Scope of the Forms Criticism of the Doctrine of Participation The Third Man Argument The Problem of the Unknowability of the Forms Conclusion Plato's Postscript Part 2: Plato's Ethics Good Character: A Condition of the Soul Harmony in the Soul Virtue and Moral Education The Link Between Good Government and Virtue Justice Glaucon Challenges the Priority of Justice Plato Embraces the Priority of Justice Psychological Justice and Political Justice The Analogy Between City and Soul Justice in the City Epistemological Foundations of Law The Epistemology of Law in the Just City Politik( Epist(m(: Knowledge and Just Government Epistemology and Law in the "Second Best" Condition Conclusion and Assessment Chapter 4: Aristotle's Epistemology and His Theory of Ethics, Government, and Law Introduction Aristotle's Epistemology Introduction to Aristotelian Logic Aristotle's Concept of Nature, Reality, and Being Form, Universal, and Substance Form, Matter, and Potentiality Aristotle's Doctrine of the Causes The Eternity of Motion and the Unmoved Mover Perception and Knowledge: Some Comparisons with Plato The Five Intellectual Virtues: A Transitional Note to Aristotle's Ethics Aristotle's Ethics Introduction The Goal of Ethical Conduct The Good Happiness Happiness and Virtue Good Character and the Virtuous Mean Practical Wisdom and Moral Responsibility The Happy Life Aristotle's Political Theory Introduction: The Platonic Context and Beyond The State and Its Ethical Foundation: The Basic Epistemological Claim Law and Its Ethical Foundation Natural Law and Positive Law Law and Justice The Best Government and the Rule of Law Aristotle's Classification of States and Their Constitutions Political Justice and Law Summary and Conclusion Aristotle's Metaphysics Aristotle's Ethical Theory Aristotle's Political Theory Chapter 5: Natural Law Theory Introduction Basic Concepts and Definitions Prephilosophical Natural Law Theory? Greek Rationalism and Ethical Theory: Early Foundations of Natural Law Theory The Beginnings of the Postsocratic Era: Socrates at the Crossroads of the Great Epistemological Shift Introduction A Note on Sources Socrates' Ethical Posture Virtue and Knowledge The Epistemological Implications of Socrates' Ethical Teleology Socrates' Legal Naturalism The Socratic Legacy: Influence on Plato and Aristotle The Late Rationalist Period Accommodation or Universalization? The Stoic Concept of a Universal Law of Nature Introduction to Stoicism Stoic Philosophy Generally Stoic Cosmology and Its Ethical Naturalism Stoic Legal Naturalism Cicero's Jurisprudence and Contributions to Stoic Natural Law Theory Stoic Influence on the Development of International Law Conclusion and Assessment The Natural Law Theory of St. Thomas Aquinas Introduction Basic Tenets of Aquinas's Epistemology The Place of Law Within Aquinas's Overall Cosmology Aquinas's Concept and Classification of Law Natural Law Natural Law and Human Law Conclusion Conclusion Chapter 6: The Decline of Classical Naturalism: The Modernist Challenge Introduction The Age of Reason and New Horizons in Knowledge The Materialist Metaphysics and Epistemology of Thomas Hobbes Hobbes's Concept of Political Authority Conclusion The Epistemology of Descartes and Its Implications for Natural Law Descartes and Skepticism A Cartesian Cartwheel? Descartes's Existentialism Descartes's Moral Doctrine Conclusion The Epistemology of John Locke Locke On The Nature of Human Understanding Simple Ideas Complex Ideas The Structure and Extent of Human Knowledge The Unique Nature of Locke's Empiricism Parallels with Descartes Conclusion Locke's Ethical Naturalism Locke's Political Theory The State of Nature The Social Contract Comparison of Locke's and Hobbes's Theory of Natural Law and Social Contract Concluding Reflections on Locke's Epistemology: Is an Ethical Foundation for Law Really Knowable? The Epistemology of David Hume Introduction Hume on the Operation of Human Understanding and Its Limits The Nature of Human Reason The Causal Relation as a Philosophical Relation and a Natural Relation Hume's Notion of Causality Perception Beyond the Senses: Uniformity and Belief The Ontological Status of the Objects of Perception Hume's Critique of Induction Induction and the Is/Ought Dichotomy Hume's Concept of Morality Hume's Concept of Justice Hume and Natural Law? Conclusion The Duality of Knowledge: A Transitional Note to the Epistemology of Immanuel Kant The Epistemology of Immanuel Kant Introduction Kant's Epistemology The Propositional Character of Kant's Epistemology Kant's Taxonomy of Judgment The Justification of A Priori Synthetic Judgments Kant's Moral Philosophy In Context Introduction Kant's Political Theory Conclusion Kant's Moral Theory Introduction Duty, Reason, and Moral Law The Categorical Imperative Other Formulations of the Categorical Imperative How Is the Categorical Imperative Possible? Conclusion Chapter 7: The Rise of Legal Positivism Introduction Renaissance Thought and Legal Positivism Dante Alighieri on Political Power Marsiglio of Padua on Sovereignty Machiavelli's Concept of Sovereignty Conclusion The Emergence of Analytical Positivism Introduction: The Humean Challenge The Major Tenets of Analytical Positivism Jeremy Bentham: Critic and Reformer Bentham's Critique of Natural Law Theory Bentham's Critique of Social Contract Theory The Utilitarianism of Bentham Bentham's Utilitarianism and Legal Positivism Bentham's Ontology Bentham's Concept of Political Authority Bentham and Deontic Logic Assessment of Bentham's Contribution to Legal Theory The Positivism of Austin Austin's Concept of Sovereignty Conclusion Chapter 8: Epistemological Themes of Twentieth-Century Natural Law Theory A New Crisis of Confidence The Resurgence of Legal Naturalism The Natural Law Theory of Lon Fuller Fuller on the Relationship Between Law and Morality Fuller's Dualist Morality and Naturalism Law as a Purposive Enterprise Fuller's Natural Law Theory Fuller and the Natural Law Tradition: A Critical Appraisal Avoidance of Epistemological Commitments Is Fuller a Transcendentalist? Bridging the Gap Between Form and Content Conclusion The Natural Law Theory of John Finnis Introduction Finnis: A Teleologist? Setting the Record Straight Finnis's Naturalist Epistemology Finnis's Ethical Naturalism Structural Notions Substantive Implications Finnis's Legal Naturalism Conclusion The Legal Naturalism of Ronald Dworkin Introduction Dworkin's Rights-Based Theory of Adjudication Dworkin's Legal Naturalism and Theory of Rights Dworkin's Theory of Adjudication Law as an Interpretive Concept Conclusion Dworkin's Place in the Naturalist Tradition Chapter 9: Epistemological Themes of Twentieth-Century Legal Positivism Introduction Hans Kelsen's Pure Theory of Law Kantian and Neo-Kantian Influences on Kelsen's Methodology Kantian Concepts and Dichotomies in Kelsen's Concept of a Legal Norm Kelsen's Adaptation of the Transcendental Method of Hermann Cohen Introduction Cohen's Theory of Knowledge Kelsen's Adaptation of Cohen's Epistemology The Uniqueness of Kelsen's Positivism Critical Perspectives on Kelsen's Kantianism Critique of the Sein/Sollen Dichotomy Critique of Kelsen's Understanding of Kant's Practical Philosophy Critique of Imputation as a Kantian Category Critique of Kelsen's Moral Relativism and Factual Absolutism Critique of Kelsen's Concept of Validity and the "Transcendental Question" Kelsen's Methodological Purity, Transcendentalism, and Verificationism Kelsen's Moral Relativism Methodological Purity and Verificationism The Basic Norm, Normativity, and Verificationism Conclusion H.L.A. Hart's Concept of Law and Morality Hart's Approach to Morality in General Hart's View of the Relationship Between Law and Morality Natural Law Theory and Teleology: Hart's Plea for Conceptual Clarity Hart on the Minimum Content of Natural Law Hart's Minimum Content and the Epistemologies of Hobbes and Hume Hobbesian and Humean Origins Hart's Contingent Adaptation of Hume The Separability Thesis and Hart's Minimum Content of Natural Law On Deriving Is from Ought: Hart and Hume Revisited The Basic Controversy Over Is and Ought Relevance of Hume's Concept of Justice and the Revised Interpretation The Textual Component of the Revised Interpretation Hart in Humean Context Conclusion and Assessment Chapter 10: Contemporary Highlights of the Positivist/Naturalist Debate Introduction Hart on the Separation of Law and Morality The Hart-Fuller Debate Round One: Fuller's Coherence Theory and Meaning in Law Order, Good Order, and the Positivist "Dilemma" Round Two: The Debate over the Internal Morality Law Round Three: Hart's Critique of Fuller's The Morality of Law Round Four: The Debate over Hart's Rule of Recognition The Ghost of Wittgenstein and the Rule of Recognition Fuller Has the Last Word: The Interactional Theory of Law Conclusion The Hart-Dworkin Debate Introduction The Dispute over Judicial Discretion Hart's Position Dworkin's Critique Judicial Discretion and Collateral Issues Description versus Evaluation No Right Answer? The Semantic Sting The Dispute over the Rule of Recognition The "Plain Fact" Ascription A Rule of "Pedigree?" Pedigree and the Separability Thesis The Rule of Recognition and Custom Conclusion Chapter 11: Contemporary Highlights of the Debate over Naturalism: Controversy from Within and Without Introduction The Fuller-Dworkin Debate The Main Points in Controversy Fuller's Reply Dworkin Has the Last Word Conclusion The Dworkin-Fish Debate Introduction to Dworkin's Interpretive Approach Interpretation and Law Fish's Critique of Dworkin Dworkin's Reply Introduction The Theoretical Dispute Specific Issues of Controversy Fish Counters: "Wrong Again!" Fish on Law's Empire: "Still Wrong!" Introduction Fish's Critique Conclusion Chapter 12: The Postmodern Challenge to Foundationalism Introduction Part 1: Origins of Antifoundationalism An Introductory Note to Critical Nineteenth-Century Philosophy The Materialist Epistemology of Karl Marx Historical Materialism and the Reversal of the Hegelian Dialectic Subjectivity and Alienation The Philosophy of Friedrich Nietzsche Did Socrates Kill Greek Drama? Perspectivism and Postmodernism Nietzsche's Concept of Alienation Nietzsche and Nihilism Nietzsche's Critique of Dogmatism in Philosophy and Christian Morality Conclusion An Introductory Note to Critical Twentieth-Century Continental Philosophy The Critical Philosophy of Jean-Paul Sartre Sartre's Ontology and His Doctrine of Being Conscious Being and Freedom: The Antifoundationalism of Sartre Existentialism, Subjectivity, and the Possibility of a New Ethics Sartre and Marxism Existentialism and Marxism Subjectivity and Alienation Alienation and Revolution Conclusion Part 2: Contemporary European Postmodernism The Philosophy of Michel Foucault Foucault's Nietzschean Genealogy Foucault on the State, Power, and Law Natural Law/Social Contract Theory: Source of Liberation or Domination? Conclusion Introduction to European Structuralism and Poststructuralism Derrida's Method of Deconstruction Derrida on Law and Justice. Conclusion and Assessment The Poststructuralist Thought of Lyotard The Lyotardean Diff¿rend A Postmodern Take on the Is/Ought Dichotomy: Lyotard on Description versus Prescription Conclusion Chapter 13: Postmodernism in the United States Part 1: Death of the Subject Introduction Subjectivity in the General Context of Postmodern Thought Critiques of Subjectivity Postmodern Thought and Law Part 2: Poststructuralism and Deconstruction in the United States Introduction The Intellectual Lineage of CLS Early Influences: Emergence of Legal Realism Modern Influences: Structuralism and the Birth of CLS CLS and Poststructuralism Deconstructing Legal Education Alienation and a Deconstructive Phenomenology of Rights Kennedy's Deconstructive Critique of Adjudication Left Modernism/Postmodernism and the Charge of Nihilism The Indeterminacy Critique of CLS: A Wittgensteinian Alternative? Conclusion Part 3: Pragmatism, Relativism, or Nihilism? Rorty: Pragmatic Ethnocentricism Critical Reaction and Rorty's Defense Fish: Relativism or Nihilism? Or Both? Law and Economics: The Pragmatism of Posner Fish's Critique of Posnerian Pragmatism Pragmatism and Tamanaha's "Realistic Socio-Legal Theory" Scholarly Reactions and Debate Phenomenology: A Better Alternative to Pragmatism? Tamanaha Replies Conclusion Postmodernism in General: Final Remarks
Library of Congress Subject Headings for this publication:
Law -- Philosophy.
Knowledge, Theory of.
Semantics (Law).