Table of contents for The epistemological foundations of law : readings and commentary / by Isaak I. Dore.

Bibliographic record and links to related information available from the Library of Congress catalog.

Note: Contents data are machine generated based on pre-publication provided by the publisher. Contents may have variations from the printed book or be incomplete or contain other coding.


Counter
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).