1.. HARD CASES 5. Legal Rights A. Legislation . . . We might therefore do well to consider how a philosophical judge might develop, in appropriate cases, theories of what legislative purpose and legal principles require. We shall find that he would construct these theories in the same manner as a philosophical referee would construct the character of a game. I have invented, for this purpose, a lawyer of superhuman skill, learning, patience and acumen, whom I shall call Hercules. I suppose that Hercules is a judge in some representative American jurisdiction. I assume that he accepts the main uncontroversial constitutive and regulative rules of the law in his jurisdiction. He accepts, that is, that statutes have the general power to create and extinguish legal rights, and that judges have the general duty to follow earlier decisions of their court or higher courts whose rationale, as l

Taking Rights Seriously

Anarchy, state, and utopia

Scholars of culture, humanities and social sciences have increasingly come to an appreciation of the importance of the legal domain in social life, while critically engaged socio-legal scholars around the world have taken up the task of understanding "Law's Empire" in all of its cultural, political, and economic dimensions. The questions arising from these intersections, and addressing imperialisms past and present forms the subject matter of a special symposium issue of Social Identities under the editorship of Griffith University's Rob McQueen, and UBC's Wes Pue and with contributions from McQueen, Ian Duncanson, Renisa Mawani, David Williams, Emma Cunliffe, Chidi Oguamanam, W. Wesley Pue, Fatou Camara, and Dianne Kirkby. This paper introduces the volume, forthcoming in late 2007. The central problematique of this issue has previously been explored through the 2005 Law's Empire conference, an informal but vibrant postcolonial legal studies network.

Law's Empire

Richard Rorty's Philosophy and the Mirror of Nature brings to light the deep sense of crisis within the profession of academic philosophy which is similar to the paralyzing pluralism in contemporary theology and the inveterate indeterminacy of literary criticism. Richard Rorty's provocative and profound meditations impel philosophers to examine the problematic status of their discipline— only to discover that modern European philosophy has come to an end. Rorty strikes a deathblow to modern European philosophy by telling a story about the emergence, development and decline of its primary props: the correspondence theory of truth, the notion of privileged representations and the idea of a self-reflective transcendental subject. Rorty's fascinating tale—his-story —is regulated by three fundamental shifts which he delineates in detail and promotes in principle: the move toward anti-realism or conventionalism in ontology, the move toward the demythologizing of the Myth of the Given or anti-foundationalism in epistemology, and the move toward detranscendentalizing the subject or dismissing the mind as a sphere of inquiry. The chief importance of Rorty's book is that it brings together in an original and intelligible narrative the major insights of the patriarchs of postmodern American philosophy—W. V. Quine, Wilfred Sellars, and Nelson Goodman— and persuasively presents the radical consequences of their views for contemporary philosophy. Rorty credits Wittgenstein, Heidegger and Dewey for having "brought us into a period of 'revolutionary' philosophy" by undermining the prevailing Cartesian and Kantian paradigms and advancing new conceptions of philosophy. And these monumental figures surely inspire Rorty. Yet, Rorty's philosophical debts—the actual sources of his particular anti-Cartesian and antiKantian arguments—are Quine's holism, Sellars' anti-foundationalism, and Goodman's pluralism. In short, despite his adamant attack on analytical philosophy—the last stage of modern European philosophy—Rorty feels most comfortable with the analytical form of philosophical argumentation (shunned by Wittgenstein and Heidegger). From the disparate figures of Wittgenstein, Heidegger, and Dewey, Rorty gets a historicist directive: to eschew the quest for certainty and the search for foundations.

Philosophy and the Mirror of Nature

Preface to the Second Edition Part 1: Philosophical Bearings 1. Aims and Strategy 2. The Underlabourer Conception of Philosophy 3. Philosophy and Science 4. The Philosopher's Concern with Language 5. Conceptual and Empirical Enquiries 6. The Pivotal Role of Epistemology in Philosophy 7. Epistemology and the Understanding of Society 8. Rules: Wittgenstein's Analysis 9. Some Misunderstandings of Wittgenstein Part 2: The Nature of Meaningful Behaviour 1. Philosophy and Sociology 2. Meaningful Behaviour 3. Activities and Precepts 4. Rules and Habits 5. Reflectiveness Part 3: The Social Studies as Science 1. J.S. Mill's 'Logic of the Moral Sciences' 2. Differences in Degree and Differences in Kind 3. Motives and Causes 4. Motives, Dispositions and Reasons 5. The Investigation of Regularities 6. Understanding Social Institutions 7. Prediction in the Social Studies Part 4: The Mind and Society 1. Pareto: Logical and Non-Logical Conduct 2. Pareto: Residues and Derivations 3. Max Weber: Verstehen and Causal Explanation 4. Max Weber: Meaningful Action and Social Action Part 5: Concepts and Actions 1. The Internality of Social Relations 2. Discursive and Non-Discursive 'Ideas' 3. The Social Sciences and History 4. Concluding Remark

The Idea of a Social Science and its Relation to Philosophy.

Leftist Theories of Sport: A CRITIQUE AND RECONSTRUCTION

Preface Introduction 1. The State of Play: A Genealogy 2. The Moral Case Against Contemporary Sports 3. Taking the Longer Moral Measure of Sports 4. Moral Inquiry in Sport: What Counts as a Moral Consideration of Sports? 5. A Short Moral Hisotry of America 6. A Short Moral History of American Sports 7. Progressive Sport and Progressive America: A Dialectical Summing Up

Why sports morally matter

(1987). The Logical Incompatibility Thesis and Rules: A Reconsideration of Formalism as an Account of Games. Journal of the Philosophy of Sport: Vol. 14, No. 1, pp. 1-20.

The Logical Incompatibility Thesis and Rules: A Reconsideration of Formalism as an Account of Games

The aim of this work is to present an anthology devoted to the philosophy of sport covering classic and recent literature. The intended audience is undergraduate and graduate students and scholars interested in sport in general. There are six parts. As an avid reader of the philosophy of sport, the author "find it quite relevant to any interest in parapsychology. In both parapsychology and sport the primary goal is to transcend physical limits. Moreover, ESP and PK tests, both informal and formal, can be classed in a game paradigm and some of them have been deliberately devised as games or forms of competition. In this connection, the chapters in Parts II and III are especially relevant. In PK, the analogy between parapsychology and sport is more apt. It is my guess that at the limits of human possibility where new records are set wherein humans transcend all previous limits and are the first to do so some form of psi may be involved, though it is not possible to separate it from the many physical, physiological, psychological, social, and even sociological factors involved. For these reasons this book provides a very useful introduction to the philosophy of sport".

Philosophic Inquiry in Sport

My argument will proceed as follows. I will first sketch out the broad internalist case for pitching its normative account of sport in the abstract manner that following Dworkin’s lead in the philosophy of law its adherents insist upon. I will next show that the normative deficiencies in social conventions broad internalists uncover are indeed telling but misplaced since they hold only for what David Lewis famously called ‘coordinating’ conventions. I will then distinguish coordinating conventions from deep ones and make my case not only for the normative salience of deep conventions but for their normative superiority over the abstract normative principles broad internalists champion.

William J. Morgan

Papers

Leftist Theories of Sport: A CRITIQUE AND RECONSTRUCTION

Why sports morally matter

The Logical Incompatibility Thesis and Rules: A Reconsideration of Formalism as an Account of Games

Philosophic Inquiry in Sport

Broad Internalism, Deep Conventions, Moral Entrepreneurs, and Sport