The argument from morality is an argument for the existence of God. Arguments from morality tend to be based on moral normativity or moral order. Arguments from moral normativity observe some aspect of morality and argue that God is the best or only explanation for this, concluding that God must exist. Arguments from moral order are based on the asserted need for moral order to exist in the universe. They claim that, for this moral order to exist, God must exist to support it. The argument from morality is noteworthy in that one cannot evaluate the soundness of the argument without attending to almost every important philosophical issue in meta-ethics.
In analytic philosophy, anti-realism is a position which encompasses many varieties such as metaphysical, mathematical, semantic, scientific, moral and epistemic. The term was first articulated by British philosopher Michael Dummett in an argument against a form of realism Dummett saw as 'colorless reductionism'.
Jurisprudence is the philosophy and theory of law. It is concerned primarily with what the law is and what it ought to be. That includes questions of how persons and social relations are understood in legal terms, and of the values in and of law. Work that is counted as jurisprudence is mostly philosophical, but it includes work that also belongs to other disciplines, such as sociology, history, politics and economics.
Logical positivism, later called logical empiricism, and both of which together are also known as neopositivism, is a movement whose central thesis was the verification principle. This theory of knowledge asserted that only statements verifiable through direct observation or logical proof are meaningful in terms of conveying truth value, information or factual content. Starting in the late 1920s, groups of philosophers, scientists, and mathematicians formed the Berlin Circle and the Vienna Circle, which, in these two cities, would propound the ideas of logical positivism.
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology.
Moral realism is the position that ethical sentences express propositions that refer to objective features of the world, some of which may be true to the extent that they report those features accurately. This makes moral realism a non-nihilist form of ethical cognitivism with an ontological orientation, standing in opposition to all forms of moral anti-realism and moral skepticism, including ethical subjectivism, error theory ; and non-cognitivism. Within moral realism, the two main subdivisions are ethical naturalism and ethical non-naturalism.
Analytic philosophy is a branch and tradition of philosophy using analysis, popular in the Western world and particularly the Anglosphere, which began around the turn of the 20th century in the contemporary era in the United Kingdom, United States, Canada, Australia, New Zealand, and Scandinavia, and continues today. Analytic philosophy is often contrasted with continental philosophy, coined as a catch-all term for other methods prominent in Europe.
Moral skepticism is a class of meta-ethical theories all members of which entail that no one has any moral knowledge. Many moral skeptics also make the stronger, modal claim that moral knowledge is impossible. Moral skepticism is particularly opposed to moral realism: the view that there are knowable and objective moral truths.
Legal positivism is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that:
The indeterminacy debate in legal theory can be summed up as follows: Can the law constrain the results reached by adjudicators in legal disputes? Some members of the critical legal studies movement — primarily legal academics in the United States — argued that the answer to this question is "no." Another way to state this position is to suggest that disputes cannot be resolved with clear answers, and thus there is at least some amount of uncertainty in legal reasoning and its application to disputes. A given body of legal doctrine is said to be "indeterminate" by demonstrating that every legal rule in that body of legal doctrine is opposed by a counterrule that can be used in a process of legal reasoning.
Legal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science, i.e., rely on empirical evidence. Hypotheses must be tested against observations of the world.
Ronald Myles Dworkin was an American philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University College London. Dworkin had taught previously at Yale Law School and the University of Oxford, where he was the Professor of Jurisprudence, successor to philosopher H.L.A. Hart. An influential contributor to both philosophy of law and political philosophy, Dworkin received the 2007 Holberg International Memorial Prize in the Humanities for "his pioneering scholarly work" of "worldwide impact." According to a survey in The Journal of Legal Studies, Dworkin was the second most-cited American legal scholar of the twentieth century. After his death, the Harvard legal scholar Cass Sunstein said Dworkin was "one of the most important legal philosophers of the last 100 years. He may well head the list."
Herbert Lionel Adolphus Hart was an English legal philosopher. He was the Professor of Jurisprudence at Oxford University and the Principal of Brasenose College, Oxford. His most famous work is The Concept of Law, which has been hailed as "the most important work of legal philosophy written in the twentieth century". He is considered one of the world's foremost legal philosophers in the twentieth century, alongside Hans Kelsen.
The philosophy of social science is the study of the logic, methods, and foundations of social sciences. Philosophers of social science are concerned with the differences and similarities between the social and the natural sciences, causal relationships between social phenomena, the possible existence of social laws, and the ontological significance of structure and agency.
Jeremy Waldron is a New Zealand professor of law and philosophy. He holds a University Professorship at the New York University School of Law, is affiliated with the New York University Department of Philosophy, and was formerly the Chichele Professor of Social and Political Theory at All Souls College, Oxford University. Waldron also holds an adjunct professorship at Victoria University of Wellington. Waldron is regarded as one of the world's leading legal and political philosophers.
Joseph Raz was an Israeli legal, moral and political philosopher. He was an advocate of legal positivism and is known for his conception of perfectionist liberalism. Raz spent most of his career as a professor of philosophy of law at the University of Oxford associated with Balliol College and was latterly a part-time professor of law at Columbia University Law School and a part-time professor at King's College London. He received the Tang Prize in Rule of Law in 2018.
Positivism is an empiricist philosophical theory that holds that all genuine knowledge is either true by definition or positive—meaning a posteriori facts derived by reason and logic from sensory experience. Other ways of knowing, such as theology, metaphysics, intuition, or introspection, are rejected or considered meaningless.
American philosophy is the activity, corpus, and tradition of philosophers affiliated with the United States. The Internet Encyclopedia of Philosophy notes that while it lacks a "core of defining features, American Philosophy can nevertheless be seen as both reflecting and shaping collective American identity over the history of the nation". The philosophy of the Founding Fathers of the United States is largely seen as an extension of the European Enlightenment. A small number of philosophies are known as American in origin, namely pragmatism and transcendentalism, with their most prominent proponents being the philosophers William James and Ralph Waldo Emerson respectively.
Law's Empire is a 1986 text in legal philosophy by Ronald Dworkin, in which the author continues his criticism of the philosophy of legal positivism as promoted by H.L.A. Hart during the middle to late 20th century. The book introduces Dworkin's Judge Hercules as an idealized version of a jurist with extraordinary legal skills who is able to challenge various predominating schools of legal interpretation and legal hermeneutics prominent throughout the 20th century. Judge Hercules is eventually challenged by Judge Hermes, another idealized version of a jurist who is affected by an affinity to respecting historical legal meaning arguments which do not affect Judge Hercules in the same manner. Judge Hermes' theory of legal interpretation is found by Dworkin in the end to be inferior to the approach of Judge Hercules.
Experimental jurisprudence (X-Jur) is an emerging field of legal scholarship that explores the nature of legal phenomena through psychological investigations of legal concepts. The field departs from traditional analytic legal philosophy in its ambition to elucidate common intuitions in a systematic fashion employing the methods of social science. Equally, unlike research in legal psychology, X-Jur emphasises the philosophical implications of its findings, notably, for questions about whether, how, and in what respects, the law's content is a matter of moral perspective. Whereas some legal theorists have welcomed X-Jur's emergence, others have expressed reservations about the contributions it seeks to make.
