Argumenta – Journal of Analytic Philosophy

 

Unreasonableness and Rights: On Quong’s Liberalism without Perfection

Issue: Issue 2 • Author/s: Hillel Steiner
Topics: Philosophy of law, Political philosophy

This article argues that Quong’s Liberalism without Perfection errs in claiming that the grounds for enforceably prohibiting unreasonable conduct are that it is unreasonable. What grounds that prohibition is, rather, that such conduct violates independently determined distributively just rights. Political liberalism presupposes a theory of distributive justice.

The Occasions of Law (and the Occasions of Interpretation) [Special Issue]

Issue: Issue 7 • Author/s: Frederick Schauer
Topics: Philosophy of law, Theoretical philosophy

When John Searle observed that there is “no remark without remarkableness,” he made a point about the pragmatics of conversation that is importantly applicable to legal interpretation. Just as the act of remarking, according to Searle, presupposes some reason for the remark, so too does the act of legal interpretation presuppose a reason to interpret. This paper explores this phenomenon, and identifies the distinct occasions that call for an act of interpretation.  

 Meta-Meta-institutional Concepts? [Special Issue]

Issue: Issue 7 • Author/s: Guglielmo Feis
Topics: History of Analytic Philosophy, Philosophy of law, Theoretical philosophy

The paper is a critical analysis of Hubert Schwyzer’s idea of meta-institutional concepts. First, I isolate a presupposition in Schwyzer’s example of chess as ritual. I then show how Schwyzer’s idea of meta-institutional concepts is far from being the endgame in the research on levels of institutionality. In fact, we can iterate on meta-institutional concepts. Schwyzer’s idea has to face an infinite regress. I try to avoid such a regress by introducing the concept of technical end of game. A game defines its own terminal status. People playing the game…