Leading theories of practical reason can be grouped into one of four families: psychologism, realism, compatibilism, and Aristotelianism. Although there are many differences among the theories within each family, I ignore these in order to ask which family is most likely to deliver a satisfactory philosophical account of reasons for action. I articulate three requirements we should expect any adequate theory of practical reason to meet: it should account for how reasons explain action, how reasons justify action, and (...) how an agent can act for the reason that justifies her action. Only the Aristotelian theory, however, can meet all three requirements. It avoids the problems that plague the other theories by grounding reasons neither in psychological states nor in facts totally independent of the agent in question, but in the nature of the kind of creature the agent is. Our explanations of action need descend to the biographical only when explaining why a human being does not act in ways characteristic of her kind. The Aristotelian view of practical reason, then, appears to be the most promising program for future work. (shrink)

Habermas' theory of practical rationality is a significant theoretical attempt to preserve both rationality and democracy at the level of political decision making that transcends both technocratic and decisionistic theories of rationality. Habermas' theory of rationality accords with his epistemological, sociological, psychological, and linguistic premises. His theory, however, overlooks the interactions between instrumental action and symbolic interaction, the relevance of professional knowledge of facts for the choice of ends, the conflict between the norms of efficiency and democracy, and the (...) duality of subject and object in historical formation. The rational interest in reproduction of free communication, however, can be used to reformulate Habermas' theory of rationality. (shrink)

In this book, German philosopher Julian Nida-Rümelin presents a theory of practical reason that is objectivist, or rather realist, as an alternative to the widespread subjectivism in the theory of rationality. This theory has pragmatic traits that can be read as a constructive counterpart to Nida-Rümelin's critique of consequentialism whilst embedding its conception of rationality in the conceptual framework of decision and game theory.

This ambitious book by one of the most original and provocative thinkers in science studies offers a sophisticated new understanding of the nature of scientific, mathematical, and engineering practice and the production of scientific knowledge. Andrew Pickering offers a new approach to the unpredictable nature of change in science, taking into account the extraordinary number of factors—social, technological, conceptual, and natural—that interact to affect the creation of scientific knowledge. In his view, machines, instruments, facts, theories, conceptual and mathematical (...) structures, disciplined practices, and human beings are in constantly shifting relationships with one another—"mangled" together in unforeseeable ways that are shaped by the contingencies of culture, time, and place. Situating material as well as human agency in their larger cultural context, Pickering uses case studies to show how this picture of the open, changeable nature of science advances a richer understanding of scientific work both past and present. Pickering examines in detail the building of the bubble chamber in particle physics, the search for the quark, the construction of the quarternion system in mathematics, and the introduction of computer-controlled machine tools in industry. He uses these examples to address the most basic elements of scientific practice—the development of experimental apparatus, the production of facts, the development of theory, and the interrelation of machines and social organization. (shrink)

Historical entitlement theories of property rights, which claim that individuals can acquire moral property rights over natural resources by appropriating them, traditionally face a strong objection: it is widely implausible that a single individual can unilaterally impose duties on everyone around him and yet, apparently, this is exactly what such theories allow. In this essay, I argue that the same problem appears in all other theories of distributive justice and if this problem was a reason to reject (...) historical entitlement theories, it would also be a reason to reject all rival theories. Which means that as long, as one is committed to any theory of distributive justice at all, she, at the risk of inconsistency, cannot rely on the aforementioned objection to criticize historical entitlement theories. (shrink)

The aim of this paper is to provide a characterization of ability theories of practice and, in this process, to defend Pierre Bourdieu’s ability theory against Stephen Turner’s objections. In part I, I outline ability theorists’ conception of practices together with their objections to claims about rule following and rule explanations. In part II, I turn to the question of what ability theorists take to be the alternative to rule following and rule explanations. Ability theorists have offered, and (...) been ascribed, somewhat different answers to this question, just as their replies, or positive accounts, have been heavily criticized by Turner. Due to this state of the debate, I focus on the positive account advanced by a single—and highly famous—ability theorist of practice, Pierre Bourdieu. Moreover, I show that despite Turner’s claims to the contrary, his arguments do not refute Bourdieu’s positive account. (shrink)

In the first part (sections 2-5) an empirical theory of practical reasons is sketched and defended. It consists of: hypotheses about what intentions are, namely optimality beliefs, (2), hypotheses about how intentions are formed on the basis of probabilistic beliefs and intrinsic desires (3), a pluralist theory about intrinsic desires (4) and a theory about motives for moral action (5). In the second part (sections 6-8) it is argued that normative practical philosophy must rely on empirical theories of practical (...) reasons (6). Then it is shown that theories of prudential practical rationality and of morals that are not based on such empirical theories run into problems. And it is sketched how the empirical theory outlined in the first part can be used as a basis for a reconstructive approach to practical rationality and of an internalist approach to morals (7-8). (shrink)

The article presents Paul’s of Worczyn theory of action. The article is divided into three parts: in the first one, Paul’s theory of action as a movement is presented. The second part concentrates on twofold division of action, practicaand praxis. The third part clarifies the problem of the principle of action. The article ends with a conclusion that Paul’s theoretical solutions within the theory of action are consistent with his anthropological stance accentuating the unity of the soul and its powers.

This essay is divided into two parts. In the first part (§2), I introduce the idea of practical meaning by looking at a certain kind of procedural systems — the motor system — that play a central role in computational explanations of motor behavior. I argue that in order to give a satisfactory account of the content of the representations computed by motor systems (motor commands), we need to appeal to a distinctively practical kind of meaning. Defending the explanatory relevance (...) of semantic properties in a computationalist explanation of motor behavior, my argument concludes that practical meanings play a central role in an adequate psychological theory of motor skill. In the second part of this essay (§3), I generalize and clarify the notion of practical meaning, and I defend the intelligibility of practical meanings against an important objection. (shrink)

The concept of "practices"—whether of representation, of political or scientific traditions, or of organizational culture—is central to social theory. In this book, Stephen Turner presents the first analysis and critique of the idea of practice as it has developed in the various theoretical traditions of the social sciences and the humanities. Understood broadly as a tacit understanding "shared" by a group, the concept of a practice has a fatal difficulty, Turner argues: there is no plausible mechanism by which (...) a "practice" is transmitted or reproduced. The historical uses of the concept, from Durkheim to Kripke's version of Wittgenstein, provide examples of the contortions that thinkers have been forced into by this problem, and show the ultimate implausibility of the idea. Turner's conclusion sketches a picture of what happens when we do without the notion of a shared practice, and how this bears on social theory and philosophy. It explains why social theory cannot get beyond the stage of constructing fuzzy analogies, and why the standard constructions of the contemporary philosophical problem of relativism depend upon this defective notion. This first book-length critique of practice theory is sure to stir discussion and controversy in a wide range of fields, from philosophy and science studies to sociology, anthropology, literary studies, and political and legal theory. (shrink)

In my paper, I partially defend Philippa Foot’s view in answering the question ‘why be moral?’ In her book, Natural Goodness(2001) and her final paper, “Rationality and Goodness” (2004), Foot proposes two ideas: Ethical Naturalism and, what I call, the ‘Anti-Humean Theory of Practical Rationality’. In answering the question ‘why be moral?’, I argue that we should abandon the former and adopt the latter. In Section I, I discuss Foot’s Anti-Humean Theory of Practical Rationality. In Section II, I examine Foot’s (...) Ethical Naturalism. I argue that it is no longer defensible. In Section III, I examine other possible ways to integrate the categories of practical rationality. One is to take a utilitarian approach and another is to take a Kantian approach. I argue that the latter approach is in harmony with Foot’s Anti-Humean Theory of Practical Rationality. (shrink)

I have much pleasure in writing a preface to Mr. Takatura Ando's book on Aristotle. Apart from his intrinsic importance, as one of the three or four greatest of all philosophers, Aristotle is important on having given for many centuries the greatest influence in moulding the thought of European countries. The language difficulty has no doubt prevented him from exercising very much influence on Japanese thought, and I welcome very warmly to hear that Mr. Ando is about to have his (...) book printed in Japan. I hope it will be widely circulated, as it must certain ly deserve that. W. D. Ross AUTHOR'S FOREWORD In publishing this book, I cannot prohibit myself of reminding the days and nights when it was written. In that era of worldwide madness, Aristotle's philosophy was the only refuge wherein my depressed mind could come to life. It was written bit by bit under all desperate circum stances throughout the war time. My heart was set on the completion of this work while the fate allowed me to live. It was nearly carried out by the end of the war. Having no hope of survival, I buried my manu script in the earth, without however any expectance of a better lot for it. (shrink)

Resumen A través del estudio de los linchamientos, el artículo explora en la capacidad explicativa de algunas de las principales teorías sociológicas sobre integración, dominación e interdependencia para comprender la acción, sin que ello implique interpretaciones totales y recíprocamente excluyentes sobre esas acciones. Por el contrario, se trata de buscar distintas entradas parciales, fragmentos de lo que no son y/o de lo que parcialmente son los linchamientos. El texto observa que la disruptividad de estas acciones respecto de las teorías examinadas (...) podría explicarse en tanto en ellas conciencia y práctica fueron pensadas como oposiciones binarias, que en el mejor de los casos operarían en momentos sucesivos. En estas teorías sociológicas la acción podría explicarse por uno de estos planos o por el otro. Sin embargo, en el caso de los linchamientos es posible que estos dos estratos concurran a explicar la acción de manera conjunta.The article explores in the explanatory capacity of some of the main sociological theories on integration, domination and interdependence, to understand the action, specifically lynching, without implying total and reciprocally exclusive interpretations of these actions. On the contrary, it tries to look for different partial entries to its explanation, fragments of what lynching are not and/or what they partially are. The text notes that the disruption of these actions in relation with the theories examined could be explained considering that in them, consciousness and practice were developed as binary oppositions. This would at best operate in successive moments, but in these cases the action could be explained by either one of these levels. In the lynching case, it is possible that these two strata explain the action jointly. (shrink)

With stories, anecdotes, and a discussion about the strong connection between theory and best practices, this guide will help you understand the value of applying your knowledge of educational theory to your work as you refine your practices, create thoughtful curriculum, and do your best to raise the standards of early childhood education.

_ Practical Shape: A Theory of Practical Reasoning _, by DancyJonathan. Oxford: Oxford University Press, 2018. Pp. xiii + 185.

If we are to believe the proponents of the Theory of Practice and of Rational Choice, the gap between these two paradigmatic approaches cannot be bridged. They rely on ontological premises, theories of motivations and causal models that stand too far apart. In this article, I argue that this theoretical antinomy loses much of its edge when we take as objects of sociological investigation processes of historical change, that is, when we try to specify in theoretical terms how (...) and in which conditions historical actors enact and endorse shifts in patterns of relations as well as shifts in the symbolic and cognitive categories that make these relations significant. I substantiate this argument in light of the distinction between two temporalities of historical change: first, the long waves of gradual change and, second, the short waves of moments of breaks and ruptures. Along the way, I develop an argument about the conditions of emergence of self-limiting norms and the centrality of epistemic beliefs in situations of high disruption. (shrink)

Seeking to answer the question of what it is that nurses do, scholars researching nursing have worked with theoretical approaches ranging from the more abstract to the concrete: from philosophizing the nature of nursing to emphasizing the interpersonal nature of nursing practice to exploring processes of clinical decision‐making. In this paper, we engage with Bourdieu's theory of practice as an alternative approach that helps to understand the finer points of nurses' everyday practices of nursing as being grounded in (...) an ontology of practice. We first outline the foundations of Bourdieu's thinking as he established both a relational philosophy of science and an embodied philosophy of action to develop the theory of practice around notions of habitus, capital and field. Then, using the inter‐relationships of these key elements of the theory of practice as a ‘toolkit to think with’, we explore an instance of nursing in practice in an acute care setting and show how, in taking account of social context, the dialectics between the elements reveal the social interactions that are accomplished in the doing. Moving to the relationships of these three elements with Bourdieu's further notions of illusio, symbolic power and symbolic violence, we uncover an ontology of nursing practices in the everyday. We conclude by summarising what this ontology of practice has to offer investigations into practices of nursing in any social context. (shrink)

Journal of Applied Philosophy, EarlyView.

Background: Obtaining patients’ informed consent is an ethical and legal obligation in healthcare practice. Whilst the law provides prescriptive rules and guidelines, ethical theories of autonomy provide moral foundations. Models of practice of consent, have been developed in the bioethical literature to assist in understanding and integrating the ethical theory of autonomy and legal obligations into the clinical process of obtaining a patient’s informed consent to treatment.Aims: To review four models of consent and analyse the way each (...) model incorporates the ethical meaning of autonomy and how, as a consequence, they might change the actual communicative process of obtaining informed consent within clinical contexts.Methods: An iceberg framework of consent is used to conceptualise how ethical theories of autonomy are positioned and underpin the above surface, and visible clinical communication, including associated legal guidelines and ethical rules. Each model of consent is critically reviewed from the perspective of how it might shape the process of informed consent.Results and discussion: All four models would alter the process of obtaining consent. Two models provide structure and guidelines for the content and timing of obtaining patients’ consent. The two other models rely on an attitudinal shift in clinicians. They provide ideas for consent by focusing on underlying values, attitudes and meaning associated with the ethical meaning of autonomy.Conclusions: The paper concludes that models of practice that explicitly incorporate the underlying ethical meaning of autonomy as their basis, provide less prescriptive, but more theoretically rich guidance for healthcare communicative practices. (shrink)

This paper examines East Asian literati’s sisŏhwa (poetry, calligraphy and painting) mainly done by ink and wash painting and focuses on their painting theories related to integrative learning and artistic practice. The literati expressed their philosophical ideas using visual and textual language according to Illyul theory based on the Sŏhwa Same Origin theory. They delivered their intentions through symbolic meaning of the visible in terms of the Uisang theory, and put emphasis on ki in their pictorial space using (...) the Kiunsaengdong theory in a monistic universe. The literati’s process of sisŏhwa practice unifies the mind/spirit with body/material and connects humans with nature/the universe. It also enables the creation of a representation of nature according to Shitao’s Oneness of Brushstroke theory. Ultimately it trained them for aesthetic harmony and spiritual enlightenment. As a result, Sisŏhwa Contemplative Practice theory was formed. This paper suggests that this theory should be reconstructed as the basic discipline in education. (shrink)

David Hume famously criticized rationalist theories of practical reason, arguing that reason alone is incapable of yielding action, and that some passionate element must be supplied. Contemporary theories of Humean inspiration develop a causal-explanatory model of action in terms of the joint operation of two distinct mental states: beliefs and desires, one inert and representational, the other dynamic. Such neo-Humean theories claim that since desires, unlike beliefs, are not subject to direct rational evaluation, an act can be (...) said to be rational only in the sense that it is instrumental to realizing the agent’s desires. The historical Hume appears to have embraced a “sceptical solution” involving a more dynamic conception of belief, while admitting a default sense in which both beliefs and actions can be deemed reasonable or unreasonable. (shrink)

This paper is a criticism of full-information theories of welfare. Such theories unsuccessfully attempt to accommodate an internalist intuition (that one's good depends in some way on one's desires or hypothetical desire) with a rationalist intuition (that only fully-informed desires are relevant to one's good).

This essay stages a critical conversation between Stuart Hall and Ernesto Laclau, comparing their different appropriations of Antonio Gramsci’s theory of hegemony. In the 1980s, Hall and Laclau engaged with Gramsci and with one another in order to conceptualize what they regarded as a triangular relation between the rise of Thatcherism, the crisis of the Left, and the emergence of new social movements. While many of their readers emphasize the undeniable similarities and mutual influences that exist between Hall and Laclau, (...) this essay focuses on the differences between their theories of hegemony and locates the starkest contrast between them at the level of theoretical practice. While the main lesson that Hall drew from Gramsci was the privileging of conjunctural analysis, Laclau proceeded to locate the concept of hegemony at a higher level of abstraction, developing a political ontology increasingly indifferent to any specific conjuncture. The essay argues that this difference between conjunctural analysis and political ontology has a significant impact on Hall’s and Laclau’s respective understandings of two key political formations: populism and identity politics. Thus by focusing on these two formations, the essay argues that Hall’s work should not be read as a derivative or even undertheorized version of Laclau’s, for this tendency obscures substantial differences between their interventions as well as the fact that Hall’s theory of hegemony, as a theory of the conjuncture, ultimately possesses stronger explanatory power than Laclau’s political ontology. (shrink)

Jonathan Dancy aims to establish the possibility of reasoning to action, by showing how similar it is to reasoning to belief. He offers a general theory of reasoning, which smoothly admits the differences there may be between the two types, while also considering the possibility of reasoning to hope, to fear, to doubt, and to intention.

This paper proposes a concept of "valid reasoning" that will apply univocally to reasoned judgment (inference), Reasoned decision (choice), And reasoned withholding of judgment and decision. "reasoning" is taken to include all these; "validity" of reasoning is defined in terms of the "ideally rational mind", Which is in turn defined by a modal logic of judging and deciding. The definition is defended by relating it to another ideal, That of the socratically omniscient and stoically omniscient sage, Who is defined by (...) a modal logic of knowing and doing. In the course of this I distinguish between the vehicle and the description of a mental act, Deny that reasoning is a transition, Analyze doing as causing to be, And maintain that, Since doing stands to deciding as knowing stands to judging, Reasoned decision is genuinely practical reasoning. (shrink)

It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the (...) rule of law, and (iv) strong discretion. I conclude with some methodological remarks. Delineating questions about conventional meaning, the metaphysics/metasemantics of (legal) content determination, and norms of legal interpretation and judicial practice can motivate clearer answers and a more refined understanding of the space of overall theories of vagueness, interpretation, and law. (shrink)

Simon Blackburn puts forward a compelling original philosophy of human motivation and morality. He maintains that we cannot get clear about ethics until we get clear about human nature. So these are the sorts of questions he addresses: Why do we behave as we do? Can we improve? Is our ethics at war with our passions, or is it an upshot of those passions? Blackburn seeks the answers in an exploration of guilt, shame, disgust, and other moral emotions; he draws (...) also on game theory and cognitive science in his account of the structures of human motivation. Many philosophers have wanted a naturalistic ethics a theory that integrates our understanding of human morality with the rest of our understanding of the world we live in. What is special about Blackburn's naturalistic ethics is that it does not debunk the ethical by reducing it to the non-ethical. At the same time he banishes the spectres of scepticism and relativism that have haunted recent moral philosophy. Ruling Passions sets ethics in the context of human nature: it offers a solution to the puzzle of how ethics can maintain its authority even though it is rooted in the very emotions and motivations that it exists to control. (shrink)

The concept of "practices"--whether of representation, of political or scientific traditions, or of organizational culture--is central to social theory. In this book, Stephen Turner presents the first analysis and critique of the idea of practice as it has developed in the various theoretical traditions of the social sciences and the humanities. Understood broadly as a tacit understanding "shared" by a group, the concept of a practice has a fatal difficulty, Turner argues: there is no plausible mechanism by which (...) a "practice" is transmitted or reproduced. The historical uses of the concept, from Durkheim to Kripke's version of Wittgenstein, provide examples of the contortions that thinkers have been forced into by this problem, and show the ultimate implausibility of the idea. Turner's conclusion sketches a picture of what happens when we do without the notion of a shared practice, and how this bears on social theory and philosophy. It explains why social theory cannot get beyond the stage of constructing fuzzy analogies, and why the standard constructions of the contemporary philosophical problem of relativism depend upon this defective notion. This first book-length critique of practice theory is sure to stir discussion and controversy in a wide range of fields, from philosophy and science studies to sociology, anthropology, literary studies, and political and legal theory. (shrink)

This paper focuses on three theories of personal identity that incorporate the idea that personal identity is the result of a person’s adopting certain attitudes towards certain mental states and actions. I call these theories subjective theories of personal identity. I argue that it is not clear what the proponents of these theories mean by “personal identity”. On standard theories, such as animalism or psychological theories, the term “personal identity” refers to the numerical identity (...) of persons and its analysis provides the persistence conditions for persons. I argue that if the subjective theories purport to provide a criterion of numerical personal identity, they fail. A different interpretation may suggest that they purport to provide a non-numerical type of identity for the purpose of providing plausible analyses of certain identity-related practical concerns. I argue that the criteria the subjective theories provide fail to capture several of the identity-related concerns. As a result, this interpretation must be rejected as well. (shrink)

Applied to several of morality’s practical matters, Spurgin presents a conception of moral liberalism and argues that it is the best approach to practical morality in a plural society.

Jairus Banaji’s collection of essays is a stimulating and provocative assessment of recent Marxist history-writing on issues of social theory and historical development in both ancient as well as modern societies. It challenges the overly simplistic application of Marx’s categories of analysis, arguing for both complexity and a clearer theorisation of fundamental terminology and analytical tropes, including labour-process and mode of production. This review article suggests that, while the basic arguments represent a welcome corrective to some Marxist historical work, and (...) at the same time address in an accessible way non-Marxist historians, there remain some problematic issues, in particular in respect of the criteria for differentiating between different types of mode of production, the level at which this concept has heuristic application, and the distinction between the political/institutional and the modal instances of theorisations of social-economic relations. Some of these issues are exemplified by reference to particular historical cases. (shrink)

We argue that there is no general theory of explanation that spans the sciences, mathematics, and ethics, etc. More specifically, there is no good reason to believe that substantive and domain-invariant constraints on explanatory information exist. Using Nickel (Noûs 44(2):305–328, 2010 ) as an exemplar of the contrary, generalist position, we first show that Nickel’s arguments rest on several ambiguities, and then show that even when these ambiguities are charitably corrected, Nickel’s defense of general theories of explanation is inadequate (...) along several different dimensions. Specifically, we argue that Nickel’s argument has three fatal flaws. First, he has not provided any compelling illustrations of domain-invariant constraints on explanation. Second, in order to fend off the most vehement skeptics of domain-invariant theories of explanation, Nickel must beg all of the important questions. Third, Nickel’s examples of explanations from different domains with common explanatory structure rely on incorrect formulations of the explanations under consideration, circular justifications, and/or a mischaracterization of the position Nickel intends to critique. Given that the best and most elaborate defense of the generalist position fails in so many ways, we conclude that the standard practice in philosophy (and in philosophy of science in particular), which is to develop theories of explanation that are tailored to specific domains, still is justified. For those who want to buy into a more ambitious project: beware of the costs! (shrink)

Resumen: El propósito de este trabajo es mostrar cómo la propuesta de la nueva retórica de Chaïm Perelman se constituye fundamentalmente en una teoría de la racionalidad práctica en perspectiva argumentativa. Para el desarrollo de esta tesis procedemos de la siguiente manera: primero se describe el giro pragmático que lleva a Perelman a señalar los límites de la lógica formal deductivista para el campo de los valores en algunos de sus textos de juventud; a continuación se muestra la apuesta de (...) Perelman por una nueva retórica como un tipo de aplicación de la racionalidad, desarrollada en su Tratado de la argumentación y algunos textos posteriores a 1958; y finalmente se desarrolla la noción perelmaniana de lo razonable en el marco de la argumentación jurídica, para mostrar cómo, desde esta perspectiva, Perelman se vincula al debate de la segunda mitad del siglo XX conocido como la “doctrina de los casos difíciles en derecho”.: The purpose of this work is to show how Chaïm Perelman’s new rhetoric proposal fundamentally constitutes a theory of practical rationality in an argumentative perspective. To develop this thesis, we proceed as follows: first, we describe the pragmatic turn that leads Perelman to point out the limits of formal deductivist logic in the field of values, in some of his youth texts; then, Perelman’s bet on new rhetoric is presented as a kind of application of rationality, developed in his Treaty of Argumentation and in some texts written after 1958; finally, the Perelmanian notion of reason is developed in the framework of legal argumentation, to show how, from this perspective, Perelman is linked to the debate of the second half of the twentieth century known as the “doctrine of difficult cases in law”. (shrink)

The Routledge Handbook of Philosophies and Theories of Early Childhood Education and Carebrings together leading writers in the field to provide a much-needed, authoritative guide to the major philosophies and theories which have shaped approaches to Early Childhood Education and Care. Providing a detailed overview of key concepts, debates and practical challenges, the handbook combines theoretical acumen with specific examples to show how philosophies and theories have evolved over the centuries and their impact on policy and society. (...) It examines the ways in which societies define and make sense of childhood and the factors that influence the development of philosophies about young children and their learning. The collection offers an insight into the key theorists and considers how the economics and politics of their time and personal ideology influenced their ideas about childhood. It looks at curricula and provision which have proved inspirational and how these have impacted on policy and practice in different parts of the world. The handbook also explores alternative and perhaps less familiar philosophies and ideas about babies and young children, their place in society and the ways in which it might be appropriate to educate them Bringing together specially commissioned pieces by a range of international authors, this handbook will enable academics, research students, practitioners and policy-makers to reflect on their own understandings and approaches, as well as the assumptions made in their own and other societies. (shrink)

One of the standard criticisms of John Austin’s work is that his portrayal of law, as essentially the command of a sovereign to its subjects, does not fit well with the way law is practiced or perceived by lawyers, judges, and citizens; and since the theory “fails to fit the facts,” Austin’s theory must be rejected in favor of later theories that have better fit. Many influential modern approaches to the nature of law, including Joseph Raz’s exclusive legal positivism (...) and Ronald Dworkin’s interpretivism, while they criticize the lack of fit of theories like Austin’s, themselves unapologetically offer characterizations of legal practice that deviate in significant ways from the way most people practice or perceive law. Thus, it appears that many contemporary legal theorists wish to have it both ways: they use the deviations from conventional understandings as grounds for dismissing some theories by other scholars, but forgive or overlook comparable deviations in their own theories. This article explores what general principles can be learned, or developed, regarding when or to what extent deviation from the way law is practiced and perceived can be justified in a theory of the nature of law by other theoretical gains. Additionally, the article considers whether, in light of the proper approach to fit and mistake in theory-construction, Austin’s theory of law might be a more viable alternative than is conventionally assumed. (shrink)