By building upon Raz's analysis of the spectrum of voluntary obligations, the author produces a typology of agreements, and then assesses the extent to which these different kinds of agreements underpin the common law of contract. While recognizing that the law of contract purports to deal with a broad range of voluntarily undertaken obligations, the typology of agreements suggests that the present law is primarily suited to dealing only with bargains. This suggests that there are situations in which agreements should (...) be legally recognized, but which should not be dealt with by all of the conceptual tools of contract law, for these agreements and voluntary undertakings serve the interests of those undertaking them in significantly different ways than do bargains. (shrink)

While it is often taken for granted that the concepts of property and of distributive justice are capable of working together to generate norms which can enhance positive social and political relations, in particular the value of community, this Article argues otherwise. Relying on critical tools deriving from Hegel’s Philosophy of Right and Marx’s notion of fetishism, the author claims that the Rawlsian conception of distributive justice fetishizes the institution of property, and claims to "distribute" participation in society amongst its (...) members as if this amounted to a distribution of so many objects. Taken in this way, the concept of distributive justice has no respectable content. What social justice requires is a means to ensure that people are not "socially excluded," which requires each individual’s participation in the social and cultural enterprise. This sort of participation can no more be "distributed" than can life itself, and the realization of this point undermines the cogency of most discussions of distributive justice. (shrink)

James Penner has probably done more than anyone else in legal philosophy to set the terms of debate in property theory for the past two decades. His 1997 book, The Idea of Property in Law initiated...

Written over the last 18 months of his life and inspired by his interest in G. E. Moore's defence of common sense, this much discussed volume collects Wittgenstein's reflections on knowledge and certainty, on what it is to know a proposition for sure.

According to Quine the inscrutability of reference leads to ontological relativity, or, as Donald Davidson calls it, relativity of reference. Davidson accepts both inscrutability and the indeterminacy of translation which it grounds, but rejects any explicit relativity of reference or ontology. The reasons behind this rejection are set out and explained. Explicit relativization is shown to be at odds with indeterminacy. Some notion of the relativity of reference (or, more generally, interpretation) is nevertheless shown to be both possible and necessary. (...) It is, however, a relativity which is compatible with commensurability — the idea of absolute incommeasurability is ruled out along with the realist ideal of universal commensuration — as well as with indeterminacy. The indeterminacy thesis itself undergoes some slight elaboration, particularly in respect of the notion of empirical equivalence. In general the resulting account is one which retains both the absolute character of truth and some sense of the relativity of ontology against the background of Davidsonian holism. (shrink)

La plupart des études récentes sur le Lysis de Platon considèrent ce dialogue comme un échec philosophique. Si quelques parties du Lysis ont retenu l’at­tention des commentateurs, il en est peu qui ont essayé, dans leur analyse, de défendre l’idée que ce court texte offre un contenu philosophique construit et cohérent. Terry Penner et Christopher Rowe (P&R) relèvent ce défi dans leur commentaire philosophique de ce dialogue en affirmant qu’une analyse systéma­tique du Lysis est insuffisante e...