The Partially Examined Life Philosophy Podcast

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Ep. 306: Dworkin and the Dobbs Decision (Part Two) Dec 19, 2022

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Continuing on Ronald Dworkin's "Unenumerated Rights: Whether and How Roe Should be Overruled" (1992) and the Dobbs v. Jackson Women's Health Organization (2021) decision featuring guest Robin Linsenmayer.

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Ep. 306: Dworkin and the Dobbs Decision (Part One) Dec 12, 2022

Show notes

Does the U.S. Constitution guarantee the right to an abortion? We discuss Dobbs v. Jackson Women's Health Organization (2021) and Ronald Dworkin's "Unenumerated Rights: Whether and How Roe Should be Overruled" (1992). With guest Robin Linsenmayer.

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PREMIUM-Ep. 305: Cormac McCarthy's "Blood Meridian" (Part Three) Dec 10, 2022

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To conclude our discussion of Blood Meridian, we talk about the roles of maturation and regression in the novel, plus more on Judge Holden's philosophy, and more.

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Ep. 305: Cormac McCarthy's "Blood Meridian" (Part Two) Dec 05, 2022

Show notes

Continuing on McCarthy's 1985 novel, we discuss the philosophy of war held by the character Judge Holden, plus whether the book's violence is gratuitous and why it might be unfilmable.

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Ep. 305: Cormac McCarthy's "Blood Meridian" (Part One) Nov 28, 2022

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On McCarthy's 1985 anti-Western novel, featuring Wes, Seth, and Dylan.

How does violence play a role in the way the world works? This novel about a rogue band of scalp hunters presents a pessimistic, nihilistic philosophy where violence is central to the human condition and is the way to self-knowledge.

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PREMIUM-PEL Nightcap November 2022: Listener Testimonials Nov 27, 2022

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We recently put out a call among our supporters for some short audio clips of folks telling us about their relationship to PEL, and here they are. Mark, Seth, and Dylan play and respond to some of these.

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Ep. 304: Dworkin v. Hart on Legal Judgment (Part Two) Nov 21, 2022

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Continuing on Roland Dworkin's "The Model of Rules" (1967) and Scott J. Shapiro's "The 'Hart-Dworkin' Debate: A Short Guide for the Perplexed" (2007), plus some of Dworkin's "Hard Cases" (1977).

How do Hartians respond to Dworkin's initial attack? Can Hart's theory incorporate the fact that judges consult their culture's moral standards without making the law dependent on morality?

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Ep. 304: Dworkin v. Hart on Legal Judgment (Part One) Nov 14, 2022

Show notes

On Ronald Dworkin's "The Model of Rules" (1967) and Scott J. Shapiro's "The 'Hart-Dworkin' Debate: A Short Guide for the Perplexed" (2007).

How do judges make decisions in hard cases? When the law "runs out" and doesn't definitively decide an issue, do judges then just draw on their personal moral judgments? Dworkin says no, that moral principles are (contra Hart) built into the legal principles which guide judges, even if these principles are not written out in legal rules.

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PREMIUM-Ep. 303: H.L.A. Hart on the Foundations of Law (Part Three) Nov 11, 2022

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On The Concept of Law (1961), ch. 6, "Foundations of a Legal System," on Hart's concept of a rule of recognition that ultimately determines what will count as a law in a given society. This ends up being more complicated than merely "The Constitution," but the action itself of officials respecting, obeying, and enforcing that Constitution.

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Ep. 303: H.L.A. Hart on the Foundations of Law (Part Two) Nov 07, 2022

Show notes

Continuing on "Positivism and the Separation of Law and Morals" (1958) and The Concept of Law (1961), ch. 5 and 6.

If law is not based on morality, then why obey the law? What makes a legal system exist at all, as opposed to a lawless state? Is saying something is legally required just a way of predicting that people will generally obey it?

Get more at partiallyexaminedlife.com. Visit partiallyexaminedlife.com/support to get ad-free episodes and tons of bonus discussion including the supporter-exclusive part three to this episode.

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