Douglas E. Edlin (ed.), Common Law Theory, Cambridge University Press, 2007, 247pp., $80.00 (hbk), ISBN 9780521846424. W.J. Waluchow: ". . .if common law is case law, precisely where in legal cases are common law rules to be found? Among the most theoretically troubling features of such rules -- assuming that they do indeed exist -- is that they are not canonically formulated in the manner of statutory rules. Judges seldom formulate anything remotely like what we normally think of as a rule when they decide cases. Rather, they explain and defend their decisions by citing reasons, doctrines, precedents, and so on. Often they cite what appear to be moral, political and social considerations. But these are not the kinds of things we normally think of as legal rules; rather they seem to be factors one could draw on to support the adoption, application, alteration or rejection of such rules. And so our question remains: where precisely do we locate common law rules? And then there is this peculiar feature of common law rules: they are quite often capable of revision in the very act of application by a judge, a respect in which they seem quite unlike, say, statutory rules which judges are not free to change. How can rules, revisable at point of application, be intelligently thought of as legally "binding" on a decision-maker? Indeed, can they sensibly be said to be rules at all? . . ." more

Jesse Prinz, The Emotional Construction of Morals, Oxford University Press, 2007, 334pp., $60.00 (hbk), ISBN 9780199283019. Ronald de Sousa, University of Toronto: "Is the good a projection of our preferences, or are our preferences correct or incorrect according to their correspondence to some objective good, independent of our minds? The question goes back to Plato's Euthyphro. There have been major hitters on both sides, and it is one of the many scandals of philosophy that the debate drags on. Jesse Prinz's brilliant new book is a detailed and convincing defense of a fresh variant of the projectionist view, in which emotional responses, particularly approbation and disapprobation, constitute the core content of moral judgments. The view is refined in such a way as to embrace the possibility of moral truth, and answer a large array of objections. Its relativist consequences are embraced, and independently supported with a wide range of psychological and anthropological evidence. Prinz shows, however, that even full fledged relativism does not exclude viable notions of moral debate and moral progress." more