Scott Hershovitz

A powerful argument for the essential role of morality in law, getting at the heart of key debates in public life. What is law? And how does it relate to morality? It’s common to think that law and morality are different ways of regulating our lives. But Scott Hershovitz says that this is a mistake: law is a part of our moral lives. It’s a tool we use to adjust our moral relationships. The legal claims we advance in court, Hershovitz argues, are moral claims. And our legal conflicts are moral conflicts. Law Is a Moral Practice supplies fresh answers to fundamental questions about the nature of law and helps us better appreciate why we disagree about law so deeply. Reviving a neglected tradition of legal thought most famously associated with Ronald Dworkin, Hershovitz engages with important legal and political controversies of our time, including recent debates about constitutional interpretation and the obligations of citizens and officials to obey the law. Leavened by entertaining personal stories, guided by curiosity rather than ideology, moving beyond entrenched dichotomies like the opposition between positivism and natural law, Law Is a Moral Practice is a thought-provoking investigation of the philosophical issues behind real-world legal debates.

'Witty and learned ... Hershovitz intertwines parenting and philosophy, recounting his spirited arguments with his kids about infinity, morality, and the existence of God' Jordan Ellenberg, author of ShapeA funny, wise guide to the art of thinking, and why the smallest people have the answers to the biggest questions'Anyone can do philosophy, every kid does...'Some of the best philosophers in the world can be found in the most unlikely places: in preschools and playgrounds. They gather to debate questions about metaphysics and morality, even though they've never heard the words, and can't tie their shoelaces. As Scott Hershovitz shows in this delightful book, kids are astoundingly good philosophers. And, if we let ourselves pause to think along with them, we might discover that we are, too. Nasty, Brutish, and Short is a unique guide to the art of thinking, led by a celebrated philosophy professor and his two young sons. Together, Scott, Rex, and Hank take us on a romp through classic and contemporary philosophy, steered by questions like, does Hank have the right to drink Fanta? When is it okay to swear? And, does the number six exist? They explore weighty issues, like punishment and authority; sex, gender, and race; the nature of truth and knowledge; and the existence of God. And they call on a host of professional philosophers, famous and obscure, to help them along the way. Ultimately, they demonstrate that we shouldn't just support kids in their philosophical adventures: we should join them, so that we can rekindle our own innate, childlike wonder at the world. We'd all be better, more discerning thinkers for it.

Named a Best Book of 2022 by NPR "This amazing new book . . . takes us on a journey through classic and contemporary philosophy powered by questions like 'What do we have the right to do? When is it okay to do this or that' They explore punishment and authority and sex and gender and race and the nature of truth and knowledge and the existence of God and the meaning of life and Scott just does an incredible job." --Ryan Holiday, The Daily Stoic Some of the best philosophers in the world gather in surprising places--preschools and playgrounds. They debate questions about metaphysics and morality, even though they've never heard those words and can't tie their shoes. They're kids. And as University of Michigan professor of philosophy and law Scott Hershovitz shows, they can help grown-ups solve some of life's greatest mysteries. Hershovitz has two young sons, Rex and Hank. From the time they could talk, he noticed that they raised philosophical questions and tried to answer them. They re-created ancient arguments and advanced entirely new ones. That's not unusual, Hershovitz says. Every kid is a philosopher. Powered by questions like: Does Hank have the right to drink soda? Is it ever okay to swear? and, Does the number six exist? the Hershovitzes take us on a fun romp through classic and contemporary philosophy. If we join kids on philosophical adventures, Hershovitz argues, we can become sharper thinkers and recapture their wonder at the world.