Dispositions are modal properties. The standard conception of dispositions holds that each disposition is individuated by its stimulus condition(s) and its manifestation(s), and that their modality is best captured by some conditional construction that relates stimulus to manifestation as antecedent to consequent. I propose an alternative conception of dispositions: each disposition is individuated by its manifestation alone, and its modality is closest to that of possibility — a fragile vase, for instance, is one that can break easily. The view is (...) expounded in some detail and defended against the major objections. (shrink)

Evaluative and normative terms and concepts are often said to be "essentially contestable". This notion has been used in political and legal theory and applied ethics to analyse disputes concerning the proper usage of terms like democracy, freedom, genocide, rape, coercion, and the rule of law. Many philosophers have also thought that essential contestability tells us something important about the evaluative in particular. Gallie (who coined the term), for instance, argues that the central structural features of essentially contestable concepts secure (...) their evaluativeness. I'll argue that these (widely held) central features are exemplified by many evaluative and non-evaluative terms alike, owing to more general factors (such as multidimensionality) which have nothing in particular to do with being evaluative. The role of these factors in semantic interpretation is subject to a certain kind of "metasemantic" disputes which have the features of the disputes characteristically admitted by essentially contestable concepts (whether evaluative or not) and which can be similarly substantive and worthwhile. In closing I'll discuss how my argument shows that our understanding of evaluative disagreement needs refinement. The overall upshot is that essential contestability shows nothing deep or distinctive about the evaluative in particular. (shrink)

Many theories of racism presuppose that ordinary usage of the term “racism” should be preserved. Rarely is this presupposition—the presumption of conservatism—defended. This paper discusses the work of Lawrence Blum, Joshua Glasgow, Jorge Garcia, Tommie Shelby, and others, in order to develop a critique of the presumption of conservatism. Against this presumption, I defend the following desideratum: If ordinary usage of “racism” prompts significant practical difficulties that can be averted by revising ordinary usage, then this counts as a mark against (...) the normative status of ordinary usage and so counts as a reason for revising it. The significance of this argument is that it clears the way for a rigorous defense of revisionism. My paper provides a prima facie case for revisionism, built on two practical criticisms of the ordinary usage of “racism.” First, ordinary usage reflects incompatible norms that promote conceptual confusion and misunderstanding, among other problems. Second, ordinary usage reflects an individualistic conception of racism that serves the interests of whites. By championing ordinary usage in our philosophical theories, we (unwittingly) promote the interests of whites over nonwhites. (shrink)

Taking as a point of departure a recently published collection of representative contributions from various philosophers who claim to ?proceed from ordinary language?, this article examines ordinary language philosophy in the light of some of the claims made by these philosophers. The claims are criticized mainly for failing to account for the variability of the use of terms in respect both of depth of intention and special contexts. These factors are such as to render the claims in question false when (...) interpreted as significant assertions about language, but trivial when they are interpreted as reasonable and true. (shrink)

This paper studies a distinction that was proposed in previous works between total and partial adjectives. In pairs of adjectives such as safe–dangerous, clean–dirty and healthy–sick, the first (“total”) adjective describes lack of danger, dirt, malady, etc., while the second (“partial”) adjective describes the existence of such properties. It is shown that the semantics of adjective phrases with modifiers such as almost, slightly, and completely is sensitive to whether the adjective is total or partial. The interpretation of such modified constructions (...) is accounted for using a novel scale structure for total and partial adjectives. It is proposed that the standard value of a total adjective is always fixed as the lower bound of the corresponding partial adjective. By contrast, the standard value of partial adjectives can take any point on the partial scale. The effects of this theoretical distinction on the behavior of modified constructions are studied in detail, and their ramifications for the semantic theory of adjectives are discussed. Some other phenomena are surveyed that show evidence for total and partial adjectival constructions with various comparatives and exceptive phrases. (shrink)

Do you know you are not being massively deceived by an evil demon? That is a familiar skeptical challenge. Less familiar is this question: How do you have a conception of knowledge on which the evil demon constitutes a prima facie challenge? Recently several philosophers have suggested that our responses to skeptical scenarios can be explained in terms of heuristics and biases. We offer an alternative explanation, based in learning theory. We argue that, given the evidence available to the learner, (...) it would be rational for the learner to infer an infallibilist conception of knowledge. (shrink)

Degree readings of size adjectives, as in big stamp-collector, cannot be explained away as merely the consequence of some extragrammatical phenomenon. Rather, this paper proposes that they actually reflect the grammatical architecture of nominal gradability. Such readings are available only for size adjectives in attributive positions, and systematically only for adjectives that predicate bigness. These restrictions can be understood as part of a broader picture of gradable NPs in which adnominal degree morphemes—often overt—play a key role, analogous to their role (...) in the extended AP. Size adjectives acquire degree readings through a degree morpheme similar to the one that licenses AP-modifying measure phrases. Its syntax gives rise to positional restrictions on the availability of these readings, and the semantics of degree measurement interacts with the scale structure of size adjectives to give rise to restrictions on the adjective itself. (shrink)

Since its original 1996 publication,Jorge Garcia''s ``The Heart of Racism'''' has beenwidely reprinted, a testimony to its importanceas a distinctive and original analysis ofracism. Garcia shifts the standard framework ofdiscussion from the socio-political to theethical, and analyzes racism as essentially avice. He represents his account asnon-revisionist (capturing everyday usage),non-doxastic (not relying on belief),volitional (requiring ill-will), and moralized(racism is always wrong). In this paper, Icritique Garcia''s analysis, arguing that hedoes in fact revise everyday usage, that hisaccount does tacitly rely on belief, (...) thatill-will is not necessary for racism, and thata moralized account gets both the scope and thedynamic of racism wrong. While I do not offeran alternative positive account myself, Isuggest that traditional left-wing structuralanalyses are indeed superior. (shrink)

In the burgeoning philosophical literature on conceptual engineering improving our concepts is typically portrayed as the hallmark activity of the field. However, Herman Cappelen has challenged the idea that we can know how and why conceptual changes occur well enough to actively intervene in revising our concepts; the mechanisms of conceptual change are typically inscrutable to us. If the ‘inscrutability challenge’ is correct, the practical aspect of conceptual engineering may seem to be undermined, but I argue that endorsing such pessimism (...) would be a mistake. Even if the inscrutability challenge is correct, conceptual engineers often have good reasons to try to preserve existing concepts. I examine several cases where concept preservation is important and draw lessons about this activity for conceptual engineers. (shrink)

In analyzing oppressive systems like racism, social theorists have articulated accounts of the dynamic interaction and mutual dependence between psychological components, such as individuals’ patterns of thought and action, and social components, such as formal institutions and informal interactions. We argue for the further inclusion of physical components, such as material artifacts and spatial environments. Drawing on socially situated and ecologically embedded approaches in the cognitive sciences, we argue that physical components of racism are not only shaped by, but also (...) shape psychological and social components of racism. Indeed, while our initial focus is on racism and racist things, we contend that our framework is also applicable to other oppressive systems, including sexism, classism, and ableism. This is because racist things are part of a broader class of oppressive things, which are material artifacts and spatial environments that are in congruence with an oppressive system. (shrink)

One aim of this essay is to contribute to understanding aesthetic communication—the process by which agents aim to convey thoughts and transmit knowledge about aesthetic matters to others. Our focus will be on the use of aesthetic adjectives in aesthetic communication. Although theorists working on the semantics of adjectives have developed sophisticated theories about gradable adjectives, they have tended to avoid studying aesthetic adjectives—the class of adjectives that play a central role in expressing aesthetic evaluations. And despite the wealth of (...) attention paid to aesthetic adjectives by philosophical aestheticians, they have paid little attention to contemporary linguistic theories of adjectives. We take our work to be a first step in remedying these lacunae. In this paper, we present four experiments that examine one aspect of how aesthetic adjectives ordinarily function: the context-sensitivity of their application standards. Our results present a prima facie empirical challenge to a common distinction between relative and absolute gradable adjectives because aesthetic adjectives are found to behave differently from both. Our results thus also constitute a prima facie vindication of some philosophical aestheticians’ contention that aesthetic adjectives constitute a particularly interesting segment of natural language, even if the boundaries of this segment might turn out to be different from what they had in mind. (shrink)

The goal of this short paper is to show that esthetic adjectives—exemplified by “beautiful” and “elegant”—do not pattern stably on a range of linguistic diagnostics that have been used to taxonomize the gradability properties of adjectives. We argue that a plausible explanation for this puzzling data involves distinguishing two properties of gradable adjectives that have been frequently conflated: whether an adjective’s applicability is sensitive to a comparison class, and whether an adjective’s applicability is context-dependent.

This article critically examines the proposal that the word "racism" should be restricted to the most egregious of racial ills. It argues that the costs of restricting the scope of the term in this way are too great and that the proposal gives too much weight to white sensitivities.

This paper excavates a debate concerning the claims of ordinary language philosophers that took place during the middle of the last century. The debate centers on the status of statements about ‘what we say’. On one side of the debate, critics of ordinary language philosophy argued that statements about ‘what we say’ should be evaluated as empirical observations about how people do in fact speak, on a par with claims made in the language sciences. By that standard, ordinary language philosophers (...) were not entitled to the claims that they made about what we would say about various topics. On the other side of the debate, defenders of the methods of ordinary language philosophy sought to explain how philosophers can be entitled to statements about what we would say without engaging in extensive observations of how people do in fact use language. In this paper, I defend the idea that entitlement to claims about what we say can be had in a way that doesn’t require empirical observation, and I argue that ordinary language philosophers are engaged in a different project than linguists or empirically minded philosophers of language, which is subject to different conditions of success. (shrink)

This paper sets out the felicity conditions for metalinguistic proposals, a type of directive illocutionary act. It discusses the relevance of metalinguistic proposals and other metalinguistic directives for understanding both small- and large-scale linguistic engineering projects, essentially contested concepts, metalinguistic provocations, and the methodology of ordinary language philosophy. Metalinguistic proposals are compared with other types of linguistic interventions, including metalinguistic negotiation, conceptual engineering, lexical warfare, and ameliorative projects.

There is a widespread assumption that ordinary language philosophy was killed off sometime in the 1960s or 70s by a combination of Gricean pragmatics and the rapid development of systematic semantic theory. Contrary to that widespread assumption, however, contemporary versions of ordinary language philosophy are alive and flourishing, but going by various aliases—in particular (some versions of) "contextualism" and (some versions of) "experimental philosophy". And a growing group of contemporary philosophers are explicitly embracing the methods as well as the title (...) of ordinary language philosophy and arguing that it has been unfairly maligned and was never decisively refuted. In this overview, I will outline the main projects and arguments employed by contemporary ordinary language philosophers, and make the case that updated versions of the arguments made by ordinary language philosophers in the middle of the twentieth century are attracting renewed attention. (shrink)

Are color adjectives ("red", "green", etc.) relative adjectives or absolute adjectives? Existing theories of the meaning of color adjectives attempt to answer that question using informal ("armchair") judgments. The informal judgments of theorists conflict: it has been proposed that color adjectives are absolute with standards anchored at the minimum degree on the scale, that they are absolute but have near-midpoint standards, and that they are relative. In this paper we report two experiments, one based on entailment patterns and one based (...) on presupposition accommodation, that investigate the meaning of scalar adjectives. We find evidence confirming the existence of subgroups of the population who operate with different standards for color adjectives. The evidence of interpersonal variation in where standards are located on the relevant scale and how those standards can be adjusted indicates that the existing theories of the meaning of color adjectives are at best only partially correct. We also find evidence that paradigmatic relative adjectives ("tall", "wide") behave in ways that are not predicted by the standard theory of scalar adjectives. We discuss several different possible explanations for this unexpected behavior. We conclude by discussing the relevance of our findings for philosophical debates about the nature and extent of semantically encoded context sensitivity in which color adjectives have played a key role. (shrink)

We investigate claims about the frequency of "know" made by philosophers. Our investigation has several overlapping aims. First, we aim to show what is required to confirm or disconfirm philosophers’ claims about the comparative frequency of different uses of philosophically interesting expressions. Second, we aim to show how using linguistic corpora as tools for investigating meaning is a productive methodology, in the sense that it yields discoveries about the use of language that philosophers would have overlooked if they remained in (...) their "armchairs of an afternoon", to use J.L. Austin’s phrase. Third, we discuss facts about the meaning of "know" that so far have been ignored in philosophy, with the aim of reorienting discussions of the relevance of ordinary language for philosophical theorizing. (shrink)

An analysis of 'racism' in terms of disrespect. This article argues against the views that racism should be understood in reductive ways as, variously, an attitude of ill-will (Jorge Garcia), a cognitive object such as ideology (Tommie Shelby), a behavior (Michael Philips), or some disjunctive hybrid (Lawrence Blum). In fact, it argues that racism should be conceptually released from having any one location. The disrespect analysis favored here can accommodate a variety of important desiderata for a theory of racism.

A complimentary assessment of Blum's award-winning book about racism and its affects. Well written as it is, it needs to be supplemented with a definition of racial injustice, and also to analyze racism not only on the level of individual morality but from a human rights perspective that discredits political and economic motives for racism (e.g., by drawing on Hannah Arendt's Origins of Totalitarianism).

The paper presents both new data and a new analysis of the semantic and pragmatic properties of the class of absolute scalar adjectives within an extension of a well-known logical framework for the analysis of gradable predicates: the delineation semantics framework . It has been long observed that the context-sensitivity, vagueness and gradability features of absolute scalar predicates give rise to certain puzzles for their analysis within most, if not all, modern formal semantic frameworks. While there exist proposals for solving (...) these puzzles within other major frameworks , it has been argued that some of their aspects are particularly challenging for the analysis of absolute scalar predicates within the delineation approach. By combining insights into the relationship between context-sensitivity and scalarity from the DelS framework with insights into the relationship between tolerance/similarity relations and the Sorites paradox from Cobreros et al.’s Tolerant, Classical, Strict framework, I propose a new logical system, called Delineation TCS , in which to set analyses of four classes of adjectival predicates. I argue that this new framework allows for an analysis of absolute scalar adjectives that answers these challenges for delineation-based frameworks, while still preserving the heart of the Klein-ian approach. (shrink)

Both patients and clinicians frequently report problems around communicating and assessing pain. Patients express dissatisfaction with their doctors and doctors often find exchanges with chronic pain patients difficult and frustrating. This chapter thus asks how we could improve pain communication and thereby enhance outcomes for chronic pain patients. We argue that improving matters will require a better appreciation of the complex meaning of pain terms and of the variability and flexibility in how individuals think about pain. We start by examining (...) the various accounts of the meaning of pain terms that have been suggested within philosophy and suggest that, while each of the accounts captures something important about our use of pain terms, none is completely satisfactory. We propose that pain terms should be viewed as communicating complex meanings, which may change across different communicative contexts, and this in turn suggests that we should view our ordinary thought about pain as similarly complex. We then sketch what a view taking seriously this variability in meaning and thought might look like, which we call the “polyeidic” view. According to this view, individuals tacitly occupy divergent stances across a range of different dimensions of pain, with one agent, for instance, thinking of pain in a much more “bodycentric” kind of way, while another thinks of pain in a much more "mindcentric” way. The polyeidic view attempts to expand the multidimensionality recognised in, e.g., biopsychosocial models in two directions: first, it holds that the standard triumvirate— dividing sensory/cognitive/affective factors— needs to be enriched in order to capture important distinctions within the social and psychological dimensions. Second, the polyeidic view attempts to explain (at least in part) why modulation of experience by these social and psychological factors is possible in the first place. It does so by arguing that because the folk concept of pain is complex, different weightings of the different parts of the concept can modulate pain experience in a variety of ways. Finally, we argue that adopting a polyeidic approach to the meaning of pain would have a range of measurable clinical outcomes. (shrink)

The subject of this paper, Excuses, is one not to be treated, but only to be introduced, within such limits. It is, or might be, the name of a whole branch, even a ramiculated branch, of philosophy, or at least of one fashion of philosophy. I shall try, therefore, first to state what the subject is, why it is worth studying, and how it may be studied, all this at a regrettably lofty level: and then I shall illustrate, in more (...) congenial but desultory detail, some of the methods to be used, together with their limitations, and some of the unexpected results to be expected and lessons to be learned. Much, of course, of the amusement, and of the instruction, comes in drawing the coverts of the microglot, in hounding down the minutiae, and to this I can do no more here than incite you. But I owe it to the subject to say, that it has long afforded me what philosophy is so often thought, and made, barren of -- the fun of discovery, the pleasures of co-operation, and the satisfaction of reaching agreement. (shrink)

The words ‘racist’ and ‘racism’ have become so overused that they nowconstitute obstacles to understanding and interracial dialogue about racial matters. Insteadof the current practice of referring to virtually anything that goes wrong or amiss withrespect to race as ‘racism,’ we should recognize a much broader moral vocabulary forcharacterizing racial ills – racial insensitivity, racial ignorance, racial injustice, racialdiscomfort, racial exclusion. At the same time, we should fix on a definition of ‘racism’ thatis continuous with its historical usage, and avoids (...) conceptual inflation. I suggest two basic,and distinct, forms of racism that meet this condition – antipathy racism and inferiorizingracism. We should also recognize that not all racially objectionable actions are done froma racist motive, and that not all racial stereotypes are racist. (shrink)

We care not only about how people treat us, but also what they believe of us. If I believe that you’re a bad tipper given your race, I’ve wronged you. But, what if you are a bad tipper? It is commonly argued that the way racist beliefs wrong is that the racist believer either misrepresents reality, organizes facts in a misleading way that distorts the truth, or engages in fallacious reasoning. In this paper, I present a case that challenges this (...) orthodoxy: the case of the supposedly rational racist. We live in a world that has been, and continues to be, structured by racist attitudes and institutions. As a result, the evidence might be stacked in favour of racist beliefs. But, if there are racist beliefs that reflect reality and are rationally justified, what could be wrong with them? Moreover, how do I wrong you by believing what I epistemically ought believe given the evidence? To address this challenge, we must recognize that there are not only epistemic norms governing belief, but moral ones as well. This view, however, is at odds with the assumption that moral obligation requires a kind of voluntary control that we lack with regard to our beliefs. This background assumption motivates many philosophers to try to explain away the appearance that beliefs can wrong by locating the wrong elsewhere, e.g., in an agent’s actions. Further, even accounts that accept the thesis that racist beliefs can wrong restrict the class of beliefs that wrong to beliefs that are either false or the result of hot irrationality, e.g., the racist belief is a result of ill-will. In this paper I argue that although the these accounts will capture many of the wrongs associated with racist beliefs, they will be only partial explanations because they cannot explain the wrong committed by the supposedly rational racist. The challenge posed by the supposedly rational racist concerns our epistemic practices in a non-ideal world. The world is an unjust place, and there may be many morally objectionable beliefs it justifies. To address this challenge, we must seriously consider the thesis people wrong others in virtue of what they believe about them, and not just in virtue of what they do. (shrink)

Recent decades have seen a surge in interest in metaphilosophy. In particular there has been an interest in philosophical methodology. Various questions have been asked about philosophical methods. Are our methods any good? Can we improve upon them? Prior to such evaluative and ameliorative concerns, however, is the matter of what methods philosophers actually use. Worryingly, our understanding of philosophical methodology is impoverished in various respects. This article considers one particular respect in which we seem to be missing an important (...) part of the picture. While it is a received wisdom that the word “ intuition ” has exploded across analytic philosophy in recent decades, the article presents evidence that the explosion is apparent across a broad swathe of academia. It notes various implications for current methodological debates about the role of intuitions in philosophy. (shrink)

More than forty years have passed since Congress, in response to the Civil Rights Movement, enacted sweeping antidiscrimination laws in the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968. As a signal achievement of that legacy, in 2008, Americans elected their first African American president. Some would argue that we have finally arrived at a postracial America, butThe Imperative of Integration indicates otherwise. Elizabeth Anderson demonstrates that, despite progress toward racial (...) equality, African Americans remain disadvantaged on virtually all measures of well-being. Segregation remains a key cause of these problems, and Anderson skillfully shows why racial integration is needed to address these issues. Weaving together extensive social science findings--in economics, sociology, and psychology--with political theory, this book provides a compelling argument for reviving the ideal of racial integration to overcome injustice and inequality, and to build a better democracy. -/- Considering the effects of segregation and integration across multiple social arenas, Anderson exposes the deficiencies of racial views on both the right and the left. She reveals the limitations of conservative explanations for black disadvantage in terms of cultural pathology within the black community and explains why color blindness is morally misguided. Multicultural celebrations of group differences are also not enough to solve our racial problems. Anderson provides a distinctive rationale for affirmative action as a tool for promoting integration, and explores how integration can be practiced beyond affirmative action. -/- Offering an expansive model for practicing political philosophy in close collaboration with the social sciences, this book is a trenchant examination of how racial integration can lead to a more robust and responsive democracy. (shrink)

This book reimagines the compositional semantics of comparative sentences using words such as more, as, too, and others. The book's central thesis entails a rejection of a fundamental assumption of degree semantic frameworks: that gradable adjectives like tall lexicalize functions from individuals to degrees, i.e., measure functions. I argue that comparative expressions in English themselves introduce “measure functions”; this is the case whether that morphology targets adjectives, as in *taller* or *more intelligent*; nouns, as in *more coffee*, *more coffees*; verbs, (...) such as *run more*, *jump more*; or expressions of other categories. Furthermore, she suggests that expressions that comfortably and meaningfully appear in the comparative form should be distinguished from those that do not in terms of a general notion of "measurability": a measurable predicate has a domain of application with non-trivial structure. This notion unifies the independently motivated distinctions between, for example, gradable and non-gradable adjectives, mass and count nouns, singular and plural noun phrases, and telic and atelic verb phrases. Based on careful examination of the distribution of dimensions for comparison within the class of measurable predicates, I tie the selection of measure functions to the specific nature and structure of the domain entities targeted for measurement. The book ultimately explores how, precisely, we should understand semantic theories that invoke the "nature" of domain entities: does the theory depend for its explanation on features of metaphysical reality, or something else? Such questions are especially pertinent in light of a growing body of research in cognitive science exploring the understanding and acquisition of comparative sentences. (shrink)

History and current affairs show that words matter - and change - because they are woven into our social and political lives. Words are weapons wielded by the powerful; they are also powerful tools for social resistance and for reimagining and reconfiguring social relations. Illustrated with topical examples, from racial slurs and sexual insults to preferred gender pronouns, from ethnic/racial group labels to presidential tweets, this book examines the social contexts which imbue words with potency. Exploring the role of language (...) in three broad categories - establishing social identities, navigating social landscapes, and debating social and linguistic change - Sally McConnell-Ginet invites readers to examine critically their own ideas about language and its complicated connections to social conflict and transformation. Concrete and timely examples vividly illustrate the feedback loop between words and the world, shedding light on how and why words can matter. (shrink)

This book presents a new theory of the relationship between vagueness, context-sensitivity, gradability, and scale structure in natural language. Heather Burnett argues that it is possible to distinguish between particular subclasses of adjectival predicatesDLrelative adjectives like tall, total adjectives like dry, partial adjectives like wet, and non-scalar adjectives like hexagonalDLon the basis of how their criteria of application vary depending on the context; how they display the characteristic properties of vague language; and what the properties of their associated orders are. (...) It has been known for a long time that there exist empirical connections between context-sensitivity, vagueness, and scale structure; however, a formal system that expresses these connections had yet to be developed. This volume sets out a new logical system, called DelTCS, that brings together insights from the Delineation Semantics framework and from the Tolerant, Classical, Strict non-classical framework, to arrive at a full theory of gradability and scale structure in the adjectival domain. The analysis is further extended to examine vagueness and gradability associated with particular classes of determiner phrases, showing that the correspondences that exist between the major adjectival scale structure classes and subclasses of determiner phrases can also be captured within the DelTCS system. (shrink)

Within legal scholarship and practice, among the most pervasive tasks is the interpretation of texts. And within legal interpretation, perhaps the most pervasive inquiry is the search for “ordinary meaning.” Jurists often treat ordinary meaning analysis as an empirical inquiry, aiming to discover a fact about how people understand language. When evaluating ordinary meaning, interpreters rely on dictionary definitions or patterns of common usage, increasingly via “legal corpus linguistics” approaches. However, the most central question about these popular methods remains open: (...) Do they reliably reflect ordinary meaning? This Article presents a series of experiments that assess whether (a) dictionary definitions and (b) common usage data reflect (c) how people actually understand language today. -/- The Article elaborates the implications of two main experimental results. First, neither the dictionary nor legal corpus linguistics methods reliably track ordinary people’s judgments about meaning. This shifts the argumentative burden to jurists who rely on these tools to identify “ordinary meaning” or “original public meaning”: these views must articulate and demonstrate a reliable method of analysis. Moreover, this divergence illuminates several interpretive fallacies. For example, advocates of legal corpus linguistics often contend that the nonappearance of a specific use in a corpus indicates that the use is not part of the relevant term’s ordinary meaning. The experiments reveal this claim to be a “Nonappearance Fallacy.” Ordinary meaning exceeds datasets of common usage — even very large ones. -/- Second, dictionary and legal corpus linguistics verdicts diverge dramatically from each other. Part of that divergence is explained by the finding that broad dictionary definitions tend to direct interpreters to extensive interpretations, while data of common usage tends to point interpreters to more prototypical cases. This suggests two different criteria that are often relevant in interpretation: a more extensive criterion and a more narrow, prototypical criterion. Although dictionaries and corpus linguistics might, in some cases, help us identify these criteria, a hard legal-philosophical question remains: Which of these two criteria should guide the interpretation of terms and phrases in legal texts? Insofar as there is no compelling case to prefer one, the results suggest that dictionary definitions, legal corpus linguistics, or even other more scientific measures of meaning may not be equipped in principle to deliver simple and unequivocal answers to inquiries about the so-called “ordinary meaning” of legal texts. (shrink)

In constructing semantic theories of normative and evaluative terms, philosophers have commonly deployed a certain type of disagreement -based argument. The premise of the argument observes the possibility of genuine disagreement between users of a certain normative or evaluative term, while the conclusion of the argument is that, however differently those speakers employ the term, they must mean the same thing by it. After all, if they did not, then they would not really disagree. We argue that in many of (...) the cases in which this argument is deployed, the conclusion not only fails to follow from the premises, but is very likely false. Disagreements between speakers who do not mean the same things by their words are common, genuine, and not easily distinguished from ordinary disagreements over the truth of literally expressed content. We make this case by developing the notion of a metalinguistic negotiation, an exchange in which speakers tacitly negotiate the proper deployment of some linguistic expression in a context. Metalinguistic negotiations express disagreements over information that is conveyed pragmatically and about what concepts should be deployed in the context at hand. We argue that neither of these features poses any obstacle to metalinguistic negotiations serving to express genuine, substantive disagreements that can be well worth engaging in. Contrary to what has been widely assumed in the literature, many normative and evaluative disputes—among ordinary speakers and even among philosophers themselves—may be of exactly this type, a conclusion with important consequences for both the subject matter and the methodology of metanormative theory. (shrink)