This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...) Though the semantics is descriptivist, it avoids Dworkin’s influential criticism of so-called “semantic theories of law,” and elucidates the nature of “theoretical disagreements” about the criteria of legal validity. The account sheds light on the social, interpersonal function of normative uses of language in legal discourse. It also gives precise expression to Hart’s and Raz’s intuitive distinctions among types of legal claims (internal/external, committed/detached), while giving them a uniform type of analysis. The proposed semantics and pragmatics of legal claims provides a fruitful framework for further theorizing about the nature and metaphysics of law, the relation between law and morality, and the apparent practical character of legal language and judgment. Discourse Contextualism provides a solid linguistic basis for a broader account of legal discourse and practice. (shrink)

This book combines insights from philosophy and linguistics to develop a novel framework for theorizing about linguistic meaning and the role of context in interpretation. A key innovation is to introduce explicit representations of context — assignment variables — in the syntax and semantics of natural language. The proposed theory systematizes a spectrum of “shifting” phenomena in which the context relevant for interpreting certain expressions depends on features of the linguistic environment. Central applications include local and nonlocal contextual dependencies with (...) quantifiers, attitude ascriptions, conditionals, questions, and relativization. The result is an innovative, philosophically informed compositional semantics compatible with the truth-conditional paradigm. (shrink)

This paper demarcates a theoretically interesting class of "evaluational adjectives." This class includes predicates expressing various kinds of normative and epistemic evaluation, such as predicates of personal taste, aesthetic adjectives, moral adjectives, and epistemic adjectives, among others. Evaluational adjectives are distinguished, empirically, in exhibiting phenomena such as discourse-oriented use, felicitous embedding under the attitude verb `find', and sorites-susceptibility in the comparative form. A unified degree-based semantics is developed: What distinguishes evaluational adjectives, semantically, is that they denote context-dependent measure functions ("evaluational (...) perspectives")—context-dependent mappings to degrees of taste, beauty, probability, etc., depending on the adjective. This perspective-sensitivity characterizing the class of evaluational adjectives cannot be assimilated to vagueness, sensitivity to an experiencer argument, or multidimensionality; and it cannot be demarcated in terms of pretheoretic notions of subjectivity, common in the literature. I propose that certain diagnostics for "subjective" expressions be analyzed instead in terms of a precisely specified kind of discourse-oriented use of context-sensitive language. I close by applying the account to `find x PRED' ascriptions. (shrink)

This paper examines distinctive discourse properties of preposed negative 'yes/no' questions (NPQs), such as 'Isn’t Jane coming too?'. Unlike with other 'yes/no' questions, using an NPQ '∼p?' invariably conveys a bias toward a particular answer, where the polarity of the bias is opposite of the polarity of the question: using the negative question '∼p?' invariably expresses that the speaker previously expected the positive answer p to be correct. A prominent approach—what I call the context-management approach, developed most extensively by Romero (...) and Han (2004)—attempts to capture speaker expectation biases by treating NPQs fundamentally as epistemic questions about the proper discourse status of a proposition. I raise challenges for existing context-managing accounts to provide more adequate formalizations of the posited context-managing content, its implementation in the compositional semantics and discourse dynamics, and its role in generating the observed biases. New data regarding discourse differences between NPQs and associated epistemic modal questions are introduced. I argue that we can capture the roles of NPQs in expressing speakers’ states of mind and managing the discourse common ground without positing special context-managing operators or treating NPQs as questions directly about the context. I suggest that we treat the operator introduced with preposed negation as having an ordinary semantics of epistemic necessity, though lexically associated with a general kind of endorsing use observed with modal expressions. The expressive and context-managing roles of NPQs are explained in terms of a general kind of discourse-oriented use of context-sensitive language. The distinctive expectation biases and discourse properties observed with NPQs are derived from the proposed semantics and a general principle of Discourse Relevance. (shrink)

Philosophy and Phenomenological Research, EarlyView.

This paper explains and defends a belief-first view of the relationship between belief and credence. On this view, credences are a species of beliefs, and the degree of credence is determined by the content of what is believed. We begin by developing what we take to be the most plausible belief-first view. Then, we offer several arguments for it. Finally, we show how it can resist objections that have been raised to belief-first views. We conclude that the belief-first view is (...) more plausible than many have previously supposed. (shrink)

The Identity principle says that conditionals with the form 'If p, then p' are logical truths. Identity is overwhelmingly plausible, and has rarely been explicitly challenged. But a wide range of conditionals nonetheless invalidate it. I explain the problem, and argue that the culprit is the principle known as Import-Export, which we must thus reject. I then explore how we can reject Import-Export in a way that still makes sense of the intuitions that support it, arguing that the differences between (...) indicative and subjunctive conditionals play a key role in solving this puzzle. (shrink)

Expressivists about epistemic modals deny that ‘Jane might be late’ canonically serves to express the speaker’s acceptance of a certain propositional content. Instead, they hold that it expresses a lack of acceptance. Prominent expressivists embrace pragmatic expressivism: the doxastic property expressed by a declarative is not helpfully identified with that sentence’s compositional semantic value. Against this, we defend semantic expressivism about epistemic modals: the semantic value of a declarative from this domain is the property of doxastic attitudes it canonically serves (...) to express. In support, we synthesize data from the critical literature on expressivism—largely reflecting interactions between modals and disjunctions—and present a semantic expressivism that readily predicts the data. This contrasts with salient competitors, including: pragmatic expressivism based on domain semantics or dynamic semantics; semantic expressivism à la Moss [2015]; and the bounded relational semantics of Mandelkern [2019]. (shrink)

According to expressivists, normative language expresses desire‐like states of mind. According to noncognitivists, normative beliefs have a desire‐like functional role. What is the relation between these two doctrines? It is widely assumed that expressivism commits you to noncognitivism, and vice versa. This paper opposes that assumption. I advance a view that combines a noncognitivist psychology with a descriptivist semantics for normative language. While this might seem like an ungainly hybrid, I argue that it has important advantages over more familiar metaethical (...) positions. The noncognitivist aspect of the theory captures all of the explanatory benefits standardly associated with expressivism. At the same time, the descriptivist element allows us to avoid the semantic headaches for expressivism. (shrink)

Philosophical Perspectives, Volume 35, Issue 1, Page 23-49, December 2021.

Belief is a familiar attitude: taking something to be the case or regarding it as true. But we are more confident in some of our beliefs than in others. For this reason, many epistemologists appeal to a second attitude, called credence, similar to a degree of confidence. This raises the question: how do belief and credence relate to each other? On a belief-first view, beliefs are more fundamental and credences are a species of beliefs, e.g. beliefs about probabilities. On a (...) credence-first view, credences are more fundamental and beliefs are a species of credence, e.g. credence above some threshold. In this thesis, I develop and defend a third view that I call belief-credence dualism. On this view, belief and credence are independent, equally fundamental attitudes, and neither reduces to the other. I begin by motivating the project: why should we care about the relationship between belief and credence? I argue it has broad implications for many debates in epistemology and beyond. Then, I defend dualism, arguing that it can explain features of our mental lives that a credence-first view and a belief-first view cannot. I also argue that dualism has attractive, interesting implications when applied to the pragmatic encroachment debate. Finally, I explore implications of dualism, both for the nature of evidence and how faith might go beyond the evidence but nonetheless be epistemically rational. I conclude that the human mind is, in some ways, complex, but we should be happy with this conclusion also long as each mental state we posit has a clear role to play. (shrink)