Many of us care about the existence of ethical facts because such facts appear crucial to making sense of our practical lives. On one tempting line of thought, this idea does more than raise the metaethical stakes: it can also play a central role in justifying our belief in those facts. In recent work, David Enoch has developed this tempting thought into a formidable new proposal in moral epistemology, that aims to explain how the deliberative indispensability of ethical facts gives (...) us epistemic justification for believing in such facts. In this paper, we argue that Enoch’s proposal fails because it conflicts with a central fact about epistemic justification: that the norms of epistemic justification have the content that they do in part because of some positive connection between those norms and the truth of the beliefs that these norms govern. We then argue that the most salient alternatives to Enoch’s attempt to defend the idea that deliberative indispensability confers epistemic justification fail for parallel reasons. We conclude that the tempting line of thought should be rejected: deliberative indispensability does not provide epistemic justification. (shrink)

This chapter discusses two different issues about the relationship between legal positivism and robust normativity (understood as the most authoritative kind of normativity to which we appeal). First, the chapter argues that, in many contexts when discussing “legal positivism” and “legal antipositivism”, the discussion should be shifted from whether legal facts are ultimately partly grounded in moral facts to whether they are ultimately partly grounded in robustly normative facts. Second, the chapter explores an important difference within the kinds of arguments (...) that legal philosophers give for the (purported) truth of legal positivism. The difference concerns whether (purportedly) robustly normative facts are appealed to as premises in those arguments or not. (A closely connected issue is whether (purportedly) normative facts that bear one or more important connections to robustly normative facts are appealed to in premises to those arguments.) The chapter argues that thinking about this dividing line helps people better situate the positivist/antipositivist dispute, better understand the space of views in legal philosophy, better evaluate those views, and avoid having merely verbal disputes. (shrink)

Imagine coming across an alternative community such that, while they have normative terms like 'ought' with the same action-guiding roles and relationships to each other, their normative terms come to pick out different properties. When we come across such a community, or even just imagine it, those of us who strive to be moral and rational want to ask something like the following: Further Question: Which set of concepts ought we use—theirs or ours? The problem, first raised by Eklund, is (...) that on almost any metasemantic theory, Further Question cannot be stated in a way that captures the spirit of what we want to ask. This is because any way of asking the question makes use of our own normative concepts, and thus their reference is already fixed on the properties that our current normative concepts refer to. Any purported solution to this problem must meet two conditions. First, it must capture the spirit of what Further Question is intuitively attempting to ask. Second, it must reframe the inquiry in a way that makes the answer neither trivial nor ineffable. In this paper, I propose a solution to this problem by appeal to edenic representation, inspired by, but not identical to, Chalmers’ notion of edenic content. The rough idea here is that representation is edenic to the extent that the representational vehicle mirrors, in quality and structure, the represented property. I argue that a reframing of Further Question in terms of edenic representation can capture the spirit of the question, without collapsing it into a question with a trivial or ineffable answer. Thus, the realist about normative properties can face the problem of the alternative normative community head on, without collapsing into incoherence or triviality. If correct, this solution is of further interest to any metanormative realist concerned with metasemantic questions, because it can tell us more about how the proper representation of the robustly normative would look. (shrink)

It is common in various quarters of philosophy to derive philosophically significant conclusions from theories of reference. In this paper, we argue that philosophers should give up on such 'arguments from reference.' Intuitions play a central role in establishing theories of reference, and recent cross-cultural work suggests that intuitions about reference vary across cultures and between individuals within a culture (Machery et al. 2004). We argue that accommodating this variation within a theory of reference undermines arguments from reference.

In this paper, I consider an argument for the claim that any satisfactory epistemology of mathematics will violate core tenets of naturalism, i.e. that mathematics cannot be naturalized. I find little reason for optimism that the argument can be effectively answered.

The advocates of moral perception claim that we can literally perceive moral properties such as goodness and badness. One of the objections to the thesis of moral perception is that since we are not able to causally interact with moral properties and these properties are causally inert, thus they do not fall into the scope of our perception. In reply, the advocates propose different solutions: 1) moral properties supervene on natural properties, 2) moral properties are secondary natural properties, and 3) (...) moral properties are non-secondary natural properties. Each of these proposals aims to attack a different premise of the objection. In this paper, I am going to propose the thesis that assuming that moral properties are grounded in natural properties, Wilsonian grounding can be a new reply to this objection. I will try to explain how Alastair Wilson’s account of grounding in addition to a grounding thesis about the relation between moral and natural properties can prevent accidence without setting moral properties aside from perceptual scope. (shrink)

Foot , Hursthouse , and Thompson , along with other philosophers, have argued for a metaethical position, the natural goodness approach, that claims moral judgments are, or are on a par with, teleological claims made in the biological sciences. Specifically, an organism’s flourishing is characterized by how well they function as specified by the species to which they belong. In this essay, I first sketch the Neo-Aristotelian natural goodness approach. Second, I argue that critics who claim that this sort of (...) approach is inconsistent with evolutionary biology due to its species essentialism are incorrect. Third, I contend that combining the natural goodness account of natural-historical judgments with our best account of natural normativity, the selected effects theory of function, leads to implausible moral judgments. This is so if selected effects function are understood in terms of evolution by natural selection, but also if they are characterized in terms of cultural evolution. Thus, I conclude that proponents of the natural goodness approach must either embrace non-naturalistic vitalism or troubling moral revisionism. (shrink)

This book is a defence of the philosophy of common sense in the spirit of Thomas Reid and G.E. Moore, drawing on the work of Aristotle, evolutionary biology and psychology, and historical studies on the origins of early modern philosophy. It defines and explores common sense beliefs, and defends them from challenges from prominent philosophers.

Can there be an objective morality without God? Derek Parfit argues that it can and offers a theory of morality that is neither theistic nor naturalistic. This book provides a critical assessment of Parfit's metaethical theory. Jakobsen identifies some problems in Parfit’s theory – problems concerning moral normativity, the ontological status of morality, and evolutionary influence on our moral beliefs – and argues that theological resources can help solve them. By showing how Parfit’s theory may be improved by the help (...) of theology, Jakobsen demonstrates the relevance of theology in philosophical and metaethical debates and argues that Christian theism offers a better explanation of morality than what Parfit’s non-naturalism does. (shrink)

Recent work by Matthew Bedke and Max Hayward develops a new attack on metaethical non-naturalists: that they are committed to an immoral state of mind, because they must be willing to change their mind about the moral importance of certain actions given possible evidence about the layout of the non-natural realm. For example, they must be willing to decrease their credence that torturing babies is bad, if they ever get evidence that torturing babies is not in the extension of a (...) non-natural property. The present paper aims to both develop the strongest version of this argument and propose a response to it. The first section argues that the strongest version of this attack does not depend on whether accepting non-naturalism commits one to believing a certain kind of conditional proposition. Rather, it depends on whether accepting non-naturalism commits one to having a certain kind of conditional credences. Moreover, the moral criticism at hand does not hinge on the causal inertness of non-natural properties. And in so far as the argument does not depend on causal inertness, the people threatened by immorality are not just non-naturalists, but metaethicists in general (Sect. 2). This is because the worry hinges instead on particular relationships of epistemic dependence between our metaethical and some of our ethical views. But it is not clear that those relationships obtain; we could adopt metaethical methodologies that preclude morally problematic dependence of relevant first order views on evidence about our metaethical theories (Sect. 3). (shrink)

This paper examines the current scholarship on Mengzi’s metaethical thoughts and reconstructs Mengzi’s view to contribute to our understanding of the relation between sensibility and the apparent o...

This paper argues against Boydian synthetic moral naturalism by way of a critical examination at metasemantic issues. I first show that the Boydian metasemantics delivers determinate but wrong reference, building on an analysis by Schroeter and Schroeter. I then propose a diagnosis which says that the problem occurs due to an overly simple way of understanding externalist metasemantics, and that a proper understanding requires us to pay heed to the higher-level constraints set by the speakers’ deferring pattern. That in turn (...) is restricted by what I call reference defeaters, which are essentially some central beliefs held by the speakers and are so called because they have the power to defeat reference of a term to certain things. Applying the notion to moral discourse, I argue that the entrenched is/ought distinction held by the ordinary speakers defeats the reference of the moral predicates to natural properties, that is, synthetic moral naturalism is not true. (shrink)

I argue that certain species of belief, such as mathematical, logical, and normative beliefs, are insulated from a form of Harman-style debunking argument whereas moral beliefs, the primary target of such arguments, are not. Harman-style arguments have been misunderstood as attempts to directly undermine our moral beliefs. They are rather best given as burden-shifting arguments, concluding that we need additional reasons to maintain our moral beliefs. If we understand them this way, then we can see why moral beliefs are vulnerable (...) to such arguments while mathematical, logical, and normative beliefs are not—the very construction of Harman-style skeptical arguments requires the truth of significant fragments of our mathematical, logical, and normative beliefs, but requires no such thing of our moral beliefs. Given this property, Harman-style skeptical arguments against logical, mathematical, and normative beliefs are self-effacing; doubting these beliefs on the basis of such arguments results in the loss of our reasons for doubt. But we can cleanly doubt the truth of morality. (shrink)

A common line of thought in contemporary metaethics is that certain facts about the evolutionary history of humans make moral realism implausible. Two of the most developed evolutionary cases against realism are found in the works of Richard Joyce and Sharon Street. In what follows, I argue that a form of moral realism that I call proper-function moral realism can meet Joyce and Street's challenges. I begin by sketching the basics of proper-function moral realism. I then present what I take (...) to be the essence of Street's and Joyce's objections, and I show how proper-function realism answers them. (shrink)

Nearly 30 years ago, Terry Horgan and Mark Timmons published a now- popular article that combines Hilary Putnam’s Twin Earth scenario with G.E. Moore’s open question argument in an effort to show that moral naturalism – the view that moral facts are at bottom ordinary, natural facts of some sort – is probably false. Responses to Horgan and Timmons’s “revised open question argument” have been legion, but surprisingly, no one has attempted to test the core assumption upon which the argument (...) is based; namely, that competent language users univocally treat natural kind-terms as rigid designators. Here, I present evidence that the intuitions of competent English speakers are not as univocal as Horgan and Timmons need them to be to ground their argument against moral naturalism. I also briefly sketch a way that the moral naturalist can respond even if competent language speakers do treat natural-kind terms in the way that Horgan and Timmons suggest. (shrink)

Nearly 30 years ago, Terry Horgan and Mark Timmons published a now- popular article that combines Hilary Putnam’s Twin Earth scenario with G.E. Moore’s open question argument in an effort to show that moral naturalism – the view that moral facts are at bottom ordinary, natural facts of some sort – is probably false. Responses to Horgan and Timmons’s “revised open question argument” have been legion, but surprisingly, no one has attempted to test the core assumption upon which the argument (...) is based; namely, that competent language users univocally treat natural kind-terms as rigid designators. Here, I present evidence that the intuitions of competent English speakers are not as univocal as Horgan and Timmons need them to be to ground their argument against moral naturalism. I also briefly sketch a way that the moral naturalist can respond even if competent language speakers do treat natural-kind terms in the way that Horgan and Timmons suggest. (shrink)

This paper examines a recent, influential argument for individualism in psychology defended by Jerry Fodor and others, what I call the argument from causal powers. I argue that this argument equivocates on the crucial notion of "causal powers", and that this equivocation constitutes a deep problem for arguments of this type. Relational and individualistic taxonomies are incompatible, and it does not seem in general to be possible to factor the former into the latter. The distinction between powers and properties plays (...) a central role in my argument. (shrink)

This paper is a critical discussion of John Dupré's recent defence of promiscuous realism in Part 1 of his The Disorder of Things: Metaphysical Foundations of the Disunity of Science. It also discusses some more general issues in the philosophy of biology and science. Dupré's chief strategy of argumentation appeals to debates within the philosophy of biology, all of which concern the nature of species. While the strategy is well motivated, I argue that Dupré's challenge to essentialist and unificationist views (...) about natural kinds is not successful. One conclusion is that an integrative conception of species is a real alternative to Dupré's pluralism. (shrink)

As emerging technologies support new ways in which people relate, ethical discourse is important to help guide designers of new technologies. This article endeavors to do just that by presenting an ethical analysis and design of technology intended to gather and act upon information on behalf of its users. The article elaborates on socio-technological factors that affect the development of technology to support ethical action. Research and practice implications are outlined.

Melis Erdur has argued that there is something morally wrong with moral realism. Moral realism promotes morally objectionable lethargy by recommending that we accept moral knowledge that could be acquired effortlessly. This is morally objectionable, because morality requires us to be reflective about moral truths. I argue that the moral realist need not be worried, because if reflection about morality is a genuine value, the realist can accept this: moral realism entails no prescriptions about how one morally ought to acquire (...) moral knowledge. It is merely a metaphysical thesis about the ontological status of moral truthmakers. If we ought to be reflective, moral realism can accept this. Moreover, Erdur’s argument generalizes to moral anti-realism, so the moral realist in particular has nothing to worry about. (shrink)

Wendy Donner'sThe Liberal Self: John Stuart Mill's Moral and Political Philosophyis an important and thought-provoking addition to the growing body of literature seeking to rescue Mill's practical philosophy from the rather lowly place it occupied in the estimation of many philosophers earlier this century, and to present him as a philosopher whose views form a coherent, systematic whole that can still contribute significantly to numerous moral and political debates. The book proposes an interpretation of the whole of Mill's practical philosophy, (...) and attempts to reveal how aspects of Mill's thought, hitherto considered incompatible, actually mutually support one another. At the same time, Donner sets many of Mill's positions in the context of contemporary moral and political philosophical debates, and finds that on a number of important issues, his thought stands up rather well against more recent work. (shrink)

Many writers have held that in his later work, David Lewis adopted a theory of predicate meaning such that the meaning of a predicate is the most natural property that is (mostly) consistent with the way the predicate is used. That orthodox interpretation is shared by both supporters and critics of Lewis's theory of meaning, but it has recently been strongly criticised by Wolfgang Schwarz. In this paper, I accept many of Schwarze's criticisms of the orthodox interpretation, and add some (...) more. But I also argue that the orthodox interpretation has a grain of truth in it, and seeing that helps us appreciate the strength of Lewis's late theory of meaning. (shrink)

Despite its many advantages as a metaethical theory, moral expressivism faces difficulties as a semantic theory of the meaning of moral claims, an issue underscored by the notorious Frege-Geach problem. I consider a distinct metaethical view, inferentialism, which like expressivism rejects a representational account of meaning, but unlike expressivism explains meaning in terms of inferential role instead of expressive function. Drawing on Michael Williams’ recent work on inferential theories of meaning, I argue that an appropriate understanding of the pragmatic role (...) of moral discourse—the facilitation of coordinated social behavior—suggests the kind of inferences we should expect terms with this function to license. I offer a sketch of the inferential roles the moral ‘ought’ plays, and argue that if we accept that the relevant inferential roles are meaning-constitutive, we will be in a position to solve the Frege-Geach problem. Such an inferentialist solution has advantages over those forwarded by expressivists such as Blackburn and Gibbard. First, it offers a more straightforward explanation of the meaning of moral terms. It also gives simple answers to at least two semantic worries that have vexed contemporary expressivists—the “problem of permissions” and the commitment to “mentalism”, both of which I argue are problems that don’t get traction with an inferentialist approach. I conclude by considering ways in which this approach can be expanded into a more robust semantic account. (shrink)

People occasionally change their moral beliefs and principles, and they may experience such changes as occurring independently of their wishes. Moral realists argue that this phenomenon of moral conversion is evidence for moral realism, and against noncognitivism. However, contemporary noncognitivists can acknowledge such changes--including changes "against our wills"--and can account for the changes in a simpler and more plausible manner. If moral realism posits real moral facts to account for moral conversion the result will be an extreme and untenable inflation (...) of moral realist ontology. (shrink)

[This paper is available as open access from the publisher.]The conventional wisdom in ethics is that pure moral laws are at least metaphysically necessary. By contrast, Moral Contingentism holds that pure moral laws are metaphysically contingent. This paper raises a normative objection to Moral Contingentism: it is worse equipped than Moral Necessitarianism to account for the normative standing or authority of the pure moral laws to govern the lives of the agents to whom they apply. Since morality is widely taken (...) to have such a standing, failing to account for it would be a significant problem. The objection also shows that the debate about the modal status of moral principles isn’t a debate solely within modal metaphysics, but has implications for topics in moral philosophy. (shrink)

This paper offers a simple response to the Moral Twin Earth (MTE) objection to Naturalist Moral Realism (NMR). NMR typically relies on an externalist metasemantics such as a causal theory of reference. The MTE objection is that such a theory predicts that terms like ‘good’ and ‘right’ have a different reference in certain twin communities where it’s intuitively clear that the twins are talking about the same thing when using ‘good’. I argue that Boyd’s causal regulation theory, the original target (...) of the MTE objection, was never vulnerable to this objection. The theory contains an epistemic constraint on reference which implies that either the property that causally regulates uses of ‘good’ isn’t different for the twin communities or, in scenarios where the reference is different, the communities diverge in ways where it’s not intuitively clear that ‘good’ has the same reference for them. (shrink)

ABSTRACT Moral Naturalism is the view that moral judgments aim at describing moral facts and that these are ordinary garden-variety natural facts. Moral Naturalism has trouble accounting for the intuition that we cannot outsource moral judgments, i.e., we cannot ground a moral conviction that p on the fact that a reliable moral adviser holds that p. There have been, however, several attempts to explain this intuition away or to discredit the intuition pumps that bring it forward. I argue that moral (...) naturalists are not in a position to deny this intuition. Moral Naturalism embodies a conception of the minimal conditions for someone to qualify as capable of making moral judgments; among these conditions is the acknowledgment of the supervenience of the moral on the non-moral; given the naturalist's conception of what it takes for someone to be capable of moral judgment, if we allow agents to outsource their moral judgments we come to situations in which the convictions of moral agents do not comply with the acknowledgment of moral supervenience. The naturalist must, therefore, deny the possibility of moral outsourcing. Moral Naturalism, then, faces the problem of making sense of the ban on moral outsourcing. (shrink)

In order to rebut G. E. Moore’s open question argument, ethical naturalists adopt a theory of direct reference for our moral terms. T. Horgan and M. Timmons have argued that this theory cannot be applied to moral terms, on the ground that it clashes with competent speakers’ linguistic intuitions. While Putnam’s Twin Earth thought experiment shows that our linguistic intuitions confirm the theory of direct reference, as applied to ‘water’, Horgan and Timmons devise a parallel thought experiment about moral terms, (...) in order to show that this theory runs against our linguistic intuitions about such terms. My claim is that the Horgan–Timmons argument does not work. I concede that their thought experiment is a good way to test the applicability of the theory of direct reference to moral terms, and argue that the upshot of their experiment is not what they claim it is: our linguistic intuitions about Moral Twin Earth are parallel to, not different from, our intuitions about Twin Earth. (shrink)

Assume consequentialism and assume moral properties are causally efficacious. Then, I’ll argue, a puzzle arises. These assumptions lead to denying each of two plausible metaphysical principles: that a cause cannot cause anything occurring before its ground and that a cause cannot cause anything belonging to its ground. We therefore have to reject either consequentialism or the causal efficacy of moral properties or the plausible metaphysical principles. And, I’ll show, the puzzle arises again even if we replace moral properties with the (...) non-moral properties making things right. Which component to reject is a question for another occasion: my aim here is to present the puzzle. It is a puzzle worth thinking about: no matter how we solve it, we stand to learn something, be it in normative ethics, metaethics, or metaphysics. And, I’ll suggest at the end of the paper, my arguments can be applied to other domains as well. (shrink)

G.E. Moore’s open question arguments have been targeted by unsympathetic philosophers for close to a century. Perhaps the most serious criticism directed towards Moore’s OQAs is that they be...

§13 of Principia Ethica contains G. E. Moore’s most famous open question arguments. Several of Moore’s contemporaries defended various forms of metaethical nonnaturalism—a doctrine Moore himself endorsed—by appeal to OQAs. Some contemporary cognitivists embrace the force of Moore’s OQAs against metaethical naturalism. And those who posit noncognitivist meaning components of ethical terms have traditionally used OQAs to fuel their own emotivist, prescriptivist, and expressivist metaethical programs. Despite this influence, Moore’s OQAs have been ridiculed in recent decades. Their deployment has been (...) labeled “accident prone,” “simple to dismiss,” and just plain invalid. Critics accuse Moore of begging the question. Others argue that his OQAs founder upon the paradox of analysis. And still others argue that Moore’s open question argumentation is incompatible with the Kripke–Putnam causal theory of reference and thus it “simply fails; it is bankrupt”. I aim to show that there is something of continuing value in Moore’s open question efforts. I present and criticize Nicholas Sturgeon’s influential interpretation of Moore’s OQAs as a means to motivate and explicate my own interpretation of Moore’s thoughts in §13 of Principia Ethica. I then articulate the role that OQAs are intended to play in Moore’s overall argumentative strategies to undermine metaethical naturalism and thereby provide some theoretical support for metaethical nonnaturalism. Finally, I attend to the most prominent objections to Moore’s theorizing and attempt to evaluate the extent to which Moore’s efforts are successful. My hope is to display both the promising portions of Moore’s metaethical argumentation in Principia Ethica as well as its limitations. (shrink)

Services of ethics committees are nowadays commonly used in such various spheres of life as health care, public administration, business, law, engineering, and scientific research. It is taken that as their members have expertise in ethics, these committees can have valuable contributions to make in solving practical moral problems. It has, however, also been maintained that it is simply absurd to claim that one has some special knowledge and skills in moral matters; in connection with moral questions there is no (...) expertise to be had. In this paper, I assess this criticism of the use of ethics committees and ethics consultants. I argue that there is no sufficient reason to reject the possibility of ethical expertise. (shrink)

Services of ethics committees are nowadays commonly used in such various spheres of life as health care, public administration, business, law, engineering, and scientific research. It is taken that as their members have expertise in ethics, these committees can have valuable contributions to make in solving practical moral problems. It has, however, also been maintained that it is simply absurd to claim that one has some special knowledge and skills in moral matters; in connection with moral questions there is no (...) expertise to be had. In this paper, I assess this criticism of the use of ethics committees and ethics consultants. I argue that there is no sufficient reason to reject the possibility of ethical expertise. (shrink)

A fully developed sophisticated response-dependent account would fill in specifications for B (the beings) and C (the conditions), would probably replace the reference to disapproval with a reference to a more complex response, and might involve a more complex scheme.[ii] For simplicity, however, I shall focus my argument on the above simple scheme of moral wrongness, since added complexities will be irrelevant to my argument.

According to the Argument from Disagreement (AD) widespread and persistent disagreement on ethical issues indicates that our moral opinions are not influenced by moral facts, either because there are no such facts or because there are such facts but they fail to influence our moral opinions. In an innovative paper, Gustafsson and Peterson (Synthese, published online 16 October, 2010) study the argument by means of computer simulation of opinion dynamics, relying on the well-known model of Hegselmann and Krause (J Artif (...) Soc Soc Simul 5(3):1–33, 2002; J Artif Soc Soc Simul 9(3):1–28, 2006). Their simulations indicate that if our moral opinions were influenced at least slightly by moral facts, we would quickly have reached consensus, even if our moral opinions were also affected by additional factors such as false authorities, external political shifts and random processes. Gustafsson and Peterson conclude that since no such consensus has been reached in real life, the simulation gives us increased reason to take seriously the AD. Our main claim in this paper is that these results are not as robust as Gustafsson and Peterson seem to think they are. If we run similar simulations in the alternative Laputa simulation environment developed by Angere and Olsson (Angere, Synthese, forthcoming and Olsson, Episteme 8(2):127–143, 2011) considerably less support for the AD is forthcoming. (shrink)

According to Cornell moral realists, we can know about moral facts in much the same way that we do the empirical facts of the natural sciences. In “Can Cornell Moral Realism Adequately Account for Moral Knowledge?” (2012), I argue that this positive comparison to scientific knowledge hurts, rather than helps, the moral realist position. Joseph Long has recently defended Cornell moral realism against my concerns. In this article, I respond to Long's arguments and clarify important issues in the present debate.

This article raises a problem for Cornell varieties of moral realism. According to Cornell moral realists, we can know about moral facts just as we do the empirical facts of the natural sciences. If this is so, it would remove any special mystery that is supposed to attach to our knowledge of objective moral facts. After clarifying the ways in which moral knowledge is to be similar to scientific knowledge, I claim that the analogy fails, but for little-noticed reasons. A (...) preliminary conclusion of the article will be that this positive comparison to scientific knowledge hurts, rather than helps, the realist position. Yet, rather than spell trouble for moral realism altogether, I suggest that the apparent failure of Cornell realist moral epistemology points to a better way forward for moral realism. (shrink)

‘Internalism’ is used in metaethics for a cluster of claims which bear a family resemblance. They tend to link, in some distinctive way—typically modal, mereological, or causal—different parts of the normative realm, or the normative and the psychological. The thesis of this paper is that much metaethical mischief has resulted from philosophers’ neglect of the distinction between two different features of such claims. The first is the modality of the entire claim. The second is the relation between the items specified (...) in the claim. In part one I explain this distinction and the problems neglecting it may cause. In part two I show that it has been neglected, and has caused those problems, at least with respect to one version of internalism. That is judgment internalism, which claims that moral beliefs are necessarily related to pro- or con-attitudes; e.g., that if you believe you ought to x you must have some motivation to x. The considerations standardly adduced in favor of judgment internalism support only a version which lacks the metaethical implications typically attributed to it, at least so far as anyone has shown. Proponents and opponents of judgment internalism fail to realize this because of their neglect of the modality/relation distinction. I illustrate by considering discussions of judgment internalism by Russ Shafer-Landau, Simon Blackburn, James Dreier, David Brink, and others. (shrink)

The nature of the relation between jurisprudential theories and first-order legal judgments is a strangely uncontroversial matter in contemporary legal philosophy. There is one dominant conception of the relation according to which jurisprudential theories are second-order or meta-legal theories that specify the ultimate grounds of first-order legal judgments. According to this conception, difficult first-order legal disputes are to be resolved by jurisprudential theorizing. According to an alternative conception that Ronald Dworkin has influentially advocated, jurisprudential theories are not second-order theories about (...) the nature of law, but instead covert first-order legal theories. These two conceptions of the relation between jurisprudential theories and first-order legal judgments dominate the contemporary legal philosophical scene and crowd out other possible conceptions. This article scrutinizes the two conceptions, and in the process raises the possibility of a different and arguably more credible conception. According to this new conception, our first-order legal views and a jurisprudential theory that we accept are supposed to form a mutually disciplining and supporting set of views that we accept in our pursuit of the epistemic ideal of wide reflective equilibrium. The two sets of views are supposed to constrain and discipline each other; but neither is meant to underwrite, certify, or ultimately determine the contents of the other. This new conception, which allows the relation between jurisprudential theories and first-order legal judgments to be much looser, untidier, and more complex than what the two dominant conceptions imply, should facilitate progress in legal philosophy and in first-order legal thinking. (shrink)