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)

Metaethics is traditionally understood as a non-moral discipline that examines moral judgements from a standpoint outside of ethics. This orthodox understanding has recently come under pressure from anti-Archimedeans, such as Ronald Dworkin and Matthew Kramer, who proclaim that rather than assessing morality from an external perspective, metaethical theses are themselves substantive moral claims. In this paper, I scrutinise this anti-Archimedean challenge as applied to the metaethical position of expressivism. More precisely, I examine the claim that expressivists do not avoid moral (...) commitments when accounting for moral thought, but instead presuppose them; they do not look at ethics from the outside, but operate from within ethics. This paper defends the non-moral status of expressivism against anti-Archimedeanism by rejecting a new anti-Archimedean challenge which, on the basis of Hume’s Law, aims to exploit expressivist explanations of supervenience in order to show that expressivism is a substantive moral position. (shrink)

Metaethical expressivism faces the perennial objection that its commitment to non‐cognitivism about moral judgment renders the view revisionary of our ordinary moral thought. The standard response to this objection is to say that since the expressivist's theoretical commitments about the nature of moral judgment are independent of normative ethics, the view cannot be revisionary of normative ethics. This essay seeks to evaluate the standard response by exploring several senses of independence that expressivism might enjoy from normative ethics. I develop a (...) taxonomy on which, at least by the expressivist's own lights, normative ethics is not dependent on non‐cognitivism about moral judgment in a way that might render that claim itself normative ethical. The argument will require us to formulate a theory of moral subject matter according to the expressivist, a matter of independent interest. Although this discussion will essentially vindicate the standard response to the perennial objection, it will also highlight a major limitation thereof. This is that even for the expressivist, the taxonomic independence of non‐cognitivism about moral judgment from normative ethics does not guarantee its moral independence from normative ethics; that is, showing that non‐cognitivism about moral judgment is not a moral claim is not itself to show that it is not a morally relevant claim. I conclude by arguing that the question of moral dependence, usually discussed under the heading of objectivity, is ultimately first‐order moral rather than taxonomic, and so can only be resolved on first‐order moral grounds. (shrink)

This article is concerned with the interconnection between three arguments: the Moral Explanatory Dispensability Argument, the Epistemic Explanatory Dispensability Argument, and the Companions in Guilt Argument. Silvan Wittwer has recently argued that the Epistemic EDA is self-effacing, whereas the Moral EDA is not. This difference between them is then leveraged by Wittwer to establish that there is a significant disparity between these arguments and that this disparity undermines attempts to use the CGA as a means of refuting the Moral EDA. (...) After explaining the connections between these arguments, I provide three different responses to Wittwer’s analysis. First, I develop a plausible case in favor of the conclusion that the Moral EDA is also self-effacing. Second, I defend the Epistemic EDA from the charge of self-effacement and respond to Wittwer’s assertion that my preferred method of escaping his argument is dialectically inappropriate. Finally, I explain how some arguments recently articulated by Richard Rowland and Ramon Das support my objections to Wittwer’s self-effacement argument. (shrink)

Ronald Dworkin famously argued that many putatively nonmoral metaethical theories can only be understood as being internal to the moral domain. If correct, this position, referred to as anti-archimedeanism, has profound implications for the methodology of metaethics. This is particularly true for skeptical metaethical theories. This article defends a version of anti-archimedeanism that is true to the spirit rather than the letter of Dworkin's original thesis from several recent objections. First, it addresses Kenneth Ehrenberg's recent attempt to demonstrate how certain (...) metaethical theories can be understood in a morally neutral manner. It then discusses Charles Pigden's claim that Dworkin begs the question against error theorists and nihilists by assuming a conceptual space that error theorists and nihilists would reject. It concludes that the anti-archimedean methodology originally proposed by Dworkin is defensible, and can be used to support a robust form of moral realism. (shrink)

The main guiding assumption of this paper is that there is need for a taxonomy of ethical sentences that does not overgenerate, yet can make useful contributions to debates about certain controversial sentences . After surveying the recent literature and concluding that no extant taxonomy that satisfies both of these conditions is available to us, I propose and explain a novel taxonomy which does satisfy them. I then defend my proposal from five potential objections.

Moral realism and some of its constitutive theses, e.g., cognitivism, face the following challenge. If they are true, then it seems that we should predict that deference to moral testimony is appropriate under the same conditions as deference to non-moral testimony. Yet, many philosophers intuit that deference to moral testimony is not appropriate, even in otherwise ordinary conditions. In this paper I show that the challenge is cogent only if the appropriateness in question is disambiguated in a particular way. To (...) count against realism and its constitutive theses, moral deference must fail to be appropriate in specifically the way that the theses predict it is appropriate. I argue that this is not the case. In brief, I argue that realism and allied theses predict only that deference to moral testimony is epistemically appropriate, but that the intuitive data plausibly show only that it is not morally appropriate. If I am right, then there is reason to doubt the metaethical relevance of much of the skepticism regarding moral deference in recent literature. (shrink)

The term Responsible Research and Innovation has recently gained currency, as it has been designated to be a key-term in the European research framework Horizon 2020. At the level of European research policy, Responsible Research and Innovation can be viewed as an attempt to reach a broader vision of research and innovation as a public good. The current academic debate may be fairly enriched by considering the role that phronesis may have for RRI. Specifically, in this paper we argue that (...) the current debate might be fruitfully enriched by making a categorial shift. Such a categorial shift involves moving away from the temptation to interpret responsible research and innovation in a technocratic way towards a more pluralistic vision that is rooted in the idea of phronesis. In the present context phronesis points the attention to the cultivation and nurturement of the researcher’s formation as a type of engagement with the actual practice of researching, a practice in which researchers are called to apply judgment and exercise discretion in specific and often unique situations without the re-assuring viewpoint of the technician. (shrink)

It is not clear to what the projects of creating an artificial intelligence (AI) that does ethics, is moral, or makes moral judgments amounts. In this paper we discuss some of the extant metaethical theories and debates in moral philosophy by which such projects should be informed, specifically focusing on the project of creating an AI that makes moral judgments. We argue that the scope and aims of that project depend a great deal on antecedent metaethical commitments. Metaethics, therefore, plays (...) the role of an Archimedean fulcrum in this context, very much like the Archimedean role that it is often taken to take in context of normative ethics (Dworkin 1996; Dreier 2002; Fantl 2006; Ehrenberg 2008). (shrink)