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)

Robust Realists think that there are irreducible, non-natural, and mind-independent moral properties. Quasi-Realists and Relaxed Realists think the same, but interpret these commitments differently. Robust Realists interpret them as metaphysical commitments, to be defended by metaphysical argument. Quasi-Realists and Relaxed Realists say that they can only be interpreted as moral commitments. These theories thus pose a serious threat to Robust Realism, for they apparently undermine the very possibility of articulating the robust metaphysical commitments of this theory. I clarify and respond (...) to this threat, showing that there is in fact space to develop and defend a robust moral ontology. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

This paper is divided into two parts. In the first one I distinguish between weak and strong Anti-Archimedeanisms, the latter being the view that metaethics, just as any other discipline attempting to work out a second-order conceptual, metaphysical non-committed discourse about the first-order discourse composing normative practices, is conceptually impossible or otherwise incoherent. I deal in particular with Ronald Dworkin’s famous exposition of the view. I argue that strong Anti-Archimedeanism constitutes an untenable philosophical stance, therefore making logical space for the (...) practice of a discipline such as metaethics—conceived as ethically neutral. This makes space, concurrently, for neutral conceptual jurisprudence. In the second part of the article, I attempt to show two things. On the one hand, that Dworkin’s widely discussed ‘challenge of disagreements’ to legal positivism is founded upon strong Anti-Archimedeanism. On the other hand, that having rejected strong Anti-Archimedeanism we should consequently reject the challenge as a serious challenge to positivism. This move, of course, does not thereby imply that accounting for legal disagreements is not an important jurisprudential task. But it marks—contra Dworkin—that there is no principled or a priori impossibility of doing so within a positivist framework. (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.