What does it take for lawyers and others to think or talk about the same legal topic—e.g., defamation, culpability? We argue that people are able to think or talk about the same topic not when they possess a matching substantive understanding of the topic, as traditional metasemantics says, but instead when their thoughts or utterances are related to each other in certain ways. And what determines the content of thoughts and utterances is what would best serve the core purposes of (...) the representational practice within which the thought or utterance is located. In thus favoring a “relational model” in metasemantics, we share Ronald Dworkin's goal of explaining fundamental legal disagreements, and also his reliance on constructive interpretation. But what we delineate is a far more general and explanatorily resourceful metasemantics than what Dworkin articulated, which also bypasses some controversial implications for the nature of law that Dworkin alleged. (shrink)

An argument for the eponymous conclusion is given through a series of hypothetical syllogisms, the most basic of which is as follows: morality is necessary for self-respect; self-respect is necessary for happiness; therefore, morality is necessary for happiness. Some of the most obvious objections are entertained and rejected.

Nobody's going to object to the advice "Do the right thing", but that doesn't mean everyone's always going to follow it. Sometimes this is because of our volitional limitations; we cannot always bring ourselves to make the sacrifices that right action requires. But sometimes this is because of our cognitive limitations; we cannot always be sure of what is right. Sometimes we can't be sure of what's right because we don't know the non-normative facts. But sometimes, even if we were (...) to know all of the non-normative facts, we'd still not be sure about what's right, because we're uncertain about the normative reasons those facts give us. In this dissertation, I attempt to answer the question of what we're to do when we must act under fundamentally normative uncertainty. It's tempting to think that, in such circumstances, we should do what we regard as most probably right. I argue that this view is mistaken, for it is insensitive to how degrees of actions' values compare across different normative hypotheses; if an action is probably right, but, if wrong, is terribly, terribly, wrong, it may be rational not to do that action. A better answer is that we should do the action with the highest expected value. I spend the first part of the dissertation providing arguments for and rebutting arguments against this view of action under normative uncertainty. I spend the next part of the dissertation explaining what degrees of value are, and showing how they can be compared across normative hypotheses. In the remaining parts of the dissertation, I consider two questions related to our primary question -- first, what is one required, or obligated, to do under normative uncertainty; and second, what is it rational for one to do when one is not only normatively uncertain in the way we've been discussing, but also uncertain about what it is rational to do under this sort of normative uncertainty. (shrink)

Moral discourse allows for speakers to disagree in many ways: about right and wrong acts, about moral theory, about the rational and conative significance of moral failings. Yet speakers’ eccentricities do not prevent them from engaging in moral conversation or from having (genuine, not equivocal) moral disagreement. Thus differences between speakers are compatible with possession of moral concepts. This paper examines various kinds of moral disagreements and argues that they provide evidence against conceptual-role and informational atomist approaches to understanding our (...) moral concepts. Conceptual role approaches fail because they cannot account for shared concepts among speakers with different commitments to the practical and conative ramifications of moral judgments. Informational atomist views fail because speakers need not be locked on to the same moral properties to share moral concepts. (shrink)

Religions don’t simply make claims about the world; they also offer existential resources, resources for dealing with basic human problems, such as the need for meaning, love, identity, and personal growth. For instance, a Buddhist’s resources for addressing these existential needs are different than a Christian’s. Now, imagine someone who is agnostic but who is deciding whether to put faith in religion A or religion B. Suppose she thinks A and B are evidentially on par, but she regards A as (...) offering much more by way of existential resources. Is it epistemically rational for her to put her faith in A rather than B on this basis? It is natural to answer No. After all, what do the existential resources of a religion have to do with its truth? However, I argue that this attitude is mistaken. My thesis is that the extent to which it is good for a certain religion to be true is relevant to the epistemic rationality of faith in that religion. This is plausible, I’ll argue, on the correct account of the nature of faith, including the ways that emotion and desire can figure into faith and contribute to its epistemic rationality. (shrink)

In this thesis, I will explore the epistemological evolutionary debunking arguments in meta-ethics. I will defend these arguments by accomplishing two tasks: I will offer the best way to understand the EDA and I will also respond to two strongest objections to the EDA. Firstly, in Part I of this thesis, I will offer my account of how the EDA should be best formulated. I will start from how evolution has significantly influenced our moral beliefs. I will then explain why, (...) due to their evolutionary origin, our moral beliefs are not tracking the moral truth reliably. Furthermore, I will argue that the fact that our moral beliefs are not tracking the moral truth also provides an undercutting and a higher-order defeater for those beliefs. As a result, I will conclude that the epistemic status of our moral beliefs is undermined because of these two kinds of defeaters. Secondly, in Part II of this thesis, I will turn my attention to the two strongest objections to the EDA – the Conceptual Truth Objection and the Third Factor Objection. I will first offer two responses to the Conceptual Truth Objection and, based on these two responses, I will argue that the Conceptual Truth Objection fails as a challenge to the EDA. I will then also argue that there currently doesn’t exist an acceptable version of the Third Factor Objection and it is also unlikely that such a version could be constructed in the future. I will finally conclude that both objections are problematic and they are thus unable to give us reason to doubt the EDA. (shrink)

The options that people face are rarely ideal: they are good in some ways and poor in others. People have problems choosing among such options because they don’t know which ends to favor. Multiple objectives pose a problem not only for decision makers, but also for our account of decision making. People act to achieve their ends given their beliefs. In order to handle decisions with multiple objectives, however, this story must be supplemented by an account of which ends are (...) implicated in which decisions (e.g., do individual goals guide particular choices? do different ends jointly pick out courses of action?). Unfortunately, such an account is lacking. As a result, there is a gap (at least) in our most basic account of human behavior. In this paper I explore that gap and examine some proposals for closing it. (shrink)

In this essay both the facts/values and facticity/normativity divides are considered from the perspective of global semiotics and with specific regard to the relationships between legal meaning and spatial scope of law’s experience. Through an examination of the inner and genetic projective significance of categorization, I will analyze the semantic dynamics of the descriptive parts comprising legal sentences in order to show the intermingling of factual and axiological/teleological categorizations in the unfolding of legal experience. Subsequently, I will emphasize the translational (...) and enactive cognitive disposition underlying the construction of the second premise of the so-called judiciary syllogism and thereby the untenability of the idea that ‘law makes its facts.’ Hence, I will try to bring to the fore the cultural pre-assumptions encapsulated in the positivistic and therefore also formalistic or analytical approaches to legal experience and the loss of their inner consistency when legal experience confronts the phases and major changes of global semiotics. Finally, I will strive to relativize the opposition between the positivist and non-positivistic theories of law in view of an understanding of legal experience focused not only, or at least not primarily, on what ‘law is’ but also on ‘how’ it unwinds through, and _in spite of_, environmental and semantic transformations. (shrink)

In a series of influential essays, Sharon Street has argued, on the basis of Darwinian considerations, that normative realism leads to skepticism about moral knowledge. I argue that if we begin with the account of moral knowledge provided by Aristotelian naturalism, then we can offer a satisfactory realist response to Street’s argument, and that Aristotelian naturalism can avoid challenges facing other realist responses. I first explain Street’s evolutionary argument and three of the most prominent realist responses, and I identify challenges (...) to each of those responses. I then develop an Aristotelian response to Street. My core claim is this: Given Aristotelian naturalism’s account of moral truth and our knowledge of it, we can accept the influence of evolutionary processes on our moral beliefs, while also providing a principled, non-question-begging reason for thinking that those basic evaluative tendencies that evolution has left us with will push us toward, rather than away from, realist moral truths, so that our reliably getting things right does not require an unexplained and implausible coincidence. (shrink)

Justice for children meets specific obstacles when it comes to its realization due not only to the nature of rights and the peculiarities of children as subjects of rights. The conflict of interests between short-term and long-term aims, and the different interpretations a state can do on the question concerning how to materialize social rights policies and how to interpret its commitments on social justice play also a role. Starting by the question on why the affluent states do not seem (...) to be motivated enough to fully assume those duties of justice toward children —derived form recognizing children’s rights—, this article aims to explore and shed light on what psychology of motivation and moral psychology, and positive approaches could offer in relation to political and ethical challenges toward childhood. Hence this article advocates for the modification and enrichment of the philosophical discourse on children’s rights with what psychology has proved to have a more efficient impact in agents’ action and motivation. In doing so, practical philosophy could improve its role helping understand and eventually surpassing some akratic tendencies in the public sphere with respect to children’s rights. (shrink)

The two dogmas at issue are the Humean dogma that “‘is’ statements do not imply ‘ought’ statements” and the Kantian dogma that “‘ought’ statements imply ‘can’” statements. The extant literature concludes these logically contradict each other. On the contrary, it is argued here that while there is no derivable formal contradiction, the juxtaposition of the dogmas manifests a philosophical disagreement over how to understand the logic of prescriptions. This disagreement bears on how to understand current metaethical debate between realists and (...) non-realists about morality in a way not heretofore investigated. The conclusion is that realists have the resources to account for both dogmas, while non-realists, if they strictly adhere to the “is”/“ought” gap, cannot give an adequate account of why “ought” implies “can”. (shrink)

In the concluding lines of Part Three of The Claim of Reason, Stanley Cavell writes: ‘If the moralist is the human being who best grasps the human position, teaches us what our human position is, better than we know, in ways we cannot escape but through distraction and muddle, then our first task in subjecting ourselves to judgment is to tell the moralist from the moralizer’. Cavell then proceeds to characterize the moralizer as one who is ‘speaking in the name (...) of a position one does not occupy, confronting others in positions of which one will not imagine the acknowledgement’. Beginning with an exposition of Cavell’s notion of ‘moral position’, I will offer an interpretation of the distinction he draws between the moralist and the moralizer; I will then explain how the moral philosopher’s use of morally significant words may come to resemble the moralizer’s; and then I will argue that contemporary English-speaking moral philosophy as represented by the recent debates concerning ‘moral testimony’, or ‘moral deference’, has been failing its moralist aspirations, and that, by Cavell’s lights, the morality reflected in those debates is, in essence, that of the moralizer. (shrink)

At the heart of my pragmatic theory of truth and ontology is a view of the relation between language and reality which I term internal justification: a way of explaining how sentences may have truth-values which we cannot discover without invoking the need for the mystery of a correspondence relation. The epistemology upon which the theory depend~ is fallibilist and holistic ; places heavy reliance on modal idioms ; and leads to the conclusion that current versions of realism and anti-realism (...) are deficient. Just as my theory avoids the need for an epistemic 'given', it avoids the need for a metaphysical 'given' or 'joints'. I offer a view of the nature of philosophy and what it can properly achieve with respect to ontological questions ; since those views lead me to believe that philosophical discussion about what exists should be restricted to 'entities' discussed in non-philosophical contexts, my views on how we should understand claims made about the existence of middle-sized physical objects, theoretical entities in science, and abstract entities in mathematics, give the thesis a schematic completeness. My theory leads me to a conception of inquiry which defends the cognitive status of moral statements whilst being critical of Kantian and utilitarian approaches to morality. Chapter 1 explores the views of my closest philosophical allies: William James and Nelson Goodman. (shrink)