I suggest a new role for authority and interest in the theory of right: Rights can be explicated as sets of prohibitions, permissions and commands, and they must be justified by interests. I argue as follows: (1) The two dominant theories of right—“Will Theory” and “Interest Theory”—have certain standard problems. (2) These problems are systematic: Will Theory’s criterion of the ability to enforce a duty is either false or empty outside of its original legal context, whereas Interest Theory includes in (...) the definition of a right what actually belongs to the justification of the practice within which that right is assigned. (3) I recast the connection between authority, interests and rights in a way that avoids each theory’s standard problem. (4) The resulting theory also has three further advantages: It analyzes rights in terms of very basic and familiar concepts; it mirrors the understanding of rights in actual public discourse, and it is compatible with a wide selection of moral theories. Since its core is about a specific use of modal auxiliary verbs, I call this new theory the “Modal Theory of Right.”. (shrink)

To promise someone to do something is to commit oneself to that person to do that thing, but what does that commitment consist of? Some think a promissory commitment is an obligation to do what’s promised, and that while promising practices facilitate the creation of promissory obligations, they are not essential to them. I favor the broadly Humean view in which, when it comes to promises (and so promissory obligations), practices are of the essence. I propose the Practice Reason Account (...) of promises, according to which a promise is basically to give oneself a self-interested practice reason to do what’s promised. One achieves this feat by invoking self-enforcing independent practice rules thanks to which one’s doing what’s promised preserves one’s promissory trust(worthiness) and promising power. However, nothing in this account supports the Hume-Rawls claim that promise-keeping or promise-breaking is right just when and because it conforms to practice rules that are justified by their good- or right-making properties. (shrink)

It is now popular to think that promissory obligation is grounded in an invitation to trust. I object that there are important differences between invitations and promises; appealing to trust faces one of the main problems alleged to face appealing to expectations; and whatever puzzles afflict promissory obligation afflict the obligation not to renege on one’s invitations.

This paper introduces the Special Issue: ‘The Roots of Normativity. Developmental, Comparative and Conceptual issues’. The contributions collected in this volume aim to present a picture of contemporary accounts of normativity that integrate philosophy and developmental and comparative psychology and purport to provide the reader with new insights regarding a classical debate about what makes us human: being governed by norms and being able to orient ourselves in the light of them. This introduction presents a broad picture of the issues (...) at the heart of traditional discussions on normativity and lays out a set of conditions which a proper account of normativity should meet. In so doing the main common themes that unify these papers are brought to the fore. In particular, all of them share the idea that human-specific norms are themselves social. Once questions concerning the evolution of normative capacities and their development are considered, however, they pose - so it is argued - specific challenges to an account of normativity. While the traditional approaches fail to face such challenges, it is the main aim of the papers in this Special Issue to meet them. In concluding, a brief overview of each paper is provided. (shrink)

The conventional wisdom regarding the aims and shortcomings of Kantian constructivism is mistaken. The aim of metaethical constructivism is not to provide a naturalistic account of the objectivity of normative facts by deriving substantive morality from a conception of agency so thin as to be uncontroversial (a task at which it is generally regarded to have failed). Its aim is to explain the “grip” that normative facts have on us—to avoid what I call the problem of normative alienation. So understood, (...) Kantian constructivism faces two problems: that determinate normative facts cannot be derived from agency and that its individualistic conception of agency cannot account for the sociality of morality. I propose and elaborate a social conception of agency that is better able to address the latter problem while still avoiding normative alienation, and evaluate two different strategies for responding to the former problem. (shrink)

Much controversy has emerged on the demarcation between legal positivism and non-legal positivism with some authors calling for a ban on the -as they see it- nonsensical labelling of legal philosophical debates. We agree with these critics; simplistic labelling cannot replace the work of sophisticated and sound argumentation. In this paper we do not use the term ‘legal positivism’ as a simplistic label but identify a specific position which we consider to be the most appealing and plausible view on legal (...) positivism. This is the view advocated by Gardner in his paper 'Legal Positivism: 5½ Myths’, where he carefully scrutinises the most convincing and unifying postulates of legal positivism, which he calls “the thin view”. The study shows that this thin view presupposes an empirical conception of action that is untenable and implausible since it makes acts of engagement with the law unintelligible to an observer of such acts. (shrink)

The essay represents teaching as the coming to be of the human individual. In order to do so, it reflects on the character of human life by which it is knowledge of itself. Being knowledge of itself, human life is self-determining or free. Therefore generality and particularity come together in the human being in a distinctive way: a human being is not an exemplar, instance or specimen of a species, nature or life-form. Rather, she is her own principle. This is (...) captured in the idea of the human being as an individual. The essay reveals teaching to be the form of coming to be which is proper to what is an individual in this sense. In this way, the essay shows teaching to be internal to human freedom. (shrink)

Given (1) Wittgensteins externalist analysis of the distinction between following a rule and behaving in accordance with a rule, (2) prima facie connections between rule-following and psychological capacities, and (3) pragmatic issues about training, it follows that most, even all, future artificially intelligent computers and robots will not use language, possess concepts, or reason. This argument suggests that AIs traditional aim of building machines with minds, exemplified in current work on cognitive robotics, is in need of substantial revision.

A powerful objection against moral conventionalism says that it gives the wrong reasons for individual rights and duties. The reason why I must not break my promise to you, for example, should lie in the damage to you—rather than to the practice of promising or to all other participants in that practice. Common targets of this objection include the theories of Hobbes, Gauthier, Hooker, Binmore, and Rawls. I argue that the conventionalism of these theories is superficial; genuinely conventionalist theories are (...) not vulnerable to the objection; and genuine moral conventionalism is independently plausible. (shrink)

I argue that all rights exist by convention. According to my definition, a right exists by convention just in case its justification appeals to the rules of a socially shared pattern of acting. I show that our usual justifications for rights are circular, that a right fulfills my criterion if all possible justifications for it are circular, and that all existing philosophical justifications for rights are circular or fail. We find three non-circular alternatives in the literature, viz. justifications of rights (...) by consequences, by autonomy or by divine commands. I show that all three alternatives fail, and I conclude that all rights exist by convention. This ontological result has a surprising and beneficial consequence. A common argument against conventionalism is that it implies cultural relativism. I finish by showing that the suggested conventionalism is incompatible with cultural relativism. (shrink)

This paper argues that promises are proposals in joint practical deliberation, the activity of deciding together what to do. More precisely: to promise to ϕ is to propose (in a particular way) to decide together with your addressee(s) that you will ϕ. I defend this deliberative theory by showing that the activity of joint practical deliberation naturally gives rise to a speech act with exactly the same properties as promises. A certain kind of proposal to make a joint decision regarding (...) one's own actions turns out to have the very same normative effects, under the very same conditions, as a promise. I submit that this cannot be a coincidence: we should conclude that promises and the relevant kind of proposals in joint practical deliberation are one and the same. (shrink)

Folly is an under-explored vice, despite its common occurrence and close relationship to core aspects of practical rationality and the good life. This paper develops an account of folly as a subspecies of imprudence and distinctive source of wrongdoing, with a special focus on its relational, social or inter-personal aspect. Drawing on Rotenstreich’s historically-based account, folly is defined as a form of practical irrationality resulting from closedness to the world. I expand Rotenstreich’s view and depart from him on two key (...) points. First, I argue that folly should be cleanly differentiated from stupidity. Second, I show that the wrong in folly—i.e. the harms it involves intrinsically, as opposed to as a matter of causal consequence—is partly obscured by Rotenstreich’s exclusive focus on the fool as an isolated individual agent. When, instead, we consider folly as a pathology of interpersonal relations, it reveals itself to be a vice which infects and undermines human relationships of love and care, and thus to be a serious threat to living well or human flourishing in almost all of their forms. (shrink)

I argue that recent attempts to show that meaning and content are not normative fail. The two most important arguments anti-normativists have presented are what I call the ‘argument from constitution’ and the ‘argument from guidance’. Both of these arguments suffer from the same basic problem: they overlook the possibility of focusing on assessability by norms, rather than compliance with norms or guidance by norms. Moreover, I argue that the anti-normativists arguments fail even if we ignore this basic problem. Thus, (...) we have not been given good reasons to think that normativism is false. (shrink)

Kalhat has forcefully criticised Wittgenstein's linguistic or conventionalist account of logical necessity, drawing partly on Waismann and Quine. I defend conventionalism against the charge that it cannot do justice to the truth of necessary propositions, renders them unacceptably arbitrary or reduces them to metalingustic statements. At the same time, I try to reconcile Wittgenstein's claim that necessary propositions are constitutive of meaning with the logical positivists’ claim that they are true by virtue of meaning. Explaining necessary propositions by reference to (...) linguistic conventions does not reduce modal to non‐modal notions, but it avoids metaphysical accounts, which are incapable of explaining how we can have a priori knowledge of necessity. (shrink)

Rights might be regarded as an objectionable and even a dangerous feature of moral, political, and legal arrangements. It is an element of all types of rights that Able's having right X entails requirements or prohibitions for Baker. These restrictions hold against Baker at Able's discretion, that is unless Able excuses Baker from respecting them. Nor are the restrictions merely decorative. We must presume that they are established because of the expectation that Baker would otherwise be disposed to interfere with (...) the action Ms. Able's right warrants her in taking. Thus as writers as early as Spinoza have stressed, rights are powers – one might even say weapons – that Able may use against Baker. Of course, as a practical matter these “weapons” are frequently ineffective. Ms. Baker may willfully ignore her obligations and prevent Ms. Able from enjoying her entitlements. But such occurrences, as common and as unfortunate as they are, do not materially ease the task of justifying rights. It is only insofar as rights are effective, and hence only insofar as anyone will have reason to defend them, that they are weapons in Able's hands. (shrink)

The paper argues that Rawls's account of the obligation to keep promises entails that inasmuch as we are obliged to keep promises, we are also obliged to carry out threats. On the basis of the principle of fairness, Rawls claimed that a social practice creates a moral obligation if it is just, and one has benefited from it or entered it voluntarily. A practice of threats meets Rawls's first principle of justice. We may reasonably assume that immoral threats, just like (...) immoral promises, are not socially obliging. Threats meet Rawls's second principle of justice mainly because weaker parties benefit from drawing red lines, backed by credible threats. Finally, threats create social benefits: they contribute to social cooperation and collaboration. The argument entails that we must either accept the counterintuitive claim that threats are morally binding, or reject Rawls's account of the obligation to keep promises. (shrink)

In this paper, I try to make sense of the possibility of several forms of voluntarily undertaken “sexual obligation.” The claim that there can be sexual obligations is liable to generate worries with respect to concerns for gender justice, sexual freedom, and autonomy, especially if such obligations arise in a context of unjust background conditions. This paper takes such concerns seriously but holds that, despite unjust background circumstances, some practices that give rise to ethical sexual obligations can actually ameliorate some (...) of the problems caused by such background conditions. Similarly, despite a surface appearance that sexual obligation and sexual autonomy are in tension, this need not be the case. By understanding how practices and conventions regulate the way such obligations can arise, this paper shows how supporting the possibility of sexual obligation can actually facilitate individual efforts to achieve sexual autonomy. (shrink)

Kalhat has forcefully criticised Wittgenstein's linguistic or conventionalist account of logical necessity, drawing partly on Waismann and Quine. I defend conventionalism against the charge that it cannot do justice to the truth of necessary propositions, renders them unacceptably arbitrary or reduces them to metalingustic statements. At the same time, I try to reconcile Wittgenstein's claim that necessary propositions are constitutive of meaning with the logical positivists' claim that they are true by virtue of meaning. Explaining necessary propositions by reference to (...) linguistic conventions does not reduce modal to non-modal notions, but it avoids metaphysical accounts, which are incapable of explaining how we can have a priori knowledge of necessity. (shrink)

p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px Times} Thomas Scanlon provides a theory of why we ought to keep our promises according to which the wrong of breaking a promise is a moral wrong that does not depend on any social practice. Instead a promise provides a recipient with assurance and the value of assurance establishes a moral obligation to keep our promises. However, it is often charged that theories like Scanlon’s are untenable because they are subject to a (...) vicious circularity. I address some recent critics of Scanlon’s theory, all of whom maintain that his account does not adequately show how a promise provides assurance and therefore does not overcome the charge of circularity in explaining why we are obligated to keep our promises. I revise Scanlon’s theory and show how a promise can provide a recipient with assurance, demonstrating that Scanlon’s account is a tenable theory of why we have an obligation to keep our promises. (shrink)

Mac Cumhaill and Wiseman’s book about the formative years of four influential female philosophers is well-researched and timely, appearing shortly after Lipscomb’s (2022) on the same topic. They describe the lives of Elizabeth Anscombe, Philippa Foot, Mary Midgley and Iris Murdoch from 1938 to 1956, that is, from the last pre-war term at Oxford, where all four took a BA, to the term in which Anscombe defended her famous objection to "Mr. Truman’s Degree" at Oxford’s general assembly. Using a wide (...) range of sources, the authors paint a vivid picture of how the war shaped British universities and thereby the philosophical education of these four students. (shrink)

Teaching ethics is always challenging, and it is especially challenging in a pluralistic society. One reason is that the participants in an ethical dispute frequently have different fundamental interests and perspectives, and they may not be fully aware of the extent to which they have, or share, or fail to share certain interests. It is a difficult task simply to sort out the various interests, both conscious and subconscious, that participants in a dispute bring to a table. And, partly because (...) that is such a difficult task, we tend to forget that there are other causes of ethical disagreement, and that one particularly troublesome cause is the different level of commitment people may have to using words to settle ethical disputes in the first place. (shrink)

I argue that the social dimension of alienation, as discussed by Williams and Railton, has been underappreciated. The lesson typically drawn from their exchange is that moral theory poses a threat to the internal integrity of the agent, but there is a parallel risk that moral theory will implicitly construe agents as constitutively alienated from one another. I argue that a satisfying account of agency will need to make room for what I call ‘genuine ethical contact’ with others, both as (...) concrete objects in the world external to ourselves and as subjects who can recognize us reciprocally. (shrink)

I discuss the second of the three theses advanced by Anscombe in ‘Modern Moral Philosophy’. The focus is the nature of entities to which – if Anscombe’s diagnosis is correct – ought and cognate modals are assumed by modern moral philosophers to refer. I reconstruct the alternative account offered by Anscombe of viable and justified ‘Aristotelian’ modals – as contrasted with mysterious and unjustified ‘Kantian’ modals; I discuss the nature and status of ‘Aristotelian necessity’ to which such legitimate modals refer (...) to. I conclude with the claims that Anscombe’s account of modern moral philosophy is viciously parochial, reducing it to Oxford philosophy from the Thirties and Forties and its immediate antecedents; that her historical reconstruction is vitiated by lack of awareness of the existence of law-views of morality preceding Christian theology, artful anticipation of secularization in order to fit her picture of modern moral philosophy as the ‘day after’ of Christianity; that Aquinas’s and her own view of natural morality as made of rational moral judgments laws is incompatible with both her predilection for ‘divine law’ instead of plain down-to-earth ‘natural law’; that her strained reconstruction of a Christian-Jewish-Stoic view of morality as law promulgated by God has little to share with any reconstruction of the Biblical moral traditions meeting academic standard and in more detail there is no possible translation of Torah as Law; and that her criticism hits just targets from the old little British world she was familiar with, while leaving Kantian ethics unaffected. -/- . (shrink)