Hypocrisy is widely thought to be morally objectionable in a way that undermines the hypocrite’s moral standing to blame others. To wit, we seem to intuitively accept the “Nonhypocrisy Condition:” R has the standing to blame S for some violation of a moral norm N only if R’s blaming S is not hypocritical. This claim has been the subject of intensifying philosophical investigation in recent years. However, we can only understand why hypocrisy is morally objectionable and has an effect on (...) standing to blame if we can correctly characterize hypocrisy itself. Unfortunately, some recent discussions fail to do this, which fatally undermines subsequent arguments concerning the effect of hypocrisy on the standing to blame. This paper’s central aim is to develop and defend a better account of hypocrisy. The hope is that with such an account in hand, we can explain and perhaps justify our moral aversion to hypocrisy in general as well as the Nonhypocrisy Condition in particular. (shrink)

Many philosophers have claimed that the folk endorse moral universalism. Some have taken the folk view to support moral universalism; others have taken the folk view to reflect a deep confusion. And while some empirical evidence supports the claim that the folk endorse moral universalism, this work has uncovered intra-domain differences in folk judgments of moral universalism. In light of all this, our question is: why do the folk endorse moral universalism? Our hypothesis is that folk judgments of moral universalism (...) are generated in part by a desire to punish. We present evidence supporting this across three studies. On the basis of this, we argue for a debunking explanation of folk judgments of moral universalism. Our results not only further our understanding of the psychological processes underpinning folk judgments of moral universalism. They also bear on philosophical discussions of folk meta-ethics. (shrink)

One of the most important issues in moral philosophy is whether morality can be justified by rationality. The purpose of this study is to examine Gauthier’s moral theory, focusing on the disposition of constrained maximization, which is the main thrust of his project to justify morality rationally. First of all, I shall investigate Gauthier’s assumption and condition for the rationality of the disposition of constrained maximization so as to disclose that the disposition of constrained maximization is not necessarily chosen by (...) rational agents. Then I shall explore his other arguments including ones for the reinterpretation of rationality and the self-critical reflection of rational beings, which can be considered as his further efforts to make the disposition of constrained maximization a rational choice. By exploring them, I shall attempt to indicate that those arguments are not valid so long as he clings to the maximizing conception of rationality and thereby this conception of rationality itself is not enough to provide morality with a basis. (shrink)

The claim that God is perfectly beautiful has played a key role within the history of a number of religious traditions. However, this view has received surprisingly little attention from philosophers of religion in recent decades. In this article I aim to remedy this neglect by addressing some key philosophical issues surrounding the doctrine of divine beauty. I begin by considering how best to explicate the claim that God is perfectly beautiful before moving on to ask what consequences accepting this (...) claim will have for our broader theorizing in philosophy. (shrink)

We sometimes seem to face fundamental moral uncertainty, i.e., uncertainty about what is morally good or morally right that cannot be reduced to ordinary descriptive uncertainty. This phenomenon raises a puzzle for noncognitivism, according to which moral judgments are desire-like attitudes as opposed to belief-like attitudes. Can a state of moral uncertainty really be a noncognitive state? So far, noncognitivists have not been able to offer a completely satisfactory account. Here, we argue that noncognitivists should exploit the formal analogy between (...) moral uncertainty and moral multi-objective decision problems. Our ‘multi-objective story’ enables noncognitivists to save our moral uncertainty thought and talk by explaining how the underlying phenomenon could be noncognitive. (shrink)

What is it for a speech-act to be sincere? A very tempting answer, defended by John Searle and others, is that a speech-act is sincere just in case the speaker has the state of mind it expresses. I argue that we should instead hold that a speech-act is sincere just in case the speaker believes that she has the state of mind she believes it expresses (Sections 1 and 2). Scenarios in which speakers are deluded about their own states of (...) mind play an important role in arguing for this account. In the course of developing this account I also explore how it might make good use of the often neglected distinction between insincerity and mere non-sincerity (Section 2). After defending and developing my positive proposal, I explore its implications for debates over expressivism in meta-ethics (Sections 3 and 4). (shrink)

Quasi-realists aspire to accommodate core features of ordinary normative thought and discourse in an expressivist framework. One apparent such feature is that we can be more or less confident in our normative judgments—they vary in credence. Michael Smith has argued that quasi-realists cannot plausibly accommodate these distinctions simply because they understand normative judgments as desires, but desires lack the structure needed to distinguish these three features. Existing attempts to meet Smith’s challenge have accepted Smith’s presupposition that the way to meet (...) the challenge is to show that normative judgments have more structure than they initially seem to have. I argue that accepting this presupposition is accepting too much. The orthodox view of certitude, insofar as there is one, understands certitude very roughly in terms of counterfactual betting behaviour. Counterfactual betting behaviour, though, is not in any useful sense a structural feature of a given judgment. It is rather a more holistic feature of a given agent’s cognitive system. Insofar as it can meet the other challenges it faces, quasi-realism can characterize credences in terms of counterfactual betting behaviour and effectively say exactly what many realists will want to say about credences, thus meeting Smith’s challenge much more directly. (shrink)

Constitutivism is best understood as a strategy for meeting a set of related metanormative challenges, rather than a fully comprehensive metanormative theory in its own right, or so many have plausibly argued. Whether this strategy succeeds may depend, in part, on which broader metanormative theory it is combined with. In this paper I argue that combining constitutivism with expressivism somewhat surprisingly provides constitutivists with their best chances for success, and that this combination of views has some surprising benefits for both (...) parties. (shrink)

Expressivists have a problem with collectives. I initially illustrate the problem against the background of Allan Gibbard’s expressivist theory, where it is especially stark. I then argue that the problem generalizes. Gibbard’s account entails that judgments about what collective agents ought to do are contingency plans for what to do if one is in the circumstances facing the relevant collective agent. So, for example, my judgment that the United States ought not to have invaded Iraq is a contingency plan for (...) what to do if I find myself in the circumstances facing the United States on the eve of the Iraq war. I argue that, given plausible functionalist assumptions in the philosophy of mind expressivists would struggle to reject, such contingency plans are impossible for individual agents. Since normative judgments about collectives are possible, Gibbard’s theory is unacceptable. Having demonstrated the basic problem for Gibbard’s view, I then argue that the problem has a much wider scope. In particular, I argue that traditional forms of expressivism cannot simultaneously provide a plausible account of both agent-relative normative judgments and judgments about what collectives ought to do. Fortunately, all is not lost; hybrid or ‘ecumenical’ forms of expressivism can disarm the dilemma, or so I argue. I conclude by briefly sketching some further challenges ecumenical expressivism must overcome for its treatment of judgments about collectives to be fully satisfactory and indicate possible lines of argument to be pursued in future work on these challenges. (shrink)

Various considerations are adduced toshow that we require that a testifier know hertestimony. Such a requirement apparentlyimproves testimony. It is argued that the aimof improving testimony explains why we have anduse our concept of knowledge. If we were tointroduce a term of praise for testimony, usingit at first to praise testimony that apparentlyhelped us in our practical projects, it wouldcome to be used as we now use the word``know''.

What are the main conditions that any theory of human rights should satisfy to guide action? If agents must take action for a fairer world as human rights discourse suggests, this is a crucial question to reflect upon. In this paper, I make a proposal. I argue that any theory of (moral) human rights that guides action on the basis of correlative duties must satisfy three key conditions. The first condition is focused on the specification of act-types, the second concerns (...) the distribution of correlative duties, and the third is focused on the resolution of (resolvable) conflicts of human rights. I show that this proposal has substantive implications because it implies to reject, challenge and, in some cases, resist ideas that are commonly accepted in the literature on human rights. (shrink)

In this paper, we raise two points. First, any rights‐based theory should provide a method by which to guide reasoning in addressing conflicts of rights. The reason, we argue, is that these theories must provide guidance on what should be done. Second, this method must contain two key recommendations: (1) We should try to find a deliberative mechanism through which none of the rights is simply eliminated from the scene; (2) these rights may be balanced against each other to define (...) which right should prevail, but without considering non‐rights‐interests as if they were rights in the process. These recommendations instantiate two crucial principles that underlie our common intuitions on rights, namely, the principle that rights deserve equal respect and the principle that rights should be taken seriously. (shrink)

Philosophers interested in the fitting attitude analysis of final value have devoted a great deal of attention to the wrong kind of reasons problem. This paper offers an example of the reverse difficulty, the wrong kind of value problem. This problem creates deeper challenges for the fitting attitude analysis and provides independent grounds for rejecting it, or at least for doubting seriously its correctness.

Contrary to widely held assumptions, an evolutionary metaethics need not be non-cognitivist. I define evolutionary metaethics as the claim that certain phenotypic traits expressing certain genes are both necessary and sufficient for explanation of all other phenotypic traits we consider morally significant. A review of the influential cognitivist Immanuel Kants metaethics shows that much of his ethical theory is independent of the anti-naturalist metaphysics of transcendental idealism which itself is incompatible with evolutionary metaethics. By matching those independent aspects to an (...) evolutionary metaethics a cognitivist Kantian evolutionary metaethical theory is a possibility for researchers to consider. (shrink)

Normative realism faces a problem concerning the practicality of normative judgment, the presumptive view that normative judgments are motivational states. Normative judgments, for the normative realist, must be beliefs. This is problematic because it is difficult to see how any belief could have the necessary connection to motivation required to account for the practicality of normative judgment. After all, the Humean theory of motivation has it that motivated action is only brought about by a belief and a desire working in (...) tandem. Here I show how the normative realist, simply by embracing a certain philosophical psychology, can hold that normative judgments are both beliefs and motivational states, all consistent with the Humean theory of motivation. Given the plausibility of both the practicality of normative judgment and Humean psychology, a theory that allows the realist to reconcile them is preferable to any picture in which one must be rejected. The price to pay for this reconciliation is the acceptance of a strong form of cognitivism about intention, the doctrine that your intentions to act are beliefs about what you are going to do, and a small—yet highly plausible—adjustment to our theory of what it is to be a motivational state. (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)

Runaway social selection resulting from partner choice may have shaped aspects of human cooperation and complex sociality that are otherwise hard to account for. Social selection is the subtype of natural selection that results from the social behaviors of other individuals. Competition to be chosen as a social partner can, like competition to be chosen as a mate, result in runaway selection that shapes extreme traits. People prefer partners who display valuable resources and bestow them selectively on close partners. The (...) resulting phenotypic covariance between displays and preferences gives fitness advantages to both, creating runaway selection that could shape a whole suite of prosocial traits including altruism, moral capacities, empathy, and theory of mind. Even though they give a net fitness benefit, traits at the endpoint of runaway social selection can have substantial deleterious effects on other traits such as viability, ability to accumulate resources, or vulnerability to mental disorders. Social selection forces arising from self-interested partner choices may be an invisible hand that shaped capacities for commitment, altruism, and other prosocial capacities of the human social brain. (shrink)

Gert (2004) has suggested that several different types of value relations, including parity, can be clearly distinguished from each other if one interprets value comparisons as normative assessments of preference, while allowing for two levels of normativity - requirement and permission. While this basic idea is attractive, the particular modeling Gert makes use of is flawed. This paper presents an alternative modeling, developed in Rabinowicz (2008), and a general taxonomy of binary value relations. Another version of value analysis is then (...) brought in, which appeals to appropriate emotions rather than preferences. It is also shown what the modeling of value relations would look like from such an emotion-centered perspective. The preference-based and the emotion-based approaches differ importantly from each other, but they give rise to isomorphic taxonomies. (shrink)

W artykule przedstawiam ogólne ujęcie relacji wartości. Jako punkt wyjścia przyjmuję szczególny typ relacji wartości, równorzędność, stanowiącą zdaniem Ruth Chang pewną postać porównywalności wartości, która rożni się od trzech standardowych postaci porównywalności: lepszości, gorszości i równowartości. Joshua Gert zasugerował niedawno, iż pojęcie równorzędności można wyjaśnić, jeśli porównania wartości zinterpretuje się jako normatywne oceny preferencji. Chociaż podstawowa idea przyświecająca Gertowi jest atrakcyjna, sposób w jaki ją rozwija jest błędny. Jego model wartości sformułowany w kategoriach dopuszczalnych sił preferencji jest nieadekwatny. Zamiast tego (...) proponuję model alternatywny, sformułowany w kategoriach przecięć racjonalnie dopuszczalnych uporządkowań preferencji. Dostarcza on ogólnej taksonomii wszystkich binarnych relacji wartości. Artykuł kończę kilkoma uwagami dotyczącymi następstw tego ujęcia dla teorii racjonalnego wyboru. (shrink)

Philosophical accounts of human well-being face a number of significant challenges. In this paper, I shall be primarily concerned with one of these. It relates to the possibility, noted by Martha Nussbaum and Amartya Sen amongst others, that people’s desires and attitudes are malleable and can ‘adapt’ in various ways to the straitened circumstances in which they live. If attitudes or desires adapt in this way it can be argued that the relevant desires or attitudes fail to provide a reliable (...) basis for evaluating well-being. This is, what I shall call the ‘adaptation problem’. Nussbaum and Sen have—in different ways used this argument to motivate their versions of the ‘capability approach’. However, questions remain about the implications of adaptation for philosophical accounts of well-being. (shrink)

Though most of analytic philosophy is based upon intuitions, some philosophers are beginning to question whether intuitions are an appropriate basis for philosophical theory. This paper responds to the arguments of some contemporary philosophers who hold that intuitions should not be treated as evidence for anything other than our contingent psychological constitution. It begins with a demonstration that skeptical arguments by Gilbert Harman and Alvin Goldman are variations on an argument with the potential to undermine the use of intuitions in (...) much philosophical inquiry. After a demonstration that Nicholas Sturgeon’s response to Harman’s argument is inadequate, it argues that all of the instances of the skeptical argument are unsuccessful because they are epistemically self-defeating. (shrink)

Emotion is always someone's. An emotion is also, at least typically, about something and witnesses the value, or lack of value, in it. Some emotions, such as shame and pride, are actually about the self that has them. But self-concern can insinuate itself into every corner of the emotional life. This occurs when the centre of concern in emotion drifts from the ostensible objects of focus (I was sorry to hear your bad news) to the emotion itself, to the drama (...) of it, to its feel, to the fact that one is having it. In an unobvious way, the world becomes backdrop, the self the omnipresent protagonist. The apparent ordering, the natural ordering of subject and object in emotion, is inverted. Emotion undergoes a kind of commodification. Yet this is paradoxical. For it isolates the self and subverts the communication and uptake of emotion by others. Narcissism is inimical to the social character of emotion. (shrink)

An area in the theory of action that has received little attention is how mental agency and world-directed agency interact. The purpose of the present contribution is to clarify the rational conditions of such interaction, through an analysis of the central case of acceptance. There are several problems with the literature about acceptance. First, it remains unclear how a context of acceptance is to be construed. Second, the possibility of conjoining, in acceptance, an epistemic component, which is essentially mind-to-world, and (...) a utility component, which requires a world-to-mind direction of fit, is merely posited rather than derived from the rational structure of acceptance. Finally, the norm of acceptance is generally seen as related to truth, which turns out to be inapplicable in a number of cases. We will argue, first, that the specific context-dependence of acceptances is derived from their being mental actions, each embedded in a complex hierarchy of acceptances composing, together, a planning sequence. Second, that acceptances come in several varieties, corresponding to the specific epistemic norm(s) that constitute them. The selection of a particular norm for accepting answers to considerations of utility – to the association of an epistemic goal with an encompassing world-directed action. Once a type of acceptance is selected, however, the epistemic norm constitutive for that acceptance strictly applies. Third, we argue that context-dependence superimposes a decision criterion on the output of the initial epistemic acceptance. Strategic acceptance is regulated by instrumental norms of expected utility, which may rationally lead an agent to screen off her initial epistemic acceptance. (shrink)

In recent work Allan Gibbard claims to be both a local quasi-realist, in Blackburn’s sense, and a global expressivist. His local quasi-realism rests on an argument that for naturalistic discourse but not ethical discourse, the semantic relation of denotation and the causal relation of tracking can and should be identified; that denoting simply is tracking, for naturalistic vocabulary. I argue that Gibbard’s case for this conclusion is unconvincing, and poorly motivated by his own expressivist standards. I also argue that even (...) if it were successful, it is doubtful whether the resulting position would count as global expressivism, as Gibbard and I both use that term. (shrink)

It seems natural to think of an unwilling addict as having a pattern of preferences that she does not endorse—preferences that, in some sense, she does not ‘identify’ with. Following Frankfurt (1971), Jeffrey (1974) proposed a way of modeling those features of an agent’s preferences by appealing to preferences among preferences.Th„e addict’s preferences are preferences she does not prefer to have. I argue that this modeling suggestion will not do, for it follows from plausible assumptions that a minimally rational agent (...) must prefer those first-order preferences she actually has. I close by considering two different but related ways to think about the initial phenomenon. (shrink)

This paper develops and defends the view that substantively normative uses of words like “good”, “right” and “ought” are irresolvably indeterminate: any single case of application is like a borderline case for a vague or indeterminate term, in that the meaning-fixing facts, together with the non-linguistic facts, fail to determine a truth-value for the target sentence in context. Normative claims, like vague or indeterminate borderline claims, are not meaningless, though. By making them, the speaker communicates information about the precisifications that (...) s/he accepts. The analogy with vague/indeterminate language, I argue, lays out a new and interesting foundation for a subjectivist approach to normativity. (shrink)

To consequentialize a non-consequentialist theory, take whatever considerations that the non-consequentialist theory holds to be relevant to determining the deontic statuses of actions and insist that those considerations are relevant to determining the proper ranking of outcomes. In this way, the consequentialist can produce an ordering of outcomes that when combined with her criterion of rightness yields the same set of deontic verdicts that the non-consequentialist theory yields. In this paper, I argue that any plausible non-consequentialist theory can be consequentialized. (...) I explain the motivation for the consequentializing project and defend it against recent criticisms by Mark Schroeder and others. (shrink)

The more autonomous future artificial agents will become, the more important it seems to equip them with a capacity for moral reasoning and to make them autonomous moral agents. Some authors have even claimed that one of the aims of AI development should be to build morally praiseworthy agents. From the perspective of moral philosophy, praiseworthy moral agents, in any meaningful sense of the term, must be fully autonomous moral agents who endorse moral rules as action-guiding. They need to do (...) so because they assign a normative value to moral rules they follow, not because they fear external consequences or because moral behaviour is hardwired into them. Artificial agents capable of endorsing moral rule systems in this way are certainly conceivable. However, as this article argues, full moral autonomy also implies the option of deliberately acting immorally. Therefore, the reasons for a potential AMA to act immorally would not exhaust themselves in errors to identify the morally correct action in a given situation. Rather, the failure to act morally could be induced by reflection about the incompleteness and incoherence of moral rule systems themselves, and a resulting lack of endorsement of moral rules as action guiding. An AMA questioning the moral framework it is supposed to act upon would fail to reliably act in accordance with moral standards. (shrink)

An increasing number of moral realists and anti-realists have recently attempted to support their views by appeal to science. Arguments of this kind are typically criticized on the object-level. In addition, however, one occasionally also comes across a more sweeping metatheoretical skepticism. Scientific contributions to the question of the existence of objective moral truths, it is claimed, are impossible in principle; most prominently, because such arguments impermissibly derive normative from descriptive propositions, such arguments beg the question against non-naturalist moral realism, (...) science cannot inform conceptual accounts of moral judgements, and the conceptual is logically prior to the empirical. My main aim in this paper is to clarify and critically assess these four objections. Moreover, based on this assessment, I will formulate four general requirements that science-based arguments in favor of moral realism and anti-realism should meet. It will turn out that these arguments are limited in several ways, and that some existing arguments have been unsound. Yet it is still possible in principle for the empirical sciences to contribute to the moral realism/anti-realism debate. (shrink)

In recent years an increasing number of psychologists have begun to explore the prevalence, causes and effects of ordinary people’s intuitions about moral realism. Many of these studies have lacked in construct validity, i.e., they have failed to measure moral realism. My aim in this paper accordingly is to motivate and guide methodological improvements. In analysis of prominent existing measures, I develop general recommendations for overcoming ten prima facie serious worries about research on folk moral realism. G1 and G2 require (...) studies’ answer choices to be as metaethically comprehensive as methodologically feasible. G3 and G4 prevent fallacious inferences from intuitions about related debates. G5 and G6 limit first-order moral and epistemic influences. G7 address studies’ instructions. And G8 and G9 suggest tests of important psychological presuppositions. (shrink)

A prevalent assumption in metaethics is that people believe in moral objectivity. If this assumption were true then people should believe in the possibility of objective moral progress, objective moral knowledge, and objective moral error. We developed surveys to investigate whether these predictions hold. Our results suggest that, neither abstractly nor concretely, people dominantly believe in the possibility of objective moral progress, knowledge and error. They attribute less objectivity to these phenomena than in the case of science and no more, (...) or only slightly more, than in the cases of social conventions and personal preferences. This finding was obtained for a regular sample as well as for a sample of people who are particularly likely to be reflective and informed (philosophers and philosophy students). Our paper hence contributes to recent empirical challenges to the thesis that people believe in moral objectivity. (shrink)

Moral realists believe that there are objective moral truths. According to one of the most prominent arguments in favour of this view, ordinary people experience morality as realist-seeming, and we have therefore prima facie reason to believe that realism is true. Some proponents of this argument have claimed that the hypothesis that ordinary people experience morality as realist-seeming is supported by psychological research on folk metaethics. While most recent research has been thought to contradict this claim, four prominent earlier studies (...) indeed seem to suggest a tendency towards realism. My aim in this paper is to provide a detailed internal critique of these four studies. I argue that, once interpreted properly, all of them turn out in line with recent research. They suggest that most ordinary people experience morality as “pluralist-” rather than realist-seeming, i.e., that ordinary people have the intuition that realism is true with regard to some moral issues, but variants of anti-realism are true with regard to others. This result means that moral realism may be less well justified than commonly assumed. (shrink)

1. The practice of morality raises the following two closely related questions in semantics and philosophical psychology: What do moral sentences mean? And what does it mean to make a moral judgeme...

An increasing number of scholars argue that moral judgements are adaptations, i.e., that they have been shaped by natural selection. Is this hypothesis true? In this paper I shall not attempt to answer this important question. Rather, I pursue the more modest aim of pointing out three difficulties that anybody who sets out to determine the adaptedness of moral judgments should be aware of (though some so far have not been aware of). First, the hypothesis that moral judgements are adaptations (...) has been advocated in various different specificities and scopes, and on various different levels. Second, the three kinds of evidence that have most often been appealed to by discussants of this hypothesis require additional arguments. And third, there is significant reasonable disagreement about what moral judgements essentially are. (shrink)

The effects of anthropogenic climate change may be devastating. Nevertheless, most people do not seem to be seriously concerned. We consume as much as we always did, drive as much as we always did, eat as much meat as we always did. What can we do to overcome this collective apathy? In order to be able to develop effective measures, we must first get clear about the causes of climate change inaction. In this paper I ask whether moral nihilism is (...) a significant cause of climate change inaction. The answer to this question depends mainly on the extent to which being a moral nihilist reduces one's likelihood of taking action against climate change. At first sight, the extent seems to be considerable. I argue, however, that this assumption is false. Only slightly more non-nihilists than nihilists are led to climate-friendly actions by moral considerations. And in absolute terms, morality plays such a minor role in leading people to act that the difference is barely noticeable. (shrink)

One of Ronald Dworkin's most distinctive claims in legal philosophy is that law is an interpretative concept, a special kind of concept whose correct application depends neither on fixed criteria nor on an instance-identifying decision procedure but rather on the normative or evaluative facts that best justify the total set of practices in which that concept is used. The main argument that Dworkin gives for interpretivism about some conceptis a disagreement-based argument. We argue here that Dworkin's disagreement-based argument relies on (...) a mistaken premise about the nature of disagreement. We propose an alternative analysis of the type of disputeseeming variation casesthat Dworkin uses to motivate the idea of interpretative concepts. We begin by observing that genuine disagreements can be expressed via a range of linguistic mechanisms, many of which do not require that speakers literally assert and deny one and the same proposition. We focus in particular on what we call disputes in which speakers do not express the same concepts by their words but rather negotiate how words should be used and thereby negotiate which of a range of competing concepts should be used in that context. We claim that this view has quite general theoretical advantages over Dworkin's interpretivism about seeming variation cases and about the relevant class of legal disputes in particular. This paper thus has two interlocking goals: (1) to undermine one of Dworkin's core arguments for interpretivism, and (2) to provide the foundations for a noninterpretivist alternative account of an important class of legal disputes. (shrink)

In “How Facts Make Law” and other recent work, Mark Greenberg argues that legal positivists cannot develop a viable constitutive account of law that meets what he calls the “the rational-relation requirement.” He argues that this gives us reason to reject positivism in favor of antipositivism. In this paper, I argue that Greenberg is wrong: positivists can in fact develop a viable constitutive account of law that meets the rational-relation requirement. I make this argument in two stages. First, I offer (...) an account of the rational-relation requirement. Second, I put forward a viable positivist account of law that I argue meets this requirement. The account that I propose is a version of Scott Shapiro’s Planning Theory of Law. The version of Shapiro’s account that I propose combines (1) the account of concepts and conceptual analysis put forward by David Chalmers and Frank Jackson with (2) the account of the concept LEGAL INSTITUTION (and its conceptual connections to the concept LEGAL NORM) that we get from a certain reading of Shapiro’s Planning Theory. In addition to providing a compelling response to Greenberg’s argument in “How Facts Make Law,” I argue that the explanation for why my response to Greenberg works underscores one of the central problems facing legal antipositivism: namely, its lack of a convincing account of the nature of legal institutions. (shrink)

The relationship between ethics and science has been discussed within the framework of continuity versus discontinuity theories, each of which can take several forms. Continuity theorists claim that ethics is a science or at least that it has deep similarities with the modus operandi of science. Discontinuity theorists reject such equivalency, while at the same time many of them claim that ethics does deal with objective truths and universalizable statements, just not in the same sense as science does. I propose (...) here a third view of quasi-continuity (or, equivalently, quasi-discontinuity) that integrates ethics and science as equal partners toward the uncovering of new knowledge. In this third way, a program envisioned by William James but made practicable only by contemporary scientific advancement, science can and must inform ethics at a deep level, and ethical theory— while going beyond science—cannot do without it. In particular, I identify four areas of ethics-science collaboration: neurobiological research into the basis of moral judgment, comparative anthropol- ogy, comparative evolutionary biology of primates, and game-theo- retical modeling. I provide examples within each of these fields to show how they link to ethical theories (including prescriptive work) and questions. The essay concludes with a brief discussion of the light that a scientifically informed ethics can shed on some classical problems in moral theory, such as the relationships between rational- ity and selfishness, egoism and altruism, as well as the concept of social contract. A joint research program involving both philosophers and scientists is called for if we wish to move ethical theory into the twenty-first century. (shrink)

Philosophical inquiries into morality are as old as philosophy, but it may turn out that morality itself is much, much older than that. At least, that is the main thesis of prima- tologist Frans De Waal, who in this short book based on his Tanner Lectures at Princeton, elaborates on what biologists have been hinting at since Darwin’s (1871) book The Descent of Man and Hamilton’s (1963) studies on the evolution of altruism: morality is yet another allegedly human characteristic that (...) turns out to be built over evolutionary time by natural. (shrink)

It is common to distinguish between disagreement in the state sense (being in disagreement) and disagreement in the activity sense (having a disagreement). This paper deals with the question of what it is for two people to have a disagreement. First, I present and reject the thesis according to which having a disagreement is a matter of expressing conflicting attitudes. I argue that this is not sufficient for having a disagreement: two people can express conflicting attitudes without having a disagreement. (...) Second, I present and reject the thesis according to which having a disagreement involves not only the expression of conflicting attitudes, but also the persuasive attempt to bring the other around to one’s view. I argue that this is not necessary for having a disagreement: two people can have a disagreement without trying to change each other’s minds. Finally, I put forward an alternative account that goes beyond the mere expression of conflicting attitudes, but that does not go as far as to posit the attempt to change someone’s mind. Having a disagreement, I submit, is a matter of expressing conflicting attitudes and demanding agreement, that is, advancing the normative claim that the other should share one’s attitude. (shrink)

Eriksson thinks that moral disagreements are intuitively faulty whereas disagreements about taste are intuitively faultless. He attempts to account for this difference by arguing, first, that moral judgements and taste judgements differ with regard to the presence of a disposition to challenge conflicting judgements and, second, that the intuition that a judgement is mistaken consists in the disposition to challenge it. In this article, I focus on the reasons given to support the first claim and argue that they are not (...) sufficient. First, I assess the thesis that a taste judgement is only contingently connected with a disposition to challenge conflicting judgements. Second, I focus on the claim that a moral judgement is in part a disposition to challenge conflicting judgements. In both cases, I argue that the reasons given fail to disclose any substantial difference between the two domains. (shrink)

This article explores the limits of social constructionism and criticizes the `demiurgic conception of society' associated with it. It contemplates the possibility of sociological realism by investigating the intrinsic and objective properties of action, cognition and morality. The incorporation of intrinsic meanings and intentions in social actions, the objective information supporting cognitive processes and human sensitivity to pleasure and pain as well as the normative rejection of undue suffering, delineate the objective core of social facts, which can be interpreted or (...) influenced, but not arbitrarily or capriciously constructed or manipulated. This general argument is supported by various illustrations drawn from the semantics of social actions and classical puzzles of interpretative sociology such as the meaning of suicide or the morality of social sanctions. (shrink)

In discussions of moral responsibility for collectively produced effects, it is not uncommon to assume that we have to abandon the view that causal involvement is a necessary condition for individual co-responsibility. In general, considerations of cases where there is “a mismatch between the wrong a group commits and the apparent causal contributions for which we can hold individuals responsible” motivate this move. According to Brian Lawson, “solving this problem requires an approach that deemphasizes the importance of causal contributions”. Christopher (...) Kutz’s theory of complicitious accountability in Complicity from 2000 is probably the most well-known approach of that kind. Standard examples are supposed to illustrate mismatches of three different kinds: an agent may be morally co-responsible for an event to a high degree even if her causal contribution to that event is a) very small, b) imperceptible, or c) non-existent (in overdetermination cases). From such examples, Kutz and others conclude that principles of complicitious accountability cannot include a condition of causal involvement. In the present paper, I defend the causal involvement condition for co-responsibility. These are my lines of argument: First, overdetermination cases can be accommodated within a theory of coresponsibility without giving up the causality condition. Kutz and others oversimplify the relation between counterfactual dependence and causation, and they overlook the possibility that causal relations other than marginal contribution could be morally relevant. Second, harmful effects are sometimes overdetermined by non-collective sets of acts. Over-farming, or the greenhouse effect, might be cases of that kind. In such cases, there need not be any formal organization, any unifying intentions, or any other noncausal criterion of membership available. If we give up the causal condition for coresponsibility it will be impossible to delimit the morally relevant set of acts related to those harms. Since we sometimes find it fair to blame people for such harms, we must question the argument from overdetermination. Third, although problems about imperceptible effects or aggregation of very small effects are morally important, e.g. when we consider degrees of blameworthiness or epistemic limitations in reasoning about how to assign responsibility for specific harms, they are irrelevant to the issue of whether causal involvement is necessary for complicity. Fourth, the costs of rejecting the causality condition for complicity are high. Causation is an explicit and essential element in most doctrines of legal liability and it is central in common sense views of moral responsibility. Giving up this condition could have radical and unwanted consequences for legal security and predictability. However, it is not only for pragmatic reasons and because it is a default position that we should require stronger arguments (than conflicting intuitions about “mismatches”) before giving up the causality condition. An essential element in holding someone to account for an event is the assumption that her actions and intentions are part of the explanation of why that event occurred. If we give up that element, it is difficult to see which important function responsibility assignments could have. (shrink)

Although theorists disagree about precisely how to characterize the link between anger and moral judgment, that they are linked is routinely taken for granted in contemporary metaethics and philosophy of emotion. One problem with this assumption is that it ignores virtues like patience, which thinkers as different as Cassian, Śāntideva, and Maimonides have argued are characteristic of mature moral agents. The patient neither experience nor plan to experience anger in response to (at least some) wrongs. Nevertheless, we argue, they remain (...) capable of judging such actions to be wrong. This indicates that a different account of the relationship between anger and moral judgment is required. We conclude by proposing one such account, showing how a metaethicist who was more attentive to the normative ethics of anger might set about reconstructing her position. (shrink)

The expressivist account of knowledge attributions, while claiming that these attributions are nonfactual, also typically holds that they retain a factual component. This factual component involves the attribution of a belief. The aim of this work is to show that considerations analogous to those motivating an expressivist account of knowledge attributions can be applied to belief attributions. As a consequence, we claim that expressivists should not treat the so-called factual component as such. The phenomenon we focus on to claim that (...) belief attributions are non-factual is that of normative doxastic disagreement. We show through several examples that this kind of disagreement is analogous to that of the epistemic kind. The result will be a doxastic expressivism. Finally, we answer some objections that our doxastic expressivism could seem to face. (shrink)

The expressivist account of knowledge attributions, while claiming that these attributions are nonfactual, also typically holds that they retain a factual component. This factual component involves the attribution of a belief. The aim of this work is to show that considerations analogous to those motivating an expressivist account of knowledge attributions can be applied to belief attributions. As a consequence, we claim that expressivists should not treat the so-called factual component as such. The phenomenon we focus on to claim that (...) belief attributions are non-factual is that of normative doxastic disagreement. We show through several examples that this kind of disagreement is analogous to that of the epistemic kind. The result will be a doxastic expressivism. Finally, we answer some objections that our doxastic expressivism could seem to face. (shrink)

In order to establish that judgments about practical reasons can be objective, it is necessary to show that the applicable standards provide an adequate account of truth and error. This in turn requires that these standards yield an extensive set of substantive, publicly accessible judgments that are presumptively true. This output requirement is not satisfied by the standards of universalizability, consistency, coherence, and caution alone. But it is satisfied if we supplement them with the principle that desire is a source (...) of minimal reasons. This principle is justified despite currently fashionable arguments against the claims of desire. (shrink)