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)

Normativism in the theory of meaning and content is the view that linguistic meaning and/or intentional content are essentially normative. As both normativity and its essentiality to meaning/content can be interpreted in a number of different ways, there is now a whole family of views laying claim to the slogan “meaning/content is normative”. In this essay, we discuss a number of central normativist theses, and we begin by identifying different versions of meaning normativism, presenting the arguments that have been put (...) forth for and against them. (shrink)

This paper argues that functionalist metasemantic views, such as Conceptual Role Semantics and Interpretivism, face a Euthyphro challenge. The challenge, put roughly, is this: functionalist metasemantic views reverse the order of explanation. According to such views, representational mental states have the contents that they do partly because they play certain roles in our mental lives. According to an intuitive picture of the roles that representational mental states play in our mental lives, however, these states play the roles they do partly (...) because they have the contents that they do. Since explanations—even partial ones—are asymmetric (call this principle ‘the Euthyphro Principle’), we can’t accept both this intuitive picture and a functionalist metasemantics. Hence, we should reject all versions of the latter. This paper can be seen as an attempt to better articulate an intuition that has been suggested in various forms in the literature. The paper proceeds as follows. First, it shows that functionalist metasemantic views imply certain ‘partly because’ claims. Second, it argues for the Euthyphro Principle. Third, it defends the intuitive picture of representational mental states and shows that it implies ‘partly because’ claims that conflict with those made by functionalist metasemantic views. Finally, it considers ways of relaxing the intuitive picture and finds them all wanting. (shrink)

Foundational theories of mental content seek to identify the conditions under which a mental representation expresses, in the mind of a particular thinker, a particular content. Normativists endorse the following general sort of foundational theory of mental content: A mental representation r expresses concept C for agent S just in case S ought to use r in conformity with some particular pattern of use associated with C. In response to Normativist theories of content, Kathrin Glüer-Pagin and Åsa Wikforss propose a (...) dilemma, alleging that Normativism either entails a vicious regress or falls prey to a charge of idleness. In this paper, I respond to this argument. I argue that Normativism can avoid the commitments that generate the regress and does not propose the sort of explanation required to charge that its explanation has been shown to be problematically idle. The regress-generating commitment to be avoided is, roughly, that tokened, contentful mental states are the product of rule-following. The explanatory task Normativists should disavow is that of explaining how it is that beliefs and other contentful mental states are produced. I argue that Normativism, properly understood as a theory of content, does not provide this kind of psychological explanation, and therefore does not entail that such explanations are to be given in terms of rule-following. If this is correct, Normativism is not the proper target of the dilemma offered by Glüer-Pagin and Wikforss. Understanding why one might construe Normativism in the way Glüer-Pagin and Wikforss must, and how, properly understood, it avoids their dilemma, can help us to appreciate the attractiveness of a genuinely normative theory of content and the importance of paying careful attention to the sort of normativity involved in norm-based theories of content. (shrink)

This dissertation contains four independent essays addressing a cluster of related topics in the philosophy of mind. Chapter 1: “Fundamentality Physicalism” argues that physicalism can usefully be conceived of as a thesis about fundamentality. The chapter explores a variety of other potential formulations of physicalism (particularly modal formulations), contrasts fundamentality physicalism with these theses, and offers reasons to prefer fundamentality physicalism over these rivals. Chapter 2:“Modal Rationalism and the Demonstrative Reply to the Master Argument Against Physicalism” introduces the Master Argument (...) Against Physicalism and investigates its crucial premise: the inference from an a priori gap between the physical and consciousness to a lack of necessitation between the two. I argue against the strong form of modal rationalism that underwrites the master argument and offer a more moderate rationalist view. I offer a novel demonstrative reply to the master argument, according to which a connection between conscious experience and demonstratives, not dualism, is the source of the epistemic gap between consciousness and the physical. Chapter 3: “Conceptual Mastery and the Knowledge Argument” argues that Frank Jackson’s famous anti-physicalist knowledge argument featuring Mary, a brilliant neuroscientist raised in a black and white room, founders on a dilemma. Either (i) Mary cannot know the relevant experiential truths because of trivial obstacles that have no bearing on the truth of physicalism or (ii) once the obstacles have been removed, Mary can know the relevant truths. Chapter 4: “Toward a Theory of Conceptual Mastery” investigates the question “Under what conditions does a thinker fully understand, or have mastery of, a concept?” I argue against three views of conceptual mastery, according to which conceptual mastery is a matter of holding certain beliefs, being disposed to make certain inferences, or having certain intuitions. I propose and respond to objections to my own “meaning postulate view” of the conditions under which a thinker has mastery of a concept. (shrink)

In a circulated but heretofore unpublished 2001 paper, I argued that Leiter's analogy to Quine's 'naturalization of epistemology' does not do the philosophical work Leiter suggests. I revisit the issues in this new essay. I first show that Leiter's replies to my arguments fail. Most significantly, if — contrary to the genuinely naturalistic reading of Quine that I advanced — Quine is understood as claiming that we have no vantage point from which to address whether belief in scientific theories is (...) ever justified, it would not help Leiter's parallel. Given Leiter's way of drawing the parallel, the analogous position in the legal case would be not the Legal Realists' indeterminacy thesis, but the very different position that we have no vantage point from which to address whether legal decisions can ever be justified. I then go on to address the more important question of whether the indeterminacy thesis, if true, would support any replacement of important legal philosophical questions with empirical ones. Although Ronald Dworkin has argued against the indeterminacy thesis, if he were wrong on this issue, it would not in any way suggest that the questions with which Dworkin is centrally concerned cannot fruitfully be addressed. The indeterminacy thesis is a bone of contention in an ordinary philosophical debate between its proponents and Dworkin. Of course, if the determinacy thesis were true, no one should try to show that it is false, but this triviality lends no support to the kind of replacement proposal that Leiter proposes. I conclude with some general reflections on naturalism and philosophical methodology. (shrink)

This chapter addresses the question of what makes expressions meaningful according to the conception of meaning offered by Donald Davidson. It addresses this question by reflecting on Kathrin Glüer’s recent response to it. It argues that Glüer misconstrues both the evidence for meaning that the radical interpreter must rely on and the way in which the principle of charity must be deployed. The articulation of the correct construal of the evidence and the principle reveals the thoroughly non-reductionist aspect of Davidson’s (...) conception of meaning. This aspect becomes even clearer in his later work, through the articulation of the triangulation argument. I try to show how this argument, which is reconstructed in accordance with Claudine Verheggen’s interpretation of it, helps answer the initial question. The question whether the conception has the resources to account for the objectivity of meaning is briefly discussed. (shrink)

In a recent paper, I launch an attack on a fundamental doctrine of legal positivism. I argue that nonnormative facts cannot themselves constitutively determine the content of the law. In a response published in this journal, Ram Neta defends the view that nonnormative social facts are sufficient to determine normative facts, including both moral and legal facts. Neta's paper provides a useful opportunity to address a spelled-out version of this view, which in various forms is widely held in philosophy of (...) law and other areas of philosophy. I begin by addressing Neta's attempts to show that descriptive facts can alone determine moral and legal facts. First, Neta's account of why it is wrong to break promises fails. In addition to other problems, it begs the question by taking for granted that a person's desires or other motivational states necessarily justify the actions that they motivate. Next, I turn to Neta's attempt to provide a counterexample to my view about law. In my original paper, I claim that the nature of the constitutive determination relation in the legal domain is what I call rationaldetermination. Roughly speaking, a full constitutive account of the legal facts must include reasons that explain the relation between the determining facts and the legal facts. The facts on which Neta's putative counterexample depends cannot be reasons of the required sort because they take for granted what they are supposed to explain—the way in which nonnormative social facts contribute to the content of the law. Finally, I address the larger issue of how far my argument applies to other domains. I consider and reject Neta's argument that purports to show that all normative domains have the relevant features of the legal domain. I then sketch a competing picture of some normative domains. (shrink)

In a circulated but heretofore unpublished 2001 paper, I argued that Leiter’s analogy to Quine’s “naturalization of epistemology” does not do the philosophical work Leiter suggests. I revisit the issues in this new essay. I first show that Leiter’s replies to my arguments fail. Most significantly, if – contrary to the genuinely naturalistic reading of Quine that I advanced – Quine is understood as claiming that we have no vantage point from which to address whether belief in scientific theories is (...) ever justified, it would not help Leiter’s parallel. Given Leiter’s way of drawing the parallel, the analogous position in the legal case would be not the Legal Realists’ indeterminacy thesis, but the very different position that we have no vantage point from which to address whether legal decisions can ever be justified. I then go on to address the more important question of whether the indeterminacy thesis, if true, would support any replacement of important legal philosophical questions with empirical ones. Although Ronald Dworkin has argued against the indeterminacy thesis, if he were wrong on this issue, it would not in any way suggest that the questions with which Dworkin is centrally concerned cannot fruitfully be addressed. The indeterminacy thesis is a bone of contention in an ordinary philosophical debate between its proponents and Dworkin. Of course, if the determinacy thesis were true, no one should try to show that it is false, but this triviality lends no support to the kind of replacement proposal that Leiter proposes. I conclude with some general reflections on naturalism and philosophical methodology. (shrink)

What has the self to be like such that introspective awareness of it is possible? The paper asks if Descartes’s idea of an inner self can be upheld and discusses this issue by invoking two principles: the phenomenal transparency of experience and the semantic compositionality of conceptual content. It is assumed that self-awareness is a second-order state either in the domain of experience or in the domain of thought. In the former case self-awareness turns out empty if experience is transparent. (...) In the latter, it can best be conceived of as a form of mental quotation. Various proposed analyses of direct and indirect quotation are discussed and tested regarding their applicability to thought. It is concluded that, on the assumption of compositionality, the inner self is only insofar accessible to awareness as it has an accessible phonological structure, as apparently only inner speech does. (shrink)

Abstract. The purpose of this paper is to address some of the main issues of contemporary jurisprudential methodology by considering the contribution of Jules Coleman to this subject. After a description of Coleman's methodological approach and a clarification of its philosophical background, the paper focuses on some related problems, such as the relation between linguistic meaning and conceptual content, the nature of legal concepts, the different aspects of the normativity of content, and the revisability of conceptual truths.

In "Assertion," Geach identified failure to attend to the distinction between meaning and speech act as a source of philosophical errors. I argue that failure to attend to this distinction, along with the parallel distinction between attitude and content, has been behind the idea that meaning and content are, in some sense, normative. By an argument parallel to Geach's argument against performative analyses of "good" we can show that the phenomena identified by theorists of the normativity of content are properties (...) in the first instance of speech act and propositional attitude types, rather than content as such. (shrink)

Many now accept the thesis that norms are somehow constitutively involved in people's contentful intentional states. I distinguish three versions of this normative thesis that disagree about the type of norms constitutively involved. Are they objective norms of correctness, subjective norms of rationality, or intersubjective norms of social practices? I show the advantages of the third version, arguing that it improves upon the other two versions, as well as incorporating their principal insights. I then defend it against two serious challenges: (...) (1) If content is constituted by others' normative judgments, how can content be causally efficacious? (2) This account appears to make having contentful thoughts a matter of people having contentful thoughts about your thoughts. That appears to be viciously circular and so can't be naturalistic. (shrink)

Which concepts should we use to think and talk about the world and to do all of the other things that mental and linguistic representation facilitates? This is the guiding question of the field that we call ‘conceptual ethics’. Conceptual ethics is not often discussed as its own systematic branch of normative theory. A case can nevertheless be made that the field is already quite active, with contributions coming in from areas as diverse as fundamental metaphysics and social/political philosophy. In (...) this pair of papers, we try to unify the field, reflecting on its basic nature, structure, and methodology. (shrink)

This paper shows how we can plausibly extend the guise of the good thesis in a way that avoids intellectualist challenge, allows animals to be included, and is consistent with the possibility of performing action under the cognition of their badness. The paper also presents some independent arguments for the plausibility of this interpretation of the thesis. To this aim, a teleological conception of practical attitudes as well as a cognitivist account of arational desires is offered.

In a series of papers, Papineau argues that the Swampman scenario is not even the start of an objection to teleosemantics as a scientific reduction of belief. It is against this claim that I want to argue here. I shall argue that our intuition about the scenario questions the adequacy of the conceptual foundations of teleosemantics, namely, success semantics and the etiological conception of biological function, on which the explanatory power of the theory rests. In the course of argument, some (...) general connections between explanation and modality will be developed that shed a new light on Kripke’s analysis of necessary a posteriori propositions. The upshot will be that teleosemanticists should tackle the Swampman objection head-on. (shrink)