Consider the following facts about the average, philosophically untrained moral relativist: (1.1) The average moral relativist denies the existence of “absolute moral truths.” (1.2) The average moral relativist often expresses her commitment to moral relativism with slogans like ‘What’s true (or right) for you may not be what’s true (or right) for me’ or ‘What’s true (or right) for your culture may not be what’s true (or right) for my culture.’ (1.3) The average moral relativist endorses relativistic views of morality (...) without endorsing relativistic views about science or mathematics. (1.4) The average moral relativist takes moral relativism to be non-relatively true and does not think there is anything contradictory about doing so. (1.5) The average moral relativist adopts an egalitarian attitude toward a wide range of moral values, practices and beliefs, claiming they are all equally legitimate or correct. (1.6) The average moral relativist often admonishes others to be more tolerant of those who engage in alternative ethical practices and to refrain from making negative moral judgments about them. (1.7) The average moral relativist sometimes makes negative moral judgments about the behavior of others—e.g., by harshly judging moral absolutists to be intolerant—but is less inclined to do so when the relativist’s metaethical views are salient in a context of judgment. (1.8) The average moral relativist takes anthropological evidence concerning the worldwide diversity of ethical views and practices to support moral relativism. (shrink)

Although relativism may be said to be one of the oldest doctrines in philosophy, dating back to the teachings of Protagoras in the 5th century B.C., when it comes to contemporary philosophy, there is no consensus on what makes a view qualify as "relativist". The problem is particularly accute in metaethics, since most of the views that up to a decade ago were described as “relativist” would be more accurately described as "contextualist" or even “expressivist” in light of the distinctions (...) currenty drawn in philosophy of language and semantics. In this chapter, we distinguish two construals of relativism, developed in sections 2 and 3 respectively: the “metaphysical” construal, based on the idea that there is no single, absolute, universal morality, and the “semantic” construal, based on the idea that the truth value of moral claims is relative to a set of moral standards, or moral practices, or some other suitable parameter. Section 1 introduces the core relativist ideas in an informal way, and warns against possible misinterpretations. (shrink)

If someone disagrees with my moral views, or more generally if I’m in a group of n people who all disagree with each other, but I don’t have any special evidence or basis for my epistemic superiority, then it’s at best a 1-in-n chance that my views are correct. The skeptical threat from disagreement is thus a kind of moral lottery, to adapt a similar metaphor from Sharon Street. Her own genealogical debunking argument, as I discuss, relies on a premise (...) of such disagreement among evolutionary counterparts. -/- In this paper, I resist the threat from disagreement by showing that, on some of the most influential and most attractive theories of content determination, the premise of moral disagreement cannot serve any skeptical or revisionary purposes. I examine and criticize attempts, made by Gilbert Harman and Sharon Street, to argue from disagreement to relativism by relying on a theory of content determination that involves a principle that, within certain constraints, maximizes the attribution to us of true beliefs. And I examine and criticize Robert Williams’s attempt to show there is moral disagreement by relying on a theory of content determination that involves a principle that instead maximizes the attribution to us of rationality. My overall aim is to defend commonsense moral realism via a careful look at the theory of content and concepts. (shrink)

Ethics is frequently concerned with how to resolve clashes between competing claims from claimants of different kinds. The idea of moral status is crucial to understanding how (1) competing claims...

Traditional expressivists want to preserve a contrast between the representational use of declarative sentences in descriptive domains and the non-representational use of declarative sentences in other areas of discourse. However, expressivists have good reasons to endorse minimalism about representational notions, and minimalism seems to threaten the existence of such a bifurcation. Thus, there are pressures for expressivists to become global anti-representationalists. In this paper I discuss how to reconstruct in non-representationalist terms the sort of bifurcation traditional expressivists were after. My (...) proposal is that the relevant bifurcation can be articulated by appeal to the contrast between relativistic and non-relativistic assertoric practices. I argue that this contrast, which can be specified without appeal to representational notions, captures the core intuitions behind the expressivist bifurcation. (shrink)

Bernard Williams is a sceptic about the objectivity of moral value, embracing instead a qualified moral relativism—the ‘relativism of distance’. His attitude to blame too is in part sceptical. I will argue that the relativism of distance is unconvincing, even incoherent; but also that it is detachable from the rest of Williams's moral philosophy. I will then go on to propose an entirely localized thesis I call the relativism of blame, which says that when an agent's moral shortcomings by our (...) lights are a matter of their living according to the moral thinking of their day, judgements of blame are out of order. Finally, I will propose a form of moral judgement we may sometimes quite properly direct towards historically distant agents when blame is inappropriate—moral-epistemic disappointment. Together these two proposals may help release us from the grip of the idea that moral appraisal always involves the potential applicability of blame, and so from a key source of the relativist idea that moral appraisal is inappropriate over distance. (shrink)

I respond to an argument made by Gunnar Björnsson and Ragnar Francén Olinder against motivational internalism. Björnsson and Olinder present a hypothesis in which all of us are selfishly motivated to act in accordance with our moral judgments. The conceivability of such a possibility, they argue, rules out motivational internalism. I argue that this is not the case, and that, according to one dominant view about moral judgments, the agents in the hypothesis do not make genuine moral judgments. One therefore (...) cannot argue decisively against motivational internalism without arguing against this view about moral judgments. (shrink)

Gauthier's title is potentially misleading. The phrase “morals by agreement” suggests a social contract theory of morality according to which basic moral principles arise out of an actual or hypothetical agreement. John Rawls defends a hypothetical agreement version, arguing that the basic principles of justice are those that would be agreed to in an initial position of fair equality. I myself defend an actual agreement version, arguing that the moral principles that apply to a person derive from implicit conventions the (...) person has accepted in dealing with other people. Gauthier's view is different from either of these sorts of contract theory. Instead, he holds that certain basic principles of impartiality are prior to actual agreements. (shrink)

Thesis (Ph. D.)--University of Hawaii at Manoa, 1991.

I consider here the issue of whether and to what extent moral truths are absolute. My aim is to raise some new considerations in favor of moral relativism: the thesis that some moral statements can vary in truth-value depending on the moral standards at issue.1 2 This paper has three major components. First, I describe a new puzzle concerning the possibility of moral knowledge in light of expert disagreement. I argue that the best solution to this puzzle requires moral relativism. (...) Second, I develop a notion of a moral standard that incorporates recent developments in moral psychology, including work by.. (shrink)

Ethical disputes arise over differences in the content of the ethical beliefs people hold on either side of an issue. One person may believe that it is wrong to have an abortion for financial reasons, whereas another may believe it to be permissible. But, the magnitude and difficulty of such disputes may also depend on other properties of the ethical beliefs in question—in particular, how objective they are perceived to be. As a psychological property of moral belief, objectivity is relatively (...) unexplored, and we argue that it merits more attention. We review recent psychological evidence which demonstrates that individuals differ in the extent to which they perceive ethical beliefs to be objective, that some ethical beliefs are perceived to be more objective than others, and that both these sources of variance are somewhat systematic. This evidence also shows that differences in perceptions of objectivity underpin quite different psychological reactions to ethical disagreement. Apart from reviewing this evidence, our aim in this paper is to draw attention to unanswered psychological questions about moral objectivity, and to discuss the relevance of moral objectivity to two issues of public policy. (shrink)

Here I discuss the conceptual structure and core semantic commitments of reason-involving thought and discourse needed to underwrite the claim that ethical normativity is not uniquely queer. This deflates a primary source of ethical scepticism and it vindicates so-called partner in crime arguments. When it comes to queerness objections, all reason-implicating normative claims—including those concerning Humean reasons to pursue one's ends, and epistemic reasons to form true beliefs—stand or fall together.

The purpose of this paper is to defend G. E. Moore's open question argument, understood as an argument directed against analytic reductionism, the view that moral properties are analytically reducible to non-moral properties. In the first section I revise Moore's argument in order to make it as plausible and resistant against objections as possible. In the following two sections I develop the argument further and defend it against the most prominent objections raised against it. The conclusion of my line of (...) reasoning is that the open question argument offers the best explanation of our responses to the questions put in the argument, namely that analytic reductionism is mistaken. (shrink)

Several prominent philosophers believe that moral facts are facts about what reasons we have, and that this entails that moral judgments are necessarily and inherently motivating. According to this argument, if morality cannot move us, then it is hard to understand how it could be sensibly regarded as action-guiding or normative. That is, they endorse a traditional argument for motivational judgment internalism based on moral rationalism. This paper criticizes this argument, and argues instead that there is no necessary or conceptual (...) connection between moral facts and motivation. First, I formulate MJI as the thesis that moral judgments are necessarily and inherently motivating, and introduced several refinements designed to accommodate some plausible exceptions to the initial formulation. I then introduce MR as the thesis that moral facts are identical with or analyzable in terms of facts about requirements of reason. MR is ambiguous between an interpretation that analyzes moral requirements in terms of motivating reasons, and is also subject to various possible refinements, and an interpretation that proceeds in terms of justifying reasons. Finally, I argue that neither interpretation entails any interesting or plausible formulation of MJI. If the argument of this paper are sound, then there is no important connection between moral rationalism and motivational internalism. (shrink)

The prevailing theoretical framework for theorising about representation construes all representation as involving objective representational contents. This classic framework has tended to drive philosophers either to claim that evaluative judgements are representations and therefore objective, or else to claim that evaluative judgements are not really representations, because they are not objective. However, a more general, already well-explored framework is available, which will allow theorists to treat evaluative judgements as full-fledged representations while leaving open whether they are objective. Such a more (...) general conception of representational content is exemplified, e.g. by Lewis's ‘centred contents’ and Gibbard's framework of ‘contents of judgement’, thus it is not new. I shall start in §1 by introducing the more general framework of perspectival contents and then illustrate in §2 how awareness of it can help expose the fallaciousness of certain widely used forms of argumentation in metaethics. (shrink)

Experimental philosophy is a new interdisciplinary field that uses methods normally associated with psychology to investigate questions normally associated with philosophy. The present review focuses on research in experimental philosophy on four central questions. First, why is it that people's moral judgments appear to influence their intuitions about seemingly nonmoral questions? Second, do people think that moral questions have objective answers, or do they see morality as fundamentally relative? Third, do people believe in free will, and do they see free (...) will as compatible with determinism? Fourth, how do people determine whether an entity is conscious? (shrink)

There are questions about how ethics is best taught to undergraduate business students. There has been a proliferation in the number of stand-alone ethics courses for undergraduate students but research on the effectiveness of integrated versus stand-alone mode of delivery is inconclusive. Christensen et al. :347–368, 2007), in a comprehensive review of ethics, corporate social responsibility and sustainability education, investigated how ethics education has changed over the last 20 years, including the issue of integration of these topics into the core (...) course offerings. We use Brenner and Molander’s :57–71, 1977) situational ethics survey instrument to examine the effect of the mode of delivery of business ethics education on undergraduate student responses. We found a significant difference on mode of delivery. Studies have also found interesting results in respect of the effect of cultural differences and gender on the effectiveness of business ethics instruction. While not the primary focus of this study, we also looked at the influence of gender and culture on students’ responses. Our results indicate significant differences in respect of mode of delivery and culture. In contrast to other studies, we found that gender was not significant. We did test for any interactive effects of gender, culture and mode of delivery. However, no significant differences were found. (shrink)

Some think that recent empirical research has shown that peoples' moral intuitions vary in a way that is hard to reconcile with the supposition that they are even modestly reliable. This is in turn supposed to generate skeptical conclusions regarding the claims and theories advanced by ethicists because of the crucial role intuitions have in the arguments offered in support of those claims. I begin by trying to articulate the most compelling version of this challenge. On that version, the main (...) problem is the absence of a believable positive account of the reliability of the intuitions . I then consider the response to this challenge that, in my view, holds most promise. It differs from others by invoking substantive moral assumptions. Such a strategy may appear problematically circular, in that the justification of those assumptions seems to presuppose the very thesis that is challenged . However, although I think that objection can be met, I argue that there are other problems with the strategy. On the basis of a set of conditions that a successful defense of the pertinent kind plausibly must satisfy, I argue that the prospects of developing such an account are bleak. (shrink)

Meta-ethics without normative ethics is empty. In the current climate this hardly needs emphasis: since 1960 or so philosophers in the English-speaking world have put away their earlier reluctance to think about substantive moral issues. For a while, in fact, it seemed that normative ethics would completely dominate the scene in the way metaethics once did, but, happily, this situation has begun to change with the appearance of a stimulating and illuminating body of work on the rational basis of morality. (...) Even those philosophers most intent on solving first-order moral problems have begun to realize that, in the last analysis, normative ethics without meta-ethics is blind. (shrink)

"What Is Cognitive Access?" PDF. Behavioral and Brain Sciences 30 (2007 [published 2008]): 505. Brief comments on a paper of Ned Block's. "Mechanical Mind," a review of Mind as Machine: A History of Cognitive Science by Margaret Boden. Online Published Version . From American Scientist (2008): 76-81.

The efficacy criterion of the FPL model wrongly takes the goals of practical inference to be uncontroversial. The robustness criterion is arbitrary; the accommodation criterion is too weak to differentiate between arch rival theories. All three criteria of FPL fail to address the relation between background philosophical theories and other elements of an inferential system.

According to a prominent approach in contemporary formal semantics, the truth of moral assertions depends on a normative perspective imposed on the facts of the world. The implementation of this approach known as indexical contextualism treats the dependence of moral truth on the corresponding moral perspective in analogy with the contextual dependence characteristic of sentences containing indexical terms. Alternatively, the moral perspective is seen as configuring the circumstances of evaluation in which the content expressed by the occurrence of a moral (...) sentence is evaluated as true or false. The moderate version of this alternative view (non-indexical contextualism) considers that the truth of the occurrence of a moral sentence in a context of use is determined by the evaluation of its content in “the circumstance of the context”: the circumstance of evaluation represented by the same indexed set that represents the context of use. The radical version (assessment relativism), in turn, makes the truth of the occurrence of a moral sentence in a context depend essentially on the value of the normative standard in another context, from which the original utterance is assessed. Taking the judgment on the moral status of polygamous marriage as an illustration, the present work examines the competing merits of contextualist and relativist accounts of the use of moral language, especially in situations of disagreement and debate. The paper argues that, while indexical contextualism coupled with adequate pragmatic considerations can explain some relevant disagreement data, the alternative explanation of these data given by non-indexical contextualism is preferable, because it is simpler and more economical. It is also argued that relativism of assessment is better situated than non-indexical contextualism to explain the relevant phenomena of obligatory retraction and therefore to accommodate some discursive possibilities that play a central role in moral debates. (shrink)

Moral error theorists argue that moral thought and discourse are systematically in error, and that nothing is, or can ever be, morally permissible, required or forbidden. I begin by discussing how error theorists arrive at this conclusion. I then argue that if we accept a moral error theory, we cannot escape a pressing problem – what should we do next, metaethically speaking? I call this problem the ‘what now?’ problem, or WNP for short. I discuss the attempts others have made (...) to respond to the WNP, and in each case I show that the responses fail to be satisfying. I then propose a new response to the WNP, which I call revolutionary relativism. I define revolutionary relativism, explain why it is preferable to the existing responses to the WNP, and defend it against the most problematic objections I anticipate that opponents might raise. I conclude that revolutionary relativism succeeds where previous WNP responses fail, and that if we accept a moral error theory, we should become revolutionary relativists. (shrink)

We propose a liminality-based analysis of the process of ethical leadership/followership in organizations. A liminal view presents ethical leadership as a process taking place in organizational contexts that are often characterized by high levels of ambiguity, which render the usual rules and preferences dubious or inadequate. In these relational spaces, involving leaders, followers, and their context, old frames may be questioned and new ones introduced in an emergent way, through subtle processes whose evolution and implications may not be easy to (...) grasp even by those participating in them. (shrink)

We propose a liminality-based analysis of the process of ethical leadership/followership in organizations. A liminal view presents ethical leadership as a process taking place in organizational contexts that are often characterized by high levels of ambiguity, which render the usual rules and preferences dubious or inadequate. In these relational spaces, involving leaders, followers, and their context, old frames may be questioned and new ones introduced in an emergent way, through subtle processes whose evolution and implications may not be easy to (...) grasp even by those participating in them. (shrink)

Internalism--The view that one can have a reason such as to justify an action only if one is moved to do that action--Cannot account for what a child must learn in order to be moved to keep a promise. Nor can it account for the relevance of the considerations that the child must come to understand in order to understand the wrongness of racism. Therefore there is good reason to think internalism false.

Contemporary philosophers offer three kinds of justification for morality. Some, following plato, claim that morality is justified by self-interest. Others, following hume as he is frequently interpreted, claim that morality is justified in terms of other-regarding interests, wants or intentions that people happen to have. And still others, following kant, claim that morality is justified in terms of the requirements of practical reason. In "the moral point of view" published in 1958 and in a series of articles continuing to the (...) present, kurt baier has defended this third sort of justification for morality. In this paper, after years of respectful opposition, i join forces with baier and argue that only a justification of this third sort can be fully adequate and then only when it is developed in a certain way. I begin by showing what is wrong or defective in the other justifications. Then i consider attempts by baier and others to elaborate the third sort of justification. Drawing upon their work, i present a justification based on the requirements of practical reason that succeeds in demonstrating that the rational egoist acts contrary to reason. (shrink)

It was the explicit aim of my paper ‘Indexical Relativism versus Genuine Relativism’ to ‘characterize and compare’ (p. 297) two different forms of relativism. One form, exemplified by Harman’s and Dreier’s moral relativism (Harman, 1975 and Dreier, 1990), involves the claim that certain sentences express different propositions in different contexts of utterance, much like indexical sentences – hence the name ‘indexical relativism’. The other form involves the claim that the truth-value of certain contents or propositions depends on certain non-standard parameters, (...) i.e. depends not just on a possible world. The explicit conclusion of the paper was that the two forms differ significantly. Dan López de Sa (2007) seems quite happy to grant my main conclusion, namely that there is a significant difference between these two forms of relativism. However, López de Sa raises two worthwhile issues. First, he proposes a taxonomy of relativist views, one on which my ‘genuine relativism’ turns out to be the disjunction of two distinct views. Secondly, he offers an answer to a difficulty I raised for some forms of indexical relativism. I shall comment on each point. (shrink)

The goal of this paper is two-fold. First, I begin by reviewing several of themajor points of emphasis among health educatorsas they begin to incorporate multiculturalissues into healthcare education. I thenconsider the role of moral relativism, which iscurrently being endorsed by some healtheducators, as the foundation for resolvingcross-cultural conflicts in healthcare. Iargue that moral relativism is ultimatelyinconsistent with the stated goals inmulticultural curricular proposals and fails toprovide an effective framework for consideringmoral conflicts in cross-cultural settings. Instead, I propose that those (...) methods seekingto establish a common morality, built uponmutually shared values, offer the mostpromising means of resolving cross-culturalconflicts. This leads to my second goal, tocompare recent work in moral pragmatism withwhat is now widely known in bioethics as moral``principlism.'' I argue that while proponentsof principlism and pragmatism each seek toestablish a common foundation for moraldeliberation, they fail to appreciatesignificant similarities between theirrespective approaches. Instead of offeringtwo completely unique and independent methodsof moral deliberation, I suggest thatprinciplism and pragmatism embrace commonthemes that point us in a positive direction,providing an effective framework useful forconsidering cross-cultural conflicts inhealthcare. (shrink)

Whereas epistemology is the philosophical theory of knowledge, its nature and scope, metaepistemology takes a step back from particular substantive debates in epistemology in order to inquire into the assumptions and commitments made by those who engage in these debates. This entry will focus on a selection of these assumptions and commitments, including whether there are objective epistemic facts; and how to characterize the subject matter and the methodology of epistemology.

Bernard Williams proposed his relativism of distance based on the recognition “that others are at varying distances from us”. Recent work in moral psychology and experimental philosophy highlights the prevalence of folk relativism in relation to spatial and temporal distance. However, Williams’ relativism of distance as well as recent empirical findings which seem to support some of Williams’ main ideas on this issue have received scant attention. In this article, we would like to focus on the phenomenon of moral relativism (...) regarding spatiotemporal distance as an entry point to the nature of folk moral relativism and the methodology of meta-ethics. To do so, we first introduce Williams’ relativism of distance. Then we compare Williams’ approach on this matter to recent experimental approaches on folk relativism. On this score the main result is that Williams’ proposal is consistent with several well-established insights on the experimental study of folk relativism. Williams’ relativism of distance is not only empirically plausible, but it is also of relevance for shaping the methodology of an empirically informed meta-ethics. We close this paper by stressing this methodological contribution. (shrink)

The Water Margin is one of the four great classical novels of China. It describes how people from different walks of life were driven to become outlaws as a result of poor governance and widespread corruption. These outlaws have been regarded by some commentators as heroes, despite the fact that they perform wanton killing, over retribution, and cannibalism. Liu Zaifu 劉再復 argues that the novel has contributed to the moral downfall of the Chinese people. In this essay, I put forward (...) various arguments in objection to Liu. I think Liu’s argument is unsound, partly because he fails to address the nature of the cultural confrontation between modern readers and The Water Margin. By conducting an evaluation of Liu, I also consider a range of issues concerning how we may understand The Water Margin, and how the novel may morally relate to us in modern society. (shrink)

What response is to be given to the immoralist's question ‘Why should I be just?’? I say ‘response’ because it is not clear that the immoralist is looking for an answer. His question seems to be rhetorical, even contemptuous. It nevertheless presents a challenge to morality. The immoralist's position is that it is irrational to take justice and fairness seriously and that his own advantage or self-interest is the only rational consideration for him. This is not a moral position although (...) it is a normative position; the immoralist has an alternative to the moral life but not an alternative morality. The immoralist is not a moralist with idiosyncratic views on what is just and fair—what he might call ‘true’ justice or ‘natural’ justice. On the contrary, where some co-operative mutually beneficial project is involved he presumably recognizes what is fair much as we all do. What he does not recognize is the rationality of being fair. Nor is this because he thinks there is some other consideration which overrides justice in this particular case. He does not deal with our complaint ‘But that isn't fair!’ by presenting other, allegedly overriding, considerations. Rather, such a complaint is not granted an initial relevance. ‘Why should I be just?’ he says. (shrink)

It has been argued that if non-human animals had rights we should be obliged to defend them against predators. I contend that this either does not follow, follows in the abstract but not in practice, or is not absurd. We should defend non-humans against large or unusual dangers, when we can, but should not claim so much authority as to regulate all the relationships of wild things. Some non-human animals are members of our society, and the rhetoric of 'the land (...) as a community' is an attempt, paralleling that of humanism, to create the moral ideal of Earth's Household. But wild animals should be considered as Nozick's 'independents' and have correspondingly fewer claims on our assistance than members of our society. They still have some claims, often strong ones. (shrink)

This paper starts by addressing some objections to the very idea of aggregate social good. The paper goes on to review the case for letting aggregate social good be not only morally relevant but also sometimes morally decisive. Then the paper surveys objections to letting aggregate social good determine personal or political decisions. The paper goes on to argue against the idea that aggregate good is sensitive to desert and the idea that aggregate good should be construed as incorporating agent-relativity.

I argue that motivational internalism should not be driving metaethics. I first show that many arguments for motivational internalism beg the question by resting on an illicit appeal to internalist assumptions about the nature of reasons. Then I make a distinction between weak internalism and the weakest form of internalism. Weak internalism allows that agents fail to act according to their normative judgments when they are practically irrational. I show that when we clarify the notion of practical irrationality it does (...) not support motivational internalism. Weakest internalism only claims that agents are irrational if they entirely lack motivation to do what they judge they ought to. I do not argue against weakest internalism, but I argue that it is not an important view. (shrink)

Metaethical contextualism is a form of moderate contextualism according to which the truth-conditions of normative utterances are sensitive to some salient standard, norm, or theory that is determined by the context of utterance. Metaethical contextualism implies that two speakers might utter grammatically contradictory normative sentences without expressing contradictory propositions, leaving the view vulnerable to the 'problem of lost disagreement'. The problem of lost disagreement occurs when two parties to a dispute disagree, but their utterances don't express exclusionary truth-conditional content: they (...) might both be right. While metaethical contextualists have proposed plausible solutions to the problem of lost disagreement, these solutions are ultimately unsatisfying, at least in contexts where one would expect exclusionary truth-conditional content. In this paper, I develop a form of metaethical contextualism that predicts exclusionary truth-conditional content in some contexts of disagreement, thereby assuaging any concerns that metaethical contextualism fails to adequately account for normative disagreement. (shrink)

One of the most difficult challenges of mature legal systems is the need to balance the conflicting demands of stability and flexibility. The demand for flexibility is at odds with the principle of impartiality, which is considered a cornerstone of the rule of law. In the present article, I explore the way in which the law copes with this dilemma by developing the idea of tolerance of incoherence. I argue that tolerance of incoherence emerges from the interplay between the inferential (...) and lexical-semantic rules that determine the meaning of legal speech acts. I base this argument on an inferential model of speech acts, which I develop through a discussion of graded speech acts, and on the idea that the use of speech acts is governed by multiple and potentially conflicting conventions. I show how this tolerance allows the law to resolve the tension between dynamism and traditionality, and discuss its sociological and moral implications. (shrink)

Legal realism comes in two main versions, namely American legal realism and Scandinavian legal realism. In this article, I shall be concerned with the Scandinavian realists, who were naturalists and non-cognitivists, and who maintained that conceptual analysis is a central task of legal philosophers, and that such analysis must proceed in a naturalist, anti-metaphysical spirit. Specifically, I want to consider the commitment to ontological naturalism and non-cognitivism on the part of the Scandinavians and its implications for their view of the (...) nature of law. I argue that the Scandinavians differ from legal positivists in that they reject the idea that there are legal relations, that is, legal entities and properties, and to varying degrees defend the view that law is a matter of human behavior rather than legal norms, and that they do not and cannot accept the idea that there is a ‘world of the ought’ in Kelsen's sense. I also argue, more specifically, that the objection to non-naturalist theories raised by the Scandinavians—that there is and can be no connection between the higher realm of norms and values and the world of time and space—is convincing, and that Kelsen's introduction of a so-called modally indifferent substrate does nothing to undermine this objection. In addition, I argue that the Scandinavians can account for the existence of legal relations that do not presuppose the existence of morally binding legal norms by embracing conventionalism about the existence of the sources of law, while pointing out that in doing so they would also be abandoning their legal realism for legal positivism. Finally, I argue that the implications for legal scholarship of the realist emphasis on human behavior instead of legal norms is not well explained by the realists and appear to amount to little more than a preference for teleological interpretation of legal norms. (shrink)

Legal realism comes in two main versions, namely American legal realism and Scandinavian legal realism. In this article, I shall be concerned with the Scandinavian realists, who were naturalists and non-cognitivists, and who maintained that conceptual analysis is a central task of legal philosophers, and that such analysis must proceed in a naturalist, anti-metaphysical spirit. Specifically, I want to consider the commitment to ontological naturalism and non-cognitivism on the part of the Scandinavians and its implications for their view of the (...) nature of law. I argue that the Scandinavians differ from legal positivists in that they reject the idea that there are legal relations, that is, legal entities and properties, and to varying degrees defend the view that law is a matter of human behavior rather than legal norms, and that they do not and cannot accept the idea that there is a ‘world of the ought’ in Kelsen's sense. I also argue, more specifically, that the objection to non-naturalist theories raised by the Scandinavians—that there is and can be no connection between the higher realm of norms and values and the world of time and space—is convincing, and that Kelsen's introduction of a so-called modally indifferent substrate does nothing to undermine this objection. In addition, I argue that the Scandinavians can account for the existence of legal relations that do not presuppose the existence of morally binding legal norms by embracing conventionalism about the existence of the sources of law, while pointing out that in doing so they would also be abandoning their legal realism for legal positivism. Finally, I argue that the implications for legal scholarship of the realist emphasis on human behavior instead of legal norms is not well explained by the realists and appear to amount to little more than a preference for teleological interpretation of legal norms. (shrink)