Internalists about reasons following Bernard Williams claim that an agent’s normative reasons for action are constrained in some interesting way by her desires or motivations. In this paper, I offer a new argument for such a position—although one that resonates, I believe, with certain key elements of Williams’ original view. I initially draw on P.F. Strawson’s famous distinction between the interpersonal and the objective stances that we can take to other people, from the second-person point of view. I suggest that (...) we should accept Strawson’s contention that the activity of reasoning with someone about what she ought to do naturally belongs to the interpersonal mode of interaction. I also suggest that reasons for an agent to perform some action are considerations which would be apt to be cited in favor of that action, within an idealized version of this advisory social practice. I then go on to argue that one would take leave of the interpersonal stance towards someone—thus crossing the line, so to speak—in suggesting that she do something one knows she wouldn’t want to do, even following an exhaustive attempt to hash it out with her. An internalist necessity constraint on reasons is defended on this basis. (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)

This article provides a critical introduction to contractualism as a moral or ethical theory, that is, as a theory of the rightness and wrongness of individual conduct – focusing specifically on the influential 'Kantian' version of contractualism due to T. M. Scanlon. I begin by elucidating the key features of Scanlon's contractualism: justifiability to others; reasonable rejectability; the individualist restriction; and mutual recognition. I then turn to discuss both its appeal and the main objections that have been raised to it (...) – objections concerning our duties to the cognitively limited and impaired, aggregation, demandingness, normativity and explanatory adequacy. I conclude by mentioning some contractualist alternatives to Scanlon's theory. (shrink)

The attempt to vindicate the objectivity of morality tops the list of philosophical obsessions. In this paper I consider the rationality of searching for such a vindication. I argue that the only justification of our efforts lies in our belief in moral objectivity; that this belief can be as well, if not better, explained by wishful thinking and other cognitive biases; that as a research community we have failed to take precautions against such biases; and that as a result we (...) have been making disproportionate, and therefore irrational, efforts to establish moral objectivity. (shrink)

The most popular argument against moral realism is the argument from disagreement: if there are mind‐independent moral facts, then we would not expect to find as much moral disagreement as we in fact do; therefore, moral realism is false. In this paper, I develop the flipside of this argument. According to this argument from agreement, we would expect to find lots of moral disagreement if there were mind‐independent moral facts. But we do not, in fact, find much moral disagreement; therefore, (...) moral realism is false. I defend the argument, explain the empirical evidence that supports it, and show what makes this challenge novel and powerful. (shrink)

Th e contemporary right to freedom of thought together with all its further declinations into freedom of speech, religion, conscience and expression, had one of its earliest historical recognitions at the end of the Wars of Religion with the Edict of Nantes (1598). In several respects one can saythat the right to freedom of thought is virtually “co-original” with the endof the Wars of Religion. Following this thought further, one might think that human rights defi ne the boundaries of our (...) social coexistence and are inextricably connected to the “fact” of cultural pluralism. (shrink)

Elqayam & Evans (E&E) suggest descriptivism as a way to avoid fallacies and research biases. We argue, first, that descriptive and prescriptive theories might be better off with a closer interaction between and Moreover, while we acknowledge the problematic nature of the discussed fallacies and biases, important aspects of research would be lost through a broad application of descriptivism.

Elqayam & Evans suggest descriptivism as a way to avoid fallacies and research biases. We argue, first, that descriptive and prescriptive theories might be better off with a closer interaction between and Moreover, while we acknowledge the problematic nature of the discussed fallacies and biases, important aspects of research would be lost through a broad application of descriptivism.

A popular accusation against moral relativism is that it goes too far in its vindication of tolerance. The idea behind accusations like this can be summarized in the slogan, frequently attributed to relativism, that “anything goes”. The aim of this paper is to defend moral relativism from the accusation that it is an “anything goes” view; from the accusation that it forces us to suspend our judgment in cases in which we do not think we should even be allowed to. (...) In the end, relativism is not an “anything goes” view because it is not a view about what goes, but about the way things go—about what goes on when we say that something is morally right or wrong. There is indeed a view, sometimes called “relativism”, that forces us to suspend our judgment about practices that do not allow for such comfort, but it is not so much moral relativism as moral contextualism. Apparently, though, the most salient alternative to “anything goes” views such as contextualism is not moral relativism. It is moral objectivism, according to which there is a fact of the matter about moral issues. However, I show that moral objectivism too ends up being an “anything goes” view unless the objectivist takes herself to be endowed with “God’s point of view”, which I prove troublesome. (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)

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.

Over the past 20 years, there has been a huge amount of work on which things you can kill in self‐defense and why. This paper surveys that work.

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)

RÉSUMÉEn réponse à Paul Hurley, je soutiens que l'argument de la triangulation de Donald Davidson ne peut s'appliquer aux croyances normatives que si ces croyances correspondent à des propriétés à la fois normatives et causales. L'argument engage donc Davidson à une forme de naturalisme non-réductif et étonnamment non-révisionniste. En réponse à Kirk Ludwig, je soutiens que Davidson avait de bonnes raisons d'abandonner les théories humiennes des pro-attitudes, parce qu'il avait de bonnes raisons d'accepter la forme de naturalisme non-réductive et non-révisionniste (...) qui émerge une fois que l'argument de la triangulation est appliqué aux croyances normatives. (shrink)

This dissertation investigates the plausibility of metaethical relativism, or more specifically, what I call “moral truth-value relativism”: the idea that the truth of a moral statement or belief depends on who utters or has it, or who assesses it. According to the most prevalent variants of this view in philosophical literature – “standard relativism” – the truth-values are relative to people’s moralities, often understood as some subset of their affective or desirelike attitudes. Standard relativism has two main contenders: absolutism – (...) the view that the truth-values of moral statements and beliefs do not vary in that way – and non-cognitivism – the view that moral judgements do not have truth-values, since they express affective or desire-like attitudes rather than beliefs. Almost the entire dissertation concerns the plausibility of standard relativism in contrast to absolutism. Part 1 examines first the two main arguments for standard relativism: that it accounts for the connection between moral judgements and motivation (chapter 2), and for the prevalence of diversity of moral opinion (chapter 3). Then the most common objection is considered: that it is inconsistent with the existence of genuine moral disagreements (chapter 4). I argue that these arguments are inconclusive. Both relativism and absolutism can account for the features discussed. Part 2 focuses on the fact that different people have different strongly held intuitions about the relative or absolute nature of morality. I argue that given a common methodological approach in philosophy and metaethics, which takes such intuitions as evidence of correct analyses, this difference in intuitions suggests that neither a relativist nor absolutist analysis can be correct for everyone’s moral judgements. I argue that this result holds both given semantic internalism (chapter 6) and given semantic externalism (chapter 7). To get one single analysis of everyone’s moral judgements we would have to abandon the intuitionbased methodology. In chapter 8, however, I argue that we can maintain this methodology if we accept analysis pluralism, the view that different analyses hold for different people’s moral judgements. (shrink)

Suppose that we have negative, natural rights to our lives, liberty, and possessions and that these rights are absolute or indefeasible. Then at best onlyminimal stateswill be legitimate, where such are states that restrict their activities to the enforcement of the basic rights of individuals and the like. Such appears to be the consequence of absolute natural rights. When made aware of these implications of absolute natural rights, many philosophers deny their existence. In the absence of a convincing defense of (...) absolute natural rights, the defense of the minimal state thereby loses force. (shrink)

This paper investigates a series of normative principles that are used to justify different aspects of executive compensation within business firms, as well as the remuneration of lower-ranking employees. We look at how businesses perform pay benchmarking; employees’ engagement, fidelity and loyalty ; and the acceptability of what we call both-ends-dipping, that is, receiving both ex ante and ex post benefits for the same work. We make two observations. First, either different or incoherent principles are used to justify the pay (...) of executives compared to employees, or the same principles are applied differently. Second, these differences or inconsistencies tend to be to the benefit of executives and/or to the detriment of employees. We conclude by asking whether there is any reason for thinking differently about executive pay than we do about employee pay. Our analysis leads us to question the principles justifying current executive compensation and to wonder if these principles are potentially being instrumentalized to serve other ends. (shrink)

This paper investigates a series of normative principles that are used to justify different aspects of executive compensation within business firms, as well as the remuneration of lower-ranking employees. We look at how businesses perform pay benchmarking; employees’ engagement, fidelity and loyalty ; and the acceptability of what we call both-ends-dipping, that is, receiving both ex ante and ex post benefits for the same work. We make two observations. First, either different or incoherent principles are used to justify the pay (...) of executives compared to employees, or the same principles are applied differently. Second, these differences or inconsistencies tend to be to the benefit of executives and/or to the detriment of employees. We conclude by asking whether there is any reason for thinking differently about executive pay than we do about employee pay. Our analysis leads us to question the principles justifying current executive compensation and to wonder if these principles are potentially being instrumentalized to serve other ends. (shrink)

Many would consider the lengthening debate between moral realists and anti-realists to be draw-ish. Plainly new approaches are needed. Or might the issue, which most broadly concerns realism in relation to normative judgments, be broken down into parts or sectors? Physicists have been saying, in relation to a similarly longstanding debate, that light in some respects behaves like waves and in some respects like particles. Might realism be more plausible in relation to some kinds of normative judgments than others?

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)

Rudyard Kipling famously penned, “East is East, West is West, and never the twain shall meet.” His poetic line suggests that Eastern and Western cultures are irreconcilably different and that their members engage in fundamentally incommensurable ethical practices. This paper argues that differing cultures do not necessarily operate by incommensurable moral principles. On the contrary, if we adopt a virtue ethics perspective, we discover that East and West are always meeting because their virtues share a natural basis and structure. This (...) article sketches the rudiments of what a universal virtue ethic might look like. Such an ethic is especially relevant and valuable in this era of global business. (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)

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)

Many would consider the lengthening debate between moral realists and anti-realists to be draw-ish. Plainly new approaches are needed. Or might the issue, which most broadly concerns realism in relation to normative judgments, be broken down into parts or sectors? Physicists have been saying, in relation to a similarly longstanding debate, that light in some respects behaves like waves and in some respects like particles. Might realism be more plausible in relation to some kinds of normative judgments than others?

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.

This article analyzes the relationship between Van Gogh and two of his doctors, Dr. Rey and Dr. Gachet, whose portraits he painted, by comparing their rapport with the sick painter and vice versa. Van Gogh the patient/artist—presented here as a case study—enables us to examine not only his projections but the counter-projections of his doctors, whether in writing (Dr. Rey) or in painting (Dr. Gachet), and to explore the psychological and ethical tensions these projections give rise to. Van Gogh's portraits (...) of the two doctors offer two contrastive models: estrangement vis-à-vis “doubling” and symbiosis. Whereas Dr. Rey catered for Van Gogh's maternal needs and misunderstood his artistic needs, Dr. Gachet identified with his patient's talent and drew his face (death mask) after his suicide. The central ethical question that arises from the analysis of Van Gogh's relationship with his two doctors is whether we can extend our moral judgments beyond the cultural bounds of a specific historical context. (shrink)

In this article, various objections will be discussed that have been put forward against ethical relativism, but which haven’t been considered seriously enough on the part of relativists and have been overrated on the part of their opponents. The objections will be concentrated into three arguments: the action-theoretic, the epistemological and the truth-theoretic argument. The article will discuss whether they can be rebutted by proponents of the two main types of relativism: indexical relativism and truth-relativism. The conclusion will be as (...) follows: one version of indexical relativism, the analytical version, gets into serious troubles by the action-theoretic argument, while its revisionary version will remain unaffected, the epistemological argument fails with respect to indexical relativism and stands on shaky ground as regards truth-relativism, the truth-theoretic argument puts considerable pressure on truth-relativism. (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)

I am concerned with values in the descriptive rather than in the normative sense. I am interested in theories that seek to explain one or another aspect of people's moral psychology. Why do people value what they value? Why do they have other moral reactions? What accounts for their feelings, their motivations to act morally, and their opinions about obligation, duty, rights, justice, and what people ought to do? A moral theory like utilitarianism may be put forward as offering the (...) correct normative account of justice, or of the good, or of what people ought morally to do. The answers such a theory offers may be surprising in suggesting that what people ought to do is quite different from what they think they ought to do. I am not concerned with normative moral theories of this revisionary sort. Indeed, I am interested in less revisionary normative theories only to the extent that they can be reinterpreted as offering potential explanations of people's actual moral reactions. (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.

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)

Cultural pluralism is both a fact and a norm. It is a fact that our world, and indeed our society, are marked by a large diversity of cultures delineated in terms of race, class, gender, ethnicity, religion, ideology, and other partly interpenetrating variables. This fact raises the normative question of whether, or to what extent, such diversities should be recognized or even encouraged in policies concerning government, law, education, employment, the family, immigration, and other important areas of social concern.

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)

In this article I ask how moral relativism applies to the analysis of responsibility for mass crime. The focus is on the critical reading of two influential relativist attempts to offer a theoretically consistent response to the challenges imposed by extreme criminal practices. First, I explore Gilbert Harman’s analytical effort to conceptualize the reach of moral discourse. According to Harman, mass crime creates a contextually specific relationship to which moral judgments do not apply any more. Second, I analyze the inability (...) thesis, which claims that the agents of mass crime are not able to distinguish between right and wrong. Richard Arneson, Michael Zimmerman and Geoffrey Scarre do not deny the moral wrongness of crime. However, having introduced the claim of authenticity as a specific feature of the inability thesis, they maintain that killers are not responsible. I argue that these positions do not hold. The relativist failure to properly conceptualize responsibility for mass crime follows from the mistaken view of moral autonomy, which then leads to the erroneous explanation of the establishment, authority and justification of moral judgments. (shrink)

This paper discusses practical akrasia from the perspective of the sophisticated form of moral subjectivism that can be derived from Nuno Venturinha’s remarks on moral matters.

Moral realists often assume that folk intuitions are predominantly realist, and they argue that this places the burden of proof on antirealists. More broadly, appeals to intuition in metaethics typically assume that folk judgments are generally consistent across individuals, such that they are at least predominantly something, if not realist. A substantial body of empirical work on moral objectivism has investigated these assumptions, but findings remain inconclusive due to methodological limitations. Objectivist judgments classify individuals into broad categories of realism and (...) antirealism, but they do not address more specific conflicts in the metaethical literature between different types of realism and antirealism, such as between nonnaturalism and divine command theory, or between noncognitivism and error theory. Further, the data currently show that the folk are objectivists about some moral claims but not others, raising questions that have not been addressed in previous studies about how much of the moral domain is judged to be objective, and about how endorsements of different types of realism and antirealism are distributed among different types of moral claims. Here, I present a new survey that addresses these limitations. The results challenge both of the empirical assumptions identified above, with important implications for metaethical methodology. (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)