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)

Constructivism in ethics is the view that insofar as there are normative truths, for example, truths about what we ought to do, they are in some sense determined by an idealized process of rational deliberation, choice, or agreement. As a “first-order moral account”--an account of which moral principles are correct-- constructivism is the view that the moral principles we ought to accept or follow are the ones that agents would agree to or endorse were they to engage in a hypothetical (...) or idealized process of rational deliberation. As a “metaethical account” – an account of whether there are any normative truths and, if so, what they are like – constructivism holds that there are normative truths. These truths are not fixed by facts that are independent of the practical standpoint, however characterized; rather, they are constituted by what agents would agree to under some specified conditions of choice. In working to provide a more precise definition of constructivism in metaethics, the focus of this entry, one faces two main difficulties. The first difficulty is that constructivism comes in several varieties, each of which claims a different niche within metaethics, and some claim no space at all. The second difficulty concerns where to place constructivism on the metaethical map in relation to realism and anti-realism. These are terms of art, and it is highly contested which views count as realist and which as antirealist. These two difficulties will be addressed in what follows by focusing on the distinctive questions that constructivist theories are designed to answer. Section §1 defines the scope of constructivism in ethics, in contrast to constructivism in political theory. Sections §§2-5 illustrate the main varieties of metaethical constructivism, which are designed to account for the nature of normative truths and practical reasons. Section §6 presents the main varieties of constructivist accounts of the justification of moral judgments of right and wrong. Section §7 discusses the metaethical status of constructivism, and its distinctive import. (shrink)

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

Moral language displays a characteristic duality. On the one hand, moral claims seem to be similar to descriptive claims: To say that an act is right seems to be a matter of making an assertion, thus indicating that the speaker has a moral belief about which she can be correct or mistaken. On the other hand, moral claims seem to be different from descriptive claims: There is a sense in which, by claiming that an act is right, a speaker indicates (...) that she is inclined to perform the act, to want others to perform it, and to react with praise towards those who do it. Hybrid theories maintain that utterances of moral sentences have both a descriptive and a practical linguistic function. In this thesis, I investigate how a hybrid theory can best accommodate the descriptive and the practical aspects of moral language. I evaluate and criticize the way that existing hybrid theories have proposed to explain the duality of moral language. The main arguments against these views are that they either: fail to accommodate the way that the practical or attitudinal import of moral claims vary across different contexts and linguistic environments; or that they fail to show how the practical or attitudinal import is reliably inferred by interlocutors in virtue of general communicative principles. I develop and defend a new hybrid theory called ‘dynamic descriptivism’. This theory accommodates the duality of moral language by appeal to the way that moral utterances affect a dimension of communication which consists of the shared assumptions that interlocutors mutually assume to mutually accept. Moreover, I discuss a problem which has affected a wide range of theories of moral language – including existing hybrid theories – which is the problem of explaining what it is that interlocutors disagree about when they disagree about matters of morality. I argue that that dynamic descriptivism offers new resources for solving this problem. (shrink)

The thesis aims at analyzing the concepts of risk and safety as well as the class of concepts to which they belong, thick concepts, focusing in particular on the normative aspects involved. Essay I analyzes thick concepts, i.e. concepts such as cruelty and kindness that seem to combine descriptive and evaluative features. The traditional account, in which thick concepts are analyzed as the conjunction of a factual description and an evaluation, is criticized. Instead, it is argued that the descriptive and (...) evaluative aspects must be understood as a whole. Furthermore, it is argued that the two main worries evoked against non-naturalism – that non-naturalism cannot account for disagreement and that it is not genuinely explanatory – can be met. Essay II investigates the utilization of the Kripke/Putnam causal theory of reference in relation to the Open Question Argument. It is argued that the Open Question Argument suitably interpreted provides prima facie evidence against the claim that moral kinds are natural kinds, and that the causal theory, as interpreted by leading naturalist defenders, actually underscores this conclusion. Essay III utilizes the interpretation of the Open Question Argument argued for in the previous essay in order to argue against naturalistic reduction of risk, i.e. reduction of risk into natural concepts such as probability and harm. Three different normative aspects of risk and safety are put forward – epistemic uncertainty, distributive normativity and border normativity – and it is argued that these normative aspects cannot be reduced to a natural measure. Essay IV provides a conceptual analysis of safety in the context of societal decision-making, and argues for a notion that explicitly includes epistemic uncertainty, the degree to which we are uncertain of our knowledge of the situation at hand. Some formal versions of a comparative safety concept are also proposed. Essay V puts forward a normative critique against a common argument, viz. the claim that the public should follow the experts’ advice in recommending an activity whenever the experts have the best knowledge of the risk involved. The importance of safety in risk acceptance together with considerations from epistemic uncertainty makes the claim incorrect even after including plausible limitations to exclude ‘external’ considerations. Furthermore, it is shown that the scope of the objection covers risk assessment as well as risk management. Essay VI provides a systematized account of safety engineering practices that clarifies their relation to the goal of safety engineering, namely to increase safety. A list of 24 principles referred to in the literature of safety engineering is provided, divided into four major categories. It is argued that important aspects of these methods can be better understood with the help of the distinction between risk and uncertainty, in addition to the common distinction between risk and probability. (shrink)

There was a time when meta-ethical expressivism seemed to be the only game in town for meta-ethical non-representationalists. In recent years, though, meta-ethical inferentialism has emerged as a promising non-representationalist alternative. So far, however, inferentialists lack something that would really allow them to draw level with expressivists. This is an explanation for the distinctive difference between normative and descriptive vocabulary when it comes to disagreement—something expressivists can explain in terms of the difference between representational and desire-like states and which constitutes (...) one of the primary motivations for expressivism. This paper develops a novel and distinctive account for this difference on behalf of inferentialists, based on the different functions of these two vocabularies. Not only does this account help inferentialists, it also shows how non-representionalist accounts can capture the relevant disagreement phenomena without appealing to the sorts of desire-like states expressivists tend to appeal to. (shrink)

This thesis offers a teleosemantic account of moral discourse and judgment. It develops a number of views about the function and content of moral judgments and the nature of moral discourse based on Ruth Millikan’s theory of intentional content and the functions of intentional attitudes. Non-cognitivists in meta-ethics have argued that moral judgments are more akin to desires and other motivational attitudes than to descriptive beliefs. I argue that teleosemantics allows us to assign descriptive content to motivational attitudes and hence (...) that even if the non-cognitivist is correct, moral judgments can be said to describe the world. Moreover, given further teleosemantic assumptions, this conclusion has consequences that are both surprising and interesting. First of all, while moral judgments have descriptive content, moral statements do not. The purpose of moral discourse is not to convey beliefs that are true simpliciter, but to convey attitudes that are descriptively correct when tokened by the addressee. Consequently, moral discourse requires speakers to adapt to hearers in order to secure their assent and bring them into "community of judgment" with themselves. Secondly, the descriptive content of a motivational attitude is partly a matter of the subject’s own preferences and circumstances. In particular, the descriptive correctness of a moral judgment is partly a function of the degree to which it is shared with others. Since a moral judgment also motivates the subject to spread it, it has the ability to, in a certain sense, make itself true. If regular descriptive beliefs are supposed to adapt the subject to the world, a moral judgment also has the capacity to adapt the world to the subject. (shrink)

É assumido com frequência que o chamado "argumento Frege-Geach" refuta o expressivismo, ou seja, a visão de que sentenças morais não são primariamente fatos situados, mas expressam atitudes ou emoções. Neste trabalho, tento refutar essa suposição e demonstrar que o argumento de Frege-Geach não representa uma ameaça séria para o expressivismo. Depois de uma apresentação inicial do argumento Frege-Geach, eu tento abrir o caminho para uma defesa do expressivismo por meio do delineamento do que o expressivista tem que fazer e (...) não fazer, a fim de defender-se contra aquela posição. Esta etapa preliminar, eu argumento, fornece ao expressivista uma resposta adequada à objeção de Frege-Geach. Finalmente, eu discuto a estratégia de Blackburn de defesa do expressivismo contra essa objeção e tento mostrar que, embora de forma não intencional por Blackburn, o fracasso dessa estratégia dá apoio ao expressivismo. (shrink)

This paper presents an empirical solution to the puzzle of weakness of will. Specifically, it presents a theory of action, grounded in contemporary cognitive neuroscientific accounts of decision making, that explains the phenomenon of weakness of will without resulting in a puzzle.

Over the course of the twentieth century, the logical space available to metaethics has been rather thoroughly mapped out. We now have a pretty good idea of the inhabitable terrain, and each bit of that terrain appears to be occupied by able defenders. So it comes as a surprise when Mark Timmons stakes out previously undiscovered and unclaimed territory. He defends a view that he labels “ethical contextualism,” a position that is at once naturalistic, nonreductive, nonrelativist, irrealist, nondescriptivist, and cognitivist. (...) The list may seem incoherent so as to risk identifying contextualism with a form of error theory, but Timmons thinks this is an illusion resulting from a failure to realize that not all assertions need be descriptive. Some assertions are evaluative assertions distinct from descriptive assertions. As assertions, they express beliefs, but not representational beliefs. (shrink)

El profesor Juan Carlos Bayón ha sostenido que el positivismo incluyente resultaría inaceptable por apoyarse en la idea de una convención social de seguir criterios no convencionales: si hubiera acuerdo sobre el contenido de esos criterios, ellos resultarían convencionales, y sin acuerdo, no habría práctica social convergente y, por ende, no habría en realidad una regla convencional. Así, el positivismo incluyente quedaría enfrentado a un dilema: o bien resulta indistinguible del positivismo excluyente, o bien no es una postura convencionalista en (...) absoluto. Este trabajo evaluará la posibilidad de una salida al dilema. Para ello, se efectuará un análisis de las diversas versiones del positivismo incluyente y sus límites a la luz de la objeción planteada. También se intentará demostrar la viabilidad de un contraargumento centrado en los alcances de la tesis de la convencionalidad, que bloquearía la acusación de inconsistencia teórica esgrimida en su contra. Professor Juan Carlos Bayón has argued that Inclusive Legal Positivism should be rejected because its plausibility depends on the idea of a social convention to follow nonconventional criteria of validity. In his view, if there were agreement on the content of these criteria, it would be impossible to sustain its non-conventional character; and without agreement, there would not be a common social practice, and thus no social rule would exist. Therefore, Inclusive Positivism faces a dilemma: being indistinguishable from Exclusive Positivism or not being a genuine form of conventionalism at all. This article evaluates a possible way out of this dilemma. It explores the different versions of Inclusive Legal Positivism and its limits, and tries to build an opposing argument grounded on the scope of the conventionality thesis that would rescue Inclusive Legal Positivism from the accusation of theoretical inconsistency. (shrink)

While the modern revival of virtue ethics largely looks back to Aristotle, most, if not all, versions of this trend continue to be much indebted to and/or based upon specific mid‐twentieth‐century neo‐naturalist and descriptivist critiques of prevailing antinaturalist trends of that time: specifically, upon Anscombe's critique of the ethics of duty and utility and of the so‐called modern moral ought, and Geach's robust defence of the descriptive character of moral and other goodness. However, in the wake of further critical attention (...) to these neo‐naturalist claims, this paper argues that there can ultimately be no reliable or secure logical or empirical grounding of the virtues of inherently normative human moral life and conduct in the goods or virtues of effective or even beneficial natural function. (shrink)

What is the best overarching ethical principle to give a possible future superintelligent machine, given that we do not know what the best ethics are today or in the future? Eliezer Yudkowsky has suggested that a superintelligent AI should have as its goal to carry out the coherent extrapolated volition of humanity (CEV), the most coherent way of combining human goals. The article discusses some problems with this proposal and some alternatives suggested by Nick Bostrom. A slightly different proposal is (...) then suggested, which I argue solves the problems better than Yudkowsky’s proposal. (shrink)

This article develops an institutional understanding of borders. Drawing on constitutive constructivism and theories of practical communication we argue that bordering as a process is a form of sorting through the imposition of status-functions on people and things, which alters the perception of that thing by setting it within a web of normative claims, teleologies and assumptions. Studying any border, therefore, extends to include the rule structure that constitutes it as well as the sources of that structure’s legitimacy. Furthermore, rule (...) structures are both restrictive and facilitative and importantly they overlap while retaining different sources of legitimacy: actors bring different constitutive perspectives on the border depending on the particular rule structure they are drawing on in order to make legitimate claims about what that border produces. This recognition sensitizes analysis to the interplay between different sense-making regimes and their authoritative underpinnings. Methodologically it points researchers towards the practical and discursive methods actors use when making arguments about what a particular border can and does do. (shrink)

In the present paper, I argue against the claim that ex aequo and bono adjudication cannot be epistemically objective. I start with a survey of legal rules allowing the parties to resort to ex aequo et bono adjudication. Next, I argue that decisions taken on ex aequo et bono basis are not subjective for three main reasons. First, they are analogous to decision making in hard cases. Second, theories of practical reasoning and hybrid expressivism provide a precise theoretical account of (...) the mechanisms at stake. Third, the context of adjudication provides substantial constraints on judicial tasks. (shrink)

I denne studien undersøkes hvilke moralske utfordringer norske politistudenter oftest møter i «praksisåret». Utfordringene identifiseres gjennom en analyse av 208 hjemmeeksamener i yrkesetikk fra avgangsstudentene ved Politihøgskolen i Oslo, hvor utfordringene beskrives gjennom kombinasjoner av hvilke verdier som står sentralt, hvilke personer som er involvert og hvilke typer oppdragene oppstår i. Funnene eksemplifiseres og settes i forhold til sentrale politivitenskapelige diskusjoner. Til slutt diskuteres hvordan studentene best kan forberedes på disse utfordringene. Nøkkelord: etikk, yrkesetikk, anvendt etikk, politi, utdanning English summary: (...) What moral challenges are Norwegian police students encountering during their practice period? This article examines what moral challenges Norwegian police students encounter during their practice period. The challenges are identified through an analysis of the experiences described in the professional ethics home exams of 208 graduates at the Norwegian Police University College in Oslo. From our analysis, paradigmatic challenges are constructed based on the combinations of values, persons and mission types typically highlighted in the exams. These challenges are then discussed in light of central topics in police science. Finally, we discuss briefly how police students can be best prepared for meeting these moral challenges. (shrink)

Since it has become possible to “read the book of life”, different approaches to the universe, revealed by genetic scientific advances, have come into being. On the one hand, the Human Genome Project has opened the medical field to new treatments – or at least to the hope of new therapies – through, for instance, gene therapy. On the other hand, developments in genetics have allowed reductionism or genetic essentialism to make its way into the public and institutional perception of (...) genetic advances. This paper will argue that the essentialist approach to genetics is inspired by the constant craving of humans to find, once and for all, those features and determinants that constitute identity: the human nature. I will argue against this trend by testing a particular field in which the concept of human nature could be the source of discrimination and inequalities, that being genetic human nature based law. (shrink)

The aim of the article is to give an outline of a value theory suitable for climate ethics, based on a perfectionist account on the convergence between prudential values and moral responsibility. I claim that such a convergence may generate a system of values that specify norms and obligations and attribute responsibility towards future generations, and thereby provides us with a measure of acceptable political action.

The authors believe that the questions raised at the beginning of Frege’s On Sense and Reference – ‘Is [identity] a relation? A relation between objects, or between names or signs of objects?’ – set the course for a long-lasting but not at all satisfying discussion. For the disputants tend to advocate, either a ‘name-view’ of identity in a straightforward but rudimentary and logically untenable form, or else a version of an ‘object-view’ that makes all too light of the analysandum–analysans distinction (...) and hence is damned to analytical barrenness. In contrast, by unfolding the underlying idea of the original ‘name-view’, the authors offer three alternative and mutually compatible interpretations of identity that may best be characterized as the ‘name-based’, the ‘hybrid’ and the ‘sense-based’ variant of a ‘concept-view of identity’. At the same time, however, these interpretations may well be considered variants of a non-barren ‘object-view’. (shrink)

I articulate the challenge disagreement poses for epistemic contextualism, and then discuss several possible replies on behalf of the contextualist.

The appealing principle that you can't get an ‘ought’ from an ‘is’, sometimes called Hume's Guillotine , faces a well-known challenge: it must give a clear account of the distinction between normative and descriptive sentences while dodging counter-examples. I argue in this paper that recent efforts to answer this challenge fail because the distinction between normative and descriptive sentences cannot be described well enough to be of any help. As a result, no version of the principle is both true and (...) adequate. Yet a different principle—that no normative terms are synonymous with any descriptive terms—can satisfy much of the motivation we had for defending Hume's Guillotine in the first place. I show briefly how this second principle can explain why is-ought arguments are invalid, block some attempted deductive justifications of beliefs with normative terms, and create an explanatory advantage for moral non-cognitivism. Just so, giving up Hume's Guillotine is the prudent thi.. (shrink)

Deferred internalists accept that sometimes, agents can form genuine normative judgments without any accompanying motivation. However, they propose that these judgments can only exist when they are embedded within psychologies or communities in which judgment and motivation typically align. In this paper, I sketch a version of externalism that challenges the interpretation of key evidence claimed by deferred internalists. According to this account, there is a robust but contingent connection between judgment and motivation that is explained by the structure of (...) the neurocognitive apparatus we happen to employ in evaluative thought. This proposal allows that all of our judgments lacking accompanying motivation are contingently parasitic on judgments that are accompanied by motivation. It also suggests that it is not possible to create communities of _beings like us_ whose judgments and motivation radically come apart. These results undermine current strategies for supporting deferred internalism. Proponents will need to find support elsewhere. (shrink)

I outline a theory of moral motivation which is compatible with the metaphysical claims of strong emotionism—a sentimentalist account of morality first outlined by Jesse Prinz and supported by myself which construes moral concepts and properties as a subset of emotion-dispositional properties. Given these claims, it follows that sincere moral judgements are necessarily motivating in virtue of their emotional constitution. I defend an indefeasible version of judgement motivational internalism which takes into consideration both positively and negatively valenced affective states and (...) how they promote both approach and avoidance motivation, respectively. On this view, in making sincere moral judgements agents are antecedently motivated by standing Desires to avoid or approach the stimuli picked out by their judgements. I also defend internalism against the objections from defeating circumstances and amoralists. As regards the former, I claim that the tendency of philosophers to frame the motivation debate in terms of positive moral judgements makes the argument from defeating circumstances appear more plausible than it is; as regards the latter, I claim the amoralist argument only has force if it is empirically well supported and that psychological data has hitherto been unconvincing. (shrink)

When it comes to the metaethical task of explaining and making sense of what it is that we are doing while doing ethics, the subject of moral objectivity occupies an important and special place within that task. Thus, it is often agreed that being able to explain and justify the objective features of common moral practice is one of if not the most important task for any metaethical theory to undertake. In this dissertation, I tackle the issue of ethical objectivity (...) on behalf of metaethical constructivism. To be more precise, my aim is to make plausible, strengthen, and defend the constructivist original contribution to contemporary metaethics by developing a novel constructivist account on the objectivity of ethics. While the account that I develop herein presents a novel and independent approach to the subject of moral objectivity on behalf of constructivism, it also places itself between the two other positions within the constructivist camp that openly strive to secure ethical objectivity – namely Kantianism on the one hand, and the more recently developed Humean objectivist view on the other. It is for the latter reason that I call my own view the hybrid view. (shrink)

The moral error theorist claims that moral discourse is irredeemably in error because it is committed to the existence of properties that do not exist. A common response has been to postulate ‘companions in guilt’—forms of discourse that seem safe from error despite sharing the putatively problematic features of moral discourse. The most developed instance of this pairs moral discourse with epistemic discourse. In this paper, I present a new, prudential, companions-in-guilt argument and argue for its superiority over the epistemic (...) alternative. (shrink)

This is a critical discussion of Habermas's conception of moral cognitivism. I explain how it fits in with his meta-ethical anti-realism. I place Habermas's Discourse Ethics in the broad field of analytic meta-ethics. I also look at the question of whether the Frege-Geach problem applies to Habermas's Discourse Ethics, and if so, how he should best reply.

ABSTRACTIt has been objected to moral non-cognitivism that it cannot account for fundamental moral uncertainty. A person is derivatively uncertain about whether an act is, say, morally wrong, when her certainty is at bottom due to uncertainty about whether the act has certain non-moral, descriptive, properties, which she takes to be wrong-making. She is fundamentally morally uncertain when her uncertainty directly concerns whether the properties of the act are wrong-making. In this paper we advance a new reply to the objection (...) to non-cognitivism, immune to the problems afflicting earlier replies. First, we argue that fundamental moral uncertainty is best understood as classificatory uncertainty, since the psychological factors behind fundamental moral uncertainty are analogous to the factors behind fundamental uncertainty regarding descriptive, non-moral, matters, and fundamental descriptive uncertainty is naturally understood as classificatory uncertainty. We call this the classification account... (shrink)

At first glance, one of the most obvious places to look for moral progress is in individuals, in particular in moral development from childhood to adulthood. In fact, that moral progress is possible is a foundational assumption of moral education. Beyond the general agreement that moral progress is not only possible but even a common feature of human development things become blurry, however. For what do we mean by ‘progress’? And what constitutes moral progress? Does the idea of individual moral (...) progress presuppose a predetermined end or goal of moral education and development, or not? In this article we analyze the concept of moral progress to shed light on the psychology of moral development and vice versa; these analyses are found to be mutually supportive. We suggest that: moral progress should be conceived of as development that is evaluated positively on the basis of relatively stable moral criteria that are the fruit and the subject of an ongoing conversation; moral progress does not imply the idea of an end-state; individual moral progress is best conceived of as the development of various components of moral functioning and their robust integration in a person’s identity; both children and adults can progress morally - even though we would probably not speak in terms of progress in the case of children - but adults’ moral progress is both more hard-won and to a greater extent a personal project rather than a collective effort. (shrink)

Moore's Open Question Arguments are among the most influential arguments in 20th Century metaethical thought. But, surprisingly, there is a fair amount of confusion concerning what the Open Question Arguments actually are, how the Moorean passages should be interpreted, and what they are intended to show. Thus, the early chapters are devoted to clarificatory matters, including the exposing of a variety of contemporary attacks upon Moore's arguments as misguided by indicating where they rest upon faulty interpretations of Moorean passages. Providing (...) what I take to be accurate formulations of Moore's famous arguments, responding to historically important preliminary objections, and, finally, presenting various shortcomings of these arguments constitute the remaining themes of the early chapters. ;Next, I pursue an explanation of what I call the 'Open Question phenomenon': the inclination that many have to endorse Moore's "open question" premises. I survey a variety of popular noncognitivist explanations, arguing that each of them is unsatisfactory. I then present a novel semantic explanation of the phenomenon and use it to construct an augmented Moorean Open Question Argument, one capable of overcoming the shortcomings of Moore's originals. ;The latter chapters are dedicated to an investigation of Moore's preferred normative theory---a version of objective consequentialism. I argue that the standard semantic account of subjunctive conditionals fails to capture the nature of certain subjunctive conditionals relevant to the normative evaluation of alternatives from an objective consequentialist perspective. I then present a modified version of the standard account in an effort to remedy the problem. ;Next, I present a novel objection against all extant versions of objective consequentialism. I then introduce and utilize the concept of an "objective" subjunctive probability in the transformation of a subjective version of consequentialism into an objective version, one capable of dealing with the difficulties posed by the objection. ;I conclude the dissertation with a final chapter in which I defend possibilist versions of consequentialism from a contemporary objection. In doing so, I elucidate a theoretical advantage that possibilist theories have over their subjunctive counterparts. (shrink)

This work offers a challenge to the orthodox view that descriptive rules are non-normative and passive in their role and usage. It does so by arguing that, although lacking in normativity themselves, descriptive rules can be sources of normativity by way of the normative attitudes that can develop around them. That is, although descriptive rules typically depict how things are, they can also play a role in how things ought to be. In this way, the limited role that this type (...) of rule can play as either a basis for the development of normative reasons, or as explanatory reasons for action is identified and clarified. One desirable outcome of the analysis is a more complete view of what descriptive rules are and how they are utilized by agents. (shrink)

This article is about the relationship between business and ethics in academic research. The purpose of this investigation is to examine the status of the separation and the integration theses. In the course of this article, I defend the claim that neither separation nor integration is entirely accurate; indeed they are both potentially confusing to our audience. A strategy of reconciliation of normative and descriptive approaches is proposed. The reconciliation project does not entail synthesizing or dividing prescriptive and empirical approaches, (...) but rather respecting the identity of both inquiries, while recognizing the limitations they place on each other. The research agenda of the reconciliation project is discussed. (shrink)

Weakness of the will remains a perplexing issue. Though philosophers have made substantial progress in homing in on what counts as a weak will, there is little agreement on whether weakness of the will is irrational, and if so, why. In this paper, we take an empirical approach towards the rationality of weakness of the will. After introducing the philosophical debate, we present the results of an empirical study that reveals that people take a “dual sensitivity”, as we shall put (...) it, towards assessing the rationality of weak-willed behavior. Put succinctly, intending X against your value judgements is assessed irrational; yet, in the same situation, intending X is assessed significantly less irrational if you judge X as something you ought to do. After discussing this result, we turn to the question of whether there is a plausible theory of rationality than can account for the dual sensitivity of the rationality assessments. We show that a success-based account can make sense of the dual sensitivity our empirical results reveal. (shrink)

Uno de los temas de más profundo debate en la filosofía del derecho de los últimos años ha sido el de las maneras en que dar cuenta del fenómeno del desacuerdo entre operadores jurídicos y entre juristas a la hora de desentrañar el contenido del derecho y, por ende, de dar con la respuesta jurídica para controversias particulares. A partir del trabajo de Ronald Dworkin, el tema se ha convertido en un instrumento de intenso análisis crítico del positivismo jurídico y (...) consecuentemente ha generado diversos enfoques que intentan dar cuenta del fenómeno de manera armónica con las tesis positivistas centrales. Uno de estos enfoques, en particular, intenta afrontar este desafío ligando al positivismo con un análisis expresivista del discurso jurídico de primer orden; análisis análogo al que importantes autores abocados a la metaética contemporánea han propuesto para el discurso moral. En el presente trabajo presento los lineamientos centrales de este enfoque iusfilosófico, indagando tanto en algunas de sus virtudes como en algunas de sus mayores dificultades. (shrink)

In many ways one’s quest for knowledge can go wrong. Since the publication ofAmélie Rorty’s article “Akratic Believers”, in 1983, there has been a great deal of discussion asto one particular form of flaw in reasoning to which we, as less-than-perfect rational entities,are continuously prone to in our epistemic endeavors: “epistemicakrasia”. The debate that article gave rise became, then, split between authors to whom the ideaof epistemicakrasiapromotes an interesting diagnosis of some of our intellectual imperfec-tions, and their opponents, those who (...) disclaim the very possibility of the phenomenon. Inthis paper I’ll examine, and present original objections to, four of the main arguments put for-ward by the latter, showing that none of them have consistently ruled out all the legitimatelyconceivable forms of the phenomenon. (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)

'Post this letter!' does not entail 'Post this letter or drink up my wine!' (the Ross Paradox) because one can be in a state with the content of the former without being in a state with the content of the latter; in turn, because the latter can rationalize drinking up my wine but the former cannot; in turn, because practical rationalization flows toward one's present situation, in contrast with the flow of theoretical rationalization from one's present situation. Formally, this is (...) implemented with a semantics for imperatives involving a partition to set up an issue of significance and a proposition to establish how to settle it. I characterize a series of languages and language-games to implement all this, and appeal to an 'endorsement-theoretic' conception of modals as quantifiers over mental states to explain why 'You must post this letter' does not entail 'You must either post this letter or drink up my wine'. (shrink)

In this thesis, I argue that physicalism should be understood to be the view that mental properties are realized by physical properties. In doing this, I explore what the realization relation might be. Since realization is the relation that should help us formulate physicalism, I suggest that the theoretical role of realization consists in explaining some of the things that physicalists wish to explain. These are: How are mental properties metaphysically necessitated by physical properties? How are mental properties causally efficacious? (...) A theory of realization should provide resources for answering these questions. Having identified the theoretical role of realization, I discuss several theories of realization, but then focus on the subset view of realization. According to the subset view, a property P realizes a property Q if and only if the causal powers of Q are a proper subset of the causal powers of P. I argue that the realization relation as it is formulated by the subset view is a promising candidate to play the theoretical role that I want realization to play. I then investigate how this theoretical role is occupied. In doing so, I provide a general metaphysical framework that the defenders of the subset view can appeal to. This framework specifies in what ways properties are related to their causal powers. Discussing some problems that the subset view faces, I propose my own version of the subset view. I argue that a property P realizes a property Q if and only if the causal powers of Q are a proper subset of the causal powers of P, and P is more fundamental than Q. Thanks to the requirement that a realized property is less fundamental than its realizers, two things that the original version of the subset view cannot explain are guaranteed: first, fundamental properties are not realized; second, arbitrary conjunctions of properties do not realize their conjuncts. By showing how a theory of realization can help us explain some of the things that physicalists typically wish to explain, I also show that a non-reductive variety of physicalism does not face the problems that it is commonly thought to face. (shrink)

The Epiphenomenal Mind is both a deflationary attack on the powers of the human mind and a defence of human subjectivity. It is deflationary because in the thesis I argue that consciousness is an epiphenomenal consequence of events in the brain. It is a defence of human subjectivity because I argue that the mind is sui generis real, irreducible, and largely an endogenous product (i.e. not dependent on society or its resources). Part I is devoted to arguing that the conscious (...) mind is epiphenomenal. Arguing from, the irreducibility of mental states, the causal closure of the physical domain, and the principle of causal explanatory exclusion, I seek to demonstrate that all theories of mental causation necessarily violate one or more of these premises. Contemporary approaches to mental causation come under two broad categories, those that argue that mental events are supervenient on physical events (such as Davidson, Kim and Horgan) and those (like Haskar) who argue that the mind is an emergent property of the brain. Supervenience based theories, I argue, end up reducing mental states in their search for a theory of mental causation and emergence based theories end up violating the principle of the causal closure of the physical. In part II, I explore some of the consequences of epiphenomenalism for social theory. This exploration comes in the context of a defence of human subjectivity against (i.) those sociological imperialists who view the mind and self as a 'gift of society', and (ii.) social situationalists who have abandoned the concept of action and an interest in 'what's in the head' of the actor, in favour of a concept of social action which views behaviour as action only to the extent that it is socially meaningful. The conclusion is that the social sciences should return to an interpretative style (Weberian) methodology. (shrink)

This is a critical discussion of Mark Schroeder's book, "Being For: Evaluating the Semantic Program of Expressivism" (Oxford University Press, 2008).

The article presents a critical survey of the philosophical discussion of the mind-body-problem since the collapse of Rylean behaviourism. The major theories (identity theories, supervenience, emergentist materialism, dualist interactionism and functionalism) are sketched and briefly evaluated with regard to their advantages and disadvantages. The conclusion is that no satisfactory theory about the relation between mental and neurophysiological states exists today, but considerable progress has been made regarding the contours of this cluster of problems. A catalogue of criteria which every future (...) theory concerning the mind-body problem must fulfill is given at the end. (shrink)