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)

Metaethical noncognitivists have trouble arriving at a respectable semantic theory for moral language. The goal of this article is to make substantial progress toward demonstrating that these problems may be overcome. Replacing the predominant expressivist semantic agenda in metaethics with a dynamic perspective on meaning and communication allows noncognitivists to provide a satisfying analysis of negation and other constructions that have been argued to be problematic for metaethical noncognitivism, including disjunctions. The resulting proposal preserves some of the key insights from (...) recent work on the semantics of expressivism while highlighting the widely neglected early noncognitivists' sympathies to the kind of dynamic story I intend to tell here. A comparison between the advertised dynamic semantic story and current proposals that treat expressivism as a pragmatic rather than semantic theory about moral language is provided. (shrink)

In the following paper, I discuss the adjectival uses of the English word ‘right’, in ethical and nonethical settings. I distinguish four distinct but related uses. In the central use, which includes the typical ethical applications, what is right is what conforms to a norm, or rule. The emphasis can be on the norm itself, or on the conforming to the norm. The view I offer is not original. It is to be found in the works of T.M. Scanlon, T.H. (...) Green, R.M. Hare and W.D. Ross.1. (shrink)

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

I show that the existence of an omniscient, omnipotent, and essentially omnimalevolent being is impossible given only two metaethical assumptions (viz., moral rationalism and reasons internalism). I then argue (pace Stephen Law) that such an impossibility undercuts Law’s (Relig Stud 46(3):353–373, 2010) evil god challenge.

Despite its many advantages as a metaethical theory, moral expressivism faces difficulties as a semantic theory of the meaning of moral claims, an issue underscored by the notorious Frege-Geach problem. I consider a distinct metaethical view, inferentialism, which like expressivism rejects a representational account of meaning, but unlike expressivism explains meaning in terms of inferential role instead of expressive function. Drawing on Michael Williams’ recent work on inferential theories of meaning, I argue that an appropriate understanding of the pragmatic role (...) of moral discourse—the facilitation of coordinated social behavior—suggests the kind of inferences we should expect terms with this function to license. I offer a sketch of the inferential roles the moral ‘ought’ plays, and argue that if we accept that the relevant inferential roles are meaning-constitutive, we will be in a position to solve the Frege-Geach problem. Such an inferentialist solution has advantages over those forwarded by expressivists such as Blackburn and Gibbard. First, it offers a more straightforward explanation of the meaning of moral terms. It also gives simple answers to at least two semantic worries that have vexed contemporary expressivists—the “problem of permissions” and the commitment to “mentalism”, both of which I argue are problems that don’t get traction with an inferentialist approach. I conclude by considering ways in which this approach can be expanded into a more robust semantic account. (shrink)

The problem of natural teleology in biology has traditionally focused on reconciling Aristotle’s efficient and final causation. In this paper, however, I emphasize the importance of formal causation in natural teleological explanations and suggest that undermining its legitimacy is a backdoor route to undermining natural teleology itself. Formal causation, I argue, represents the “phenotype” of an object, to use a familiar word from genetics. This means that formal causes specify not only intrinsic “genotypic” qualities of an object but also a (...) range of environments in which the object is “properly” to inhabit. Such environmental specificity is possible through conscious activity, but is not found anywhere in non-conscious nature. Das Problem der natürlichen Teleologie ist traditionellerweise darin gesehen worden, Aristoteles’ Wirkursache und seine Finalursache miteinander zu vereinbaren. Dagegen betone ich in diesem Aufsatz die Bedeutung der formalen Verursachung in natürlichen teleologischen Erklärungen. Wenn man ihre Legitimität untergräbt, so lege ich nahe, untergräbt man gleichsam durch die Hintertür natürliche Teleologie als solche. Ich argumentiere, dass formale Verursachung den „Phänotyp“ eines Objekts darstellt, um ein geläufiges Wort aus der Genetik zu verwenden. Dies bedeutet, dass formale Ursachen nicht nur intrinsische „genotypische“ Eigenschaften eines Objekts spezifizieren, sondern auch eine Bandbreite von Umgebungen, in denen das Objekt „im eigentlichen Sinn“ angesiedelt sein sollte. Diese Spezifizierung der Umgebung ist durch bewusste Aktivität möglich, findet sich aber nirgendwo in der nicht-bewussten Natur. (shrink)

The peculiar case of Lehrer’s lawyer purports to describe a scenario in which a subject has a justified belief, indeed knowledge, despite the fact that their belief is not causally or counterfactually sustained by any good reasons for it. The case has proven controversial. While some agree with Lehrer’s assessment of the case, others disagree, leading to a schism among accounts of the basing relation. In this paper I aim to reconcile these camps and put simple causal and counterfactual accounts (...) of the basing relation back on the table, by arguing that Lehrer’s case is probably metaphysically impossible, but even if it isn’t, it is ambiguous between a psychologically implausible and a psychologically plausible reading, and this can account for the diverging intuitions that it generates. (shrink)

I attempt to identify a problem running through the foundation of R. M. Hare’s ethical prescriptivism and the more recent sentimentalism/ethical expressivism of Simon Blackburn. The non-cognitivism to which Hare and Blackburn’s approaches are committed renders them unable to establish stable contents for basic moral principles and, thus, incapable of conducting a logical analysis of moral terms or statements. I argue that objective-descriptive- natural ethical theories are in a much better position to provide a satisfying account of the logical analysis (...) of moral terms or statements. Such ethical theories can arrive at basic moral principles with stable contents, thus paving the way for the kind of descriptive approach that can accommodate stable truth conditions. This, in turn, provides stable grounds for the logical analysis of moral terms and statements. (shrink)

Many normative judgments play a practical role in our thought. This paper concerns how their practical role is reflected in language. It is natural to wonder whether the phenomenon is semantic or pragmatic. The standard assumption in moral philosophy is that at least terms which can be used to express “thin” normative concepts – such as 'good', 'right', and 'ought' – are associated with certain practical roles somehow as a matter of meaning. But this view is rarely given explicit defense (...) or even articulation. I’ll consider several versions of the view, and argue that even the most promising among them are problematic. Terms like 'ought' are often used in ways where their customary practical role is absent. Such cases give us a choice: either offer some plausible explanation of why the relevant practical upshots don’t show up in these cases despite featuring in our semantic theory for these expressions, or else don’t build them into that theory. I argue that plausible explanations of the requisite sort aren’t forthcoming in either descriptive semantics or metasemantics for normative language. In closing I briefly consider the prospects for a pragmatic account of the phenomenon and some broader ramifications for metaethics and the philosophy of normativity. (shrink)

Imperatives cannot be true or false, so they are shunned by logicians. And yet imperatives can be combined by logical connectives: "kiss me and hug me" is the conjunction of "kiss me" with "hug me". This example may suggest that declarative and imperative logic are isomorphic: just as the conjunction of two declaratives is true exactly if both conjuncts are true, the conjunction of two imperatives is satisfied exactly if both conjuncts are satisfied—what more is there to say? Much more, (...) I argue. "If you love me, kiss me", a conditional imperative, mixes a declarative antecedent ("you love me") with an imperative consequent ("kiss me"); it is satisfied if you love and kiss me, violated if you love but don't kiss me, and avoided if you don't love me. So we need a logic of three -valued imperatives which mixes declaratives with imperatives. I develop such a logic. (shrink)

Besides pure declarative arguments, whose premises and conclusions are declaratives (“you sinned shamelessly; so you sinned”), and pure imperative arguments, whose premises and conclusions are imperatives (“repent quickly; so repent”), there are mixed-premise arguments, whose premises include both imperatives and declaratives (“if you sinned, repent; you sinned; so repent”), and cross-species arguments, whose premises are declaratives and whose conclusions are imperatives (“you must repent; so repent”) or vice versa (“repent; so you can repent”). I propose a general definition of argument (...) validity: an argument is valid exactly if, necessarily, every fact that sustains its premises also sustains its conclusion, where a fact sustains an imperative exactly if it favors the satisfaction over the violation of the imperative, and a fact sustains a declarative exactly if, necessarily, the declarative is true if the fact exists. I argue that this definition yields as special cases the standard definition of validity for pure declarative arguments and my previously defended definition of validity for pure imperative arguments, and that it yields intuitively acceptable results for mixed-premise and cross-species arguments. (shrink)

Besides pure declarative arguments, whose premises and conclusions are declaratives, and pure imperative arguments, whose premises and conclusions are imperatives, there are mixed-premise arguments, whose premises include both imperatives and declaratives, and cross-species arguments, whose premises are declaratives and whose conclusions are imperatives or vice versa. I propose a general definition of argument validity: an argument is valid exactly if, necessarily, every fact that sustains its premises also sustains its conclusion, where a fact sustains an imperative exactly if it favors (...) the satisfaction over the violation proposition of the imperative, and a fact sustains a declarative exactly if, necessarily, the declarative is true if the fact exists. I argue that this definition yields as special cases the standard definition of validity for pure declarative arguments and my previously defended definition of validity for pure imperative arguments, and that it yields intuitively acceptable results for mixed-premise and cross-species arguments. (shrink)

"Surrender; therefore, surrender or fight" is apparently an argument corresponding to an inference from an imperative to an imperative. Several philosophers, however (Williams 1963; Wedeking 1970; Harrison 1991; Hansen 2008), have denied that imperative inferences exist, arguing that (1) no such inferences occur in everyday life, (2) imperatives cannot be premises or conclusions of inferences because it makes no sense to say, for example, "since surrender" or "it follows that surrender or fight", and (3) distinct imperatives have conflicting permissive presuppositions (...) ("surrender or fight" permits you to fight without surrendering, but "surrender" does not), so issuing distinct imperatives amounts to changing one's mind and thus cannot be construed as making an inference. In response I argue inter alia that, on a reasonable understanding of 'inference', some everyday-life inferences do have imperatives as premises and conclusions, and that issuing imperatives with conflicting permissive presuppositions does not amount to changing one's mind. (shrink)

The metalinguistic approach to conceptual engineering construes disputes between linguistic reformers and linguistic conservatives as metalinguistic disagreements on how best to use particular expressions. As the present paper argues, this approach has various merits. However, it was recently criticised in Cappelen’s seminal Fixing Language. Cappelen raises an important objection against the metalinguistic picture. According to this objection – the Babel objection, as I shall call it – the metalinguistic account cannot accommodate the intuition of disagreement between linguistic conservatives and reformers (...) who are speaking different languages. The objection generalises to metalinguistic approaches to e.g. moral disagreements. This paper discusses the Babel objection and shows how to dispel it. (shrink)

G.E. Moore’s open question arguments have been targeted by unsympathetic philosophers for close to a century. Perhaps the most serious criticism directed towards Moore’s OQAs is that they be...

§13 of Principia Ethica contains G. E. Moore’s most famous open question arguments. Several of Moore’s contemporaries defended various forms of metaethical nonnaturalism—a doctrine Moore himself endorsed—by appeal to OQAs. Some contemporary cognitivists embrace the force of Moore’s OQAs against metaethical naturalism. And those who posit noncognitivist meaning components of ethical terms have traditionally used OQAs to fuel their own emotivist, prescriptivist, and expressivist metaethical programs. Despite this influence, Moore’s OQAs have been ridiculed in recent decades. Their deployment has been (...) labeled “accident prone,” “simple to dismiss,” and just plain invalid. Critics accuse Moore of begging the question. Others argue that his OQAs founder upon the paradox of analysis. And still others argue that Moore’s open question argumentation is incompatible with the Kripke–Putnam causal theory of reference and thus it “simply fails; it is bankrupt”. I aim to show that there is something of continuing value in Moore’s open question efforts. I present and criticize Nicholas Sturgeon’s influential interpretation of Moore’s OQAs as a means to motivate and explicate my own interpretation of Moore’s thoughts in §13 of Principia Ethica. I then articulate the role that OQAs are intended to play in Moore’s overall argumentative strategies to undermine metaethical naturalism and thereby provide some theoretical support for metaethical nonnaturalism. Finally, I attend to the most prominent objections to Moore’s theorizing and attempt to evaluate the extent to which Moore’s efforts are successful. My hope is to display both the promising portions of Moore’s metaethical argumentation in Principia Ethica as well as its limitations. (shrink)

Many philosophers believe that the extensions of evaluative terms and concepts aren’t unified under non-evaluative similarity relations and that this “shapelessness thesis” (ST) has significant metaethical implications regarding non-cognitivism, ethical naturalism, moral particularism, thick concepts and more. ST is typically offered as an explanation of why evaluative classifications appear to “outrun” classifications specifiable in independently intelligible non-evaluative terms. This paper argues that both ST and the outrunning point used to motivate it can be explained on the basis of more general (...) factors that have nothing in particular to do with being evaluative. If so, there is no reason to expect ST to carry the sorts of metaethical implications that get attributed to it. I also show that my main argument is robust across certain complications that are raised by the context-sensitivity of many evaluative terms but have so far been ignored in discussions of ST and related matters. (shrink)

This article develops a model first proposed in my book Jurisprudence and communication [67]. It takes as its starting point the generally conception that legal rules are valid norms, involving a normative content and expressing themselves in reality through observable conduct. This dualistic character of law is central. Law is both fiction and factual, ideal and real. But the viewpoint that a legal rule is a manifestation of validity in reality, through empirical acts, raises the question how rules as (valid) (...) fictions can be known and understood in their linguistic form. How is meaning attributed to the legal words and how do these words relate to the world of fact? Taking an institutional-pragmatic approach as a starting point, an analytical model is created that can be used as an instrument for the relationship between legal rules as thought objects existing only in the mind, and legal rules as observable conduct. This model seeks to revise the classical models of legal communication that basically focus on the unilateral flow of legal information between ‘senders and receivers’ and their claim of linear causality between rules and conduct. The model here constructed in the theoretical part is then applied to several case studies, in order to analyze the construction of meaning in actual use. Two fundamental rights—the older codified in 1798 and the more recent codified in 1983—in the Dutch Constitution have been analyzed using the model as an instrument. Further, the remarkable shifts in article 96 of the Constitution, the declaration of war, and its consequences, resulting in a new category of war—the armed conflict—have been analyzed, as well as the phenomenon of ‘peacekeeping missions’ involving actual warfare. The new war terminology has created vagueness with respect to the clear-cut division between war and peace, which has been reflected in several cases before Court, including the Eric O. case. The present analysis of the case studies indicates that the model was not in all cases completely tailored to the facts: for example, in the case study on article 96 a broad spectrum of observable legal and non-legal actors dominated the facts in such a way that the model did not fully cover it. The observations on my book by the three respondents in this special issue have contributed to the adaptation and extension of the model. In the Postscript my responses suggest some ways in which their ideas can be implemented. (shrink)

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)

I argue that Jonas Olson’s argument from irreducible normativity is not a secure basis for an argument for error theory and that a better basis is provided by the argument from supervenience, which has more bite against non-naturalist moral realism than Olson is willing to allow. I suggest there may be a view which can allow for the existence of irreducibly normative facts while remaining unaffected by the kinds of arguments that work against non-naturalist realism. This view is expressivism. Interestingly, (...) James Dreier has recently suggested that expressivism may not escape these arguments. I very briefly outline possible response strategies for expressivists. I close by discussing Olson’s argument against expressivism. Olson suggests, somewhat surprisingly, that expressivism is a bad fit with a plausible evolutionary explanation of our moral thought. I argue that Olson’s argument does not succeed. (shrink)

I explore the prospects of capturing and explaining, within a non-cognitivist framework, the enkratic principle of rationality, according to which rationality requires of N that, if N believes that she herself ought to perform an action, φ, N intends to φ. Capturing this principle involves making sense of both the possibility and irrationality of akrasia – of failing to intend in accordance with one’s ought thought. In the first section, I argue that the existing non-cognitivist treatments of enkrasia/akrasia by Allan (...) Gibbard and Michael Ridge are not satisfying. In the second section, I propose that non-cognitivists should perhaps say roughly the following: to think that one ought to φ is to prefer φ-ing to the alternative courses of action, or to have a stronger desire to φ than to choose any alternative action. I outline an account of the strength of desire, which allows for the possibility of intending to act against one’s strongest desires, and makes it intelligible why rationality would nevertheless require that one’s strongest desires and intentions be aligned. This would allow the non-cognitivist to explain how akrasia is both possible and irrational. In the last section, I briefly suggest that this leaves non-cognitivists in a nice position in comparison to at least some of the competition, when it comes to capturing enkrasia. (shrink)

If there is such a thing as objectively existing prescriptivity, as the moral realist claims, then we can also explain why—and we need not deny that—strong internalism is true. Strong conceptual internalism is true, not because of any belief in any magnetic force thought to be inherent in moral properties themselves, as Mackie argued, but because we do not allow that anyone has ‘accepted’ a normative claim, unless she is prepared to some extent to act on it.

According to a traditional argument against moral realism, the existence of objective moral facts is hard to reconcile with the existence of radical disagreement over moral issues. An increasingly popular response to this argument is to insist that it generalizes too easily. Thus, it has been argued that if one rejects moral realism on the basis of disagreement then one is committed to similar views about epistemology and meta-ethics itself, since the disagreements that arise in those areas are just as (...) deep as the moral ones. This in turn is taken to show that a moral anti-realist should seek another basis for her position. For, if she extends her anti-realism also to epistemology and meta-ethics, then she is no longer in a position to say that her meta-ethical position is (objectively) true or that it is a fact that we have reason to accept it. She therefore seems left with a position that hardly even seems to be a position. The purpose of the paper is to challenge this response and in particular the claim that the argument from disagreement applies equally well to epistemology and meta-ethics as it does to ethics. It is argued that, despite contrary appearances, there are crucial differences between the disagreements that occur in ethics compared to those that arise in the other areas. Moreover, even granted that the disagreements are just as deep, there are other differences between the areas that nevertheless justify drawing different conclusions about their status from the existence of those disagreements. (shrink)

Several prominent philosophers have argued that the fact that depressed agents sometimes make moral judgments without being appropriately motivated supports Humean externalism – the view that moral motivation must be explained in terms of desires that are distinct from or “external” to an agent’s motivationally inert moral judgments. This essay argues that such motivational failures do not, in fact, provide evidence for this view. I argue that, if the externalist argument from depression is to undermine a philo-sophically important version of (...) internalism, it must make use of a general assumption about motivational states. However, at a reasonable level of abstraction, the needed assumption also implies that even desires could not be effective sources of motivation. For, just as depressed agents might sometimes lack motivation to act consistently with their moral judgments, they also sometimes lack motivation to pursue their desires. Moreover, the most plausible responses that Humeans can give to this general argument undermine the externalist case against internalism. Thus, there is a deep tension between the argument from depression for externalism and a fundamental Humean commitment. (shrink)

Humean externalism is the view that moral motivation must be explained in terms of desires that are “external” to an agent’s motivationally-inert moral judgments. A standard argument in favor of Humean externalism appeals to the possibility of amoral or morally cynical agents—agents for whom moral considerations gain no motivational traction. The possibility of such agents seems to provide evidence for both the claim that moral judgments are themselves motivationally inert, and the claim that moral motivation has its source in desires (...) external to those judgments. This essay makes the case that, rather than providing a compelling argument in favor of Humean externalism, the argument from amoralism can be recast to set up an important challenge to this view. On one hand, it appears that the central methodological considerations and types of evidence that undergird the externalist argument from amoralism are in tension with a central Humean commitment: namely, that desires can be sources of motivation. While it is possible for Humeans to escape this horn of the dilemma, the most plausible strategies for doing so can be co-opted by internalists to resist the argument’s externalist conclusion. (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)

I call into question a pair of closely related assumptions that are almost universally shared in the literature on predicates of taste. The assumptions are, first, that predicates of taste – words like ‘tasty’ – are semantically evaluative. In other words, that it is part of the meaning of a word like ‘tasty’ to describe an object as in some sense good, or to say that it is pleasing. And second, that the meaning of predicates of taste is in some (...) way relativized to an experiencer or standard – the person that the object is pleasing to or the standard according to which the object is good. Parties to the literature on these terms tend to disagree about the role of context in determining the truth of claims involving predicates of taste, or in determining which proposition is expressed. But they agree that to call some dish ‘tasty’ is to say something positive about that dish, to suggest that someone or other finds, or is disposed to find, the dish pleasing. I suggest instead that ‘tasty’, and indeed... (shrink)

This chapter offers an introduction to naturalist views in contemporary metaethics. Such views attempt to find a place for normative properties (such as goodness and rightness) in the concrete physical world as it is understood by both science and common sense. The chapter begins by introducing simple naturalist conceptual analyses of normative terms. It then explains how these analyses were rejected in the beginning of the 20th Century due to G.E. Moore’s influential Open Question Argument. After this, the chapter considers (...) what good general reasons there are for defending naturalism in metaethics. The bulk of the chapter will then survey new semantic and metaphysical forms of naturalism which in different ways attempt to address Moore’s objection to naturalism. These more recent versions of naturalism—using new resources from philosophy of language, philosophy of mind, metaphysics, philosophy of science and epistemology—attempt to explain why the Open Question Argument fails. (shrink)

Judgment internalism about evaluative judgments is the view that there is a necessary internal connection between evaluative judgments and motivation understood as desires. The debate about judgment internalism has reached a standoff some time ago. In this paper, I outline a new argument for judgment internalism. This argument does not rely on intuitions about cases, but rather it has the form of an inference to the best explanation. I argue that the best philosophical explanations of how we know what we (...) desire require that judgment internalism is true, which gives us a good reason to believe that judgment internalism is true. (shrink)

According to contextualist theories in metaethics, when you use a moral term in a context, the context plays an ineliminable part in determining what natural property will be the semantic value of the term. Furthermore, on subjectivist and relativist versions of these views, it is either the speaker's own moral code or her moral community's moral code that constitutes the reference-fixing context. One standard objection to views of this type is that they fail to enable us to disagree in ordinary (...) conversations. In this chapter, I develop a new response to this objection on the basis of Kai von Fintel and Anthony Gillies' notion of proposition clouds. I argue that, because we live in a multicultural society, the conversational contexts we face will fail to disambiguate between all the things we could mean. This is why we can at best put into play proposition clouds when we make moral utterances. All the propositions in such clouds are then available for rejection and acceptance on the behalf of our audiences. The norms of conversation then guide us to make informative contributions to the conversation - accept and reject propositions in a way that leads to co-ordination of action and choice. (shrink)

This chapter contains section titled: Morality Not a Matter of Fact? No Ought from an Is Morality an Object of Feeling A Problem Morality an Active Principle Conclusion References.

One of the most prevalent and influential assumptions in metaethics is that our conception of the relation between moral language and motivation provides strong support to internalism about moral judgments. In the present paper, I argue that this supposition is unfounded. Our responses to the type of thought experiments that internalists employ do not lend confirmation to this view to the extent they are assumed to do. In particular, they are as readily explained by an externalist view according to which (...) there is a pragmatic and standardized connection between moral utterances and motivation. The pragmatic account I propose states that a person’s utterance of a sentence according to which she ought to ϕ conveys two things: the sentence expresses, in virtue of its conventional meaning, the belief that she ought to ϕ, and her utterance carries a generalized conversational implicature to the effect that she is motivated to ϕ. This view also makes it possible to defend cognitivism against a well-known internalist argument. (shrink)

Contemporary realist theories of value claim to be compatible with natural science. In this paper, I call this claim into question by arguing that Darwinian considerations pose a dilemma for these theories. The main thrust of my argument is this. Evolutionary forces have played a tremendous role in shaping the content of human evaluative attitudes. The challenge for realist theories of value is to explain the relation between these evolutionary influences on our evaluative attitudes, on the one hand, and the (...) independent evaluative truths that realism posits, on the other. Realism, I argue, can give no satisfactory account of this relation. On the one hand, the realist may claim that there is no relation between evolutionary influences on our evaluative attitudes and independent evaluative truths. But this claim leads to the implausible skeptical result that most of our evaluative judgements are off track due to the distorting pressure of Darwinian forces. The realist’s other option is to claim that there is a relation between evolutionary influences and independent evaluative truths, namely that natural selection favored ancestors who were able to grasp those truths. But this account, I argue, is unacceptable on scientific grounds. Either way, then, realist theories of value prove unable to accommodate the fact that Darwinian forces have deeply influenced the content of human values. After responding to three objections, the third of which leads me to argue against a realist understanding of the disvalue of pain, I conclude by sketching how antirealism is able to sidestep the dilemma I have presented. Antirealist theories of value are able to offer an alternative account of the relation between evolutionary forces and evaluative facts —
an account that allows us to reconcile our understanding of evaluative truth with our understanding of the many non-rational causes that have played a role in shaping our evaluative judgements. (shrink)

I argue that there is a continuum of judgments ranging from those that are affectively rich, what might be called passionate judgments, to those that are purely cognitive and nonaffective, what might be called dispassionate judgments. The former are akin to desires and other affective states and so are necessarily motivating. Applying this schema to moral judgments, I maintain that the motivational internalist is wrong in claiming that all moral judgments are necessarily motivating, but right in regard to the subset (...) of passionate moral judgments. This picture of moral judgments has implications for related debates in metaethics between cognitivists and non-cognitivists and between Humeans and anti-Humeans. (shrink)

A number of authors have recently developed and defended various versions of ‘normative essentialism’ about the mental, i.e. the claim that propositional attitudes are constitutively or essentially governed by normative principles. I present two arguments to the effect that this claim cannot be right. First, if propositional attitudes were essentially normative, propositional attitude ascriptions would require non-normative justification, but since this is not a requirement of folk-psychology, propositional attitudes cannot be essentially normative. Second, if propositional attitudes were essentially normative, propositional (...) attitude ascriptions could not support normative rationality judgments, which would remove the central appeal of normative essentialism. (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)

Internalists argue that there is a necessary connection between motivation and moral judgment. The examination of cases plays an important role in philosophical debate about internalism. This debate has focused on cases concerning the failure to act in accordance with a moral judgment, for one reason or another. I call these failure cases . I argue that a different sort of case is also relevant to this debate. This sort of case is characterized by (1) moral judgment and (2) behavior (...) that accords with the content of the moral judgment but that has been performed not because of the moral judgment. Instead it is due to some other source of motivation. I call these alternative motivation cases . I distinguish two sorts of alternative motivation cases, and I argue that externalists have natural explanations of these cases. By contrast, extant internalist accounts of failure cases are inadequate when applied to alternative motivation cases. (shrink)

There is an awakening of interest in links between geography and moral philosophy, or ethics. This paper reviews a range of issues where common ground might be found on this new disciplinary interface. These issues include the historical geography of moralities, the notion of moral geographies, inclusion and exclusion in the context of the bounding of spaces, and the moral significance of distance and proximity, as well as the more familiar concern with social justice. Environmental ethics provides a link with (...) the physical side of the subject. Some suggestions are made as to the possible contribution of geography to the understanding of moral issues. (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)

Titelbaum Oxford studies in epistemology, 2015) has recently argued that the Enkratic Principle is incompatible with the view that rational belief is sensitive to higher-order defeat. That is to say, if it cannot be rational to have akratic beliefs of the form “p, but I shouldn’t believe that p,” then rational beliefs cannot be defeated by higher-order evidence, which indicates that they are irrational. In this paper, I distinguish two ways of understanding Titelbaum’s argument, and argue that neither version is (...) sound. The first version can be shown to rest on a subtle, but crucial, misconstrual of the Enkratic Principle. The second version can be resisted through careful consideration of cases of higher-order defeat. The upshot is that proponents of the Enkratic Principle are free to maintain that rational belief is sensitive to higher-order defeat. (shrink)

Contrary to popular opinion, non-natural realism can explain both why normative properties supervene on descriptive properties, and why this pattern is analytic. The explanation proceeds by positing a subtle polysemy in normative predicates like “good”. Such predicates express slightly different senses when they are applied to particulars (like Florence Nightingale) and to kinds (like altruism). The former sense, “goodPAR”, can be defined in terms of the latter, “goodKIN”, as follows: x is goodPAR iff there is a kind K such that (...) x is a token of K, and K is goodKIN. Now if x and y are descriptively exactly similar, then they are tokens of exactly the same kinds, so x is a token of a goodKIN kind if and only if y is. Therefore, by the definition, x is goodPAR if and only if y is. Supervenience just falls out of the definition of “goodPAR”. (shrink)

The relevance of different concepts of computer software (henceforth SW) rights is analysed from the viewpoint of divergent sociopolitical doctrines. The question of software rights is considered from the ontological assumptions, on one extreme, to the relevance of current practical applications of SW rights (such as copyright and patent), on the other extreme. It will be argued (from a non-descriptive/non-cognitive account) that the current expression of SW rights in Western societies (namely copyright, excluding patent) can be seen to be fair (...) from the viewpoint of the theses of agreed rights and universalisability. Finally, given that such practice is neither immoral, nor irrelevant-but fair (based on the ad ignorantiam argument)-we have good reason to respect it rather than violate or demolish it. (shrink)

In this paper I argue that the explanationist argument in favour of moral realism fails. According to this argument, the ability of putative moral properties to feature in good explanations provides strong evidence for, or entails, the metaphysical claims of moral realism. Some have rejected this argument by denying that moral explanations are ever good explanations. My criticism is different. I argue that even if we accept that moral explanations are (sometimes) good explanations the metaphysical claims of realism do not (...) follow. (shrink)

This paper is a concise survey of recent expressivist theories of discourse, focusing on the ethical case. For each topic discussed recent trends are summarised and suggestions for further reading provided. Issues covered include: the nature of the moral attitude; ‘hybrid’ views according to which moral judgements express both beliefs and attitudes; the quasi-realist programmes of Simon Blackburn and Allan Gibbard; the problem of creeping minimalism; the nature of the ‘expression’ relation; the Frege-Geach problem; the problem of wishful thinking; the (...) role of moral intuitions; expressivism in aesthetics. (shrink)

I consider various principles which might explain our intuitive obligation to rescue people from imminent death at great cost, even when the same resources could produce more benefit elsewhere. Our obligation to rescue is commonly explained in terms of the identifiability of the rescuee, but I reject this account. Instead, I offer two considerations which may come into play. Firstly, I explain the seeming importance of identifiability in terms of an intuitive obligation to prioritise life-extending interventions for people who face (...) a high risk of an early death, and I explain this in turn with a fair innings-style principle which prioritises life-extending interventions for people expected to die young. However, this account is incomplete. It does not explain why we would devote the same resources to rescuing miners stuck down a mine even if they are elderly. We are averse to letting people die suddenly, or separated from friends and family. And so, secondly, I give a new account that explains this in terms of narrative considerations. We value life stories that follow certain patterns, classic patterns which are reflected in many popular myths and stories. We are particularly averse to depriving people of the opportunity to follow some such pattern as they approach death. This means allowing them to sort out their affairs, say goodbyes to family and friends, review their life, or come to terms with death itself. Such activities carry a lot of meaning as ways of closing our life story in the right way. So, for someone who has not been given much notice of their death, an extra month is worth much more than for other patients. Finally, I review the UK National Health Service's end of life premium, which gives priority to patients with short life expectancy. I suggest it falls short in terms of such considerations. For example, the NHS defines its timings in terms of how long the patient can expect to live as at the time of the treatment decision, whereas the timings should be specified in terms of time from diagnosis. (shrink)