Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...) descriptivist, “rule-relational” semantics combined with a pragmatic account of the expressive and practical functions of legal discourse. We argue that this approach is at least as well-equipped as expressivism to explain the motivational and prescriptive features of “internal” legal statements, as well as a fundamental kind of legal disagreement, while being better positioned to account for various “external” uses of the same language. We develop this theory in a Hartian framework, and in the final part of the paper argue (particularly against Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along such quasi-expressivist lines. (shrink)

According to content-relativist theories of moral language, different speakers use the same moral sentences to say different things. Content-relativism faces a well-known problem of lost disagreement. Recently, numerous content-relativists (including the author) have proposed to solve this problem by appeal to various kinds of non-content-based, or broadly pragmatic, disagreement. This presents content-relativists with a new problem—of found agreement. Which (if any) of these newly identified kinds of conflict is correctly identified as the lost moral disagreement we were looking for? This (...) paper offers a critical comparison of different content-relativist proposals. It divides them into two broad categories, quasi-expressivist theories (QED) and metalinguistic theories (MLD). Objections to each are considered, and QED is tentatively found to be superior. (shrink)

I argue that not all context dependent expressions are alike. Pure (or ordinary) indexicals behave more or less as Kaplan thought. But quasi indexicals behave in some ways like indexicals and in other ways not like indexicals. A quasi indexical sentence φ allows for cases in which one party utters φ and the other its negation, and neither party’s claim has to be false. In this sense, quasi indexicals are like pure indexicals (think: “I am a doctor”/“I am not a (...) doctor” as uttered by different individuals). In such cases involving a pure indexical sentence, it is not appropriate for the two parties to reject each other’s claims by saying, “No.” However, in such cases involving a quasi indexical sentence, it is appropriate for the par- ties to reject each other’s claims. In this sense, quasi indexicals are not like pure indexicals. Drawing on experimental evidence, I argue that gradable adjectives like “rich” are quasi indexicals in this sense. e existence of quasi indexicals raises trouble for many existing theories of context dependence, including standard contextualist and relativist theories. I propose an alternative semantic and pragmatic theory of quasi indexicals, negotiated contextualism, that combines insights from Kaplan 1989 and Lewis 1979. On my theory, rejection is licensed with quasi indexicals (even when neither of the claims involved has to be false) because the two utterances involve conflicting proposals about how to update the conversational score. I also adduce evidence that conflicting truth value assessments of a single quasi indexical utterance exhibit the same behavior. I argue that negotiated contextualism can account for this puzzling property of quasi indexicals as well. (shrink)

Despite its increasing prominence, ‘ought’-contextualism is regarded with suspicion by most metaethicists. I argue, however, that contextualism is a very weak claim, that every metaethicist can sign up to. The real controversy concerns how contextualism is developed. I then draw an oft-overlooked distinction between “parochial” contextualism – on which the contextually-relevant standards are those that the speaker, or others in her environment, subscribe to – and “aspirational” contextualism – on which the contextually-relevant standards are the objective standards (if any) for (...) the relevant domain. However, I argue that neither view is acceptable. I suggest a compromise: “ecumenical contextualism”, on which some uses of ‘ought’ are parochial, others aspirational. Ecumenical contextualism is compatible with realism or anti-realism, but either combination yields interesting results. And though it’s a cognitivist view, it is strengthened by incorporating an expressivist insight: for robustly normative usages of ‘ought’, the contextually-relevant standards must be endorsed by the speaker. (shrink)

Dworkin’s famous argument from legal disagreements poses a problem for legal positivism by undermining the idea that the law can be (just) the result of the practice and attitudes of norm-applying officials. In recent work, the chapter author argued that a hybrid contextualist theory paired with a dispositional theory of value—a hybrid dispositionalism, for short—offers the resources to respond to similar disagreement- based arguments in other evaluative and normative domains. This chapter claims that the theory the author advocates can extend (...) to legal statements and disputes, and shares some important features with Toh’s (2011) idea that legal statements express shared acceptance of norms. The chapter proposes that a contextualist semantics for legal statements paired with the pragmatic communication of implicatures that express shared acceptances of norms, achieves the same goal that Toh aims at. (shrink)

In a brief discussion of epistemic modals, Wittgenstein (1953) warns against ‘regard[ing] a hesitant assertion as an assertion of hesitancy’. A modal claim like ‘It might be raining’, the thought goes, should not be regarded as an assertion of the speaker's uncertainty as to whether or not it is raining, but rather as something quite different in kind: a proposal to treat the possibility of rain as live. Wittgenstein’s admonition has, in recent years, been at the heart of arguments that, (...) in order to make sense of the dynamics of epistemic modal claims, we must reject the contextualist framework for analyzing communication—a framework on which assertions of epistemic modal claims, like all assertions, convey information. In this paper, I argue that, on the contrary, taking Wittgenstein's admonition seriously does not require abandoning the contextualist framework: we can capture the fundamental dynamics of epistemic modality within the contextualist framework, provided we take the assertoric content of unembedded epistemic modal claims to be determined by the prospective common attitudes of the conversants in question. (shrink)

This dissertation argues for Semantic Variance, the thesis that nearly every utterance is such that there is no proposition that more than one languge user takes to be that utterance's truth-conditional content. I argue that Semantic Variance is problematic for standard theories concerning the nature of communication, the epistemic significance of ordinary disputes, the semantics of speech reports, and the nature of linguistic competence. In response to the problems arising from the truth of Semantic Variance, I develop new accounts of (...) the transmission of relevant information, ordinary disputes, and the semantics of speech reports. Towards the end of the dissertation I outline a pluralistic account about the nature of communication and linguistic competence. (shrink)

According to standard assumptions in semantics, ordinary users of a language have implicit beliefs about the truth-conditions of sentences in that language, and they often agree on those beliefs. For example, it is assumed that if Anna and John are both competent users of English and the former utters ‘grass is green’ in conversation with the latter, they will both believe that that sentence is true if and only if grass is green. These assumptions play an important role in an (...) intuitively compelling picture of communication, according to which successful communication through literal assertoric utterances is normally effected thanks to our shared beliefs about the truth-conditions of the sentences uttered in the course of the conversation. Against these standard assumptions, this paper argues that the participants in a conversation rarely have the same beliefs about the truth-conditions of the sentences involved in a linguistic interaction. More precisely, it argues for Variance, the thesis that nearly every utterance is such that there is no proposition which more than one language user believes to be that utterance’s truth-conditional content. If Variance is true, we must reject the standard picture of communication. Towards the end of the paper I identify three ways in which ordinary conversations can be communication-like despite the truth of Variance and argue that the most natural amendments to the standard picture fail to explain them. (shrink)

The field of metaethics, the branch of moral philosophy that examines the nature and status of morality, is rich in theoretical diversity. Nonetheless, a majority of professional philosophers embrace a subset of theories that affirm the existence of objective moral facts. I suggest that this may be related to the very method that philosophers use to construct metaethical theories. This method involves analyzing how ordinary people think and argue about morality. Analysis of ordinary moral discourse is meant to reveal common (...) platitudes (or truisms) about the nature of morality itself, including the platitude that morality trades in objective moral facts. But do philosophers investigate ordinary moral discourse in any systematic way? How do they arrive at such platitudes? On what grounds are they jusified? In this paper, I critically examine these questions, and argue that a) any such platitudes need to be investigated systematically through empirical research, and b) philosophers ought to be engaged in this research themselves. (shrink)