This chapter discusses two different issues about the relationship between legal positivism and robust normativity (understood as the most authoritative kind of normativity to which we appeal). First, the chapter argues that, in many contexts when discussing “legal positivism” and “legal antipositivism”, the discussion should be shifted from whether legal facts are ultimately partly grounded in moral facts to whether they are ultimately partly grounded in robustly normative facts. Second, the chapter explores an important difference within the kinds of arguments (...) that legal philosophers give for the (purported) truth of legal positivism. The difference concerns whether (purportedly) robustly normative facts are appealed to as premises in those arguments or not. (A closely connected issue is whether (purportedly) normative facts that bear one or more important connections to robustly normative facts are appealed to in premises to those arguments.) The chapter argues that thinking about this dividing line helps people better situate the positivist/antipositivist dispute, better understand the space of views in legal philosophy, better evaluate those views, and avoid having merely verbal disputes. (shrink)

Pessimists about trust in the normative domain believe that forming normative beliefs on the basis of trusting others is problematic, forming normative beliefs in other ways is not so problematic and forming non-normative beliefs on the basis of trust is not so problematic. Whilst there is substantial disagreement over the best way of accounting for pessimist ideas about trust, it is widely accepted that the intuitively problematic character of forming normative beliefs on the basis of trust cannot be explained in (...) terms of the idea that trust cannot be a source of normative knowledge. This paper argues that the dismissal of scepticism about trust as a source of normative knowledge is unwarranted. It does so by developing a sceptical explanation of pessimist ideas, arguing that the obvious arguments against the sceptical explanation fail and arguing that the sceptical explanation has the resources to resolve the considerations that present problems for existing explanations. (shrink)

Summary: The paper provides an argument for modal primitivism, the view that necessity is not defined and is therefore part of the structure of reality. It then raises the explanation-challenge for primitivists: how can modal truths be explained by hyper-intensional truths, if necessity is not defined in terms of hyper-intensional phenomena? To address the challenge, the paper introduces 'sophisticated modal primitivism' which gives a substantive analysis of the notion of a 'source of necessity'. The final part of the paper offers (...) some applications of that novel piece of ideology. (shrink)

Normative explanations, which specify why things have the normative features they do, are ubiquitous in normative theory and ordinary thought. But there is much less work on normative explanation than on scientific or metaphysical explanation. Skow (2016) argues that a complete answer to the question why some fact Q occurs consists in all of the reasons why Q occurs. This paper explores this theory as a case study of a general theory that promises to offer us a grip on normative (...) explanation which is independent of particular normative theories. I first argue that the theory doesn’t give an adequate account of certain enablers of reasons which are important in normative explanation. I then formulate and reject three responses on behalf of the theory. But I suggest that since theories of this general sort have the right kind of resources to illuminate how normative explanation might be similar to and different from explanations in other domains, they nonetheless merit further exploration by normative theorists. (shrink)

Non-naturalism – roughly the view that normative properties and facts are sui generis and incompatible with a purely scientific worldview – faces a difficult challenge with regard to explaining why it is that the normative features of things supervene on their natural features. More specifically: non-naturalists have trouble explaining the necessitation relations, whatever they are, that hold between the natural and the normative. My focus is on Stephanie Leary's recent response to the challenge, which offers an attempted non-naturalism-friendly explanation for (...) the supervenience of the normative on the natural by appealing to hybrid properties, the essences of which link them to both natural and sui generis normative properties in suitable ways. I argue that despite its ingenuity, Leary's solution fails. This is so, I claim, because there are no hybrid properties of the sort that her suggestion appeals to. If non-naturalists are to deal with the supervenience challenge, they will have to find another way of doing so. (shrink)

Nonnaturalist realism is the view that normative properties are unique kind of stance-independent properties. It has been argued that such views fail to explain why two actions that are exactly alike otherwise must also have the same normative properties. Mark Schroeder and Knut Olav Skarsaune have recently suggested that nonnaturalist realists can respond to this supervenience challenge by taking the primary bearers of normative properties to be action kinds. This paper develops their response in two ways. First, it provides additional (...) motivation for the previous claim about the bearers of normative properties by drawing from the work of H. A. Prichard. Second, and more importantly, it formulates a plausible metaphysical framework based on the contemporary trope theory to explain why action kinds would have their second-order properties, including their normative properties, necessarily. (shrink)

Brentano is often considered the originator of the fitting-attitudes analysis of value, on which to be valuable is to be that which it’s fitting to value. But there has been comparatively little attention paid to Brentano’s argument for this analysis. That argument advances the stronger claim that fittingness is part of the analysis of normativity. Since the argument rests on an analogy between truth and fittingness, its impact may seem limited by the idiosyncratic features of Brentano’s later notion of truth. (...) I argue, however, that the Brentanian argument is defensible even if fittingness is analogized to a more typical realist account of truth. The result is what I call the worldly Brentanian account of normativity. I defend this account as a form of naturalistic realism. I then show how the account can fare better than prominent alternatives against two kinds of error-theoretic arguments. (shrink)

This essay concerns two forms of moral non-naturalism according to which general moral principles or laws enter into the grounding explanations of particular moral facts. According to bridge-law non-naturalism, the laws are themselves partial grounds of the moral facts; whereas according to grounding-law non-naturalism, the laws explain the grounding connections that obtain between particular natural facts and particular moral facts. I pose and develop an objection to BLNN concerning moral worth: as compared to GLNN, BLNN has trouble accommodating the common (...) intuition that actions performed out of motivation for rightness de dicto are, at least in paradigm cases, deficient in their moral worth as compared to those performed out of motivation for rightness de re. After presenting the moral worth objection to BLNN, I respond to a possible defense of the view and explain why GLNN is not itself imperiled by an analogous objection. I finally argue that in light of the moral worth objection, a purported analogy between the law and morality fails to give us any reason to prefer BLNN to GLNN. I conclude that non-naturalists who accept the existence of general and explanatory moral principles should adopt GLNN rather than BLNN. (shrink)

This article aims to contribute to the largely neglected issue of whether metaphysical grounding – the relation of one fact’s obtaining in virtue of the obtaining of some other (or others) – can be given a reductive account. I introduce the notion of metaphysically opaque grounding, a form of grounding which constitutes a less metaphysically intimate connection than in standard cases. I then argue that certain important and interesting views in metaphysics are committed to there being cases of opaque grounding (...) and demonstrate that four representative accounts of grounding available in the literature are unable to accommodate such cases. This is argued to constitute a problem for those accounts that is likely to extend to other possible reductive accounts of grounding that employ the popular strategy of explaining grounding in terms of other hyperintensional phenomena. Unless the reductionist is willing to opt for some sophisticated modalist account, the possibility of opaque grounding cases thus provides indirect support for primitivism about grounding, a view that has previously been widely embraced but rarely supported by argument. (shrink)

I argue that all reasons for actions and attitudes consist in reasons for preferences; call this view RP. According to RP, reasons for A to believe that p just consist in reasons for A to prefer their believing that p to their not believing that p, and reasons for A to have a pro-attitude or perform an action just consist in reasons for A to prefer that she has that attitude/performs that action. I argue that we have strong reason to (...) accept RP because we can explain a correlation between reasons for prefer- ences and other reasons only if we accept RP. I argue that no objections undermine RP and that RP has interesting implications for the reasons for attitudes there are and for reasons fundamentalism. (shrink)

The claim that the normative depends on the non-normative is just as entrenched in metanormative theory as the claim that the normative supervenes on the non-normative. It is widely held to be a genuine truism, a conceptual truth that operates as a constraint on competence with normative concepts. Call it the dependence constraint. I argue that this status is unwarranted. While it is true that the normative is dependent, it is not a genuine truism, or a conceptual truth, that it (...) depends on the nonnormative. I argue for the following inadequacy claim: that when we cull all the normative terms from our language, and so the concepts that they stand for, what we will be left with will not necessarily be sufficient to adequately describe, conceptualize or represent what it is that we are supposed to be making normative judgements in virtue of. This has implications for both ascriptive and metaphysical understandings of the dependence constraint, and the potential to radically reshape the dialectic in metanormative theory. (shrink)

One of the most fundamental debates in metaethics is whether the normative facts are mind-dependent. Yet some philosophers are skeptical that mind-dependence is a category that's significant in the way metaethicists have assumed it is. In this paper, I consider a puzzle that showcases this skepticism, explaining how it undermines the most natural reading of the mind-dependence claim. I then go on to show that no modification of this reading within a certain class can hope to solve the problem. I (...) conclude by suggesting a new way that mind-dependence should be understood: mind-dependence is ultimately a matter of how normative principles are grounded. I develop this view briefly before concluding. (shrink)

Many non-naturalists about the normative want to endorse the view that some normative facts hold in virtue of both non-normative facts and normative principles. In this paper, I argue that non-naturalism is inconsistent with this thesis, due to the nature of normative principles and their grounds. I then consider two ways in which the nonnaturalist position could be modified or expanded to solve this problem. No solution, it turns out, is without its problems. I end by considering how the non-naturalist (...) can deny that normative facts obtain partially in virtue of principles. (shrink)

A core tenet of metanormative non-naturalism is that genuine or robust normativity—i.e., the kind of normativity that is characteristic of moral requirements, and perhaps also of prudential, epistemic and even aesthetic requirements—is metaphysically special in a way that rules out naturalist analyses or reductions; on the non-naturalist view, the normative is sui generis and metaphysically discontinuous with the natural. Non-naturalists agree, however, that the normative is modally as well as explanatorily dependent on the natural. These two commitments—discontinuity and dependence—at least (...) initially pull in opposite directions, and one of the central challenges to non-naturalism is how to reconcile them. In this paper I spell out the most pressing version of this discontinuity problem, as I propose to call it, and I go on to offer a novel solution. Drawing on the ideology of reasons-firstism, I formulate an account of normative explanation which reconciles the two commitments, and I argue that competing accounts either do not solve the problem or are implausible on independent grounds. (shrink)

Non-naturalists about normativity hold that there are instantiable normative properties which are metaphysically discontinuous with natural properties. One of the central challenges to non-naturalism is how to reconcile this discontinuity with the supervenience of the normative on the natural. Drawing on J. L. Mackie’s seminal but highly compressed discussion in Ethics: Inventing Right and Wrong, this paper argues that the supervenience challenge as usually conceived is merely a symptom of a more fundamental challenge in the vicinity.

The past few decades have witnessed an extraordinary revival of interest in metanormative non-naturalism. Despite this interest, it is still unclear how to understand the distinctive metaphysical commitments of this view. We illustrate the relevant difficulties by examining what is arguably the most prominent class of contemporary attempts to formulate non-naturalism’s metaphysical commitments. This class of proposals, exemplified in work by Gideon Rosen and Stephanie Leary, characterizes the distinctive metaphysical commitments of non-naturalism in terms of metaphysical grounding and essence. We (...) argue that these proposals overgeneralize: they either misclassify intuitively naturalistic hypotheses about the metaphysics of normativity as “non-naturalist”, or misclassify hypotheses in other areas of metaphysics. We argue that this problem stems from features of grounding itself. We suggest a more promising alternative for formulating non-naturalism, which revolves around the notion of objective similarity between classes of properties. We conclude by drawing some general lessons for inquiry about the metaphysics of normativity, and about metaphysics in general. (shrink)

ABSTRACT The literature surrounding Horgan and Timmons’s Moral Twin Earth scenarios has focused on whether such scenarios present a metasemantic problem for naturalist realists. But in Choosing Normative Concepts, Eklund uses a similar scenario to illuminate a novel, distinctly metaphysical problem for normative realists of both naturalist and non-naturalist stripes. The problem is that it is not clear what would suffice for the sort of ardent realist view that normative realists have in mind – the view that reality itself favors (...) certain ways of acting and valuing. Eklund then offers a metasemantic view that he thinks can provide the best solution to this problem. In this reply to Eklund, I argue that Eklund’s treatment of the problem and his solution re-entangle metaphysical and metasemantic issues that ought to be kept separate. I also argue that there is a purely metaphysical solution to the problem at hand, which Eklund’s own solution seems to implicitly rely upon. While these criticisms do not suggest that Eklund’s positive view is false, they do undermine some of the broader lessons that Eklund hopes to draw from the view. (shrink)

This paper argues that if motivation by rightness de re is praiseworthy, then so is motivation by rightness de dicto. I argue that these two types of moral motivation have been unfairly compared, in light of a widespread failure to appreciate the structural similarities between them. These structural similarities become clear when we think more carefully about the nature of motivation and about moral metaphysics. I then argue that the two types of moral motivation are on a par by discussing (...) a series of minimal pairs. I argue that in good cases, in which the agent succeeds in doing what she is motivated to do, both motivations seem praiseworthy, and that bad cases, in which the agent fails, arise for motivation by rightness de re in precisely the same way as they do for motivation by rightness de dicto. I then offer a way to evaluate the unsuccessful agents, according to which someone's motivations can still be praiseworthy even if her actions and moral beliefs are both blameworthy, and someone can have certain praiseworthy motivations while lacking others. On my view, most of us are deeply flawed agents who nonetheless have some redeeming features—including our moral motivations. (shrink)

It is widely accepted that necessity comes in different varieties, often called ‘kinds': metaphysical necessity, logical necessity, natural necessity, conceptual necessity, moral necessity, to name but a few – and the same goes for the varieties of possibility. What is usually not fully appreciated, however, is that modal variety is not simply ‘unidimensional': it does not only involve one main variable – kind, whose values are the particular kinds of necessity. Rather, I argue, it is ‘bidimensional', involving two distinct variables (...) – domain and strength. In the first part of the paper, I introduce and develop the proposed bidimensional picture of modal variety, defending it against the common, unidimensional one. In the second part, I consider how the main available accounts of necessities and their relations rely, at least to a significant extent, on the latter picture, pointing out important limitations that they face as a result. I also show how, accordingly, alternative accounts based on a clear and systematic distinction between domain and strength would overcome those limitations. I conclude that, beyond the particular bidimensionalist view defended, our understanding of the modal realm may benefit from more direct debate on whether and how it is multidimensional. (shrink)

It is widely held, even among nonnaturalists, that the moral supervenes on the natural. This is to say that for any two metaphysically possible worlds w and w′, and for any entities x in w and y in w′, any isomorphism between x and y that preserves the natural properties preserves the moral properties. In this paper, I put forward a conceivability argument against moral supervenience, assuming non-naturalism. First, I argue that though utilitarianism may be true, and the trolley driver (...) is permitted to kill the one to save the five, there is a conceivable scenario that is just like our world in all natural respects, yet at which deontology is true, and the trolly driver is not permitted to kill the one to save the five. I then argue that in the special case of morality, it is possible to infer from the conceivability of such a scenario to its possibility. It follows that supervenience is false. (shrink)

I argue for the viability of one neglected way of developing supervenience-based objections to metaethical non-naturalism. This way goes through a principle known as ‘Hume’s Dictum’, according to which there are no necessary connections between distinct existences. I challenge several objections to the Hume’s Dictum-based argument. In the course of doing so, I formulate and motivate modest and precise versions of Hume’s Dictum, illustrate how arguments employing these principles might proceed, and argue that the Hume’s Dictum argument enjoys some advantages (...) relative to other supervenience-based objections to non-naturalism. (shrink)

It is widely agreed that normative properties supervene on natural properties. Non-naturalists face a distinctive challenge to explain this relation. Stephanie Leary argues that non-naturalists can meet this explanatory demand by positing the existence of hybrid normative properties. I argue that this proposal does not meet the supervenience challenge.

Ground, essence, and modality seem to have something to do with each other. Can we provide unified foundations for ground and essence, or should we treat each as primitives? Can modality be grounded in essence, or should essence be expressed in terms of modality? Does grounding entail necessitation? Are the notions of ground and essence univocal? This volume focuses on the links—or lack thereof—between these three notions, as well as the foundations of ground, essence, and modality more generally, bringing together (...) work on the metaphysics, epistemology, and logic of these three notions by some of the leading figures in the field as well as emerging young scholars. The invited contributors to this volume presented their work at a conference on Ground, Essence, and Modality at the University of Helsinki in June 2016, funded by the Academy of Finland Project The Epistemology of Metaphysics: From Rationalism to Nominalism. This conference is just one of many recent high-profile events and publications on these themes (e.g., the edited volumes Correia and Schnieder 2012a; Sirkel and Tahko 2014; Jago 2016). After providing a brief historical summary of the (re)emergence of modality, essence and ground as central notions in metaphysics (Sect. 1), we shall outline some of the main themes in recent work on these notions and on the links between them (Sect. 2). In Sect. 3 we briefly introduce the papers in this volume. (shrink)

Hume’s Law that one cannot derive an “ought” from an “is” has often been deemed to bear a significance that extends far beyond logic. Repeatedly, it has been invoked as posing a serious threat to views about normativity: naturalism in metaethics and positivism in jurisprudence. Yet in recent years, a puzzling asymmetry has emerged: while the view that Hume’s Law threatens naturalism has largely been abandoned (due mostly to Pigden’s work, see e.g. Pigden 1989), the thought that Hume’s Law is (...) a serious challenge to positivism has only grown in prominence. Our main aim is to establish that Hume’s Law is not a threat to positivism or naturalism. First, we connect extensive, but unfortunately siloed, discussions of this issue. Second, we show that Hume’s Law is not a serious threat to naturalism or positivism, for the gap between logic and such theses is very hard to bridge in a way that would make Hume’s Law able to bear this significance. Finally, we emphasize an implication of our discussion: it undermines one of the main “dialectical tributaries” in jurisprudence (Toh 2018). (shrink)

Robert Adams defends a platonic account of goodness, understood as excellence, claiming that there exists a platonic good that all other good things must resemble, identifying the Good with God. Mark Murphy agrees, but argues that this platonic account is in need of Aristotelian supplementation, as resemblance must take into account a thing’s kind-membership. While this article will accept something like Murphy’s account of goodness, it will further develop its details and support. Without relying on theistic premises, I show that (...) the metaphysical status of an individual’s goodness consists in resemblance with the platonic good. As for the distinct question of what that goodness holds in virtue of, I conclude it holds in virtue of exactly: the thing’s own properties, those properties being such as to satisfy its kind-based standards, and those K-standards resembling the platonic good. I then develop an account of how K-standards resemble the platonic good: The K-standards resemble it firstly with respect to requiring activities, as the platonic good will be posited to be active, and must resemble it secondly also at the level of what teleology those activities are directed towards. I also motivate the need for a third respect of resemblance, to be developed in future work. The article ends with a discussion of the nature of the platonic good. (shrink)

Explaining the supervenience of the moral on the natural is, perhaps, the central metaphysical challenge for the non-naturalist. However, Scanlon (2014) and Fogal and Risberg (2020) have developed a strategy which purports to explain supervenience rather simply. Fogal and Risberg call it the 'Divide and Conquer' strategy. The key idea is to postulate explanatory moral principles linking the natural and the moral. The moral principles are metaphysically necessary, so trivially supervene on the natural. All other moral facts are determined by (...) the necessary moral principles and the natural facts, so they supervene on the natural too. -/- I argue that there are two versions of the Divide and Conquer strategy and both fail. The first strategy doesn’t give an adequate explanation of supervenience because it doesn't properly identify what makes a difference to the holding of supervenience. The second perhaps does give an adequate explanation of supervenience, but only by introducing something similarly puzzling that needs explanation. -/- Consequently, non-naturalists need additional metaphysical machinery to develop their view -- just appealing to moral principles or metaphysical laws won't do the job. (shrink)

Moral properties are explained by other properties. And moral principles tell us about moral properties. How are these two ideas related? In particular, is the truth of a given moral principle part of what explains why a given action has a given moral property? I argue “No.” If moral principles are merely concerned with the extension of moral properties across all possible worlds, then they cannot be partial explainers of facts about the instantiation of those properties, since in general necessitation (...) does not suffice for explanation. And if moral principles are themselves about what explains the moral properties under their purview, then by their own lights they are not needed in order to explain those moral properties’ instantiation—unless, that is, the principles exhibit an objectionable form of metaphysical circularity. So moral principles cannot explain why individual actions have moral properties. Nor, I also argue, can they explain why certain other factors explain why those actions have the moral properties that they do, or in some other way govern or mediate such first-order explanations of particular moral facts. When it comes to the explanation of an individual action’s specific moral features, moral principles are explanatorily idle. (shrink)

ABSTRACT This paper discusses three aspects of Karen Bennett’s theory of building relations, as articulated in her book Making Things Up: the inclusion of causation among the building relations, the denial that non-fundamental things add to the complexity of a theory, and the claim that building relations are one-sided relations that are themselves built. Section 1 gives a brief overview. Section 2 seeks to motivate a distinction between building relations and making relations, and questions whether the deep structural similarities among (...) building relations has the methodological consequences that Bennett claims. Section 3 argues against the claim that considerations of ontological simplicity in theory choice are restricted to non-fundamental entities. Section 4 raises objections to the idea of a one-sided building relation. (shrink)

It’s commonly held that particular moral facts are explained by ‘natural’ or ‘descriptive’ facts, though there’s disagreement over how such explanations work. We defend the view that general moral principles also play a role in explaining particular moral facts. More specifically, we argue that this view best makes sense of some intuitive data points, including the supervenience of the moral upon the natural. We consider two alternative accounts of the nature and structure of moral principles—’the nomic view’ and ‘moral platonism’—before (...) considering in what sense such principles obtain of necessity. (shrink)

Moral realists often disagree about the nature of moral properties. These properties can be natural (as per naturalistic moral realism) or non-natural. But it is unclear how we should understand the notion of naturalness employed in these discussions. In this paper I propose a novel account of moral naturalness. I suggest that a property F is natural iff F falls within the scope of a natural law. In turn, a law is natural when it figures in a nomic nexus involving (...) the laws of physics. (shrink)

Tässä artikkelissa käsittelen Descartesin ikuisten totuuksien välttämättömyyteen liittyvää ongelmaa. Teoksessa Mietiskelyjä ensimmäisestä filosofiasta (1641–1642) Descartes nostaa esiin käsitteen ikuisista totuuksista, käyttäen esimerkkinään kolmiota. Kolmion muuttumattomaan ja ikuiseen luontoon kuuluu esimerkiksi, että sen kolme kulmaa ovat yhteenlaskettuna 180°. Se on totta kolmiosta, vaikka yhtään yksittäistä kolmiota ei olisi koskaan ollutkaan olemassa. Eräät ajattelemieni asioiden piirteet ovat siis Descartesin mukaan ajattelustani riippumattomia. Ikuisia totuuksia ovat ainakin matemaattiset ja geometriset tosiseikat sekä ristiriidan laki. Samoin Descartesin kuuluisa lause “ajattelen, siis olen” lukeutuu ikuisten totuuksien (...) joukkoon. Descartesin ikuiset totuudet olisivatkin siis loogisesti välttämättömiä. Niillä on kyseinen olemus riippumatta ulkoisten kohteiden olemassaolosta tai siitä, ajattelenko niitä lainkaan. Kuitenkin kirjeenvaihdossaan Descartes pitää itsepintaisesti kiinni käsityksestään, että ikuiset totuudet ovat Jumalan vapaasti luomia ja Jumala olisi voinut luoda ne erilailla. Näin ollen luodut ikuiset totuudet eivät tarkkaan ottaen olisikaan välttämättömiä vaan kontingentteja. Ne voisivat olla myös toisella tavalla. Artikkelin alkuun esittelen Descartesin modaalista metafysiikkaa sekä luotujen ikuisten totuuksien kontingenttiudesta seuraavia tulkinnallisia vaikeuksia. Tämän jälkeen pureudun kolmeen erilaiseen ratkaisuyritykseen kommentaarikirjallisuudessa (Frankfurt 1977; Curley 1984 & Bennett 1994) ja osoitan, miksi ne eivät riitä vastaamaan ongelmaan. Lopussa vedän johtopäätöksiä ja luonnostelen mahdollisen ratkaisun. (shrink)