In this paper, we present a new semantic challenge to the moral error theory. Its first component calls upon moral error theorists to deliver a deontic semantics that is consistent with the error-theoretic denial of moral truths by returning the truth-value false to all moral deontic sentences. We call this the ‘consistency challenge’ to the moral error theory. Its second component demands that error theorists explain in which way moral deontic assertions can be seen to differ in meaning despite necessarily (...) sharing the same intension. We call this the ‘triviality challenge’ to the moral error theory. Error theorists can either meet the consistency challenge or the triviality challenge, we argue, but are hard pressed to meet both. (shrink)

Mill says that the object of his essay On Liberty is to defend a certain principle, which I will call the ‘liberty principle’, and will take to say the following: ‘It is permissible, in principle, for the state or society to control the actions of individuals “only in respect to those actions of each, which concern the interest of other people”’. The liberty principle is a prescription of intermediate generality. Mill intends it to support more specific political prescriptions, such as (...) liberty of conscience, of expressing and publishing opinions, of framing a plan of life to suit our own character, and of combination for any purpose not involving harm to others . The liberty principle is more general than these prescriptions but less general than its possible moral foundations, such as utilitarianism. My concern will be with attempts to defend the liberty principle by showing it to be supported by an acceptable moral position. (shrink)

Mill says that the object of his essay On Liberty is to defend a certain principle, which I will call the ‘liberty principle’, and will take to say the following: ‘It is permissible, in principle, for the state or society to control the actions of individuals “only in respect to those actions of each, which concern the interest of other people”’. The liberty principle is a prescription of intermediate generality. Mill intends it to support more specific political prescriptions, such as (...) liberty of conscience, of expressing and publishing opinions, of framing a plan of life to suit our own character, and of combination for any purpose not involving harm to others. The liberty principle is more general than these prescriptions but less general than its possible moral foundations, such as utilitarianism. My concern will be with attempts to defend the liberty principle by showing it to be supported by an acceptable moral position. (shrink)

‘Actus non facit reum nisi mens sit rea.’ But when is a mens rea? In the last twenty years discussions of this question have been stimulated by controversial decisions in the English House of Lords in the cases of Smith, Morgan and Majewski.The case of Smith decided that a man might be guilty of murder if a reasonable person, knowing the circumstances, would have foreseen that death would result even if the agent himself did not so foresee. This appeal to (...) the ‘reasonable person’ imports what is known as the ‘objective test’ as opposed to the ‘subjective test’ of the agent's actual foresight or knowledge. The case of Morgan inclined per contra to the subjective test. (shrink)

Furthermore, moral facts do seem to bear an intimate relationship to our moral attitudes and capacities. It is perhaps inconceivable that, at the end of moral deliberation and inquiry, fully rational human beings invested with our moral concepts could be radically incorrect in their moral beliefs. Moral properties seem to be essentially knowable. We hope that the fundamental truths of physics are epistemically available to us, but our conception of the physical world certainly does not guarantee it. However implausible, it (...) is certainly conceivable that the cognitive capacities that are our evolutionary inheritance, adapted for survival in the terrestrial niche in which our ancestors found themselves, are not well suited for doing cosmology. Is a similar pessimism about our ability to know the moral facts even coherent? I don’t think so. No matter how difficult it is to arrive at correct moral judgments, barring ignorance of any relevant non-moral empirical facts, the moral facts are by their very nature within our reach. And it is difficult to see how this could be so unless moral properties are in some way dependent on us. (shrink)

It is part of our notion of moral properties (certain forms of relativism to the contrary) that they are in some sense independent of our moral beliefs. A murderer cannot make his action moral simply by believing that it is so. Slavery was immoral even if a large number of people once believed that it was permissible, and it would remain so in the future even if every person came to believe that it was morally acceptable. But views that take (...) moral properties to be objective and thoroughly mind-independent constituents of reality face familiar metaphysical and epistemological obstacles. (shrink)

Grounding talk has become increasingly familiar in contemporary philosophical discussion. Most discussants of grounding think that grounding talk is useful, intelligible, and accurately describes metaphysical reality. Call themrealistsabout grounding. Some dissenters reject grounding talk on the grounds that it is unintelligible, or unmotivated. They would prefer to eliminate grounding talk from philosophy, so we can call themeliminitivistsabout grounding. This paper outlines a new position in the debate about grounding, defending the view that grounding talk is intelligible and useful. Grounding talk (...) does not, however, provide a literal and veridical description of mind-independent metaphysical reality. This irrealismabout grounding treads a path between realism and eliminativism. (shrink)

Even if we know all relevant descriptive facts about an act, we can still be uncertain about its moral acceptability. Most literature on how to act under such normative uncertainty operates on moral realism, the metaethical view that there are objective moral facts. Lay people largely report anti-realist intuitions, which poses the question of how these intuitions affect their interpretation and handling of normative uncertainty. Results from two quasi-experimental studies (total N = 365) revealed that most people did not interpret (...) normative uncertainty as referring to objective moral facts but rather as uncertainty regarding one’s own view, uncertainty regarding the culturally accepted view or as the result of ambivalence. Especially the anti-realist majority of participants interpreted normative uncertainty different to how it is described in the literature on choice under normative uncertainty. Metaethical views were also associated with lay peoples’ choice of uncertainty reduction strategies and with assumptions about the intended aim of such strategies. The current findings suggest that empirical investigations of normative uncertainty might benefit from considering folk metaethical pluralism, as the lay public largely disagrees with the metaethical assumptions underlying the current discourse on choice under normative uncertainty. (shrink)

Characteristic of neo-pragmatism is a commitment to deflationism about semantic properties, and inferentialism about conceptual content. It is usually thought that deflationism undermines the distinction between realistic discourses and others, and that the neo-pragmatists, unlike the classical pragmatists, cannot recognize that truth is a norm of belief and inquiry. I argue, however, that the distinction between realistic discourses and others can be maintained even in the face of a commitment to deflationism, and that deflationists can recognize that truth is a (...) norm of belief and inquiry. If deflationism is true, realistic discourses, it turns out, are those that are inferentially integrated with a large body of other commitments, whereas those that call for an anti-realist treatment are inferentially isolated. Now, Grimm has persuasively argued that inquiry aims at achieving understanding, and that to understand something is, roughly, to grasp a large body of inferential connections in which it features. So, if he is right, realistic discourses are those in which the aim of inquiry can be achieved. This fact, together with an inferential theory of conceptual content, will, I argue, allow neo-pragmatists to recognize truth as a norm of belief and inquiry, despite their commitment to deflationism. (shrink)

Mackie famously argued for a moral error theory on the basis that objective moral values, if they existed, would be very queer entities. Unfortunately, his argument is very brief and it is not totally obvious from what he says exactly where the queerness of moral values is supposed to lie. In this paper I will firstly show why a typical interpretation of Mackie is problematic and secondly offer a new interpretation. I will argue that, whether or not we have reason (...) to live in the morally correct way, what seems queer about moral properties is that there is a morally correct way in which to live in the first place. This interpretation makes sense of Mackie’s claim that theism might be able to solve the queerness problem; the notion of an objectively correct way to live may make sense if theism is true, but not otherwise. (shrink)

Expressivism is supposed to have an advantage over moral realism, in that it can explain why it is a conceptual truth that the moral supervenes on the natural, even though the natural does not entail the moral. I develop an analogy between expressivism and a version of theistic moral realism, and argue that this version of theistic moral realism shares any advantage that expressivism might have. It may be that the alleged advantage that expressivism has over moral realism is overstated. (...) Nevertheless, possible analogies between expressivism and theistic moral realism have received very little attention in the past, and are worth considering for their own sake. (shrink)

The papers by Ronald de Sousa and Steve Davis raise very interesting issues. I think that they have the issue almost right between us, but I want to make some small amendments, which will make a big difference.First, de Sousa: with all the talk about the ‘significance feature,’ I’m not trying to make an in principle argument against the reduction of purpose/action to physical movement/change. Perhaps such an argument is possible, perhaps not. For the moment, all we have is the (...) a posteriori. But that involves our making the most dear-headed possible judgments about our actual intellectual predicament, using this term as a shorthand for a whole set of issues to do with the nature of the phenomena we face, and how they relate or don't relate to the theories on offer. Philosophy can help in this, not because philosophers wheel in bright, shiny a priori possibility arguments, but rather by clarifying what is at stake, and what is going on. (shrink)

This article develops a research position that allows cultural sociologists to compare morality across sociohistorical cases. In order to do so, the article suggests focusing analytic attention on actions that fulfill the following criteria: (a) actions that define the actor as a certain kind of socially recognized person, both within and across fields; (b) actions that actors experience—or that they expect others to perceive—as defining the actor both intersituationally and to a greater extent than other available definitions of self; and (...) (c) actions to which actors either have themselves, or expect others to have, a predictable emotional reaction. Such a position avoids both a realist moral sociology and descriptive-relativism, and provides sociologists with criteria for comparing moral action in different cases while staying attuned to social and historical specificity. (shrink)

Cognitive Theories of emotions have enjoyed great popularity in recent times. Allegedly, the so-called Perceptual Theory constitutes the most attractive version of this approach. However, the Perceptual Theory has come under increasing pressure. There are at least two ways to deal with the barrage of objections, which have been mounted against the Perceptual Theory. One is to argue that the objections work only if one assumes an overly narrow conception of what perception consists in. On a better and more liberal (...) understanding of perception, the objections lose their force. The other is to stress that the differences between emotions and sensory perceptions can be explained by focusing on a new analogy. As I will argue, emotions have interesting similarities with magnitude representations, such as the representation of distance. Such representations are plausibly thought to be analog and non-conceptual, but by contrast to sensory perceptions, such as colour perceptions, they do not lie at the sensory periphery. This new analogy makes room for a novel and attractive theory of emotions, the Receptive Theory, which allows for a positive and epistemologically fruitful characterization of emotions. (shrink)

ABSTRACT: Neo-sentimentalism is the view that to judge that something has an evaluative property is to judge that some affective or emotional response is appropriate to it, but this view allows for radically different versions. My aim is to spell out what I take to be its most plausible version. Against its normative version, I argue that its descriptive version can best satisfy the normativity requirement that follows from Moore’s Open Question Argument while giving an answer to the Wrong Kind (...) of Reason Objection. Finally, I argue that the circularity that is involved is not vicious: understood epistemically, neo-sentimentalism remains instructive. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Valeurs et émotions, les perspectives du néo-sentimentalismeVolume 51, Issue 1Christine Tappolet DOI: https://doi.org/10.1017/S0012217312000212Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Valeurs et émotions, les perspectives du néo-sentimentalismeVolume 51, Issue 1Christine Tappolet DOI: https://doi.org/10.1017/S0012217312000212Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Valeurs et émotions, les perspectives du néo-sentimentalismeVolume 51, Issue 1Christine Tappolet DOI: https://doi.org/10.1017/S0012217312000212Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Moral platonism, the claim that moral entities are both objective and prescriptive, is generally thought to be a dead end. In an attempt to defend a moderate form of moral platonism or more precisely platonism about values, I first argue that several of the many versions of this doctrine are not committed to ontological extravagances. I then discuss an important objection due to John McDowell and developed by Michael Smith, according to which moral platonism is incoherent. I argue that objectivism (...) is compatible with the claim that certain ways of being aware of values, namely those involving emotions, are motivating. (shrink)

ABSTRACT:Moral realism entails that there are metaphysically necessary moral principles of the form ‘all actions of nonmoral kind Z are morally good’; being discoverable a priori, these must be logically necessary. This article seeks to justify this apparently puzzling consequence. A sentence expresses a logically necessary proposition iff its negation entails a contradiction. The method of reflective equilibrium assumes that the simplest account of the apparently correct use of sentences of some type in paradigm examples is probably logically necessary. An (...) account is simple insofar as it uses few predicates designating properties easily recognizable in many different kinds of paradigm examples. I illustrate how reflective equilibrium uses these criteria to discover logically necessary nonmoral propositions such as ‘if S remembers doing X, S believes that he did X’ and ‘if it is scarlet, it is red’. I then illustrate how exactly the same procedures can lead us from paradigm examples of apparently true sentences asserting that actions of some kind are good to discovering moral principles. I advance the contingent hypothesis that most contemporary humans, although they initially disagree about moral issues, have derived from different paradigm examples the same concept of moral goodness, which will ensure that the use of reflective equilibrium will lead to eventual agreement about moral issues. That strongly suggests that the moral principles eventually reached by reflective equilibrium are logically necessary ones. (shrink)

If the bindingness of morality was to rest on something as ‘subjective’ as the non-cognitivist says it does, the grouse goes, and morality itself would come down crashing. Nothing less than an ‘objective’ source of normativity, it is supposed, could hold morality in orbit. Some of these worries automatically morph into worries about the projectivist model of normativity of law as well: one which understands the authority or normativity of law in terms of subjective attitudes taken towards the law. As (...) well as the stock worries about non-cognitivism, there are some additional ones that the projectivist model brings in its wake that it cannot account for the ‘uniform’ bindingness of law and that a subjective source of normativity of law based on mental states is unintelligible. This essay makes the case for acquitting the projectivist model of normativity of law from the above charges. But the route to that necessarily leads through first acquitt... (shrink)

Moral error theorists hold that morality is deeply mistaken, thus raising the question of whether and how moral judgments and utterances should continue to be employed. Proposals include simply abolishing morality, adopting some revisionary fictionalist stance toward morality, and conserving moral judgments and utterances unchanged. I defend a fourth proposal, namely revisionary moral expressivism, which recommends replacing cognitivist moral judgments and utterances with non-cognitivist ones. Given that non-cognitivist attitudes are not truth apt, revisionary expressivism does not involve moral error. Moreover, (...) revisionary expressivism has the theoretical resources to retain many of the useful features of morality, such as moral motivation, moral disagreement, and moral reasoning. Revisionary expressivism fares better than the three major alternatives in both avoiding moral error and preserving these useful features of morality. I also show how this position differs from the “revolutionary expressivism” of Sebastian Köhler and Michael Ridge. (shrink)

The history of what we now term international relations theory is as rich and as complex as any area in the history of political thought. Yet in the last few decades one particular type of political philosophy has come to be almost unambiguously associated with liberal international relations theory. The dominance of Kantian cosmopolitanism in contemporary liberal international relations theory is quite remarkable. Its position is challenged, within liberalism, only by the utilitarian cosmopolitanism of thinkers such as Peter Singer and, (...) from outside the liberal tradition, by communitarians such as Michael Walzer or Alasdair MacIntyre. At least, this is how the debate is portrayed in the current literature. In this article I want to suggest that the biggest challenge to Kantian cosmopolitanism comes from within the neo-Kantian tradition. (shrink)

I give a biological account of epistemic normativity. My account explains the sense in which it is true that belief is subject to a standard of correctness, and reduces epistemic norms to there being doxastic strategies which guide how best to meet that standard. Additionally, I give an explanation of the mistakes we make in our epistemic discourse, understood as either taking epistemic properties and norms to be sui generis and irreducible, and/or as failing to recognize the reductive base of (...) epistemic normativity. This explanation will appeal to the claim that the beliefs which constitute our epistemic discourse are false but adaptive, and are the outcome of a non-truth tracking process. The opponents of my position are philosophers who take epistemic normativity not to be reducible in this way, and to involve sui generis properties and norms governing belief. The aim of the paper is to show that epistemic normativity can be explained by appeal to the biological functions of our mechanisms of belief-production. (shrink)

In On What Matters, Derek Parfit defends a new metaethical theory, which he calls non-realist cognitivism. It claims that normative judgments are beliefs; that some normative beliefs are true; that the normative concepts that are a part of the propositions that are the contents of normative beliefs are irreducible, unanalysable and of their own unique kind; and that neither the natural features of the reality nor any additional normative features of the reality make the relevant normative beliefs true. The aim (...) of this article is to argue that Parfit’s theory is problematic because its defenders have no resources to make sense of the nature of normative truth, which is an essential element of their view. I do this by showing how the traditional theories of truth are not available for the non-realist cognitivists. (shrink)

In any society influenced by a plurality of cultures, there will be widespread, systematic differences about at least some important values, including moral values. Many of these differences look like deep disagreements, difficult to resolve objectively if that is possible at all. One common response to the suspicion that these disagreements are unsettleable has always been moral relativism. In the flurry of sympathetic treatments of this doctrine in the last two decades, attention has understandably focused on the simpler case in (...) which one fairly self-contained and culturally homogeneous society confronts, at least in thought, the values of another; but most have taken relativism to have implications within a single pluralistic society as well. I am not among the sympathizers. That is partly because I am more optimistic than many about how many moral disagreements can be settled, but I shall say little about that here. For, even on the assumption that many disputes are unsettleable, I continue to find relativism a theoretically puzzling reaction to the problem of moral disagreement, and a troubling one in practice, especially when the practice involves regular interaction among those who disagree. This essay attempts to explain why. (shrink)

Many philosophers argue that the error theory should be rejected because it is incompatible with standard deontic logic and semantics. We argue that such formal objections to the theory fail. Our discussion has two upshots. First, it increases the dialectical weight that must be borne by objections to the error theory that target its content rather than its form. Second, it shows that standard deontic logic and semantics should be revised.

Most agree that when it comes to so-called 'first-order' normative ethics and political philosophy, constructivist views are a powerful family of positions. When it comes to metaethics, however, there is serious disagreement about what, if anything, constructivism has to contribute. In this paper I argue that constructivist views in ethics include not just a family of substantive normative positions, but also a distinct and highly attractive metaethical view. I argue that the widely accepted 'proceduralist characterization' of constructivism in ethics is (...) inadequate, and I propose what I call the 'practical standpoint characterization' in its place. I then offer a general taxonomy of constructivist positions in ethics. Since constructivism's standing as a family of substantive normative positions is relatively uncontested, I devote the remainder of the paper to addressing skeptics' worries about the distinctiveness of constructivism understood as a metaethical view. I compare and contrast constructivism with three other standard metaethical positions with which it is often confused or mistakenly thought to be compatible: realism; naturalist reductions in terms of an ideal response; and expressivism. In discussing the contrast with expressivism, I explain the sense in which, according to the constructivist, the distinction between substantive normative ethics and metaethics breaks down. I conclude by distinguishing between two importantly different debates about the mind-dependence of value. I argue that a failure to make this distinction is part of what explains why the possibility of constructivism as a metaethical view is often overlooked. (shrink)

A theory of normative reasons for action faces the fundamental challenge of accounting for the dual nature of reasons. On the one hand, some reasons appear to depend on, and vary with, desires. On the other hand, some reasons appear categorical in the sense of being desire‐independent. However, it has turned out to be difficult to provide a theory that accommodates both these aspects. Internalism is able to account for the former aspect, but has difficulties to account for the latter, (...) whereas externalism is vulnerable to the reverse problem. In this paper, I outline an ecumenical view that consists of two parts: First, I defend a distinction between requiring reasons and justifying reasons in terms of their different connections to rationality. Second, I put forward a subjectivist, procedural, view of rationality. The ecumenical alternative, I argue, is able to accommodate the mentioned duality within a unified theory. In outlining this view, I also suggest that it has a number of other significant advantages. (shrink)

Inspired by an analogy between moral and secondary properties, some moral philosophers have argued that moral properties are dispositions. According to one version of this view, most clearly represented by Jonathan Dancy, a moral property is the property of being such, having base properties such, that an entity with the property elicits morally merited and motivating responses. Its proponents have argued that this notion can explain how moral judgements can be objective in the sense of expressing properties that are independent (...) of will and yet imply motivation by those who assert them. In special consideration of Dancy’s Moral Reasons, I argue that the dispositional account does not save the idea of objectivity in the required sense and implies an untenable view of moral motivation. I therefore conclude that the dispositional account fails to explain the two features of moral judgements. (shrink)

We argued that formal objections to the error theory overgeneralize and therefore fail. Christine Tiefensee and Gregory Wheeler deny this. We argue that they are wrong, for two reasons. The first concerns how we should adjudicate conflicts between formal and substantive commitments. The second concerns an overlooked tension between formal objections and non-error-theoretic views. Our discussion shows that the commitments behind formal objections to the error theory, such as the dual schema, should be regarded as much more contentious than is (...) often assumed. (shrink)

Some philosophers think that normative properties are identical to descriptive properties. In this paper, I argue that this entails that it is possible to say which descriptive properties normative properties are identical to. I argue that Frank Jackson's argument to show that this is possible fails, and that the objections to this argument show that it is impossible to say which descriptive properties normative properties are identical to. I conclude that normative properties are not identical to descriptive properties. I then (...) show that if we combine this conclusion with the conclusion of a different argument that Jackson has given to show that there are no irreducibly normative properties, it follows that there are no normative properties at all. (shrink)

The error theory of moral judgment says that moral judgments, though often believed to be objectively true, never are. The tendency to believe in the objectivity of our moral beliefs, like the beliefs themselves, is rooted in objective features of human psychology, and not in objective features of the natural world that might exist apart from human psychology. In naturalized epistemology, it is tempting to take this view as the default hypothesis. It appears to make the fewest assumptions in accounting (...) for the fact that humans not only make moral judgments, but believe them to be, at least some of the time, objectively true. In this paper I argue that from an evolutionary perspective, the error theory is not the most parsimonious alternative. It is simpler to suppose that mental representations with moral content arose as direct cognitive and motivational responses to independent moral facts. (shrink)

We are moral apes, a difference between humans and our relatives that has received significant recent attention in the evolutionary literature. Evolutionary accounts of morality have often been recruited in support of error theory: moral language is truth-apt, but substantive moral claims are never true. In this article, we: locate evolutionary error theory within the broader framework of the relationship between folk conceptions of a domain and our best scientific conception of that same domain; within that broader framework, argue that (...) error theory and vindication are two ends of a continuum, and that in the light of our best science, many folk conceptual structures are neither hopelessly wrong nor fully vindicated; and argue that while there is no full vindication of morality, no seamless reduction of normative facts to natural facts, nevertheless one important strand in the evolutionary history of moral thinking does support reductive naturalism—moral facts are facts about cooperation, and the conditions and practices that support or undermine it. In making our case for, we first respond to the important error theoretic argument that the appeal to moral facts is explanatorily redundant, and second, we make a positive case that true moral beliefs are a ‘fuel for success’, a map by which we steer, flexibly, in a variety of social interactions. The vindication, we stress, is at most partial: moral cognition is a complex mosaic, with a complex genealogy, and selection for truth-tracking is only one thread in that genealogy. (shrink)

This chapter sketches four forms of realism ascribed to four great historical figures that provide an important set of determinate versions of moral realism. Plato provides a picture according to which moral facts exist in a non-concrete realm of abstract universal properties. Aristotle provides a picture according to which moral facts exist as concrete facts in the world. Hume provides a picture according to which moral facts have their basis in universal human sentiments. Kant provides a picture according to which (...) moral facts are simply truths of universal reason. It is argued that the revolution in our understanding of metaphysical explanations that occurred between Aristotle and Hume has important consequences for realist views. (shrink)

We discuss whether affordances can be reasons, against the background of two interlocked considerations: (1) While the problematic degree of idealization in accounts of reasons that treat them as mental states speaks in favor of the alternative view which treats them as facts, a cognitive consideration relationship is still required to account for the motivating role of reasons. (2) While recent enactive accounts of cognition hold promise to avoid over-intellectualization of acting for reasons, these are so far either underdeveloped or (...) treat reasons as mental states after all. Considering affordances as reasons promises to strengthen the enactivist project. We first motivate factualism about reasons, then introduce enactivism and finally discuss whether affordances can play the three roles of explanatory, justifying and motivating reasons. Since we do not take this discussion to be exhaustive but rather as outlining a research program, we point to desiderata for further work. (shrink)

Anthropologists often claim to have understood an ethical outlook that they nevertheless believe is largely false. Some moral philosophers---e.g., Susan Hurley---argue that this claim is incoherent because understanding an ethical outlook necessarily involves believing it to be largely true. To reach this conclusion, they apply an argument of Donald Davidson’s to the ethical case. My central aim is to defend the coherence of the anthropologists’ claim against this argument.To begin with, I specify a candidate-language that contains a significant number of (...) alien thick descriptions. A thick description is a term that has both descriptive and evaluative content, e.g., “courageous.” I then argue that, because of its alien thick descriptions, this candidate-language cannot be interpreted by someone who adheres to the strictures of Davidson’s account of interpretation. To complete my criticism, I demonstrate that the meaningfulness of this candidate-language cannot be impugned on Davidson’s own terms. This involves showing that an interpreter’s correctly assigning truth-conditions, expressed in her own language, to sentences featuring alien thick descriptions is consistent with her believing those sentences to be false. (shrink)

Raz holds that necessarily all legal authorities, even de facto authorities, make a claim to legitimate authority. He does not say that legitimacy is a necessary property of law. This view, which I call the claim view, constitutes my focal point in this paper. Many commentators have criticized this view. I discuss and dismiss three critiques of the claim view: the verification critique (the claim view is not empirically confirmed), the legalistic critique (law claims legal authority, not moral authority), and (...) the semantic critique (legal obligations are semantically distinct from moral obligations). I submit that Raz equates the meaning of legal duties with that of moral duties and yet denies that legal statements entail moral propositions. In other words, I distinguish the semantic identity thesis from the semantic entailment thesis. Instead of a semantic interpretation of the claim view, I defend a presuppositional ascription of a general claim to moral authority to authoritative duty‐imposing and normatively committed uses of legal language by official spokesmen. I show that law’s claim to authority does not prove the truth of the sources thesis, because conceptual confusion or insincerity can affect the epistemic reliability of the propositions embodied in the claim, and because blatant immorality can altogether cancel law’s pragmatically presupposed claim to moral authority. I also argue that the claim view can only warrant two qualified versions of exclusive legal positivism, one of which is almost tautological, the other self‐contradictory. Finally, I suggest that exclusive legal positivism cannot be defended on conceptual grounds. (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)

In this article, I argue,inter alia, that Kelsen’s mature view—as expressed in, and around the time of, the second edition ofReine Rechtslehre—was that of a metaethical relativist, and that the commitment to metaethical relativism was the reason why Kelsen defended democracy as well as tolerance in the shape of a constitutionally guaranteed freedom of thought. I also consider the possibility that in his post‐1960 phase Kelsen abandoned metaethical relativism for moral fictionalism, but argue that, on the whole, a relativist interpretation (...) of Kelsen’s late legal philosophy is to be preferred to a fictionalist interpretation. (shrink)

I argue in this article (i) that Karl Olivecrona's legal philosophy, especially the critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, is a significant contribution to twentieth century legal philosophy. I also argue (ii) that Olivecrona fails to substantiate some of his most important empirical claims, and (iii) that the distinction espoused by Olivecrona between the truth and (...) the correctness of legal statements is problematic but not needed in Olivecrona's legal philosophy. (shrink)

The Scandinavian Realist Karl Olivecrona did not pay much attention to questions of legal reasoning in his many works. He did, however, argue that courts necessarily create law when deciding a case. The reason, he explained, is that judges must evaluate issues of fact or law in order to decide a case, and that evaluations are not objective. Olivecrona's line of argument is problematic, however. The problem is that Olivecrona uses the term "evaluation" in a sense that is broad enough (...) to cover not only evaluations, including moral evaluations, but also considerations that are not evaluations at all, and therefore his claim that judges must evaluate issues of law or fact in order to decide whether a case is false. (shrink)

The Scandinavian Realist Karl Olivecrona did not pay much attention to questions of legal reasoning in his many works. He did, however, argue that courts necessarily create law when deciding a case. The reason, he explained, is that judges must evaluate issues of fact or law in order to decide a case, and that evaluations are not objective. Olivecrona's line of argument is problematic, however. The problem is that Olivecrona uses the term “evaluation” in a sense that is broad enough (...) to cover not only evaluations, including moral evaluations, but also considerations that are not evaluations at all, and therefore his claim that judges must evaluate issues of law or fact in order to decide whether a case is false. (shrink)

One of the most striking contributions of particularism to moral philosophy has been its emphasis on the relative opacity of the moral scene to the tools of rational analysis traditionally used by philosophers. Particularism changes the place of the philosopher in relation to the moral life, pointing up the limits to what philosophy can do here. The modern moral philosopher who takes particularism seriously no longer has the luxury, endemic in our tradition, of imagining that moral philosophy can be done (...) with only passing illustrative reference to experience, or that the truth about the whole of our moral life may be read of a list of a priori moral principles, whose rationality is underwritten by the mechanistic account of what it is to follow a rule that pre-Wittgensteinian philosophers took for granted. (shrink)