The author analyzes the relations between truth and law starting from the distinction between practical and theoretical spheres. He shows, first, how moral and legal statements and reasoning are connected with an operation of weighing and balancing different values and principles and how this operation is ultimately based on personal and intuitive preferences and feeling. The criteria developed by the theoretical sciences to define truth (coherence, consensus and pragmatic success) can only be translated into practical statements as criteria of correctness (...) because we cannot affirm that a norm or value statement is true or false. The three criteria become interrelated indices of correctness: They are criteria for rational discourse. (shrink)

a This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.a (TM) These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. (...) In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the booka (TM)s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (a defeasiblea (TM)) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail. (shrink)

This paper builds on a number of ideas concerning the nature, management and representation in case studies, of moral issues and dilemmas as experienced by people in organisations. Drawing on some cases used in teaching business ethics, and utilising a checklist of questions derived from the more general theoretical analysis, suggestions are offered regarding the contributions which such cases can make in developing students' understanding and potential for performative competence in real life situations. The distinction between issues and dilemmas is (...) emphasised, and different types of issue are identified. The status of self-interest as an issue, and as contributory to personal dilemmas, is given particular attention. The paper also addresses the distinction between cognitive and non-cognitive attributes required by individuals if they are to deal with such situations. Within the cognitive category attention is paid to the contribution of ethical and other theory, and to the need for moral imagination and judgement. (shrink)

Different philosophers tried ways to restore the role of reason in ethics. This shift in the philosophical climate was influenced by--or was at least in accordance with--the thought of the later Wittgenstein. In particular, this article will consider the relevance of Wittgenstein for cognitivist views, such as that of S. Toulmin, relativist like G. Harman, and British moral realists like S. Lovibond and J. McDowell. In fact, Wittgenstein is one of the founding fathers of antifoundationalism. He gives us the hopeful (...) insight that the end of foundationalism does not necessarily imply the end of moral philosophy but must be considered a new start of it. (edited). (shrink)

The aim of this paper is to strengthen the point made by Horty about the relationship between reason holism and moral particularism. In the literature prima facie obligations have been considered as the only source of reason holism. I strengthen Horty’s point in two ways. First, I show that contrary-to-duties provide another independent support for reason holism. Next I outline a formal theory that is able to capture these two sources of holism. While in simple settings the proposed account coincides (...) with Horty’s one, this is not true in more complicated or “realistic” settings in which more than two norms collide. My chosen formalism is so-called input/output logic. A bottom-line example is introduced. It raises the issue of whether the conventional wisdom is right in assuming that normative reasons run parallel to epistemic ones. (shrink)

Research in recent history has neglected to address the moral foundations of particular kinds of public policy such as the protection of intellectual property rights (IPRs). On the one hand, nation-states have enforced a tightening of the IPR system. On the other, only recently have national government and international institutions recognised that the moral justification for stronger IPRs protection is far from being plausible and cannot be taken for granted. In this article, IPRs are examined as individual rights founded upon (...) natural law, personality development, just reward and social utility. It is argued that these foundations cannot be philosophically sustained. IPRs constitute morally indefensible political developments which aim to reproduce the capitalist division of knowledge and labour at national, international and global levels. The need for such a critical approach to the moral foundations of IPRs has increased in importance as a consequence of their role in justifying corporate power, globalisation policies and harmonisation of such. (shrink)

Since the establishment of the Human Genome Project and the identification of genes in human DNA that play a role in human diseases and disorders, a long, moral and political, battle has began over the extension of IPRs to information contained in human genetic material. According to the Nuffield Council on Bioethics, over the past 20 years, large numbers of human genes have been the subject of thousands of patent applications. This paper examines whether human gene patents can be justified (...) in terms of liberal theories of morality such as natural law, personality development, just reward and social utility. It is argued that human gene patents are in conflict with fundamental principles of liberal morality and justice because they result in "genetic information feudalism". (shrink)

Debunking arguments in metaethics are often presented as particularly challenging for non‐naturalistic versions of moral realism. The first aim of this paper is to explore and defend a response on behalf of non‐naturalism. The second aim of the paper is to argue that although non‐naturalism’s response is satisfactory, this does not mean that debunking arguments are metaethically uninteresting. They have a limited and indirect role to play in the exchange between non‐naturalists and moral error theorists. In the end, debunking arguments (...) can do less for sceptics and nihilists than what is commonly thought, but not nothing. (shrink)

Cognitivism is the view that the primary function of moral judgements is to express beliefs that purport to say how things are; expressivism is the contrasting view that their primary function is to express some desire-like state of mind. I shall consider what I call the freshman objection to expressivism. It is pretty uncontroversial that this objection rests on simple misunderstandings. There are nevertheless interesting metaethical lessons to learn from the fact that the freshman objection is prevalent among undergraduates and (...) non-philosophers. It leaves for expressivists two awkward explanatory tasks. Number one is that of explaining why natural selection – which, by expressivism's own lights, favoured moral thought and talk because of their socially useful regulative and coordinating functions – did not favour a stance that would make moral thought and talk more effective in fulfilling these functions. Number two is that of explaining how moral thought and talk survive in cultural evolution, despite the prevalence of the freshman objection and related worries. I conclude that expressivism as a theory of actual moral discourse rather than a revisionist theory is either false or committed to an implausible error theory, according to which ordinary speakers are systematically mistaken about what they are up to when they make moral judgements. (shrink)

_ Source: _Volume 13, Issue 4, pp 397 - 402 Moral error theorists and moral realists agree about several disputed metaethical issues. They typically agree that ordinary moral judgments are beliefs and that ordinary moral utterances purport to refer to moral facts. But they disagree on the crucial ontological question of whether there are any moral facts. Moral error theorists hold that there are not and that, as a consequence, ordinary moral beliefs are systematically mistaken and ordinary moral judgments uniformly (...) untrue. Perhaps because of its kinship with moral realism, moral error theory is often considered the most notorious of moral scepticisms. While the view has been widely discussed, it has had relatively few defenders. _Moral Error Theory: History, Critique, Defence_ examines the view from a historical as well as a contemporary perspective, and purports to respond to some of its most prominent challenges. This précis is a brief summary of the book’s content. (shrink)

While there is now considerable anxiety about whether the psychological theory presupposed by virtue ethics is empirically sustainable, analogous issues have received little attention in the virtue epistemology literature. This paper argues that virtue epistemology encounters challenges reminiscent of those recently encountered by virtue ethics: just as seemingly trivial variation in context provokes unsettling variation in patterns of moral behavior, trivial variation in context elicits unsettling variation in patterns of cognitive functioning. Insofar as reliability is a condition on epistemic virtue, (...) we have reason to doubt that human beings possess the cognitive materials required for epistemic virtue, and thereby reason to think that virtue epistemology is threatened by skepticism. We conclude that while virtue epistemology has resources for addressing this challenge, exploiting these resources forces tradeoffs between empirical and normative adequacy. (shrink)

The view that some evaluative concepts are identical to some affective concepts naturally falls out of neo-sentimentalism, but it is unstable. This paper argues for a view of evaluative concepts that is neo-sentimentalist in spirit but which eschews the identity claim. If we adopt a Peacockean view of concepts, then we should think of some evaluative concepts as having possession conditions that are affective in some way. I argue that the best version of this thought claims that possessing those concepts (...) requires being rationally compelled to form evaluative beliefs in response to certain emotions. (shrink)

The most basic argument for moral relativism is that different people are (fundamentally) disposed to apply moral terms, such as ‘morally right’ and ‘morally wrong’, and the corresponding concepts, to different (types of) acts. In this paper, I argue that the standard forms of moral relativism fail to account for certain instances of fundamental variation, namely, variation in metaethical intuitions, and I develop a form of relativism—pluralism—that does account for them. I identify two challenges that pluralism faces. To answer the (...) challenges, I first argue that, due to fundamental conceptual variations in ordinary descriptive (nonmoral) discourse, a form of pluralism holds there as well and that this pluralism can answer the corresponding challenges. I then argue that the answers transfer to moral discourse, since the phenomenon of moral variation is structurally identical to that of descriptive variation. (shrink)

Deontological evidentialism is the claim that we ought to form and maintain our beliefs in accordance with our evidence. In this paper, I criticize two arguments in its defense. I begin by discussing Berit Broogard’s use of the distinction between narrow-scope and wide-scope requirements against W.K. Clifford’s moral defense of. I then use this very distinction against a defense of inspired by Stephen Grimm’s more recent claims about the moral source of epistemic normativity. I use this distinction once again to (...) argue that Hilary Kornblith’s criticism of Richard Feldman’s defense of is incomplete. Finally, I argue that Feldman’s defense is insensitive to the relation between normative requirements and privileged values: values that have normative authority over us. (shrink)

Deontological evidentialism is the claim that S ought to form or maintain S’s beliefs in accordance with S’s evidence. A promising argument for this view turns on the premise that consideration c is a normative reason for S to form or maintain a belief that p only if c is evidence that p is true. In this paper, I discuss the surprising relation between a recently influential argument for this key premise and the principle that ought implies can. I argue (...) that anyone who antecedently accepts or rejects this principle already has a reason to resist either this argument’s premises or its role in support of deontological evidentialism. (shrink)

It was something of a dogma for much of the twentieth century that one cannot validly derive an ought from an is. More generally, it was held that non-normative propositions do not entail normative propositions. Call this thesis about the relation between the natural and the normative Natural-Normative Autonomy. The denial of Autonomy involves the entanglement of the natural with the normative. Naturalism entails entanglement—in fact it entails the most extreme form of entanglement—but entanglement does not entail naturalism. In a (...) ground-breaking paper “The autonomy of ethics” Arthur Prior constructed some intriguing counterexamples to Autonomy. While his counterexamples have convinced few, there is little agreement on what is wrong with them. I present a new analysis of Autonomy, one which is grounded in a general and independently plausible account of subject matters. While Prior’s arguments do establish shallow natural-normative entanglement, this is a consequence of simple logical relationships that hold between just about any two subject matters. It has nothing special to do with the logical structure of normativity or its relation to the natural. Prior’s arguments leave the fundamental idea behind natural-normative Autonomy intact. I offer a new argument for deep entanglement. I show that in any framework adequate for dealing with the natural and the normative spheres, a purely natural proposition entails a purely normative proposition, and vice-versa. But this is no threat to non-naturalist moral realism. In fact it helps ameliorate the excesses of an extreme non-naturalism, delivering a more palatable and plausible position. (shrink)

According to John Mackie, moral talk is representational but its metaphysical presuppositions are wildly implausible. This is the basis of Mackie's now famous error theory: that moral judgments are cognitively meaningful but systematically false. Of course, Mackie went on to recommend various substantive moral judgments, and, in the light of his error theory, that has seemed odd to a lot of folk. Richard Joyce has argued that Mackie's approach can be vindicated by a fictionalist account of moral discourse. And Mark (...) Kalderon has argued that moral fictionalism is attractive quite independently of Mackie's error-theory. Kalderon argues that the Frege-Geach problem shows that we need moral propositions, but that a fictionalist can and should embrace propositional content together with a non-cognitivist account of acceptance of a moral proposition. Indeed, it is clear that any fictionalist is going to have to postulate more than one kind of acceptance attitude. We argue that this doubleapproach to acceptance generates a new problem -a descendent of Frege-Geach -which we call the acceptance-transfer problem. Although we develop the problem in the context of Kalderon's version of non-cognitivist fictionalism, we show that it is not the noncognitivist aspect of Kalderon's account that generates the problem. A closely related problem surfaces for the more typical variants of fictionalism according to which accepting a moral proposition is believing some closely related non-moral proposition. Fictionalists of both stripes thus have an attitude problem. (shrink)

What is one who takes normativity seriously to do if normativity can neither be discovered lurking out there in the world independently of us nor can it be sufficiently grasped from a merely explanatory perspective? One option is to accept that the normative challenge cannot be met and to retreat to some form of moral skepticism. Another possibility has recently been proposed by Christine Korsgaard in The Sources of Normativity where she aims to develop an account of normativity which is (...) grounded in autonomy. Furthermore, she argues that on her account reasons are "essentially public" and that this captures how it is that we can obligate one another. In this paper I argue that there is a serious tension between her account of normativity and the publicity of reasons-namely, that if reasons are essentially public, then it is not possible for individuals to legislate laws for themselves. However, I then argue that if we revise her conception of normativity such that it is understood to involve collective rather than individual legislation that it may then be possible to account for interpersonal reasons. (shrink)

So-called 'realists' have argued that political philosophers should engage with real politics, but that mainstream 'non-realist' political philosophers fail to do so. Perhaps surprisingly, many of the discussions between realists and their critics have not drawn much on debates in metaethics. In this paper, I argue that this is an oversight. There are important connections between the realism/non-realism debate and certain controversies in metaethics. Both realism and non-realism come with metaethical baggage. By considering several arguments that could be made for (...) and against both positions, each of which rests on contested views about the metaphysics and epistemology of value, I outline exactly which metaethical claims realists and nonrealists must defend in order to make their position tenable. (shrink)

Selon certains philosophes, le principe « devoir-implique-pouvoir » exprime une vérité analytique et permet d’inférer des énoncés normatifs sur la base de prémisses purement descriptives. Le principe DIP offrirait ainsi un contre-exemple à la fameuse loi de Hume. Le problème est que DIP permet uniquement de construire des raisonnements dont les conclusions sont des négations de normes. Or, selon certains auteurs, les négations de normes n’expriment pas de véritables jugements moraux. En ce sens, selon eux, DIP ne permet pas de (...) tirer des conclusions normatives sur la base de prémisses uniquement descriptives. Dans cet article, nous soutenons au contraire que les négations de normes sont de véritables normes et que DIP permet bien de déduire une conclusion normative à partir de prémisses purement descriptives. (shrink)

In this paper we introduce a distinct metaethical position, fictionalism about morality. We clarify and defend the position, showing that it is a way to save the 'moral phenomena' while agreeing that there is no genuine objective prescriptivity to be described by moral terms. In particular, we distinguish moral fictionalism from moral quasi-realism, and we show that fictionalism possesses the virtues of quasi-realism about morality, but avoids its vices.

A method of reflective equilibrium is adumbrated and then used to test the adequacy of moral conceptions appealing to fundamental human rights against Nietzschean conceptions of morality which would reject such an appeal. There is an attempt here both to articulate and critically probe a distinctive moral methodology (the method of reflective equilibrium) and to examine skeptical challenges to a foundationalism which would ground morality in fundamental rights claims. I attempt a partial testing of such a moral methodology by examining (...) its ability to meet such skeptical challenges to the rational grounding of human rights, and I assess (and this is plainly a reciprocal process) the depth of such skeptical challenges by the ability of such challenges to survive such an application of a method of reflective equilibrium. If that method is applied with discrimination and understanding, is it sufficient to defuse skeptical challenges to the pervasive belief that either rationality or the very taking of the moral point of view requires the acceptance of the belief that the design of morally acceptable social institutions and practices must be such that they aim at achieving a state of affairs in which all human beings are to be afforded equal consideration? Can a method of reflective equilibrium establish that a good society must embody such a commitment to an equality of human rights? (shrink)

This paper deals with the problems involved in the concept of knowledge in the sphere of law. Traditionally, the idea of knowledge has dealt with the presumption of given objects of information. According to this approach, knowing means finding these objects. This is the natural and understandable foundation of metaphysical or philosophical realism. Cognition and cognitive interest are directed outside the sentences by which they are described. This is the point of departure of legal positivism as well. However, it is (...) not possible to see valid law as totally independent of language and concepts. This makes the idea of legal facts as institutional facts vague. From a practical viewpoint, the sentences of judges and legal scholars, when they present valid law, justify rather than describe. Their crucial function is interpretation. Hence, the objectivity of these sentences cannot be based on the presumption of separate objects either. Instead, it has to be based on the principles of acceptable reasoning. Moreover, the author claims that this kind of approach, united with the utilization of human rights and substantial legal principles, leads one to acknowledge objective values. (shrink)

I argue that all rights exist by convention. According to my definition, a right exists by convention just in case its justification appeals to the rules of a socially shared pattern of acting. I show that our usual justifications for rights are circular, that a right fulfills my criterion if all possible justifications for it are circular, and that all existing philosophical justifications for rights are circular or fail. We find three non-circular alternatives in the literature, viz. justifications of rights (...) by consequences, by autonomy or by divine commands. I show that all three alternatives fail, and I conclude that all rights exist by convention. This ontological result has a surprising and beneficial consequence. A common argument against conventionalism is that it implies cultural relativism. I finish by showing that the suggested conventionalism is incompatible with cultural relativism. (shrink)

Anti-naturalists share the conviction that something is wrong with the naturalistic conceptual frame and with the idea that in principle all events are explainable by using the means of physics. Physicalist naturalism is the modern form of old fashioned materialism. And there is no doubt that naturalism is still going strong notwithstanding its critiques. In ethics the boom of present-day Kantian constructivism can be understood as the last and maybe the most sophisticated “naturalist” answer to the realist challenge in ethics. (...) Assuming that our language of morals is objectivist as John Mackie conceded , the project of analytical philosophy to transform ethics into philosophy of language showing that the ordinary language use of normative predicates like ought or good can and should be interpreted as expressing subjective attitudes, collapsed.To be sure analytical metaethics produced a broad spectrum of quite different subjectivits theories from Ayer’s and Stevenson’s emot .. (shrink)

Philosophical theorizing is often, either tacitly or explicitly, guided by intuitions about cases. Theories that accord with our intuitions are generally considered to be prima facie better than those that do not. However, recent empirical work has suggested that philosophically significant intuitions are variable and unstable in a number of ways. This variability of intuitions has led naturalistically inclined philosophers to disparage the practice of relying on intuitions for doing philosophy in general (e.g. Stich & Weinberg 2001) and for doing (...) moral philosophy in particular (Appiah 2008; Doris & Stich 2005; Horowitz 1998; Nadelhoffer & Feltz 2008; Sinnott Armstrong 2008). In this paper, we will draw on naturalistic considerations to offer some solace to philosophers who rely on intuitions. We wouldn’t call this a defense of intuitions, exactly, since we are sympathetic with much of the naturalists’ critique. But we want to introduce into the debate some neglected naturalistic reasons to be optimistic about intuitions, focusing especially on ethical intuitions. (shrink)

One of the central debates in the philosophy of language is that between defenders of the causal-historical and descriptivist theories of reference. Most philosophers involved in the debate support one or the other of the theories. Building on recent experimental work in semantics, we argue that there is a sense in which both theories are correct. In particular, we defend the view that natural kind terms can sometimes take on a causal-historical reading and at other times take on a descriptivist (...) reading. The meaning will shift depending on the conversational setting. The theoretical view has roots in work by Kitcher. We present some original experiments that support the thesis. (shrink)

This paper develops an empirical argument that the rejection of moral objectivity leaves important features of moral judgment intact. In each of five reported experiments, a number of participants endorsed a nonobjectivist claim about a canonical moral violation. In four of these experiments, participants were also given a standard measure of moral judgment, the moral/conventional task. In all four studies, participants who respond as nonobjectivists about canonical moral violations still treat such violations in typical ways on the moral/conventional task. In (...) particular, participants who give moral nonobjectivist responses still draw a clear distinction between canonical moral and conventional violations. Thus there is some reason to think that many of the central characteristics of moral judgment are preserved in the absence of a commitment to moral objectivity. (shrink)

The Clarke/Rowe version of the Cosmological Argument is sound only if the Principle of Sufficient Reason (PSR) is true, but many philosophers, including Rowe, think that there is not adequate evidence for the principle of sufficient reason. I argue that there may be indirect evidence for PSR on the grounds that if we do not accept it, we lose our best justification for an important principle of metaethics, namely, the Principle of Universalizability. To show this, I argue that all the (...) other justifications of the Principle of Universalizability on offer, including Richard Hare's, are inadequate. (shrink)

Philosophical naturalism is a cluster of views and impulses typically taken to include atheism, physicalism, radical empiricism or naturalized epistemology, and some sort of relativism, subjectivism or nihilism about morality. I argue that a problem arises when the naturalist offers the argument from evil for atheism. Since the argument from evil is a moral argument, it cannot be effectively deployed by anyone who holds the denatured ethical theories that the naturalist typically holds. In the context of these naturalistic ethical theories, (...) the argument from evil typically fails to provide good reason for either the naturalist or the theist to disbelieve in the God of theism. This does not prove that naturalism is false, or that the argument from evil is unsound, but rather that certain naturalists’ use of the argument has been misguided. (shrink)

Charles Pigden has argued for a logical Is/Ought gap on the grounds of the conservativeness of logic. I offer a counter-example which shows that Pigden’s argument is unsound and that there need be no logical gap between Is-premises and an Ought-conclusion. My counter-example is an argument which is logically valid, has only Is-premises and an Ought-conclusion, does not purport to violate the conservativeness of logic, and does not rely on controversial assumptions about Aristotelian biology or 'institutional facts.'.

This paper is about teaching philosophy to high school students through Lincoln-Douglas (LD) debate. LD, also known as “values debate,” includes topics from ethics and political philosophy. Thousands of high school students across the U.S. debate these topics in class, after school, and at weekend tournaments. We argue that LD is a particularly effective tool for teaching philosophy, but also that LD today falls short of its potential. We argue that the problems with LD are not inevitable, and we offer (...) strategic recommendations for improving LD as a tool for teaching philosophy. Ultimately, our aim is to create a dialogue between LD and academic philosophy, with the hope that such dialogue will improve LD’s capacity to teach students how to do philosophy. (shrink)

Experimental philosophy is the name for a recent movement whose participants use the methods of experimental psychology to probe the way people think about philosophical issues and then examine how the results of such studies bear on traditional philosophical debates. Given both the breadth of the research being carried out by experimental philosophers and the controversial nature of some of their central methodological assumptions, it is of no surprise that their work has recently come under attack. In this paper we (...) respond to some criticisms of experimental philosophy that have recently been put forward by Antti Kauppinen. Unlike the critics of experimental philosophy, we do not think the fledgling movement either will or should fall before it has even had a chance to rise up to explain what it is, what it seeks to do (and not to do), and exactly how it plans to do it. Filling in some of the salient details is the main goal of the present paper. (shrink)

Can an effective argument against scepticism about objective values be modelled on Donald Davidson’s familiar argument against scepticism about external things?

Although Donald Davidson is best known for his account of motivating reasons, towards the end of his life he did write about normative reasons, arguing for a novel form of realism we might call anomalous naturalism: anomalous, because it is not just non-reductive but also non-revisionary, refusing to compromise in any way on the thought that the prescriptive authority of normative reasons is objective and reaches to all possible agents; naturalism, because it still treats normative properties as perfectly ordinary causal (...) properties, and thus avoids many of the epistemological problems that bedevil realisms of the sort recently advanced by Thomas Nagel, Derek Parfit, and T. M. Scanlon. In the first section of the paper, I discuss Davidson’s understanding of objective prescriptivity and one important challenge that it faces. In the second section, I show how an answer to this challenge can be found in Davidson’s holism of the mental. As we shall see, Davidson’s holism of the mental makes the possibility of strongly prescriptive properties much easier to take seriously. In the final section of the paper, I take up various grounds for doubting that such properties could also be causal. (shrink)

In the Netherlands, the policy of supporting the efforts of ethnic-cultural minorities to express and preserve their cultural distinctiveness, is nowadays considered as problematic because it might interfere with their integration into the wider society. The primary aim is now to reduce these groups' unemployment rate and to stimulate their participation in the wider society. In this article I consider how the notion of the intrinsic value of cultures, if sensible, might affect the policy regarding ethnic-cultural minorities. I develop a (...) theory of intrinsic value of culture, as an analogy of the theory of intrinsic value of non-human natural entities. My conclusion is that the dominant cultural group in the Netherlands should preserve clearly deviant minority cultures which have considerable intrinsic value. (shrink)

The double subjectivity of conscience and the need to test conscientious objections -/- Abstract In spite of the collapse of the traditional objective concept of conscience and the subsequent subjectivation of conscience, conscientious objections are still often considered as a valid ground for exemption from legal and professional obligations. Conscientious objections are seen as more serious than ordinary moral objections. It is not evident why this is so. I argue, with Niklas Luhmann, that the function of conscience is to protect (...) the moral core of a person’s identity. Overruling conscientious objections threatens this core. Claims of conscience are usually founded on the right of freedom of conscience. This right is not absolute. I discuss the view of Richard Arneson who rejects the right of freedom of conscience and defends the right against conscience. I agree with Arneson that, at the one hand, conscientious objectors may constitute a threat to the social and legal order when their objections are not recognised and, at the other hand, too easy giving in to conscientious objections may also threaten the viability of social and legal order. That is why it is needed to determine when conscientious objections cannot be taken at face value, but should be subjected to a series of tests. The aim of these tests is to contain the number of objectors. I discuss 6 criteria for determining whether conscientious objections ground an exemption to legal and professional obligations. At the end of the article I discuss the conscientious objections of medical doctors. (shrink)

Our paper consists of three parts. In the first part we explain the concept of mental fictionalism. In the second part, we present the various versions of fictionalism and their main sources of motivation.We do this because in the third part we argue that mental fictionalism, as opposed to other versions of fictionalism, is a highly undermotivated theory.

Research Articles Adam Mossoff, Social Philosophy and Policy, FirstView Article.

In his recent book Error Theory: History, Critique, Defence, Jonas Olson attempts to revive the argument from queerness originally made famous by J.L. Mackie. In this paper, we do three things. First, we eliminate four untenable formulations of the argument. Second, we argue that the most plausible formulation is one that depends crucially upon considerations of parsimony. Finally, we evaluate this formulation of the argument. We conclude that it is unproblematic for proponents of moral non-naturalism—the target of the argument from (...) queerness. (shrink)

This paper deals with the possibility of faultless disagreement in law. It does this by looking to other spheres in which faultless disagreement appears to be possible, mainly in matters of taste and ethics. Three possible accounts are explored: the realist account, the relativist account, and the expressivist account. The paper tries to show that in the case of legal disagreements, there is a place for an approach that can take into account our intuitions in the sense that legal disagreements (...) are genuine and at times faultless. (shrink)