This chapter explores two central questions in the conceptual ethics of normative inquiry. The first is whether to orient one’s normative inquiry around folk normative concepts (like KNOWLEDGE or IMMORAL) or around theoretical normative concepts (like ADEQUATE EPISTEMIC JUSTIFICATION or PRO TANTO PRACTICAL REASON). The second is whether to orient one’s normative inquiry around concepts whose normative authority is especially accessible to us (such as OUGHT ALL THINGS CONSIDERED), or around concepts whose extension is especially accessible to us (such as (...) BETRAYAL). The chapter aims to make vivid and plausible a range of possible answers to these questions, and important forms of argument that can be used to favor certain answers over others. (shrink)

On the traditional approach to metaethics, theories are expected to be faithful to ordinary normative discourse – or at worst (if we think the ordinary discourse is metaphysically unsound) to deviate from it as little as possible. -/- This paper develops an alternative, “conceptual engineering” approach to metaethical enquiry, which is not in this way restricted by our present discourse. On this approach, we will seek to understand the psychology, semantics, metaphysics and epistemology, not just of our present concepts, but (...) also of other possible normative concepts. The ultimate point of the enquiry is to choose between the available alternatives: to decide what kinds of normative concepts to use, going forward. -/- The paper aims to make this suggestion precise, in a way that a) answers worries about circularity, b) answers worries about “changing the subject”, c) retains metaethics as a truth-seeking enquiry, and d) leads to an independently plausible methodology. (shrink)

This paper is divided into two parts. In the first one I distinguish between weak and strong Anti-Archimedeanisms, the latter being the view that metaethics, just as any other discipline attempting to work out a second-order conceptual, metaphysical non-committed discourse about the first-order discourse composing normative practices, is conceptually impossible or otherwise incoherent. I deal in particular with Ronald Dworkin’s famous exposition of the view. I argue that strong Anti-Archimedeanism constitutes an untenable philosophical stance, therefore making logical space for the (...) practice of a discipline such as metaethics—conceived as ethically neutral. This makes space, concurrently, for neutral conceptual jurisprudence. In the second part of the article, I attempt to show two things. On the one hand, that Dworkin’s widely discussed ‘challenge of disagreements’ to legal positivism is founded upon strong Anti-Archimedeanism. On the other hand, that having rejected strong Anti-Archimedeanism we should consequently reject the challenge as a serious challenge to positivism. This move, of course, does not thereby imply that accounting for legal disagreements is not an important jurisprudential task. But it marks—contra Dworkin—that there is no principled or a priori impossibility of doing so within a positivist framework. (shrink)

In both co-authored and solo-authored work over the past decade, we have developed the idea of “metalinguistic negotiation”. On our view, metalinguistic negotiation is a type of dispute in which speakers appear to use (rather than explicitly mention) a term in conflicting ways to put forward views about how that very term should be used. In this paper, we explore four possible dimensions of variation among metalinguistic negotiations, and the interactions among those dimensions. These types of variation matter for understanding (...) the nature, and the potential range, of the phenomenon of metalinguistic negotiation. As an illustration of the latter, we argue in our concluding section that understanding the full range of forms that metalinguistic negotiations can take has implications for debates about the “implementation” of conceptual engineering proposals. (shrink)

When legal theorists ask questions about legal interpretation—such as what it fundamentally is, what it aims at, or how it should work—they often do so in ways closely tethered to existing legal practice. For example: they try to understand how an activity legal actors (purportedly) already engage in should be done better, such as how judges can better learn about the content of the law. In this paper, I discuss a certain kind of “conceptual ethics” approach to thinking about legal (...) interpretation, which is less tethered to existing legal practice (or the existing meaning of core pieces of legal terminology). The approach I explore asks questions about legal interpretation in a way that is tethered to what legal (or “legal-ish”) concepts people should deploy, as part of arguments on behalf of engaging in legal (or “legal-ish”) practices different from our current ones. In exploring this approach, I aim to help us better understand the landscape of philosophical issues about legal interpretation, including parts of it that I think have been underexplored. (shrink)

Ethical non-naturalists often charge that their naturalist competitors cannot adequately explain the distinctive normativity of moral or more broadly practical concepts. I argue that the force of the charge is mitigated, because non-naturalism is ultimately committed to a kind of mysterianism about the metaphysics of practical norms that possesses limited explanatory power. I then show that focusing on comparative judgments about the explanatory power of various metaethical theories raises additional problems for the non-naturalist, and suggest grounds for optimism that a (...) naturalistic realist about practical normativity will ultimately be able to explain the distinctive normativity of practical norms. I then show that radical pluralism or particularism about the structure of normative ethics would complicate the naturalistic strategy that I defend. This suggests a perhaps surprising way in which the resolution of the debate between ethical naturalists and non-naturalists may rest in part on the answers to substantive normative questions. (shrink)

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)

In the 1980s and early 1990s, the normativity of meaning was thought to be more-or-less 'incontestable.' But in the last 25 years, many philosophers of mind and language have contested it in several seemingly different ways. This, however, is somewhat illusory. There is an unappreciated commonality among most anti-normativist arguments, and this commonality, I argue, poses a problem for anti-normativism. The result, however, is not a wholesale rejection of anti-normativism. Rather, an insight from the anti-normativist position can be harnessed to (...) reveal an unappreciated position in the normativity of meaning debate. (shrink)

The most discussed theory of law of the twentieth century – HLA Hart’s theory from _The Concept of Law_ – is fundamentally _psychological_. It explains the existence of legal systems in terms of an attitude taken by legal officials: the internal point of view. Though much has been said about this attitude (what statements _express_ it, what it is _not_, how Hart _ought_ to have conceived of it, etc.), we nonetheless lack an adequate account of the attitude itself. This paper (...) presents and defends an account of the internal point of view and shows how, when understood as the account suggests, this attitude can play the several roles that Hartian positivists need it to play. (shrink)

This paper presents a series of arguments aimed at showing that, for an important subclass of social rules—non‐summary rules—no adequate metaphysical account has been given, and it tentatively suggests that no such account can be given. The category of non‐summary rules is an important one, as it includes the rules of etiquette, fashion, chess, basketball, California state law, descriptive English grammar, and so on. This paper begins with behavioristic accounts of the conditions for the existence of such rules, and proceeds (...) through progressively more complex accounts, all the way to what are labeled ‘normative attitude accounts,’ which are prima facie plausible and particularly popular. In each case it is argued that the type of account under consideration cannot explain the existence of the relevant type of social rule. (shrink)

What is the significance of empirical moral psychology for metaethics? In this article we take up Michael Ruse’s evolutionary debunking argument against moral realism and reassess it in the context of the empirical state of the art. Ruse’s argument depends on the phenomenological presumption that people generally experience morality as objective. We demonstrate how recent experimental findings challenge this widely-shared armchair presumption and conclude that Ruse’s argument fails. We situate this finding in the recent debate about Carnapian explication and argue (...) that it illustrates the necessary role that empirical moral psychology plays in explication preparation. Moral psychology sets boundaries for reasonable desiderata in metaethics and, therefore, it is necessary for metaethics. (shrink)

In recent years, there has been growing discussion amongst philosophers about “conceptual engineering”. Put roughly, conceptual engineering concerns the assessment and improvement of concepts, or of other devices we use in thought and talk (e.g., words). This often involves attempts to modify our existing concepts (or other representational devices), and/or our practices of using them. This paper explores the relation between conceptual engineering and conceptual ethics, where conceptual ethics is taken to encompass normative and evaluative questions about concepts, words, and (...) other broadly “representational” and/or “inferential” devices we use in thought and talk. We take some of the central questions in conceptual ethics to concern which concepts we should use and what words should mean, and why. We put forward a view of conceptual engineering in terms of the following three activities: conceptual ethics, conceptual innovation, and conceptual implementation. On our view, conceptual engineering can be defined in terms of these three activities, but not in a straightforward, Boolean way. Conceptual engineering, we argue, is made up of mereologically complex activities whose parts fall into the categories associated with each of these three different activities. (shrink)

Is the notion of grounding arguably prevalent throughout moral philosophy the same as that found in metaphysics? Selim Berker has argued it is. This, he claims, has a ‘surprising’ consequence: many central claims in normative ethics become claims within both normative ethics and meta-ethics. I argue that whatever important consequences the unity of grounding may have for moral philosophy, it does not, pace Berker, entail anything significant regarding the relationship between normative ethics and meta-ethics.

Is the notion of grounding arguably prevalent throughout moral philosophy the same as that found in metaphysics? Selim Berker has argued it is. This, he claims, has a ‘surprising’ consequence: many central claims in normative ethics become claims within both normative ethics and meta-ethics. I argue that whatever important consequences the unity of grounding may have for moral philosophy, it does not, pace Berker, entail anything significant regarding the relationship between normative ethics and meta-ethics.

Many of the most important social institutions—e.g., law and language—are thought to be normative in some sense. And philosophers have been puzzled by how this normativity can be explained in terms of the social, descriptive states of affairs that presumably constitute them. This paper attempts to solve this sort of puzzle by considering a simpler and less contentious normative social practice: table manners. Once we are clear on the exact sense in which a practice is normative, we see that some (...) practices can be normative in an interesting and non-trivial sense, but also explicable with merely descriptive resources. In addition to arguing that it is possible to explain normative practices with descriptive resources, this paper presents and defends just such an explanation—an account of the nature of table manners that appeals only to descriptive states of affairs. (shrink)

SPECIAL ISSUE ON DISAGREEMENTS: The fact of moral disagreement is often raised as a problem for moral realism. The idea is that disagreement amongst people or communities on moral issues is to be taken as evidence that there are no objective moral facts. While the fact of ‘folk’ moral disagreement has been of interest, the fact of expert moral disagreement, that is, widespread and longstanding disagreement amongst expert moral philosophers, is even more compelling. In this paper, I present three arguments (...) against the anti-realist explanation for widespread and longstanding disagreement amongst expert moral philosophers. Each argument shows the argument from expert disagreement for moral anti-realism, that is, denial of morality’s objectivity, to be in one way or another self-undermining. I conclude that widespread and longstanding disagreement amongst expert moral philosophers is not a problem for moral realism. (shrink)