The central purpose of this essay is to consider some of the more prominent reasons why realists have rejected the Humean theory of motivation. I shall argue that these reasons are not persuasive, and that there is nothing about being a moral realist that should make us suspicious of Humeanism.

The idea that moral imperatives are categorical is commonly used to support internalist claims about moral judgment. I argue that the categorical quality of moral requirements shows at most that moral motivation need not flow from a background desire to be moral. It does not show that moral judgments can motivate by themselves, or that amoralism is impossible.

The metatethical position known as motive internalism (MI) holds that moral beliefs are necessarily motivating. Adina Roskies (in Philosophical Psychology, 16) has recently argued against MI by citing patients with injuries to the ventromedial (VM) cortex as counterexamples to MI. Roskies claims that not only do these patients not act in accordance with their professed moral beliefs, they exhibit no physiological or affective evidence of being motivated by these beliefs. I argue that Roskies' attempt to falsify MI is unpersuasive because (...) the evidence used to attribute the relevant moral beliefs to VM patients is insufficient: Contra Roskies, that VM patients are proficient moral reasoners does not establish the presence of these moral beliefs. In addition, the linguistic evidence Roskies cites (a) is vulnerable to methodological worries about its reliability or authenticity, (b) does not override counterevidence derived from the patients' nonlinguistic behavior, and (c) is undermined by VM patients' inability to correctly attribute moral beliefs to others. I conclude with a proposal about how MI should be interpreted, given that it is not falsified by empirical evidence of the sort put forth by Roskies. (shrink)

We accomplish three things in this paper. First, we provide evidence that the motivational internalism/externalism debate in moral psychology could be a false dichotomy born of ambiguity. Second, we provide further evidence for a crucial distinction between two different categories of belief in folk psychology: thick belief and thin belief. Third, we demonstrate how careful attention to deep features of folk psychology can help diagnose and defuse seemingly intractable philosophical disagreement in metaethics.

Motivational internalism is the thesis that captures the commonplace thought that moral judgements are necessarily motivationally efficacious. But this thesis appears to be in tension with another aspect of our ordinary moral experience. Proponents of the contrast thesis, motivational externalism, cite everyday examples of amoralism to demonstrate that it is conceptually possible to be completely unmoved by what seem to be sincere first-person moral judgements. This paper argues that the challenge of amoralism gives us no reason to reject or modify (...) motivational internalism. Instead of attempting to diagnose the motivational failure of the amoral agent or restrict the internalist thesis in the face of these examples, I argue that we should critically examine the assumptions that underlie the challenge. Such an examination reveals that the examples smuggle in substantive assumptions that the internalist has no reason to accept. This argument has two important implications for the debate in moral motivation: first, it reveals that the motivational externalist needs a new argumentative strategy; and second, it shows that there is nothing especially problematic about a formulation of the thesis that captures the core internalist intuition that first-person moral judgements are necessarily accompanied by motivation. (shrink)

Reviews work on moral judgment motivational internalism from the last two decades.

This paper examines the empirical and armchair evidence concerning the practical profiles of normative judgments. It then argues that the theory of normative judgment that best explains these practical profiles is a version of cognitivism: subjectivism. The preferred version says, roughly, i) each normative predicate is conventionally associated with a certain conative attitude, and ii) for S to judge that x has normative status N is for S to judge that x has a property picked out by the conative attitude (...) associated with N. In short, having a normative judgment about x semantically necessitates having a conative attitude toward x's properties, to be contrasted with conceptual necessitation, metaphysical necessitation, rational necessitation, etiological necessitation, and other flavors of necessitation. (shrink)

Consider orthodox motivational judgment internalism: necessarily, A’s sincere moral judgment that he or she ought to φ motivates A to φ. Such principles fail because they cannot accommodate the amoralist, or one who renders moral judgments without any corresponding motivation. The orthodox alternative, externalism, posits only contingent relations between moral judgment and motivation. In response I first revive conceptual internalism by offering some modifications on the amoralist case to show that certain community-wide motivational failures are not conceptually possible. Second, I (...) introduce a theory of moral motivation that supplements the intuitive responses to different amoralist cases. According to moral judgment purposivism (MJP), in rough approximation, a purpose of moral judgments is to motivate corresponding behaviors such that a mental state without this purpose is not a moral judgment. MJP is consistent with conceptual desiderata, provides an illuminating analysis of amoralist cases, and offers a step forward in the internalist-externalist debates. (shrink)

Philosophical Perspectives, Volume 35, Issue 1, Page 23-49, December 2021.

I outline a theory of moral motivation which is compatible with the metaphysical claims of strong emotionism—a sentimentalist account of morality first outlined by Jesse Prinz and supported by myself which construes moral concepts and properties as a subset of emotion-dispositional properties. Given these claims, it follows that sincere moral judgements are necessarily motivating in virtue of their emotional constitution. I defend an indefeasible version of judgement motivational internalism which takes into consideration both positively and negatively valenced affective states and (...) how they promote both approach and avoidance motivation, respectively. On this view, in making sincere moral judgements agents are antecedently motivated by standing Desires to avoid or approach the stimuli picked out by their judgements. I also defend internalism against the objections from defeating circumstances and amoralists. As regards the former, I claim that the tendency of philosophers to frame the motivation debate in terms of positive moral judgements makes the argument from defeating circumstances appear more plausible than it is; as regards the latter, I claim the amoralist argument only has force if it is empirically well supported and that psychological data has hitherto been unconvincing. (shrink)

I argue against motivational internalism. First I recharacterise the issue over moral motivation. Second I describe the indifference argument against motivation internalism. Third I consider appeals to irrationality that are often made in the face of this argument, and I show that they are ineffective. Lastly, I draw the motivational externalist conclusion and reflect on the nature of the issue.

Abstract: This article addresses a number of difficulties and complications in the standard formulations of motivational internalism, and considers what besires might be in the light of those difficulties and complications. Two notions of besire are then distinguished, before considering how different kinds of motivational internalism and different conceptions of besire fare against the significant argument that we may be indifferent to the demands of morality without irrationality.

Self-consciousness in non-human animals is a complex phenomenon which raises both conceptual and methodological problems. First, what do we mean by the concept of ‘self-consciousness’? Secondly, what is the best experimental approach to self-consciousness? This paper gives a short overview of the concept of self-consciousness in section 1. We can understand the concept of self-consciousness as capturing the ability of subjects to consciously think about themselves as themselves. If this is accurate, then it is prudent to look at a broad (...) bundle of abilities which are related to this ability. The paper then focuses on advantages and problems of the multipronged approach, a kind of empirical approach which uses several different test criteria to determine whether a subject is self-conscious or not. Section 2 briefly contrasts this kind of approach with other possibilities. The main disparity is to singlepronged approaches, which have been discussed and dismissed in greater detail elsewhere. Section 3 discusses the advantages of a multipronged approach, whereas section 4 is dedicated to the discussion of some of its problems. (shrink)

I offer and develop an original answer to the question of whether emotion plays an important role in the formation of moral thought. In a nutshell, my answer will be that if motivational internalism provides us with a correct description of the nature of moral thought, then emotion plays an important role because emotion is required to explain or ground the behavioral dispositions that are involved in moral thought.

Humean externalism is the view that moral motivation must be explained in terms of desires that are “external” to an agent’s motivationally-inert moral judgments. A standard argument in favor of Humean externalism appeals to the possibility of amoral or morally cynical agents—agents for whom moral considerations gain no motivational traction. The possibility of such agents seems to provide evidence for both the claim that moral judgments are themselves motivationally inert, and the claim that moral motivation has its source in desires (...) external to those judgments. This essay makes the case that, rather than providing a compelling argument in favor of Humean externalism, the argument from amoralism can be recast to set up an important challenge to this view. On one hand, it appears that the central methodological considerations and types of evidence that undergird the externalist argument from amoralism are in tension with a central Humean commitment: namely, that desires can be sources of motivation. While it is possible for Humeans to escape this horn of the dilemma, the most plausible strategies for doing so can be co-opted by internalists to resist the argument’s externalist conclusion. (shrink)

One of the most prevalent and influential assumptions in metaethics is that our conception of the relation between moral language and motivation provides strong support to internalism about moral judgments. In the present paper, I argue that this supposition is unfounded. Our responses to the type of thought experiments that internalists employ do not lend confirmation to this view to the extent they are assumed to do. In particular, they are as readily explained by an externalist view according to which (...) there is a pragmatic and standardized connection between moral utterances and motivation. The pragmatic account I propose states that a person’s utterance of a sentence according to which she ought to ϕ conveys two things: the sentence expresses, in virtue of its conventional meaning, the belief that she ought to ϕ, and her utterance carries a generalized conversational implicature to the effect that she is motivated to ϕ. This view also makes it possible to defend cognitivism against a well-known internalist argument. (shrink)

In the metaethical debate on moral internalism and externalism, appeal is constantly made to people’s intuitions about the connection between moral judgments and motivation. However, internalists and externalists disagree considerably about their content. In this paper, we present an empirical study of laymen’s intuitions about this connection. We found that they lend surprisingly little support to the most celebrated versions of internalism, which provide reasons to be skeptical of the evidential basis for these views.

According to the established understanding of the Frege-Geach problem, it is a challenge exclusively for metaethical expressivism. In this paper, I argue that it is much wider in scope: The problem applies generally to views according to which moral sentences express moral judgments entailing that one is for or against something, irrespective of what mental states the judgments consist in. In particular, it applies to motivational internalism about moral judgments. Most noteworthy, it applies to cognitivist internalism according to which moral (...) judgments consist in motivating beliefs. Hence, in order for a metaethical view to evade the Frege-Geach problem, it should avoid stating that moral judgments are motivating. (shrink)

Among the characteristic features of depression is a diminishment in or lack of action and motivation. In this paper, I consider a dominant philosophical account which purports to explain this lack of action or motivation. This approach comes in different versions but a common theme is, I argue, an over reliance on psychologistic assumptions about action–explanation and the nature of motivation. As a corrective I consider an alternative view that gives a prominent place to the body in motivation. Central to (...) the experience of depression are changes to how a person is motivated to act and, also as central, are changes to bodily feelings and capacities. I argue that broadly characterizing motivation in terms of bodily capacities can, in particular, provide a more compelling account of depressive motivational pathology. (shrink)

If internalism in ethics is correct, then moral beliefs necessarily motivate. Externalism rejects this thesis, holding that the relationship between beliefs and motives is only contingent. The position I develop is that both views are false. By defining a logical relationship between moral beliefs and motives that is weaker than logical necessitation, it is possible to maintain (contrary to internalism) that beliefs may occur without motives, but (contrary to externalism) that they cannot always do so. The logical point is explicated (...) through a psychological interpretation of moral emotions that gives their constituent beliefs an inherent link to action, together with a semantic characterization of moral concepts that ties their competent use to familiarity with these emotions. (shrink)

In this paper, I argue that an externalist theory of thought content provides the means to resolve two debates in moral philosophy. The first—that between judgement internalism and judgement externalism—concerns the question of whether there is a conceptual connection between moral judgement and motivation. The second—that between reasons internalism and reasons externalism—concerns the relationship between moral reasons and an agent's subjective motivational set. The resolutions essentially stem from the externalist claim that concepts can be grasped partially, and a new moral (...) theory, which I call ‘moral externalism’, emerges. (shrink)

According to judgment internalism, there is a conceptual connection between moral judgment and motivation. This paper offers an argument against that kind of internalism that does not involve counterexamples of the amoralist sort. Instead, it is argued that these forms of judgment internalism fall prey to a Frege-Geach type argument.

Metaethical questions are typically held to be a priori , and therefore impervious to empirical evidence. Here I examine the metaethical claim that motive-internalism about belief , the position that moral beliefs are intrinsically motivating, is true. I argue that belief-internalists are faced with a dilemma. Either their formulation of internalism is so weak that it fails to be philosophically interesting, or it is a substantive claim but can be shown to be empirically false. I then provide evidence for the (...) falsity of substantive belief-internalism. I describe a group of brain-damaged patients who sustain impairment in their moral sensibility: although they have normal moral beliefs and make moral judgments, they are not inclined to act in accordance with those beliefs and judgments. Thus, I argue that they are walking counterexamples to the substantive internalist claim. In addition to constraining our conception of moral reasoning, this argument stands as an example of how empirical evidence can be relevantly brought to bear on a philosophical question typically viewed to be a priori. (shrink)

In this paper I show that one version of motivational internalism follows from the so-called ideal observer theory. Let us call the version of the ideal observer theory used in this essay (IOT). According to (IOT), it is necessarily the case that it ought to be that A if and only if every ideal observer wants it to be the case that A. We shall call the version of motivational internalism that follows from (IOT) (moral) conditional belief motivational internalism (CBMI). (...) According to (CBMI), it is necessarily the case that, for every x: if x were an ideal observer, it would be the case that x believes that it ought to be that A only if x wants it to be the case that A. Given that it is necessarily true that no ideal observer has any false beliefs, (IOT) entails (CBMI). Or, so I shall argue. (shrink)

The unconditional version of motivational internalism says that if an agent sincerely judges that to φ in circumstances C is the best option available to her, then, as a matter of conceptual necessity, she will be motivated to φ in C. This position faces a powerful counterargument according to which it is possible for various cases of practical irrationality to completely defeat an agent’s moral motivation while, at the same time, leaving her appreciation of her moral reasons intact. In this (...) paper, I will argue that weakness of will, as the paradigmatic case of practical irrationality, and all other cases of practical irrationality that feature in standard formulations of this argument do not represent genuine counterexamples to this version of motivational internalism. In this sense, the main aim of this paper is to show that proponents of this internalist position are well justified in their denial of the claim that there are people who are completely unmotivated by their judgments about what is the best option available to them. (shrink)

In this paper, I hope to provide an account of the conditions of moral realism whereby there are still significant metaphysical commitments made by the realist which set the view apart as a distinct position in the contemporary meta-ethical landscape. In order to do so, I will be appealing to a general account of what it is for realism to be true in any domain of experience, whether it be realism about universals, realism about unobservable scientific entities, realism about artifacts, (...) and so forth. (shrink)

Cases involving amoralists who no longer care about the institution of morality, together with cases of depression, listlessness, and exhaustion, have posed trouble in recent years for standard formulations of motivational internalism. In response, though, internalists have been willing to adopt narrower versions of the thesis which restrict it just to the motivational lives of those agents who are said to be in some way normal, practically rational, or virtuous. My goal in this paper is to offer a new set (...) of counterexamples to motivational internalism, examples which are effective both against traditional formulations of the thesis as well as against many of these more recent restricted proposals. (shrink)

The Humean theory of motivation remains the default position in much of the contemporary literature in meta-ethics, moral psychology, and action theory. Yet despite its widespread support, the theory is implausible as a view about what motivates agents to act. More specifically, my reasons for dissatisfaction with the Humean theory stem from its incompatibility with what I take to be a compelling model of the role of motivating reasons in first-person practical deliberation and third-person action explanations. So after first introducing (...) some assumptions about the nature of agency in section one, I will turn to articulating and defending this account of motivating reasons in sections two through four of the paper. Section five then provides some background on the Humean theory before I argue directly against it in section six and critically examine the leading arguments for the view in section seven. Given limitations of space, however, I save the task of developing a positive anti-Humean view for another occasion. (shrink)

In the first part of the article, an account of moral judgment in terms of emotional dispositions is given. This account provides an expressivist explanation of three important features of moral demands: inescapability, authority independence and meriting. In the second part of the article, some ideas initially put forward by Christopher Boehm are developed and modified in order to provide a hypothesis about the evolution of the ability to token moral judgments. This hypothesis makes evolutionary sense of inescapability, authority independence (...) and meriting. It does so by referring to the selection pressures generated in the Late Pleistocene by large-game hunting. If the hypothesis is correct, we can say that, in a sense, meat made us moral. (shrink)

Recent virtue theorists in psychology implicitly assume the truth of motivational internalism, and this assumption restricts the force and scope of the message that they venture to offer as scientists. I aim to contrive a way out of their impasse by arguing for a version of Aristotelian motivational externalism and suggesting why these psychologists should adopt it. There is a more general problem, however. Although motivational externalism has strong intuitive appeal, at least for moral realists and ‘Humeans’ about motivation, it (...) continues to be threatened by Smith’s fetishisation argument and burdened by the inability of its familiar counter-examples to internalism (of the immoral, wicked, listless and amoral persons) to bear full scrutiny. I argue that Aristotle’s example of the continent person (as distinct from the fully virtuous) offers a more persuasive counter-example to internalism. The moral judgements of continent persons do not motivate them intrinsically, yet the continent cannot be counted as practically irrational with regard to morality. If Aristotelian motivational externalism holds true, psychologists can offer full-fledged theories of virtue without the danger of turning the science of psychology into a prescriptive moralism. (shrink)

Much of the literature on impairment to self-governance focuses on cases in which a person either lacks the ability to protect herself from errant urges or cases in which a person lacks the capacity to initiate self-reflective agential processes. This has led to frameworks for thinking about self-governance designed with only the possibility of these sorts of impairments in mind. I challenge this orthodoxy using the case of melancholic depression to show that there is a third way that self-governance can (...) be undermined: an agent may fail to form the desire she most wants to act on. (shrink)

One of us -- Alfred Mele (1996; 2003, ch. 5) -- has argued that possible instances of listlessness falsify the combination of cognitivism and various kinds of internalism about positive first-person moral ought-beliefs. If an argument recently advanced by James Lenman (1999) is successful, listlessnessis impossible and Mele's argument from listlessness therefore fails.However, we will argue that Lenman's argument is unpersuasive.

Much in contemporary metaethics revolves around the two positions known as ‘motivational internalism’ and the ‘Humean theory of motivation’. The importance of these positions is mostly due to their role in what is considered to be the most powerful argument for metaethical non-cognitivism: the so-called ‘motivation argument’. In my paper, I want to argue that widely accepted renditions of the MA, such as the rendition recently forwarded by Russ Shafer-Landau, are flawed in two senses. First, they fail to sufficiently distinguish (...) between conceptual claims and empirical psychological claims, thereby somewhat obscuring the status of the argument and its conclusion. Secondly, they start from definitions of motivational internalism that are, in crucial respects, too strong. Motivational internalism is usually formulated as the claim that moral judgements necessarily motivate; as I want to argue, however, the claim that moral judgements potentially motivate is all the motivational internalism a noncognitivist defender of the MA is ever going to need. (shrink)

Argues that emotivism is compatible with cases where we seem to lack motivation to act according to our moral opinions.

What is it that we are doing when we make ethical claims and judgments, such as the claim that we morally ought to assist refugees? This dissertation introduces and defends a novel theory of ethical thought and discourse. I begin by identifying the surface features of ethical thought and discourse to be explained, including the realist and cognitivist (i.e. belief-like) appearance of ethical judgments, and the apparent close connection between making a sincere ethical judgment and being motivated to act on (...) it. I examine prominent attempts to explain these features, with a focus on recent ‘hybrid’ theories combining elements of expressivism and cognitivism. Despite their initial promise, I argue that extant hybrid theories are nevertheless committed to problematic semantic, metasemantic, or pragmatic assumptions. I then discuss what I take to be the strongest existing option, ethical neo-expressivism (Bar-On and Chrisman, 2009; Bar-On, Chrisman, and Sias, 2014), and develop it into an explicitly hybrid theory proposing that ethical judgments incorporate both motivationally-charged affective states and moral beliefs. I then supplement this account with a theory of the proper function (following Millikan, 1984) of ethical claims and judgments, arguing that they function simultaneously to track the morally salient features of social situations, and to coordinate our behavior around these features. Finally, I defend one of the cognitivist commitments of the theory – namely, that objective moral knowledge is possible – by applying recent work on the epistemology of fundamental or ‘core’ intellectual commitments (Lynch, 2012; Pritchard, 2016) to the moral realm. (shrink)

This dissertation investigates the plausibility of metaethical relativism, or more specifically, what I call “moral truth-value relativism”: the idea that the truth of a moral statement or belief depends on who utters or has it, or who assesses it. According to the most prevalent variants of this view in philosophical literature – “standard relativism” – the truth-values are relative to people’s moralities, often understood as some subset of their affective or desirelike attitudes. Standard relativism has two main contenders: absolutism – (...) the view that the truth-values of moral statements and beliefs do not vary in that way – and non-cognitivism – the view that moral judgements do not have truth-values, since they express affective or desire-like attitudes rather than beliefs. Almost the entire dissertation concerns the plausibility of standard relativism in contrast to absolutism. Part 1 examines first the two main arguments for standard relativism: that it accounts for the connection between moral judgements and motivation (chapter 2), and for the prevalence of diversity of moral opinion (chapter 3). Then the most common objection is considered: that it is inconsistent with the existence of genuine moral disagreements (chapter 4). I argue that these arguments are inconclusive. Both relativism and absolutism can account for the features discussed. Part 2 focuses on the fact that different people have different strongly held intuitions about the relative or absolute nature of morality. I argue that given a common methodological approach in philosophy and metaethics, which takes such intuitions as evidence of correct analyses, this difference in intuitions suggests that neither a relativist nor absolutist analysis can be correct for everyone’s moral judgements. I argue that this result holds both given semantic internalism (chapter 6) and given semantic externalism (chapter 7). To get one single analysis of everyone’s moral judgements we would have to abandon the intuitionbased methodology. In chapter 8, however, I argue that we can maintain this methodology if we accept analysis pluralism, the view that different analyses hold for different people’s moral judgements. (shrink)

The thesis explores the question of how should a rational moral agent reason and make choices when he finds himself accepting inconsistent moral judgments. It is argued that it is both conceptually and psychologically justified to describe such an agent as suffering from uncertainty. Such uncertainty, however, is not uncertainty regarding the truth of some descriptive claim, but rather uncertainty regarding the truth of a normative claim. Specifically it is uncertainty regarding the truth of a moral judgement. In the literature (...) this is sometimes called “moral uncertainty”. Two different lines of philosophical literatures that explore the idea of moral uncertainty are discussed. The first line – the one that originated from David Lewis‟ argument against the “Desire as Belief Thesis” – explores the mere possibility of moral uncertainty, while the second line explores the question how ought a rational moral agent choose in face of moral uncertainty. The discussion of these two lines of research leads to the conclusion that a consistent account of moral decision making under conditions of moral uncertainty that will be applicable to the kind of cases that the thesis explores, must make use of degrees of beliefs in comparative moral judgements and of them alone. Specifically, no references to degrees of moral value should be made. An attempt to present such an account in the framework of an extension of Leonard Savage‟s model for decision making is carried out. This attempt leads to a problematic result. Several implications of the result to ethic and meta-ethics are discussed as well as possible ways to avoid it. The conclusion is partly positive and partly negative: While a plausible account of moral decision making under conditions of moral uncertainty is presented, an account of moral reasoning that aims at finding a complete moral theory is shown to be a very difficult – if not impossible - aim to achieve. (shrink)

Moral language displays a characteristic duality. On the one hand, moral claims seem to be similar to descriptive claims: To say that an act is right seems to be a matter of making an assertion, thus indicating that the speaker has a moral belief about which she can be correct or mistaken. On the other hand, moral claims seem to be different from descriptive claims: There is a sense in which, by claiming that an act is right, a speaker indicates (...) that she is inclined to perform the act, to want others to perform it, and to react with praise towards those who do it. Hybrid theories maintain that utterances of moral sentences have both a descriptive and a practical linguistic function. In this thesis, I investigate how a hybrid theory can best accommodate the descriptive and the practical aspects of moral language. I evaluate and criticize the way that existing hybrid theories have proposed to explain the duality of moral language. The main arguments against these views are that they either: fail to accommodate the way that the practical or attitudinal import of moral claims vary across different contexts and linguistic environments; or that they fail to show how the practical or attitudinal import is reliably inferred by interlocutors in virtue of general communicative principles. I develop and defend a new hybrid theory called ‘dynamic descriptivism’. This theory accommodates the duality of moral language by appeal to the way that moral utterances affect a dimension of communication which consists of the shared assumptions that interlocutors mutually assume to mutually accept. Moreover, I discuss a problem which has affected a wide range of theories of moral language – including existing hybrid theories – which is the problem of explaining what it is that interlocutors disagree about when they disagree about matters of morality. I argue that that dynamic descriptivism offers new resources for solving this problem. (shrink)

In this thesis, I explore motivational internalism and externalism, which concern the relationship between moral judgments and motivation. I first introduce the basic terms and different forms of internalism and externalism, including the externalist objections to internalism based on the famous counterexamples. I then argue against externalism by defending and developing Michael Smith’s fetishism argument. I not only respond to the externalist objections to the fetishism argument but also further argue against different externalist explanations of moral motivation that intend to (...) avoid the fetishism charge. Finally, I re-examine different forms of internalism in order to argue for a new form of internalism that can better preserve our internalist intuitions whilst accommodating the externalist counterexamples. My ultimate conclusion will be that the most plausible form of internalism to accept is constitutional, unconditional, relatively strong, direct internalism that is formulated in terms of dispositional desires. (shrink)

The thesis examines the theoretical relationship between law and ethics. Its methodology is informed by both the existentialist tradition of ethical phenomenology and the natural law tradition in legal theory. The main claim of the thesis is that a phenomenological analysis of ethical experience, as suggested by the writings of existentialist authors such as Jean-Paul Sartre and Emmanuel Levinas, provides important support for the natural law tradition. This claim is developed and defended through detailed engagement with the natural law theory (...) of John Finnis. Specifically, I contend that Finnis’ account of moral reasoning as applying the principles of practical reasonableness to a context of self-evident, basic values gains significant support from a phenomenological theory of ethical experience. Finnis’ emphasis on the irreducible role of choice in moral deliberation also finds support in the existentialist tradition. However, I criticise some key aspects of Finnis’ theory, including his emphasis on the transcendental character of the basic values and his account of legal obligation. I begin by outlining some central features of the existentialist approach to philosophy. I advance an interpretation of existentialism as ethical phenomenology. I then discuss some possible methodological connections between the existentialist and natural law traditions. This discussion provides the methodological framework for the remainder of the thesis. The thesis develops and defends a substantially original theory of the relationships between law, ethics and politics. The exposition begins with an account of the relationship between law and community that draws upon the work of Finnis and G. W. F. Hegel. I then outline a phenomenological theory of ethical experience, drawing in particular on the writings of Sartre and Levinas. I employ this phenomenological account of ethics to develop a conception of moral reasoning as reflective, good faith engagement with pre-reflective social judgements of ethical significance. This view of ethical experience and moral reasoning is then used as the basis for an examination of the concept of law and its relationship to political discourse. I turn next to the notions of legal authority and obligation. I argue that law, in the focal sense of the term, presents a generic, peremptory obligation that is necessarily moral in character. In the course of the argument, I critically discuss the conceptions of legal authority proposed by Joseph Raz, Adolf Reinach, H. L. A. Hart, John Rawls, Finnis, Jacques Derrida and Hans Kelsen. This view of legal obligation entails there are fundamental moral conditions that positive rules must satisfy to qualify as law, in the focal sense. I explore the nature of the moral framework created by these conditions through a detailed analysis of the ethical foundations of political discourse. I argue that political discourse is founded upon an ontological apprehension of the nature of humans as free, ethical beings, which finds expression in a developed notion of political freedom. I suggest that the distinction between positive and negative forms of freedom advanced by Isaiah Berlin is best understood in terms of the different types of political claims invoked by those conceptions. I develop this theory by reference to the work of Charles Taylor, Gerald C. MacCallum, Wesley Newcomb Hohfeld, W. D. Ross, Robert Nozick and F. A. Hayek. I conclude by discussing the role of ethical experience in the interpretation of legal materials. I argue that ethical judgements play an irreducible role in constructing the natural interpretive context for judicial reasoning. I engage with the work of Hart, Lon L. Fuller, Martin Heidegger, Hans-Georg Gadamer, Ferdinand de Saussure and Ronald Dworkin, among others. In the final substantive chapter of the thesis, the potential for ethical judgements to play a constructive role in judicial action is illustrated through a detailed discussion of the doctrine of government neutrality. (shrink)

Externalists argue that motivation is external to moral judgments on the grounds that people can be unmoved by their moral judgments. I reply that people sometimes act indifferently to their moral considerations not because their moral judgments lack motivation but because their moral judgments are obstructed by rival desires. It appears that the moral motivation wanes while the moral judgments linger. In reality, however, the moral motivation is only made inconspicuous by the motivation of the opposing desires. A moral judgment (...) is subject to obstruction just like an emotive judgment and a gustatory judgment. (shrink)