Haji argues that determinism threatens deontic morality, not via a threat to moral responsibility, but directly, because of the principle that ‘ought’ implies ‘can’. Haji’s argument requires not only that we embrace an ‘ought’ implies ‘can’ principle, but also that we adopt the principle that ‘ought’ implies ‘able not to’. I argue that we have little reason to adopt the latter principle, and examine whether deontic morality might be destroyed on the basis of the more commonly embraced ‘ought’ implies ‘can’ (...) principle alone. I argue that despite what look like initially compelling reasons why we might suppose that this weaker conclusion is similarly destructive to deontic morality, we actually have good reason to doubt that it has any practical relevance for moral deliberation at all. (shrink)

This chapter distinguishes between several senses of “normativity”. For example, that we ought to abstain from causing unnecessary suffering is a normative, not descriptive, claim. And so is the claim that we have good reason, and ought to drive on the right, or left, side of the road because the law requires us to do that. Reasons and oughts are normative, by definition. Indeed, it may be that “[t]he normativity of all that is normative consists in the way it is, (...) or provides, or is otherwise related to reasons” (Raz 1999, 67) . That is what the “reasons-first” view holds, but there are also other views, and what is by definition a normative statement, or a normative fact if you like, depends on how we define normativity. -/- It may seem that requirements are also by definition normative. But it seems that there can also be requirements that one has no reason to meet: it is less clear whether such requirements are normative in the same sense that reasons and oughts are normative. This paper will go through various further phenomena, which are candidates for being normative in some other sense than normative reasons and oughts, defending however the view that not all of them are. But arguably four or so different senses of normativity can be distinguished. -/- The paper will accept the view that the normativity of reasons and oughts, which is here called normativity1, is central. It is an open question whether all requirements or expectations or socially constructed norms are normative in that sense. Arguably it depends on the contents and content-independent authority of the legislators, whether we have good reasons, or ought, to meet the requirements, obey the law, or to follow the etiquette, or to conform to others’ interpersonal expectations, requests, demands or prescriptions. Whether and when we do have such reasons is a difficult and important substantive question, which concerns the normativity1 of requirements of law. -/- In another sense, norms (intended to guide behavior) are trivially or by definition normative, and constitute normativity: some forms of behavior are ruled as acceptable (e.g. driving on the right) and others as unacceptable (e.g. driving on the left) in light of the norm. Even in the case of a bad norm (that we have no reason to follow, and which ought to be changed, and ought not prevail) classifies behaviours as acceptable or unacceptable in light of the norm. Surely norms are by definition normative? Call this conformity to social norms and actual expectations normativity2. It is not an open question whether social norms are normative in that sense – they are by definition normative2. But importantly, it is an open question whether one has good reasons, or sufficient reason, or ought, to follow any social norm – that is, whether the norm in question is normative1. -/- The first section of the article characterizes further the difference between these two senses of normativity, and additionally introduces various other candidate senses of “normativity”. These possible senses of “normativity” may be at stake in the debates about normative requirements of rationality , about so called ought-to-be -rules , about normativity of linguistic meaning , about “directions of fit” of beliefs and desires , about subjective authority of intentions and decisions and interpersonal authority or co-authority of concrete others. -/- In later sections these cases are discussed. Do they constitute separate senses of normativity? And are the later phenomena such that they give agents good reasons: do they include normativity1 – the core sense? A “normative power -model” is suggested as a framework for examining whether actual social norms, laws, expectations provide good reasons and oughts or not. Once we understand the relation between the first two senses of normativity, do the later phenomena follow the same pattern – is the “normative powers – model” relevant for them as well? (shrink)

A type of transcendental argument for libertarian free will maintains that if acting freely requires the availability of alternative possibilities, and determinism holds, then one is not justified in asserting that there is no free will. More precisely: if an agent A is to be justified in asserting a proposition P (e.g. "there is no free will"), then A must also be able to assert not-P. Thus, if A is unable to assert not-P, due to determinism, then A is not (...) justified in asserting P. While such arguments often appeal to principles with wide appeal, such as the principle that ‘ought’ implies ‘can’, they also require a commitment to principles that seem far less compelling, e.g. the principle that ‘ought’ implies ‘able not to’ or the principle that having an obligation entails being responsible. It is argued here that these further principles are dubious, and that it will be difficult to construct a valid transcendental argument without them. (shrink)

According to one picture of the mind, decisions and actions are largely the result of automatic cognitive processing beyond our ability to control. This picture is in tension with a foundational principle in ethics that moral responsibility for behavior requires the ability to control it. The discovery of implicit attitudes contributes to this tension. According to the ability argument against moral responsibility, if we cannot control implicit attitudes, and implicit attitudes cause behavior, then we cannot be morally responsible for that (...) behavior. The purpose of this paper is to refute the ability argument. Drawing on both scientific evidence in cognitive science and philosophical arguments in ethics and action theory, I argue that it is invalid and unsound because current evidence is insufficient to establish the premises that implicit attitudes are uncontrollable, that they significantly cause behavior, that responsibility always requires ability, and that even if uncontrollable attitudes did fully cause behavior, this entails that the behavior they cause is uncontrollable. The rejection of the ability argument questions the priority of the unconscious over the conscious mind in cognitive science, deprioritizes ability in theories of moral responsibility in ethics, and provides a strong reason to uphold moral responsibility for implicitly biased behavior. (shrink)

Many have argued we have a moral obligation to assist others in need, but given the scope of global suffering, how far does this obligation extend? According to one traditional philosophical view, the obligation to help others is limited by our ability to help them, or by the principle that “ought implies can”. This view is primarily defended on the grounds that it is a core principle of commonsense moral psychology. This paper reviews findings from experimental philosophy in cognitive science (...) demonstrating that “ought implies can” is rejected by moral psychology. Researchers find that moral obligations are ascribed to agents who cannot fulfill them, suggesting that moral requirements do sometimes extend beyond what we are able to do. This research furthers our understanding of moral obligation, identifies an important need for further cross-cultural work in moral psychology, and demonstrates a way in which scientific experimentation can be applied to improve upon the conceptual analysis of important philosophical concepts in normative ethics. (shrink)

Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...) descriptivist, “rule-relational” semantics combined with a pragmatic account of the expressive and practical functions of legal discourse. We argue that this approach is at least as well-equipped as expressivism to explain the motivational and prescriptive features of “internal” legal statements, as well as a fundamental kind of legal disagreement, while being better positioned to account for various “external” uses of the same language. We develop this theory in a Hartian framework, and in the final part of the paper argue (particularly against Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along such quasi-expressivist lines. (shrink)

Some philosophers argue that friendship can normatively require us to have certain beliefs about our friends that epistemic norms would prohibit. On this view, we ought to exhibit some degree of doxastic partiality toward our friends, by having certain generally favorable beliefs and doxastic dispositions that concern our friends that we would not have concerning relevantly similar non-friends. Can friendship genuinely make these normative demands on our beliefs, in ways that would conflict with what we epistemically ought to believe? On (...) a widely influential evidentialist approach to thinking about epistemic norms, friendship cannot normatively require things of our beliefs, because friendship cannot generate reasons for belief. And this is due, in part, to the alleged fact that we are incapable of forming beliefs directly in response to, or on the basis of, non-epistemic reasons. In this paper, I argue that this evidentialist response to alleged cases of conflict between friendship and epistemic norms fails. Instead, I argue that friendship cannot generate reasons for belief due to an underappreciated feature of friendship: that being a good friend constitutively involves forming attitudes about one’s friends that are appropriately responsive to the features that one’s friends have that appear to warrant those attitudes. I argue that this feature of friendship helps explain why friendship cannot give us reasons to have beliefs that are doxastically partial. (shrink)

Moderate scientism is the view that empirical science can help answer questions in nonscientific disciplines. In this paper, we evaluate moderate scientism in philosophy. We review several ways that science has contributed to research in epistemology, action theory, ethics, philosophy of language, and philosophy of mind. We also review several ways that science has contributed to our understanding of how philosophers make judgments and decisions. Based on this research, we conclude that the case for moderate philosophical scientism is strong: scientific (...) practice has promoted significant progress in philosophy and its further development should be welcomed and encouraged. (shrink)

It is often thought that judgments about what we ought to do are limited by judgments about what we can do, or that “ought implies can.” We conducted eight experiments to test the link between a range of moral requirements and abilities in ordinary moral evaluations. Moral obligations were repeatedly attributed in tandem with inability, regardless of the type (Experiments 1–3), temporal duration (Experiment 5), or scope (Experiment 6) of inability. This pattern was consistently observed using a variety of moral (...) vocabulary to probe moral judgments and was insensitive to different levels of seriousness for the consequences of inaction (Experiment 4). Judgments about moral obligation were no different for individuals who can or cannot perform physical actions, and these judgments differed from evaluations of a non-moral obligation (Experiment 7). Together these results demonstrate that commonsense morality rejects the “ought implies can” principle for moral requirements, and that judgments about moral obligation are made independently of considerations about ability. By contrast, judgments of blame were highly sensitive to considerations about ability (Experiment 8), which suggests that commonsense morality might accept a “blame implies can” principle. (shrink)

Establishing that nature has intrinsic value has been the primary goal of environmental philosophers. This goal has generated tremendous confusion. Part of the confusion stems from a conflation of two quite distinct concerns. The first concern is with establishing the moral considerability of the natural world which is captured by what I call "intrinsic value p ." The second concern attempts to address a perceived problem with the way nature has traditionally been valued, or as many environmentalists would suggest, undervalued, (...) what I call "intrinsic value v ." In this paper I argue against further development of both types of theories of the intrinsic value of nature. There are, I believe, intermediate valuations that have been almost entirely overlooked in discussions of value. Much of the confusion currently plaguing environmental ethics can be avoided by abandoning intrinsic value and refocusing environmental ethics. (shrink)

In this paper, we investigate the ‘ought implies can’ thesis, focusing on explanations and interpretations of OIC, with a view to clarifying its uses and relevance to legal philosophy. We first review various issues concerning the semantics and pragmatics of OIC; then we consider how OIC may be incorporated in Hartian and Kelsenian theories of the law. Along the way we also propose a taxonomy of OIC-related claims.

The Aristotelian Society’s Virtual Issue is a free, online publication, made publically available on the Aristotelian Society website. Each volume is theme-based, collecting together papers from the archives of the Proceedings of the Aristotelian Society and the Proceedings of the Aristotelian Society Supplementary Volume that address the chosen theme. This year's Virtual Issue includes a selection of papers from across the Society’s fourteen decades, each accompanied by a specially commissioned present-day response. The aim of the volume is to aid reflection (...) on how to go about doing moral and political philosophy, by bringing together papers that bear on their epistemology and methodology. In some cases this involves pieces whose declared focus is on one of those areas, as is the case with Margaret MacDonald’s 1941 essay ‘The Language of Political Theory’ and Mary Midgley’s 1974 article ‘The Neutrality of the Moral Philosopher’. In other cases the editor, Ben Colburn, selected papers whose primary focus is elsewhere, but which include some interesting epistemological or methodological reflections or implications along the way. The contributions from our present-day commentators vary similarly in how far their explicit attention is methodological. Nevertheless, there is throughout a concern on how to ‘be an honest reasoner’, to borrow a phrase from the late Dudley Knowles. (shrink)

A standard principle in ethics is that moral obligation entails ability, or that “ought implies can”. A strong case has been made that this principle is not well motivated in moral psychology. This paper presents an analogous case against the theoretical motivation for the principle. The principle is in tension with several foundational areas of ethical theorizing, including research on apologies, excuses, promises, moral dilemmas, moral language, disability, and moral agency. Across each of these areas, accepting the principle that obligation (...) entails ability creates a theoretical problem that is more easily solved by rejecting it rather than accepting it. I conclude that the motivation for the principle is weak and that “ought implies can” should be rejected in ethics on theoretical grounds. (shrink)

Philosophers have traditionally described themselves as “intuitive scientists”: people seeking the most justified theories about distinctive aspects of the world. Relying on insights from philosophers as Samuel Taylor Coleridge and Williams James, I argue that philosophers should be described instead as “intuitive lawyers” who defend a point of view largely by appealing to non-cognitive reasons.