Hume’s Law that one cannot derive an “ought” from an “is” has often been deemed to bear a significance that extends far beyond logic. Repeatedly, it has been invoked as posing a serious threat to views about normativity: naturalism in metaethics and positivism in jurisprudence. Yet in recent years, a puzzling asymmetry has emerged: while the view that Hume’s Law threatens naturalism has largely been abandoned (due mostly to Pigden’s work, see e.g. Pigden 1989), the thought that Hume’s Law is (...) a serious challenge to positivism has only grown in prominence. Our main aim is to establish that Hume’s Law is not a threat to positivism or naturalism. First, we connect extensive, but unfortunately siloed, discussions of this issue. Second, we show that Hume’s Law is not a serious threat to naturalism or positivism, for the gap between logic and such theses is very hard to bridge in a way that would make Hume’s Law able to bear this significance. Finally, we emphasize an implication of our discussion: it undermines one of the main “dialectical tributaries” in jurisprudence (Toh 2018). (shrink)

In this essay we provide (1) an argument for why ethics should be naturalized, (2) an analysis of why it is not yet naturalized, (3) a defense of ethical naturalism against two fallacies—Hume’s and Moore’s—that ethical naturalism allegedly commits, and (4) a proposal that normative ethics is best conceived as part of human ecology committed to pluralistic relativism. We explain why naturalizing ethics both entails relativism and also constrains it, and why nihilism about value is not an especially worrisome for (...) ethical naturalists. The substantive view we put forth constitutes the essence of Duke Naturalism. (NOTE: This is a slightly modified reprint of Flangan et al 2007 of the same title.). (shrink)

Divine command theories of metaethics are commonly rejected on the basis of the Euthyphro problem. In this paper, I argue that the Euthyphro can be raised for all forms of moral realism. I go on to argue that this does not matter as the Euthyphro is not really a problem after all. I then briefly outline some of the attractions of a divine command theory of metaethics. I suggest that given one of the major reasons for rejecting such an analysis (...) has been found to be unsound divine command theories deserve to be taken more seriously in contemporary metaethics. (shrink)

Metaethics is traditionally understood as a non-moral discipline that examines moral judgements from a standpoint outside of ethics. This orthodox understanding has recently come under pressure from anti-Archimedeans, such as Ronald Dworkin and Matthew Kramer, who proclaim that rather than assessing morality from an external perspective, metaethical theses are themselves substantive moral claims. In this paper, I scrutinise this anti-Archimedean challenge as applied to the metaethical position of expressivism. More precisely, I examine the claim that expressivists do not avoid moral (...) commitments when accounting for moral thought, but instead presuppose them; they do not look at ethics from the outside, but operate from within ethics. This paper defends the non-moral status of expressivism against anti-Archimedeanism by rejecting a new anti-Archimedean challenge which, on the basis of Hume’s Law, aims to exploit expressivist explanations of supervenience in order to show that expressivism is a substantive moral position. (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)

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.'.

The purpose of this paper is to examine the relationship between naturalism and morality and to assess their compatibility. Naturalism is defined as respect for science, for its methods and results. From this respect for science, one can infer two distinct philosophical naturalisms: the methodological and the metaphysical. The relationship between these forms of naturalism and morality depends on the correct conception of morality. This paper differentiates between objectively realistic conception and all other conceptions and argues that while other conceptions (...) can easily fit morality into a naturalistic worldview, objectively realistic conception faces theoretical challenges, including the challenge of explaining how moral facts and concepts play an explanatory role and the challenge of bridging the is/ought gap. The paper focuses on Railton's ethical naturalism as a prominent naturalistic theory of morality and evaluates its ability to overcome these challenges. The conclusion is that, so long as we consider a theory like Railton's, naturalism and realistically conceived morality are incompatible. (shrink)

This article enquiries whether normative bioethics can be a science. The article aims to address the conditions of possibility for bioethics to be considered a science, without directly answering the question. The article focuses on two conditions that we typically associate with our common concept of science: truth and knowledge, on the one hand, and naturalization, on the other. Bioethics should be able to provide moral truths and therefore moral knowledge so that we could consider it as a science. On (...) the other hand, the normative character of bioethics raises the question of whether it is possible to naturalize it and make it compatible with a scientific perspective. The article argues that, for normative bioethics to be considered a science, a cognitive and naturalistic stance should be taken on ethics. (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)

The main aim of this thesis is to defend moral realism. In chapter 1, I argue that moral realism is best understood as the view that moral sentences have truth-value, there are moral properties that make some moral sentences true, and moral properties are not reducible to non- moral properties. Realism is contrasted with non-cognitivism, error-theory and reductionism, which, in brief, deny, and, respectively. In the introductory chapter, it is also argued that there are some prima facie reasons to assume (...) that non-cognitivism and error-theory are erroneous. In chapters 2 and 3, I suggest that the two main forms of reductionism, analytic and synthetic reductionism, are mistaken. In chapter 4, I argue that the considerations in the previous chapters in relation to non-cognitivism, error-theory and reductionism provide support to moral realism. It is also suggested that these considerations make it plausible to hypothesise that moral properties depend on non- moral properties in a way I refer to as ‘the realist formula’. The realist formula confirms moral realism since it implies that moral properties are not reducible to non- moral properties. In chapters 5, 6 and 7, I argue that moral realism, much owing to the realist formula, is able to explain significant meta-ethical issues regarding moral disagreement, moral reason and moral motivation. Among other things, externalism concerning moral motivation is defended. The explanatory value of moral realism in relation to these meta-ethical issues is taken to suggest that this view is preferable to non-cognitivism, error-theory and reductionism. Some of the meta-ethical issues discussed in these chapters, particularly moral disagreement and motivation, have been thought to provide support to non-cognitivism and error-theory. I maintain that since realism, unlike reductionism, is able to counter these arguments, it justifies us in upholding the view that moral sentences have truth-value and the view that there are moral properties. In chapter 8, various objections against realism with regard to the dependence of moral properties on non- moral properties are responded to. In chapter 9, I consider an influential argument to the effect that moral properties are not involved in causal explanations. I maintain that this argument fails and that it therefore is reasonable to assume that moral properties are natural properties. However, the discussions in chapters 8 and 9 also suggest that moral realism might face problems that cannot be thoroughly discussed in this thesis. (shrink)

This paper critically examines a formal argument against deducing ‘ought’-judgments from ‘is’-judgments, an argument suggested by a literal reading of a famous passage in Hume'sTreatise of Human Nature. According to this argument, judgments of the two kinds have different logical structures (i.e., their subjects are differently related to their predicates) and this difference disallows cross-categorical deductive inferences. I draw on Fregean accounts of the ‘is’- copula and on syntactical interpretations of ‘ought’-judgments that have become standard in deontic logic to argue (...) that twentieth century work in philosophical grammar and logic casts doubt on all three of the argument's premises. (shrink)

If the divine will is not subject to any principle, and God controls all truths including moral truths, morality will be arbitrary at the deepest level. It will not be possible to offer any explanation of why God has willed certain actions rather than their contraries. Throughout the history of philosophical debate there have been many attempts to support the dependence of moral truths on God's command (or divine command theory) and at the same time to avoid this charge of (...) arbitrariness. In the West, one such an attempt has been made by Thomas V. Morris and Christopher Menzel (, hereafter M&M), who refer to their position as theistic activism. In this paper I will discuss their view and argue that: 1) their position does not satisfy the requirements of divine freedom, and that 2) to regard moral truths as necessary and unalterable is not adequate. (shrink)

Na primeira parte, argumento que o descritivismo proposto por Moritz Schlick não compreende adequadamente a função dos juízos morais. Na segunda parte, argumento que o emotivismo não apresenta uma explicação adequada para o papel da razão na ética. Na terceira parte, argumento que o prescritivismo universal proposto por R. M. Hare avança na solução dos problemas do emotivismo, porque amplia o papel da razão na ética, e na solução dos problemas do descritivismo, porque compreende a função dos juízos morais na (...) linguagem ordinária. The first part of this article argues that descriptivism as proposed by Moritz Schlick does not correctly understand the function of moral judgements. The second part argues that emotivism does not provide an adequate explanation of the role of reason in ethics. Finally, the article shows how the universal prescriptivism proposed by R. M. Hare furthers the solution of the problems of emotivism, since it extends the role of reason in ethics and in the resolution of the problems of descriptivism, given that it understands the function of moral judgements in ordinary language. (shrink)

The thesis aims at analyzing the concepts of risk and safety as well as the class of concepts to which they belong, thick concepts, focusing in particular on the normative aspects involved. Essay I analyzes thick concepts, i.e. concepts such as cruelty and kindness that seem to combine descriptive and evaluative features. The traditional account, in which thick concepts are analyzed as the conjunction of a factual description and an evaluation, is criticized. Instead, it is argued that the descriptive and (...) evaluative aspects must be understood as a whole. Furthermore, it is argued that the two main worries evoked against non-naturalism – that non-naturalism cannot account for disagreement and that it is not genuinely explanatory – can be met. Essay II investigates the utilization of the Kripke/Putnam causal theory of reference in relation to the Open Question Argument. It is argued that the Open Question Argument suitably interpreted provides prima facie evidence against the claim that moral kinds are natural kinds, and that the causal theory, as interpreted by leading naturalist defenders, actually underscores this conclusion. Essay III utilizes the interpretation of the Open Question Argument argued for in the previous essay in order to argue against naturalistic reduction of risk, i.e. reduction of risk into natural concepts such as probability and harm. Three different normative aspects of risk and safety are put forward – epistemic uncertainty, distributive normativity and border normativity – and it is argued that these normative aspects cannot be reduced to a natural measure. Essay IV provides a conceptual analysis of safety in the context of societal decision-making, and argues for a notion that explicitly includes epistemic uncertainty, the degree to which we are uncertain of our knowledge of the situation at hand. Some formal versions of a comparative safety concept are also proposed. Essay V puts forward a normative critique against a common argument, viz. the claim that the public should follow the experts’ advice in recommending an activity whenever the experts have the best knowledge of the risk involved. The importance of safety in risk acceptance together with considerations from epistemic uncertainty makes the claim incorrect even after including plausible limitations to exclude ‘external’ considerations. Furthermore, it is shown that the scope of the objection covers risk assessment as well as risk management. Essay VI provides a systematized account of safety engineering practices that clarifies their relation to the goal of safety engineering, namely to increase safety. A list of 24 principles referred to in the literature of safety engineering is provided, divided into four major categories. It is argued that important aspects of these methods can be better understood with the help of the distinction between risk and uncertainty, in addition to the common distinction between risk and probability. (shrink)

This article examines an allegedly Humean solution provided by J. Baird Callicott to the problem of the is/ought dichotomy. It also examines an allegedly Humean argument provided by him for the land ethic's summary moral precept. It concludes that neither the solution nor the argument is Humean or cogent.

Moore's Open Question Argument has been heavily debated ever since it was presented over 100 years ago. In the current paper, it is argued that for the realist, and contrary to the received view by many theorists in the debate, the argument in fact lends strong support for non-naturalism. In particular, David Brink's naturalist defense utilizing direct reference theory is scrutinized. It is argued that an application of direct reference to moral kinds, rather than defusing the Open Question Argument, actually (...) underscores the non-naturalist conclusion. The naturalist argument depends heavily on the analogue between natural kinds and moral kinds. It is argued that the Open Question Argument provides prima facie evidence against the idea that moral kinds are natural kinds, and that the naturalist arguments do not overturn this evidence. Moreover, it is argued that similar reasons to those which render direct reference unviable for moral terms also meet two further potential objections against the Open Question Argument, and it is concluded that the argument carries considerable force against the moral naturalist. (shrink)

Moore's Open Question Arguments are among the most influential arguments in 20th Century metaethical thought. But, surprisingly, there is a fair amount of confusion concerning what the Open Question Arguments actually are, how the Moorean passages should be interpreted, and what they are intended to show. Thus, the early chapters are devoted to clarificatory matters, including the exposing of a variety of contemporary attacks upon Moore's arguments as misguided by indicating where they rest upon faulty interpretations of Moorean passages. Providing (...) what I take to be accurate formulations of Moore's famous arguments, responding to historically important preliminary objections, and, finally, presenting various shortcomings of these arguments constitute the remaining themes of the early chapters. ;Next, I pursue an explanation of what I call the 'Open Question phenomenon': the inclination that many have to endorse Moore's "open question" premises. I survey a variety of popular noncognitivist explanations, arguing that each of them is unsatisfactory. I then present a novel semantic explanation of the phenomenon and use it to construct an augmented Moorean Open Question Argument, one capable of overcoming the shortcomings of Moore's originals. ;The latter chapters are dedicated to an investigation of Moore's preferred normative theory---a version of objective consequentialism. I argue that the standard semantic account of subjunctive conditionals fails to capture the nature of certain subjunctive conditionals relevant to the normative evaluation of alternatives from an objective consequentialist perspective. I then present a modified version of the standard account in an effort to remedy the problem. ;Next, I present a novel objection against all extant versions of objective consequentialism. I then introduce and utilize the concept of an "objective" subjunctive probability in the transformation of a subjective version of consequentialism into an objective version, one capable of dealing with the difficulties posed by the objection. ;I conclude the dissertation with a final chapter in which I defend possibilist versions of consequentialism from a contemporary objection. In doing so, I elucidate a theoretical advantage that possibilist theories have over their subjunctive counterparts. (shrink)