This article considers the relationship between moral philosophy and constitutional theory through a detailed examination of the work of Jeremy Waldron—an unavoidable voice in contemporary constitutionalist debate. Through a rigorous, original and holistic deconstruction of his work and its philosophical implications, I argue that Waldron’s engagement with core philosophy within his constitutional scholarship is wholly problematic, containing a number of ambiguities and apparent inconsistencies. These issues, I suggest, may stem from an at times rather casual treatment of the realist/anti-realist issue (...) of core philosophy, perhaps owing something to his view that it is in fact safely irrelevant to his constitutional pursuits. In any case, this view, I argue, is misguided, and the problems which result are real: they not only create issues of theoretical consistency and clarity; they put Waldron’s constitutional theory in danger. Like all good tales, I suggest there are lessons to be learned from this: one must think, and think carefully, about the philosophical background of one’s work, and take care in setting this out in a clear, thorough and coherent way—the stakes are too high not to. With this in mind, this article also lays some groundwork for a path into constitutional theory firmly grounded in my own anti-realist moral scepticism. (shrink)

A term expresses a thick concept if it expresses a specific evaluative concept that is also substantially descriptive. It is a matter of debate how this rough account should be unpacked, but examples can help to convey the basic idea. Thick concepts are often illustrated with virtue concepts like courageous and generous, action concepts like murder and betray, epistemic concepts like dogmatic and wise, and aesthetic concepts like gaudy and brilliant. These concepts seem to be evaluative, unlike purely descriptive concepts (...) such as red and water. But they also seem different from general evaluative concepts. In particular, thick concepts are typically contrasted with thin concepts like good, wrong, permissible, and ought, which are general evaluative concepts that do not seem substantially descriptive. When Jane says that Max is good, she appears to be evaluating him without providing much description, if any. Thick concepts, on the other hand, are evaluative and substantially descriptive at the same time. For instance, when Max says that Jane is courageous, he seems to be doing two things: evaluating her positively and describing her as willing to face risk. Because of their descriptiveness, thick concepts are especially good candidates for evaluative concepts that pick out properties in the world. Thus they provide an avenue for thinking about ethical claims as being about the world in the same way as descriptive claims. -/- Thick concepts became a focal point in ethics during the second half of the twentieth century. At that time, discussions of thick concepts began to emerge in response to certain disagreements about thin concepts. For example, in twentieth-century ethics, consequentialists and deontologists hotly debated various accounts of good and right. It was also claimed by non-cognitivists and error-theorists that these thin concepts do not correspond to any properties in the world. Dissatisfaction with these viewpoints prompted many ethicists to consider the implications of thick concepts. The notion of a thick concept was thought to provide insight into meta-ethical questions such as whether there is a fact-value distinction, whether there are ethical truths, and, if there are such truths, whether these truths are objective. Some ethicists also theorized about the role that thick concepts can play in normative ethics, such as in virtue theory. By the beginning of the twenty-first century, the interest in thick concepts had spread to other philosophical disciplines such as epistemology, aesthetics, metaphysics, moral psychology, and the philosophy of law. -/- Nevertheless, the emerging interest in thick concepts has sparked debates over many questions: How exactly are thick concepts evaluative? How do they combine evaluation and description? How are thick concepts related to thin concepts? And do thick concepts have the sort of significance commonly attributed to them? This article surveys various attempts at answering these questions. (shrink)

The idea of moral progress is a necessary presupposition of action for beings like us. We must believe that moral progress is possible and that it might have been realized in human experience, if we are to be confident that continued human action can have any morally constructive point. I discuss the implications of this truth for moral psychology. I also show that once we understand the complex nature and the complicated social sources of moral progress, we will appreciate why (...) we cannot construct a plausible comprehensive action-guiding theory of moral progress. Yet while the nature and sources of moral progress consistently thwart many theoretical hopes, the idea of moral progress is a plausible, critically important and morally constructive principle of historical interpretation. (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)

Assuming that there is moral progress, and assuming that the abolition of slavery is an example of it, how does moral progress occur? Is it mainly driven by specific individuals who have gained new moral insights, or by changes in the socio‐economic and epistemic conditions in which agents morally judge the norms and practices of their society, and act upon these judgements? In this paper, I argue that moral progress is a complex process in which changes at the level of (...) belief and changes at the level of institutions and social practices are deeply intertwined, and that changes in the socio‐economic and epistemic conditions of moral agency constitute the main motor of moral progress. I develop my view of moral progress by way of grappling with Michelle Moody‐Adams’ prominent philosophical account of it. My view is less intellectualistic and individualistic than hers, does not presuppose meta‐ethical moral realism, and blurs her distinction between moral progress in beliefs and moral progress in social practices. I point out the limits of humans to progress morally, which are partly grounded in our evolutionary history, and argue that moral progress is always of a ‘local’ nature. (shrink)

At first glance, one of the most obvious places to look for moral progress is in individuals, in particular in moral development from childhood to adulthood. In fact, that moral progress is possible is a foundational assumption of moral education. Beyond the general agreement that moral progress is not only possible but even a common feature of human development things become blurry, however. For what do we mean by ‘progress’? And what constitutes moral progress? Does the idea of individual moral (...) progress presuppose a predetermined end or goal of moral education and development, or not? In this article we analyze the concept of moral progress to shed light on the psychology of moral development and vice versa; these analyses are found to be mutually supportive. We suggest that: moral progress should be conceived of as development that is evaluated positively on the basis of relatively stable moral criteria that are the fruit and the subject of an ongoing conversation; moral progress does not imply the idea of an end-state; individual moral progress is best conceived of as the development of various components of moral functioning and their robust integration in a person’s identity; both children and adults can progress morally - even though we would probably not speak in terms of progress in the case of children - but adults’ moral progress is both more hard-won and to a greater extent a personal project rather than a collective effort. (shrink)

In this paper I argue that any adequate evolutionary ethical theory needs to account for moral belief as well as for dispositions to behave altruistically. It also needs to be clear whether it is offering us an account of the motivating reasons behind human behaviour or whether it is giving justifying reasons for a particular set of behaviours or, if both, to distinguish them clearly. I also argue that, unless there are some objective moral truths, the evolutionary ethicist cannot offer (...) justifying reasons for a set of behaviours. I use these points to refute Waller's claims that the illusion of objectivity plays a dispensable role in Ruse's theory, that my critique of Ruse's Darwinian metaethics is built on a false dilemma, that there is nothing to be distressed about if morality is not objective, and that ethical beliefs are subject to a kind of causal explanation that undermines their objectivity in a way that scientific beliefs are not. (shrink)

The constitutionalist debate - over where decision-making power in society should lie, and how it should be exercised - is one which is of fundamental importance not only in academia and constitutional theory, but in society generally. The main aim of this thesis is to critically examine the current debate from a particular, sceptical philosophical perspective - one which questions the possibility of convincingly defending moral premises. This controversial perspective, which goes to the heart of debates over moral realism, objectivity, (...) and epistemology is set out and defended in detail, drawing on the work of the sceptical and strongly anti-foundationalist legal theorist, Arthur Leff, and the pragmatic philosophy of Richard Rorty. Some implications of this perspective for the constitutionalist debate and key approaches within it are then considered in the rest of the thesis . This examination includes instrumentalist arguments and "democratic" arguments often relied on by various sides in the debate. It is argued that, when taken to their underlying premises and assumptions, each approach is misguided from the perspective defended here and, therefore, that the current constitutionalist debate is unsatisfactory. Some suggestions of the way forward following this argument are then made. (shrink)