The autonomy thesis is the claim that one cannot get a normative statement from purely descriptive statements. But despite its intuitive appeal a precise formulation of the thesis has remained elusive. In a recent paper, Maguire makes the promising suggestion that the thesis should be understood in terms of ground. But Maguire’s formulation, I argue, is based on controversial taxonomic assumptions that make the autonomy thesis into a non-substantive claim. I develop an alternative ground-based formulation of the autonomy thesis that (...) appeals to the notion of normative relevance, which is in turn understood using the tools of truthmaker semantics. This formulation of the autonomy thesis avoids well-known counterexamples to other formulations and has significant advantages over Maguire’s formulation. (shrink)

[First published 09/2016; substantive revision 02/2021.] Evaluative terms and concepts are often divided into “thin” and “thick”. We don’t evaluate actions and persons merely as good or bad, or right or wrong, but also as kind, courageous, tactful, selfish, boorish, and cruel. The latter evaluative concepts are "descriptively thick": their application somehow involves both evaluation and a substantial amount of non-evaluative description. This article surveys various attempts to answer four fundamental questions about thick terms and concepts. (1) A “combination question”: (...) how exactly do thick terms and concepts relate evaluation and non-evaluative description? (2) A “location question”: is evaluation somehow inherent to thick terms and concepts, such as perhaps an aspect of their meaning, or merely a feature of their use? (3) A “delineation question”: how do thick terms differ from the thin and from other kinds of evaluative terms? (4) Given answers to these questions, what broader philosophical significance and applications might thick concepts have? (shrink)

I defend the following version of the ought-implies-can principle: (OIC) by virtue of conceptual necessity, an agent at a given time has an (objective, pro tanto) obligation to do only what the agent at that time has the ability and opportunity to do. In short, obligations correspond to ability plus opportunity. My argument has three premises: (1) obligations correspond to reasons for action; (2) reasons for action correspond to potential actions; (3) potential actions correspond to ability plus opportunity. In the (...) bulk of the paper I address six objections to OIC: three objections based on putative counterexamples, and three objections based on arguments to the effect that OIC conflicts with the is/ought thesis, the possibility of hard determinism, and the denial of the Principle of Alternate Possibilities. (shrink)

This paper proves a precisification of Hume’s Law—the thesis that one cannot get an ought from an is—as an instance of a more general theorem which establishes several other philosophically interesting, though less controversial, barriers to logical consequence.

A.N. Prior once showed that on certain apparently reasonable assumptions, a thesis sometimes associated with the name of Hume to the effect that no set of factual statements can ever entail an evaluative statement, is quite untenable. We assume only that there is at least one statement of each kind, and that the negation of a factual statement is factual — a principle we may call ‘N'. Now consider the disjunction F V E of some factual with some evaluative statement. (...) Since the disjunction is entailed by F, a factual statement, it must, if principle H is correct, be classified as factual. But by N, ∽ F is also factual, and this together with F V E entails E, thus violating H since E was exhypothesi an evaluative statement. (shrink)

A.N. Prior once showed that on certain apparently reasonable assumptions, a thesis sometimes associated with the name of Hume to the effect that no set of factual statements can ever entail an evaluative statement, is quite untenable. We assume only that there is at least one statement of each kind, and that the negation of a factual statement is factual — a principle we may call ‘N'. Now consider the disjunction F V E of some factual with some evaluative statement. (...) Since the disjunction is entailed by F, a factual statement, it must, if principle H is correct, be classified as factual. But by N, ∽ F is also factual, and this together with F V E entails E, thus violating H since E was exhypothesi an evaluative statement. (shrink)

The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...) dismiss them as false of law or not of the essence of law. Thus the legal theorist must give an account of the truth grounds of the more central evaluative truisms about law. This account is a theory of legitimacy. It will contain framing judgments that state logical relations between descriptive judgments and directly evaluative judgments. Framing judgments are not directly evaluative, nor do they entail directly evaluative judgments, but they are nonetheless moral judgments. Therefore, an adequate theory of law must make (some) moral judgments. This means that an adequate theory of law has to take a stand on certain (but not all) contested issues in political philosophy. Legal theory is thus a branch of political philosophy. Moreover, one cannot be a moral-aim functionalist about legal institutions without compromising one's positivism about legal norms. (shrink)