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Normativity in Language and Law

In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press. pp. 287-313 (2019)

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  1. Theories of vagueness and theories of law.Alex Silk - 2019 - Legal Theory 25 (2):132-152.
    It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule of (...)
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  • How to embed an epistemic modal: Attitude problems and other defects of character.Alex Silk - 2017 - Philosophical Studies 174 (7):1773-1799.
    This paper develops a contextualist account of certain recalcitrant embedding phenomena with epistemic modals. I focus on three prominent objections to contextualism from embedding: first, that contextualism mischaracterizes subjects’ states of mind; second, that contextualism fails to predict how epistemic modals are obligatorily linked to the subject in attitude ascriptions; and third, that contextualism fails to explain the persisting anomalousness of so-called “epistemic contradictions” in suppositional contexts. Contextualists have inadequately appreciated the force of these objections. Drawing on a more general (...)
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  • Disagreement Lost and Found.Stephen Finlay - 2017 - In Russ Shafer-Landau (ed.), Oxford Studies in Metaethics 12. Oxford University Press. pp. 187-205.
    According to content-relativist theories of moral language, different speakers use the same moral sentences to say different things. Content-relativism faces a well-known problem of lost disagreement. Recently, numerous content-relativists (including the author) have proposed to solve this problem by appeal to various kinds of non-content-based, or broadly pragmatic, disagreement. This presents content-relativists with a new problem—of found agreement. Which (if any) of these newly identified kinds of conflict is correctly identified as the lost moral disagreement we were looking for? This (...)
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  • Robust Normativity, Morality, and Legal Positivism.David Plunkett - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press. pp. 105-136.
    This chapter discusses two different issues about the relationship between legal positivism and robust normativity (understood as the most authoritative kind of normativity to which we appeal). First, the chapter argues that, in many contexts when discussing “legal positivism” and “legal antipositivism”, the discussion should be shifted from whether legal facts are ultimately partly grounded in moral facts to whether they are ultimately partly grounded in robustly normative facts. Second, the chapter explores an important difference within the kinds of arguments (...)
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  • (1 other version)Hybrid Dispositionalism and the Law.Teresa Marques - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
    Dworkin’s famous argument from legal disagreements poses a problem for legal positivism by undermining the idea that the law can be (just) the result of the practice and attitudes of norm-applying officials. In recent work, the chapter author argued that a hybrid contextualist theory paired with a dispositional theory of value—a hybrid dispositionalism, for short—offers the resources to respond to similar disagreement- based arguments in other evaluative and normative domains. This chapter claims that the theory the author advocates can extend (...)
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