The thesis that law necessarily claims authority is popular amongst legal philosophers. Some distinguished legal philosophers, including the late John Gardner, Joseph Raz and Scott Shapiro, have suggested that support for this thesis is found in legal officials’ use of deontic language. This article begins by considering the merits of this suggestion. I discuss two unpromising arguments for the claim thesis based on the use of deontic language in law. I then suggest that a more plausible basis for the claim (...) thesis lies in the felicity conditions of the speech acts that legal officials perform. In the absence of an explicit claim to authority, legal officials make a presupposition to authority over their subjects. The presupposition arises from interaction between the felicity conditions of legal speech acts and basic norms of cooperative communication. I consider some implications of this conclusion for our understanding of legal authority. (shrink)

Reasons-based accounts of our normative conclusions face difficulties in distinguishing between what ought to be done and what is required. This article addresses this problem from a formal perspective. I introduce a rudimentary formalization of a reasons-based account and demonstrate that that the model faces difficulties in accounting for the distinction between oughts and requirements. I briefly critique attempts to distinguish between oughts and requirements by appealing to a difference in strength or weight of reasons. I then present a formalized (...) reasons-based account of permissions, oughts and requirements. The model exploits Joshua Gert (2004; 2007) and Patricia Greenspan’s (2005; 2007; 2010) suggestion that some reasons perform a purely justificatory function. I show that the model preserves the standard entailment relationships between requirements, oughts and permissions. (shrink)

Recent work has argued that belief is weak: the level of rational credence required for belief is relatively low. That literature has contrasted belief with assertion, arguing that the latter requires an epistemic state much stronger than (weak) belief---perhaps knowledge or even certainty. We argue that this is wrong: assertion is just as weak as belief. We first present a variety of new arguments for this, and then show that the standard arguments for stronger norms are not convincing. Finally, we (...) sketch an alternative picture on which the fundamental norm of assertion is to say what you believe, but both belief and assertion are weak. To help make sense of this, we propose that both belief and assertion involve navigating a tradeoff between accuracy and informativity, and so it can makes sense to believe/say something you only have weak evidence for, if it is informative enough. (shrink)

I discuss what I call practical Moore sentences: sentences like ‘You must close your door, but I don’t know whether you will’, which combine an order together with an avowal of agnosticism about whether the order will be obeyed. I show that practical Moore sentences are generally infelicitous. But this infelicity is surprising: it seems like there should be nothing wrong with giving someone an order while acknowledging that you do not know whether it will obeyed. I suggest that this (...) infelicity points to a striking psychological fact, with potentially broad ramifications concerning the structure of norms of speech acts: namely, when giving an order, we must act as if we believe we will be obeyed. (shrink)

Mind &Language, Volume 35, Issue 1, Page 115-138, February 2020.

This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...) Though the semantics is descriptivist, it avoids Dworkin’s influential criticism of so-called “semantic theories of law,” and elucidates the nature of “theoretical disagreements” about the criteria of legal validity. The account sheds light on the social, interpersonal function of normative uses of language in legal discourse. It also gives precise expression to Hart’s and Raz’s intuitive distinctions among types of legal claims (internal/external, committed/detached), while giving them a uniform type of analysis. The proposed semantics and pragmatics of legal claims provides a fruitful framework for further theorizing about the nature and metaphysics of law, the relation between law and morality, and the apparent practical character of legal language and judgment. Discourse Contextualism provides a solid linguistic basis for a broader account of legal discourse and practice. (shrink)

This paper develops an account of the meaning of `ought', and the distinction between weak necessity modals (`ought', `should') and strong necessity modals (`must', `have to'). I argue that there is nothing specially ``strong'' about strong necessity modals per se: uses of `Must p' predicate the (deontic/epistemic/etc.) necessity of the prejacent p of the actual world (evaluation world). The apparent ``weakness'' of weak necessity modals derives from their bracketing whether the necessity of the prejacent is verified in the actual world. (...) `Ought p' can be accepted without needing to settle that the relevant considerations (norms, expectations, etc.) that actually apply verify the necessity of p. I call the basic account a modal-past approach to the weak/strong necessity modal distinction (for reasons that become evident). Several ways of implementing the approach in the formal semantics/pragmatics are critically examined. The account systematizes a wide range of linguistic phenomena: it generalizes across flavors of modality; it elucidates a special role that weak necessity modals play in discourse and planning; it captures contrasting logical, expressive, and illocutionary properties of weak and strong necessity modals; and it sheds light on how a notion of `ought' is often expressed in other languages. These phenomena have resisted systematic explanation. In closing I briefly consider how linguistic inquiry into differences among necessity modals may improve theorizing on broader philosophical issues. (shrink)

The biennial DEON conferences are designed to promote interdisciplinary cooperation amongst scholars interested in linking the formal-logical study of normative concepts and normative systems with computer science, artificial intelligence, linguistics, philosophy, organization theory and law. In addition to these general themes, DEON 2016 encouraged a special focus on the topic "Reasons, Argumentation and Justification.".

The program put forward in von Wright's last works defines deontic logic as ``a study of conditions which must be satisfied in rational norm-giving activity'' and thus introduces the perspective of logical pragmatics. In this paper a formal explication for von Wright's program is proposed within the framework of set-theoretic approach and extended to a two-sets model which allows for the separate treatment of obligation-norms and permission norms. The three translation functions connecting the language of deontic logic with the language (...) of the extended set-theoretical approach are introduced, and used in proving the correspondence between the deontic theorems, on one side, and the perfection properties of the norm-set and the ``counter-set'', on the other side. In this way the possibility of reinterpretation of standard deontic logic as the theory of perfection properties that ought to be achieved in norm-giving activity has been formally proved. The extended set-theoretic approach is applied to the problem of rationality of principles of completion of normative systems. The paper concludes with a plaidoyer for logical pragmatics turn envisaged in the late phase of Von Wright's work in deontic logic. (shrink)

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 (...) framework for implementing a contextualist theory, I argue that we can derive the distinctive embedding behavior of epistemic modals from a particular contextualist interpretation of a standard semantics for modals, general mechanisms of local interpretation, and typical features of discourse contexts. Examining embedding phenomena with epistemic modals raises difficult broader issues about conventionalization and pragmatic reasoning, the varieties of context-sensitive language, and the roles of context in interpretation. The paper concludes by briefly examining how the proposed contextualist account compares with certain relativist/expressivist accounts. (shrink)