Many philosophers think that games like chess, languages like English, and speech acts like assertion are constituted by rules. Lots of others disagree. To argue over this productively, it would be first useful to know what it would be for these things to be rule-constituted. Searle famously claimed in Speech Acts that rules constitute things in the sense that they make possible the performance of actions related to those things (Searle 1969). On this view, rules constitute games, languages, and speech (...) acts in the sense that they make possible playing them, speaking them and performing them. This raises the question what it is to perform rule-constituted actions (e. g. play, speak, assert) and the question what makes constitutive rules distinctive such that only they make possible the performance of new actions (e. g. playing). In this paper I will criticize Searle’s answers to these questions. However, my main aim is to develop a better view, explain how it works in the case of each of games, language, and assertion and illustrate its appeal by showing how it enables rule-based views of these things to respond to various objections. (shrink)

When and why do socially constructed norms—including the laws of the land, norms of etiquette, and informal customs—generate moral obligations? I argue that the answer lies in the duty to respect others, specifically to give them what I call “agency respect.” This is the kind of respect that people are owed in light of how they exercise their agency. My central thesis is this: To the extent that (i) existing norms are underpinned by people’s commitments as agents and (ii) they (...) do not conflict with morality, they place moral demands on us on agency-respect grounds. This view of the moral force of socially constructed norms, I suggest, is superior to views that deny the moral force of such norms, and it elegantly explains certain instances of wrongdoing that would otherwise remain unaccounted for. (shrink)

In ‘The nature of moral judgments and the extent of the moral domain’, Fraser criticises findings by Kelly et al. that speak against the moral/conventional distinction, arguing that the experiment was confounded. First, we note that the results of that experiment held up when confounds were removed . Second, and more importantly, we argue that attempts to prove the existence of a M/C distinction are systematically confounded. In contrast to Fraser, we refer to data that support our view. We highlight (...) the implications for the moral/conventional theory. (shrink)

Our primary aim in this paper is to sketch a cognitive evolutionary approach for developing explanations of social change that is anchored on the psychological mechanisms underlying normative cognition and the transmission of social norms. We throw the relevant features of this approach into relief by comparing it with the self-fulfilling social expectations account developed by Bicchieri and colleagues. After describing both accounts, we argue that the two approaches are largely compatible, but that the cognitive evolutionary approach is well- suited (...) to encompass much of the social expectations view, whose focus on a narrow range of norms comes at the expense of the breadth the cognitive evolutionary approach can provide. (shrink)

This paper presents a series of arguments aimed at showing that, for an important subclass of social rules—non‐summary rules—no adequate metaphysical account has been given, and it tentatively suggests that no such account can be given. The category of non‐summary rules is an important one, as it includes the rules of etiquette, fashion, chess, basketball, California state law, descriptive English grammar, and so on. This paper begins with behavioristic accounts of the conditions for the existence of such rules, and proceeds (...) through progressively more complex accounts, all the way to what are labeled ‘normative attitude accounts,’ which are prima facie plausible and particularly popular. In each case it is argued that the type of account under consideration cannot explain the existence of the relevant type of social rule. (shrink)

Many of the most important social institutions—e.g., law and language—are thought to be normative in some sense. And philosophers have been puzzled by how this normativity can be explained in terms of the social, descriptive states of affairs that presumably constitute them. This paper attempts to solve this sort of puzzle by considering a simpler and less contentious normative social practice: table manners. Once we are clear on the exact sense in which a practice is normative, we see that some (...) practices can be normative in an interesting and non-trivial sense, but also explicable with merely descriptive resources. In addition to arguing that it is possible to explain normative practices with descriptive resources, this paper presents and defends just such an explanation—an account of the nature of table manners that appeals only to descriptive states of affairs. (shrink)

Are there such things as moral truths? How do we know what we should do? And does it matter? Constructivism states that moral truths are neither invented nor discovered, but rather are constructed by rational agents in order to solve practical problems. While constructivism has become the focus of many philosophical debates in normative ethics, meta-ethics and action theory, its importance is still to be fully appreciated. These new essays written by leading scholars define and assess this new approach in (...) ethics, addressing such questions as the nature of constructivism, how constructivism improves our understanding of moral obligations, how it accounts for the development of normative practices, whether moral truths change over time, and many other topics. The volume will be valuable for advanced students and scholars of ethics and all who are interested in questions about the foundation of morality. (shrink)

The urgent need to address climate change poses a range of complex moral and practical concerns, not least because rising to the challenge will require cooperation among countries that differ greatly in their wealth, the extent of their contributions to the problem, and their vulnerability to environmental and economic shocks. This thesis by publication in the field of climate ethics aims to characterise a range of national responsibilities associated with acting on climate change (Part I), and to identify proposals for (...) fulfilling those responsibilities through fair and feasible institutional arrangements (Part II). I aim not only to address substantive gaps in scholarly understanding of those responsibilities, but also to strengthen the ability of climate ethics to engage meaningfully with climate policy. Chapter 2 addresses the question of whether wealthy countries owe a “climate debt” to poor countries. It finds that even if climate debt (suitably interpreted) may provide a coherent and morally plausible concept, its political value as a discursive frame that can provide a basis for cooperation is limited. Chapter 3 investigates the role that equity may play in negotiations on a long-term climate change agreement. It argues that developed and developing countries may reach a “principled bargain” if both converge on a way of differentiating their responsibilities that places less emphasis on a rigid dichotomy between the two groups and more emphasis on objective criteria relating to their contribution to the problem and capacity to address it. Chapter 4 explores a question largely overlooked in climate ethics, namely whether wealthy countries owe compensation to those who are adversely affected by the climate policies which they enact. I find that enacting countries have responsibilities to compensate both domestic and foreign citizens who would suffer disproportionate losses from the effects of policies. Chapter 5 assesses whether wealthy countries may legitimately adopt unilateral (or “fragmented”) rather than multilaterally coordinated approaches to raising climate finance for developing countries. It finds that coordinated target-setting, effort sharing and oversight arrangements are essential, but that a mix of unilateral and coordinated approaches to raising funds will be necessary for securing legitimacy. In Chapter 6, through addressing the broader question of what should count as official aid, I consider whether wealthy countries may draw on aid budgets to support developing countries’ efforts to address climate change. I find that the current definition of official aid should be retained but supplemented by specified exclusions from eligibility in order to preserve the aid regime’s integrity. Nevertheless, some climate finance may justifiably be counted as aid provided that concerns relating to the diversion of aid funding are addressed. In addressing these research questions, the thesis seeks not only to make original theoretical contributions to climate ethics but also to strengthen broader scholarly understanding of the ways in which ethics and international public policy may inform one another, particularly by highlighting the role of framing considerations (Chapter 2), feasibility considerations (Chapter 3), and the ways in which principles of fairness and legitimacy map onto institutional functions (Chapters 4, 5 and 6). (shrink)

n this thesis I describe how conventions specify how to put normative principles into practice. I identify a class of recurring situations where there are some given normative principles in effect, but they underdetermine what each individual should do, and what is best for an individual depends on what others do. I demonstrate that in such cases, whenever the community develops a response that repeatedly brings them to as good an outcome as is available according to their principles, that response (...) is a Lewisian convention where the benefit of an outcome to each individual is measured by the extent to which it conforms to the principles they subscribe to. Since these conventions are constrained by the normative principles, I call them limited conventions. They are supplements to the principles, and are ineradicably involved in moral action insofar as the abovementioned cases of moral underdetermination are in play. That has the consequence that in these cases the only reliable way to follow your principles is to follow the relevant conventions. As examples of this mechanism I offer a conventionalist analysis of authority, such that the commands of an authority is normative when they instantiate a limited convention, and of the variation in understandings of virtue and vice across societies, such that the evaluative vocabulary of each society is a set of different limited conventions about how to express in word and deed the evaluative points of the virtues and vices in question. Finally, I discuss how conventions and similar forms of guidance provide a way for individuals to participate in their community’s moral life without having a full understanding of the principles that underlie it, or even if they are profoundly ignorant or outright mistaken about the demands of morality. (shrink)