Disagreement holds the key: the possibility of agreeing or disagreeing with a state of mind makes that state of mind act logically like accepting a claim. Charles Stevenson was quite right to begin his presentation of emotivism with disagreement.—Allan Gibbard.

MacIntyre argues that management embodies emotivism, and thus is inherently amoral and manipulative. His claim that management is necessarily Weberian is, at best, outdated, and the notion that management aims to be neutral and value free is incorrect. However, new forms of management, and in particular the increased emphasis on leadership which emerged after MacIntyre’s critique was published, tend to support his central charge. Indeed, charismatic and transformational forms of leadership seem to embody emotivism to a greater degree than do (...) more Weberian, bureaucratic forms of management; hence, MacIntyre’s central contention about our emotivistic culture seems to be well founded. Having criticised the details but defended the essence of MacIntyre’s critique of management, this paper sketches a MacIntyrean approach to management and leadership by highlighting the affinities between MacIntyre’s political philosophy and Greenleaf’s concept of servant leadership. (shrink)

Abstract We propose a metaethical view that combines the cognitivist idea that moral judgments are genuine beliefs and moral utterances express genuine assertions with the idea that such beliefs and utterances are nondescriptive in their overall content. This sort of view has not been recognized among the standard metaethical options because it is generally assumed that all genuine beliefs and assertions must have descriptive content. We challenge this assumption and thereby open up conceptual space for a new kind of metaethical (...) view. In developing our brand of nondescriptivist cognitivism we do the following: (1) articulate a conception of belief (and assertion) that does not require the overall declarative content of beliefs (and assertions) to be descriptive content; (2) make a case for the independent plausibility of this conception of belief and assertion; and (3) argue that our view, formulated in a way that draws upon the proposed conception of belief, has significant comparative advantages over descriptivist forms of cognitivism. (shrink)

This paper elaborates and defends an expressivist account of the claims of mind-independence embedded in ordinary moral thought. In response to objections from Zangwill and Jenkins it is argued that the expressivist 'internal reading' of such claims is compatible with their conceptual status and that the only 'external reading' available doesn't commit expressivisists to any sort of subjectivism. In the process a 'commitment-theoretic' account of the semantics of conditionals and negations is defended.

Abstract The paper explicates a set of criteria the joint satisfaction of which is taken to qualify moral judgements as cognitive. The paper examines evidence that some moral judgements meet these criteria, and relates the resulting conception of moral judgements to ongoing controversies about cognitivism in ethics.

This chapter offers an overview of four key debates about the roles of emotion in morality. First, many believe that emotions are an important psychological mechanism for explaining altruistic behavior and moral conscience in humans. Second, there is considerable debate about the causal role of affective reactions in moral judgment. Third, some philosophers have argued that emotions have a constitutive role in moral thought and even moral facts. Finally, philosophers disagree about whether affective influence undermines the justification of moral beliefs (...) or, in suitable circumstances, guides us toward moral truth. (shrink)

A. J. Ayer’s Language, Truth, and Logic had been responsible for introducing the Vienna Circle’s ideas, developed within a Germanophone framework, to an Anglophone readership. Inevitably, this migration from one context to another resulted in the alteration of some of the concepts being transmitted. Such alterations have served to facilitate a number of false impressions of Logical Empiricism from which recent scholarship still tries to recover. In this paper, I will attempt to point to the ways in which LTL has (...) helped to foster the various mistaken stereotypes about Logical Empiricism which were combined into the received view. I will begin by examining Ayer’s all too brief presentation of an Anglocentric lineage for his ideas. This lineage, as we shall see, simply omits the major 19th century Germanophone influences on the rise of analytic philosophy. The Germanophone ideas he presents are selectively introduced into an Anglophone context, and directed towards various concerns that arose within that context. I will focus on the differences between Carnap’s version of the overcoming of metaphysics, and Ayer’s reconfiguration into what he calls the elimination of metaphysics. Having discussed the above, I will very briefly outline the consequences that Ayer’s radicalisation of the Vienna Circle’s doctrines had on the subsequent Anglophone reception of Logical Empiricism. (shrink)

First-order normative theories concerning what’s right and wrong, good and bad, etc. and metanormative theories concerning the nature of first-order normative thought and talk are widely regarded as independent theoretical enterprises. This paper argues that several debates in metanormative theory involve views that have first-order normative implications, even as the implications in question may not be immediately recognizable as normative. I first make my claim more precise by outlining a general recipe for generating this result. I then apply this recipe (...) to three debates in metaethics: the modal status of basic normative principles, normative vagueness and indeterminacy, and the determination of reference for normative predicates. In each case I argue that certain views on each issue carry first-order normative commitments, in accordance with my recipe. (shrink)

My topic is the old debate between moral realists and moral expressivists. Although I will eventually adopt a Pyrrhonian position, as usual, my main goal is neither to argue for this position nor to resolve this debate but only to explore some new options that mix together realism and expressivism in various ways. Nothing that I say will be conclusive, but I hope that some of it will be suggestive.

J. Anthony Blair is a prominent international figure in argumentation studies. He is among the originators of informal logic, an author of textbooks on the informal logic approach to argument analysis and evaluation and on critical thinking, and a founder and editor of the journal Informal Logic. Blair is widely recognized among the leaders in the field for contributing formative ideas to the argumentation literature of the last few decades. This selection of key works provides insights into the history of (...) the field of argumentation theory and various related disciplines. It illuminates the central debates and presents core ideas in four main areas: Critical Thinking, Informal Logic, Argument Theory and Logic, Dialectic and Rhetoric. (shrink)

An argumentation for the dualistic importance of emotions in society, individually and at community level. The current tendency of awareness and control of emotions through emotional intelligence has a beneficial effect in business and for the success of social activities but, if we are not careful, it can lead to irreversible alienation at individual and social level. The paper consists of three main parts: Emotions (Emotional models, Emotional processing, Happiness, Philosophy of emotions, Ethics of emotions), Emotional intelligence (Models of emotional (...) intelligence, Emotional intelligence in research and education, Philosophy of emotional intelligence, Emotional intelligence in Eastern philosophy), Emotional intelligence in organizations (Emotional work, Philosophy of emotional intelligence in organizations, Criticism of emotional intelligence in organizations, Ethics of emotional intelligence in organizations). In the Conclusions I present a summary of the statements in the paper. CONTENTS: Abstract 1. Emotions 1.1 Models of emotion 1.2 Processing emotions 1.3 Happiness 1.4 The philosophy of emotions 1.5 The ethics of emotions 2. Emotional intelligence 2.1 Models of emotional intelligence 2.1.1 Model of abilities of Mayer and Salovey 2.1.2 Goleman's mixed model 2.1.3 The mixed model of Bar-On 2.1.4 Petrides' model of traits 2.2 Emotional intelligence in research and education 2.3 The philosophy of emotional intelligence 2.3.1 Emotional intelligence in Eastern philosophy 3. Emotional intelligence in organizations 3.1 Emotional labor 3.2 The philosophy of emotional intelligence in organizations 3.3 Critique of emotional intelligence in organizations 3.4 Ethics of emotional intelligence in organizations Conclusions Bibliography DOI: 10.13140/RG.2.2.32802.79041 . (shrink)

O argumentare a importanței dualiste a emoțiilor în societate, individual și la nivel de comunitate. Tendința actuală de conștientizare și control al emoțiilor prin inteligența emoțională are un efect benefic în afaceri și pentru succesul activităților sociale dar, dacă nu suntem atenți, poate duce la o alienare ireversibilă la nivel individual și social. Lucrarea se compune din trei părți principale: Emoții (Modele ale emoțiilor, Procesarea emoțiilor, Fericirea, Filosofia emoțiilor, Etica emotiilor), Inteligența emoțională (Modele ale inteligenței emoționale, Inteligența emoțională în cercetare (...) și educație, Filosofia inteligenței emoționale, Inteligența emoțională în filosofia orientală) și Inteligența emoțională în organizații (Munca emoțională, Filosofia inteligenței emoționale în organizații, Critica inteligenței emoționale în organizații, Etica inteligenței emoționale în organizații). În Concluzii prezint un rezumat al afirmațiilor din lucrare. CUPRINS: Abstract 1. Emoții 1.1 Modele ale emoțiilor 1.2 Procesarea emoțiilor 1.3 Fericirea 1.4 Filosofia emoțiilor 1.5 Etica emoțiilor 2. Inteligența emoțională 2.1 Modele ale inteligenței emoționale 2.1.1 Modelul de abilități al lui Mayer și Salovey 2.1.2 Modelul mixt al lui Goleman 2.1.3 Modelul mixt al lui Bar-On 2.1.4 Modelul de trăsături al lui Petrides 2.2 Inteligența emoțională în cercetare și educație 2.3 Filosofia inteligenței emoționale 2.3.1 Inteligența emoțională în filosofia orientală 3. Inteligența emoțională în organizații 3.1 Munca emoțională 3.2 Filosofia inteligenței emoționale în organizații 3.3 Critica inteligenței emoționale în organizații 3.4 Etica inteligenței emoționale în organizații Concluzii Bibliografie DOI: 10.13140/RG.2.2.32991.20640. (shrink)

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. We use evaluative terms and concepts every day. We call actions right and wrong, teachers wise and ignorant, and pictures elegant and grotesque. Philosophers place evaluative concepts into two camps. Thin concepts, such as goodness and badness, and rightness and wrongness (...) have evaluative content, but they supposedly have no or hardly any nonevaluative, descriptive content: they supposedly give little or no specific idea about the character of the person or thing described. In contrast, thick concepts such as kindness, elegance and wisdom supposedly give a more specific idea of people or things. Yet, given typical linguistic conventions, thick concepts also convey evaluation. Kind people are often viewed positively whilst ignorance has negative connotations. The distinction between thin and thick concepts is frequently drawn in philosophy and is central to everyday life. However, very few articles or books discuss the distinction. In this full-length study, Simon Kirchin discusses thin and thick concepts, highlighting key assumptions, questions and arguments, many of which have gone unnoticed. Kirchin focuses in on the debate between 'separationists' and 'nonseparationists'. Thick Evaluation argues for a version of nonseparationism, and in doing so argues both that many concepts are evaluative and also that evaluation is not exhausted by thin positive and negative stances. (shrink)

Persuasive definitions – those that convey an attitude in the act of naming – are frequently employed in discourse and are a form of strategic maneuvering. The dynamics of persuasive definition are explored through brief case studies and an extended analysis of the use of the “war” metaphor in responding to terrorism after September 11, 2001. Examining persuasive definitions enables us to notice similarities and differences between strategic maneuvering in dialectical and in rhetorical argument, as well as differences between the (...) role of strategic maneuvering in normatively ideal argument and in actually existing argument. This will avoid the double standard of comparing ideal dialectic with actual rhetoric, or vice versa. The results of the analysis suggest possibilities for a rapprochement between dialectical and rhetorical approaches to argumentation. (shrink)

There has, in recent decades, been considerable scholarship regarding the moral aspects of corporate governance, and differences in corporate governance practices around the world have been widely documented and investigated. In such a context, the claims associated with moral relativism are relevant. The purpose of this paper is to provide a detailed consideration of how the metaethical and normative claims of moral relativism in particular can be applied to corporate governance. This objective is achieved, firstly, by reviewing what is meant (...) by metaethical moral relativism and identifying two ways in which the metaethical claim can be assessed. The possibility of a single, morally superior model of corporate governance is subsequently considered through an analysis of prominent works justifying the shareholder and stakeholder approaches, together with a consideration of academic agreement in this area. The paper then draws on the work of Wong, firstly in providing an argument supporting metaethical moral relativism and secondly regarding values of tolerance and/or accommodation that can contribute to the normative claim. The paper concludes by proposing an argument that it is morally wrong to impose a model of corporate governance where there are differences in moral judgements relevant to corporate governance, or to interfere with a model in similar circumstances, and closes with consideration of the argument’s implications. (shrink)

A central feature of ordinary moral thought is that moral judgment is mind-independent in the following sense: judging something to be morally wrong does not thereby make it morally wrong. To deny this would be to accept a form of subjectivism. Neil Sinclair (2008) makes a novel attempt to show how expressivism is simultaneously committed to (1) an understanding of moral judgments as expressions of attitudes and (2) the rejection of subjectivism. In this paper, I discuss Sinclair’s defense of anti-subjectivist (...) moral mind-independence on behalf of the expressivist, and I argue that the account does not fully succeed. An examination of why it does not is instructive, and it reveals a fundamental dilemma for the expressivist. I offer a suggestion for how the expressivist might respond to the dilemma and so uphold Sinclair’s defense. (shrink)

In this paper we analyze the uses and misuses of argumentation schemes from verbal classification, and show how argument from definition supports argumentation based on argument from verbal classification. The inquiry has inevitably included the broader study of the concept of definition. The paper presents the schemes for argument from classification and for argument from definition, and shows how the latter type of argument so typically supports the former. The problem of analyzing arguments based on classification is framed in a (...) structure that reveals the crucial role it plays in the persuasion process. The survey of the literature includes the work of Hastings, Perelman, Kienpointner and Schiappa, but still finds much of value in Aristotle. Lessons drawn from Aristotle’s Topics are shown to be useful for developing new tools for assessing definitions and arguments from definition. (shrink)

Using persuasive definitions and persuasive language generally to put a spin on an argument has often held to be suspicious, if not deceptive or even fallacious. However, if the purpose of a persuasive definition is to persuade, and if rational persuasion can be a legitimate goal, putting forward a persuasive definition can have a legitimate basis in some cases. To clarify this basis, the old subject of definitions is reconfigured into a new dialectical framework in which, it is argued, a (...) definition should be evaluated in light of its purpose as a speech act. But if persuasive definitions are so often thought to be suspect, misleading, or even fallacious, how can individual cases be judged on some objective basis? In this paper, a new dialectical method of evaluating such definitions on a case-by-case basis is proposed, showing how abusive as well as reasonable uses of persuasive language can properly be identified, analyzed and evaluated. (shrink)

Imperatives cannot be true or false, so they are shunned by logicians. And yet imperatives can be combined by logical connectives: "kiss me and hug me" is the conjunction of "kiss me" with "hug me". This example may suggest that declarative and imperative logic are isomorphic: just as the conjunction of two declaratives is true exactly if both conjuncts are true, the conjunction of two imperatives is satisfied exactly if both conjuncts are satisfied—what more is there to say? Much more, (...) I argue. "If you love me, kiss me", a conditional imperative, mixes a declarative antecedent ("you love me") with an imperative consequent ("kiss me"); it is satisfied if you love and kiss me, violated if you love but don't kiss me, and avoided if you don't love me. So we need a logic of three -valued imperatives which mixes declaratives with imperatives. I develop such a logic. (shrink)

"Surrender; therefore, surrender or fight" is apparently an argument corresponding to an inference from an imperative to an imperative. Several philosophers, however (Williams 1963; Wedeking 1970; Harrison 1991; Hansen 2008), have denied that imperative inferences exist, arguing that (1) no such inferences occur in everyday life, (2) imperatives cannot be premises or conclusions of inferences because it makes no sense to say, for example, "since surrender" or "it follows that surrender or fight", and (3) distinct imperatives have conflicting permissive presuppositions (...) ("surrender or fight" permits you to fight without surrendering, but "surrender" does not), so issuing distinct imperatives amounts to changing one's mind and thus cannot be construed as making an inference. In response I argue inter alia that, on a reasonable understanding of 'inference', some everyday-life inferences do have imperatives as premises and conclusions, and that issuing imperatives with conflicting permissive presuppositions does not amount to changing one's mind. (shrink)

This essay focuses on the value of self-doubt in moral inquiry and in moral education. Using John Patrick Shanley’s play, Doubt: A parable, as illustration, it shows how self-doubt initiates and extends moral inquiry, highlights one’s epistemic fallibility and connects the inquirer to the virtue of humility. The essay draws on the work of Charles Sanders Peirce, Hullett, Nussbaum, Thayer-Bacon and Elbow to support the idea that the question ‘Am I wrong?’ is important for moral inquiry and for moral education.

Expressivist analyses of evaluative discourse characterize unembedded moral claims as functioning primarily to express noncognitive attitudes. The most thorny problem for this project has been explaining the logical relations between such evaluative judgements and other judgements expressed using evaluative terms in unasserted contexts, such as when moral judgements are embedded in conditionals. One strategy for solving the problem derives logical relations among moral judgements from relations of "consistency" and "inconsistency" which hold between the attitudes they express. This approach has been (...) accused of conflating inconsistency with mere pragmatic incoherence. In reaction such criticisms several recent theorists have attempted to use alternative resources. The most sophisticated noncognitivists have often propounded theories with secondary descriptive components in addition to their primary expressive meanings. Recent independent suggestions by Frank Jackson and Stephen Barker attempt to solve the embedding problem by utilizing such descriptive components of moral utterances. Unfortunately, this strategy fails to handle a certain sort of example using just the descriptive resources available to noncognitivists. For it must rule valid arguments invalid in virtue of equivocation in the secondary descriptive meanings. The present paper explains the problem and suggests a moral for expressivist theories. (shrink)

Expressivists, such as Blackburn, analyse sentences such as 'S thinks that it ought to be the case that p' as S hoorays that p'. A problem is that the former sentence can be negated in three different ways, but the latter in only two. The distinction between refusing to accept a moral judgement and accepting its negation therefore cannot be accounted for. This is shown to undermine Blackburn's solution to the Frege-Geach problem.

Verificationism has had a bad press for many years. The view that the meaning of our words is bound up with the discernible difference it would make if what we say, think or write were true or false, nowadays is scorned as “positivist” though it was shared by eminent empiricists and pragmatists. This paper seeks to sort through some of the complexities of what is often portrayed as an unduly simplistic conception. I begin with an overview of its main logical (...) empiricist varieties before considering which aspects of it fall victim to which of the three major types of objection that have been raised against it. I will conclude that what is left standing is a modest proposal that seems worth further investigation. (shrink)

This paper investigates the ethical issues surrounding the concept of Internet neutrality focusing specifically on the correlation between neutrality and fairness. Moving from an analysis of the many available definitions of Internet neutrality and the heterogeneity of the Internet infrastructure, the common assumption that a neutral Internet is also a fair Internet is challenged. It is argued that a properly neutral Internet supports undesirable situations in which few users can exhaust the majority of the available resources or in which specific (...) types of applications and services cannot be developed or properly deployed. The solution offered to these shortcomings is based on (1) an environmental approach to the Internet, (2) the four guiding principles of Floridi’s Information Ethics and (3) a principle called ‘Information Diversity’. The paper is divided into six sections. Section 1 briefly presents the debate concerning the concepts of network and Internet neutrality. Section 2 poses a general and unifying definition of Internet neutrality based on the critical assessment of several domain-specific approaches to the problem of neutrality. Section 3 is dedicated to the analysis of the relationship between Internet neutrality and the ethical principle of fairness. Section 4 introduces Floridi’s Information Ethics, the definition of Information Diversity and an analysis of how they can be used to address the limitations of Internet neutrality. Section 5 summarises the ethics of Internet neutrality and Information Diversity defining their relationship. Section 6 reviews the arguments presented in the paper clarifying the foundational role played by Information Diversity and Information Ethics in Internet policy-making activity. (shrink)

Many philosophers believe that judgments about propositional attitudes, or about which mental states are expressed by which sentences, are normative judgments. If this is so, then metanormative expressivism must be given expressivist treatment. This might seem to make expressivism self-defeating or worrisomely circular, or to frustrate the explanatory ambitions central to the view. I argue that recent objections along these lines to giving an expressivist account of expressivism are not successful. I shall also suggest that in order to deal with (...) these worries, Dreier's influential response to the so-called ‘problem of creeping minimalism’ must be slightly revised. (shrink)

This article develops a research position that allows cultural sociologists to compare morality across sociohistorical cases. In order to do so, the article suggests focusing analytic attention on actions that fulfill the following criteria: (a) actions that define the actor as a certain kind of socially recognized person, both within and across fields; (b) actions that actors experience—or that they expect others to perceive—as defining the actor both intersituationally and to a greater extent than other available definitions of self; and (...) (c) actions to which actors either have themselves, or expect others to have, a predictable emotional reaction. Such a position avoids both a realist moral sociology and descriptive-relativism, and provides sociologists with criteria for comparing moral action in different cases while staying attuned to social and historical specificity. (shrink)

What is the relation between the concept good and more specific or ‘thick’ concepts such as admirable or courageous? I argue that good or more precisely good pro tanto is a general concept, but that the relation between good pro tanto and the more specific concepts is not that of a genus to its species. The relation of an important class of specific evaluative concepts, which I call ‘affective concepts’, to good pro tanto is better understood as one between a (...) determinable and its determinates, whereas concepts such as courageous can be analysed in terms of affective concepts and purely descriptive concepts. (shrink)

Moral error theorists hold that morality is deeply mistaken, thus raising the question of whether and how moral judgments and utterances should continue to be employed. Proposals include simply abolishing morality, adopting some revisionary fictionalist stance toward morality, and conserving moral judgments and utterances unchanged. I defend a fourth proposal, namely revisionary moral expressivism, which recommends replacing cognitivist moral judgments and utterances with non-cognitivist ones. Given that non-cognitivist attitudes are not truth apt, revisionary expressivism does not involve moral error. Moreover, (...) revisionary expressivism has the theoretical resources to retain many of the useful features of morality, such as moral motivation, moral disagreement, and moral reasoning. Revisionary expressivism fares better than the three major alternatives in both avoiding moral error and preserving these useful features of morality. I also show how this position differs from the “revolutionary expressivism” of Sebastian Köhler and Michael Ridge. (shrink)

According to contextualist theories in metaethics, when you use a moral term in a context, the context plays an ineliminable part in determining what natural property will be the semantic value of the term. Furthermore, on subjectivist and relativist versions of these views, it is either the speaker's own moral code or her moral community's moral code that constitutes the reference-fixing context. One standard objection to views of this type is that they fail to enable us to disagree in ordinary (...) conversations. In this chapter, I develop a new response to this objection on the basis of Kai von Fintel and Anthony Gillies' notion of proposition clouds. I argue that, because we live in a multicultural society, the conversational contexts we face will fail to disambiguate between all the things we could mean. This is why we can at best put into play proposition clouds when we make moral utterances. All the propositions in such clouds are then available for rejection and acceptance on the behalf of our audiences. The norms of conversation then guide us to make informative contributions to the conversation - accept and reject propositions in a way that leads to co-ordination of action and choice. (shrink)

Jan W Steutel; Forms of Reflection on Central Educational Concepts, Journal of Philosophy of Education, Volume 22, Issue 2, 30 May 2006, Pages 163–171, https://.

Recently, Bengt Hansson presented a paper about dyadic deontic logic,2 criticizing some purely axiomatic systems of dyadic deontic logic and proposing three purely semantical systems of dyadic deontic logic which he confidently called dyadic standard systems of deontic logic (DSDL1–3). Here I shall discuss the third by far most interesting system DSDL3 which is operating with preference relations. First, I shall describe this semantical system (Sections 1.1–1.3). Then I shall give an axiomatic system (Section 1.4) which is proved to be (...) correct (Section 2) and complete (Section 3) with respect to Hansson's semantics. Finally, in face of these results Hansson's semantics will be discussed from a more intuitive standpoint. After emphasizing its intuitive attractiveness (Section 4.1) I will show that two objections often discussed in connection with preference relations do not apply to it (Section 4.2 and 4.3); more precisely, I will show that the connectedness condition for preference relations can be dropped and that, in a sense, it is not necessary to compare two possible worlds differing in infinitely many respects. (What exactly is meant by this, will become clear later on.) Yet there is a third objection to Hansson's semantics which points to a real intuitive inadequacy of DSDL3. A way of removing this inadequacy, which corresponds to Hansson's own intuitions as well as to familiar metaethical views, is suggested, but not technically realized (Section 4.4). In the last section (section 4.5) I shall briefly show that DSDL3 is decidable, as expected. (shrink)

Legal realism comes in two main versions, namely American legal realism and Scandinavian legal realism. In this article, I shall be concerned with the Scandinavian realists, who were naturalists and non-cognitivists, and who maintained that conceptual analysis is a central task of legal philosophers, and that such analysis must proceed in a naturalist, anti-metaphysical spirit. Specifically, I want to consider the commitment to ontological naturalism and non-cognitivism on the part of the Scandinavians and its implications for their view of the (...) nature of law. I argue that the Scandinavians differ from legal positivists in that they reject the idea that there are legal relations, that is, legal entities and properties, and to varying degrees defend the view that law is a matter of human behavior rather than legal norms, and that they do not and cannot accept the idea that there is a ‘world of the ought’ in Kelsen's sense. I also argue, more specifically, that the objection to non-naturalist theories raised by the Scandinavians—that there is and can be no connection between the higher realm of norms and values and the world of time and space—is convincing, and that Kelsen's introduction of a so-called modally indifferent substrate does nothing to undermine this objection. In addition, I argue that the Scandinavians can account for the existence of legal relations that do not presuppose the existence of morally binding legal norms by embracing conventionalism about the existence of the sources of law, while pointing out that in doing so they would also be abandoning their legal realism for legal positivism. Finally, I argue that the implications for legal scholarship of the realist emphasis on human behavior instead of legal norms is not well explained by the realists and appear to amount to little more than a preference for teleological interpretation of legal norms. (shrink)

The Scandinavian Realist Karl Olivecrona did not pay much attention to questions of legal reasoning in his many works. He did, however, argue that courts necessarily create law when deciding a case. The reason, he explained, is that judges must evaluate issues of fact or law in order to decide a case, and that evaluations are not objective. Olivecrona's line of argument is problematic, however. The problem is that Olivecrona uses the term "evaluation" in a sense that is broad enough (...) to cover not only evaluations, including moral evaluations, but also considerations that are not evaluations at all, and therefore his claim that judges must evaluate issues of law or fact in order to decide whether a case is false. (shrink)

This paper applies the theory of teleosemantics to the issue of moral content. Two versions of teleosemantics are distinguished: input-based and output-based. It is argued that applying either to the case of moral judgements generates the conclusion that such judgements have both descriptive (belief-like) and directive (desire-like) content, intimately entwined. This conclusion directly validates neither descriptivism nor expressivism, but the application of teleosemantics to moral content does leave the descriptivist with explanatory challenges which the expressivist does not face. Since teleosemantics (...) ties content to function, the paper also offers an account of the evolutionary function of moral judgements. (shrink)

Many philosophers argue that the face-value of moral practice provides presumptive support to moral realism. This paper analyses such arguments into three steps. (1) Moral practice has a certain face-value, (2) only realism can vindicate this face value, and (3) the face-value needs vindicating. Two potential problems with such arguments are discussed. The first is taking the relevant face-value to involve explicitly realist commitments; the second is underestimating the power of non-realist strategies to vindicate that face-value. Case studies of each (...) of these errors are presented, drawn from the writings of Shafer-Landau, Brink and McNaughton, and from recent work in experimental metaethics. The paper then considers weak presumptive arguments, according to which both realist and non-realist vindications of moral practice are possible, but the realist vindications are more natural. It is argued that there is no sense of ‘natural’ available that can make these arguments work. The conclusion is that all extant presumptive arguments for moral realism fail. (shrink)

In the face of widespread cynicism as regards the possibilities for reasoned and reasonable adjudication of ethical differences in the postmodern age, this essay proposes a dialogic, reconstructive rhetoric as a vehicle for jointly arguing about the ethics of past actions, and looks to the friendship circle as a model arena for the playing out of such a rhetoric. Analyzed by way of illustration is a conversation among four good friends about the ethics of another, surreptitiously taped, conversation between two (...) of those friends. (shrink)

In the 1960s, Peter Geach and John Searle independently posed an important objection to the wide class of 'noncognitivist' metaethical views that had at that time been dominant and widely defended for a quarter of a century. The problems raised by that objection have come to be known in the literature as the Frege-Geach Problem, because of Geach's attribution of the objection to Frege's distinction between content and assertoric force, and the problem has since occupied a great deal of the (...) attention both of defenders of broadly noncognitivist views, and of their critics. In this article I explain Geach and Searle's historical objections, and put the subsequent discussion into dialectical context, paying some attention to the developments along the way and how they have enhanced our overall understanding of the problem. The article covers a lot of territory, so we will only be able to see the highlights, along the way. For further reading, see the Works Cited. (shrink)

Expressivism’s central idea is that normative sentences bear the same relation to non-cognitive attitudes that ordinary descriptive sentences bear to beliefs: the expression relation. Allan Gibbard teIls us that “that words express judgments will be accepted by almost everyone” - the distinctive contribution of expressivism, his claim goes, is only a view about what kind of judgments words express. But not every account of the expression relation is equally suitable for the expressivist’s purposes. In fact, what I argue in this (...) paper, considering four possible accounts of expression, is that how suitable each account is for the expressivist’s purpose varies in proportion to how controversial it is. So Gibbard is wrong - if expression is to get expressivism off the ground, then it will be enormously controversial whether words do express judgments. And thus expressivism is committed to strong claims about the semantics of non-normative language. (shrink)

What are the implications of taking seriously Chaïm Perelman's proposition that “definitions are rhetorical”? Efforts to find Real Definitions are dysfunctional to the extent they direct argumentation toward pseudo “is” claims and away from explicit “ought” claims about how words are to be used. Addressing definitional disputes explicitly as propositions ofought rather thanis could put on the agenda the pragmatic concerns of definitional choice that might otherwise remain tacit.

Among the four propositions considered in this paper, we have found two which can contribute to a holistic environmental ethic: individuals acquire some of their value through participating in communities, including biotic communities, and wholes, including biotic communities, can have values which are not the sum of the values of the individuals composing them. However, accepting these propositions does not represent a revolutionary break distinguishing holism from traditional value theories or ethics. On the other hand, the holistic propositions we considered (...) which would clearly differentiate holism from (at least some) traditional value theories and ethics are unacceptable. Consequently, if the propositions we have discussed fairly represent what goes under the name of “holism,” then rather than being a new kind of ethic, a viable ethical holism will make its contribution by emphasizing the communal elements of traditional ethics which have sometimes been neglected in glorifications of the individual. This would not be an inconsiderable contribution, philosophically, socially, or environmentally. (shrink)

Know-how and expressivism are usually regarded as disjoint topics, belonging to distant areas of philosophy. This paper argues that, despite obvious differences, the two debates have important similarities. In particular, semantic and conceptual tools developed by expressivists can be exported to the know-how debate. On the one hand, some of the expressivists' semantic resources can be used to deflect Stanley and Williamson's influential argument for factualism about know-how: the claim that knowing how to do something consists in knowing a fact. (...) On the other, expressivism provides the resources to formulate a nonfactualist account of know-how. On this account, know-how has a kind of nonpropositional content and plays the role of guiding performance of action, rather than recording information from the environment. (shrink)