Eugenics is often referred to in debates on the ethics of reproductive technologies and practices, in relation to the creation of moral boundaries between acceptable and unacceptable technologies, and acceptable and unacceptable uses of these technologies. Historians have argued that twentieth century eugenics cannot be reduced to a uniform set of practices, and that no simple lessons can be drawn from this complex history. Some authors stress the similarities between past eugenics and present reproductive technologies and practices (what I define (...) throughout the paper as ‘the continuity view’) in order to condemn the latter. Others focus on the differences between past and present practices (what I define throughout the paper as ‘the discontinuity view’) in order to defend contemporary reproductive technologies. In this paper, I explore the meanings of the word ‘eugenics’ and the relationship between its past and present uses in terms of contemporary debates on reproductive technologies and practices. I argue that moral disagreement about present technologies originate in divergent views of condemnable and justifiable features of the past. (shrink)

Many philosophers think that moral objectivism is supported by stable features of moral discourse and thinking. When engaged in moral reasoning and discourse, people behave ‘as if’ objectivism were correct, and the seemingly most straightforward way of making sense of this is to assume that objectivism is correct; this is how we think that such behavior is explained in paradigmatically objectivist domains. By comparison, relativist, error-theoretic or non-cognitivist accounts of this behavior seem contrived and ad hoc. After explaining why this (...) argument should be taken seriously (recent arguments notwithstanding), I argue that it is nevertheless undermined by considerations of moral disagreement. Even if the metaphysical, epistemic and semantic commitments of objectivism provide little or no evidence against it, and even if the alternative explanations of ‘objectivist’ traits of moral discourse and thinking are speculative or contrived, objectivism is itself incapable of making straightforward sense of these traits. Deep and widespread moral disagreement or, rather, the mere appearance of such disagreement, strongly suggests that the explanations operative in paradigmatically objective discourse fail to carry over to the moral case. Since objectivism, no less than relativism, non-cognitivism and error-theories, needs non-trivial explanations of why we behave ‘as if’ objectivism were correct, such behavior does not presently provide reason to accept objectivism. (shrink)

This paper proposes a new Separabilist account of thick concepts, called the Expansion View (or EV). According to EV, thick concepts are expanded contents of thin terms. An expanded content is, roughly, the semantic content of a predicate along with modifiers. Although EV is a form of Separabilism, it is distinct from the only kind of Separabilism discussed in the literature, and it has many features that Inseparabilists want from an account of thick concepts. EV can also give non-cognitivists a (...) novel escape from the Anti-Disentangling Argument. §I explains the approach of all previous Separabilists, and argues that there’s no reason for Separabilists to take this approach. §II explains EV. §III fends off objections. And §IV explains how non-cognitivist proponents of EV can escape the Anti-Disentangling Argument. (shrink)

Questions are known to play a crucial role in helping to structure linguistic communication. I argue that paying attention to questions is also necessary for understanding disagreement, and in particular for distinguishing between genuine and merely verbal disagreements. I argue, moreover, that some of the questions that play this role are essentially practical questions, questions about what to do. Such questions can remain open even after questions about what is the case have been settled. Essentially practical questions help structure discourse (...) no less than ordinary questions. I argue that once we acknowledge them and their role in communication, we have new resources for making sense of cases of so-called “faultless disagreement” involving taste and aesthetic predicates within a standard, non-relativist semantics. (shrink)

This paper develops a new challenge for moral noncognitivism. In brief, the challenge is this: Beliefs — both moral and non-moral — are epistemically evaluable, whereas desires are not. It is tempting to explain this difference in terms of differences in the functional roles of beliefs and desires. However, this explanation stands in tension with noncognitivism, which maintains that moral beliefs have a desire-like functional role. After critically reviewing some initial responses to the challenge, I suggest a solution, which involves (...) rethinking the functional relationship between desire and belief. (shrink)

This paper examines distinctive discourse properties of preposed negative 'yes/no' questions (NPQs), such as 'Isn’t Jane coming too?'. Unlike with other 'yes/no' questions, using an NPQ '∼p?' invariably conveys a bias toward a particular answer, where the polarity of the bias is opposite of the polarity of the question: using the negative question '∼p?' invariably expresses that the speaker previously expected the positive answer p to be correct. A prominent approach—what I call the context-management approach, developed most extensively by Romero (...) and Han (2004)—attempts to capture speaker expectation biases by treating NPQs fundamentally as epistemic questions about the proper discourse status of a proposition. I raise challenges for existing context-managing accounts to provide more adequate formalizations of the posited context-managing content, its implementation in the compositional semantics and discourse dynamics, and its role in generating the observed biases. New data regarding discourse differences between NPQs and associated epistemic modal questions are introduced. I argue that we can capture the roles of NPQs in expressing speakers’ states of mind and managing the discourse common ground without positing special context-managing operators or treating NPQs as questions directly about the context. I suggest that we treat the operator introduced with preposed negation as having an ordinary semantics of epistemic necessity, though lexically associated with a general kind of endorsing use observed with modal expressions. The expressive and context-managing roles of NPQs are explained in terms of a general kind of discourse-oriented use of context-sensitive language. The distinctive expectation biases and discourse properties observed with NPQs are derived from the proposed semantics and a general principle of Discourse Relevance. (shrink)

In this paper I first argue against one attractive formulation of the motivation argument, and against one attractive formulation of noncognitivism. I do so by example: I suggest that other-regarding normative judgments do not seem to have motivational powers and do not seem to be desires. After defending these two claims, I argue that other views can accommodate the motivational role of normative judgment without facing this objection. For example, desire-as-belief theories do so, since such theories only say that some (...) normative judgments constitute desires, not that all such judgments do so. In short, I argue that, if we are seeking a theory that explains the motivational role of normative judgement, some theories are better than others insofar as they do so without committing to the claim that all normative judgements play such a motivational role. (shrink)

This thesis engages with three topics and the relationships between them: (i) the phenomenon of disagreement (paradigmatically, where one person makes a claim and another denies it); (ii) the normative character of disagreements (the issue of whether, and in what sense, one of the parties is “at fault” for believing something that’s untrue); (iii) the issue of which theory of what truth is can best accommodate the norms relating belief and truth. People disagree about all sorts of things: about whether (...) climate is changing, death penalty is wrong, sushi is delicious, or Louis C.K. is funny. However, even focusing on disagreements in the evaluative domain (e.g., taste, moral and comedic), where people have the intuition that there is ‘no fact of the matter’ about who is right, there are significant differences that require explanation. For instance, disagreement about taste is generally perceived as shallow. People accept to disagree and live comfortably with that fact. By contrast, moral disagreement is perceived as deep and sometimes hard to tolerate. Comedic disagreement is similar to taste. However, it may involve an element of ‘intellectual snobbery’ that is absent in taste disagreement. The immediate questions are whether these contrasts allow of precise characterization and what is responsible for them. I argue that, once a case is made for the truth-aptness of judgments in these areas, the contrast can be explained in terms of variable normative function of truth – as exerting a lightweight normative constraint in the domain of taste and a stricter constraint in the moral domain. In particular I claim that while truth in the moral domain exerts a sui generis deontic control, this normative feature of truth is silent in both the taste and the comedic domains. This leads me to investigate how to conceive of truth in the light of normative variability. I argue that an amended version of deflationism – minimally inflated deflationism – can account for the normative variability of truth. (shrink)

In this introductory chapter, I not only present the essays that make up this volume but also I offer an extensive critical overview of moral skepticism with the hope that it will turn out to be useful particularly to the uninitiated reader. I first provide a taxonomy of varieties of moral skepticism, then discuss the main arguments advanced in their favor, and finally summarize the ten essays here collected, which deal with one or more of those skeptical stances and arguments.

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)

Peter Kivy claims that expressivists in aesthetics cannot explain why we argue about art. The situation would be different in the case of morals. Moral attitudes lead to action, and since actions affect people, we have a strong incentive to change people’s moral attitudes. This can explain why we argue about morals, even if moral language is expressive of our feelings. However, judgements about what is beautiful and elegant need not significantly affect our lives. So why be concerned with other (...) people’s feelings about art? Kivy thinks the best explanation of our tendency to argue about art is that we implicitly believe in objective facts about aesthetics. This would count against expressivism. I argue two things: that there is no good reason to think that we don’t care about preferences and emotions unless they have significant practical consequences and that the truth of expressivism about aesthetic language is compatible with beliefs about objective aesthetic facts. (shrink)

Explaining genuine moral disagreement is a challenge for metaethical theories. For expressivists, this challenge comes from the plausibility of agents making seemingly univocal claims while expressing incongruent conative attitudes. I argue that metaethical inferentialism – a deflationary cousin to expressivism, which locates meaning in the inferential import of our moral assertions rather than the attitudes they express – offers a unique solution to this problem. Because inferentialism doesn’t locate the source of moral disagreements in a clash between attitudes, but instead (...) in conflicts between the inferential import of ethical assertions, the traditional problem for expressivism can be avoided. After considering two forms of inferentialism that lead to revenge versions of the problem, I conclude by recommending that we understand the semantics of moral disagreements pragmatically: the source of univocity does not come from moral or semantic facts waiting to be described, but instead from the needs that ethical and semantic discourses answer – a solution to the problems of what we are to do and how we are to talk about it. (shrink)

This paper offers a noncognitivist characterization of moral attitudes, according to which moral attitudes count as such because of their inclusion of moral concepts. Moral concepts are distinguished by their contribution to the functional roles of some of the attitudes in which they can occur. They have no particular functional role in other attitudes, and should instead be viewed as evolutionary spandrels. In order to make the counter-intuitive implications of the view more palatable, the paper ends with an account of (...) the evolution of normative judgments as exaptations of the cognitive structures that underlie beliefs. (shrink)

It is often said that normative properties are “just too different” to reduce to other kinds of properties. This suggests that many philosophers find it difficult to believe reductive theses in ethics. I argue that the distinctiveness of the normative concepts we use in thinking about reductive theses offers a more promising explanation of this psychological phenomenon than the falsity of Reductive Realism. To identify the distinctiveness of normative concepts, I use resources from familiar Hybrid views of normative language and (...) thought to develop a Hybrid view of normative concepts. In addition to using this new Hybrid view to explain why reductive theses are difficult to believe, I show how to preserve several patterns of inference involving normative concepts that, intuitively, it is possible to make, and hence answer an important recent challenge to Hybrid views from Mark Schroeder. (shrink)

This paper tests a theory about the relationship between two important topics in moral philosophy and psychology. One topic is the function of normative language, specifically claims that one “ought” to do something. Do these claims function to describe moral responsibilities, encourage specific behavior, or both? The other topic is the relationship between saying that one “ought” to do something and one’s ability to do it. In what respect, if any, does what one “ought” to do exceed what one “can” (...) do? The theory tested here has two parts: (1) “ought” claims function to both describe responsibilities and encourage people to fulfill them (the dual-function hypothesis); (2) the two functions relate differently to ability, because the encouragement function is limited by the person’s ability, but the descriptive function is not (the interaction hypothesis). If this theory is correct, then in one respect “ought implies can” is false because people have responsibilities that exceed their abilities. But in another respect “ought implies can” is legitimate because it is not worthwhile to encourage people to do things that exceed their ability. Results from two behavioral experiments support the theory that “ought” exceeds but implies “can.” Results from a third experiment provide further evidence regarding an “ought” claim’s primary function and how contextual features can affect the interpretation of its functions. (shrink)

Many philosophers have assumed, without argument, that Wittgenstein influenced Austin. More often, however, this is vehemently denied, especially by those who knew Austin personally. We compile and assess the currently available evidence for Wittgenstein’s influence on Austin’s philosophy of language. Surprisingly, this has not been done before in any detail. On the basis of both textual and circumstantial evidence we show that Austin’s work demonstrates substantial engagement with Wittgenstein’s later philosophy. In particular, Austin’s 1940 paper, ‘The Meaning of a Word’, (...) should be construed as a direct response to and development of ideas he encountered in Wittgenstein’s Blue Book. Moreover, we argue that Austin’s mature speech-act theory in How to Do Things with Words was also significantly influenced by Wittgenstein. (shrink)

This book shows how research in linguistic pragmatics, philosophy of language, and rhetoric can be connected through argumentation to analyze a recognizably common strategy used in political and everyday conversation, namely the distortion of another’s words in an argumentative exchange. Straw man argumentation refers to the modification of a position by misquoting, misreporting or wrenching the original speaker’s statements from their context in order to attack them more easily or more effectively. Through 63 examples taken from different contexts (including political (...) and forensic discourses and dialogs) and 20 legal cases, the book analyzes the explicit and implicit types of straw man, shows how to assess the correctness of a quote or a report, and illustrates the arguments that can be used for supporting an interpretation and defending against a distortion. The tools of argumentation theory, a discipline aimed at investigating the uses of arguments by combining insights from pragmatics, logic, and communication, are applied to provide an original account of interpretation and reporting, and to describe and illustrate tactics and procedures that can be used and implemented for practical purposes.. This book will appeal to scholars in the fields of political communication, communication in general, argumentation theory, rhetoric and pragmatics, as well as to people working in public speech, speech writing, and discourse analysis. (shrink)

When speakers utter conflicting moral sentences, it seems clear that they disagree. It has often been suggested that the fact that the speakers disagree gives us evidence for a claim about the semantics of the sentences they are uttering. Specifically, it has been suggested that the existence of the disagreement gives us reason to infer that there must be an incompatibility between the contents of these sentences. This inference then plays a key role in a now-standard argument against certain theories (...) in moral semantics. In this paper, we introduce new evidence that bears on this debate. We show that there are moral conflict cases in which people are inclined to say both that the two speakers disagree and that it is not the case at least one of them must be saying something incorrect. We then explore how we might understand such disagreements. As a proof of concept, we sketch an account of the concept of disagreement and an independently motivated theory of moral semantics which, together, explain the possibility of such cases. (shrink)

Are aesthetic judgements cognitive, belief-like states or non-cognitive, desire-like states? There have been a number of attempts in recent years to evaluate the plausibility of a non-cognitivist theory of aesthetic judgements. These attempts borrow heavily from non-cognitivism in metaethics. One argument that is used to support metaethical non-cognitivism is the argument from Motivational Judgement Internalism. It is claimed that accepting this view, together with a plausible theory of motivation, pushes us towards accepting non-cognitivism. A tempting option, then, for those wishing (...) to defend aesthetic non-cognitivism, would be to appeal to a similar argument. However, both Caj Strandberg and Walter Sinnott-Armstong have argued that Internalism is a less plausible claim to make about aesthetic judgements than about moral judgements by raising objections against aesthetic internalism. In this paper, I will argue that both of these objections can be raised against internalism about moral judgements as well. As a result, internalism is no less plausible a claim to make about aesthetic judgements than about moral judgements. I will then show how a theory of internalism about normative judgements in general is capable of avoiding both of these objections. (shrink)

The classification of a state of affairs under a legal category can be considered as a kind of con- densed decision that can be made explicit, analyzed, and assessed us- ing argumentation schemes. In this paper, the controversial conflict of opinions concerning the nature of “marriage” in Obergefell v. Hodges is analyzed pointing out the dialecti- cal strategies used for addressing the interpretive doubts. The dispute about the same-sex couples’ right to marry hides a much deeper disa- greement not only (...) about what mar- riage is, but more importantly about the dialectical rules for defining it. (shrink)

This chapter has two sections, each focusing on a distinct way in which ethical disagreement and variations in ethical judgment matter for theories of ethical thought and talk. In the first section, we look at how the variation poses problems for both cognitivist and non-cognitivist ways of specifying the nature of ethical judgments. In the second, we look at how disagreement phenomena have been taken to undermine cognitivist accounts, but also at how the seeming variation in cognitive and non-cognitive contents (...) between parties of deep ethical disagreement challenges both cognitivist and non-cognitivist accounts of disagreement itself. (shrink)

An argument for the eponymous conclusion is given through a series of hypothetical syllogisms, the most basic of which is as follows: morality is necessary for self-respect; self-respect is necessary for happiness; therefore, morality is necessary for happiness. Some of the most obvious objections are entertained and rejected.

Na primeira parte, argumento que o descritivismo proposto por Moritz Schlick não compreende adequadamente a função dos juízos morais. Na segunda parte, argumento que o emotivismo não apresenta uma explicação adequada para o papel da razão na ética. Na terceira parte, argumento que o prescritivismo universal proposto por R. M. Hare avança na solução dos problemas do emotivismo, porque amplia o papel da razão na ética, e na solução dos problemas do descritivismo, porque compreende a função dos juízos morais na (...) linguagem ordinária. The first part of this article argues that descriptivism as proposed by Moritz Schlick does not correctly understand the function of moral judgements. The second part argues that emotivism does not provide an adequate explanation of the role of reason in ethics. Finally, the article shows how the universal prescriptivism proposed by R. M. Hare furthers the solution of the problems of emotivism, since it extends the role of reason in ethics and in the resolution of the problems of descriptivism, given that it understands the function of moral judgements in ordinary language. (shrink)

I articulate the challenge disagreement poses for epistemic contextualism, and then discuss several possible replies on behalf of the contextualist.

Motivational internalism is the thesis that captures the commonplace thought that moral judgements are necessarily motivationally efficacious. But this thesis appears to be in tension with another aspect of our ordinary moral experience. Proponents of the contrast thesis, motivational externalism, cite everyday examples of amoralism to demonstrate that it is conceptually possible to be completely unmoved by what seem to be sincere first-person moral judgements. This paper argues that the challenge of amoralism gives us no reason to reject or modify (...) motivational internalism. Instead of attempting to diagnose the motivational failure of the amoral agent or restrict the internalist thesis in the face of these examples, I argue that we should critically examine the assumptions that underlie the challenge. Such an examination reveals that the examples smuggle in substantive assumptions that the internalist has no reason to accept. This argument has two important implications for the debate in moral motivation: first, it reveals that the motivational externalist needs a new argumentative strategy; and second, it shows that there is nothing especially problematic about a formulation of the thesis that captures the core internalist intuition that first-person moral judgements are necessarily accompanied by motivation. (shrink)

The recent, influential Social Intuitionist Model of moral judgment (Haidt, Psychological Review 108, 814–834, 2001) proposes a primary role for fast, automatic and affectively charged moral intuitions in the formation of moral judgments. Haidt’s research challenges our normative conception of ourselves as agents capable of grasping and responding to reasons. We argue that there can be no ‘real’ moral judgments in the absence of a capacity for reflective shaping and endorsement of moral judgments. However, we suggest that the empirical literature (...) indicates a complex interplay between automatic and deliberative mental processes in moral judgment formation, with the latter constraining the expression and influence of moral intuitions. We therefore conclude that the psychological literature supports a normative conception of agency. (shrink)

In this paper we present an analysis of persuasive definition based on argumentation schemes. Using the medieval notion of differentia and the traditional approach to topics, we explain the persuasiveness of emotive terms in persuasive definitions by applying the argumentation schemes for argument from classification and argument from values. Persuasive definitions, we hold, are persuasive because their goal is to modify the emotive meaning denotation of a persuasive term in a way that contains an implicit argument from values. However, our (...) theory is different from Stevenson’s, a positivistic view that sees emotive meaning as subjective, and defines it as a behavioral effect. Our proposal is to treat the persuasiveness produced by the use of emotive words and persuasive definitions as due to implicit arguments that an interlocutor may not be aware of. We use congruence theory to provide the linguistic framework for connecting a term with the function it is supposed to play in a text. Our account allows us to distinguish between conflicts of values and conflicts of classifications. (shrink)

The book offers a proposal on how to define truth in all its complexity, without reductionism, showing at the same time which questions a theory of truth has to answer and which questions, although related to truth, do not belong within the scope of such a theory. Just like any other theory, a theory of truth has its structure and limits. The semantic core of the position is that truth-ascriptions are pro-forms, i.e. natural language propositional variables. The book also offers (...) an explanation of the syntactic behaviour of truth-terms, and the pragmatic roles of truth-acts. The theory of truth we present is a technical proposal, relatively uncontaminated by radical philosophical discussion. It makes indeed philosophical points, but it is intended to be a conceptual analysis, as neutral as possible, of the aspects that may serve as a point of departure for more philosophically-laden destinations. Like the Fregean account of quantifiers, which is prior to and, to a large extent, independent of the metaphysical debate about existence and its forms, or the Kaplanian view on demonstratives, that is neutral regarding the debate about individuals and the possibilities we have to actually “reach” them in a referring act, we intend our proposal about truth to be a sophisticated and explicative setting that helps to situate other debates about truth accurately, far from the distorted and sometimes strongly ideological discussions that have turned the topic into a paradigm of philosophical impasse. (shrink)

I present and defend (1) an account of ethical judgments as judgments about our reasons to feel specific motivationally laden attitudes, (2) an account of what an agent should do in terms of what would achieve ends that she has reason to be motivated to pursue, and (3) an account of an agent’s reasons for motivation (and thus action) in terms of the prescriptions of the most fundamental principles that guide her deliberations. Using these accounts, I explain the connection between (...) ethics and reasons for action, how ethical judgments are both descriptive and intrinsically motivating, and how ethical facts arise from facts about agents’ deliberations. (shrink)

Metaethics, understood as a distinct branch of ethics, is often traced to G. E. Moore's 1903 classic, Principia Ethica. Whereas normative ethics is concerned to answer first order moral questions about what is good and bad, right and wrong, metaethics is concerned to answer second order non-moral questions about the semantics, metaphysics, and epistemology of moral thought and discourse. Moore has continued to exert a powerful influence, and the sixteen essays here represent the most up-to-date work in metaethics after, and (...) in some cases directly inspired by, the work of Moore. (shrink)

Frege-Geach worries about embedding and composition have plagued metaethical theories like emotivism, prescriptivism and expressivism. The sharpened point of such criticism has come to focus on whether negation and inconsistency have to be understood in descriptivist terms. Because they reject descriptivism, these theories must offer a non-standard account of the meanings of ethical and normative sentences as well as related semantic facts, such as why certain sentences are inconsistent with each other. This paper fills out such a solution to the (...) negation problems, following some of the original emotivist ideas about the interplay of interests in conversation. We communicate both to share information and coordinate our actions, and we use distinctively normative language like deontic ‘must’ and ‘may’ to negotiate what people are to do. The kinds of disagreement involved in such negotiation can illuminate the issues with negation and inconsistency. This paper outlines a dynamic semantic system in which these ideas can bear fruit, developing the scorekeeping model of conversation. The result is clarification about what Frege-Geach worries can mean for nondescriptive semantics. (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)

We commonly attribute to states and other institutional organizations moral duties and obligations. For example, it is widely held that the state has a moral duty to protect its citizens from external threats and it is claimed that it ought to positively promote the welfare of its members. When we focus on the surface grammar of such institutional duty-claims, we see that they seem to differ from individual duty-claims only with respect to the subject of the claim. Whereas an institutional (...) duty-claim asserts that an institution has a duty to do some action a, an individual duty-claim asserts that a particular individual person has a duty to a. For example, we might claim that parents ought to protect their children, or that a particular person, Doe, ought to take better care of his child. Many scholars have argued or at least assumed that institutions are ultimately just collections of individuals, and hence institutional duty-claims can be analyzed in terms of claims about individuals' duties and obligations. Other scholars have rejected this reductive approach to institutional duty-claims as well as the individualist assumption upon which it is premised--viz., that institutions are nothing "over and above" individuals. Instead, it is argued that at least some institutional organizations are moral agents in their own right which have duties and obligations that are uniquely their own. According to this antireductive holist approach, at least some institutional duty-claims resist being analyzed into claims about individuals' duties and obligations. My aim in this dissertation is to clarify what is meant when we assert that the state has moral duties, and I do so by entering into dialogue with both the reductive individualist and antireductive holist views. In Chapter One I situate and motivate my project by reference to two well-known debates in which claims about the state's duties play an inescapably central role; viz., the debate concerning the propriety of using so-called "enhanced interrogation techniques" in the War on Terror and the debate surrounding the most recent reforms to the health care system here in the United States. Since my aim is to shed light on the meaning of and truth-makers for institutional duty-claims, I devote Chapter Two to the task of clarifying what we mean and imply when we advance duty-claims in what we may assume to be paradigmatic circumstances: namely, those circumstances in which an individual is said to have a duty to do something or another. I then frame the further investigation into the meaning and significance of institutional duty-claims as one which has the aim of revealing whether the phrase 'has a duty' has a univocal, analogous, or equivocal signification across institutional and individual contexts. In Chapter Three I take up the task of characterizing and distinguishing the relevant reductive individualist and antireductive holist viewpoints, considering both historically significant and contemporary versions of each. In Chapter Four I present and critically evaluate a rather influential argument in favor of institutional moral agency, which, if true, would vindicate the antireductive holist approach. I conclude that chapter by arguing that, contrary to the claims made by those who defend institutional agency, we are unjustified in believing that institutions possess those properties requisite for moral agency. Having set aside what I take to be a "best-case" for an antireductive holism, I turn, in Chapter Five, to the task of making plausible the reductive individualist approach. In doing so, I propose that some institutional duty-claims actually resist reduction to claims about individuals' duties and that such claims are thus better understood as claims about the extrinsic value of an institutional arrangement. (shrink)

After offering a characterization of what unites versions of ‘expressivism’, we highlight a number of dimensions along which expressivist views should be distinguished. We then separate four theses often associated with expressivism – a positive expressivist thesis, a positive constitutivist thesis, a negative ontological thesis, and a negative semantic thesis – and describe how traditional expressivists have attempted to incorporate them. We argue that expressivism in its traditional form may be fatally flawed, but that expressivists nonetheless have the resources for (...) preserving what is essential to their view. These resources comprise a re-configuring of expressivism, the result of which is the view we call ‘neo-expressivism’. After illustrating how the neo-expressivist model works in the case of avowals and ethical claims, we explain how it avoids the problems of traditional expressivism. (shrink)

The idea that there can be cases of faultless disagreement, cases of disagreement in which neither party is making a mistake, is frequently discussed in connection with relativist views in philosophy of language. My goal is to argue that we can make sense of faultless disagreement without being committed to any form of relativism if we recognise that disagreement sometimes involves attitudes other than belief, such as desires or preferences. Furthermore, this way of making sense of faultless disagreement allows us (...) to avoid some of the problems that have been raised in connection with relativist accounts of faultless disagreement. (shrink)

What motivates the benevolent or charitable agent is regard for another’s good or well-being, but talk about regard for others’ good or well- being is simply talk about benevolence or charity in different terms. Yet Hume clearly holds that the regard for another’s good is a motive to produce benevolent acts that is distinct from a sense of their benevolence. So what is the difference? ‘Well’, one might say, ‘intuitively, rights are very different from wellbeing.’ Yes indeed. And that, I (...) shall contend, is Hume’s point. My general contention is that Hume’s discussion of justice is in fact an attack on that concept of rights we think of as having motivated the American and French revolutions, a concept that is still (deplorably in my view) prevalent. I think the very fact that it is so prevalent and so sanctified by its position in the American Constitution has blinded most readers to the power and plausibility of Hume’s attack, which I shall try to defend. (shrink)

In this paper, I hope to provide an account of the conditions of moral realism whereby there are still significant metaphysical commitments made by the realist which set the view apart as a distinct position in the contemporary meta-ethical landscape. In order to do so, I will be appealing to a general account of what it is for realism to be true in any domain of experience, whether it be realism about universals, realism about unobservable scientific entities, realism about artifacts, (...) and so forth. (shrink)

In recent years it has become more and more difficult to distinguish between metaethical cognitivism and non-cognitivism. For example, proponents of the minimalist theory of truth hold that moral claims need not express beliefs in order to be (minimally) truth-apt, and yet some of these proponents still reject the traditional cognitivist analysis of moral language and thought. Thus, the dispute in metaethics between cognitivists and non-cognitivists has come to be seen as a dispute over the correct way to characterize our (...) psychology: are moral judgments beliefs, or a kind of pro-attitude? In this paper, I argue that this distinction, too, is difficult to maintain in the light of a reasonable skepticism about folk psychology. I conclude by suggesting some new possibilities for the analysis of moral language that look beyond this distinction. I begin by briefly reviewing some contemporary positions in metaethics on cognitivism and non-cognitivism, that are intended to emphasize the supposed psychological differences between the two views. I show that the appearance of a clear difference between these views depends on one's having a very strong commitment to the context-independence and completeness of certain concepts of folk psychology. I then argue for a moderate skepticism about folk psychology. I conclude that folk concepts like ?belief? are not sufficiently well-defined to settle this metaethical dispute. (shrink)

Thesis (M.A.)--University of Hawaii at Manoa, 2005.

Ethical disputes arise over differences in the content of the ethical beliefs people hold on either side of an issue. One person may believe that it is wrong to have an abortion for financial reasons, whereas another may believe it to be permissible. But, the magnitude and difficulty of such disputes may also depend on other properties of the ethical beliefs in question—in particular, how objective they are perceived to be. As a psychological property of moral belief, objectivity is relatively (...) unexplored, and we argue that it merits more attention. We review recent psychological evidence which demonstrates that individuals differ in the extent to which they perceive ethical beliefs to be objective, that some ethical beliefs are perceived to be more objective than others, and that both these sources of variance are somewhat systematic. This evidence also shows that differences in perceptions of objectivity underpin quite different psychological reactions to ethical disagreement. Apart from reviewing this evidence, our aim in this paper is to draw attention to unanswered psychological questions about moral objectivity, and to discuss the relevance of moral objectivity to two issues of public policy. (shrink)

(No abstract is available for this citation).

Argues that emotivism is compatible with cases where we seem to lack motivation to act according to our moral opinions.

I argue in this article (i) that Karl Olivecrona's legal philosophy, especially the critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, is a significant contribution to twentieth century legal philosophy. I also argue (ii) that Olivecrona fails to substantiate some of his most important empirical claims, and (iii) that the distinction espoused by Olivecrona between the truth and (...) the correctness of legal statements is problematic but not needed in Olivecrona's legal philosophy. (shrink)

Eliminative functionalism is the view that mental attributes, of humans and other machines, consist ultimately in behavioural abilities or dispositions. Hence, ‘Strong AI’: if a machine consistently acts as if it were fully conscious, then conscious it is. From these assumptions, optimistic futurists have derived a variety of remarkable visions of our ‘post-human’ future; from widely-recognised ‘robot rights’ to ‘mind uploading’, immortality, ‘apotheosis’ and beyond. It is argued here, however, that eliminative functionalism is false; for at least on our present (...) knowledge, the subjectively qualitative characteristics of conscious experience are neither deducible from, nor logically required to generate, the performance of any sort of overtly ‘intelligent’, or indeed, characteristically human behaviour. Thus, a machine could easily be designed to report awareness of phenomenal qualities, without necessarily possessing them; and Alan Turing’s ‘Imitation Game’ test for artificial thinking is unable to determine whether or not a machine is sentient. An alternative test is proposed, in which the machine is asked phenomenological questions under conditions designed to detect any form of cheating—whilst also, potentially revealing evidence for the occurrence of genuine qualitative experience. (shrink)