We accomplish three things in this paper. First, we provide evidence that the motivational internalism/externalism debate in moral psychology could be a false dichotomy born of ambiguity. Second, we provide further evidence for a crucial distinction between two different categories of belief in folk psychology: thick belief and thin belief. Third, we demonstrate how careful attention to deep features of folk psychology can help diagnose and defuse seemingly intractable philosophical disagreement in metaethics.

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)

Many philosophers think that normative judgements do not aim to represent the world. In this paper, I argue that this view is incompatible with the thought that when two people make conflicting normative judgements, at most one of these judgements is correct. I argue that this shows that normative judgements do aim to represent the world.

Allan Gibbard maintains that his plan-based expressivism allows for a particular type of innocent mistake: I can agree that your plan to X makes sense (say, because it was based on advice from someone you trust), while nonetheless insisting that it is incorrect (e.g., because you chose a bad advisor). However, Steve Daskal has recently argued that there are significant limitations in Gibbard’s account of how we can be mistaken about the normative judgments we make. This essay refines Gibbard’s account (...) in order to show--contra Daskal--that expressivists can deliver a surprisingly robust form of normative objectivity. (shrink)

This paper investigates the nature of scientific realism. I begin by considering the anomalous fact that Bas van Fraassen’s account of scientific realism is strikingly similar to Arthur Fine’s account of scientific non-realism. To resolve this puzzle, I demonstrate how the two theorists understand the nature of truth and its connection to ontology, and how that informs their conception of the realism debate. I then argue that the debate is much better captured by the theory of truthmaking, and not by (...) any particular theory of truth. To be a scientific realist is to adopt a realism-relevant account of what makes true the scientific theories one accepts. The truthmaking approach restores realism’s metaphysical core—distancing itself from linguistic conceptions of the debate—and thereby offers a better characterization of what is at stake in the question of scientific realism. (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)

There are various ways in which context matters in ethics. Most clearly, the context in which an action is performed might determine whether the action is morally right: though it is often wrong not to keep a promise, it might be permissible in certain contexts. More radically, proponents of moral particularism (see particularism) have argued that a reason for an action in one context is not guaranteed to be a reason in a different context: whether it is a reason against (...) an act that it breaks a promise or inflicts pain might depend on the particulars of the situation. In moral epistemology, Timmons (1999: Ch. 5) argues that whether a moral judgment is epistemically responsible depends both on the basic moral outlook of the moral judge and on whether the context of judgment is one of engaged moral thinking, or one of distanced, skeptical reflection. In the former, the judge’s basic moral outlook can serve to justify the judgment; not so in the latter (see epistemology, moral). -/- Our focus here, however, will be on forms of metaethical, and more precisely semantic, contextualism in moral discourse and moral thinking. According to these forms of contextualism (henceforth “metaethical contextualism,” or just “contextualism”), the meaning or truth-conditions of a moral judgment depend not only on the properties of the act it concerns, but also on features of the context in which the judgment is made, such as the standards endorsed by the moral judge or the parties of the conversation. If metaethical contextualism is correct, it might be that when two persons judge that abortions must be banned, one person’s judgment might be true whereas the other person’s is false, because they accept different fundamental norms. This would undermine the idea that there are objectively correct answers to moral questions. -/- Metaethical contextualism is supported from three directions. First, what is expressed by terms such as “good” and “ought” seems to be context-dependent when used outside ethics, being dependent on a variety of interests and concerns. One might therefore expect similar context dependence when these terms are used to express moral judgments, assuming a corresponding variety of interests and concerns in moral contexts. Second, many have thought that deep moral disagree- ments suggest that the interests and concerns behind moral judgments do vary in this way. Finally, contextualism promises to make sense of what seems to be an intrinsic yet defeasible connection between moral judgments and moral motivation, by tying the meaning or truth-conditions of moral judgments closely to interests and concerns of moral judges. At the same time, contextualism faces two broad kinds of problems: to make sense of the seemingly categorical or objective preten- sions of moral claims, and to explain why the parties to deep moral disagreement often behave as if they were disagreeing about substantive issues rather than talking past each other. In the sections that follow, we look closer at both sources of support and problems for contextualism. (shrink)

Reviews work on moral judgment motivational internalism from the last two decades.

I argue that there is a continuum of judgments ranging from those that are affectively rich, what might be called passionate judgments, to those that are purely cognitive and nonaffective, what might be called dispassionate judgments. The former are akin to desires and other affective states and so are necessarily motivating. Applying this schema to moral judgments, I maintain that the motivational internalist is wrong in claiming that all moral judgments are necessarily motivating, but right in regard to the subset (...) of passionate moral judgments. This picture of moral judgments has implications for related debates in metaethics between cognitivists and non-cognitivists and between Humeans and anti-Humeans. (shrink)

According to some proponents of an empirical medical ethics, medical ethics should take the experience, insights, and arguments of doctors and other medical practitioners as their point of departure. Medical practitioners are supposed to have ‘moral wisdom.’ In this view, the moral beliefs of medical practitioners have a special status. In sections I-IV, I discuss two possible defences of such a status. The first defence is based on the special status of the moral beliefs of the health professional as an (...) expert in medical ethics, and the second defence on the special status of the health professional’s moral beliefs as a practitioner. The first defence is built up around the opposition between experts and laypersons, while the second defence rests on the opposition between practitioners and theorists. In sections V and VI, I examine the interrelations between empirical ethics and anti-theory in ethics. Some regard empirical ethics as a laudable alternative to theory-driven normative ethics. I explore their objections against ethical theory and ethical theorising, and conclude that they are not valid. In the last section, VII, I discuss the role of ethicists in medical practice. (shrink)

The main aim of this thesis is to defend moral realism. In chapter 1, I argue that moral realism is best understood as the view that moral sentences have truth-value, there are moral properties that make some moral sentences true, and moral properties are not reducible to non- moral properties. Realism is contrasted with non-cognitivism, error-theory and reductionism, which, in brief, deny, and, respectively. In the introductory chapter, it is also argued that there are some prima facie reasons to assume (...) that non-cognitivism and error-theory are erroneous. In chapters 2 and 3, I suggest that the two main forms of reductionism, analytic and synthetic reductionism, are mistaken. In chapter 4, I argue that the considerations in the previous chapters in relation to non-cognitivism, error-theory and reductionism provide support to moral realism. It is also suggested that these considerations make it plausible to hypothesise that moral properties depend on non- moral properties in a way I refer to as ‘the realist formula’. The realist formula confirms moral realism since it implies that moral properties are not reducible to non- moral properties. In chapters 5, 6 and 7, I argue that moral realism, much owing to the realist formula, is able to explain significant meta-ethical issues regarding moral disagreement, moral reason and moral motivation. Among other things, externalism concerning moral motivation is defended. The explanatory value of moral realism in relation to these meta-ethical issues is taken to suggest that this view is preferable to non-cognitivism, error-theory and reductionism. Some of the meta-ethical issues discussed in these chapters, particularly moral disagreement and motivation, have been thought to provide support to non-cognitivism and error-theory. I maintain that since realism, unlike reductionism, is able to counter these arguments, it justifies us in upholding the view that moral sentences have truth-value and the view that there are moral properties. In chapter 8, various objections against realism with regard to the dependence of moral properties on non- moral properties are responded to. In chapter 9, I consider an influential argument to the effect that moral properties are not involved in causal explanations. I maintain that this argument fails and that it therefore is reasonable to assume that moral properties are natural properties. However, the discussions in chapters 8 and 9 also suggest that moral realism might face problems that cannot be thoroughly discussed in this thesis. (shrink)

Survey of some recent literature on normativity, including nonreductionist, neo-Aristotelian, neo-Humean, expressivist, and constructivist views.

In medical ethics, business ethics, and some branches of political philosophy (multi-culturalism, issues of just allocation, and equitable distribution) the literature increasingly combines insights from ethics and the social sciences. Some authors in medical ethics even speak of a new phase in the history of ethics, hailing "empirical ethics" as a logical next step in the development of practical ethics after the turn to "applied ethics." The name empirical ethics is ill-chosen because of its associations with "descriptive ethics." Unlike descriptive (...) ethics, however, empirical ethics aims to be both descriptive and normative. The first question on which I focus is what kind of empirical research is used by empirical ethics and for which purposes. I argue that the ultimate aim of all empirical ethics is to improve the context-sensitivity of ethics. The second question is whether empirical ethics is essentially connected with specific positions in meta-ethics. I show that in some kinds of meta-ethical theories, which I categorize as broad contextualist theories, there is an intrinsic need for connecting normative ethics with empirical social research. But context-sensitivity is a goal that can be aimed for from any meta-ethical position. (shrink)

This paper examines the empirical and armchair evidence concerning the practical profiles of normative judgments. It then argues that the theory of normative judgment that best explains these practical profiles is a version of cognitivism: subjectivism. The preferred version says, roughly, i) each normative predicate is conventionally associated with a certain conative attitude, and ii) for S to judge that x has normative status N is for S to judge that x has a property picked out by the conative attitude (...) associated with N. In short, having a normative judgment about x semantically necessitates having a conative attitude toward x's properties, to be contrasted with conceptual necessitation, metaphysical necessitation, rational necessitation, etiological necessitation, and other flavors of necessitation. (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)

I argue that moral judgement is a natural kind on the grounds that it plays a causal/explanatory role in psychological generalizations. I then develop an empirically grounded theory of its identity as a natural kind. I argue that moral judgement is a hybrid state of moral belief and moral emotion. This hybrid theory supports the role of moral judgement in explanations of reasoning and action and also supports its role in a dual process model of moral cognition. Although it is (...) composed of moral belief and moral emotion, moral judgement is unified, like other natural kinds, in virtue of underlying mechanisms that generate homeostasis among its components. Finally, this theory about the unity of moral judgement resolves a longstanding puzzle about moral motivation. The view explains how it is that moral judgements motivate all on their own but not all the time. (shrink)

J. L. Mackie famously argued that a commitment to non-existent objective values permeates ordinary moral thought and discourse. According to a standard interpretation, Mackie construed this commitment as a universal and indeed essential feature of moral judgments. In this paper I argue that we should rather ascribe to Mackie a form of semantic pluralism, according to which not all moral judgments involve the commitment to objective values. This interpretation not only makes better sense of what Mackie actually says, but also (...) renders his error theory immune to a powerful objection. (shrink)

The unconditional version of motivational internalism says that if an agent sincerely judges that to φ in circumstances C is the best option available to her, then, as a matter of conceptual necessity, she will be motivated to φ in C. This position faces a powerful counterargument according to which it is possible for various cases of practical irrationality to completely defeat an agent’s moral motivation while, at the same time, leaving her appreciation of her moral reasons intact. In this (...) paper, I will argue that weakness of will, as the paradigmatic case of practical irrationality, and all other cases of practical irrationality that feature in standard formulations of this argument do not represent genuine counterexamples to this version of motivational internalism. In this sense, the main aim of this paper is to show that proponents of this internalist position are well justified in their denial of the claim that there are people who are completely unmotivated by their judgments about what is the best option available to them. (shrink)

Do psychopaths make moral judgments but lack motivation? Or are psychopaths’ judgments are not genuinely moral? Both sides of this debate seem to assume either externalist or internalist criteria for the presence of moral judgment. However, if moral judgment is a natural kind, we can arrive at a theory-neutral criterion for moral judgment. A leading naturalistic criterion suggests that psychopaths have an impaired capacity for moral judgment; the capacity is neither fully present nor fully absent. Psychopaths are therefore not counterexamples (...) to internalism. Nonetheless, internalism is empirically problematic because it is unable to explain psychopaths’ moral deficits. (shrink)

Externalists argue that motivation is external to moral judgments on the grounds that people can be unmoved by their moral judgments. I reply that people sometimes act indifferently to their moral considerations not because their moral judgments lack motivation but because their moral judgments are obstructed by rival desires. It appears that the moral motivation wanes while the moral judgments linger. In reality, however, the moral motivation is only made inconspicuous by the motivation of the opposing desires. A moral judgment (...) is subject to obstruction just like an emotive judgment and a gustatory judgment. (shrink)

This dissertation is a critique of synthetic ethical naturalism (SEN). SEN is a view in metaethics that comprises three key theses: first, there are moral properties and facts that are independent of the beliefs and attitudes of moral appraisers (moral realism); second, moral properties and facts are identical to (or constituted only by) natural properties and facts (ethical naturalism); and third, sentences used to assert identity or constitution relations between moral and natural properties are expressions of synthetic, a posteriori necessities. (...) The last of these theses, which distinguishes SEN from other forms of ethical naturalism, is supported by a fourth: the semantic contents of the central moral predicates such as 'morally right' and 'morally good' are fixed in part by features external to the minds of speakers (moral semantic externalism). Chapter 1 introduces SEN and discusses the most common motivations for accepting it. The next three chapters discuss the influential "Moral Twin Earth" argument against moral semantic externalism. In Chapter 2, I defend this argument from the charge that the thought experiment upon which it depends is defective. In Chapters 3 and 4, I consider two attempts to amend SEN so as to render it immune to the Moral Twin Earth argument. I show that each of these proposed amendments amounts to an abandonment of SEN. Chapter Five explores Richard Boyd's proposal that moral goodness is a "homeostatic property cluster." If true, Boyd's hypothesis could be used to support several metaphysical, epistemological, and semantic claims made on behalf of SEN. I advance three arguments against this account of moral goodness. In the sixth chapter, I argue that moral facts are not needed in the best a posteriori explanations of our moral beliefs and moral sensibility. Because of this, those who accept a metaphysical naturalism ought to deny the existence of such facts or else accept skepticism about moral knowledge. In Chapter 7, I consider a counterargument on behalf of SEN to the effect that moral facts are needed in order to explain the predictive success of our best moral theories. I show that this argument fails. (shrink)

A popular form of virtue epistemology—defended by such figures as Ernest Sosa, Linda Zagzebski and John Greco—holds that knowledge can be exclusively understood in virtue-theoretic terms. In particular, it holds that there isn't any need for an additional epistemic condition to deal with the problem posed by knowledge-undermining epistemic luck. It is argued that the sustainability of such a proposal is called into question by the possibility of epistemic twin earth cases. In particular, it is argued that such cases demonstrate (...) the need for virtue-theoretic accounts of knowledge to appeal to an independent epistemic condition which excludes knowledge-undermining epistemic luck. (shrink)

Expressivist views of an area of discourse encourage us to ask not about the nature of the relevant kinds of values but rather about the nature of the relevant kind of evaluations. Their answer to the latter question typically claims some interesting disanalogy between those kinds of evaluations and descriptions of the world. It does so in hope of providing traction against naturalism-inspired ontological and epistemological worries threatening more ‘realist’ positions. This is a familiar position regarding ethical discourse; however, some (...) authors have recently defended a similar view regarding epistemic discourse. Others have argued that epistemic expressivism faces special problems, not necessarily attaching to expressivism about other areas. Their arguments differ in interesting ways, but the common strategy is an attempt to show that the very sort of meta-epistemological theorizing needed to articulate and establish epistemic expressivism involves the epistemic expressivist in some sort of internal incoherence or self-defeat. That is, they think that articulating or defending the position requires implicit commitment to the negation of one of the positions core tenets. This paper responds to those arguments on behalf of epistemic expressivism, suggesting that they each misunderstand what is crucial to epistemic expressivism. By responding to these arguments, we hope to achieve more clarity about what epistemic expressivism is and why one might want to endorse it in a meta-epistemology. (shrink)

Terry Horgan and Mark Timmons have recently provided an updated presentation and defense of a metaethical view that they call cognitivist expressivism. Expressivists claim that moral judgments express propositional attitudes that do not represent or describe the external world. Horgan and Timmons agree with this claim, but they also deny the traditional expressivist claim that moral judgments do not express beliefs. On their view, moral judgments are genuine, truth-apt beliefs, thus making their form of expressivism a cognitivist one. In this (...) essay, I argue that Horgan and Timmons have failed to demonstrate that moral judgments express sui generis, nondescriptive content by showing that at least some moral content is descriptive. In addition, I show how the descriptivist can account for those properties that Horgan and Timmons consider distinctive of moral belief. In doing so, I remove one of the expressivist's most important lines of motivation for positing nondescriptive moral content in the first place. At the end of the essay, I briefly sketch a view that I call partial or modest moral realism. (shrink)

This is a paper about the problem of realism in meta-ethics (and, I hope, also in other areas, but that hope is so far pretty speculative). But it is not about the problem of whether realism is true. It is about the problem of what realism is. More specifically, it is about the question of what divides meta-ethical realists from irrealists. I start with a potted history of the Good Old Days.

In this paper, I analyzed the discussion on the principle of universalizability which took place in moral philosophy in 1970–1980s. In short, I see two main problems that attracted more attention than others. The first problem is an opposition of universalizability and generalization. M.G. Singer argued for generalization argument, and R.M. Hare defended universalizability thesis. Hare tried to refute Singer’s position, using methods of ordinary language philosophy, and claimed that in ethics generalization is useless and misleading. I have examined Singer’s (...) defense and concluded that he was right and Hare was mistaken. Consequently, generalization argument is better in clarification of the relationship between universality and morality than Hare’s doctrine of universalizability, and hence the universality of moral principles is not incompatible with the existence of exclusions. The second problem is the substantiation of the application of categorical imperative in the theory of relevant act descriptions and accurate understanding of the difference between maxims and non-maxims. In Generalization in Ethics, Singer drew attention to this theme and philosophers have proposed some suggestions to solve this problem. I describe ideas of H.J. Paton, H. Potter, O. O’Neill and M. Timmons. Paton coined the teleological-law theory. According to Potter, the best criterion for the relevant act descriptions is causal one. O’N eill suggested the inconsistency-of-intention theory. Timmons defended the causal-law theory. My claim is that the teleological-law theory and the causal-law theory fail to solve the relevant act descriptions problem and the causal criterion and the inconsistency-of-intention theory have their limits. From this, I conclude that these approaches cannot be the basis for clarifying the connection between universality and morality, in contrast to Singer’s approach, which, therefore, is better than others to clarify the nature of universality in morality. (shrink)

The existence of fundamental moral disagreements is a central problem for moral realism and has often been contrasted with an alleged absence of disagreement in mathematics. However, mathematicians do in fact disagree on fundamental questions, for example on which set-theoretic axioms are true, and some philosophers have argued that this increases the plausibility of moral vis-à-vis mathematical realism. I argue that the analogy between mathematical and moral disagreement is not as straightforward as those arguments present it. In particular, I argue (...) that pluralist accounts of mathematics render fundamental mathematical disagreements compatible with mathematical realism in a way in which moral disagreements and moral realism are not. 11. (shrink)

John Rawls’s 1980 Dewey Lectures are widely acknowledged to represent the locus classicus for contemporary discussions of moral constructivism. Nevertheless, few published works have engaged with the significant interpretive challenges one finds in these lectures, and those that have fail to offer a satisfactory reading of the view that Rawls presents there or the place the lectures occupy in the development of Rawls's thinking. Indeed, there is a surprising lack of consensus about how best to interpret the constructivism of these (...) lectures. In this paper, I argue that the constructivism presented in the Dewey Lectures is best understood as involving the view that moral truth is correspondence with procedurally-determined, stance-dependent facts. Employing Rawls’s discussion of rational intuitionism as a foil, I defend this reading against textual discrepancies from within the lectures, as well as those one finds across Rawls’s other works. In addition to settling interpretive disputes, I draw out the ways in which this understanding of Kantian constructivism fits within the broader comparative project in ‘moral theory’ that Rawls inherits from Sidgwick. (shrink)

This paper examines the concept of coherence and its role in legal reasoning. First, it identifies some problem areas confronting coherence theories of legal reasoning about both disputed questions of fact and disputed questions of law. Second, with a view to solving these problems, it proposes a coherence model of legal reasoning. The main tenet of this coherence model is that a belief about the law and the facts under dispute is justified if it is “optimally coherent,” that is, if (...) it is such that an epistemically responsible legal decision-maker would have accepted it as justified by virtue of its coherence in like circumstances. Last, looking beyond the coherence theory, the paper explores the implications of the version of legal coherentism proposed for a general theory of legal reasoning and rationality. (shrink)

The role normative ethics has in guiding action is unclear. Once moral theorists hoped that they could devise a decision procedure that would enable agents to solve difficult moral problems. Repeated attacks by anti-theorists seemingly dashed this hope. Although the dispute between moral theorists and anti-theorists rages no longer, no decisive victor has emerged. To determine how we ought to make moral decisions, I argue, we must first examine how we do decide in moral situations. Intuitionism correctly captures the essence (...) of the moral element in such situations, finding itself located somewhere between moral theory and anti-theory. In order that intuitionism may constitute an improvement over predecessors in normative ethics we must proceed with awareness of the limits imposed by the still dominant framework of modern moral theory. I argue that the deliberatively open system of intuitionism, interlocked in practice with prudential considerations, allows us to constructively move normative ethics beyond those limits. (shrink)

This paper addresses the “creeping minimalism” challenge to quasi-realist forms of expressivism by arguing that the solution suggested by Dreier doesn’t work and proposing an alternative solution based on the different inferential roles of ethical and descriptive judgments.

Terence Cuneo has recently argued that we have to be committed to the existence of epistemic facts insofar as they are indispensable to theorizing. Furthermore, he argues that the epistemic properties of these facts are inextricably ‘ontologically entangled’ with certain moral properties, such that there exist ‘moral-epistemic’ facts. Cuneo, therefore, concludes that moral realism is true. I argue that Cuneo’s appeal to the existence of moral-epistemic facts is problematic, even granting his argument for the existence of indispensable epistemic facts. I (...) conclude, therefore, that Cuneo’s argument fails to justify moral realism. (shrink)

In the contemporary metaethical debate, expressivist (Blackburn, Gibbard) and constructivist (Korsgaard, Street) views can be viewed as inspired by irrealist ideas from Hume and Kant respectively. One realist response to these contemporary irrealist views is to argue that they are inconsistent with obvious surface-level appearances of ordinary ethical thought and discourse, especially the fact that we talk and act as if there is ethical knowledge . In this paper, I explore some constructivist and expressivist options for responding to this objection. (...) My conclusion is that, although both constructivists and expressivists can capture other surface-level features of ethical thought and discourse, the possibility of ethical knowledge causes special problems for these versions of irrealism. I end with some comments about where I think irrealists should begin to look for a response to these special problems, which points, somewhat surprisingly, towards an alternative inferentialist form of irrealism about epistemic and ethical thought and discourse, which is inspired by Sellars. (shrink)

This paper discusses the place of philosophical naturalism in the philosophy of law, with special reference to Scandinavian Realism. Hägerström originated a non-cognitivist analysis of certain fundamental legal concepts, but he also proposed an error theory. The two approaches are incompatible, but were not always clearly distinguished. Among his followers, Olivecrona and Ross gradually abandoned the latter, at least from the late 1940s. Many accounts of their views are unclear, because the presence of these two kinds of analysis, their incompatibility, (...) and the gradual abandonment of one, has often been overlooked. A corollary of the discussion is that there are some important corrigenda in the entry “Naturalism in legal philosophy” in the Stanford Encyclopedia of Philosophy. (shrink)