The reasonable person standard is key to both Criminal Law and Torts. What does and does not count as reasonable behavior and decision-making is frequently deter- mined by lay jurors. Hence, laypeople’s understanding of the term must be considered, especially whether they use it predominately in an evaluative fashion. In this corpus study based on supervised machine learning models, we investigate whether laypeople use the expression ‘reasonable’ mainly as a descriptive, an evaluative, or merely a value-associated term. We find that (...) ‘reasonable’ is predicted to be an evaluative term in the majority of cases. This supports prescriptive accounts, and challenges descriptive and hybrid accounts of the term—at least given the way we operationalize the latter. Interestingly, other expressions often used interchangeably in jury instructions (e.g. ‘careful,’ ‘ordinary,’ ‘prudent,’ etc), however, are predicted to be descriptive. This indicates a discrepancy between the intended use of the term ‘reasonable’ and the understanding lay jurors might bring into the court room. (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)

Some of philosophy's most central concepts, including art, friendship, and happiness, have been argued to be dual character concepts. Their main characteristic is that they encode not only a descriptive dimension but also an independent normative dimension for categorization. This article introduces the class of dual character concepts and discusses various accounts of their content and structure. A specific focus will be placed on their relation to two other classes of concepts, thick concepts and natural kind concepts. The study of (...) dual character concepts not only demonstrates that a wide range of concepts is inherently normative, but it also reveals new possibilities for investigating gender biases, generics, and social roles. (shrink)

In the recent metaethical literature there has been significant interest in the prospects for what I am denoting ‘Perceptual Intuitionism’: the view that normal ethical agents can and do have non-inferential justification for first-order ethical beliefs by having ethical perceptual experiences, e.g., Cullison 2010, McBrayer 2010, Vayrynen 2008. If true, it promises to constitute an independent a posteriori intuitionist epistemology, providing an alternative to intuitionist accounts which posit a priori intuition and/or emotion as sources of non-inferentially justified ethical beliefs. As (...) it is formulated, it is plausible that a necessary con- dition for the view is the truth of Ethical Perception: normal ethical agents can and do have perceptual experiences as of the instantiation of ethical properties. In this paper a sophisticated and promising account of Ethical Perception is offered. Extant objections are shown to fail. However, it will be argued that it is far from obvious that the account of Perceptual Intuitionism which emerges constitutes an independent alternative to other intuitionist accounts. This is because we have reason to think that ethical perceptual experience may be epistemically dependent on other epistemic sources, e.g. a priori intuition or emotion. (shrink)

A term expresses a thick concept if it expresses a specific evaluative concept that is also substantially descriptive. It is a matter of debate how this rough account should be unpacked, but examples can help to convey the basic idea. Thick concepts are often illustrated with virtue concepts like courageous and generous, action concepts like murder and betray, epistemic concepts like dogmatic and wise, and aesthetic concepts like gaudy and brilliant. These concepts seem to be evaluative, unlike purely descriptive concepts (...) such as red and water. But they also seem different from general evaluative concepts. In particular, thick concepts are typically contrasted with thin concepts like good, wrong, permissible, and ought, which are general evaluative concepts that do not seem substantially descriptive. When Jane says that Max is good, she appears to be evaluating him without providing much description, if any. Thick concepts, on the other hand, are evaluative and substantially descriptive at the same time. For instance, when Max says that Jane is courageous, he seems to be doing two things: evaluating her positively and describing her as willing to face risk. Because of their descriptiveness, thick concepts are especially good candidates for evaluative concepts that pick out properties in the world. Thus they provide an avenue for thinking about ethical claims as being about the world in the same way as descriptive claims. -/- Thick concepts became a focal point in ethics during the second half of the twentieth century. At that time, discussions of thick concepts began to emerge in response to certain disagreements about thin concepts. For example, in twentieth-century ethics, consequentialists and deontologists hotly debated various accounts of good and right. It was also claimed by non-cognitivists and error-theorists that these thin concepts do not correspond to any properties in the world. Dissatisfaction with these viewpoints prompted many ethicists to consider the implications of thick concepts. The notion of a thick concept was thought to provide insight into meta-ethical questions such as whether there is a fact-value distinction, whether there are ethical truths, and, if there are such truths, whether these truths are objective. Some ethicists also theorized about the role that thick concepts can play in normative ethics, such as in virtue theory. By the beginning of the twenty-first century, the interest in thick concepts had spread to other philosophical disciplines such as epistemology, aesthetics, metaphysics, moral psychology, and the philosophy of law. -/- Nevertheless, the emerging interest in thick concepts has sparked debates over many questions: How exactly are thick concepts evaluative? How do they combine evaluation and description? How are thick concepts related to thin concepts? And do thick concepts have the sort of significance commonly attributed to them? This article surveys various attempts at answering these questions. (shrink)

[First published 09/2016; substantive revision 02/2021.] Evaluative terms and concepts are often divided into “thin” and “thick”. We don’t evaluate actions and persons merely as good or bad, or right or wrong, but also as kind, courageous, tactful, selfish, boorish, and cruel. The latter evaluative concepts are "descriptively thick": their application somehow involves both evaluation and a substantial amount of non-evaluative description. This article surveys various attempts to answer four fundamental questions about thick terms and concepts. (1) A “combination question”: (...) how exactly do thick terms and concepts relate evaluation and non-evaluative description? (2) A “location question”: is evaluation somehow inherent to thick terms and concepts, such as perhaps an aspect of their meaning, or merely a feature of their use? (3) A “delineation question”: how do thick terms differ from the thin and from other kinds of evaluative terms? (4) Given answers to these questions, what broader philosophical significance and applications might thick concepts have? (shrink)

Evaluative concepts and emotions appear closely connected. According to a prominent account, this relation can be expressed by propositions of the form ‘something is admirable if and only if feeling admiration is appropriate in response to it’. The first section discusses various interpretations of such ‘Value-Emotion Equivalences’, for example the Fitting Attitude Analysis, and it offers a plausible way to read them. The main virtue of the proposed way to read them is that it is well-supported by a promising account (...) of emotions, namely the Perceptual Theory of Emotions, which emphasises the analogies between emotions and sensory perceptual experiences. The second section considers a worry about whether concepts such as admirable are really evaluative. It is maintained that even though the arguments used to show that thick terms and concepts are not inherently evaluative can be transposed to affective concepts, these arguments can be resisted. So there is no need to abandon the intuitive claim that affective concepts are inherently evaluative. (shrink)

In ethics, aesthetics and increasingly in epistemology, a distinction is drawn between thick and thin evaluative concepts. A common characterisation of the distinction is that thin concepts have only evaluative content, whereas thick concepts combine evaluative and descriptive content. Because of this combination, it is again commonly thought that thick concepts have various distinctive powers including the power to undermine the distinction between fact and value. This paper discusses the accuracy of this view of the thick concepts debate, as well (...) as assessing the prospects for a thick concepts argument against the fact value distinction, while introducing the three main philosophical positions on the nature of thick concepts. (shrink)

Douglas Walton’s multitudinous contributions to the study of argumentation seldom, if ever, directly engage with argumentation in mathematics. Nonetheless, several of the innovations with which he is most closely associated lend themselves to improving our understanding of mathematical arguments. I concentrate on two such innovations: dialogue types (§1) and argumentation schemes (§2). I argue that both devices are much more applicable to mathematical reasoning than may be commonly supposed.

This paper is about paradigmatic slurs, i.e. expressions that are prima facie associated with the expression of a contemptuous attitude concerning a group of people identified in terms of its origin or descent, race, sexual orientation, ethnia or religion, gender, etc. Our purpose is twofold: explaining their expressive meaning dimension in terms of a version of stereotype semantics and analysing their original and most typical uses as insults, which will be called with a neologism ‘insultive’, in terms of a speech (...) act theory. (shrink)

In recent discussions of the so-called “value of truth,” it is assumed that what is valuable in the relevant way is not the things that are true, but only various states and activities associated with those things: knowing them, investigating them, etc. I consider all the arguments I know of for this assumption, and argue that none provide good reason to accept it. By examining these arguments, we gain a better appreciation of what the value of the things that are (...) true would be, and why it would matter. We also encounter three indications that what is true really is valuable, each of which provides a promising starting point for a serious argument with that conclusion. (shrink)