It is natural to think that law ought not to be vague. After all, law is supposed to guide conduct, and vague law seems poorly suited to do that. Contrary to this common impression, however, a number of authors have argued that vagueness in the law is sometimes a good thing, because it is a means to achieving certain valuable legislative ends. In this article, I argue that many authors—including Timothy Endicott and Jeremy Waldron—wrongly associate vagueness with instrumental roles that (...) are really played by a closely related semantic phenomenon. (shrink)

I argue that the Ruth Chang’s Chaining Argument for her parity view of value incomparability trades illicitly on the vagueness of the predicate ‘is comparable with’. Chang is alert to this danger and argues that the predicate is not vague, but this defense does not succeed. The Chaining Argument also faces a dilemma. The predicate is either vague or precise. If it is vague, then the argument is most plausibly a sorites. If it is precise, then the argument is either (...) question begging or dialectically ineffective. I argue that no chaining-type argument can succeed. (shrink)

In this paper I explore the implications of moral vagueness (viz., the vagueness of moral predicates) for non-naturalist metaethical theories like those recently championed by Shafer-Landau, Parfit, and others. I characterise non-naturalism in terms of its commitment to 7 theses: Cognitivism, Correspondence, Atomism, Objectivism, Supervenience, Non-reductivism, and Rationalism. I start by offering a number of reasons for thinking that moral predicates are vague in the same way in which ‘red’, ‘tall’, and ‘heap’ are said to be. I then argue that (...) the moral non-naturalist seeking to countenance moral vagueness faces a dilemma: are moral properties vague, or perfectly sharp? On either horn of the dilemma, serious problems arise for some of the central tenets of non-naturalism: vague properties seem to threaten Objectivism, Supervenience, and Non-reductivism; on the other hand, sharp properties raise problems for Supervenience and Rationalism. The difficulties on each horn of the dilemma are real, and while they may not be insuperable, they do, at the very least, drastically limit the things non-naturalists can consistently say about moral properties, facts, and reasons. (shrink)

Moral Realism is a systematic defence of the idea that there are objective moral standards. Russ Shafer-Landau argues that there are moral principles that are true independently of what anyone, anywhere, happens to think of them. His central thesis, as well as the many novel supporting arguments used to defend it, will spark much controversy among those concerned with the foundations of ethics.

This paper argues for the existence of a fourth positive generic value relation that can hold between two items beyond ‘better than’, ‘worse than’, and ‘equally good’: namely ‘on a par’.

Challenging, with several powerful arguments, some of our deepest beliefs about rationality, morality, and personal identity, Parfit claims that we have a false view about our own nature. It is often rational to act against our own best interersts, he argues, and most of us have moral views that are self-defeating. We often act wrongly, although we know there will be no one with serious grounds for complaint, and when we consider future generations it is very hard to avoid conclusions (...) that most of us will find very disturbing. (shrink)

The Rachels–Temkin spectrum arguments against the transitivity of better than involve good or bad experiences, lives, or outcomes that vary along multiple dimensions—e.g., duration and intensity of pleasure or pain. This paper presents variations on these arguments involving combinations of good and bad experiences, which have even more radical implications than the violation of transitivity. These variations force opponents of transitivity to conclude that something good is worse than something that isn’t good, on pain of rejecting the good altogether. That (...) is impossible, so we must reject the spectrum arguments. (shrink)

In this paper we advance a new solution to Quinn’s puzzle of the self-torturer. The solution falls directly out of an application of the principle of instrumental reasoning to what we call “vague projects”, i.e., projects whose completion does not occur at any particular or definite point or moment. The resulting treatment of the puzzle extends our understanding of instrumental rationality to projects and ends that cannot be accommodated by orthodox theories of rational choice.

There may be as much philosophical controversy about how to distinguish naturalism from non-naturalism as there is about which view is correct. In spite of this widespread disagreement about the content of naturalism and non-naturalism there is considerable agreement about the status of certain historically influential philosophical accounts as non-naturalist. In particular, there is widespread agreement that G.E. Moore's account of goodness in.

This chapter explores the implications of moral vagueness for non-naturalist metaethical theories like those recently championed by Shafer-Landau, Parfit, and others. It characterizes non-naturalism in terms of its commitment to seven theses: Cognitivism, Correspondence, Atomism, Objectivism, Supervenience, Non-reductivism, and Rationalism. It starts by offering a number of reasons for thinking that moral predicates are vague in the same way in which “red,” “tall,” and “heap” are said to be. It then argues that the moral non-naturalist seeking to countenance moral vagueness (...) faces a dilemma: are moral properties vague, or perfectly sharp? On either horn of the dilemma, serious problems arise for some of the central tenets of non-naturalism: vague properties seem to threaten Objectivism, Supervenience, and Non-reductivism; on the other hand, sharp properties raise problems for Supervenience and Rationalism. The difficulties on each horn of the dilemma are real, and while they may not be insuperable, they do, at the very least, drastically limit the things non-naturalists can consistently say about moral properties, facts, and reasons. (shrink)

Larry Temkin famously argues that what he calls spectrum arguments yield strong reason to reject Transitivity, according to which the ‘all-things-considered better than’ relation is transitive. Spectrum arguments do reveal that the conjunctions of independently plausible claims are inconsistent with Transitivity. But I argue that there is very strong independent reason to reject such conjunctions of claims, and thus that the fact that they are inconsistent with Transitivity does not yield strong reason to reject Transitivity.

Vagueness leads to indeterminacies in the application of the law in many cases. This book responds to the challenges that those indeterminacies pose to a theory of law and adjudication. The book puts controversies in legal theory in a new light, using arguments in the philosophy of language to offer an explanation of the unclarities that arise in borderline cases for the application of vague expressions. But the author also argues that vagueness is a feature of law, and not merely (...) of legal language: the linguistic and non-linguistic resources of the law are commonly vague. These claims have consequences that have seemed unacceptable to many legal theorists. Because law is vague, judges cannot always decide cases by giving effect to the legal rights and obligations of the parties. Judges cannot always treat like cases alike. The ideal of the rule of law seems to be unattainable. The book offers a new articulation of the content of that ideal. It argues that the pursuit of justice and the rule of law do not depend on the idea that the requirements of the law are determinate in all cases. The resolution of unresolved disputes is an important and independent duty of judges –a duty that is itself an essential component of the ideal of the rule of law. (shrink)

According to the dominant approach in the theory of vagueness, the nature of the vagueness of an expression ‘F’ consists in its presenting borderline cases in an appropriately ordered series: objects which are neither definitely F nor definitely not F (where the notion of definiteness can be semantic, ontic, epistemic, psychological or primitive). In view of the various problems faced by theories of vagueness adopting the dominant approach, the thesis proposes to reconsider the naive theory of vagueness, according to which (...) the nature of the vagueness of an expression consists in its not drawing boundaries between any neighbouring objects in an appropriately ordered series. It is argued that expressions and concepts which do present this feature play an essential role in our cognitive and practical life, allowing us to conceptualize---in a way which would otherwise be impossible---the typically coarse-grained distinctions we encounter in reality. Despite its strong initial plausibility and ability to explain many phenomena of vagueness, the naive theory is widely rejected because thought to be shown inconsistent by the sorites paradox. In reply, it is first argued that accounts of vagueness based on the dominant approach are themselves subject to higher-order sorites paradoxes. The paradox is then solved on behalf of the naive theory by rejecting the unrestricted transitivity of the consequence relation on a vague language; a family of logics apt for reasoning with vague expressions is proposed and studied (using models with partially ordered values). The characteristic philosophical and logical consequences of this novel solution are developed and defended in detail. In particular, it is shown how the analysis of what happens in the attempt of surveying a sorites series and deciding each case allows the naive theory to recover a "thin" notion of a borderline case. (shrink)

This paper presents a new theory of vagueness, which is designed to retain the virtues of the fuzzy theory, while avoiding the problem of higher-order vagueness. The theory presented here accommodates the idea that for any statement S₁ to the effect that 'Bob is bald' is x true, for x in [0, 1], there should be a further statement S₂ which tells us how true S₁ is, and so on - that is, it accommodates higher-order vagueness without resorting to the (...) claim that the metalanguage in which the semantics of vagueness is presented is itself vague, and without requiring us to abandon the idea that the logic - as opposed to the semantics - of vague discourse is classical. I model the extension of a vague predicate P as a blurry set, this being a function which assigns a degree of membership or degree function to each object o, where a degree function in turn assigns an element of [0, 1] to each finite sequence of elements of [0, 1]. The idea is that the assignment to the sequence (0.3, 0.2), for example, represents the degree to which it is true to say that it is 0.2 true that o is P to degree 0.3. The philosophical merits of my theory are discussed in detail, and the theory is compared with other extensions and generalisations of fuzzy logic in the literature. (shrink)

According to the naive theory of vagueness, the vagueness of an expression consists in the existence of both positive and negative cases of application of the expression and in the non- existence of a sharp cut-off point between them. The sorites paradox shows the naive theory to be inconsistent in most logics proposed for a vague language. The paper explores the prospects of saving the naive theory by revising the logic in a novel way, placing principled restrictions on the transitivity (...) of the consequence relation. A lattice-theoretical framework for a whole family of “tolerant logics” is proposed and developed. Particular care is devoted to the relation between the salient features of the formal apparatus and the informal logical and semantic notions they are supposed to model. A suitable non-transitive counterpart to classical logic is defined. Some of its properties are studied, and it is eventually shown how an appropriate regimentation of the naive theory of vagueness is consistent in such a logic. (shrink)

A considerable number of books and papers have analyzed normative concepts using new techniques developed by logicians; however, few have bridged the gap between the English legal culture and the Continental tradition in legal philosophy. This book addresses this issue by offering an introductory study on the many possibilities that logical analysis offers the study of legal systems. The volume is divided into two sections: the first covers the basic aspects of classical and deontic logic and its connections, advancing an (...) explanation of the most important topics of the discipline by comparing different systems of deontic logic and exploring some of the most important paradoxes in its domain. The second section deals with the role of logic in the analysis of legal systems by discussing in what sense deontic logic and the logic of norm-propositions are useful tools for a proper understanding of the systematic structure of law. (shrink)