Can normative words like "good," "ought," and "reason" be defined in non-normative terms? Stephen Finlay argues that they can, advancing a new theory of the meaning of this language and providing pragmatic explanations of the specially problematic features of its moral and deliberative uses which comprise the puzzles of metaethics.

In twelve new essays, contributors explore hybrid theories in metaethics and other normative domains.

David Enoch develops, argues for, and defends a strongly realist and objectivist view of ethics and normativity more broadly. This view--according to which there are perfectly objective, universal, moral and other normative truths that are not in any way reducible to other, natural truths--is familiar, but this book is the first in-detail development of the positive motivations for the view into reasonably precise arguments. And when the book turns to defend Robust Realism against traditional objections, it mobilizes the original positive (...) arguments for the view to help with fending off the objections. (shrink)

Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David Lewis. (...) Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct. (shrink)

Like many recent works in legal theory, especially those focusing on the apparently conflicting schools of legal positivism and natural law, Waluchow’s Inclusive Legal Positivism begins by admitting a degree of perplexity about the field; indeed, he suggests that the field has fallen into “chaos”. Disturbingly, those working within legal theory appear most uncertain about what the tasks of their field are. Legal philosophers often seem to suspect strongly that at least their colleagues in the field are confused about those (...) tasks. As a result, many recent books in legal theory are in large part exercises in legal metatheory, devoting many pages to attempts to define the purposes and goals of the field. Waluchow follows this trend and begins by expressing a desire to clarify the issues that separate those trying to give an account of the nature of law. His ultimate goal is to defend a version of legal positivism, inclusive legal positivism, that he thinks is at least implicit in H. L. A. Hart’s work. (shrink)

The nature of the relation between jurisprudential theories and first-order legal judgments is a strangely uncontroversial matter in contemporary legal philosophy. There is one dominant conception of the relation according to which jurisprudential theories are second-order or meta-legal theories that specify the ultimate grounds of first-order legal judgments. According to this conception, difficult first-order legal disputes are to be resolved by jurisprudential theorizing. According to an alternative conception that Ronald Dworkin has influentially advocated, jurisprudential theories are not second-order theories about (...) the nature of law, but instead covert first-order legal theories. These two conceptions of the relation between jurisprudential theories and first-order legal judgments dominate the contemporary legal philosophical scene and crowd out other possible conceptions. This article scrutinizes the two conceptions, and in the process raises the possibility of a different and arguably more credible conception. According to this new conception, our first-order legal views and a jurisprudential theory that we accept are supposed to form a mutually disciplining and supporting set of views that we accept in our pursuit of the epistemic ideal of wide reflective equilibrium. The two sets of views are supposed to constrain and discipline each other; but neither is meant to underwrite, certify, or ultimately determine the contents of the other. This new conception, which allows the relation between jurisprudential theories and first-order legal judgments to be much looser, untidier, and more complex than what the two dominant conceptions imply, should facilitate progress in legal philosophy and in first-order legal thinking. (shrink)

It is often observed in metaethics that moral language displays a certain duality in as much as it seems to concern both objective facts in the world and subjective attitudes that move to action. In this paper, I defend The Dual Aspect Account which is intended to capture this duality: A person’s utterance of a sentence according to which φing has a moral characteristic, such as “φing is wrong,” conveys two things: The sentence expresses, in virtue of its conventional meaning, (...) the belief that φing has a moral property, and the utterance of the sentence carries a generalized conversational implicature to the effect that the person in question has an action-guiding attitude in relation to φing. This account has significant advantages over competing views: (i) As it is purely cognitivist, it does not have the difficulties of expressivism and various ecumenical positions. (ii) Yet, in spite of this, it can explain the close, “meaning-like,” connection between moral language and attitudes. (iii) In contrast to other pragmatic accounts, it is compatible with any relevant cognitivist view. (iv) It does not rest on a contentious pragmatic notion, such as conventional implicature. (v) It does not imply that utterances of complex moral sentences, such as conditionals, convey attitudes. In addition, the generalized implicature in question is fully calculable and cancellable. (shrink)

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

Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil disobedience (...) -- A right to dissent? : conscientious objection --The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism. (shrink)

What does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in this volume leads to a new approach to traditional jurisprudential question, though the conclusions are based on a critical appraisal, particularly those of Bentham, Austin, Kelsen, and Hart.

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act (...) and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force. (shrink)

In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This (...) volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists. (shrink)

Moral realism and antirealist-expressivism are of course incompatible positions. They disagree fundamentally about the nature of moral states of mind, the existence of moral states of affairs and properties, and the nature and role of moral discourse. The central realist view is that a person who has or expresses a moral thought is thereby in, or thereby expresses, a cognitive state of mind; she has or expresses a belief that represents a moral state of affairs in a way that might (...) be accurate or inaccurate. The view of antirealist-expressivism is that such a person is in, or expresses, a conative state of mind, one that consists in a certain kind of attitude or motivational stance toward something, such as an action or a person. Realism holds that moral thoughts have truth conditions and that in some cases these truth conditions are satisfied so that our moral thoughts are true. Antirealist-expressivism holds, to a first approximation, that the distinctive moral content of a moral thought does not have truth conditions. (shrink)

This paper is about philosophical disputes where the literal content of what speakers communicate concerns such object-level issues as ground, supervenience, or real definition. It is tempting to think that such disputes straightforwardly express disagreements about these topics. In contrast to this, I suggest that, in many such cases, the disagreement that is expressed is actually one about which concepts should be employed. I make this case as follows. First, I look at non-philosophical, everyday disputes where a speaker employs a (...) metalinguistic usage of a term. This is where a speaker uses a term to express a view about the meaning of that term, or, relatedly, how to correctly use that term. A metalinguistic negotiation is a metalinguistic dispute that concerns a normative issue about what a word should mean, or, similarly, about how it should be used, rather than the descriptive issue about what it does mean. I argue that the same.. (shrink)

According to Scott Shapiro’s Moral Aim Thesis, it is an essential feature of the law that it has a moral aim. In short, for Shapiro, this means that the law has the constitutive aim of providing morally good solutions to morally significant social problems in cases where other, less formal ways of guiding the activity of agents won’t work. In this article, I argue that legal positivists should reject the Moral Aim Thesis. In short, I argue that although there are (...) versions of the Moral Aim Thesis that are arguably compatible with legal positivism, all of the different ways of making it compatible face serious philosophical difficulties. Following a discussion of what these difficulties are, I provide an alternative to the Moral Aim Thesis, a thesis that I call the ‘Represented-as-Moral Thesis’. This thesis avoids the problems that I raise for the Moral Aim Thesis and better resonates with some of the core intuitions behind legal positivism. Furthermore, a version of Shapiro’s Planning Theory of Law that is developed with the Represented-as-Moral Thesis (as opposed to the Moral Aim Thesis) can explain all of the things that Shapiro uses the Moral Aim Thesis to explain. (shrink)

One of Ronald Dworkin's most distinctive claims in legal philosophy is that law is an interpretative concept, a special kind of concept whose correct application depends neither on fixed criteria nor on an instance-identifying decision procedure but rather on the normative or evaluative facts that best justify the total set of practices in which that concept is used. The main argument that Dworkin gives for interpretivism about some conceptis a disagreement-based argument. We argue here that Dworkin's disagreement-based argument relies on (...) a mistaken premise about the nature of disagreement. We propose an alternative analysis of the type of disputeseeming variation casesthat Dworkin uses to motivate the idea of interpretative concepts. We begin by observing that genuine disagreements can be expressed via a range of linguistic mechanisms, many of which do not require that speakers literally assert and deny one and the same proposition. We focus in particular on what we call disputes in which speakers do not express the same concepts by their words but rather negotiate how words should be used and thereby negotiate which of a range of competing concepts should be used in that context. We claim that this view has quite general theoretical advantages over Dworkin's interpretivism about seeming variation cases and about the relevant class of legal disputes in particular. This paper thus has two interlocking goals: (1) to undermine one of Dworkin's core arguments for interpretivism, and (2) to provide the foundations for a noninterpretivist alternative account of an important class of legal disputes. (shrink)

Recently, some philosophers have suggested that a form of robust realism about ethics, or normativity more generally, does not face a significant explanatory burden in metaphysics. I call this view metaphysically quietist normative realism . This paper argues that while this view can appear to constitute an attractive alternative to more traditional forms of normative realism, it cannot deliver on this promise. I examine Scanlon’s attempt to defend such a quietist realism, and argue that rather than silencing metaphysical questions about (...) normative reasons, his defense at best succeeds only in shifting the focus of metaphysical enquiry. I then set aside the details of Scanlon’s view, and argue on general grounds that that the quietist realist cannot finesse a crucial metanormative task: to explain the contrast between the correct normative system and alternative putatively normative standards. (shrink)

John Mackie's stimulating book is a complete and clear treatise on moral theory. His writings on normative ethics-the moral principles he recommends-offer a fresh approach on a much neglected subject, and the work as a whole is undoubtedly a major contribution to modern philosophy.The author deals first with the status of ethics, arguing that there are not objective values, that morality cannot be discovered but must be made. He examines next the content of ethics, seeing morality as a functional device, (...) basically the same at all times but changing significantly in response to changes in the human condition. He sketches a practical moral system, criticizing but also borrowing from both utilitarian and absolutist views. Thirdly, the frontiers of ethics, areas of contact with psychology, metaphysics, theology, law and politcs, are explored.Throughout, his aim is to discuss a wide range of questions that are both philosophical and practical, working within a distinctive version of subjectivism-an "error" theory of the apparent objectivity of values. John Mackie has drawn on the contributions of such classic thinkers as Plato, Aristotle, Hobbes, Hume, Kant and Sidgwick, and on more recent discussions, to produce a thought-provoking account that will inspire both the general reader and the student of philosophy. (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)

Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-32334. ISBN 1-886363-74-9. Cloth. $95. * Reprint of the first edition.

In his paper ?The Error in the Error Theory?[this journal, 2008], Stephen Finlay attempts to show that the moral error theorist has not only failed to prove his case, but that the error theory is in fact false. This paper rebuts Finlay's arguments, criticizes his positive theory, and clarifies the error-theoretic position.

Can one consistently (i) be a positivist, and (ii) think that the internal attitude to the law is a moral attitude? Two objections are raised in the literature. The first is that the combination is straight-out contradictory. The second is that if the internal attitude is a moral attitude, those who take it cannot be positivists. Arguments from Shiner, Goldsworthy and Raz are examined. It is concluded that neither objection works. The arguments are based on scope errors, conflations of what (...) is said with what is implicated, and a false view of the distinction between detached and committed statements. (shrink)

My thesis is that morality arises when a group of people reach an implicit agreement or come to a tacit understanding about their relations with one another. Part of what I mean by this is that moral judgments - or, rather, an important class of them - make sense only in relation to and with reference to one or another such agreement or understanding. This is vague, and I shall try to make it more precise in what follows. But it (...) should be clear that I intend to argue for a version of what has been called moral relativism. (shrink)

This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

I offer a new argument against the legal positivist view that non-normative social facts can themselves determine the content of the law. I argue that the nature of the determination relation in law is rational determination: the contribution of law-determining practices to the content of the law must be based on reasons. That is why it must be possible in principle to explain what makes the law have the content that it does. It follows, I argue, that non-normative facts about (...) statutes, judicial decisions, and other practices cannot themselves determine the content of the law. A full account must appeal to considerations independent of the practices that determine the relevance of the practices to the content of the law. Normative facts are the best candidates. (shrink)

Moral error theory of the kind defended by J. L. Mackie and Richard Joyce is premised on two claims: (1) that moral judgements essentially presuppose that moral value has absolute authority, and (2) that this presupposition is false, because nothing has absolute authority. This paper accepts (2) but rejects (1). It is argued first that (1) is not the best explanation of the evidence from moral practice, and second that even if it were, the error theory would still be mistaken, (...) because the assumption does not contaminate the meaning or truth-conditions of moral claims. These are determined by the essential application conditions for moral concepts, which are relational rather than absolute. An analogy is drawn between moral judgements and motion judgements. (shrink)

Analyses of moral value judgements must meet a practicality requirement: moral speech acts characteristically express pro- or con-attitudes, indicate that speakers are motivated in certain ways, and exert influence on others' motivations. Nondescriptivists including Simon Blackburn and Allan Gibbard claim that no descriptivist analysis can satisfy this requirement. I argue first that while the practicality requirement is defeasible, it indeed demands a connection between value judgement and motivation that resembles a semantic or conceptual rather than merely contingent psychological link. I (...) then show how a form of descriptivism, the interest-relational theory, satisfies the requirement as a pragmatic and conversational feature of value judgement – thereby also accommodating its defeasibility. The word ``good'' is always indexed to some set of motivations: when this index is unarticulated in many contexts the speaker conversationally implicates possession of those motivations. (shrink)

According to content-relativist theories of moral language, different speakers use the same moral sentences to say different things. Content-relativism faces a well-known problem of lost disagreement. Recently, numerous content-relativists (including the author) have proposed to solve this problem by appeal to various kinds of non-content-based, or broadly pragmatic, disagreement. This presents content-relativists with a new problem—of found agreement. Which (if any) of these newly identified kinds of conflict is correctly identified as the lost moral disagreement we were looking for? This (...) paper offers a critical comparison of different content-relativist proposals. It divides them into two broad categories, quasi-expressivist theories (QED) and metalinguistic theories (MLD). Objections to each are considered, and QED is tentatively found to be superior. (shrink)

This volume collects some influential essays in which Simon Blackburn, one of our leading philosophers, explores one of the most profound and fertile of philosophical problems: the way in which our judgments relate to the world. This debate has centered on realism, or the view that what we say is validated by the way things stand in the world, and a variety of oppositions to it. Prominent among the latter are expressive and projective theories, but also a relaxed pluralism that (...) discourages the view that there are substantial issues at stake. The figure of the "quasi-realist" dramatizes the difficulty of conducting these debates. Typically philosophers thinking of themselves as realists will believe that they alone can give a proper or literal account of some of our attachments--to truth, to facts, to the independent world, to knowledge and certainty. The quasi-realist challenge, developed by Blackburn in this volume, is that we can have those attachments without any metaphysic that deserves to be called realism, so that the metaphysical picture that goes with our practices is quite idle. The cases treated here include the theories of value and knowledge, modality, probability, causation, intentionality and rule-following, and explanation. A substantial new introduction has been added, drawing together some of the central themes. The essays articulate a fresh alternative to a primitive realist/anti-realist opposition, and their cumulative effect is to yield a new appreciation of the delicacy of the debate in these central areas. (shrink)

It has become increasingly popular to argue that legal positivism is actually a normative theory, and that it cannot be purely descriptive and morally neutral as H.L.A. Hart has suggested. This article purports to disprove this line of thought. It argues that legal positivism is best understood as a descriptive, morally neutral, theory about the nature of law. The article distinguishes between five possible views about the relations between normative claims and legal positivism, arguing that some of them are not (...) at odds with Hart’s thesis about the nature of jurisprudence, while the others are wrong, both as expositions of legal positivism or as critiques of it. Legal positivism does not necessarily purport to justify any aspect of its subject matter, nor is it committed to any particular moral or political evaluations. (shrink)