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)

The central philosophical challenge of metaethics is to account for the normativity of moral judgment without abandoning or seriously compromising moral realism. In Morality in a Natural World, David Copp defends a version of naturalistic moral realism that can accommodate the normativity of morality. Moral naturalism is often thought to face special metaphysical, epistemological, and semantic problems as well as the difficulty in accounting for normativity. In the ten essays included in this volume, Copp defends solutions to these problems. Three (...) of the essays are new, while seven have previously been published. All of them are concerned with the viability of naturalistic and realistic accounts of the nature of morality, or, more generally, with the viability of naturalistic accounts of reasons. (shrink)

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)

At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law (...) and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law. (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)

In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.

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

Michael Ridge presents an original expressivist theory of normative judgments--Ecumenical Expressivism--which offers distinctive treatments of key problems in metaethics, semantics, and practical reasoning. He argues that normative judgments are hybrid states partly constituted by ordinary beliefs and partly constituted by desire-like states.

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)

It is often claimed that irreducibly normative truths would have unacceptable metaphysical implications, and are incompatible with a scientific view of the world. The book argues, on the basis of a general account of the relevance of ontological questions, that this claim is mistaken. It is also a mistake to think that interpreting normative judgments as beliefs would make it impossible to explain their connection with action. An agent’s acceptance of a normative judgment can explain that agent’s subsequent action because (...) it is part of being a rational agent that such an agent’s beliefs about reasons normally, but not invariably, make a difference to the agent’s subsequent behavior. Because facts about reasons are not entities existing apart from us, there is no epistemological problem of how we can “be in touch with” such facts. There are serious worries about normative knowledge, but the problems involved are internal to the normative domain itself. The best solution to these problems would be an overall account of the domain of reasons in normative terms, supported by an argument from reflective equilibrium. But no existing account, constructivist, or based on desires or on an idea of rationality, is plausible, and no alternative is likely to succeed. Conclusions about reasons for action must rest on more piecemeal applications of the method of reflective equilibrium. (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)

In constructing semantic theories of normative and evaluative terms, philosophers have commonly deployed a certain type of disagreement -based argument. The premise of the argument observes the possibility of genuine disagreement between users of a certain normative or evaluative term, while the conclusion of the argument is that, however differently those speakers employ the term, they must mean the same thing by it. After all, if they did not, then they would not really disagree. We argue that in many of (...) the cases in which this argument is deployed, the conclusion not only fails to follow from the premises, but is very likely false. Disagreements between speakers who do not mean the same things by their words are common, genuine, and not easily distinguished from ordinary disagreements over the truth of literally expressed content. We make this case by developing the notion of a metalinguistic negotiation, an exchange in which speakers tacitly negotiate the proper deployment of some linguistic expression in a context. Metalinguistic negotiations express disagreements over information that is conveyed pragmatically and about what concepts should be deployed in the context at hand. We argue that neither of these features poses any obstacle to metalinguistic negotiations serving to express genuine, substantive disagreements that can be well worth engaging in. Contrary to what has been widely assumed in the literature, many normative and evaluative disputes—among ordinary speakers and even among philosophers themselves—may be of exactly this type, a conclusion with important consequences for both the subject matter and the methodology of metanormative theory. (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)

This is a major work in moral philosophy, the long-awaited follow-up to Parfit's 1984 classic Reasons and Persons, a landmark of twentieth-century philosophy. Parfit now presents a powerful new treatment of reasons and a critical examination of the most prominent systematic moral theories, leading to his own ground-breaking conclusion.

My aim in this essay is largely defensive. I aim to discuss some problems for moral error theory and to offer plausible solutions. A full positive defense of moral error theory would require substantial investigations of rival metaethical views, but that is beyond the scope of this essay. I will, however, try to motivate moral error theory and to clarify its commitments. Moral error theorists typically accept two claims – one conceptual and one ontological – about moral facts. The conceptual (...) claim is that moral facts are or entail facts about categorical reasons (and correspondingly that moral claims are or entail claims about categorical reasons); the ontological claim is that there are no categorical reasons – and consequently no moral facts – in reality. I accept this version of moral error theory and I try to unpack what it amounts to in Section 2.1 In the course of doing so I consider two preliminary objections: that moral error theory is (probably) false because its implications are intuitively unacceptable (what I call the Moorean objection) and that the general motivation for moral error theory is self-undermining in that it rests on a hidden appeal to norms. The above characterization seems to entail the standard formulation of moral error theory, according to which first-order moral claims are uniformly false. Critics have argued that the standard formulation is incoherent since – by the law of excluded middle – the negation of a false claim is true. Hence if ‘Torture is wrong’ is false, ‘Torture is not wrong’ is true. Contrary to what moral error theorists contend, then, moral error theory seems to carry first-order moral implications that by the theory’s own lights are uniformly false. In Section 3 I suggest a formulation that is consistent with the standard formulation of moral error theory, free of first-order moral implications, and subject to no logical difficulties. In Section 4 I consider and rebut Stephen Finlay’s recent attack on moral error theory. According to Finlay the conceptual claim is false because all moral claims – and indeed all normative claims – are, or should be understood as, relativized to some moral standard or system of ends. Moral error theorists thus attribute to ordinary speakers an error that simply isn’t there. I argue that Finlay’s view has some very implausible implications and that it does not avoid commitment to various forms of error theory. This becomes especially clear when we focus on fundamental moral claims. In Section 5 I consider the worry that error theorists’ rejection of categorical reasons proves too much; in particular, the worry that error theorists’ qualms about categorical reasons apply equally to claims about hypothetical reasons, that is, claims to the effect that there is reason to take the means to one’s ends. In my view error theorists such as Mackie and Joyce have failed to pay due consideration to this problem. What the challenge establishes, I submit, is that error theorists cannot just take for granted that hypothetical reasons are metaphysically unproblematic; they must offer an account of hypothetical reasons that shows that they are. I argue that the only plausible account available to error theorists is one according to which claims about hypothetical reasons reduce to non-normative claims about relations between means and ends. (shrink)

The most influential account of authority – Joseph Raz's service conception – is an account of the role of authority, in that it is an account of its point or function. However, authority does not have a characteristic role to play, and even if it did, the ability to play a role is not, by itself, sufficient to establish authority. The aim of this essay is to shift our focus from roles that authority plays to roles that people play – (...) which we can also call roles of authority – such as chef, teacher, and parent. To justify authority, we need to justify the practices in which roles of authority play a part. (shrink)

Baedeker -- Independence. Truth in morals -- External skepticism -- Morals and causes -- Internal skepticism -- Interpretation. Moral responsibility -- Interpretation in general -- Conceptual interpretation -- Ethics. Dignity -- Free will and responsibility -- Morality. From dignity to morality -- Aid -- Harm -- Obligations -- Politics. Political rights and concepts -- Equality -- Liberty -- Democracy -- Law -- Epilogue. Dignity indivisible.

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)

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)

We defend a contextualist account of deontic judgments as relativized both to (i) information and to (ii) standards or ends, against recent objections that turn on practices of moral disagreement. Kolodny & MacFarlane argue that information-relative contextualism cannot accommodate the connection between deliberation and advice; we suggest in response that they misidentify the basic concerns of deliberating agents. For pragmatic reasons, semantic assessments of normative claims sometimes are evaluations of propositions other than those asserted. Weatherson, Schroeder and others have raised (...) parallel objections to standard-relative contextualism; we argue for a parallel solution. (shrink)

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)

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)

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.

Introduction: From legal realism to naturalized jurisprudence -- A note on legal indeterminacy -- Part I. American legal realism and its critics -- Rethinking legal realism: toward a naturalized jurisprudence (1997) -- Legal realism and legal positivism reconsidered (2001) -- Is there an "American" jurisprudence? (1997) -- Postscript to Part I: Interpreting legal realism -- Part II. Ways of naturalizing jurisprudence -- Legal realism, hard positivism, and the limits of conceptual analysis (1998, 2001) -- Why Quine is not a postmodernist (...) (1997) -- Beyond the Hart/Dworkin debate: the methodology problem in jurisprudence (2003) -- Part III. Naturalism, morality, and objectivity -- Moral facts and best explanations (2001) -- Objectivity, morality, and adjudication (2001) -- Law and objectivity (2002). (shrink)

In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard ...

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)

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)

This book develops a general theory of law, inclusive legal positivism, which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. Its central theoretical questions are: Does the existence or content of positive law ever depend on moral considerations? If so, is this fact consistent with legal positivism? (...) The author shows how inclusive positivism allows one to answer yes to both of these questions. In addition to articulating and defending his own version of legal positivism, which is a refinement and development of the views of H.L.A. Hart as expressed in his classic book The Concept of Law, the author clarifies the terms of current jurisprudential debates about the nature of law. These debates are often clouded by failures to appreciate that different theorists are offering differing kinds of theories and attempting to answer different questions. There is also a failure, principally on the part of Ronald Dworkin, to characterize opposing theories correctly. The clarity of Waluchow's work will help to remove the confusion which has hitherto marred some jurisprudential debate, particularly about Dworkin's work. (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.

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)

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)

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)

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)