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)

A proper function of an entity is a beneficial effect that helps explain the persistence of the entity. Proper functions thereby arise through feedback mechanisms with beneficial effects as inputs and persistence as outputs. We continue to make assertions because they benefit speakers by benefiting speakers. Hearers benefit from true information. Speakers benefit by influencing hearer belief. If hearers do not benefit, they will not form beliefs in response to assertions. Speakers can then only maintain influence by providing true information, (...) often enough. The function of assertion is then inducing true hearer belief. When interests conflict, however, some mechanism must ensure that speakers provide true information often enough, instead of deceiving, or providing information regardless of quality. In humans, a core mechanism stabilizing true assertion involves social norms for truth telling. We tell the truth partly because we prescribe and enforce telling the truth. (shrink)

A persistent worry concerning conventionalist accounts of law is that such accounts are ill equipped to account for law’s special normativity. I offer a particular kind of conventionalist account that is based on the practice-dependent account of conventional norms I have offered elsewhere and consider whether it is vulnerable to the Normativity Objection. I argue that it isn’t. It can account for all the ways in which law can justly claim to be normative. While there are ways of being normative (...) that it cannot account for, it is an error to suppose that law is normative in any of those ways. (shrink)

I argue that imperatives express contents that are both cognitively and semantically related to, but nevertheless distinct from, modal propositions. Imperatives, on this analysis, semantically encode features of planning that are modally specified. Uttering an imperative amounts to tokening this feature in discourse, and thereby proffering it for adoption by the audience. This analysis deals smoothly with the problems afflicting Portner's Dynamic Pragmatic account and Kaufmann's Modal account. It also suggests an appealing reorientation of clause-type theorizing, in which the cognitive (...) act of updating on a typed sentence plays a central role in theorizing about both its semantics and role in discourse. (shrink)

Many philosophers think that games like chess, languages like English, and speech acts like assertion are constituted by rules. Lots of others disagree. To argue over this productively, it would be first useful to know what it would be for these things to be rule-constituted. Searle famously claimed in Speech Acts that rules constitute things in the sense that they make possible the performance of actions related to those things (Searle 1969). On this view, rules constitute games, languages, and speech (...) acts in the sense that they make possible playing them, speaking them and performing them. This raises the question what it is to perform rule-constituted actions (e. g. play, speak, assert) and the question what makes constitutive rules distinctive such that only they make possible the performance of new actions (e. g. playing). In this paper I will criticize Searle’s answers to these questions. However, my main aim is to develop a better view, explain how it works in the case of each of games, language, and assertion and illustrate its appeal by showing how it enables rule-based views of these things to respond to various objections. (shrink)

Understanding Institutions proposes a new unified theory of social institutions that combines the best insights of philosophers and social scientists who have written on this topic. Francesco Guala presents a theory that combines the features of three influential views of institutions: as equilibria of strategic games, as regulative rules, and as constitutive rules. -/- Guala explains key institutions like money, private property, and marriage, and develops a much-needed unification of equilibrium- and rules-based approaches. Although he uses game theory concepts, the (...) theory is presented in a simple, clear style that is accessible to a wide audience of scholars working in different fields. Outlining and discussing various implications of the unified theory, Guala addresses venerable issues such as reflexivity, realism, Verstehen, and fallibilism in the social sciences. He also critically analyses the theory of “looping effects” and “interactive kinds” defended by Ian Hacking, and asks whether it is possible to draw a demarcation between social and natural science using the criteria of causal and ontological dependence. Focusing on current debates about the definition of marriage, Guala shows how these abstract philosophical issues have important practical and political consequences. -/- Moving beyond specific cases to general models and principles, Understanding Institutions offers new perspectives on what institutions are, how they work, and what they can do for us. (shrink)

The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...) Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)

Author Max Black argues that language should conform to the discovered regularities of experience it is radically mistaken to assume that the conception of language is a mirror of reality.

This book is nominally about linguistic representation. But, since it is we who do the representing, it is also about us. And, since it is the universe which we represent, it is also about the universe. In the end, then, this book is about everything, which, since it is a philosophy book, is as it should be. I recognize that it is nowadays unfashionable to write books about every thing. Philosophers of language, it will be said, ought to stick to (...) writing about language; philosophers of science, to writing about science; epis temologists, to writing about knowing; and so on. The real world, however, perversely refuses to carve itself up so neatly, and, although I recognize that the real w,orld is nowadays also unfashionable, in the end I judged that one might get closer to the truth of various matters by going along with it. So I have done so. lt was Wilfrid Sellars who initially convinced me of the virtues of this way of proceeding. At this point one normally says something like "The debt that this book owes him is immense". I would say it too, were it not to understate the case, From Wilfrid, I learned to think about things. If the upshot of my thinking tends, as it obviously does, to show a general con silience with the upshot of his, it is primarily because he is so very good at it - and he had a head start. (shrink)

Etiquette and other merely formal normative standards like legality, honor, and rules of games are taken less seriously than they should be. While these standards are not intrinsically reason-providing in the way morality is often taken to be, they also play an important role in our practical lives: we collectively treat them as important for assessing the behavior of ourselves and others and as licensing particular forms of sanction for violations. This chapter develops a novel account of the normativity of (...) formal standards where the role they play in our practical lives explains a distinctive kind of reason to obey them. We have this kind of reason to be polite because etiquette is important to us. We also have this kind of reason to be moral because morality is important to us. This parallel suggests that the importance we assign to morality is insufficient to justify it being substantive. (shrink)

This paper aims to identify the constitutive rule of assertion, conceived by analogy with the rules of a game. That assertion has such rules is by no means obvious; perhaps it is more like a natural phenomenon than it seems. One way to find out is by supposing that it has such rules, in order to see where the hypothesis leads and what it explains. That will be done here. The hypothesis is not perfectly clear, of course, but we have (...) at least a crude conception of constitutive rules, which we may refine as we elaborate the hypothesis. Although no attempt will be made here to define ‘rule’, some remarks on constitutive rules will focus the discussion. (shrink)

Assertions are praised as true, informative, relevant, sincere, warranted, well-phrased, or polite. They are criticized as false, uninformative, irrelevant, insincere, unwarranted, ill-phrased, or rude. Sometimes they deserve such praise or criticism. If any respect in which performances of an act can deserve praise or criticism is a norm for that act, then the speech act of assertion has many norms. So has almost any act; jumps can deserve praise as long or brave, criticism as short or cowardly. But it is (...) natural to suppose that some norms are more intimately connected to the nature of asserting than any norm is to the nature of jumping. One might suppose, for example, that someone who knowingly asserts a falsehood has thereby broken a rule of assertion, much as if he had broken a rule of a game; he has cheated. On this view, the speech act, like a game and unlike the act of jumping, is constituted by rules. Thus, not all norms for assertion are on a par. Norms such as relevance, good phrasing, and politeness are just applications of more general cognitive or social norms to the specific act of assertion. Perhaps the norm of informativeness results from a more complex interaction between a general norm of cooperativeness and the nature of assertion as a source of information. But on this view, not all norms for assertion derive from more general norms; otherwise nothing would differentiate it from other speech acts. (shrink)

Many philosophers have been attracted to the view that reasons are premises of good reasoning – that reasons to φ are premises of good reasoning towards φ-ing. However, while this reasoning view is indeed attractive, it faces a problem accommodating outweighed reasons. In this article, I argue that the standard solution to this problem is unsuccessful and propose an alternative, which draws on the idea that good patterns of reasoning can be defeasible. I conclude by drawing out implications for the (...) debate over pragmatic reasons for belief and other attitudes and for one influential form of reductionism about the normative. (shrink)

The Twin Earth thought experiment invites us to consider a liquid that has all of the superficial properties associated with water (clear, potable, etc.) but has entirely different deeper causal properties (composed of “XYZ” rather than of H2O). Although this thought experiment was originally introduced to illuminate questions in the theory of reference, it has also played a crucial role in empirically informed debates within the philosophy of psychology about people’s ordinary natural kind concepts. Those debates have sought to accommodate (...) an apparent fact about ordinary people’s judgments: Intuitively, the Twin Earth liquid is not water. We present results from four experiments showing that people do not, in fact, have this intuition. Instead, people tend to have the intuition that there is a sense in which the liquid is not water but also a sense in which it is water. We explore the implications of this finding for debates about theories of natural kind concepts, arguing that it supports views positing two distinct criteria for membership in natural kind categories – one based on deeper causal properties, the other based on superficial, observable properties. (shrink)

The Twin Earth thought experiment invites us to consider a liquid that has all of the superficial properties associated with water (clear, potable, etc.) but has entirely different deeper causal properties (composed of “XYZ” rather than of H2O). Debates about natural kind concepts have sought to accommodate an apparent fact about ordinary people's judgments: Intuitively, the Twin Earth liquid is not water. We present results showing that people do not have this intuition. Instead, people tend to judge that there is (...) a sense in which the liquid is not water but also a sense in which it is water. (shrink)

By means of a critical examination of a number of theses as to the nature of game-playing, the following definition is advanced: To play a game is to engage in activity directed toward bringing about a specific state of affairs, using only means permitted by specific rules, where the means permitted by the rules are more limited in scope than they would be in the absence of the rules, and where the sole reason for accepting such limitation is to make (...) possible such activity. (shrink)

In the mid twentieth century the philosopher Ludwig Wittgenstein famously asserted that games are indefinable; there are no common threads that link them all. "Nonsense," says the sensible Bernard Suits: "playing a game is a voluntary attempt to overcome unnecessary obstacles." The short book Suits wrote demonstrating precisely that is as playful as it is insightful, as stimulating as it is delightful. Suits not only argues that games can be meaningfully defined; he also suggests that playing games is a central (...) part of the ideal of human existence, so games belong at the heart of any vision of Utopia. Originally published in 1978, The Grasshopper is now re-issued with a new introduction by Thomas Hurka and with additional material (much of it previously unpublished) by the author, in which he expands on the ideas put forward in The Grasshopper and answers some questions that have been raised by critics. (shrink)

I argue that one intends that ϕ if one has a desire that ϕ and an appropriately related means-end belief. Opponents, including Setiya and Bratman, charge that this view can't explain three things. First, intentional action is accompanied by knowledge of what we are doing. Second, we can choose our reasons for action. Third, forming an intention settles a deliberative question about what to do, disposing us to cease deliberating about it. I show how the desire- belief view can explain (...) why these phenomena occur when they occur, and why they don't when they don't. (shrink)

Philosophy has a schizophrenic relationship with games. On the one hand, philosophers love using games as model, arguing that phenomena as diverse as linguistic meaning, meta‐ethics, normative ethics, applied ethics, law, and aesthetics can be illuminated via an analogy with games. On the other hand, there is scant focused discussion of the concept of a game as such. This is problematic; the appeal to games as a model to clarify philosophically puzzling questions has limited utility if games themselves (and the (...) concept of a game) are poorly understood. Moreover, playing games plausibly is an important element in a good life; anyone interested in the theory of welfare, a traditional philosophical topic, should be interested in games. We play games, but if anything, play itself has been more neglected by philosophers than games. This neglect is unwarranted. Historically, philosophy has investigated foundational questions about human nature, and a disposition to play plausibly is a deep part of human nature. Moreover, play is an important concept in evolutionary biology and psychology, yet those working in those fields struggle to define the concept to their own satisfaction. E.O. Wilson went so far as to remark that “no behavioural concept has proved more ill‐defined, elusive, controversial, and even unfashionable than play.” One might have hoped philosophers could help here. In this paper, I provide an opinionated introduction to the philosophy of play and games. (shrink)

Games, which philosophers commonly invoke as models for diverse phenomena, are plausibly understood in terms of rules and goals, but this gives rise to two puzzles. The first concerns the identity of a single game over time. Intuitively one and the same game can undergo a change in rules, as when the rules of chess were modified so that a pawn could be moved two squares forward on its first move. Yet if games are individuated in terms of their constitutive (...) rules and goals, this is incoherent—new rules mean a new game. The second concerns the individuation of games at a point in time. Intuitively, there can be different versions of a single game, where the versions differ in the details of their rules. I offer a solution to this problem that draws on an analogy with individuating languages. The resulting theory should illuminate the metaphysics of games more generally. (shrink)

(2013). What are Propositions? Canadian Journal of Philosophy: Vol. 43, Essays on the Nature of Propositions, pp. 702-719.

Princeton University Press, 1982. This book is out of print, but can be downloaded as a pdf file (5 MB).

Can there be rules of language which serve both to determine meaning and to guide speakers in ordinary linguistic usage, i.e., in the production of speech acts? We argue that the answer is no. We take the guiding function of rules to be the function of serving as reasons for actions, and the question of guidance is then considered within the framework of practical reasoning. It turns out that those rules that can serve as reasons for linguistic utterances cannot be (...) considered as normative or meaning determining. Acceptance of such a rule is simply equivalent to a belief about meaning, and does not even presuppose that meaning is determined by rules. Rules that can determine meaning, on the other hand, i.e., rules that can be regarded as constitutive of meaning, are not capable of guiding speakers in the ordinary performance of speech acts. (shrink)

What is a game? What are we doing when we play a game? What is the value of playing games? Several different philosophical subdisciplines have attempted to answer these questions using very distinctive frameworks. Some have approached games as something like a text, deploying theoretical frameworks from the study of narrative, fiction, and rhetoric to interrogate games for their representational content. Others have approached games as artworks and asked questions about the authorship of games, about the ontology of the work (...) and its performance. Yet others, from the philosophy of sport, have focused on normative issues of fairness, rule application, and competition. The primary purpose of this article is to provide an overview of several different philosophical approaches to games and, hopefully, demonstrate the relevance and value of the different approaches to each other. Early academic attempts to cope with games tried to treat games as a subtype of narrative and to interpret games exactly as one might interpret a static, linear narrative. A faction of game studies, self-described as “ludologists,” argued that games were a substantially novel form and could not be treated with traditional tools for narrative analysis. In traditional narrative, an audience is told and interprets the story, where in a game, the player enacts and creates the story. Since that early debate, theorists have attempted to offer more nuanced accounts of how games might achieve similar ends to more traditional texts. For example, games might be seen as a novel type of fiction, which uses interactive techniques to achieve immersion in a fictional world. Alternately, games might be seen as a new way to represent causal systems, and so a new way to criticize social and political entities. Work from contemporary analytic philosophy of art has, on the other hand, asked questions whether games could be artworks and, if so, what kind. Much of this debate has concerned the precise nature of the artwork, and the relationship between the artist and the audience. Some have claimed that the audience is a cocreator of the artwork, and so games are a uniquely unfinished and cooperative art form. Others have claimed that, instead, the audience does not help create the artwork; rather, interacting with the artwork is how an audience member appreciates the artist's finished production. Other streams of work have focused less on the game as a text or work, and more on game play as a kind of activity. One common view is that game play occurs in a “magic circle.” Inside the magic circle, players take on new roles, follow different rules, and actions have different meanings. Actions inside the magic circle do not have their usual consequences for the rest of life. Enemies of the magic circle view have claimed that the view ignores the deep integration of game life from ordinary life and point to gambling, gold farming, and the status effects of sports. Philosophers of sport, on the other hand, have approached games with an entirely different framework. This has lead into investigations about the normative nature of games—what guides the applications of rules and how those rules might be applied, interpreted, or even changed. Furthermore, they have investigated games as social practices and as forms of life. (shrink)

G. C. J. Midgley; XIV—Linguistic Rules, Proceedings of the Aristotelian Society, Volume 59, Issue 1, 1 June 1959, Pages 271–290, https://doi.org/10.1093/aristot.

G. C. J. Midgley; XIV—Linguistic Rules, Proceedings of the Aristotelian Society, Volume 59, Issue 1, 1 June 1959, Pages 271–290, https://doi.org/10.1093/aristot.

According to the fitting-attitudes account of value, for X to be good is for it to be fitting to value X. But what is it for an attitude to be fitting? A popular recent view is that it is for there to be sufficient reason for the attitude. In this paper we argue that proponents of the fitting-attitudes account should reject this view and instead take fittingness as basic. In this way they avoid the notorious ‘wrong kind of reason’ problem, (...) and can offer attractive accounts of reasons and good reasoning in terms of fittingness. (shrink)

According to an influential hypothesis, the speech act of assertion is subject to a single 'constitutive' rule, that takes the form: "One must: assert that p only if p has C". Scholars working on assertion interpret the assumption that this rule is 'constitutive' in different ways. This disagreement, often unacknowledged, threatens the foundations of the philosophical debate on assertion. This paper reviews different interpretations of the claim that assertion is governed by a constitutive rule. It argues that once we understand (...) the full import of assuming that assertion is governed by a constitutive rule, it becomes clear that some fundamental assumptions of the current debate are mistaken, and others unwarranted. (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)

The paper addresses a popular argument that accounts of assertion in terms of constitutive norms are incompatible with conventionalism about assertion. The argument appeals to an alleged modal asymmetry: constitutive rules are essential to the acts they characterize, and therefore the obligations they impose necessarily apply to every instance; conventions are arbitrary, and thus can only contingently regulate the practices they establish. The paper argues that this line of reasoning fails to establish any modal asymmetry, by invoking the distinction between (...) the non-discriminating existence across possible worlds of types of practices and institutions defined by constitutive rules, and the discriminating existence of those among them that are actually in force, and hence truly normative. The necessity of practices defined by constitutive rules that the argument relies on concerns the former, while conventionalist claims are only about the latter. The paper should thus contribute to get a better understanding of what social constructs conceived as defined by constitutive norms are. It concludes by suggesting considerations that are relevant to deciding whether assertion is in fact conventional. (shrink)