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)

" Biosemantics " was the title of a paper on mental representation originally printed in The Journal of Philosophy in 1989. It contained a much abbreviated version of the work on mental representation in Language Thought and Other Biological Categories. There I had presented a naturalist theory of intentional signs generally, including linguistic representations, graphs, charts and diagrams, road sign symbols, animal communications, the "chemical signals" that regulate the function of glands, and so forth. But the term " biosemantics " (...) has usually been applied only to the theory of mental representation. Let me first characterize a more general class of theories called "teleological theories of mental content" of which biosemantics is an example. Then I will discuss the details that distinguish biosemantics from other naturalistic teleological theories. (shrink)

Provides a comprehensive introduction to the major philosophical theories attempting to explain the workings of language.

Introduction: Science and Common Sense Long before the beginnings of modern civilization, men ac- quired vast funds of information about their environment. ...

J.L. Mackie insists that ordinary evaluative thought presents itself as a matter of sensitivity to aspects of the world. And this phenomenological thesis seems correct. When one or another variety of philosophical non-cognitivism claims to capture the truth about what the experience of value is like, or (in a familiar surrogate for phenomenology) about what we mean by our evaluative language, the claim is never based on careful attention to the lived character of evaluative thought or discourse. The idea is, (...) rather, that the very concept of the cognitive or factual rules out the possibility of an undiluted representation of how things are, enjoying, nevertheless, the internal relation to 'attitudes' or the will that would be needed to count as evaluative. On this view the phenomenology of value would involve a mere incoherence, if it were as Mackie says--a possibility that then tends (naturally enough) not to be so much as entertained. But, as Mackie sees, there is no satisfactory justification for supposing that the factual is, by definition, attitudinatively and motivationally neutral. This clears away the only obstacle to accepting his phenomenological claim; and the upshot is that non-cognitivism must offer to correct the phenomenology of value, rather than give an account of it. -/- In Machie's view the correction is called for. In this paper I want to suggest that he attributes an unmerited plausibility to this thesis, by giving a false picture of what one is committed to if one resists it. (shrink)

It has become increasingly common for legal positivist theorists to claim that the primary objective of legal theory in general, and legal positivism in particular, is "explaining normativity." The phrase "explaining normativity" can be understood either ambitiously or more modestly. The more modest meaning is an analytical exploration of what is meant by legal or moral obligation, or by the authority claims of legal officials. When the term is understood ambitiously - as meaning an explanation of how conventional and other (...) empirical facts can give rise to moral obligations - as many legal positivist theorists seem to be using the phrase, the project is contrary to basic tenets of legal positivism, and has regularly led theorists to propose doubtful theories that ignore "is"/"ought" divisions. (shrink)

Tthis book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.

This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.

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)

An original and elegant work of metaethics, this book brings a new clarity and rigor to the discussion of these tangled issues, and will significantly alter the ...

Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.

John Austin's classic work that has had a profound influence on the study of English and American law presents Austin's distinction between "positive law" (i.e.

In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.

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)

This book is an uncompromising defense of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. The book concludes with a detailed discussion of the obligation to obey the law--a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.

This book examines some of the deepest questions in philosophy: What is involved in judging a belief, action, or feeling to be rational?

Is morality rational? In this book Gauthier argues that moral principles are principles of rational choice. He proposes a principle whereby choice is made on an agreed basis of cooperation, rather than according to what would give an individual the greatest expectation of value. He shows that such a principle not only ensures mutual benefit and fairness, thus satisfying the standards of morality, but also that each person may actually expect greater utility by adhering to morality, even though the choice (...) did not have that end primarily in view. In resolving what may appear to be a paradox, the author establishes morals on the firm foundation of reason. Gauthier's argument includes an account of value, linking it to preference and utility; a discussion of the curcumstances in which morality is unnecessary; and an application of morals by agreement to relations between peoples at different levels of development and different generations. Finally, he reflects on the assumptions about individuality and community made by his account of rationality and morality. (shrink)

As meaning's claim to normativity has grown increasingly suspect the normativity thesis has shifted to mental content. In this paper, we distinguish two versions of content normativism: 'CE normativism', according to which it is essential to content that certain 'oughts' can be derived from it, and 'CD normativism', according to which content is determined by norms in the first place. We argue that neither type of normativism withstands scrutiny. CE normativism appeals to the fact that there is an essential connection (...) between content and correctness conditions. But, we argue, this fact is by itself normatively innocent, and attempts to add a normative dimension via the normativity of belief ultimately fail. CD normativism, in turn, falls prey to the 'dilemma of regress and idleness': the appeal to rules either leads to some form of regress of rules, or the notion of rule-following is reduced to an idle label. We conclude by suggesting that our arguments do not support naturalism: it is a mistake to assume that normativism and naturalism are our only options. (shrink)

The problem I have in mind is the problem of the possible justification of subjecting one's will to that of another, and of the normative standing of demands to do so. The account of authority that I offered, many years ago, under the title of the service conception of authority, addressed this issue, and assumed that all other problems regarding authority are subsumed under it. Many found the account implausible. It is thin, relying on very few ideas. It may well (...) appear to be too thin, and to depart too far from many of the ideas that have gained currency in the history of reflection on authority. The present article modifies some aspects the account, and defends it against some criticism made against it. (shrink)

Following the pioneering work of David Lewis, many philosophers believe that the rationale of following a convention consists in the fact that conventions are solutions to recurrent coordination problems. Margaret Gilbert has criticised this view, offering an alternative account of the nature of conventions and their normative aspect. In this paper I argue that Gilbert's criticism of Lewis and her alternative suggestions rest on serious misunderstandings. As between these two opposed views, Lewis's is closer to the truth, but I argue (...) only with respect to one type of convention. There is another, important type of conventions, whose normativity does not consist in the solution of coordination problems. The validity of conventions constituting (what I call) autonomous practices can only be derived from the values inherent in the practices they constitute and those values cannot be specified independently of the conventions themselves. (shrink)

Contemporary realist theories of value claim to be compatible with natural science. In this paper, I call this claim into question by arguing that Darwinian considerations pose a dilemma for these theories. The main thrust of my argument is this. Evolutionary forces have played a tremendous role in shaping the content of human evaluative attitudes. The challenge for realist theories of value is to explain the relation between these evolutionary influences on our evaluative attitudes, on the one hand, and the (...) independent evaluative truths that realism posits, on the other. Realism, I argue, can give no satisfactory account of this relation. On the one hand, the realist may claim that there is no relation between evolutionary influences on our evaluative attitudes and independent evaluative truths. But this claim leads to the implausible skeptical result that most of our evaluative judgements are off track due to the distorting pressure of Darwinian forces. The realist’s other option is to claim that there is a relation between evolutionary influences and independent evaluative truths, namely that natural selection favored ancestors who were able to grasp those truths. But this account, I argue, is unacceptable on scientific grounds. Either way, then, realist theories of value prove unable to accommodate the fact that Darwinian forces have deeply influenced the content of human values. After responding to three objections, the third of which leads me to argue against a realist understanding of the disvalue of pain, I conclude by sketching how antirealism is able to sidestep the dilemma I have presented. Antirealist theories of value are able to offer an alternative account of the relation between evolutionary forces and evaluative facts —
an account that allows us to reconcile our understanding of evaluative truth with our understanding of the many non-rational causes that have played a role in shaping our evaluative judgements. (shrink)

This essay juxtaposes the position in metaethics defended, expressivism with quasirealistic trimmings, with the ancient problem of relativism. It argues that, perhaps surprisingly, there is less of a problem of normative truth on this approach than on others. Because ethics is not in the business of representing aspects of the world, there is no way to argue for a plurality of moral truths, simply from the existence of a plurality of moral opinions. The essay also argues that other approaches, which (...) superficially seem better adapted to defending robust and substantive conceptions of moral truth, in fact face more danger from the threat of relativism. This is particularly so in the case of 'secondary quality' or 'response-dependent' approaches, but also in the case of certain kinds of constructivism. (shrink)

Ruth Millikan is well known for having developed a strikingly original way for philosophers to seek understanding of mind and language, which she sees as biological phenomena. She now draws together a series of groundbreaking essays which set out her approach to language. Guiding the work of most linguists and philosophers of language today is the assumption that language is governed by prescriptive normative rules. Millikan offers a fundamentally different way of viewing the partial regularities that language displays, comparing them (...) to biological norms that emerge from natural selection. This yields novel and quite radical consequences for our understanding of the nature of public linguistic meaning, the process of language understanding, how children learn language, and the semantics/pragmatics distinction. (shrink)

Preface 1 Introduction: The Persistence of the Attitudes 2 Individualism and Supervenience 3 Meaning Holism 4 Meaning and the World Order Epilogue Creation Myth Appendix Why There Still Has to be a Language of Thought Notes References Author Index.

What would something unlike us--a chimpanzee, say, or a computer--have to be able to do to qualify as a possible knower, like us? To answer this question at the very heart of our sense of ourselves, philosophers have long focused on intentionality and have looked to language as a key to this condition. Making It Explicit is an investigation into the nature of language--the social practices that distinguish us as rational, logical creatures--that revises the very terms of this inquiry. Where (...) accounts of the relation between language and mind have traditionally rested on the concept of representation, this book sets out an alternate approach based on inference, and on a conception of certain kinds of implicit assessment that become explicit in language. Making It Explicit is the first attempt to work out in detail a theory that renders linguistic meaning in terms of use--in short, to explain how semantic content can be conferred on expressions and attitudes that are suitably caught up in social practices. -/- At the center of this enterprise is a notion of discursive commitment. Being able to talk--and so in the fullest sense being able to think--is a matter of mastering the practices that govern such commitments, being able to keep track of one’s own commitments and those of others. Assessing the pragmatic significance of speech acts is a matter of explaining the explicit in terms of the implicit. As he traces the inferential structure of the social practices within which things can be made conceptually explicit, the author defines the distinctively expressive role of logical vocabulary. This expressive account of language, mind, and logic is, finally, an account of who we are. (shrink)

I. Recent years have witnessed a great resurgence of interest in the writings of the later Wittgenstein, especially with those passages roughly, Philosophical Investigations p)I 38 — 242 and Remarks on the Foundations of mathematics, section VI that are concerned with the topic of rules. Much of the credit for all this excitement, unparalleled since the heyday of Wittgenstein scholarship in the early IIJ6os, must go to Saul Kripke's I4rittgenstein on Rules and Private Language. It is easy to explain why. (...) To begin with, the dialectic Kripke uncovered from Wittgenstein's.. (shrink)

Newcomers to the philosophy of mind are sometimes resistant to the idea that pain is a mental state. If asked to defend their view, they might say something like this: pain is a physical state, it is a state of the body. A pain in one’s leg feels to be in the leg, not ‘in the mind’. After all, sometimes people distinguish pain which is ‘all in the mind’ from a genuine pain, sometimes because the second is ‘physical’ while the (...) first is not. And we also occasionally distinguish mental pain (which is normally understood as some kind of emotional distress) from the ‘physical pain’ one feels in one’s body. So what can be meant by saying that pain is a mental state? Of course, it only takes a little reflection shows that this naive view is mistaken. Pain is a state of consciousness, or an event in consciousness, and whether or not all states of mind are conscious, it is indisputable that only minds, or states of mind, are conscious.2 But does the naive view tell us anything about the concept of pain, or the concept of mind? I think it does. In this paper, I shall give reasons for thinking that consciousness is a form of intentionality, the mind’s ‘direction upon its objects’. I shall claim that the consciousness involved in bodily sensations like pain is constituted by the mind’s direction upon the part or region of the body where the sensation feels to be. Given this, it is less surprising that the naive view of pain says what it does: the apparent ‘physicality’ of pain is a consequence of confusing the object of the intentional state—the part of the body in which the pain is felt—with the state of being in pain. (shrink)

Frank Jackson champions the cause of conceptual analysis as central to philosophical inquiry. In recent years conceptual analysis has been undervalued and widely misunderstood, suggests Jackson. He argues that such analysis is mistakenly clouded in mystery, preventing a whole range of important questions from being productively addressed. He anchors his argument in discussions of specific philosophical issues, starting with the metaphysical doctrine of physicalism and moving on, via free will, meaning, personal identity, motion, and change, to ethics and the philosophy (...) of color. In this way the book not only offers a methodological program for philosophy, but also casts new light on some much-debated problems and their interrelations. (shrink)

This is the second volume of a major new work in moral philosophy. It starts with critiques of Derek Parfit's work by four eminent moral philosophers, and his responses. The largest part of the volume is a self-contained monograph on normativity. The final part comprises seven new essays on Kant, reasons, and why the universe exists.

One of HLA Hart's main contributions to jurisprudence is his theory of social rules. Hart said, essentially, that a social rule exists if the members of a society act in some way and have a certain attitude. Most legal philosophers think that Hart's account of this attitude is too general, however, and that his theory is overinclusive as a result. In this article, I draw on recent work in the philosophy of action to propose a more precise account of the (...) relevant attitude, and a revised version of Hart's theory. I claim that a social rule exists if the members of a society act in some way and ‘accept’ they ought to act this way, independent of their beliefs about the matter. One of the implications of this idea is that the attitude that underlies a social rule is closely analogous to a presumption or fiction about what ought to be done. -/- . (shrink)

This chapter discusses two different issues about the relationship between legal positivism and robust normativity (understood as the most authoritative kind of normativity to which we appeal). First, the chapter argues that, in many contexts when discussing “legal positivism” and “legal antipositivism”, the discussion should be shifted from whether legal facts are ultimately partly grounded in moral facts to whether they are ultimately partly grounded in robustly normative facts. Second, the chapter explores an important difference within the kinds of arguments (...) that legal philosophers give for the (purported) truth of legal positivism. The difference concerns whether (purportedly) robustly normative facts are appealed to as premises in those arguments or not. (A closely connected issue is whether (purportedly) normative facts that bear one or more important connections to robustly normative facts are appealed to in premises to those arguments.) The chapter argues that thinking about this dividing line helps people better situate the positivist/antipositivist dispute, better understand the space of views in legal philosophy, better evaluate those views, and avoid having merely verbal disputes. (shrink)

A key to modern studies of 18th century Western philosophy, the Treatise considers numerous classic philosophical issues, including causation, existence, freedom and necessity and morality. This abridged edition has an introduction which explain's Hume's thought and places it in the context of its times.

This chapter offers an analysis of the authoritatively normative concept PRACTICAL OUGHT that appeals to the constitutive norms for the activity of non-arbitrary selection. It argues that this analysis permits an attractive and substantive explanation of what the distinctive normative authority of this concept amounts to, while also explaining why a clear statement of what such authority amounts to has been so elusive in the recent literature. The account given is contrasted with more familiar constitutivist theories, and briefly shows how (...) it answers “schmagency”-style objections to constitutivist explanations of normativity. Finally, the chapter explains how the account offered here can help realists, error theorist, and fictionalists address central challenges to their views. (shrink)

This paper offers an analysis of the authoritatively normative concept PRACTICAL OUGHT that appeals to the constitutive norms for the activity of non-arbitrary selection. I argue that this analysis permits an attractive and substantive explanation of what the distinctive normative authority of this concept amounts to. I contrast my account with more familiar constitutivist theories, and briefly show how it answers ‘schmagency’-style objections to constitutivist explanations of normativity. Finally, I explain how the account offered here can be used to help (...) realists, error theorist, and fictionalists address central challenges to their views. (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 volume introduces a wide range of important views, questions, and controversies in and about contemporary metaethics. It is natural to ask: What, if anything, connects this extraordinary range of discussions? This introductory chapter aims to answer this question by giving an account of metaethics that shows it to be a unified theoretical activ- ity. According to this account, metaethics is a theoretical activity characterized by an explanatory goal. This goal is to explain how actual ethical thought and talk—and what (...) (if anything) that thought and talk is distinctively about—fits into reality. We begin by introducing and developing this account, and illustrating it via discus- sion of a simple illustrative metaethical theory: Simple Subjectivism. We then explain important upshots of the characterization. Our account is novel and controversial, as is the status of metaethics as a theoretically fruitful project. We thus compare our account to competing characterizations of the field, and explain how our account permits us to address certain challenges to the theoretical significance of a distinctively metaethical project. In the conclusion, we explain why, given our account, one might think that meta- ethics matters, and explain how we understand the history and future of self-conscious metaethical theorizing. As we will emphasize, we should expect new ways of approaching the explanatory project at the heart of metaethics to emerge in the coming years, as the tools and resources we have for tackling that project expand. Our hope is that by empha- sizing the centrality of the explanatory project itself, rather than just focusing narrowly on the views that have been developed so far by those engaged in that project, we can help encourage and facilitate the development of new questions, arguments, and views that help move the field forward. (shrink)

In this article, we propose a novel account of general jurisprudence by situating it within the broader project of metanormative inquiry. We begin by showing how general jurisprudence is parallel to another well-known part of that project, namely, metaethics. We then argue that these projects all center on the same task: explaining how a certain part of thought, talk, and reality fits into reality overall. Metalegal inquiry aims to explain how legal thought, talk, and reality fit into reality. General jurisprudence (...) is the part of metalegal inquiry that focuses on universal legal thought, talk, and reality. (shrink)