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)

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)

Moral debunking arguments are meant to show that, by realist lights, moral beliefs are not explained by moral facts, which in turn is meant to show that they lack some significant counterfactual connection to the moral facts (e.g., safety, sensitivity, reliability). The dominant, “minimalist” response to the arguments—sometimes defended under the heading of “third-factors” or “pre-established harmonies”—involves affirming that moral beliefs enjoy the relevant counterfactual connection while granting that these beliefs are not explained by the moral facts. We show that (...) the minimalist gambit rests on a controversial thesis about epistemic priority: that explanatory concessions derive their epistemic import from what they reveal about counterfactual connections. We then challenge this epistemic priority thesis, which undermines the minimalist response to debunking arguments (in ethics and elsewhere). (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)

This chapter provides a selective survey of prominent theories of the semantics of deontic modals in logic and natural language. We focus on Kratzer’s (1977; 1981; 1991) semantics and extensions to this analysis. Kratzer’s semantics has been far and away the most influential theory of deontic modals, which provide a base case for the interpretation of normative language in general. Understanding the logic and truth-conditions of normative language is one of the core areas of metaethics. It informs our understanding of (...) normative arguments and normative reasoning. As this chapter will emphasize, some forms of normative language don’t allow for the inferences that classical logic trains philosophers to expect. Understanding what inferences are valid for normative language should impact our under-standing of how we reason, and should reason, about the normative. We will first look at how deontic modals are understood in the context of modal logic and natural language. Then we’ll survey some recent debates and discoveries in the literature on deontic modals in natural language. We close with some considerations about the relevance of natural language to metaethics. (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)

Anti-realism is often claimed to be preferable to realism on epistemological grounds: while realists have difficulty explaining how we can ever know claims if we are realists about it, anti-realism faces no analogous problem. This paper focuses on anti-realism about normativity to investigate this alleged advantage to anti-realism in detail. I set up a framework in which a version of anti-realism explains a type of modal reliability that appears to be epistemologically promising, and plausibly explains the appearance of an epistemological (...) advantage to realism. But, I argue, this appearance is illusory, and on closer investigation the anti-realist view does not succeed in explaining the presence of familiar epistemological properties for normative belief like knowledge or the absence of defeat. My conclusion on the basis of this framework is that there is a tension in the anti-realist view between the urge to idealize the conditions in which normative beliefs ground normative facts, and a robust kind of reliability that normative belief can have if the anti-realist resists these idealizations. (shrink)

There is a substantial literature on evolutionary debunking arguments (EDAs) in metaethics. According to these arguments, evolutionary explanations of our moral beliefs pose a significant problem for moral realism, specifically by committing the realist to an unattractive pessimism about the prospects of our having moral knowledge. In this paper, I argue that EDAs exploit an equivocation between two distinct readings of their central claim. One is plausibly true but has no epistemic relevance, and the other would have epistemic consequences for (...) realism, but is false. If I'm right, this undermines attempts to use evolutionary explanations to debunk belief in other domains too. (shrink)

This paper explores evolutionary debunking arguments as they arise in metaethics against moral realism and in philosophy of religion against naturalism. Both literatures have independently grappled with the question of which beliefs one may use to respond to a potential defeater. In this paper, I show how the literature on the argument against naturalism can help clarify and bring progress to the literature on moral realism with respect to this question. Of note, it will become clear that the objection that (...) the moral realist begs the question, when appealing to the truth of some of her moral beliefs, is unsuccessful. (shrink)

Evolutionary debunking arguments, notably Sharon Street’s Darwinian Dilemma (2006), allege that moral realists need to explain the reliability of our moral judgments, given their evolutionary sources. David Copp (2008) and David Enoch (2010) take up the challenge. I argue on empirical grounds that realists have not met the challenge and moreover cannot do so. The outcome is that there are empirically-motivated reasons for thinking moral realists cannot explain moral reliability, given our current empirical understanding.

Evolutionary debunking arguments move from a premise about the influence of evolutionary forces on our moral beliefs to a skeptical conclusion about those beliefs. My primary aim is to clarify this empirically grounded epistemological challenge. I begin by distinguishing among importantly different sorts of epistemological attacks. I then demonstrate that instances of each appear in the literature under the ‘evolutionary debunking’ title. Distinguishing them clears up some confusions and helps us better understand the structure and potential of evolutionary debunking arguments.

Evolutionary debunking arguments start with a premise about the influence of evolutionary forces on our evaluative beliefs, and conclude that we are not justified in those beliefs. The value realist holds that there are attitude-independent evaluative truths. But the debunker argues that we have no reason to think that the evolutionary forces that shaped human evaluative attitudes would track those truths. Worse yet, we seem to have a good reason to think that they wouldn’t: evolution selects for characteristics that increase (...) genetic fitness—not ones that correlate with the evaluative truth. Plausibly, the attitudes and judgments that increase a creature’s fitness come apart from the true evaluative beliefs. My aim in this paper is to show that no plausible evolutionary debunking argument can both have force against the value realist and not collapse into a more general skeptical argument. I conclude that there is little hope for evolutionary debunking arguments. This is bad news for the debunker who hoped that the cold, hard scientific facts about our origins would debunk our evaluative beliefs. And it is good news for the realist. (shrink)

What implications, if any, does evolutionary biology have for metaethics? Many believe that our evolutionary background supports a deflationary metaethics, providing a basis at least for debunking ethical realism. Some arguments for this conclusion appeal to claims about the etiology of the mental capacities we employ in ethical judgment, while others appeal to the etiology of the content of our moral beliefs. In both cases the debunkers’ claim is that the causal roles played by evolutionary factors raise deep epistemic problems (...) for realism: if ethical truths are objective or independent of our evaluative attitudes, as realists maintain, then we lose our justification for our ethical beliefs once we become aware of the evolutionary shaping of our ethical capacities or beliefs, which would not have disposed us reliably to track independent ethical truths; realism, they claim, thus saddles us with ethical skepticism. I distinguish and spell out various evolutionary debunking arguments along these lines and argue that they all fail: the capacity etiology argument fails to raise any special or serious problem for realism, and the content etiology arguments all rely on strong explanatory claims about our moral beliefs that are simply not supported by the science unless it is supplemented by philosophical claims that just beg the question against realism from the start. While the various debunking arguments do bring out some interesting commitments of ethical realism, and even raise some good challenges as realists develop positive moral epistemologies, they fall far short of their debunking ambitions. (shrink)

Which concepts should we use to think and talk about the world, and to do all of the other things that mental and linguistic representation facilitates? This is the guiding question of the field that we call ‘conceptual ethics’. Conceptual ethics is not often discussed as its own systematic branch of normative theory. A case can nevertheless be made that the field is already quite active, with contributions coming in from areas as diverse as fundamental metaphysics and social/political philosophy. In (...) this pair of papers, we try to unify the field, reflecting on its basic nature, structure, and methodology. (shrink)

Recent debate in metaethics over evolutionary debunking arguments against morality has shown a tendency to abstract away from relevant empirical detail. Here, I engage the debate about Darwinian debunking of morality with relevant empirical issues. I present four conditions that must be met in order for it to be reasonable to expect an evolved cognitive faculty to be reliable: the environment, information, error, and tracking conditions. I then argue that these conditions are not met in the case of our evolved (...) faculty for moral judgement. (shrink)

It is increasingly common to suggest that the combination of evolutionary theory and normative realism leads inevitably to a general scepticism about our ability to reliably form normative beliefs. In what follows, I argue that this is not the case. In particular, I consider several possible arguments from evolutionary theory and normative realism to normative scepticism and explain where they go wrong. I then offer a more general diagnosis of the tendency to accept such arguments and why this tendency should (...) be resisted. (shrink)

Evolutionary debunking arguments are arguments that appeal to the evolutionary origins of evaluative beliefs to undermine their justification. This paper aims to clarify the premises and presuppositions of EDAs—a form of argument that is increasingly put to use in normative ethics. I argue that such arguments face serious obstacles. It is often overlooked, for example, that they presuppose the truth of metaethical objectivism. More importantly, even if objectivism is assumed, the use of EDAs in normative ethics is incompatible with a (...) parallel and more sweeping global evolutionary debunking argument that has been discussed in recent metaethics. After examining several ways of responding to this global debunking argument, I end by arguing that even if we could resist it, this would still not rehabilitate the current targeted use of EDAs in normative ethics given that, if EDAs work at all, they will in any case lead to a truly radical revision of our evaluative outlook. (shrink)

Having no recourse to ways of knowing about the natural world, ethical non-naturalists are in need of an epistemology that might apply to a normative breed of facts or properties, and intuitionism seems well suited to fill that bill. Here I argue that the metaphysical inspiration for ethical intuitionism undermines that very epistemology, for this pair of views generates what I call the defeater from cosmic coincidence. Unfortunately, we face not a happy union, but a difficult choice: either ethical intuitionism (...) or ethical non-naturalism, but not both. (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 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)

Evolutionary debunking arguments claim that evolution has influenced our moral faculties in such a way that, if moral realism is true, then we have no positive moral knowledge. I present several popular objections to the standard version of this argument, then give a new EDA that has clear advantages in responding to these objections. Whereas the Standard EDA argues that evolution has selected for many moral beliefs with certain contents, this New EDA claims that evolution has selected for one belief: (...) belief in the claim that categorical reasons exist. If moral realism is true, then this claim is entailed by all positive moral claims, and belief in it is defeated due to evolutionary influence. This entails that if realism is true, then we have no positive moral knowledge. While there may be objections against this New EDA, it is much stronger than the Standard EDA, and one realists ought to worry about. (shrink)