It has recently been suggested that a distinctive metaphysical relation— ‘Grounding’—is ultimately at issue in contexts in which some goings-on are said to hold ‘in virtue of’’, be ‘metaphysically dependent on’, or be ‘nothing over and above’ some others. Grounding is supposed to do good work in illuminating metaphysical dependence. I argue that Grounding is also unsuited to do this work. To start, Grounding alone cannot do this work, for bare claims of Grounding leave open such basic questions as whether (...) Grounded goings-on exist, whether they are reducible to or rather distinct from Grounding goings-on, whether they are efficacious, and so on; but in the absence of answers to such basic questions, we are not in position to assess the associated claim or theses concerning metaphysical dependence. There is no avoiding appeal to the specific metaphysical relations typically at issue in investigations into dependence—for example, type or token identity, functional realization, classical mereological parthood, the set membership relation, the proper subset relation, the determinable/determinate relation, and so on—which are capable of answering these questions. But, I argue, once the specific relations are on the scene, there is no need for Grounding. (shrink)

Philosophers readily talk about merely verbal disputes, usually without much or any explicit reflection on what these are, and a good deal of methodological significance is attached to discovering whether a dispute is merely verbal or not. Currently, metaphilosophical advances are being made towards a clearer understanding of what exactly it takes for something to be a merely verbal dispute. This paper engages with this growing literature, pointing out some problems with existing approaches, and develops a new proposal which builds (...) on their strengths. (shrink)

This article argues that the best way to pursue systematic normative ethical theorizing involves metaethical enquiry. My argument builds upon two central claims. First, I argue that plausible metaethical accounts can have implications that can help to resolve the methodological controversies facing normative ethics. Second, I argue that metaethical research is at least roughly as well supported as normative ethical research. I conclude by examining the implications of my thesis. Inter alia, it shows that the common practice of engaging in (...) systematic normative theorizing uninformed by metaethical commitments offers a significant and troubling hostage to metaethical fortune. (shrink)

The philosophical interest of verbal disputes is twofold. First, they play a key role in philosophical method. Many philosophical disagreements are at least partly verbal, and almost every philosophical dispute has been diagnosed as verbal at some point. Here we can see the diagnosis of verbal disputes as a tool for philosophical progress. Second, they are interesting as a subject matter for first-order philosophy. Reflection on the existence and nature of verbal disputes can reveal something about the nature of concepts, (...) language, and meaning. In this article I first characterize verbal disputes, spell out a method for isolating and resolving them, and draw out conclusions for philosophical methodology. I then use the framework to draw out consequences in first-order philosophy. In particular, I argue that the analysis of verbal disputes can be used to support the existence of a distinctive sort of primitive concept and that it can be used to reconstruct a version of an analytic/synthetic distinction, where both are characterized in dialectical terms alone. (shrink)

The author presents and defends three theses: (1) "the first is that it is not profitable for us at present to do moral philosophy; that should be laid aside at any rate until we have an adequate philosophy of psychology." (2) "the second is that the concepts of obligation, And duty... And of what is morally right and wrong, And of the moral sense of 'ought', Ought to be jettisoned if this is psychologically possible...." (3) "the third thesis is that (...) the differences between the well-Known english writers on moral philosophy from sidgwick to the present day are of little importance." (staff). (shrink)

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

This paper distinguishes two kinds of realist issue -- the issue of whether the propositions of a given domain are factual and the issue of whether they are fundamental. It criticizes previous accounts of what these issues come to and suggests that they are to be understood in terms of a basic metaphysical concept of reality. This leaves open the question of how such issues are to be resolved; and it is argued that this may be done through consideration of (...) what grounds the facts of a given domain, when fundamentality is in question, and what grounds our engagement with the putative facts, when factuality is in question. (shrink)

Does morality override self-interest? Or does self-interest override morality? These questions become important in situations where there is conflict between the overall verdicts of morality and self-interest, situations where morality on balance requires an action that is contrary to our self-interest, or where considerations of self-interest on balance call for an action that is forbidden by morality. In situations of this kind, we want to know what we ought simpliciter to do. If one of these standpoints over-rides the other, then (...) there is a straightforward answer. We ought simpliciter to act on the verdict of the overriding standpoint. For purposes of this essay, I assume that there are possible cases in which the overall verdicts of morality and self-interest conflict. I will call cases of this kind “conflict cases.” The verdict of morality in a conflict case would be a proposition as to what we ought morally to do, or as to what we have the most moral reason to do; the verdict of self-interest would be a proposition as to what we ought to do in our self-interest, or as to what action is best supported by reasons or considerations of self-interest. These propositions are action-guiding or normative in a familiar sense. The conflict between morality and self-interest in conflict cases is there-fore a normative conflict; it is a conflict between the overall verdicts of different normative standpoints. I take it that the question of whether morality overrides self-interest is the question of whether the verdicts of morality are normatively more important than the verdicts of self-interest. In due course, I will explain the idea of normative importance as well as the ideas of a normative proposition and of a reason. (shrink)

It has been suggested that many philosophical theses—physicalism, normative naturalism, phenomenalism, and so on—should be understood in terms of ground. Against this, Ted Sider (2011) has argued that ground is ill-suited for this purpose. Here I develop Sider’s objection and offer a response. In doing so I develop a view about the role of ground in philosophy, and about the content of these distinctively philosophical theses.

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)

Let us give voice to this new demand: we need a critique of moral values, the value of these values should itself, for once, be examined. - Friedrich NietzscheAnyone who, stimulated by education, has come to feel the force of the various obligations in life, at some time or other comes to feel the irksomeness of carrying them out, and to recognize the sacrifice of interest involved; and, if thoughtful, he inevitably puts to himself the question: “Is there really a (...) reason why I should act in the ways in which hitherto I have thought I ought to act? … Should I not really be justified in simply trying to have a good time?” - H.A. Prichard. (shrink)

Suppose now that two philosophers, McX and I, differ over ontology. Suppose McX maintains there is something which I maintain there is not. McX can, quite consistently with his own point of view, describe our difference of opinion by saying that I refuse to recognize certain entities. I should protest of course that he is wrong in his formulation of our disagreement, for I maintain that there are no entities, of the kind which he alleges, for me to recognize; but (...) my finding him wrong in his formulation of our disagreement is unimportant, for I am committed to considering him wrong in his ontology anyway. When I try to formulate our difference of opinion, on the other hand, I seem to be in a predicament. I cannot admit that there are some things which McX countenances and I do not, for in admitting that there are such things I should be contradicting my own rejection of them. (shrink)

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

One class of central debates between normative realists appears to concern whether we should be naturalists or reductionists about the normative. However, metaethical discussion of naturalism and reduction is often inconsistent, murky, or uninformative. This can make it hard to see why commitments relative to these metaphysical categories should matter to normative realists. This paper aims to clarify the nature of these categories, and their significance in debates between normative realists. I develop and defend what I call the joint-carving taxonomy, (...) which builds on David Lewis’ notion of elite properties. I argue that this taxonomy is clear and metaphysically interesting, and answers to distinctive taxonomic interests of normative realists. I also suggest that it has important implications for the project of adjudicating debates among normative realists. (shrink)

In “How Facts Make Law” and other recent work, Mark Greenberg argues that legal positivists cannot develop a viable constitutive account of law that meets what he calls the “the rational-relation requirement.” He argues that this gives us reason to reject positivism in favor of antipositivism. In this paper, I argue that Greenberg is wrong: positivists can in fact develop a viable constitutive account of law that meets the rational-relation requirement. I make this argument in two stages. First, I offer (...) an account of the rational-relation requirement. Second, I put forward a viable positivist account of law that I argue meets this requirement. The account that I propose is a version of Scott Shapiro’s Planning Theory of Law. The version of Shapiro’s account that I propose combines (1) the account of concepts and conceptual analysis put forward by David Chalmers and Frank Jackson with (2) the account of the concept LEGAL INSTITUTION (and its conceptual connections to the concept LEGAL NORM) that we get from a certain reading of Shapiro’s Planning Theory. In addition to providing a compelling response to Greenberg’s argument in “How Facts Make Law,” I argue that the explanation for why my response to Greenberg works underscores one of the central problems facing legal antipositivism: namely, its lack of a convincing account of the nature of legal institutions. (shrink)

My purpose here is to examine the question of how the law can be incorporated within morality and how the existence of the law can impinge on our moral rights and duties, a question (or questions) which is a central aspect of the broad question of the relation between law and morality. My conclusions cast doubts on the incorporation thesis, that is, the view that moral principles can become part of the law of the land by incorporation.

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

Let us give voice to this new demand: we need a critique of moral values, the value of these values should itself, for once, be examined. -Friedrich NietzscheAnyone who, stimulated by education, has come to feel the force of the various obligations in life, at some time or other comes to feel the irksomeness of carrying them out, and to recognize the sacrifice of interest involved; and, if thoughtful, he inevitably puts to himself the question: “Is there really a reason (...) why I should act in the ways in which hitherto I have thought I ought to act? … Should I not really be justified in simply trying to have a good time?” -H.A. Prichard. (shrink)