The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart's Postscript, with fully updated notes to include modern references (...) and further reading. (shrink)

Hare has written a clear, brief, and readable introduction to ethics which looks at all the fundamental problems of the subject.

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)

It is always awkward when someone asks me informally what I’m working on and I answer that I’m trying to figure out what gender is. For outside a rather narrow segment of the academic world, the term ‘gender’ has come to function as the polite way to talk about the sexes. And one thing people feel pretty confident about is their knowledge of the difference between males and females. Males are those human beings with a range of familiar primary and (...) secondary sex characteristics, most important being the penis; females are those with a different set, most important being the vagina or, perhaps, the uterus. Enough said. Against this background, it isn’t clear what could be the point of an inquiry, especially a philosophical inquiry, into “what gender is”. (shrink)

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

Kevin Scharp proposes an original theory of the nature and logic of truth on which truth is an inconsistent concept that should be replaced for certain theoretical purposes. He argues that truth is best understood as an inconsistent concept, and proposes a detailed theory of inconsistent concepts that can be applied to the case of truth. Truth also happens to be a useful concept, but its inconsistency inhibits its utility; as such, it should be replaced with consistent concepts that can (...) do truth's job without giving rise to paradoxes. To this end, Scharp offers a pair of replacements, which he dubs ascending truth and descending truth, along with an axiomatic theory of them and a new kind of possible-worlds semantics for this theory. He goes to develop Davidson's idea that truth is best understood as the core of a measurement system for rational phenomena, and offers a semantic theory that treats truth predicates as assessment-sensitive and solves the problems posed by the liar and other paradoxes. (shrink)

The concepts we use to value and prescribe are historically contingent, and we could have found ourselves with others. But what does it mean to say that some concepts are better than others for purposes of action-guiding and deliberation? What is it to choose between different normative conceptual frameworks?

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)

When speakers utter conflicting moral sentences, it seems clear that they disagree. It has often been suggested that the fact that the speakers disagree gives us evidence for a claim about the semantics of the sentences they are uttering. Specifically, it has been suggested that the existence of the disagreement gives us reason to infer that there must be an incompatibility between the contents of these sentences. This inference then plays a key role in a now-standard argument against certain theories (...) in moral semantics. In this paper, we introduce new evidence that bears on this debate. We show that there are moral conflict cases in which people are inclined to say both that the two speakers disagree and that it is not the case at least one of them must be saying something incorrect. We then explore how we might understand such disagreements. As a proof of concept, we sketch an account of the concept of disagreement and an independently motivated theory of moral semantics which, together, explain the possibility of such cases. (shrink)

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)

Of the dozens of purported solutions to the liar paradox published in the past fifty years, the vast majority are "traditional" in the sense that they reject one of the premises or inference rules that are used to derive the paradoxical conclusion. Over the years, however, several philosophers have developed an alternative to the traditional approaches; according to them, our very competence with the concept of truth leads us to accept that the reasoning used to derive the paradox is sound. (...) That is, our conceptual competence leads us into inconsistency. I call this alternative the inconsistency approach to the liar. Although this approach has many positive features, I argue that several of the well-developed versions of it that have appeared recently are unacceptable. In particular, they do not recognize that if truth is an inconsistent concept, then we should replace it with new concepts that do the work of truth without giving rise to paradoxes. I outline an inconsistency approach to the liar paradox that satisfies this condition. (shrink)

I argue for the possibility of substantive aesthetic disagreements in which both parties speak truly. The possibility of such disputes undermines an argument mobilized by relativists such as Lasersohn (Linguist Philos 28:643–686, 2005) and MacFarlane (Philos Stud 132:17–31, 2007) against contextualism about aesthetic terminology. In describing the facts of aesthetic disagreement, I distinguish between the intuition of dispute on the one hand and the felicity of denial on the other. Considered separately, neither of those phenomena requires that there be a (...) single proposition asserted by one party to an aesthetic dispute and denied by the other. I suggest instead that many such disputes be analyzed as disputes over the selection or appropriateness of a contextually salient aesthetic standard. (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)

This book investigates context-sensitivity in natural language by examining the meaning and use of a target class of theoretically recalcitrant expressions. These expressions-including epistemic vocabulary, normative and evaluative vocabulary, and vague language -exhibit systematic differences from paradigm context-sensitive expressions in their discourse dynamics and embedding properties. Many researchers have responded by rethinking the nature of linguistic meaning and communication. Drawing on general insights about the role of context in interpretation and collaborative action, Silk develops an improved contextualist theory of CR-expressions (...) within the classical truth-conditional paradigm: Discourse Contextualism. The aim of Discourse Contextualism is to derive the distinctive linguistic behavior of a CR-expression from a particular contextualist interpretation of an independently motivated formal semantics, along with general principles of interpretation and conversation. It is shown how in using CR-expressions, speakers can exploit their mutual grammatical and world knowledge, and general pragmatic reasoning skills, to coordinate their attitudes and negotiate about how the context should evolve. The book focuses primarily on developing a Discourse Contextualist semantics and pragmatics for epistemic modals. The Discourse Contextualist framework is also applied to other categories of epistemic vocabulary, normative and evaluative vocabulary, and vague adjectives. The similarities/differences among these expressions, and among context-sensitive expressions more generally, have been underexplored. The development of Discourse Contextualism in this book sheds light on general features of meaning and communication, and the variety of ways in which context affects and is affected by uses of language. Discourse Contextualism provides a fruitful framework for theorizing about various broader issues in philosophy, linguistics, and cognitive science. (shrink)

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

This essay investigates whether or not we should think that the things we say are identical to the things our sentences mean. It is argued that these theoretical notions should be distinguished, since assertoric content does not respect the compositionality principle. As a paradigmatic example, Kaplan's formal language LD is shown to exemplify a failure of compositionality. It is demonstrated that by respecting the theoretical distinction between the objects of assertion and compositional values certain conflicts between compositionality and contextualism are (...) avoided. This includes the conflict between eternalism and the semantics of tense, the embedding problems for contextualism about epistemic modals and taste claims, and the conflict between direct reference and the semantics of bound pronouns (and monstrous operators). After presenting the theoretical picture which distinguishes assertoric content from compositional semantic value, some objections to the picture are addressed. In so doing, the objection from King (2003) stemming from apparent complications with the interaction of temporal expressions and attitude reports is assessed and shown to be non-threatening. (shrink)

This paper is about the relationship between two questions: the question of what the objects of assertion are and the question of how best to theorise about ‘shifty’ phenomena like modality and tense. I argue that the relationship between these two questions is less direct than is often supposed. I then explore the consequences of this for a number of debates in the philosophy of language.

According to content-relativist theories of moral language, different speakers use the same moral sentences to say different things. Content-relativism faces a well-known problem of lost disagreement. Recently, numerous content-relativists (including the author) have proposed to solve this problem by appeal to various kinds of non-content-based, or broadly pragmatic, disagreement. This presents content-relativists with a new problem—of found agreement. Which (if any) of these newly identified kinds of conflict is correctly identified as the lost moral disagreement we were looking for? This (...) paper offers a critical comparison of different content-relativist proposals. It divides them into two broad categories, quasi-expressivist theories (QED) and metalinguistic theories (MLD). Objections to each are considered, and QED is tentatively found to be superior. (shrink)

This paper proposes a new relational account of concepts and shows how it is particularly well suited to characterizing normative concepts. The key advantage of our ‘connectedness’ model is that it explains how subjects can share the same normative concepts despite radical divergences in the descriptive or motivational commitments they associate with them. The connectedness model builds social and historical facts into the foundations of concept identity. This aspect of the model, we suggest, reshapes normative epistemology and provides new resources (...) for a vindication of realism in ethics. (shrink)

Using a vague predicate can make commitments about the appropriate use of that predicate in the remaining part of the discourse. For instance, if I assert that some particular pig is fat, I am committed to judging any fatter pig to be fat as well. We can model this update effect by recognizing that truth depends both on the state of the world and on the state of the discourse: the truth conditions of ‘This pig is fat’ rule out evaluation (...) points for which the pig in question in world w is thinner than the cutoff for fatness in the discourse d. Then disagreements about taste are disagreements about the discourse. Unlike disagreements about the world, disagreements about the discourse can be faultless, given that none of the discourse participants has privileged authority to make pronouncements about conventions for appropriate use of a predicate. Thus on the dynamic view developed here, whether or not a dispute about taste turns out to be faultless depends in part on predictable features of the previous discourse. On this account, faultless disagreement involving predicates of personal taste does not force relativizing truth to a judge or assessor. (shrink)

I call into question a pair of closely related assumptions that are almost universally shared in the literature on predicates of taste. The assumptions are, first, that predicates of taste – words like ‘tasty’ – are semantically evaluative. In other words, that it is part of the meaning of a word like ‘tasty’ to describe an object as in some sense good, or to say that it is pleasing. And second, that the meaning of predicates of taste is in some (...) way relativized to an experiencer or standard – the person that the object is pleasing to or the standard according to which the object is good. Parties to the literature on these terms tend to disagree about the role of context in determining the truth of claims involving predicates of taste, or in determining which proposition is expressed. But they agree that to call some dish ‘tasty’ is to say something positive about that dish, to suggest that someone or other finds, or is disposed to find, the dish pleasing. I suggest instead that ‘tasty’, and indeed... (shrink)

One of the central debates in legal philosophy is the debate over legal positivism. Roughly, positivists say that law is ultimately grounded in social facts alone, whereas antipositivists say it is ultimately grounded in both social facts and moral facts. In this paper, I argue that philosophers involved in the dispute over legal positivism sometimes employ distinct concepts when they use the term “law” and pick out different things in the world using these concepts. Because of this, what positivists say (...) might well then be true of one thing (e.g., law1) but false of another (e.g., law2). Accepting this thesis does not mean that the philosophers engaged in this dispute are “talking past each other” or engaged in a “merely verbal dispute” that lacks substance. I argue that participants in this dispute are sometimes arguing about what they should mean by the word “law” in the context at hand. This involves putting forward competing proposals about which concept the word “law” should be used to express. This is an issue in what I call “conceptual ethics.” This argument in conceptual ethics can be well worth having, given the connotations that the term “law” plays in many contexts, ranging from legal argument to political philosophy to social-scientific inquiry. Sometimes, I claim, philosophers (and ordinary speakers) engage in such argument tacitly by competing “metalinguistic” usages of the term “law”—usages of the term that express a view (in this case, a normative view) about the meaning of the word itself. In such cases, speakers on different sides of the positivism debate might in fact both speak truly, in terms of the literal (semantic) content of what they both say. Nonetheless, they may disagree in virtue of views in conceptual ethics about “law” that they express through the nonliteral content of what they say. These views in conceptual ethics often reflect further disagreements about issues that are not ultimately about words or concepts. These include foundational ones in ethics and politics about how we should live and what kind of institutions should govern our lives. My metalinguistic account of the dispute over legal positivism better equips us to identify what such issues are and to engage them more fruitfully. (shrink)

One of Ronald Dworkin's most distinctive claims in legal philosophy is that law is an interpretative concept, a special kind of concept whose correct application depends neither on fixed criteria nor on an instance-identifying decision procedure but rather on the normative or evaluative facts that best justify the total set of practices in which that concept is used. The main argument that Dworkin gives for interpretivism about some conceptis a disagreement-based argument. We argue here that Dworkin's disagreement-based argument relies on (...) a mistaken premise about the nature of disagreement. We propose an alternative analysis of the type of disputeseeming variation casesthat Dworkin uses to motivate the idea of interpretative concepts. We begin by observing that genuine disagreements can be expressed via a range of linguistic mechanisms, many of which do not require that speakers literally assert and deny one and the same proposition. We focus in particular on what we call disputes in which speakers do not express the same concepts by their words but rather negotiate how words should be used and thereby negotiate which of a range of competing concepts should be used in that context. We claim that this view has quite general theoretical advantages over Dworkin's interpretivism about seeming variation cases and about the relevant class of legal disputes in particular. This paper thus has two interlocking goals: (1) to undermine one of Dworkin's core arguments for interpretivism, and (2) to provide the foundations for a noninterpretivist alternative account of an important class of legal disputes. (shrink)

Lewisian reference magnetism about linguistic content determination [Lewis 1983 has been defended in recent work by Weatherson [2003] and Sider [2009], among others. Two advantages claimed for the view are its capacity to make sense of systematic error in speakers' use of their words, and its capacity to distinguish between verbal and substantive disagreements. Our understanding of both error and disagreement is linked to the role of usage and first order intuitions in semantics and in linguistic theory more generally. I (...) argue, partially on the basis of these more general considerations, that reference magnetism delivers implausible results. Specifically, I argue that the proponent of reference magnetism maintains her analysis of genuinely systematic error at the cost of an empirically unjustifiable error theory regarding ordinary usage. In response, I describe an alternative view of content determination—MUMPS, or Meaning is Use Minus Pragmatics—which is not committed to such error theories. Despite this advantage, MUMPS has high prima facie costs. On such a view, there is a great deal of variation in linguistic meaning across speakers and times. As a result, a large number of seemingly mistaken claims are analysed as expressing true propositions. Correspondingly, a large number of seemingly substantive disagreements are analysed as terminological. However, I argue that these consequences are not as costly as they seem. Despite appearances, MUMPS is consistent with objective, metaphysically realist adjudication of disagreements, even in cases where meanings are not shared and where both parties to a dispute speak truly. MUMPS thus allows for a more nuanced understanding of linguistic usage, change, and variation, without imposing a commitment to any form of metaphysical anti-realism. (shrink)