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Normativity in Language and Law

In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press. pp. 287-313 (2019)

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  1. What normative terms mean and why it matters for ethical theory.Alex Silk - 2015 - In Mark Timmons (ed.), Oxford Studies in Normative Ethics, Volume 5. Oxford, GB: Oxford University Press UK. pp. 296–325.
    This paper investigates how inquiry into normative language can improve substantive normative theorizing. First I examine two dimensions along which normative language differs: “strength” and “subjectivity.” Next I show how greater sensitivity to these features of the meaning and use of normative language can illuminate debates about three issues in ethics: the coherence of moral dilemmas, the possibility of supererogatory acts, and the connection between making a normative judgment and being motivated to act accordingly. The paper concludes with several brief (...)
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  • Semantics with Assignment Variables.Alex Silk - 2021 - Cambridge: Cambridge University Press.
    This book combines insights from philosophy and linguistics to develop a novel framework for theorizing about linguistic meaning and the role of context in interpretation. A key innovation is to introduce explicit representations of context — assignment variables — in the syntax and semantics of natural language. The proposed theory systematizes a spectrum of “shifting” phenomena in which the context relevant for interpreting certain expressions depends on features of the linguistic environment. Central applications include local and nonlocal contextual dependencies with (...)
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  • (1 other version)Language, Truth, and Logic.A. J. Ayer - 1936 - Philosophy 23 (85):173-176.
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  • (1 other version)The Pure Theory of Law.Hans Kelsen & Max Knight - 1968 - Philosophical Quarterly 18 (73):377-377.
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  • Studies in the Way of Words.D. E. Over - 1990 - Philosophical Quarterly 40 (160):393-395.
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  • The Language of Morals.J. Kemp - 1954 - Philosophical Quarterly 4 (14):94-95.
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  • The Interpretive Turn. [REVIEW]Ken Kress - 1987 - Ethics 97 (4):834-860.
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  • How to embed an epistemic modal: Attitude problems and other defects of character.Alex Silk - 2017 - Philosophical Studies 174 (7):1773-1799.
    This paper develops a contextualist account of certain recalcitrant embedding phenomena with epistemic modals. I focus on three prominent objections to contextualism from embedding: first, that contextualism mischaracterizes subjects’ states of mind; second, that contextualism fails to predict how epistemic modals are obligatorily linked to the subject in attitude ascriptions; and third, that contextualism fails to explain the persisting anomalousness of so-called “epistemic contradictions” in suppositional contexts. Contextualists have inadequately appreciated the force of these objections. Drawing on a more general (...)
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  • Linguistic semantics: an introduction.John Lyons - 1995 - New York: Cambridge University Press.
    Linguistic Semantics: An Introduction is the successor to Sir John Lyons's important textbook Language, Meaning and Context (1981).While preserving the general structure of the earlier book, the author has substantially expanded its scope to introduce several topics that were not previously discussed, and to take account of new developments in linguistic semantics over the past decade. The resulting work is an invaluable guide to the subject, offering clarifications of its specialised terms and explaining its relationship to formal and philosophical semantics (...)
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  • Norm and Action: A Logical Enquiry.George Pitcher - 1965 - Philosophical Review 74 (4):519.
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  • (1 other version)The Language of Morals.Richard Mervyn Hare - 1952 - Oxford, England: Oxford University Press.
    Hare has written a clear, brief, and readable introduction to ethics which looks at all the fundamental problems of the subject.
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  • Discourse Contextualism: A Framework for Contextualist Semantics and Pragmatics.Alex Silk - 2016 - Oxford, GB: Oxford University Press UK.
    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 (...)
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  • From Epistemic Contextualism to Epistemic Expressivism.Matthew Chrisman - 2007 - Philosophical Studies 135 (2):225-254.
    In this paper, I exploit the parallel between epistemic contextualism and metaethical speaker-relativism to argue that a promising way out of two of the primary problems facing contextualism is one already explored in some detail in the ethical case – viz. expressivism. The upshot is an argument for a form of epistemic expressivism modeled on a familiar form of ethical expressivism. This provides a new nondescriptivist option for understanding the meaning of knowledge attributions, which arguably better captures the normative nature (...)
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  • Which Concepts Should We Use?: Metalinguistic Negotiations and The Methodology of Philosophy.David Plunkett - 2015 - Inquiry: An Interdisciplinary Journal of Philosophy 58 (7-8):828-874.
    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 (...)
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  • Law’s Empire.Ronald Dworkin - 1986 - Harvard University Press.
    In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.
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  • Essays on Bentham: Jurisprudence and Political Theory. [REVIEW]Gerald J. Postema - 1985 - Philosophical Review 94 (4):571-574.
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  • Conditionals, Meaning, and Mood.William Starr - 2010 - Dissertation, Rutgers University
    This work explores the hypothesis that natural language is a tool for changing a language user's state of mind and, more specifically, the hypothesis that a sentence's meaning is constituted by its characteristic role in fulfilling this purpose. This view contrasts with the dominant approach to semantics due to Frege, Tarski and others' work on artificial languages: language is first and foremost a tool for representing the world. Adapted to natural language by Davidson, Lewis, Montague, et. al. this dominant approach (...)
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  • Confusion of Tongues: A Theory of Normative Language.Stephen Finlay - 2014 - New York, US: Oup Usa.
    Can normative words like "good," "ought," and "reason" be defined in non-normative terms? Stephen Finlay argues that they can, advancing a new theory of the meaning of this language and providing pragmatic explanations of the specially problematic features of its moral and deliberative uses which comprise the puzzles of metaethics.
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  • Referring as a collaborative process.Herbert H. Clark & Deanna Wilkes-Gibbs - 1986 - Cognition 22 (1):1-39.
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  • Disagreement and the Semantics of Normative and Evaluative Terms.David Plunkett & Timothy Sundell - 2013 - Philosophers' Imprint 13 (23):1-37.
    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 (...)
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  • The Application of Constraint Semantics to the Language of Subjective Uncertainty.Eric Swanson - 2016 - Journal of Philosophical Logic 45 (2):121-146.
    This paper develops a compositional, type-driven constraint semantic theory for a fragment of the language of subjective uncertainty. In the particular application explored here, the interpretation function of constraint semantics yields not propositions but constraints on credal states as the semantic values of declarative sentences. Constraints are richer than propositions in that constraints can straightforwardly represent assessments of the probability that the world is one way rather than another. The richness of constraints helps us model communicative acts in essentially the (...)
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  • (1 other version)Bayesian Expressivism.Seth Yalcin - 2012 - Proceedings of the Aristotelian Society 112 (2pt2):123-160.
    I develop a conception of expressivism according to which it is chiefly a pragmatic thesis about some fragment of discourse, one imposing certain constraints on semantics. The first half of the paper uses credal expressivism about the language of probability as a stalking-horse for this purpose. The second half turns to the question of how one might frame an analogous form of expressivism about the language of deontic modality. Here I offer a preliminary comparison of two expressivist lines. The first, (...)
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  • Imperatives and Modals.Paul Portner - 2007 - Natural Language Semantics 15 (4):351-383.
    Imperatives may be interpreted with many subvarieties of directive force, for example as orders, invitations, or pieces of advice. I argue that the range of meanings that imperatives can convey should be identified with the variety of interpretations that are possible for non-dynamic root modals (what I call ‘priority modals’), including deontic, bouletic, and teleological readings. This paper presents an analysis of the relationship between imperatives and priority modals in discourse which asserts that, just as declaratives contribute to the Common (...)
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  • Truth Conditions and the Meanings of Ethical Terms1.Alex Silk - 2013 - Oxford Studies in Metaethics 8:195.
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  • A Flexible Contextualist Account of Epistemic Modals.Janice Dowell, J. L. - 2011 - Philosophers' Imprint 11:1-25.
    On Kratzer’s canonical account, modal expressions (like “might” and “must”) are represented semantically as quantifiers over possibilities. Such expressions are themselves neutral; they make a single contribution to determining the propositions expressed across a wide range of uses. What modulates the modality of the proposition expressed—as bouletic, epistemic, deontic, etc.—is context.2 This ain’t the canon for nothing. Its power lies in its ability to figure in a simple and highly unified explanation of a fairly wide range of language use. Recently, (...)
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  • (2 other versions)Epistemic Modals in Context.Andy Egan, John Hawthorne & Brian Weatherson - 2005 - In Gerhard Preyer & Georg Peter (eds.), Contextualism in philosophy: knowledge, meaning, and truth. New York: Oxford University Press. pp. 131-168.
    A very simple contextualist treatment of a sentence containing an epistemic modal, e.g. a might be F, is that it is true iff for all the contextually salient community knows, a is F. It is widely agreed that the simple theory will not work in some cases, but the counterexamples produced so far seem amenable to a more complicated contextualist theory. We argue, however, that no contextualist theory can capture the evaluations speakers naturally make of sentences containing epistemic modals. If (...)
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  • Pragmatic Presuppositions.Robert Stalnaker - 1999 - In Context and Content: Essays on Intentionality in Speech and Thought. Oxford, GB: Oxford University Press UK. pp. 47--62.
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  • Linguistic Communication and Speech Acts.Kent Bach & Robert M. Harnish - 1979 - Cambridge, MA: MIT Press.
    a comprehensive, somewhat Gricean theory of speech acts, including an account of communicative intentions and inferences, a taxonomy of speech acts, and coverage of many topics in pragmatics -/- .
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  • Disagreements about taste.Timothy Sundell - 2011 - Philosophical Studies 155 (2):267-288.
    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 (...)
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  • (3 other versions)Language, truth and logic.Alfred Jules Ayer - 1936 - London,: V. Gollancz.
    A dissertation in the tradition of logical positivism includes a discussion of the functions and methods of philosophy and a critique of ethics and theology.
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  • 'Law'.Jules L. Coleman & Ori Simchen - 2003 - Legal Theory 9 (1):1-41.
    We explore the relationship between jurisprudential theories pertaining to the nature of law and semantic and metasemantic theories pertaining to the meaning of ‘law’ in the wake of Dworkin’s notorious Semantic Sting argument in Law’s Empire (HUP 1986). Along the way we delineate various aspects of the semantic and metasemantic underpinnings of ‘law’ as an artifact term and advance the general methodological point that jurisprudential inquiry is only negligibly constrained by the findings of semantic and metasemantic inquiry.
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  • (2 other versions)Ethics.G. E. Moore - 1912 - New York [etc.]: Oxford University Press.
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  • Metaethical Contextualism Defended.Gunnar Björnsson & Stephen Finlay - 2010 - Ethics 121 (1):7-36.
    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 (...)
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  • Epistemology without metaphysics.Hartry Field - 2009 - Philosophical Studies 143 (2):249 - 290.
    The paper outlines a view of normativity that combines elements of relativism and expressivism, and applies it to normative concepts in epistemology. The result is a kind of epistemological anti-realism, which denies that epistemic norms can be (in any straightforward sense) correct or incorrect; it does allow some to be better than others, but takes this to be goal-relative and is skeptical of the existence of best norms. It discusses the circularity that arises from the fact that we need to (...)
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  • (1 other version)The practice of principle: in defence of a pragmatist approach to legal theory.Jules L. Coleman (ed.) - 2001 - New York: Oxford University Press.
    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.
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  • The sources of normativity.Christine Marion Korsgaard - 1996 - New York: Cambridge University Press. Edited by Onora O'Neill.
    Ethical concepts are, or purport to be, normative. They make claims on us: they command, oblige, recommend, or guide. Or at least when we invoke them, we make claims on one another; but where does their authority over us - or ours over one another - come from? Christine Korsgaard identifies four accounts of the source of normativity that have been advocated by modern moral philosophers: voluntarism, realism, reflective endorsement, and the appeal to autonomy. She traces their history, showing how (...)
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  • Wise choices, apt feelings: a theory of normative judgment.Allan Gibbard - 1990 - Cambridge: Harvard University Press.
    This book examines some of the deepest questions in philosophy: What is involved in judging a belief, action, or feeling to be rational?
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  • Content Relativism and Semantic Blindness.Herman Cappelen - 2008 - In G. Carpintero & M. Koelbel (eds.), Relative Truth. Oxford University Press. pp. 265-86.
    For some relativists some of the time the evidence for their view is a puzzling data pattern: On the one hand, there's evidence that the terms in question exhibit some kind of content stability across contexts. On the other hand, there's evidence that their contents vary from one context of use to another. The challenge is to reconcile these two sets of data. Truth relativists claim that their theory can do so better than contextualism and invariantism. Truth relativists, in effect, (...)
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  • CIA leaks.Kai von Fintel & Anthony S. Gillies - 2008 - Philosophical Review 117 (1):77-98.
    Epistemic modals are standardly taken to be context-dependent quantifiers over possibilities. Thus sentences containing them get truth-values with respect to both a context and an index. But some insist that this relativization is not relative enough: `might'-claims, they say, only get truth-values with respect to contexts, indices, and—the new wrinkle—points of assessment (hence, CIA). Here we argue against such "relativist" semantics. We begin with a sketch of the motivation for such theories and a generic formulation of them. Then we catalogue (...)
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  • The emotive meaning of ethical terms.Charles Leslie Stevenson - 1937 - Mind 46 (181):14-31.
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  • What is the internal point of view?Scott Shapiro - manuscript
    Though the “internal point of view” is perhaps H.L.A. Hart’s greatestcontribution to legal theory, this concept is also often and easily misunderstood. This is unfortunate, not only because these misreadings distort Hart’s theory, but, more importantly, because they prevent us from appreciating the infirmities of sanction-centered theories of law and the compelling reasons why they ought to be rejected. In this paper, I try to address some of these confusions. What, exactly, is the internal point of view? What role (or (...)
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  • Relativism and disagreement.John MacFarlane - 2007 - Philosophical Studies 132 (1):17-31.
    The relativist's central objection to contextualism is that it fails to account for the disagreement we perceive in discourse about "subjective" matters, such as whether stewed prunes are delicious. If we are to adjudicate between contextualism and relativism, then, we must first get clear about what it is for two people to disagree. This question turns out to be surprisingly difficult to answer. A partial answer is given here; although it is incomplete, it does help shape what the relativist must (...)
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  • (1 other version)Scorekeeping in a language game.David Lewis - 1979 - Journal of Philosophical Logic 8 (1):339--359.
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  • Context dependence, disagreement, and predicates of personal taste.Peter Lasersohn - 2005 - Linguistics and Philosophy 28 (6):643--686.
    This paper argues that truth values of sentences containing predicates of “personal taste” such as fun or tasty must be relativized to individuals. This relativization is of truth value only, and does not involve a relativization of semantic content: If you say roller coasters are fun, and I say they are not, I am negating the same content which you assert, and directly contradicting you. Nonetheless, both our utterances can be true (relative to their separate contexts). A formal semantic theory (...)
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  • Indexical Relativism versus genuine relativism.Max Kölbel - 2004 - International Journal of Philosophical Studies 12 (3):297 – 313.
    The main purpose of this paper is to characterize and compare two forms any relativist thesis can take: indexical relativism and genuine relativism. Indexical relativists claim that the implicit indexicality of certain sentences is the only source of relativity. Genuine relativists, by contrast, claim that there is relativity not just at the level of sentences, but also at propositional level. After characterizing each of the two forms and discussing their difficulties, I argue that the difference between the two is significant.
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  • (1 other version)Norm and Action: A Logical Enquiry.Georg Henrik von Wright - 1963 - New York, NY, USA: Routledge and Kegan Paul.
    This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...)
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  • Internalism and speaker relativism.James Dreier - 1990 - Ethics 101 (1):6-26.
    In this article I set out a reason for believing in a form of metaethical relativism. In rough terms, the reason is this: a widely held thesis, internalism, tells us that to accept (sincerely assert, believe, etc.) a moral judgment logically requires having a motivating reason. Since the connection is logical, or conceptual, it must be explained by a theory of what it is to accept a moral claim. I argue that the internalist feature of moral expressions can best be (...)
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  • Relativism and Non-Relativism in the Theory of Value.Charles L. Stevenson - 1961 - Proceedings and Addresses of the American Philosophical Association 35:25 - 44.
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  • (1 other version)Language, Truth and Logic. [REVIEW]E. N. - 1936 - Journal of Philosophy 33 (12):328.
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  • Modality, mood, and change of modal meanings: A new perspective.Heiko Narrog - 2005 - Cognitive Linguistics 16 (4):677-731.
    This paper has two goals. The first is to develop a cross-linguistically valid model of modality and mood that captures the most important dimensions along which modal expressions vary. I posit a model with two such dimensions, one of volitivity, and one of event-orientation vs. speaker-orientation, mood being placed at the speaker-oriented end relative to modality proper. The second goal is to provide a new perspective on semantic change of modal expressions on the basis of the proposed model. I argue (...)
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