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)

Why do promises give rise to reasons? I consider a quadruple of possibilities which I think will not work, then sketch the explanation of the normativity of promising I find more plausible—that it is constitutive of the practice of promising that promise-breaking implies liability for blame and that we take liability for blame to be a bad thing. This effects a reduction of the normativity of promising to conventionalism about liability together with instrumental normativity and desire-based reasons. This is important (...) for a number of reasons, but the most important reason is that this style of account can be extended to account for nearly all normativity—one notable exception being instrumental normativity itself. Success in the case of promises suggests a general reduction of normativity to conventions and instrumental normativity. But success in the cases of promises is already quite interesting and does not depend essentially the general claim about normativity. (shrink)

In The Myth of Morality, Richard Joyce argues that moral discourse is hopelessly flawed. At the heart of ordinary moral judgements is a notion of moral inescapability, or practical authority, which, upon investigation, cannot be reasonably defended. Joyce argues that natural selection is to blame, in that it has provided us with a tendency to invest the world with values that it does not contain, and demands that it does not make. Should we therefore do away with morality, as we (...) did away with other faulty notions such as witches? Possibly not. We may be able to carry on with morality as a 'useful fiction' - allowing it to have a regulative influence on our lives and decisions, perhaps even playing a central role - while not committing ourselves to believing or asserting falsehoods, and thus not being subject to accusations of 'error'. (shrink)

According to a naïve view sometimes apparent in the writings of moral philosophers, ‘ought’ often expresses a relation between agents and actions – the relation that obtains between an agent and an action when that action is what that agent ought to do. It is not part of this naïve view that ‘ought’ always expresses this relation – on the contrary, adherents of the naïve view are happy to allow that ‘ought’ also has an epistemic sense, on which it means, (...) roughly, that some proposition is likely to be the case, and adherents of the naïve view are also typically happy to allow that ‘ought’ also has an evaluative sense, on which it means, roughly, that were things ideal, some proposition would be the case.1 What is important to the naïve view is not that these other senses of ‘ought’ do not exist, but rather that they are not exhaustive – for what they leave out, is the important deliberative sense of ‘ought’, which is the central subject of moral inquiry about what we ought to do and why – and it is this deliberative sense of ‘ought’ which the naïve view understands to express a relation between agents and actions.2 In contrast, logically and linguistically sophisticated philosophers – with a few notable exceptions3 – have rejected this naïve view. According to a dominant perspective in the interpretation of deontic logic and in linguistic semantics, for example, articulated by Roderick Chisholm (1964) and Bernard Williams (1981) in philosophy and in the dominant paradigm in linguistic semantics as articulated in particular by.. (shrink)

Rationality Through Reasoning answers the question of how people are motivated to do what they believe they ought to do, built on a comprehensive account of normativity, rationality and reasoning that differs significantly from much existing philosophical thinking. Develops an original account of normativity, rationality and reasoning significantly different from the majority of existing philosophical thought Includes an account of theoretical and practical reasoning that explains how reasoning is something we ourselves do, rather than something that happens in us Gives (...) an account of what reasons are and argues that the connection between rationality and reasons is much less close than many philosophers have thought Contains rigorous new accounts of oughts including owned oughts, agent-relative reasons, the logic of requirements, instrumental rationality, the role of normativity in reasoning, following a rule, the correctness of reasoning, the connections between intentions and beliefs, and much else. Offers a new answer to the ‘motivation question’ of how a normative belief motivates an action. (shrink)

What is law (and why should we care)? -- Crazy little thing called "law" -- Austin's sanction theory -- Hart and the rule of recognition -- How to do things with plans -- The making of a legal system -- What law is -- Legal reasoning and judicial decision making -- Hard cases -- Theoretical disagreements -- Dworkin and distrust -- The economy of trust -- The interpretation of plans -- The value of legality.

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)

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)

The impact moral judgments have on our deliberations and actions seems to vary a great deal. Moral judgments play a large part in the lives of some people, who are apt not only to make them, but also to be guided by them in the sense that they tend to pursue what they judge to be of moral value, and shun what they judge to be of moral disvalue. But it seems unrealistic to claim that moral judgments play a pervasive (...) role in the lives of all or even most people. There are considerable variations in how strong a tendency people have to think in moral terms, and in how such thoughts affect their decisions and actions. For every moral hero who single- mindedly pursues moral values, there are thousands of less com- mitted people who only do so when it does not cost them too much in material comfort, personal relations, or social standing. And of course, what counts as too much varies from person to person. On top of such variations, there are those who consistently display mor- al indifference-people who concede, for example, that certain investment policies have morally problematic consequences, but who can readily and without compunction ignore that in their busi- ness decisions. There even seem to be moral subversives, people who intentionally and knowingly pursue what they acknourledge to be morally u~ong or bad, and do so for that very reason. (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)

In recent years, several philosophers - including Joshua Gert, Douglas Portmore, and Elizabeth Harman - have argued that there is a sense in which morality itself does not treat moral reasons as consistently overriding.2 My aim in the present essay is to develop and extend this idea from a somewhat different perspective. In doing so, I offer an alternative way of formalizing the idea that morality is modest about the weight of moral reasons in this way, thereby making more explicit (...) the connections between this thesis and similar issues in the epistemic sphere. In addition, I discuss how these ideas can transform our thinking about familiar questions in ethics such as the nature of self-effacement, the significance of reflective endorsement, the weight that moral reasons ought to be given in all things consideration, and the plausibility of “indirect” moral theories. Finally, I show that these ideas are compatible even with pictures of morality – such as Kant’s – on which morality might seem to anything but modest about its own importance. In doing so, I stress that it is possible to see morality as modest about the weight of specifically moral reasons, while also seeing all practical reasons as grounded in morality more indirectly – namely, by seeing morality as determining the weight that both moral and non-moral considerations deserve to have in all things considered deliberation. (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)

I defend normative subjectivism against the charge that believing in it undermines the functional role of normative judgment. In particular, I defend it against the claim that believing that our reasons change from context to context is problematic for our use of normative judgments. To do so, I distinguish two senses of normative universality and normative reasons---evaluative universality and reasons and ontic universality and reasons. The former captures how even subjectivists can evaluate the actions of those subscribing to other conventions; (...) the latter explicates how their reasons differ from ours. I then show that four aspects of the functional role of normativity---evaluation of our and others actions and reasons, normative communication, hypothetical planning, and evaluating counternromative conditionals---at most requires our normative systems being evaluatively universal. Yet reasonable subjectivist positions need not deny evaluative universality. (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 paper investigates whether different philosophers’ claims about “normativity” are about the same subject or (as recently argued by Derek Parfit) theorists who appear to disagree are really using the term with different meanings, in order to cast disambiguating light on the debates over at least the nature, existence, extension, and analyzability of normativity. While I suggest the term may be multiply ambiguous, I also find reasons for optimism about a common subject-matter for metanormative theory. This is supported partly by (...) sketching a special kind of hybrid view of normative judgment, perspectivism, that occupies a position between cognitivism and noncognitivism, naturalism and nonnaturalism, objectivism and subjectivism, making it more plausible that radically different metanormative theories could be about the same thing. I explore three main fissures: between (i) the “normativity” of language/thought versus that of facts and properties, (ii) abstract versus substantive senses, and (iii) formal versus robust senses. (shrink)

There are many different oughts. There is a moral ought, a prudential ought, an epistemic ought, the legal ought, the ought of etiquette, and so on. These oughts can prescribe incompatible actions. What I morally ought to do may be different from what I self-interestedly ought to do. Philosophers have claimed that these conflicts are resolved by an authoritative ought, or by facts about what one ought to do simpliciter or all-things-considered. However, the only coherent notion of an ought simpliciter (...) has preposterous first-order normative commitments. It is more reasonable to reject the ought simpliciter in favor of the form of normative pluralism advocated in (Tiffany 2007). (shrink)

Like much in this book, the title and dust jacket illustration are clever. The first evokes Hume's remark in the Treatise that ‘Reason is, and ought only to be the slave of the passions.’ The second, which represents a cross between a dance-step and a clinch, links up with the title and anticipates an example used throughout the book to support its central claims: that Ronnie, unlike Bradley, has a reason to go to a party – namely, that there will (...) be dancing at the party – because Ronnie, unlike Bradley, loves dancing. So, the explanation of why Ronnie's and Bradley's reasons differ lies in their respective psychologies.Schroeder argues for a version of the Humean Theory of Reasons he calls Hypotheticalism, which says that every reason is explained by a desire in the same way as Ronnie's is. Schroeder argues that on almost every count, Hypotheticalism is as good as, or preferable to, the Humean and non-Humean alternatives; and he defends it against an array of objections. For example, he explains that while Hypotheticalism claims that ‘desires have to serve in the explanation of every reason because desires are part of the correct analysis of reasons’, it does not claim that a desire that explains a reason is part of that reason: rather it is a background condition for it. This, Schroeder argues, allows him to rebut a variety of objections that depend on conflating reasons with their background conditions. Other …. (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)

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.

Long claimed to be the dominant conception of practical reason, the Humean theory that reasons for action are instrumental, or explained by desires, is the basis for a range of worries about the objective prescriptivity of morality. As a result, it has come under intense attack in recent decades. A wide variety of arguments have been advanced which purport to show that it is false, or surprisingly, even that it is incoherent. Slaves of the Passions aims to set the record (...) straight, by advancing a version of the Humean theory of reasons which withstands this sophisticated array of objections. Schroeder defends a radical new view which, if correct, means that the commitments of the Humean theory have been widely misunderstood. Along the way, he raises and addresses questions about the fundamental structure of reasons, the nature of normative explanations, the aims of and challenges facing reductive views in metaethics, the weight of reasons, the nature of desire, moral epistemology, and most importantly, the relationship between agent-relational and agent-neutral reasons for action. (shrink)

The word 'ought' is one of the core normative terms, but it is also a modal word. In this book Matthew Chrisman develops a careful account of the semantics of 'ought' as a modal operator, and uses this to motivate a novel inferentialist account of why ought-sentences have the meaning that they have. This is a metanormative account that agrees with traditional descriptivist theories in metaethics that specifying the truth-conditions of normative sentences is a central part of the explanation of (...) their meaning. But Chrisman argues that this leaves important metasemantic questions about what it is in virtue of which ought-sentences have the meanings that they have unanswered. His appeal to inferentialism aims to provide a viable anti-descriptivist but also anti-expressivist answer to these questions. (shrink)

Michael Ridge presents an original expressivist theory of normative judgments--Ecumenical Expressivism--which offers distinctive treatments of key problems in metaethics, semantics, and practical reasoning. He argues that normative judgments are hybrid states partly constituted by ordinary beliefs and partly constituted by desire-like states.

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 (...) roles) does it play in Hart’s theory? And how does an adequate appreciation for the centrality of the internal point of view lead to the rejection of sanction-centered theories? (shrink)