Ce texte vise à proposer quelques arguments pour une critique empiriste de la hiérarchie des normes, c'est-à-dire pour les besoins d'une science du droit descriptive et explicative. La hiérarchie des normes est à la fois objet d’étude scientifique, et théorie construisant cet objet. Une approche empiriste nécessite la formalisation de quelques concepts et une justification minimale de la possibilité d'une science juridique empiriste : ce seront les objets des premiers points de ce texte. Il s'agira ensuite de proposer une formulation (...) de la conception de la hiérarchie des normes à laquelle l’empirisme peut conduire, permettant de réévaluer la théorie (normativiste) de la hiérarchie des normes proposée par Kelsen comme une théorie politique, qui ne décrit pas son objet mais le construit comme contrainte. (shrink)

Many natural scientists explain the evolutionary origin of morality by documenting altruistic behaviour in our nearest nonhuman relatives. Christine Korsgaard has criticized such attempts on the premise that they do not put enough effort in explaining the capacity to be motivated by normative thoughts. She speculates that normative motivation may have originated with the internalization of the dominance instincts. In this article I will challenge the dominance hierarchy hypothesis by arguing that a proper investigation into how and when dominance (...) inhibits behaviour does not seem to reveal a minimal normative dimension. (shrink)

Charlotte Witt covers a remarkable amount of ground in this concise and elegantly written book. Coming in at under 150 pages, she artfully weaves together Aristotle’s theory of functions with contemporary work on cultural transmission and apprenticeship, ideas about self-creation with theories of aspiration and transformative experience, and reflections on the relationships among social norms and games with thoughts about social roles and the nature of hierarchy. At the heart of it is an elaboration and defense of a (...) thoroughly externalist account of social normativity. Witt takes skilled experts, especially artisans like chefs and carpenters, as paradigm cases for theorizing about social normativity. She uses them to argue that the ultimate source of many normative obligations is found not in the acquiescence, attitudes, or any other features internal to those on whom those obligations fall. Rather, the demands are rooted in the world itself, and flow from specific circumstances, especially from the constraints those circumstances impose on different actors in virtue of the tasks they need to perform. The result is a view that depicts social normativity not just as external to individuals but also unavoidably role specific; what is right for a chef is not necessarily right for a carpenter, and what makes for a good nurse might make for a poor drill sergeant. Witt’s presentation of this package of ideas is both careful and austere, and it makes for a wonderfully thought provoking read. Social Goodness: On the Ontology of Social Norms will reward the careful attention of anyone interested in social ontology, especially the metaphysical foundations of normativity, the nature of social norms, and the relationship between social roles and the self. (shrink)

Social egalitarianism holds that justice requires that people relate to one another as equals. To explain the content of this requirement, social egalitarians often appeal to the moral equality of persons. This leads to two very different interpretations of social egalitarianism. The first involves the specification of a conception of the moral equality of persons that is distinctive of the social egalitarian view. Social (or relational) egalitarianism can then claim that for people to relate as equals is for the relations (...) between them to conform to this conception of their moral equality. I will argue against this type of view. Instead, I will argue that social egalitarianism should propose a distinctive conception of social equality as a purely sociological phenomenon. I will show how this conception allows us to formulate the types of normative claims social egalitarianism should make. On this picture, social egalitarianism, instead of identifying social hierarchy as a distinctive kind of wrong, makes standard normative claims about a distinctive kind of social phenomenon. (shrink)

[This paper is available as open access from the publisher.] Normative theories aim to explain why things have the normative features they have. This paper argues that, contrary to some plausible existing views, one important kind of normative explanations which first-order normative theories aim to formulate and defend can fail to transmit downward along chains of metaphysical determination of normative facts by non-normative facts. Normative explanation is plausibly subject to a kind of a justification condition whose satisfaction may fail to (...) transmit along the relevant kind of metaphysical hierarchy. A broader aim of the paper is to contribute to systematic theorizing about normative explanation: whereas there has been a great deal of work on scientific explanation, there has been little by way of systematic exploration of what sort of explanations normative theories aim to formulate and defend. (shrink)

In both The Right and the Good and Foundations of Ethics, W. D. Ross maintains that any amount of the non-instrumental value of virtue outweighs any amount of the non-instrumental value of pleasure or avoidance of pain. The chapter raises two challenges to the status that Ross accords the value of virtue relative to the value of pleasure (pain). First, it argues that Ross fails to provide a good argument for thinking that virtue is always better than pleasure and that (...) it is in any case implausible to think that any amount of virtue (or avoidance of vice) is better than the avoidance of any amount of pain or suffering. Second, it argues that the inflexibility of Ross’s value theory exhibited in his claim about the relative value of virtue produces tension with and mars the attractive heterarchical structure of his theory of rightness or prima facie duties. (shrink)

This article explains how social norms can help to distinguish and understand a range of different kinds of social inequality and social hierarchy. My aim is to show how the literature on social norms can provide crucial resources to relational egalitarianism, which has made social equality and inequality into a central topic of contemporary normative political theorizing. The hope is that a more discriminating and detailed picture of different kinds of social inequality will help relational egalitarians move (...) beyond a discussion of the justice or injustice of social equality as a single general category. (shrink)

Most of the contributions to Cooperation and Its Evolution grapple with the distinctive challenges presented by the project of explaining human sociality. Many of these puzzles have a ‘chicken and egg’ character: our virtually unparalleled capacity for large-scale cooperation is the product of psychological, behavioural, and demographic changes in our recent evolutionary history, and these changes are linked by complex patterns of reciprocal dependence. There is much we do not yet understand about the timing of these changes, and about the (...) order in which different aspects of human social psychology (co-)evolved. In this review essay, I discuss four such puzzles the volume raises. These concern punishment and norm-psychology, moral judgement and the moral emotions, hierarchy and top-down coercion, and property rights and legal systems. (shrink)

L’analyse des juristes médiévaux nous montre comment la manipulation des contradictions déontiques prima facie est associée, dans l’argumentation interprétative, à la théorie de la légitimité de la hiérarchie normative, entendue non seulement comme instrument politique mais aussi et essentiellement comme un instrument de rationalité au sein d’une science juridique orientée vers une théologie politique. La notion de droit naturel telle qu’elle apparaît dans certains documents emblématiques dont le Decretum de Gratien du XIIe s., ne peut être réduite au modèle intellectualiste (...) aristotélo-thomiste du XIIIe s. Il y a plusieurs façons de penser le droit naturel dans le monde médiéval chrétien et latin ; elles se maintiennent sur plusieurs siècles et l’une d’elles au moins a des points de contacts et de désaccord avec les traditions juives et musulmanes. Ces courants de pensée qui s’écartent du modèle intellectualiste aristotélo-thomiste peuvent être regroupés au sein d’une famille (au sens wittgensteinien) de modèles volontaristes : les contradictions déontiques peuvent être plus fortes que des contradictions prima facie, elles peuvent être d’authentiques contradictions renvoyant à un nouvel acte de volonté comme la seule façon d’éliminer la contradiction déontique. La théorie de Duns Scot peut être utilisée comme illustrant le problème d’une approche ontologique volontariste extrême. | Une autre version de cette contribution a été publiée dans Parisoli (2008d : 124–141). (shrink)

Structural injustice broadly refers to objectionable outcomes produced by generally accepted social structures for members of particular social groups. But theorists of structural injustice have said relatively little about why certain outcomes are objectionable, and many theorists suggestively connect structural injustice to a worry about oppression without explaining their precise normative concerns. I provide a normative analysis of structural injustice that addresses this gap and clarifies its connection to oppression. On this view, there are two kinds of structural injustice, each (...) grounded in a distinct moral concern. One is a freedom-based concern for how social structures harmfully constrain members of a social group, depriving them of the means to develop and exercise their capacities. The other is an equality-based concern for how social structures subordinate a social group to others in hierarchies of power, standing, and esteem. By disentangling these concerns, this account shows that our social structures contain multiple kinds of injustice that do not necessarily travel together; some social groups experience unfreedom without being subordinated to others, and indeed their unfreedom is intertwined with their dominant position over subordinated groups. Furthermore, against prevailing philosophical accounts, this analysis shows that there are good reasons to understand oppression primarily as an issue of inequality rather than an issue of unfreedom. (shrink)

Recently, there has been some discussion of how Dutch Book arguments might be used to demonstrate the rational incoherence of certain hidden variable models of quantum theory. In this paper, we argue that the 'form of inconsistency' underlying this alleged irrationality is deeply and comprehensively related to the more familiar 'inconsistency' phenomenon of contextuality. Our main result is that the hierarchy of contextuality due to Abramsky and Brandenburger corresponds to a hierarchy of additivity/convexity-violations which yields formal Dutch Books (...) of different strengths. We then use this result to provide a partial assessment of whether these formal Dutch Books can be interpreted normatively. (shrink)

Contemporary knowledge is centered on the research on human dimensions. Philosophy should particularly appeal to values in the process of understanding the human nature. The valuable “becoming” of each human person requires growing ever more aware of his/her personal identity and of his/her role in this lifetime. In ethics, especially, values suppose moral choices or criteria on which a moral behavior is based. Max Scheler based his ethical theory on the distinction between goods and values. The “goods” are things to (...) which we attach some physical worth, and the “values” are the object of emotional perception, of the “sentiment of value” and of the place they have in the hierarchy of values. Even if the human being attributes a certain worth to individual things, he/she is always searching for a universal value, which should exceed the contingency of that thing. This universal validity is a kind of ideal measure of the value of all empiric realities and it is articulated by a normative rationality. It forms a system of universal norms that contribute to the foundation of critical axiological judgments. What values are the most enhanced by our post-modern society? Are they the same as during the modern period? What would distinguish them from the values of other cultural periods of humankind? How do we react to the new challenges generated by technological progress and the media? How do the classical disciplines such as philosophy, religion, anthropology, and art respond to these new challenges? And how could they help us to better adapt the writings of certain significant personalities to the modern and contemporary culture? These are only a few questions this volume will address. It contains a large number of articles by authors from various countries and continents: philosophers, and theologians, as well as researchers in medicine, anthropology, and new scientific technologies. As the variety of topics is impressive, we tried to organize them into three thematic parts: “Part I: Fundamental Human Values. Contemporary Challenging Globalization,” “Part II: New Axiological Challenges in Technologies and Scientific Thinking,” and “Part III: Cultural and Spiritual Personalities: Possible Answers to Our Contemporary Changes.” In the following pages, we shall make a short presentation of each article in order to facilitate a quick familiarization with the entire volume. (shrink)

The article regards the age peculiarities of the development of personality’s self-consciousness in youth. -/- The conducted theoretical analysis and empirical research contribute to the definition of the following features of the formation of personality self-consciousness in youth: -/- – strengthening the integrative tendency in this process, which leads to an increase in the level of cognitive complexity, differentiation, integrity, and hierarchy of the “Self-image”, as well as the emergence of a holistic, integrated “I”; -/- – the ability of (...) self-awareness as the highest form of self-knowledge, due to the higher level of development of intelligence and the individuals thinking; -/- – increase of the level of awareness of the personality of their own experiences, self-attitude, and selfesteem, which contributes to the growth of interest in his/her “I”; -/- – actualization of the process of development of personal and social self-identity (self-determination) of youth; -/- – intensification of formation of the system of value orientations as a psychological basis for the development of personality’s self-consciousness; -/- – an ability to make informed decisions in various spheres of life (social, professional, personal, etc.), which is the evidence of becoming a socially mature person; -/- – psychological mechanisms for the development of the youth’s self-consciousness is self-reflection, identification, and separation; -/- – a pivotal object of self-reflection is the relationship with significant others and their own life position; the object of identification presents socially valuable qualities of others, which promotes the assimilation of social norms; due to separation of the acquired norms of behavior, value orientations and motives become individualized. -/- The identified features are important for the psychological and pedagogical theory and practice. (shrink)

Nietzsche’s late writings present a value opposition of health and decadence based in his conception of organic life. While this appears to be a moral ideal that risks the naturalistic fallacy of directly deriving norms from facts, it instead describes a meta-ethical ideal: the necessary conditions for any kind of moral agency. Nietzsche’s ideal of health not only evades but also dissolves the naturalistic fallacy by suggesting that the specific content of morality is irrelevant. If health is measured by (...) power over one’s drives rather than the environment, then the source of moral conflict—organic life’s essential tendency toward domination—is surmounted by successful integration of any moral norms, regardless of content. Nietzsche’s concept of health draws on his characterization of organic life as essentially ‘exploitation’: growth through domination of the environment (BGE 259, GM II: 12). In animals, power coincides with happiness, while health and decadence track the correspondence between instinct and happiness (TI II: 11). This simple picture is complicated by the Genealogy, where Nietzsche depicts human nature as an animal illness caused by civilization’s disruption of the natural correspondence of instinct and happiness. Civilization shapes this ‘sick animal’ into the distinctly human ‘sovereign individual’ (GM III: 13, II: 2), restoring the harmony of instinct and happiness in an internal hierarchy of drives. So, sovereign individuality is a distinctly human model of health. Although life is exploitation, human health does not coincide with greater environmental power, but rather an internal qualitative expansion of power: greater variety and tension among drives, greater ‘wholeness in diversity’ in the ‘social structure’ of the self (BGE 212, 12). Nonetheless, health is not a moral criterion, but instead the precondition of moral agency. The subordination of drives to a commanding hierarchy grounds the ability to uphold any moral principles at all, to make and keep promises to oneself and others. Moral agency coincides, in turn, with overcoming the source of moral conflict in organic life’s drive for growth. The unification of opposing drives provides pleasure in power over oneself rather than one’s environment, the ‘happiness of high tension’ among drives (BGE 260), and in environmental resistance, a need for ‘equal opponents’ (TI IX: 38, EH 1: 7). Consequently, Nietzsche’s meta-ethical ideal supports a moral pluralism that supports any moral content. Moral conflicts arise precisely to the degree individuals are incapable of achieving moral agency, but they dissolve as moral agency of any kind is more widely achieved. (shrink)

Personal Information Management Systems (PIMS) aim to facilitate the sharing of personal information and protect privacy. Efforts to enhance privacy management, aligned with established privacy policies, have led to guidelines for integrating transparent notices and meaningful choices within these systems. Although discussions have revolved around the design of privacy-friendly systems that comply with legal requirements, there has been relatively limited philosophical discourse on incorporating the value of privacy into these systems. Exploring the connection between privacy and personal autonomy illuminates the (...) instrumental value of privacy and highlights the importance of intentionally embedding the value of privacy into these systems. To translate the value of privacy into concrete design requirements, this study constructs a values hierarchy consisting of values, norms, and design requirements. After analyzing the relationships between privacy and autonomy and identifying norms, the design requirements translated from the norms associated with the components of personal autonomy are specified at the lowest layer. These requirements include a design to prevent unauthorized access and dark patterns and to provide effective and efficient notices and choices. The findings contribute to expanding the requirements for designing the aspect of privacy as a legal requirement to incorporate the value of privacy into systems. (shrink)

Scientists and philosophers frequently speak about levels of description, levels of explanation, and ontological levels. In this paper, I propose a unified framework for modelling levels. I give a general definition of a system of levels and show that it can accommodate descriptive, explanatory, and ontological notions of levels. I further illustrate the usefulness of this framework by applying it to some salient philosophical questions: (1) Is there a linear hierarchy of levels, with a fundamental level at the bottom? (...) And what does the answer to this question imply for physicalism, the thesis that everything supervenes on the physical? (2) Are there emergent properties? (3) Are higher-level descriptions reducible to lower-level ones? (4) Can the relationship between normative and non-normative domains be viewed as one involving levels? Although I use the terminology of “levels”, the proposed framework can also represent “scales”, “domains”, or “subject matters”, where these are not linearly but only partially ordered by relations of supervenience or inclusion. (shrink)

Human reproduction has long been assumed to be an act of the blind force of nature, to which humans were subject, like the weather. However, with recent concerns about the environmental impact of human population, particularly resource depletion, human reproduction has come to be seen as a moral issue. That is, in general, it may be moral or immoral for people to continue propagating their species. The past decade’s philosophical discussions of the question have yielded varying results. This dissertation takes (...) on the issue in a broader moral perspective and asks not only whether it is moral to reproduce but why one should. That is, are there positive normative reasons, whether moral or rational, to reproduce? This thesis approaches this problem first by facing three general philosophical challenges to its resolution: from contemporary population and environmental ethics and rationality theory; from traditional Western schools of moral philosophy; and from recent attempts to answer the narrower question of whether one should reproduce. The thesis finds that exploring these challenges cannot yield a clear response. However, taking cues from many of these approaches, such as care ethics’ emphasis on values, the dissertation proposes that lacking from recent attempts is recognition of a source-value for all human values, viz. the valuing of life in and of itself. Proposing that this valuing is a characteristic of humans and of how they value, it looks to anthropology for empirical justification. It observes that many cultures and individuals frequently prioritize their values so as to devalue this source valuing. Yet, when those value prioritizations give this valuing high priority, there may be some moral justification for reproduction. Furthermore, if one subscribes to the tenets of rationality, which enjoin agents to formulate their beliefs for action based upon the results of rational inquiry, this normative force may invest this descriptive (empirical) hypothesis about values with normative force to guide actions. That is, given certain value prioritizations, it may be rational as well as moral to reproduce. The thesis question of why one should reproduce would then at least have a plausible answer. (shrink)

Normative discourse frequently involves explanation. For example, we tell children that hitting is wrong because it hurts people. In a recent paper, Selim Berker argues that to account for this kind of explanation, expressivists need an account of normative grounding. Against this, I argue that expressivists should eschew grounding and stick to a more pragmatic picture of explanation, one that focuses on how we use explanatory speech acts to communicate information. I propose that the standard form of a normative explanation (...) is a generalizing explanation, one which shows a particular moral injunction to follow from a more general injunction. I use Marc Lange’s account of unifying explanations in mathematics as a model for the canonical form of a normative explanation, but also to establish that logical entailment can be explanatory, so long as premises entailing the conclusion answer appropriately to our interests. An additional upshot of the resulting view is that it paves the way for a purely metaphysical solution to the problem of creeping minimalism. Quasireal properties are those that, unlike real properties, stand outside of the metaphysical hierarchy of grounding relations. (shrink)

Recent authors have drawn attention to a new kind of defeating evidence commonly referred to as higher-order evidence. Such evidence works by inducing doubts that one’s doxastic state is the result of a flawed process – for instance, a process brought about by a reason-distorting drug. I argue that accommodating defeat by higher-order evidence requires a two-tiered theory of justification, and that the phenomenon gives rise to a puzzle. The puzzle is that at least in some situations involving higher-order defeaters (...) the correct epistemic rules issue conflicting recommendations. For instance, a subject ought to believe p, but she ought also to suspend judgment in p. I discuss three responses. The first resists the puzzle by arguing that there is only one correct epistemic rule, an Über-rule. The second accepts that there are genuine epistemic dilemmas. The third appeals to a hierarchy or ordering of correct epistemic rules. I spell out problems for all of these responses. I conclude that the right lesson to draw from the puzzle is that a state can be epistemically rational or justified even if one has what looks to be strong evidence to think that it is not. As such, the considerations put forth constitute a non question-begging argument for a kind of externalism. (shrink)

Mainstream psychological research has been characterized as androcentric in its construction of males as the norm. Does an androcentric bias also characterize the professional visibility of psychologists? We examined this issue for cognitive psychology, where the gender distribution in doctoral degrees has been roughly equal for several decades. Our investigation revealed that, across all indicators surveyed, male cognitive psychologists are more visible than their female counterparts: they are over-represented in professional society governance, as editors-in-chief of leading journals in the field, (...) as Fellows in professional societies, and as recipients of prestigious senior level awards. Taken together, our findings indicate that a gender parity in doctoral degrees in cognitive psychology does not translate into a parity in professional visibility. We discuss a variety of potential reasons for the observed gender gap and suggest that, without attention to gendered structures of status and power, as noted by Shields, existing gender hierarchies may persist and be reproduced. (shrink)

In this article, we will present a number of technical results concerning Classical Logic, ST and related systems. Our main contribution consists in offering a novel identity criterion for logics in general and, therefore, for Classical Logic. In particular, we will firstly generalize the ST phenomenon, thereby obtaining a recursively defined hierarchy of strict-tolerant systems. Secondly, we will prove that the logics in this hierarchy are progressively more classical, although not entirely classical. We will claim that a logic (...) is to be identified with an infinite sequence of consequence relations holding between increasingly complex relata: formulae, inferences, metainferences, and so on. As a result, the present proposal allows not only to differentiate Classical Logic from ST, but also from other systems sharing with it their valid metainferences. Finally, we show how these results have interesting consequences for some topics in the philosophical logic literature, among them for the debate around Logical Pluralism. The reason being that the discussion concerning this topic is usually carried out employing a rivalry criterion for logics that will need to be modified in light of the present investigation, according to which two logics can be non-identical even if they share the same valid inferences. (shrink)

When beginning to think about the relation between experimental music and the thought of Gilles Deleuze, this quotation seems to be a natural starting point. In Deleuze and Guattari’s affirmation of this phrase from John Cage they suggest a resonance between music and philosophy: in both fields the experimental approach entails a dismantling of predetermining codes and hierarchies, and with this arises the opportunity for an open-endedness that accommodates singular events and encounters. This understanding of experimentation, however, is not as (...) transparent as it seems. In the context of the uptake and critique of Deleuzian ideas in the theorisation of music and sound, as well as recent re-evaluations of the milieu of “experimental music,” critics have argued that a range of normative demands, ideological assumptions, and metaphysical reductions undermine the purported freedoms of both Cagean and Deleuzian experimentalism. -/- Here I can only deal with a small aspect of the wide historical and theoretical problem this involves; but in short my aim is to begin to construct a means through which Deleuze and Guattari’s thought can be used to help us examine some strategies that composers and performers in post-Cagean musical experimentalism developed to navigate around the demands, assumptions, and reductions of Cage’s thought. (shrink)

We introduce and study hierarchies of extensions of the propositional modal and temporal languages with pairs of new syntactic devices: point of reference-reference pointer which enable semantic references to be made within a formula. We propose three different but equivalent semantics for the extended languages, discuss and compare their expressiveness. The languages with reference pointers are shown to have great expressive power (especially when their frugal syntax is taken into account), perspicuous semantics, and simple deductive systems. For instance, Kamp's and (...) Stavi's temporal operators, as well as nominals (names, clock variables), are definable in them. Universal validity in these languages is proved undecidable. The basic modal and temporal logics with reference pointers are uniformly axiomatized and a strong completeness theorem is proved for them and extended to some classes of their extensions. (shrink)

Rawlsian liberals face the challenge of providing reasons to oppose stigma that do not appeal to a rejection of controversial stigmatic attitudes, but rather to political values that are undermined by stigma. One prominent strategy (the Self-Respect Strategy) appeals to the threat stigma poses to self-respect. Another strategy (the Hierarchy Strategy) appeals to the dependence of stigmas on social hierarchies, which are taken to be intrinsically problematic. I argue that the Self-Respect Strategy needs further resources in order to answer (...) important questions about which stigmas are most morally and politically urgent. The Hierarchy Strategy confronts the obstacle, for the purposes of political justification, of sustaining a highly contentious interpretation of the value of equality. In my view, Rawlsian liberals should jettison this underlying normative concern with hierarchy when making the case for opposing stigmas, and instead use considerations of hierarchy to identify some of the most pronounced threats that stigma poses to self-respect. In this way, considerations of hierarchy can help supply the explanatory resources that the Self-Respect Strategy needs. (shrink)

The fundamental problem for theoretical aesthetics is its inability to account for art’s meaning-value (Trimarchi, 2022). As previously argued, Art’s higher meaning is only found emerging from the artwork’s tacit dimensions, where empirical-historical intentionality is almost completely inconsequential (Trimarchi, 2024b). The latter’s interpretable ‘phenomenology of sequence’ produces a false theorising tendency, disconnecting art from the history of ideas and severing aesthetics from ethics and logic. Art appears ‘infinitely interpretable’, hence entirely subjective. Adapting Arnold’s (2011) actantial processual approach, I show how (...) Peircian semiotics, via ‘real Secondness’, uncovers art’s higher meaning. Peirce’s ‘diagrammatic thinking’ exposes art’s unique role of ‘objectifying’ the Person (in any subject, via appropriate propositions), without de-valuing this bearer of moral values. His ‘semiotic realism’ helps unveil Scheler’s anthropological (also termed ‘ethical’) phenomenology emerging from Merleau-Ponty’s ‘obscure zone’, to discern poetic from other speculation. Art’s ‘subject-objectivation’ (or, ethical intentionality) is thus able to be mapped phenomenologically to reveal any artwork’s meaning-value orientation. This paper combines Peirce’s ‘phenomenology of reason’ with Scheler’s hierarchy of values and Schelling’s ‘mythological categories’ (Trimarchi 2024b) to suggest a methodology for moving beyond neo-Kantian theoretical aesthetics (and analytical philosophy’s grip on the anti-art of ‘modernity’). That is, moving from the realm of perception to knowing, reviving art’s ontological connection to normative aesthetics. In conclusion, Peirce’s ‘science of ideals’ is thus revealed as Complexity Science, which – via his ‘suspended second’ (or, Ricoeur’s ‘second ontology’) - vindicates Schelling’s claim for how ‘aesthetics becomes objective’ (Trimarchi, 2024a). (shrink)

The teaching of Confucius, one of the doctrines built Chinese philosophy, is the movement of thought that has penetrated politics, education, manners and customs in East Asia for centuries. Reading the principles that advise wisdom and virtue through classical texts, we can find out normative moral knowledge. This teaching, in which ethical standards guiding human relations are regulative, promotes hierarchy as required by patriarchal and patrimonial regime. Social structure is grounded on discrimination between nobles and commons. Since the rights (...) and privileges granted to the aristocracy and bureaucracy humiliate citizens and force compliance, social inequality becomes obvious. Just as Confucius cites the idea of spiritual supremacy of rulers, he also bestows a privilege upon the noble class due to their eligibility. It is the people who are actively industrious in serve, deference and obedience. The problem of nepotism, which favors the closer and excludes the farther in relational words and actions, extends all areas from familial to managerial. Consequently, justice, the main canon of virtue, has been disregarded. In this paper, it firstly will be argued that Confucius practices hypocrisy by his paradoxical statements about behavioral norms. Secondly, positional duties, which subjugate people for the interests of the dynasty, does not correspond to liberal humanism, will be confirmed. (shrink)

This paper argues against the claim that Frege is committed to an infinite hierarchy of senses. Carnap and Kripke, along with many others, argue the contrary; I expose where all such arguments go astray. Invariably these arguments assume (without citation) that Frege holds that sense and reference are always distinct. This is the fulcrum upon which the hierarchy is hoisted. The counter to this assumption is based on two important but neglected passages. The locution ‘indirect sense’ has no (...) ontological significance for Frege. It was just a ‘short expression’ (his term) to indicate that the customary relation between sign, sense, and reference is suspended in what he called the exception case of indirect context. Once the hierarchy is abandoned, the alleged problem of just what indirect sense is, as well as questions as to why Frege said so little about it and why he did not examine iterative indirect contexts are resolved. Of course, with no hierarchy, Davidson’s “unlearnability argument” turns out to be a non-starter. Some objections to my interpretation are considered and answered. Additionally, comparisons to Dummett’s one-level view of sense, which is similar to mine are made, as well as to some two-level views (Parsons and Skiba). (shrink)

The purpose of this paper aims to analyze and find the implementation of the Law for the Protection of Prisoners on parole for inmates certain crimes. This research is a normative legal research, the research includes the study of the principles of law, the systematic study of law, research on synchronization of law, legal history research and comparative law research. The results; (1) Legal Protection for Convicts to obtain parole in the human rights perspective, is given in the form of (...) Preventive Legal Protection and Legal Protection repressive. Preventive Legal protection granted by the government with the aim of preventing prior to the violation. (2) Implementation of parole for inmates of certain criminal acts, in essence, embodies the formulation remissions to the perpetrators of certain criminal offenses have been formulated differently from other criminal by Government Regulation No. 28 of 2006 juntco Government Regulation No. 32 of 1999. (3) Government Regulation No. 99 Year 2012 which discriminates against the Right to organize tightening remissions for prisoners certain crimes such as corruption, drugs and terrorism is violating the hierarchy of legislation. (shrink)

This chapter distinguishes between several senses of “normativity”. For example, that we ought to abstain from causing unnecessary suffering is a normative, not descriptive, claim. And so is the claim that we have good reason, and ought to drive on the right, or left, side of the road because the law requires us to do that. Reasons and oughts are normative, by definition. Indeed, it may be that “[t]he normativity of all that is normative consists in the way it is, (...) or provides, or is otherwise related to reasons” (Raz 1999, 67) . That is what the “reasons-first” view holds, but there are also other views, and what is by definition a normative statement, or a normative fact if you like, depends on how we define normativity. -/- It may seem that requirements are also by definition normative. But it seems that there can also be requirements that one has no reason to meet: it is less clear whether such requirements are normative in the same sense that reasons and oughts are normative. This paper will go through various further phenomena, which are candidates for being normative in some other sense than normative reasons and oughts, defending however the view that not all of them are. But arguably four or so different senses of normativity can be distinguished. -/- The paper will accept the view that the normativity of reasons and oughts, which is here called normativity1, is central. It is an open question whether all requirements or expectations or socially constructed norms are normative in that sense. Arguably it depends on the contents and content-independent authority of the legislators, whether we have good reasons, or ought, to meet the requirements, obey the law, or to follow the etiquette, or to conform to others’ interpersonal expectations, requests, demands or prescriptions. Whether and when we do have such reasons is a difficult and important substantive question, which concerns the normativity1 of requirements of law. -/- In another sense, norms (intended to guide behavior) are trivially or by definition normative, and constitute normativity: some forms of behavior are ruled as acceptable (e.g. driving on the right) and others as unacceptable (e.g. driving on the left) in light of the norm. Even in the case of a bad norm (that we have no reason to follow, and which ought to be changed, and ought not prevail) classifies behaviours as acceptable or unacceptable in light of the norm. Surely norms are by definition normative? Call this conformity to social norms and actual expectations normativity2. It is not an open question whether social norms are normative in that sense – they are by definition normative2. But importantly, it is an open question whether one has good reasons, or sufficient reason, or ought, to follow any social norm – that is, whether the norm in question is normative1. -/- The first section of the article characterizes further the difference between these two senses of normativity, and additionally introduces various other candidate senses of “normativity”. These possible senses of “normativity” may be at stake in the debates about normative requirements of rationality , about so called ought-to-be -rules , about normativity of linguistic meaning , about “directions of fit” of beliefs and desires , about subjective authority of intentions and decisions and interpersonal authority or co-authority of concrete others. -/- In later sections these cases are discussed. Do they constitute separate senses of normativity? And are the later phenomena such that they give agents good reasons: do they include normativity1 – the core sense? A “normative power -model” is suggested as a framework for examining whether actual social norms, laws, expectations provide good reasons and oughts or not. Once we understand the relation between the first two senses of normativity, do the later phenomena follow the same pattern – is the “normative powers – model” relevant for them as well? (shrink)

This is a book about normativity -- where the central normative terms are words like 'ought' and 'should' and their equivalents in other languages. It has three parts: The first part is about the semantics of normative discourse: what it means to talk about what ought to be the case. The second part is about the metaphysics of normative properties and relations: what is the nature of those properties and relations whose pattern of instantiation makes propositions about what ought to (...) be the case true. The third part is about the epistemology of normative beliefs: how we could ever know, or even have rational or justified belief in, propositions about what ought to be the case. (shrink)

The thesis contains my early work arguing against evidentialism for reasons for belief (chapter 1), my early argument that rationality is not normative (chapter 2), an argument that rationality is not responding reasons, at least understood in one way (chapter 2), a general discussion of how normative conflicts might (appear to) arise in many different ways (chapter 3), a discussion of how to weigh pragmatic and evidential reasons for belief (chapter 4), and a discussion of the general structure of normativity (...) and its ramifications for understanding putative normative conflicts (chapter 4). At a more general level, the thesis aims to explore how putative normative conflicts might arise and whether they are genuine conflicts or only apparent. It also offers a defence of the view that there are genuine state-given reasons for propositional attitudes, including pragmatic reasons for belief. (shrink)

We are all guided by thousands of norms, but how did our capacity for normative cognition evolve? I propose there is a deep but neglected link between normative cognition and practical skill. In modern humans, complex motor skills and craft skills, such as toolmaking, are guided by internally represented norms of correct performance. Moreover, it is plausible that core components of human normative cognition evolved as a solution to the distinctive problems of transmitting complex motor skills and craft (...) skills, especially skills related to toolmaking, through social learning. If this is correct, the expansion of the normative domain beyond technique to encompass more abstract norms of fairness, reciprocity, ritual and kinship involved the elaboration of a basic platform for the guidance of skilled action by technical norms. This article motivates and defends this “skill hypothesis” for the origin of normative cognition and sets out various ways in which it could be empirically tested. (shrink)

Despite a growing interest in and sympathy with Confucianism, there remains a stereotyped conception of Confucian civil order as a form of authoritarian hierarchy that is responsible for various oppressions in ancient China and is reprehensible from a modern egalitarian perspective. One central target of this modern criticism is the Confucian maxim of sangang 三綱, whose underlying idea is essential for regulating the relationship between sovereign and subject, father and son, and husband and wife in traditional Confucian society. Tu (...) Wei-ming translates sangang as the “Three Bonds” and argues that it is the “least defensible legacy of Confucian ethics” from the “modern egalitarian and liberal perspective.” For Tu.. (shrink)

The paper places the work of G. Gaus into the tradition of political thought experimenting. In particular, his strategy of modeling moral decision by the heuristic device of idealized Members of the Public is presented as an iterated thought experiment, which stands in marked contrast with more traditional devices like the veil of ignorance. The consequences are drawn, and issues of utopianism and realism briefly discussed.

Ruth Chang argues against three dogmas of normativity. Her argument, as least about the first two, is defensible, but defensible on a naturalistic account of normativity that she may not find congenial.

A challenge we face in a world that has been shaped by, and continues to be shaped by, racist attitudes and institutions is that the evidence is often stacked in favor of racist beliefs. As a result, we may find ourselves facing the following conflict: what if the evidence we have supports something we morally shouldn’t believe? For example, it is morally wrong to assume, solely on the basis of someone’s skin color, that they’re a staff member. But, what if (...) you’re in a context where, because of historical patterns of discrimination, someone’s skin color is a very good indicator that they’re a staff member? When this sort of normative conflict looms, a conflict between moral considerations on the one hand and what you epistemically ought to believe given the evidence on the other, what should we do? It might be unfair to assume that they’re a staff member, but to ignore the evidence would mean risking inaccurate beliefs. Some, notably Tamar Gendler (2011), have suggested that we simply face a tragic irresolvable dilemma. In this chapter, I consider how these cases of conflict arise and I canvass the viability of suggested resolutions of the conflict. In the end, I argue that there’s actually no conflict here. Moral considerations can change how we epistemically should respond to the evidence. (shrink)

This paper discusses varieties of normative phenomena, ranging from morality, to epistemic justification, to the rules of chess. It canvases a number of distinctions among these different normative phenomena. The most significant distinction is between formal and authoritative normativity. The prior is the normativity exhibited by any standard one can meet or fail to meet. The latter is the sort of normativity associated with phenomena like the "all-things-considered" ought. The paper ends with a brief discussion of reasons for skepticism about (...) authoritative normativity. (shrink)

This book begins with the question 'Who am I?' and immediately sets off in an astonishingly original direction. Why didn't anyone before Harding think of responding to this question like this? It's so obvious, once you see it. Harding presents a new vision of our place in the universe that uses the scientific method of looking to see what is true. It turns out that the truth about ourselves is not only true but also very good, and breathtakingly beautiful. We (...) live in a sacred, many-layered, living universe - or rather it lives in us. Though it was completed in 1950, this book is still ahead of its time. One day it will surely be widely recognised for its greatness: its all-encompassing vision, its originality and freshness, its depth of insight, its wide-ranging knowledge, the clarity and poetry of its language, its humanity. It is a world-view not dependent on local culture or religion, but on universally verifiable facts. It is also a world-view that respects our manifest differences whilst celebrating our underlying unity - the unity not just of oneself with other people but with all of life, indeed with the whole universe. Harding died in 2007 aged 97, leaving behind him an impressive body of work. He was a highly creative person who was passionate about - he was in love with - this living universe and the immortal treasure that abides at its centre - at our centre. "A work of the highest genius." C. S. Lewis. (shrink)

The programmatic statement put forward in von Wright's last works on deontic logic introduces the perspective of logical pragmatics, which has been formally explicated here and extended so to include the role of norm-recipient as well as the role of norm-giver. Using the translation function from the language of deontic logic to the language of set-theoretical approach, the connection has been established between the deontic postulates, on one side, and the perfection properties of the norm-set and the counter-set, on the (...) other side. In the study of conditions of rational norm-related activities it has been shown that diverse dynamic second-order norms related to the concept of the consistency norm-system hold: -- the norm-giver ought to restore ``classical'' consistency by revising an inconsistent system, -- the norm-recipient ought to preserve an inconsistent system by revision of its logic so that inconsistency does not imply destruction of the system. Dialetheic deontic logic of Priest is a suitable logic for the purpose since it preserves other perfection properties of the system. (shrink)

Philosophers pursue a number of different explanatory projects when explaining various sorts of normative phenomena. This chapter takes some steps towards understanding this variety. I lay some general ground about explanation. I describe some key axes of debate about explanations that first-order normative inquiry typically seeks to state and defend. And I briefly discuss how two other sorts of normative explanation that seem more concerned with the foundations of normative domains like ethics and practical reason might be understood and how (...) they relate to first-order normative explanations. (shrink)

We discuss some implications of the Holocaust for moral philosophy. Our thesis is that morality became distorted in the Third Reich at the level of its social articulation. We explore this thesis in application to several front-line perpetrators who maintained false moral self-conceptions. We conclude that more than a priori moral reasoning is required to correct such distortions.

Recent studies indicate that indicative conditionals like "If people wear masks, the spread of Covid-19 will be diminished" require a probabilistic dependency between their antecedents and consequents to be acceptable (Skovgaard-Olsen et al., 2016). But it is easy to make the slip from this claim to the thesis that indicative conditionals are acceptable only if this probabilistic dependency results from a causal relation between antecedent and consequent. According to Pearl (2009), understanding a causal relation involves multiple, hierarchically organized conceptual dimensions: (...) prediction, intervention, and counterfactual dependence. In a series of experiments, we test the hypothesis that these conceptual dimensions are differentially encoded in indicative and counterfactual conditionals. If this hypothesis holds, then there are limits as to how much of a causal relation is captured by indicative conditionals alone. Our results show that the acceptance of indicative and counterfactual conditionals can become dissociated. Furthermore, it is found that the acceptance of both is needed for accepting a causal relation between two co-occurring events. The implications that these findings have for the hypothesis above, and for recent debates at the intersection of the psychology of reasoning and causal judgment, are critically discussed. Our findings are consistent with viewing indicative conditionals as answering predictive queries requiring evidential relevance (even in the absence of direct causal relations). Counterfactual conditionals in contrast target causal relevance, specifically. Finally, we discuss the implications our results have for the yet unsolved question of how reasoners succeed in constructing causal models from verbal descriptions. (shrink)

Metaethical expressivism is typically characterised as the view that normative statements express desire-like attitudes instead of beliefs. However, in this paper I argue that expressivists should claim that normative statements express beliefs in normative propositions, and not merely in some deflationary sense but in a theoretically robust sense explicated by a theory of propositional attitudes. I first argue that this can be achieved by combining an interpretationist understanding of belief with a nonfactualist view of normative belief content. This results in (...) a view I call ‘interpretative expressivism’. I then argue that traditional arguments employed by expressivists that normative statements express noncognitive attitudes can just as well support the claim that normative statements express nonfactual or nonrepresentational beliefs. Finally, I argue that this view has a number of advantages to versions of expressivism that deny that normative statements express non-deflationary normative beliefs. (shrink)

Implicatures are described as particular forms reasoning from best explanation, in which the para-digm of possible explanations consists of the possible semantic interpretations of a sentence or a word. The need for explanation will be shown to be triggered by conflicts between presumptions, namely hearer’s dialogical expectations and the presumptive sentence meaning. What counts as the best explanation can be established on the grounds of hierarchies of presumptions, dependent on dialogue types and interlocutors’ culture.

In this article, I identify and critically examine 3 dogmas of normativity that support a commonly accepted ‘Passivist View' of rational agency. I raise some questions about these dogmas, suggest what we should believe in their place, and moot an alternative ‘Activist View' of what it is to be a rational agent that grows out of rejection of the 3 dogmas. Underwriting the dogmas and the Passivist View, I suggest, is a deeply held but mistaken assumption that the normative domain (...) is fundamentally akin to the nonnormative domain. Once we allow that the normative may be fundamentally unlike the nonnormative in certain key ways, a shift in our thinking about what it is to be rational becomes possible. I end by considering some implications of this paradigm shift in rationality from the passive to the active for various applied matters. (shrink)

This paper offers an original argument for a Humean thesis about promising that generalises to the domain of normative powers. The Humean ‘natural unintelligibility’ thesis – prominently endorsed by Rawls, Hart, and Anscombe, and roundly rejected or forgotten by contemporary writers (conventionalists and non – conventionalists alike) – holds that a rational, suitably informed agent cannot so much as make a promise (much less a morally-binding promise) without exploiting conventional norms that confer promissory significance on act types (e.g., signing (...) on the dotted line) that would not otherwise have such significance. The argument (like Hume’s) is action-theoretic in character; its central premise is the Contribution Condition on acting with an aim: roughly, that doing X in order to (bring about) Y requires that the agent believe that their having X-ed on the occasion might come to fully or partly account for Y’s coming to pass. The argument generalises to the broader domain of exercises of normative powers, i.e., to acts that modify normative properties by ‘fiat’ or ‘stipulation’. This stipulative act has been characterised in three different ways, each of which is given due consideration. Finally, two different ways of accommodating the ‘natural unintelligibility’ thesis are considered, as is the thesis’s normative significance. (shrink)

I argue that metaethicists should be concerned with two kinds of alienation that can result from theories of normativity: alienation between an agent and her reasons, and alienation between an agent and the concrete others with whom morality is principally concerned. A theory that cannot avoid alienation risks failing to make sense of central features of our experience of being agents, in whose lives normativity plays an important role. The twin threats of alienation establish two desiderata for theories of normativity; (...) however, I argue that they are difficult to jointly satisfy. (shrink)

The expressivist advances a view about how we explain the meaning of a fragment of language, such as claims about what we morally ought to do. Critics evaluate expressivism on those terms. This is a serious mistake. We don’t just use that fragment of language in isolation. We make claims about what we morally, legally, rationally, and prudentially ought to do. To account for this linguistic phenomenon, the expressivist owes us an account not just of each fragment of language, but (...) of how they weave together into a broader tapestry. I argue that expressivists face a dilemma in doing so: either they fail to explain the univocality of terms like 'ought', or they fail to explain when normative statements are and aren't inconsistent. (shrink)

I explore, from a proof-theoretic perspective, the hierarchy of classical and paraconsistent logics introduced by Barrio, Pailos and Szmuc in (Journal o f Philosophical Logic,49, 93-120, 2021). First, I provide sequent rules and axioms for all the logics in the hierarchy, for all inferential levels, and establish soundness and completeness results. Second, I show how to extend those systems with a corresponding hierarchy of validity predicates, each one of which is meant to capture “validity” at a different (...) inferential level. Then, I point out two potential philosophical implications of these results. (i) Since the logics in the hierarchy differ from one another on the rules, I argue that each such logic maintains its own distinct identity (contrary to arguments like the one given by Dicher and Paoli in 2019). (ii) Each validity predicate need not capture “validity” at more than one metainferential level. Hence, there are reasons to deny the thesis (put forward in Barrio, E., Rosenblatt, L. & Tajer, D. (Synthese, 2016)) that the validity predicate introduced in by Beall and Murzi in (Journal o f Philosophy,110(3), 143–165, 2013) has to express facts not only about what follows from what, but also about the metarules, etc. (shrink)

This paper explores the idea that it is instrumentally valuable to learn normative truths. We consider an argument for "normative hedging" based on this principle, and examine the structure of decision-making under moral uncertainty that arises from it. But it also turns out that the value of normative information is inconsistent with the principle that learning *empirical* truths is instrumentally valuable. We conclude with a brief comment on "metanormative regress.".