Take “legal reality” to be the part of reality that actual legal thought and talk is dis- tinctively about, such as legal institutions, legal obligations, and legal norms. Our goal is to explore whether legal reality is disunified. To illustrate the issue, consider the possibility that an important metaphysical thesis such as positivism is true of one part of legal reality (legal institutions), but not another (legal norms). We offer two arguments that suggest that legal reality is disunified: one concerns (...) the heteroge- neity of different entities that are part of legal reality; the other concerns variation within legal thought and talk. We then show that taking the possibility of the disunity of legal reality seriously has important upshots for how we think about the positivist and antipositivist traditions, the debate between them, and their relation to other parts of legal theory, such as critical legal theory and legal realism. (shrink)

In this Introduction, we aim to introduce the reader to the basic topic of this book. As part of this, we explain why we are using two different expressions (‘conceptual engineering’ and ‘conceptual ethics’) to describe the topics in the book. We then turn to some of the central foundational issues that arise for conceptual engineering and conceptual ethics, and finally we outline various views one might have about their role in philosophy and inquiry more generally.

This chapter discusses two different issues about the relationship between legal positivism and robust normativity (understood as the most authoritative kind of normativity to which we appeal). First, the chapter argues that, in many contexts when discussing “legal positivism” and “legal antipositivism”, the discussion should be shifted from whether legal facts are ultimately partly grounded in moral facts to whether they are ultimately partly grounded in robustly normative facts. Second, the chapter explores an important difference within the kinds of arguments (...) that legal philosophers give for the (purported) truth of legal positivism. The difference concerns whether (purportedly) robustly normative facts are appealed to as premises in those arguments or not. (A closely connected issue is whether (purportedly) normative facts that bear one or more important connections to robustly normative facts are appealed to in premises to those arguments.) The chapter argues that thinking about this dividing line helps people better situate the positivist/antipositivist dispute, better understand the space of views in legal philosophy, better evaluate those views, and avoid having merely verbal disputes. (shrink)

Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...) descriptivist, “rule-relational” semantics combined with a pragmatic account of the expressive and practical functions of legal discourse. We argue that this approach is at least as well-equipped as expressivism to explain the motivational and prescriptive features of “internal” legal statements, as well as a fundamental kind of legal disagreement, while being better positioned to account for various “external” uses of the same language. We develop this theory in a Hartian framework, and in the final part of the paper argue (particularly against Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along such quasi-expressivist lines. (shrink)

Morality seems important, in the sense that there are practical reasons — at least for most of us, most of the time — to be moral. A central theoretical motivation for consequentialism is that it appears clear that there are practical reasons to promote good outcomes, but mysterious why we should care about non-consequentialist moral considerations or how they could be genuine reasons to act. In this paper we argue that this theoretical motivation is mistaken, and that because many arguments (...) for consequentialism rely upon it, the mistake substantially weakens the overall case for consequentialism. We argue that there is indeed a theoretical connection between good states and reasons to act, because good states are those it is fitting to desire and there is a conceptual connection between the fittingness of a motive and reasons to perform the acts it motivates. But while some of our motives are directed at states, others are directed at acts themselves. We contend that just as the fittingness of desires for states generates reasons to promote the good, the fittingness of these act-directed motives generates reasons to do other things. Moreover, we argue that an act’s moral status consists in the fittingness of act-directed feelings of obligation to perform or avoid performing it, so the connection between fitting motives and reasons to act explains reasons to be moral whether or not morality directs us to promote the good. This, we contend, de-mystifies how there could be non-consequentialist reasons that are both moral and practical. (shrink)

Altruism is embedded in our biology and in our culture. We offer our bus seats to the disabled and elderly, give directions to disoriented tourists, and donate a portion of our income charity. Yet for all the good it does, there are deep problems with altruism as it is practiced today. Nearly all of us, when asked, will say that we care about practicing altruism in a way that effectively improves the lives of others. Almost none of us, when asked, (...) can honestly say that we have made a serious effort to ensure that we are practicing altruism in a way that effectively improves the lives of others. Disparities like these are indicative of flaws in our cognitive architecture - biases which ensure that the traditional practice of altruism is incongruous with our own values. This disconnect between our values and our actions causes our altruistic efforts to help fewer people to a lesser extent than they otherwise could. I argue that traditional altruism is in need of reformation and defend a social and philosophical movement aimed at achieving this reformation known as effective altruism. The reason effective altruism is such a promising alternative to traditional altruism is its application of economic thinking to the realm of altruism and morality. An economist’s mentality is, I suggest, a necessary instrument for bridging the gap between our values and our actions, allowing us to practice altruism in a way that more effectively improves the lives of others. (shrink)

Many of us care about the existence of ethical facts because they appear crucial to making sense of our practical lives. On one tempting line of thought, this idea can also play a central role in justifying our belief in those facts. David Enoch has developed this thought into a formidable new proposal in moral epistemology: that the deliberative indispensability of ethical facts gives us epistemic justification for believing in such facts. This chapter argues that Enoch’s proposal fails because it (...) conflicts with a central fact about epistemic justification: that the norms of epistemic justification have the content that they do in part because of some positive connection between those norms and the truth of the beliefs that these norms govern. Alternatives to Enoch’s attempt to defend the idea that deliberative indispensability confers epistemic justification fail for parallel reasons. The chapter concludes that deliberative indispensability does not provide epistemic justification. (shrink)

This volume introduces a wide range of important views, questions, and controversies in and about contemporary metaethics. It is natural to ask: What, if anything, connects this extraordinary range of discussions? This introductory chapter aims to answer this question by giving an account of metaethics that shows it to be a unified theoretical activ- ity. According to this account, metaethics is a theoretical activity characterized by an explanatory goal. This goal is to explain how actual ethical thought and talk—and what (...) (if anything) that thought and talk is distinctively about—fits into reality. We begin by introducing and developing this account, and illustrating it via discus- sion of a simple illustrative metaethical theory: Simple Subjectivism. We then explain important upshots of the characterization. Our account is novel and controversial, as is the status of metaethics as a theoretically fruitful project. We thus compare our account to competing characterizations of the field, and explain how our account permits us to address certain challenges to the theoretical significance of a distinctively metaethical project. In the conclusion, we explain why, given our account, one might think that meta- ethics matters, and explain how we understand the history and future of self-conscious metaethical theorizing. As we will emphasize, we should expect new ways of approaching the explanatory project at the heart of metaethics to emerge in the coming years, as the tools and resources we have for tackling that project expand. Our hope is that by empha- sizing the centrality of the explanatory project itself, rather than just focusing narrowly on the views that have been developed so far by those engaged in that project, we can help encourage and facilitate the development of new questions, arguments, and views that help move the field forward. (shrink)

Drawing on recent scholarship and delving systematically into Iamblichean texts, these ten papers establish Iamblichus as the great innovator of Neoplatonic philosophy who broadened its appeal for future generations of philosophers.

In her provocative discussion of the challenge posed to the traditional impartialist, justice-focused conception of morality by the new-wave care perspective in ethics, Annette Baier calls for ‘a “marriage” of the old male and newly articulated female... moral wisdom,’ to produce a new ‘cooperative’ moral theory that ‘harmonize[s] justice and care.’ I want in this paper to play matchmaker, proposing one possible conjugal bonding: a union of two apparently dissimilar modes of what Nel Noddings calls ‘meeting the other morally,’ a (...) wedding of respect and care. (shrink)

This chapter explores two central questions in the conceptual ethics of normative inquiry. The first is whether to orient one’s normative inquiry around folk normative concepts (like KNOWLEDGE or IMMORAL) or around theoretical normative concepts (like ADEQUATE EPISTEMIC JUSTIFICATION or PRO TANTO PRACTICAL REASON). The second is whether to orient one’s normative inquiry around concepts whose normative authority is especially accessible to us (such as OUGHT ALL THINGS CONSIDERED), or around concepts whose extension is especially accessible to us (such as (...) BETRAYAL). The chapter aims to make vivid and plausible a range of possible answers to these questions, and important forms of argument that can be used to favor certain answers over others. (shrink)

Reply to Stephanie Leary’s, Kris McDaniel’s, Tristram McPherson’s and David Plunkett’s articles on Choosing Normative Concepts (OUP, 2017) in book symposium in Inquiry.

I offer a working analysis of the concept of 'epistemic corruption', then explain how it can help us to understand the relations between epistemic vices and social oppression, and use this to motivate a style of vice epistemology, inspired by the work of Robin Dillon, that I call critical character epistemology.

This is a draft of a chapter for the Routledge Handbook of Metaethics, edited by David Plunkett and Tristram McPherson. I offer an overview of hybrid views in metaethics, with main focus on hybrid cognitivist views such as those defended by Daniel Boisvert and David Copp, and on hybrid expressivist views such as those defended by Michael Ridge and myself.

Our attitudes toward human culpability for environmental problems have moral and emotional import, influencing our basic capacities for believing cooperative action and environmental repair are even possible. In this paper, I suggest that having the virtue of forgivingness as a response to environmental harm is generally good for moral character, preserving us from morally risky varieties of pessimism and despair. I define forgivingness as a forward-looking disposition based on Robin Dillon’s conception of preservative forgiveness, a preparation to be deeply (...) and abidingly accepting yet expecting human error. As with other virtues, however, preservative forgiveness is available to some of us more than others; in the second half of this paper, I consider the deep challenge posed by rational pessimism, especially on the part of those who have been given many reasons not to hope for the very moral improvements for which they strive. I conclude that for those of us with the power roles and personal resources especially conducive to environmental activism, preservative forgiveness inclines us to remain engaged in environmental activism with fellow flawed human beings, recognizing our own mutual depredations while committing us to cooperatively respond. (shrink)

The paper takes as its starting point John Rawls’s claim that the social bases of self-respect is perhaps the most important primary good the distribution of which is governed by his principles of justice. There has been some debate about this claim in the literature and this debate has included important clarifications regarding the concept(s) involved. However, I think this discussion hasn’t gone deep enough and this – relative – lack of depth has or at least might have important implications (...) for our theory of distributive justice. To show this, I begin with Rawls’s admittedly sketchy remarks about the significance of self-respect in his theory. After this I briefly describe the debate that followed: what emerges here is a distinction between two kinds of self-respect. While I think this distinction is in good order, I also think and subsequently argue, building on the work of Robin Dillon and Anna Bortolan, that it only scratches the surface of the complex phenomenon of self-respect. In particular, as these authors show, the self-respect complex is, in fact, a multi-layered phenomenon and the distinction as used misses its fundamental level: basal self-respect (Dillon) or self-esteem (Bortolan). In the finishing part of the paper I discuss these two proposals to show that Bortolan’s version is the better one. All this then has clear relevance for the adjoining debate in political philosophy: all those who want to give an important role to self-respect in their theory of justice have potentially focused on the wrong target so far. This, I conclude, might well give rise to a new feminist critique of liberal egalitarian justice. (shrink)

En esta modernización y cambios permanentes, los museos necesitan aplicar calidad en su gestión incorporando criterios de control y evaluación para obtener los mejores resultados. El desarrollo del presente trabajo estará enfocado en el análisis de la gestión de calidad en las instituciones museísticas. Considerando que los modelos de calidad son un referente de la gestión, la investigación estará dirigida a la determinación de si es aplicable el modelo iberoamericano de gestión en los museos. Este modelo de excelencia en gestión (...) fue desarrollado a partir de la iniciativa de la Fundación Iberoamericana para la Gestión de la Calidad (Fundibeq) y reúne la opinión de países de América y Europa. Constituye una guía que posibilita a las organizaciones medir el grado de avance respecto a las variables que integran el modelo y, en ese marco, definir acciones que permitan cubrir la brecha entre el modelo y la realidad organizacional. La investigación se enfoca en analizar su aplicabilidad a los museos como unidades complejas, con misiones específicas, en proceso de importante transformación cualitativa y la medida que contribuye a enriquecer su gestión. Para ello se realizó en una primera instancia una revisión bibliográfica respecto de la concepción de museo, calidad y gestión organizacional. Posteriormente, se efectuó la investigación sobre la base de entrevistas a los directores de los museos seleccionados. Desde el punto de vista metodológico formal –para la elección de la muestra y siguiendo a Dillon – se usó un tipo de muestreo no probabilístico denominado muestra de criterio que consiste en la selección de determinados encuestados para que participen en el estudio. La selección busca satisfacer las necesidades concretas de la investigación para lo que se incluyeron en la muestra los principales museos montevideanos públicos y privados que representan 27% del total. El trabajo se divide en cuatro apartados. El primero muestra una revisión de la bibliografía al respecto de la gestión y su aplicabilidad en los museos y, en el segundo, se presentan distintos modelos de gestión de calidad haciendo hincapié en el modelo iberoamericano de gestión. En la tercera parte del trabajo se desarrolla la investigación empírica y en la cuarta se exponen las conclusiones de la investigación. (shrink)

This is the first volume of a new series of translations and commentaries on the individual treatises of Plotinus’ Enneads, edited by John Dillon and Andrew Smith. This series is the first of its kind in English, and thus constitutes a major contribution to English language scholarship on Plotinus and late ancient philosophy. Similar to the French series published by Les Éditions du Cerf, this series provides detailed discussions of individual treatises. The present volume consists of an introduction to (...) the series by the editors, and an introduction, translation, and commentary of Ennead IV. 8 by Barrie Fleet. (shrink)