Constitutivists hope to locate the foundations of ethics in the nature of action. They hope to find norms that are constitutive of agency. Recently David Enoch has argued that even if there are such norms, they cannot provide the last word when it comes to normativity, since they cannot tell us whether we have reason to be agents rather than shmagents. I argue that the force of the shmagency objection has been considerably overestimated, because philosophers on both sides of the (...) debate have failed to grasp the true source of the authority of agency’s constitutive norm. Some constitutivists believe that this authority is rooted in the inescapability of agency. Yet agency is not, in fact, inescapable. What actually grounds the authority of agency’s constitutive norm is the fact that there is no standpoint outside of agency from which we can intelligibly ask normative questions. (shrink)

How is practical reasoning related to ethical reasoning? The most common view is that they are identical: practical reasoning just is ethical reasoning. I criticize this view and then propose an alternative account of the relation between ethical thought and practical thought: ethical reasoning is reasoning about sound practical reasoning. I argue that this account of the relation between ethics and practical reasoning explains various phenomena that more familiar views leave unexplained. It also entails that the philosophy of action bears (...) heavily on ethical inquiry. (shrink)

Many philosophers believe that Robert Nozick's experience machine argument poses an insurmountable obstacle to hedonism as a theory of well-being. After an initial attempt to demonstrate that the persuasiveness of this argument rests on a key ambiguity, I argue that the intuitions to which the thought experiment appeals are not nearly as clear as many philosophers suppose they are. I believe that a careful consideration of the origin of those intuitions -- especially in light of the so-called "paradox of hedonism" (...) -- reveals that they can, in fact, fit quite comfortably into a hedonistic theory of well-being. (shrink)

Reasons are considerations that figure in sound reasoning. This is considered by many philosophers to be little more than a platitude. I argue that it actually has surprising and far-reaching metanormative implications. The view that reasons are linked to sound reasoning seems platitudinous only because we tend to assume that soundness is a normative property, in which case the view merely relates one normative phenomenon (reasons) to another (soundness). I argue that soundness is also a descriptive phenomenon, one we can (...) pick out with purely descriptive terms, and that the connection between normative reasons and sound reasoning therefore provides the basis for a reductive account of reasons. Like all proposed reductions, this one must confront some version of G. E. Moore’s open question argument. I argue that a reductive view rooted in the idea that reasons figure in sound reasoning is well-equipped to meet the open question challenge head on. (shrink)

Constitutivists seek to locate the metaphysical foundations of ethics in nonnormative facts about what is constitutive of agency. For most constitutivists, this involves grounding authoritative norms in the teleological structure of agency. Despite a recent surge in interest, the philosophical move at the heart of this sort of constitutivism remains underdeveloped. Some constitutivists—Foot, Thomson, and Korsgaard (at least in her recent *Self-Constitution*)—adopt a broadly Aristotelian approach. They claim that the functional nature of agency grounds normative judgments about agents in much (...) the same way that the functional natures of artifacts and bodily organs ground normative judgments about those kinds of things. I argue that the neo-Aristotelian conclusions about goodness which follow so straightforwardly from teleological premises are not genuinely normative. Functions are not by their very nature normatively significant. Other constitutivists—notably J. David Velleman and Paul Katsafanas—eschew Aristotelian talk of functions in favor of an approach based on the idea that agency has a constitutive aim. Velleman and Katsafanas both claim that aims are normatively significant. I argue that the fact that agency has a constitutive aim is merely a fact about the motives that produce and regulate actions. And so we are still left with a gap between the teleological and the normative. I conclude by suggesting that constitutivists have failed to find a way to bridge this gap not because none exists, but rather because they have been looking in the wrong place. The constitutivist project can be salvaged, but only if it is supplemented with a reductive metanormative account of reasons for action, an account that links reasons to sound or successful practical reasoning. (shrink)

When we make ethical claims, we invoke a kind of objective authority. A familiar worry about our ethical practices is that this invocation of authority involves a mistake. This worry was perhaps best captured by John Mackie, who argued that the fabric of the world contains nothing so queer as objective authority and thus that all our ethical claims are false. Kantians such as Christine Korsgaard and David Velleman offer accounts of the objectivity of ethics that do without the controversial (...) realist assumptions which gives rise to Mackie’s skepticism. They contend that our ethical claims correctly invoke objective authority not by corresponding to some normative pocket of the fabric of reality, but rather by expressing commitments that are inescapable. This Kantian strategy is often advertised as an alternative to traditional but “boring” metaethics. Its proponents promise to vindicate our ethical practices without entangling us in familiar metanormative disputes about the metaphysics, epistemology and semantics of ethics. In this paper, I argue that the Kantian strategy cannot make good on this promise. Considered as an attempt to sidestep traditional metaethics, it lacks the resources to produce the desired normative conclusions. The outlook for the Kantian strategy becomes more promising, though, if we pair it with one of two familiar metanormative theories: expressivism or reductionism. The resulting metaethically-loaded versions of the Kantian strategy can deliver the promised conclusions, but only by plunging straight into the quagmire of traditional metaethics. And there all of the familiar objections to expressivism and reductionism await. (shrink)

Mark Schroeder has recently presented apparent counterexamples to the standard account of the distinction between the right and the wrong kinds of reasons. We argue that these examples appear to refute the standard account only because they blur the distinction between two kinds of reasoning: reasoning about whether to intend or believe that p and reasoning about whether to take up the question of whether to intend or believe that p.

We are agents: we can deliberate about what to do, and then act on the basis of that deliberation. We are also capable of normative self-governance: we can identify and respond to reasons as reasons. Many theorists believe that these two capacities are intimately connected. On the basis of this connection they conclude that practical reasoning must be carried out under the guise of a justification. This paper explores two strategies for avoiding that conclusion. The first, which just denies the (...) connection between agency and normative self-governance, is rejected as too costly, since it leaves the normative significance of agency unexplained. The second, which suggests that we can respond to a consideration as a reason without representing it as a reason, seems more promising, but it requires a reductive account of reasons for action. The upshot is that metaethics and action theory are entwined in ways that few have recognized. (shrink)

A critical study of Kieran Setiya's *Reasons without Rationalism*.

Since 2002 we have been testing and refining a methodology for ontology development that is now being used by multiple groups of researchers in different life science domains. Gary Merrill, in a recent paper in this journal, describes some of the reasons why this methodology has been found attractive by researchers in the biological and biomedical sciences. At the same time he assails the methodology on philosophical grounds, focusing specifically on our recommendation that ontologies developed for scientific purposes should be (...) constructed in such a way that their terms are seen as referring to what we call universals or types in reality. As we show, Merrill’s critique is of little relevance to the success of our realist project, since it not only reveals no actual errors in our work but also criticizes views on universals that we do not in fact hold. However, it nonetheless provides us with a valuable opportunity to clarify the realist methodology, and to show how some of its principles are being applied, especially within the framework of the OBO (Open Biomedical Ontologies) Foundry initiative. (shrink)

This article analyses the epistemic status of law and its presumption of being a science in relation with the so-called demarcation criterion proposed by different philosophers of science. Such criteria are the main analytical elements to differentiate scientific discourses from those who are not and the ones who pretend to be. In relation to those, pseudoscience and law are treated, to finally conclude with the exposition of the case of Daubert v. Merrill Dow Pharmaceuticals, in which a judicial process defined (...) demarcation criteria. This paper shows how the demarcation criteria of science and the concept of pseudoscience cannot be applied to law science given its own rationality. (shrink)

Although Wittgenstein maintains that there are no theses in philosophy, he is regularly interpreted as advancing or committed to such theses. In this paper I consider a striking case in point, Merrill Ring’s discussion of §19(b), §20(a) and §20(b) of the Philosophical Investigations. I compare Ring's account of the text with Wittgenstein's actual words and stress the importance of refraining from taking Wittgenstein to be engaged in an explanatory or theoretical enterprise.

A tongue-in-cheek send-up of certain aspects of existentialism written by a well-known logician and philosopher who had a serious affair with existentialism in his youth. It was never submitted for publication and is finally being made available here posthumously with the permission of Helen Eberle. To the best of my recollection it was written some time in the mid/late 1980s. -- Gary H. Merrill.

Legal philosophers and property scholars sometimes disagree over one or more of the following: the meaning of the word 'property,' the concept of property, and the nature of property. For much of the twentieth century, the work of W.N. Hohfeld and Tony Honoré represented a consensus around property. The consensus often went under the heading of property as bundle of rights, or more accurately as a set of normative relations between persons with respect to things. But by the mid-l 990s, (...) the consensus was under attack. Key figures in the attack were James Penner, a legal philosopher, and Thomas W. Merrill and Henry E. Smith, two highly regarded professors of property law. This article aims to repel the attack and argues for property as a set of normative relations between persons with respect to things. The positive case for this view of property pays special attention to the philosophy of language and the analysis of concepts. The positive case also maintains that the right to use and the power to transfer are as central to property as the right to exclude. It is possible that the virtues of Smith's modular theory of property differ from the virtues of a well-crafted bundle theory. Indeed, it may be the case that these two theories throw light on different features of property law and are not, save at the margin, competitors with each other. The label 'new essentialism' sometimes applied to the work of Penner, Merrill, and Smith seems inapt if property does not have an essence. Of course, they might refuse the label. (shrink)

A review of the collection "Knowledge and Skepticism" edited by Joseph Campbell, Michael O'Rourke, and Harry Silverstein.

I begin by sketching the Epicurean position on death - that it cannot be bad for the one who dies because she no longer exists - which has struck many people as specious. However, alternative views must specify who is wronged by death (the dead person?), what is the harm (suffering?), and when does the harm take place (before death, when you’re not dead yet, or after death, when you’re not around any more?). In the second section I outline the (...) most sophisticated anti-Epicurean view, the deprivation account, according to which someone who dies is harmed to the extent that the death has deprived her of goods she would otherwise have had. In the third section I argue that deprivation accounts that use the philosophical tool of possible worlds have the counterintuitive implication that we are harmed in the actual world because counterfactual versions of us lead fantastic lives in other possible worlds. In the final section I outline a neo-Epicurean position that explains how one can be wronged by being killed without being harmed by death and how it is possible to defend intuitions about injustice without problematic appeal to possible worlds. (shrink)