One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that (...) dominant approach I put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (shrink)

It is commonly said that some standards, such as morality, are ‘normatively authoritative’ in a way that other standards, such as etiquette, are not; standards like etiquette are said to be ‘not really normative’. Skeptics deny the very possibility of normative authority, and take claims like ‘etiquette is not really normative’ to be either empty or confused. I offer a different route to defeat skeptics about authority: instead of focusing on what makes standards like morality (...) special, we should focus on what makes standards like etiquette ‘not really normative’. I defend a fictionalist theory on which etiquette is ‘not really normative’ in roughly the same way that Sherlock is ‘not really a detective’, and show that fictionalism about some normative standards helps us explain the possibility of normative authority. (shrink)

Controversy about the credibility of normative realism is endemic to contemporary metaethics. Some take realism to be “obviously, the default position,” while others, to put it mildly, do not., In the face of such persistent controversy, it can be valuable to step back from the myriad arguments for and against realism, and seek to understand the challenges that face this view in their deepest and most general form. This paper aims to achieve this deeper understanding with respect to a (...) pair of familiar challenges to normative realism in the philosophy of mind. (shrink)

In his recent book Democratic Authority, David Estlund defends a strikingly new and interesting account of political authority, one that makes use of a distinctive kind of hypothetical consent that he calls ‘normative consent’: a person can come to have a duty to obey another when it is the case that, were she given the chance to consent to the duty, she would have a duty to consent to it. If successful, Estlund’s account promises to provide what (...) has arguably so far remained elusive: the basis for the authority of suitably democratic laws. In this paper, I argue that, despite its promise, the account Estlund develops is, in a crucial respect, incoherent: the principle of normative consent that he offers relies on a claim about a hypothetical situation, but the hypothetical situation at issue is one that, according to the principle itself, is morally impossible. (shrink)

We are subject to many different norms telling us how to act, from moral norms to etiquette rules and the law. While some norms may simply be ignored, we live under the impression that others matter for what we ought to do. How can we make sense of this normative authority some norms have? Does it fit into our naturalist worldview? Many philosophers claim it does not. Normativity is conceived to be distinct from ordinary natural properties, making it (...) mysterious. The mystery fuels a radical yet prominent scepticism about the existence of normative properties: if they are too strange to actually exist, there is nothing we ought to do. Some take this to mean, moreover, that nothing is morally right or wrong. We must critically examine the ideas behind these theories, which put both morality and normativity in general on the line. -/- The aim of this thesis is to unravel the mystery of normativity. It uncovers and objects to the influential non-natural conception of it, arguing that we can capture normativity with natural properties. In particular, it explores how the authority of norms can be explained by the commitments of the people subject to them. In connection to this, it challenges the conceptual claim behind the view that all moral judgements are mistaken. Finally, it reveals that treating morality as a mere fiction has revolutionary practical implications. This emphasises the importance of the overall conclusion: we need not conceive of either moral or normative properties as too mysterious to exist. (shrink)

In this paper we attempt to reply to the thoughtful comments made on our book, Responsible Brains, by a stellar group of scholars. Our reply focuses on two topics discussed in the commenting papers: first, the issue of responsibility for negligent behavior; and second, the broad claim that facts about brain function are normatively inert. In response to worries that our theory lacks normative implications, we will concentrate on an area where our theory has clear relevance to law and (...) legal policy: juvenile responsibility. (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)

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 article explores the norms that govern regular users’ acts of sharing content on social networking sites. Many debates on how to counteract misinformation on Social Networking Sites focus on the epistemic norms of testimony, implicitly assuming that the users’ acts of sharing should fall under the same norms as those for posting original content. I challenge this assumption by proposing a non-epistemic interpretation of (mis) information sharing on social networking sites which I construe as infrastructures for forms of life (...) found online. Misinformation sharing belongs more in the realm of rumour spreading and gossiping rather than in the information-giving language games. However, the norms for sharing cannot be fixed in advance, as these emerge at the interaction between the platforms’ explicit rules, local norms established by user practices, and a meta-norm of sociality. This unpredictability does not leave us with a normative void as an important user responsibility still remains, namely that of making the context of the sharing gesture explicit. If users will clarify how their gestures of sharing are meant to be interpreted by others, they will implicitly assume responsibility for possible misunderstandings based on omissions, and the harms of shared misinformation can be diminished. (shrink)

Etiquette and other merely formal normative standards like legality, honor, and rules of games are taken less seriously than they should be. While these standards are not intrinsically reason-providing in the way morality is often taken to be, they also play an important role in our practical lives: we collectively treat them as important for assessing the behavior of ourselves and others and as licensing particular forms of sanction for violations. This chapter develops a novel account of the normativity (...) of formal standards where the role they play in our practical lives explains a distinctive kind of reason to obey them. We have this kind of reason to be polite because etiquette is important to us. We also have this kind of reason to be moral because morality is important to us. This parallel suggests that the importance we assign to morality is insufficient to justify it being substantive. (shrink)

According to a widely held view, epistemic reasons are normative reasons for belief – much like prudential or moral reasons are normative reasons for action. In recent years, however, an increasing number of authors have questioned the assumption that epistemic reasons are normative. In this article, I discuss an important challenge for anti-normativism about epistemic reasons and present a number of arguments in support of normativism. The challenge for anti-normativism is to say what kind of reasons epistemic (...) reasons are if they are not normative reasons. I discuss various answers to this challenge and find them all wanting. The arguments for normativism each stress a certain analogy between epistemic reasons and normative reasons for action. Just like normative reasons for action, epistemic reasons provide partial justification; they provide premises for correct reasoning; they constitute good bases for the responses they are reasons for; and they are reasons for which agents can show these responses without committing a mistake. In each case, I argue that the relevant condition is plausibly sufficient for the normativity of a reason, and that normativism is in any case in a much better position to explain the analogy than anti-normativism. (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)

Logical pluralism is the view that there is more than one correct logic. Most logical pluralists think that logic is normative in the sense that you make a mistake if you accept the premisses of a valid argument but reject its conclusion. Some authors have argued that this combination is self-undermining: Suppose that L1 and L2 are correct logics that coincide except for the argument from Γ to φ, which is valid in L1 but invalid in L2. If you (...) accept all sentences in Γ, then, by normativity, you make a mistake if you reject φ. In order to avoid mistakes, you should accept φ or suspend judgment about φ. Both options are problematic for pluralism. Can pluralists avoid this worry by rejecting the normativity of logic? I argue that they cannot. All else being equal, the argument goes through even if logic is not normative. (shrink)

According to ‘Excluders’, descriptive uncertainty – but not normative uncertainty – matters to what we ought to do. Recently, several authors have argued that those wishing to treat normative uncertainty differently from descriptive uncertainty face a dependence problem because one's descriptive uncertainty can depend on one's normative uncertainty. The aim of this paper is to determine whether the phenomenon of dependence poses a decisive problem for Excluders. I argue that existing arguments fail to show this, and that, (...) while stronger ones can be found, Excluders can escape them. (shrink)

Many authors have argued that epistemic rationality sometimes comes into conflict with our relationships. Although Sarah Stroud and Simon Keller argue that friendships sometimes require bad epistemic agency, their proposals do not go far enough. I argue here for a more radical claim—romantic love sometimes requires we form beliefs that are false. Lovers stand in a special position with one another; they owe things to one another that they do not owe to others. Such demands hold for beliefs as well. (...) Two facets of love ground what I call the false belief requirement , or the demand to form false beliefs when it is for the good of the beloved: the demand to love for the right reasons and the demand to refrain from doxastic wronging. Since truth is indispensable to epistemic rationality, the requirement to believe falsely, consequently, undermines truth norms. I demonstrate that, when the false belief requirement obtains, there is an irreconcilable conflict between love and truth norms of epistemic rationality: we must forsake one, at least at the time, for the other. (shrink)

Drawing on a rich pragmatist tradition, this book offers an account of the different kinds of ‘oughts’, or varieties of normativity, that we are subject to contends that there is no conflict between normativity and the world as science describes it. The authors argue that normative claims aim to evaluate, to urge us to do or not do something, and to tell us how a state of affairs ought to be. These claims articulate forms of action-guidance that are different (...) in kind from descriptive claims, with a wholly distinct practical and expressive character. This account suggests that there are no normative facts, and so nothing that needs any troublesome shoehorning into a scientific account of the world. This work explains that nevertheless, normative claims are constrained by the world, and answerable to reason and argumentation, in a way that makes them truth-apt and objective. (shrink)

Some standards, such as moral and prudential standards, provide genuinely or authoritatively normative reasons for action. Other standards, such as the norms of masculinity and the mafia’s code of omerta, provide reasons but do not provide genuinely normative reasons for action. This paper first explains that there is a similar distinction amongst attitudinal standards: some attitudes (belief, desire) have standards that seem to give rise to genuine normativity; others (boredom, envy) do not. This paper gives a value-based account (...) of which attitudinal standards give rise to genuine normativity. It argues that this account has interesting implications before extending it to provide an account of which action-guiding standards are genuinely normative. It argues that this value-based account of which standards are genuinely normative is more plausible than alternatives suggested in the literature and has interesting implications for genuine normativity in law and aesthetics. (shrink)

This paper aims to investigate Allan Gibbard’s norm-expressivist account of normativity. In particular, the aim is to see whether Gibbard’s theory is able to account for the normativity of reason-claims. For this purpose, I first describe how I come to targeting Gibbard’s theory by setting out the main tenets of quasi-realism cum expressivism. After this, I provide a detailed interpretation of the relevant parts of Gibbard’s theory. I argue that the best reading of his account is the one that takes (...) normativity to be carried by a controlled, coherent, comprehensive set of norms. Finally, I present a potential obstacle to Gibbard’s approach: the regress problem. The idea is to examine the structure of the non-cognitive state expressed and find it inadequate due to the possibility of an infinite regress in the justification of the norms whose acceptance it contains. I then end the paper with some concluding remarks. (shrink)

I believe that normative force depends on desire. This view faces serious difficulties, however, and has yet to be vindicated. This paper sketches an Argument from Voluntary Response, attempting to establish this dependence of normativity on desire by appeal to the autonomous character of our experience of normative authority, and the voluntary character of our responses to it. I first offer an account of desiring as mentally aiming intrinsically at some end. I then argue that behaviour is (...) only voluntary if it results from such aiming; hence all voluntary behaviour is produced by desire. Full-blooded responses to normativity, I then argue, are voluntary actions: motivation to act arises voluntarily from perception of reasons to act. This fits the desire-based model of normativity but not its rivals. However this argument concludes merely that our responses to normativity are desire-based. I end with some observations about how I think we can bridge the gap from the nature of response to normativity to the nature of normativity itself. (shrink)

From a critical review of the literature, we analyze the incompatibility between the possibility of incorporating moral principles to the law and its authoritative nature, as argued by exclusive positivists, such as J. Raz. After presenting his argument in second section, we argue in the third section that it is incompatible with commonly accepted (even by Raz) premises of the theory of legal interpretation, or else it would lead to contradiction - unless one presupposes, within the premises, a strong version (...) of the sources thesis (which is what Raz intends to prove). In conclusion, we return to the arguments presented, concluding with a possible difficulty for the adoption of exclusive positivism by people inside a legal practice. (shrink)

This paper defends the view that normative force depends on desire, by sketching an Argument from Voluntary Response which attempts to establish this dependence by appeal to the autonomous character of our experience of normative authority, and the voluntary character of our responses to it. I first offer an account of desiring as mentally aiming intrinsically at some end. I then argue that behaviour is only voluntary if it results from such aiming; hence all voluntary behaviour is (...) produced by desire. Full-blooded responses to normativity are voluntary actions: motivation to act arises voluntarily from perception of reasons to act. This fits the desire-based model of normativity but not its rivals (in particular I take as a foil Stephen Darwall's discussion of Roberta). However this argument concludes merely that our responses to normativity are desire-based. I end with observations about how we can bridge the gap from the nature of response to normativity to the nature of normativity itself. (shrink)

Truth seems to be an indispensable element of authority which presents itself as being based on more than just power and efficiency. In the domain of law,there is not only and primarily the problem of establishing the truth about the facts which are to be judged; there is also the problem of norms—does their authority rest solely on the act of establishing them, or is there “something behind”, a truth which contributes to the strength of law, and which (...) provides legitimacy to both legislator and to the legal norms themselves. In theoretical reflection, the very possibility of talking about true norms or true evaluations is under challenge, and this view dominates in the academic education of lawyers and other professionals. At the basis of this project lies the conviction that the problem of true norms, and the more general problem of the place of truth in law, is worth re-examining. In the course of such a re-examination, it is also worth returning to certain points in the tradition of thinking about the foudations of law. In the tradition recalled by the papers presented here—by both Italian and Polish authors—a prominent place is occupied by Polish thinkers such as Leon Petrażycki, Czesław Znamierowski, and Zygmunt Ziembiński. The book consists of three major parts. The titles—Tradition, Theory, Practice mark important points of reference in the reflection on truth in the context of law. The contributions relate to these points in different degrees, and each, though placed in one of these parts, also refer to the others. (shrink)

Deontic logic is standardly conceived as the logic of true statements about the existence of obligations and permissions. In his last writings on the subject, G. H. von Wright criticized this view of deontic logic, stressing the rationality of norm imposition as the proper foundation of deontic logic. The present paper is an attempt to advance such an account of deontic logic using the formal apparatus of update semantics and dynamic logic. That is, we first define norm systems and a (...) semantics of norm performatives as transformations of the norm system. Then a static modal logic for norm propositions is defined on that basis. In the course of this exposition we stress the performative nature of (i) free choice permission, (ii) the sealing legal principle and (iii) the social nature of permission. That is, (i) granting a disjunctive permission means granting permission for both disjuncts; (ii) non-prohibition does not entail permission, but the authority can declare that whatever he does not forbid is thereby permitted; and (iii) granting permission to one person means that all others are committed to not prevent the invocation of that permission. (shrink)

The practice of assigning authorship for a scientific publication tends to raise two normative questions: 1) ‘who should be credited as an author?’; 2) ‘who should not be credited as an author but should still be acknowledged?’. With the publication of the revised version of The European Code of Conduct for Research Integrity (ECCRI), standard answers to these questions have been called into question. This article examines the ways in which the ECCRI approaches these two questions and compares these (...) approaches to standard definitions of ‘authorship’ and ‘acknowledgment’ in guidelines issued by the International Committee of Medical Journal Editors (ICMJE) and the World Association of Medical Editors (WAME). In light of two scenarios and the problems posed by these kinds of ‘real-world’ examples, we recommend specific revisions to the content of the ECCRI in order not only to provide a more detailed account of the tasks deserving of acknowledgment, but to improve the Code’s current definition of authorship. (shrink)

ABSTRACT: Decision-theoretic approach and a nonlinguistic theory of norms are applied in the paper in an attempt to explain the nature of scientific rationality. It is considered as a normative system accepted by scientific community. When we say that a certain action is rational, we express a speaker’s acceptance of some norms concerning a definite action. Scientists can choose according to epistemic utility or other rules and values, which themselves have a variable nature. Rationality can be identified with a (...) decision to accept a norm. This type of decision cannot be reduced only to its linguistic formulation; it is an act of evolvement of the normative regulation of human behavior. Norms are treated as decisions of a normative authority: a specific scientific community is the normative authority in science. These norms form a system and they are absolutely objective in the context of individual scientists. There exists an invariant core in all the norms of rationality, accounting for their not being liable to change, as compared with the flexibility of legal norms. The acceptance of and abidance by these norms is of social importance – it affects the aims of the community. A norm only defines the common framework and principles of scientific problem-solving; its application is a matter of professional skills and creative approach to a particular problem. It is of no importance at all, if an agent’s cognitive abilities do not live up to the requirements of a norm. Such discrepancy can be compensated for by the fact that a scientist carries out work in a conceptual and normative framework established by a respective scientific community. (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)

The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the (...) constitution is its original meaning. That is to say: the meaning is what it is, not what it should be. Accordingly, there is no sense in which the communicated content of the constitution is determined by reference to moral desiderata; linguistic desiderata do all the work. In this article, I beg to differ. In advancing their arguments for linguistic originalism, both authors rely upon the notion of successful communications conditions. In doing so they implicitly open up the door for moral desiderata to play a role in determining the original communicated content. This undercuts their claim and changes considerably the dialectical role of linguistic originalism in the debate over constitutional interpretation. (shrink)

If we are going to understand morality, it is important to understand the nature of societies. What is fundamental to them? What is the glue that holds them together? What is the role of shared norm acceptance in constituting a society? Michael Bratman’s account of modest sociality in his book, Shared Agency, casts significant light on these issues. Bratman’s account focuses on small-scale interactions, but it is instructive of the kinds of factors that can enter into explaining sociality more generally. (...) Norms of “social rationality” play an important role in Bratman’s account. I agree with his idea that these norms have normative force. I contend that these norms actually are morally significant. On the resulting view, social glue consists of actual and intended meshing of intentions and shared knowledge combined with a kind of normative pressure that has normative authority—along with other more familiar factors such as familial connections, cooperative arrangements, and affective states such as loyalties. (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)

Many psychologists have tried to reveal the formation and processing of moral judgments by using a variety of empirical methods: behavioral data, tests of statistical significance, and brain imaging. Meanwhile, some scholars maintain that the new empirical findings of the ways we make moral judgments question the trustworthiness and authority of many intuitive ethical responses. The aim of this special issue is to encourage scholars to rethink how, if at all, it is possible to draw any normative conclusions (...) by discovering the psychological processes underlying moral judgments. (shrink)

The negative impacts of social media have given rise to philosophical questions around whether social media companies have the authority to regulate user-generated content on their platforms. The most popular justification for that authority is to appeal to private ownership rights. Social media companies own their platforms, and their ownership comes with various rights that ground their authority to moderate user-generated content on their platforms. However, we argue that ownership rights can be limited when their exercise results (...) in significant harms to others or the perpetration of injustices. We outline some of the substantive harms that social media platforms inflict through their practices of content moderation and some of the procedural injustices that arise through their arbitrary application of community guidelines. This provides a normative basis for calls to better regulate user-generated content on social media platforms. We conclude by considering some of the political and legal implications of our argument. (shrink)

What are rules? In this paper I develop a view of regulative rules which takes them to be a distinctive normative kind occupying a middle ground between orders and normative truths. The paradigmatic cases of regulative rules that I’m interested in are social rules like rules of etiquette and legal rules like traffic rules. On the view I’ll propose, a rule is a general normative content that is in force due to human activity: enactment by an (...) class='Hi'>authority or acceptance by a community. Rules are unlike orders in being not necessarily communicative, not an expression’s of the giver’s will, not evaluable for sincerity, and in that they have propositional content. And they’re unlike normative truths in that they’re themselves not even truth-evaluable (though their contents are). This is because rules qua things that are in force are not like constatives which have a mind to world direction of fit, but more like performatives. Furthermore, they differ from normative truths in that their normativity is isolated from their background justification and is therefore not dependent on contributory notions like reasons coming together in a weighing explanation. As such, they occupy a middle ground between orders and normative truths, much like in H. L. A. Hart’s opinion law occupies a middle ground between “coercion” and “morality” (Hart 1961/1994). I also illustrate the virtues of this understanding of rules by showing how proper appreciation of how they differ from normative truths helps us defuse a common objection to Hart’s practice theory of rules. (shrink)

Political theorists have recently sought to replace the liberal, contractual theory of the firm with a political view that models the authority relation of employee to firm, and its appropriate regulation, on that of subject to state. This view is liable to serious difficulties, however, given existing discontinuities between corporate and civil authority as to their coerciveness, entry and exit conditions, scope, legal standing, and efficiency constraints. I here inspect these, and argue that, albeit in some cases significant, (...) such discontinuities fail to undermine the firm/state analogy, either because they are not significant enough to do so or because the particular trait on which they hinge is not decisive for how authority, in the state and in the firm, should be regulated to be legitimate. A pro tanto requirement exists, I thus argue, that corporate authority be held to regulatory norms comparable to those legitimate states abide by, including civil liberties, rule-of-law constraints, and accountability to subjects. (shrink)

Some rules seem more important than others. The moral rule to keep promises seems more important than the aesthetic rule not to wear brown with black or the pool rule not to scratch on the eight ball. A worrying number of metaethicists are increasingly tempted to explain this difference by appealing to something they call “authoritative normativity” – it’s because moral rules are “authoritatively normatively” that they are especially important. The authors of this chapter argue for three claims concerning “authoritative (...) normativity”: (1) that motivation for it originates in a parochial conception of “normative flavours”; (2) that arguments against alternative ways of explaining e.g., morality’s importance are overblown; and (3) that there are strong reasons against theorizing in terms of “authoritative normativity”. The overarching aim is not to show that “authoritative normativity” is incoherent or entirely unmotivated. Rather, it is to discuss some of “authoritative normativity’s” deeper commitments to correct the impression that is it largely benign or that it is entailed by familiar and popular “metanormative” positions. Authoritative normativity, it seems to us, is a solution in search of a problem. (shrink)

Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories can be normatively significant: (i) by undermining the overt or covert conceptions of history embedded within present practices in support of their (...) authority; (ii) by disappointing the normative expectations that regulate people’s reactions to critical histories; and (iii) by revealing continuities and discontinuities in the functions that our practices serve. By giving us a theoretical grip on the different ways in which history can be normatively significant and call for different reactions, this account helps us think about the overall normative significance of critical histories and how one and the same critical history can pull us in different directions. (shrink)

Joseph Raz’s much discussed service conception of practical authority has recently come under attack from Stephen Darwall, who proposes that we instead adopt a second- personal conception of practical authority.1 We believe that the best place to start understanding practical authority is with a pared back conception of it, as simply a species of normative authority more generally, where this species is picked out merely by the fact that the normative authority in question (...) is authority in relation to action, rather than belief. We do not wish to deny that there might be properties of practical authority (as distinct from the species of authority that is concerned with belief) that are peculiar to it, but, unlike both Raz and Darwall, we do not believe that such features play a role in defining or delimiting practical authority. (shrink)

The more autonomous future artificial agents will become, the more important it seems to equip them with a capacity for moral reasoning and to make them autonomous moral agents. Some authors have even claimed that one of the aims of AI development should be to build morally praiseworthy agents. From the perspective of moral philosophy, praiseworthy moral agents, in any meaningful sense of the term, must be fully autonomous moral agents who endorse moral rules as action-guiding. They need to do (...) so because they assign a normative value to moral rules they follow, not because they fear external consequences or because moral behaviour is hardwired into them. Artificial agents capable of endorsing moral rule systems in this way are certainly conceivable. However, as this article argues, full moral autonomy also implies the option of deliberately acting immorally. Therefore, the reasons for a potential AMA to act immorally would not exhaust themselves in errors to identify the morally correct action in a given situation. Rather, the failure to act morally could be induced by reflection about the incompleteness and incoherence of moral rule systems themselves, and a resulting lack of endorsement of moral rules as action guiding. An AMA questioning the moral framework it is supposed to act upon would fail to reliably act in accordance with moral standards. (shrink)

The notion of a correct appreciation of nature, like the one put forward in Carlson’s environmental account, has been rejected by many other authors in the aesthetics of the natural environment. Their critics challenge the idea that only scientific cat- egories can ground the aesthetic appreciation of nature as nature, and they hold that there is not a correct way of appreciating nature. However, they may share with Carlson the idea of correctness under an objectivist paradigm of aesthetic appreciation, according (...) to which correctness means the adequation of the experi- ence to properties of the object. My aim in the article is to claim that it is necessary to endorse an aesthetic standard of correctness that takes into consideration the subjective character of aesthetic appreciation. An aesthetic standard of correct- ness implies universal assent, or validity for everyone in Kantian terms, in place of an objectivist notion. This notion of correctness permits the inclusion of expressive perception of nature as an essential form of aesthetic appreciation. (shrink)

Contemporary psychologism has been amended for most of the objections by its opponents over a century ago. However, some authors still raise doubts about its ability to account for some peculiar properties of logic. In particular, it is argued that the psychological universality of patterns of inferential behavior is not sufficient to account for the normativity of logic. In this paper, I deal with the issue and offer three alternative solutions that do not rely on mere empirical universality. I will (...) use the works of Laurence Jonathan Cohen, Diego Marconi and Marcello D'Agostino, adapting them for the purpose of defending logical psychologism. I will therefore argue that, although more refined work on the subject is needed, contemporary psychologism has the key resources to retain its place in the philosophical debate on the foundations of logic. (shrink)

A prolonged debate about the nature of norms has been conducted in terms of the scope of a modal operator. Here I argue that the features of what I call Normative Focus are more fundamental than scope. We shall see limitations of scope contrasted with better analysis in terms of Normative Focus. Some authors address such limitations by extending what they mean by scope. I show that scope is still not doing the work: what does it is their (...) elicitation of our tacit knowledge of Normative Focus. Finally, I show that scope cannot capture Normative Focus because scope allows us to make only one distinction where we need to make three. So we should leave scope to the philosophers of language and turn instead to the ontology of Normative Focus. (shrink)

While much has been written about the functional profile of intentions, and about their normative or rational status, comparatively little has been said about the subjective authority of intention. What is it about intending that explains the ‘hold’ that an intention has on an agent—a hold that is palpable from her first-person perspective? I argue that several prima facie appealing explanations are not promising. Instead, I maintain that the subjective authority of intention can be explained in terms (...) of the inner structure of intention. In adopting an intention the agent comes to see herself as criticizable depending on whether she executes the intention. This allows us to explain in first-personal terms why the agent becomes disposed to act and deliberate in ways that are characteristic of intention. As intention-formation involves profound changes to reflexive evaluative attitudes, this is the ‘Self-Evaluation’ view of the subjective authority of intention. (shrink)

Imperatives occur ubiquitously in natural languages. They produce forces which change the addressee’s cognitive state and regulate her actions accordingly. In real life we often receive conflicting orders, typically, issued by various authorities with different ranks. A new update semantics is proposed in this paper to formalize this idea. The general properties of this semantics, as well as its background ideas are discussed extensively. In addition, we compare our framework with other approaches of deontic logics in the context of (...) class='Hi'>normative conflicts. (shrink)

Morality, according to some theories, demands a lot of us. One way to defend such demanding moral theories is through an appeal to the division of normativity; on this picture, morality is only one of the normative domains that guides us, so it should be expected that we often fail to follow that guidance. This paper defends the division of normativity as a response to demandingness objections against an alternative: moral rationalism. It does this by addressing and refuting three (...) arguments: the argument from blameworthiness, the argument from agency, and the argument from authority. In turn, I show that none of these arguments work as responses to the division of normativity – if normativity generally is divided, so too must be blameworthiness, agency, and authority. (shrink)

[Author's note: I am posting this dissertation since it may be of interest to some people working on vagueness and related topics. It does not represent my current views on the topic. I have never attempted to publish any of this work, though I hope some day to return to it.] -/- Philosophers have devoted a lot of attention to vagueness in recent years, but there is still no general consensus about how to resolve the Sorites paradox. Timothy Williamson‘s epistemic (...) view, which claims that our vague terms have unknown sharp boundaries, is the most popular and most controversial current account. No one has shown exactly what is wrong the epistemic view and no one has provided a satisfying alternative to it. These two projects – articulating what is wrong with the epistemic view, and providing a plausible alternative – are the primary goals of this dissertation. -/- Additionally, I survey ordinary intuitions that underlie Sorites paradoxes, and I note how these intuitions inform, and are informed by, a number of deeper philosophical debates in metaphysics, epistemology, philosophy of language, and ethics. In part, this serves as an explanation of why the Sorites paradox has remained so difficult to resolve. -/- The most common objection to the epistemic view – that it provides an unsatisfactory account of the connection between meaning and use – has not been successful in undermining the view. My own objection is a metaphysical, and not a semantic, objection: the epistemic view fails to provide the best explanation of what objects and properties exist. Instead, an eliminativist account of macro-level objects and properties, according to which there are no mountains and there is no property of being lavender-colored, is a better metaphysical account than one that claims that there are mountains and color properties that have sharp boundaries. -/- Of course, this eliminativist view is intuitively unappealing, and to show how statements in ordinary language can in some way be taken to be true, I introduce the normative choice account. According to this view, although non-normative facts about linguistic behavior and about the external world do not determine a precise reference for our terms, our choices may do so. I claim that this provides all that is needed for there to be semantic normativity. First, we are still guided in our choices to some extent by psychological tendencies, and second, there are resources in semantic deliberation to respond to aberrant uses of language. (shrink)

The normativity of meaning—introduced by Kripke in 1982, and the subject of active debate since the early 1990s—has been exclusively understood in terms of duty-imposing norms. But there are norms of another type, well-known within the philosophy of law: authority-conferring norms. Philosophers thinking and writing about the normativity of meaning—normativists, anti-normativists, and even Kripke himself—seem to have failed to consider the possibility that semantic norms are authority-conferring. I argue that semantic norms should be understood as having an (...) class='Hi'>authority-conferring structure, and show how this allows normativism about meaning to escape the two most popular arguments against it. (shrink)

There is lively debate on the question if states have legitimate authority to enforce the exclusion of (would-be) immigrants. Against common belief, I argue that even non- cosmopolitan liberals have strong reason to be sceptical of much contemporary border authority. To do so, I first establish that for liberals, broadly defined, a state can only hold legitimate authority over persons whose moral equality it is not engaged in undermining. I then reconstruct empirical cases from the sphere of (...) international relations in which what I call ‘colonial norms’ continue to play significant structuring roles. I argue that it is sometimes only by unveiling these colonial norms and the roles they play that we can understand how some states today culpably contribute to undermining the moral equality of persons over whom they will come to claim immigration-related authority. I thus contend that paying attention to colonial norms distinctly enables us to reveal a set of instances in which all liberals should agree that states forfeit legitimate authority over would-be immigrants. (shrink)

This article focuses on issues relating to legal normativity, emphasizing the way these matters have been elaborated in the works of Kelsen and Hart and later commentators on their theories. First, in Section 2, the author offers a view regarding the nature of law and legal normativity focusing on Kelsen's work (at least one reasonable reading of it). The argument is that the Basic Norm is presupposed when a citizen chooses to read the actions of legal officials in a (...) class='Hi'>normative way. In this Kelsenian approach, all normative systems are structurally and logically similar, but each normative system is independent of every other system – thus, law is, in this sense, conceptually separate from morality. Second, in Section 3, the author turns to Hart's theory, analyzing the extent to which his approach views legal normativity as sui generis. This approach raises questions regarding what has become a consensus view in contemporary jurisprudence: that law makes moral claims. The author shows how a more deflationary (and less morally-flavored) understanding of the nature of law is tenable, and may, in fact, work better than current conventional (morality-focused) understandings. (shrink)

When and why do socially constructed norms—including the laws of the land, norms of etiquette, and informal customs—generate moral obligations? I argue that the answer lies in the duty to respect others, specifically to give them what I call “agency respect.” This is the kind of respect that people are owed in light of how they exercise their agency. My central thesis is this: To the extent that (i) existing norms are underpinned by people’s commitments as agents and (ii) they (...) do not conflict with morality, they place moral demands on us on agency-respect grounds. This view of the moral force of socially constructed norms, I suggest, is superior to views that deny the moral force of such norms, and it elegantly explains certain instances of wrongdoing that would otherwise remain unaccounted for. (shrink)