Cornell realism (CR), a prominent meta-ethical position that has emerged since the last decades of the twentieth century, proposes a non-reductionist naturalistic account of moral properties and facts. This paper argues that the best version of CR’s chosen methodology for arriving at justified moral beliefs must be seen as a variant of reflective equilibrium. In comparison to the traditional versions, our proposal offers a ‘social’ reinterpretation of reflective equilibrium in delineating CR’s epistemology. We argue that it satisfactorily accounts for objectivity (...) and calls for the inclusion of the social nature of both moral and scientific inquiries. Emphasising the social dimension of their epistemological account also nudges debates in metaethics into incorporating the much-needed social dimension while dealing with questions of moral beliefs and facts that have been of CR’s concern. (shrink)

Moral epistemology (henceforth ME) has been spoken of as a subject matter in its own right by philosophers in the last few decades and yet the delineation of ME as a sub-discipline remains uncharted. Many eminent scholars with rich contributions have not explicitly defined the scope or demarcation of this emerging field. Drawing from their writings, the paper tries to show that philosophers working on ME either conceptualise it as an application of epistemology to moral beliefs or as encompassing issues (...) of epistemic access to moral truths. The paper contends that such conceptions of moral epistemology are not rigorous enough to warrant a discrete sub-discipline. This puts the paper in disagreement with those scholars who justify the creation of a subject-specific ME. David Copp and Todd Stewart figure prominently among such attempts. Copp and Stewart justify ME to be a separate epistemology, by alluding to the normative nature of moral beliefs, and through the introduction of emotions into the mix, respectively. The paper tries to show that neither normativity nor emotions appear to be robust enough to create a distinct epistemology. The predicament of moral epistemologists arises from the fact that while the practitioners seem to be keen on establishing ME as a discrete sub-discipline, they end up subsuming it under a general epistemology and fail to justify the need for such a subject-specific epistemology. The only way out of this quandary, the paper asserts, is to treat ME more as a methodological project that involves extending general epistemic tools to moral beliefs as a specific case, and not as a specialised topic-specific epistemology. (shrink)

This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...) person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)