Another paper exploring the relation between Temporal externalism and Epistemicism about Vagueness, but with slightly more emphasis on the role of constitutive norms relating to our concept of truth.

This article offers a detailed textual reexamination of the ‘family resemblance’ passages to reconsider their implications for understanding art. The reassessment takes into account their broader context in the Philosophical Investigations, including the rule following considerations, and draws on a realist interpretive framework associated principally with the work of Cavell, Diamond, McDowell, and Putnam. Wittgensteinian “realism with a human face” helps us discern that the primary issue is not whether certain concepts are definable, posing a stark opposition between essentialism and (...) its denial about kinds such as language or games. What is at issue is keeping uses of language in view in their variety and their broader life contexts. Focus on rules suggests more broadly that norms and values inhere in practices and play a constitutive role in determining the entities integral to those practices. From this perspective, a Wittgensteinian framework explains art as locally overlapping practices, each with their own constitutive norms and values for the works integral to them. What makes something art has normative force specific to a practice. This recognizes the historically contingent nature of art practices in a way that relational definitions or disjunctive ‘cluster’ explanations do not. (shrink)

The Article addresses itself to immigration law governing the admission and expulsion of aliens, exploring the gap between the "plenary power" doctrine––the notion that Congress and the executive branch have broad and often exclusive authority over immigration decisions––and the actual practice of many federal courts in the immigration field. Federal courts, the author argues, often apply two distinct sets of constitutional norms in immigration cases, one set drawn from immigration law proper and applied directly to constitutional cases, and a (...) second, "phantom norm" set, borrowed from mainstream public law and applied in the interpretation of immigration statutes. The result is an immigration law regime in which the plenary power doctrine has been undermined, but not reversed, through statutory interpretation. The Article explores the reasons for the application of "phantom norms" to immigration statutes and the problems created by that practice, ultimately recommending a direct reassessment of plenary power as a constitutional doctrine. In so doing, the Article serves not only as an examination of the interpretive dynamics peculiar to immigration law but also as an exemplary study of a general problem of legal process––the relationship between statutory interpretation and constitutional law. (shrink)

According to an influential hypothesis, the speech act of assertion is subject to a single 'constitutive' rule, that takes the form: "One must: assert that p only if p has C". Scholars working on assertion interpret the assumption that this rule is 'constitutive' in different ways. This disagreement, often unacknowledged, threatens the foundations of the philosophical debate on assertion. This paper reviews different interpretations of the claim that assertion is governed by a constitutive rule. It argues that (...) once we understand the full import of assuming that assertion is governed by a constitutive rule, it becomes clear that some fundamental assumptions of the current debate are mistaken, and others unwarranted. (shrink)

An experimental paradigm that purports to test young children’s understanding of social norms is examined. The paradigm models norms on Searle’s notion of a constitutive rule. The experiments and the reasons provided for their design are discussed. It is argued that the experiments do not provide direct evidence about the development of social norms and that the concepts of a social norm and constitutive rule are distinct. The experimental data are re-interpreted, and suggestions for how (...) to deal with the present criticism are presented that do not require abandoning the paradigm as such. Then the conception of normativity that underlies the experimental paradigm is rejected and an alternative view is put forward. It is argued that normativity emerges from interaction and engagement, and that learning to comply with social norms involves understanding the distinction between their content, enforcement, and acceptance. As opposed to rule-based accounts that picture the development of an understanding of social norms as one-directional and based in enforcement, the present view emphasizes that normativity is situated, reciprocal, and interactive. (shrink)

This chapter discusses norms of assertion. I defend the view that the sole constitutive norm of assertion is that you should not assert what you do not believe. I also discuss the views of some--e.g. Grice, Williamson--who have defended the stronger view that the sole constitutive norm of assertion is that you should not assert what you do not know.

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)

I defend the thesis that beliefs are constitutively normative from two kinds of objection. After clarifying what a “blindspot” proposition is and the different types of blindspots there can be, I show that the existence of such propositions does not undermine the thesis that beliefs are essentially governed by a negative truth norm. I argue that the “normative variance” exhibited by this norm is not a defect. I also argue that if we accept a distinction between subjective and objective (...) class='Hi'>norms there need be no worrying tension between doxastic norms of truth and doxastic norms of evidence. I show how a similar approach applies to the attitude of guessing. I then suggest that if we distinguish between practical and theoretical rationality, we will prefer a negative form of norm that does not positively oblige us to form beliefs. I finish by considering an alternative possible subjunctive form of norm that would also avoid problems with blindspots but suggest this has a non-intuitive consequence. (shrink)

[Significantly updated in Chapter 7 of Awareness and the Substructure of Knowledge] Many have found it plausible that knowledge is a constitutively normative state, i.e. a state that is grounded in the possession of reasons. Many have also found it plausible that certain cases of proprioceptive knowledge, memorial knowledge, and self-evident knowledge are cases of knowledge that are not grounded in the possession of reasons. I refer to these as cases of basic knowledge. The existence of basic knowledge forms a (...) primary objection to the idea that knowledge is a constitutively normative state. In what follows I offer a way through the apparent dilemma of having to choose between either basic knowledge or the normativity of knowledge. The solution involves homing in on a state of awareness (≈non-accidental true representation) that is distinct from knowledge and which in turn grounds the normativity of knowledge in a way that is fully consistent with the existence of basic knowledge. An upshot of this is that externalist theories of knowledge turn out to be fully compatible with the thesis that knowledgeable beliefs are always beliefs that are justified by the reasons one possesses. (shrink)

This article reconsiders the relationship between interpretivism about belief and normative standards. Interpretivists have traditionally taken beliefs to be fixed in relation to norms of interpretation. However, recent work by philosophers and psychologists reveals that human belief attribution practices are governed by a rich diversity of normative standards. Interpretivists thus face a dilemma: either give up on the idea that belief is constitutively normative or countenance a context-sensitive disjunction of norms that constitute belief. Either way, interpretivists should embrace (...) the intersubjective indeterminacy of belief. (shrink)

Why do promises give rise to reasons? I consider a quadruple of possibilities which I think will not work, then sketch the explanation of the normativity of promising I find more plausible—that it is constitutive of the practice of promising that promise-breaking implies liability for blame and that we take liability for blame to be a bad thing. This effects a reduction of the normativity of promising to conventionalism about liability together with instrumental normativity and desire-based reasons. This is (...) important for a number of reasons, but the most important reason is that this style of account can be extended to account for nearly all normativity—one notable exception being instrumental normativity itself. Success in the case of promises suggests a general reduction of normativity to conventions and instrumental normativity. But success in the cases of promises is already quite interesting and does not depend essentially the general claim about normativity. (shrink)

Timothy Williamson famously argued that assertion is constituted either by the knowledge rule or some similar epistemic rule. If true, the proposal has important implications for criticism of assertions. If assertions are analogical to other rule-constituted kinds like games, we can criticize assertions either on external or internal grounds, depending on whether the criticism draws from the necessary norms of assertion or some contingent ones. More recently, authors like Goldberg and MacFarlane have argued against other theories of assertion on (...) the grounds that they cannot explain the possibility of internal criticism for assertions. This paper raises methodological problems with these arguments. The main idea is to show that alternative, non-normative accounts of assertion can also explain the apparent differences in grounds of criticism without assuming that assertion is necessarily governed by some epistemic norm. (shrink)

Can the question "Why do what morality requires?" be answered in such a way that anyone regardless of their desires or interests has reason to be moral? One strategy for answering this question appeals to constitutive arguments. In general, constitutive arguments attempt to establish the normativity of rational requirements by pointing out that we are already committed to them insofar as we are believers or agents. This study is concerned with the general prospects for such arguments. It starts (...) by explaining the general constitutive argument strategy, followed by an examination of constitutive arguments that have been given regarding theoretical reason and the instrumental principle in practical reason, and concluding with a discussion of some challenges to constitutive arguments in moral philosophy and some possible responses to these challenges. (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)

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)

What is the relation between norms (in the sense of ?socially accepted rules?) and conventions? A number of philosophers have suggested that there is some kind of conceptual or constitutive relation between them. Some hold that conventions are or entail special kinds of norms (the ?conventions-as-norms thesis?). Others hold that at least some norms are or entail special kinds of conventions (the ?norms-as-conventions thesis?). We argue that both theses are false. Norms and conventions (...) are crucially different conceptually and functionally in ways that make it the case that it is a serious mistake to try to assimilate them. They are crucially different conceptually in that whereas conventions are not normative and are behaviour dependent and desire dependent, norms are normative, behaviour independent, and desire independent. They are crucially different functionally in that whereas conventions principally serve the function of facilitating coordination, norms principally serve the function of making us accountable to one another. (shrink)

This paper develops a normative framework for both conceptualizing and assessing various institutional possibilities for democratic modes of constitutional change, with special attention to the recent ferment of constitutional experimentation. The paper’s basic methodological orientation is interdisciplinary, combining research in comparative constitutionalism, political science and normative political philosophy. In particular, it employs a form of normative reconstruction: attempting to glean out of recent institutional innovations the deep political ideals such institutions embody or attempt to realize. Starting from the assumption that (...) contemporary constitutional democracies are attempting to realize the broader ideals of deliberative democratic constitution (ideals outlined briefly in the first section), the paper proposes an evaluative framework, comprised of six criteria, for assessing various mechanisms of constitutional change. It argues that democratic forms of constitutional change embody six distinct ideals—operationalizability, structural independence, democratic co-authorship, political equality, inclusive sensitivity, and reasons-responsiveness—and that these ideals can be used to gauge the normative worth of different mechanisms for carrying out such change. The framework is developed with reference to recent constitutional developments (e.g., in Venezuela, South Africa, Columbia, Bolivia, and Iceland) highlighting distinct criteria and showing how they appear to capture the general direction of institutional innovation. The paper conjectures that the set of six criteria yield the best normative reconstruction of the crucial ideals embodied in the constitutional change mechanisms of contemporary constitutional democracies, and so, ought to be used for purposes of evaluating institutional design proposals. (shrink)

Attributions of what we shall call normative responsibilities play a central role in everyday moral thinking. It is commonly thought, for example, that parents are responsible for the wellbeing of their children, and that this has important normative consequences. Depending on context, it might mean that parents are morally required to bring their children to the doctor, feed them well, attend to their emotional needs, or to see to it that someone else does. Similarly, it is sometimes argued that countries (...) that emit most greenhouse gases are responsible for preventing catastrophic climate change. This responsibility might imply that these countries are morally required to take necessary steps individually and jointly to come to an agreement on and implement a workable plan, and to avoid steps that worsen the situation. More trivially, the grading of your student’s essays might be your responsibility, as might making sure there is wine at tomorrow’s picnic, and you might thus be required to see to it that essays are competently graded and suitable wine brought to the picnic. -/- Though attributions of normative responsibilities are legion, such responsibilities have received surprisingly little philosophical attention compared to its normative relatives, obligations and reasons, and compared to retrospective responsibility. This chapter hopes to improve on this situation by taking on two main tasks. The first, attempted in section 1, is to spell out the general structure of normative responsibility, in particular the relation between normative responsibilities and corresponding obligations and demands. We suggest that normative responsibilities are constituted by normative requirements that the responsible agents care appropriately about how well things go in certain regards, and that obligations generally can be seen as straightforward upshots of requirements to care. -/- The second task, taken on in section 2, is to provide an overview of prominent sources of normative responsibility and its distribution among agents. Why would the children’s wellbeing be the parents’ responsibility? Why not the neighbor’s, or the state’s, or everyone’s? Here we discuss a range of possible sources, including agents’ abilities, costs involved in taking on the responsibility in question, retrospective responsibility for the situation, promises or contracts, and certain social relationships. (shrink)

More than ever, it is in vogue to argue that no norms either play a role in or directly follow from the theory of mental content. In this paper, I present an intuitive theory of intentionality (including a theory of mental content) on which norms are constitutive of the intentional properties of attitude and content in order to show that this trend is misguided. Although this theory of intentionality—the teleological theory of intentional representation—does involve a commitment to (...) representational norms, these norms are not problematic in the way critics have suggested they would be. In particular, these norms do not guide thinking by motivating intentional agents to (intentionally) accord with them; as a result, no obvious vicious regress threatens the theory. In the final section of this paper, I argue that accepting this teleological theory of intentionality need not commit one to thinking that intentionality is the product of natural selection. (shrink)

Here is a surprisingly neglected question in contemporary epistemology: what is it for an agent to believe that p in response to a normative reason for them to believe that p? On one style of answer, believing for the normative reason that q factors into believing that p in the light of the apparent reason that q, where one can be in that kind of state even if q is false, in conjunction with further independent conditions such as q’s being (...) a normative reason to believe that p. The primary objective of this paper is to demonstrate that that style of answer cannot be right, because we must conceive of believing for a normative reason as constitutively involving a kind of rationality-involving relation that can be instantiated at all only if there is a known fact on the scene, which the agent treats as a normative reason. A secondary objective, achieved along the way, is to demonstrate that in their Prime Time Errol Lord and Kurt Sylvan do not succeed in undermining the factoring picture in general, only a simple-minded version of it. (shrink)

Quine has been charged with eliminating the normative dimension from his naturalized epistemology. The aim of the paper is to look at the role of empathy in Quine's language learning situation, which in its simplest form is constituted by the parent-child relation. We will explore the normativity of the role of empathy thereof by exploiting the sociality of the language learning situation. Since the sociality of Quine's notion of empathy is implicit, to explore the normativity expression thereof, we will examine (...) the explicit sociality of Wittgenstein's language learning situation-also constituted in its simplest form by the master-novice relation-and the normative character of it. By explicating the normativity of the calibrating role of the master and of rule following generally, we will parse the social dimensions of the empathizing role of the linguist in Quine's language learning situation. Finally, by examining the nature of normativity in empathizing, we will establish that the normativity of empathizing involved in Quine's language learning situation is socially grounded without denying its individual dimension. We will conclude that the normativity objection against Quine's naturalism thus stands refuted. (shrink)

The intentionality of virtually all thought that is distinctive of human beings is linguistically based and constitutively normative. As Robert Brandom claims in Making It Explicit, this normativity is best understood as having roots in social practice. But Brandom is wrong to insist that all intentionality is normative (thus denying intentionality to nonhuman, nonlinguistic animals). For even the simple social practices that ground the most primate norms presuppose robust nonnormative intentionality. Furthermore, Brandom’s appeal to perception to supplement his informal (...) semantics with a view to avoiding complete indeterminacy of linguistic meaning is either ineffective or arbitrary and unjustified unless perceptual states are recognized as having nonnormative intentional contents that go way beyond the mere differential responsiveness which he allows them. (shrink)

We argue that stereotypes associated with concepts like he-said–she-said, conspiracy theory, sexual harassment, and those expressed by paradigmatic slurs provide “normative inference tickets”: conceptual permissions to automatic, largely unreflective normative conclusions. These “mental shortcuts” are underwritten by associated stereotypes. Because stereotypes admit of exceptions, normative inference tickets are highly flexible and productive, but also liable to create serious epistemic and moral harms. Epistemically, many are unreliable, yielding false beliefs which resist counterexample; morally, many perpetuate bigotry and oppression. Still, some normative (...) inference tickets, like some activated by sexual harassment, constitute genuine moral and hermeneutical advances. For example, our framework helps explain Miranda Fricker’s notion of “hermeneutical lacunae”: what early victims of “sexual harassment” — as well as their harassers — lacked before the term was coined was a communal normative inference ticket — one that could take us, collectively, from “this is happening” to “this is wrong.”. (shrink)

The requirements of rationality are fundamental in practical and theoretical philosophy. Nonetheless, there exists no correct account of what constitutes rational requirements. This paper attempts to provide a correct constitutive account of ‘rationality requires’. I argue that rational requirements are grounded in ‘necessary explanations of subjective incoherence’, as I shall put it. Rationality requires of you to X if and only if your rational capacities, in conjunction with the fact that you not-X, explain necessarily why you have a non-maximal (...) degree of subjective coherence. (shrink)

I suggest that the post-Hegelian tradition presents us with three contrasting normative models of work. According to the first model, the core norms of work are those of means-ends rationality. In this model, the modern world of work is constitutively a matter of deploying the most effective means to bring about given ends. The rational kernel of modern work, the core norm that has shaped its development, is on this view instrumental reason, and this very same normative core, in (...) the shape of advanced technology and more efficient, time-saving production, can help to liberate it. The second model, by contrast, takes the core norms of work to be internal to working activity. Rather than work gaining its normativity from something external to it, from ends to which the work is a contingent means, on this second view the core norms of work are expressions of values or meanings that are immanent to working practices themselves. The expressive model of work regards the actual world of work to be constituted historically by work-specific norms, norms which working subjects themselves have invoked and mobilised around in the course of their struggles for emancipation. According to the third model, the core norms of work have to do neither with instrumental rationality nor authentic self-expression. Rather they concern norms that relate either to individual achievement or contribution through work (in the form of esteem) or to the conditions that must in place for individuals to participate in the exchange of services by which market societies reproduce themselves (in the form of mutual respect). (shrink)

ABSTRACT: A traditional objection to inferentialism states that not all inferences can be meaning-constitutive and therefore inferentialism has to comprise an analytic-synthetic distinction. As a response, Peregrin argues that meaning is a matter of inferential rules and only the subset of all the valid inferences for which there is a widely shared corrective behaviour corresponds to rules and so determines meaning. Unfortunately, Peregrin does not discuss what counts as “widely shared”. In the paper, I argue for an empirical plausibility (...) of Peregrin’s proposal. The aim of the paper is to show that we can find examples of meaning-constitutive linguistic action, which sustain Peregrin’s response. The idea is supported by examples of meaning modulation. If Peregrin is right, then we should be able to find specific meaning modulations in which a new meaning is publicly available and modulated in such a way that it has a potential to be widely shared. I believe that binding modulations – a specific type of meaning modulations – satisfy this condition. (shrink)

According to a view I’ll call Epistemic Normativism, knowledge is normative in the same sense in which paradigmatically normative properties like justification are normative. This paper argues against EN in two stages and defends a positive non-normativist alternative. After clarifying the target in §1, I consider in §2 some arguments for EN from the premise that knowledge entails justification. I first raise some worries about inferring constitution from entailment. I then rehearse the reasons why some epistemologists reject the Entailment Thesis (...) and argue that a non-normativist picture provides the best explanation of all the intuitions surrounding this thesis, favorable and unfavorable. On this picture, human knowledge is a structured non-normative complex that has as one of its parts a justification-making property, analogous in role to good-making properties like pleasurableness. After giving three arguments against EN in §3 and answering an objection in §4, I turn in §5 to further develop the positive view sketched in §2. In §6, I take stock and conclude. (shrink)

Food behaviors, both private and public, are deeply affected by gender norms concerning both masculinity and femininity. In some ways, food-centered activities constitute gender relations and identities across cultures. This entry provides a non-exhaustive overview of how gender norms bear on food behaviors broadly construed, focusing on three categories: food production, food preparation, and food consumption.

Doxastic normativism is the thesis that norms are constitutive of or essential to belief, such that no mental state not subject to those norms counts as a belief. A common normativist view is that belief is essentially governed by a norm of truth. According to Krister Bykvist and Anandi Hattiangadi, truth norms for belief cannot be formulated without unpalatable consequences: they are either false or they impose unsatisfiable requirements on believers. I propose that we construe the (...) fundamental norm of belief as a knowledge norm, rather than a truth norm. I argue that a specific kind of knowledge norm—one that has a subject's obligation to believe that p depend on her being in a position to know that p—might avoid the well-known formulation problems with truth norms. (shrink)

Whether and to what extent Ernst Cassirer’s philosophy of culture contains a normative element for the proper evaluation of symbolic forms is a central question in Cassirer interpretation. In this paper, my aim is to specify the nature of this normative element. I not only assert the existence of a real normative dimension in the philosophy of culture, but also specify the nature of its main element: the concept of freedom. The concept of freedom in Cassirer is by no means (...) an explicit facet of his systematic thought. However, this does not indicate that this is not an important part of his system. Rather, it might mean that Cassirer either thought it so basic he didn’t need to explicate it or he thought that it would be made clear through his exposition of symbolic forms. I will proceed by arguing for a “normative space” in Cassirer’s philosophy of culture. By “normative space” I mean a certain limitation to the philosophy of culture that makes room for the free act of the cultural agent for which she is responsible. In other words, by “normative space” I mean to suggest that Cassirer meant to leave room, and a prominent seat, for the normative element in the philosophy of culture. After establishing this, I will suggest that this normative task in the philosophy of culture is, from a first-person perspective, inevitably connected to the descriptive task, but from a third-person perspective, conceptually distinct. I will then move to better define what I take to be the main value of the normative task: freedom. The freedom that Cassirer defends is an ethical conception understood as both a constitutive norm for cultural action and a regulative ideal for the evaluation of cultural objects. Understanding freedom in this way allows us to conceive of it both as a fundamental phenomenon and an evaluative standard. (shrink)

Recently, some philosophers have suggested that a form of robust realism about ethics, or normativity more generally, does not face a significant explanatory burden in metaphysics. I call this view metaphysically quietist normative realism . This paper argues that while this view can appear to constitute an attractive alternative to more traditional forms of normative realism, it cannot deliver on this promise. I examine Scanlon’s attempt to defend such a quietist realism, and argue that rather than silencing metaphysical questions about (...) normative reasons, his defense at best succeeds only in shifting the focus of metaphysical enquiry. I then set aside the details of Scanlon’s view, and argue on general grounds that that the quietist realist cannot finesse a crucial metanormative task: to explain the contrast between the correct normative system and alternative putatively normative standards. (shrink)

The question whether a constitutive linguistic norm can be prescriptive is central to the debate on the normativity of meaning. Recently, the author has attempted to defend an affirmative answer, pointing to how speakers sporadically invoke constitutive linguistic norms in the service of linguistic calibration. Such invocations are clearly prescriptive. However, they are only appropriate if the invoked norms are applicable to the addressed speaker. But that can only be the case if the speaker herself generally (...) accepts them. This qualification has led critics to argue that if an addressed speaker’s acceptance is a necessary condition for legitimate prescriptions (and reproach for failure to adhere to them), then the account becomes unable to underwrite actual normativity. Moreover, critics argue, a danger of vicious circularity arises from the calibration account. This paper shows that once a vantage point within the calibration practice is accepted, the criticisms lose their force. It then explores why a theorist might reject such a perspective and suggests, as a plausible candidate, implicit Humean assumptions about the proper explanation of (linguistic) action. The paper ends by sketching a way forward for the debate on the normativity of meaning in light of this diagnosis. (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)

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)

The first part of the article examines some recent studies on the early development of social norms that examine young children’s understanding of codified rule games. It is argued that the constitutive rules than define the games cannot be identified with social norms and therefore the studies provide limited evidence about socio-normative development. The second part reviews data on children’s play in natural settings that show that children do not understand norms as codified or rules of (...) obligation, and that the norms that guide social interaction are dynamic, situated, and heterogeneous. It is argued that normativity is intersubjective and negotiable and starts to develop in the first year, emerging as a practical skill that depends on participatory engagement. Three sources of compliance are discussed: emotional engagement, nonverbal agreement, and conversation. (shrink)

Cathy Mason (2020) argues – against my position in Phelan (2019) – that significant norm-manipulation is unnecessary for friendship. Instead, she holds that norm manipulation is a, perhaps omnipresent, causal result of the very feature I deny as necessary to friendship: mutual caring or love. Mason’s counter-examples allow for further explication of the norm-manipulation view of friendship. However, they do not constitute a compelling challenge to that view, because they do not seem to involve collaborative norm manipulation at all. Instead, (...) they are better described as cases in which people come to be subject to established cultural norms they were not previously subject to, because they voluntarily come to fall under a distinctive relationship relative to one another. (shrink)

n this paper, I analyse Rahel Jaeggi’s socio-ontological account of forms of life. I show that her framework is a two-sided one, since it involves an understanding of forms of life both as inert bundles of practices and as having a normative structure. Here I argue that this approach is based on an a priori argument which assumes normativity as the condition of intelligibility of social criticism. I show that the intimate tension between these two sides is reflected in the (...) socio-ontological model of the constitution of social phenomena, which on the one side is understood in terms of habituation and materialization, and on the other side in terms of constitution through norms. The second side in the end prevails and leads to some sort of normative essentialism which involves a prescriptive meta-theoretical understanding of normativity combined with a socio-ontological model of constitutive rules. I then analyse two arguments that Jaeggi offers in support of her assumption that normative constitution is the deep structure of social practices. I name these the functional- teleological argument, and the crisis developmental argument, and argue that neither succeeds in proving that practices are not normatively underdetermined. (shrink)

Why should anyone be bound by cognitive norms, such as the norms of reason or mathematics? To become a mathematician is to learn to obey the norms of the mathematical community. A self becomes intentional by binding itself to communal norms. Only then can it have the freedom to think or make assertions about the community’s objects -- triangles or imaginary numbers, for example. Norms do not bind selves from the outside: being bound by (...) class='Hi'>norms is what constitutes a self. (shrink)

In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the "common understanding" and that which is "natural to say" (Burrage v. United States) when it comes to expressions relating to causation, and frequently refuse to clarify the expression to juries. As recent work in psychology and experimental philosophy has uncovered, lay attributions of causation are susceptible to a great number (...) of unexpected factors, some of which seem rather peripheral to causation. One of those is the norm effect (Knobe & Fraser, 2008): Agents who, in acting as they do, break a salient norm, are more likely to be considered as having caused a certain consequence than when they do not violate a norm. According to some (e.g., Alicke, 1992) this constitutes a bias. According to others (e.g., Sytsma, 2020), the folk concept of causation is sensitive to normative factors, and there’s nothing wrong with that. In this paper, we explore the question whether the norm effect should be considered a bias from the legal perspective on the one hand, and from the psychological perspective on the other. To do this, we test whether norms which are nonpertinent to the consequences or outright silly also impact causation judgements. The data from two preregistered experiments (total N=593) clearly show they do. This, we argue, makes the bias interpretation plausible from the psychological perspective, and both plausible and problematic from the legal perspective. It also shows that the law should abstain from unreflectively assuming conceptual correspondence between legal and ordinary language concepts. (shrink)

This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...) years earlier for two murders. Delling never had the opportunity to plead the insanity defense because his home state, Idaho, had abolished it in 1982. -/- By depriving Delling of the right to plead insanity, Idaho violated Delling’s Fourteenth Amendment right to due process and his Eighth Amendment right against “cruel and unusual” punishment. Naturally, the same is true for many other mentally ill and disabled defendants who have been prosecuted in Idaho and in the other three states that have abolished the insanity defense: Kansas, Montana, and Utah. -/- The second general part of this Article notes an insight that I stumbled upon in the course of researching the first part: the insanity defense and the mistake of law defense both require ignorance of the law, what I refer to as “normative ignorance.” Indeed, normative ignorance is what makes both of these defenses exculpatory in the first place. -/- Given this critical connection, there is a way for Idaho, Kansas, Montana, and Utah to resume compliance with the Constitution. Instead of reinstating the insanity defense per se, which might be politically unpopular, they should just broaden their mistake of law defense to include normative ignorance caused by cognitive incapacity that is itself caused by mental illness or disability. -/- Still, this Article is not merely directed at these four western states. It is directed at the other forty-six states as well. Because they already have an insanity defense, they need not incorporate it into their mistake of law defense. But in the third general part, I will argue that they should still expand their mistake of law defense to cover defendants who either lack a reasonable opportunity to learn the law or reasonably but mistakenly infer from widely accepted norms or ethics that their conduct is lawful. (shrink)

This paper concerns the conditions under which realism is an artistic merit in perceptual narratives, and its consequences for the practice of non-traditional casting. Perceptual narratives are narrative representations that perceptually represent at least some of their contents, and include works of film, television, theatre and opera. On certain construals of the conditions under which realism is an artistic merit in such works, non-traditional casting, however morally merited, is often artistically flawed. I defend an alternative view of the conditions under (...) which realism is an artistic merit in perceptual narratives. I identify the two forms of realism at issue in debates about the artistic merits of non-traditional casting, and identify the artistic norms that determine the conditions under which each constitutes an artistic merit. I argue that, independently of the relation between moral merits and artistic merits, non-traditional casting violates these norms less often than is sometimes assumed. Moreover, in certain circumstances, non-traditional casting affects realism in artistically meritorious ways. I conclude by considering the implications of my view for the practice of whitewashing. (shrink)

Public health is concerned with increasing the health of the community at whole. Insofar as health is a ‘good’ and the community constitutes a ‘public’, public health by definition promotes a ‘public good’. But ‘public good’ has a particular and much more narrow meaning in the economics literature, and some commentators have tried to limit the scope of public health to this more narrow meaning of a ‘public good’. While such a move makes the content of public health less controversial, (...) it also strips important goals from the realm of public health, goals that traditionally have been, and morally should be, a part of it. Instead, I will argue, while public health should be defined by public goods, it should be defined by a broader conception of public goods that I shall call ‘normative public goods’, goods that ought to be treated as if they were public goods in the more narrow sense. (shrink)

How ought we to go about forming and revising our beliefs, arguing and debating our reasons, and investigating our world? If those questions constitute normative epistemology, then I am interested here in normative metaepistemology: the investigation into how we ought to go about forming and revising our beliefs about how we ought to go about forming and revising our beliefs -- how we ought to argue about how we ought to argue. Such investigations have become urgent of late, for the (...) methodology of epistemology has reached something of a crisis. For analytic epistemology of the last half-century has relied overwhelmingly on intuitions,1 and a growing set of arguments and data has begun to call this reliance on intuition seriously into question (e.g., Weinberg, Nichols, and Stich 2001; Nichols, Stich, and Weinberg 2003; Cummins 1998). Although that method has not been entirely without defenders (BonJour 1998; Bealer 1996; Jackson 1998; Sosa forthcoming; Weatherson 2003), these defenses have not generally risen to the specific challenges leveled by the anti-intuitionist critics. In particular, the critics have attacked specific ways of deploying intuitions, and the defenders have overwhelmingly responded with in-principle defenses of the cogency of appealing to intuition. An analogy here would be someone’s responding to arguments alleging systematic.. (shrink)

Recognizing inherent and inalienable nature of dignity and universality of certain values, the Constitution of the Republic of Poland, introduces to the foundations of Polish legal system some elements of natural law which may be used for application of the Basic Law. Constitutional recognition of these elements only makes sense on the assumption of their cognizability. Therefore, as an important element of constitutional concept of natural law is taken the recognition of the argument of cognitivism according to which moral assessments (...) may have the nature of judgments and truth qualification (they may be true or false). In the course of application of the constitution, norms of natural-law character and natural-law justification. Since dignity and the essence of freedoms and rights based on dignity are the only inviolable values recognized by the constitution, the arguments of natural law lead to a far-going reinterpretation of constitutional norms. The norm of natural law protecting inviolable values will have precedence in the event of collision with norms protecting other values, also with constitutional norms. Even if such a norm is formulated on the basis of the provisions of the constitution, in fact natural law is given higher rank than elements based only on enacted law. Despite that, reliability of a legally established order does not seem to be radically endangered. -/- Konstytucja RP uznając przyrodzoność i niezbywalność godności oraz uniwersalność niektórych wartości, wprowadza do podstaw całego polskiego systemu prawnego elementy prawnonaturalne, które mogą być wykorzystane w stosowaniu konstytucji. Konstytucyjne uznanie takich elementów ma sens przy założeniu ich poznawalności, stąd istotnym elementem konstytucyjnej koncepcji prawa naturalnego jest uznanie tezy kognitywizmu głoszącej, że oceny moralne mogą mieć charakter sądów i kwalifikację prawdziwościową – mogą być prawdziwe lub fałszywe. W procesie stosowania konstytucji mogą być formułowane normy o charakterze prawnonaturalnym oraz uzasadnienia prawnonaturalne. Ponieważ jedynymi wartościami uznanymi w konstytucji za nienaruszalne jest godność oraz istota wolności i praw, których godność jest źródłem, argumentacja prawnonaturalna może prowadzić do daleko idącej reinterpretacji norm konstytucyjnych. Norma prawnonaturalna chroniąca warunki konieczne poszanowania godności lub istoty wolności i praw będzie miała pierwszeństwo w razie kolizji z normami chroniącymi inne wartości, także z normami konstytucyjnymi. Choć norma taka będzie formułowana na podstawie przepisów konstytucji, to jednak faktycznie prawo naturalne uzyskuje wyższą rangę od elementów opartych jedynie na stanowieniu. Mimo tego bezpieczeństwo prawne nie wydaje się być radykalnie zagrożone. O prawnonaturalnym charakterze normy i uzasadnienia decyduje oparcie w ocenach moralnych, które pretendują do bycia sądami, do bycia prawdziwymi lub fałszywymi. Z punktu widzenia stosowania konstytucji i wymogu intersubiektywnej komunikowalności i kontrolowalności dookreślania treści prawnonaturalnych, dla nadania ocenom charakteru sądów istotny jest kształt procedur i argumentacji prowadzących do tego dookreślenia. Powinny to być procedury i argumentacja typowe dla dyskursu mającego na celu sformułowanie prawdziwych sądów. Maksymalizowana powinna być dyskursywność takich procedur, a podstawą rozstrzygnięcia powinien być, jeśli to tylko możliwe, konsens. Nie mogą być uważane za rozstrzygające argumenty odwołujące się do woli indywidualnej lub zbiorowej, reakcji emocjonalnych, stopnia rozpowszechnienia danej oceny czy do tradycji kulturowej. (shrink)

(1) This paper is about how to build an account of the normativity of logic around the claim that logic is constitutive of thinking. I take the claim that logic is constitutive of thinking to mean that representational activity must tend to conform to logic to count as thinking. (2) I develop a natural line of thought about how to develop the constitutive position into an account of logical normativity by drawing on constitutivism in metaethics. (3) I (...) argue that, while this line of thought provides some insights, it is importantly incomplete, as it is unable to explain why we should think. I consider two attempts at rescuing the line of thought. The first, unsuccessful response is that it is self-defeating to ask why we ought to think. The second response is that we need to think. But this response secures normativity only if thinking has some connection to human flourishing. (4) I argue that thinking is necessary for human flourishing. Logic is normative because it is constitutive of this good. (5) I show that the resulting account deals nicely with problems that vex other accounts of logical normativity. (shrink)

A view inherited from Max Weber states that purposive rational action, value rational action and affective action are three distinct types of social action that can compete, oppose, complement or substitute each other in social explanations. Contrary to this statement, I will defend the view that these do not constitute three different types of social actions, but that social actions always seem to concurrently involve rationality, normativity and affectivity. I show this by discussing the links between rational actions and consequentialism (...) and non-consequentialism, and by elaborating on certain major relationships between rationality, normativity and emotions. (shrink)

This paper defends the epistemic account of the normativity of requests. The epistemic account says that a request does not create any reasons and thus does not have any special normative power. Rather, a request gives reasons by revealing information which is normatively relevant. I argue that compared to competing accounts of request normativity, especially those of David Enoch and James H.P. Lewis, the epistemic account gives better answers to cases of insincere requests, is simpler, and does a better job (...) incorporating the importance of relationships. I also defend the epistemic account from three objections: that requests are important because they constitute consent, that requests and wishes must be normatively different, and that some requests do not provide any new information. (shrink)

One of the pressing challenges we face today—in a post-Westphalian order and post-Bretton Woods world —is how to design the right kind of MAS that can take full advantage of the socio-economic and political progress made so far, while dealing successfully with the new global challenges that are undermining the best legacy of that very progress. This is the topic of the article. In it, I argue that in order to design the right kind of MAS, we need to design (...) the right kind of norms that constitute them; in order to design the right kind of constitutive norms, we need to identify and adopt the right kind of principles of normative design; toleration is one of those principles; unfortunately, its role as a foundation for the design of norms has been undermined by the “paradox of toleration”; however, the paradox can be solved; so toleration can be re-instated as the right kind of foundational principle for the design of the right kind of norms that can constitute the right kind of MAS that can operate across cultures, societies and states, to help us to tackle the new global challenges facing us. (shrink)

Legal norms are an invention. This paper advances a proposal about what kind of invention they are. The proposal is that legal norms derive from rules which specify role functions in a legal system. Legal rules attach to agents in virtue of their status within the system in which the rules operate. The point of legal rules or a legal system is to solve to large scale coordination problems, specifically the problem of organizing social and economic life among (...) a group of people and their successors, though not every legal rule pertains to a coordination problem. The framework for thinking about legal norms that I describe is a framework for thinking about institutions and policies more generally. The idea is to show that legal norms are a species of institutional norm. There are two central ideas. The first is the idea of a role in an institution. The second is the idea of proxy agency. Proxy agency involves one agent or group acting under the authorization of another agent or group (perhaps subsuming it) in a way that makes the actions of the proxy count as actions (under a description) of the individual or group for which it is a proxy. We get the characteristic structure of a legal system by conceiving of an institutional group, itself conceived of as a set of interlocking roles realized in individuals, as having one or more roles for proxy agents who are authorized by the group to make policy for the group. The set of rules governing the basic constitution of the group and spelling out the powers of the policy proxies determine fundamental norms for the group with specific role responsibilities attaching to particular positions in institutional arrangements. The policies determine further norms whose force derives from the fundamental norms. We must then say some further things to distinguish institutions and policies which we wish to designate as legal. (shrink)

We analyze some normative relations as instances of a general schema of relations among a finite number of parties; in this schema parties can play various roles grouped into two main conceptual layers, called 'subject position' and 'object position'. Relying on the theoretical apparatus introduced, we develop a new symbolic representation for normative reasoning which constitutes an alternative to approaches available in the literature. Our contribution includes a semantic characterization for a series of logical systems built over the proposed framework.