to appear in Lambert, E. and J. Schwenkler (eds.) Transformative Experience (OUP) -/- L. A. Paul (2014, 2015) argues that the possibility of epistemically transformative experiences poses serious and novel problems for the orthodox theory of rational choice, namely, expected utility theory — I call her argument the Utility Ignorance Objection. In a pair of earlier papers, I responded to Paul’s challenge (Pettigrew 2015, 2016), and a number of other philosophers have responded in similar ways (Dougherty, et al. 2015, Harman (...) 2015) — I call our argument the Fine-Graining Response. Paul has her own reply to this response, which we might call the Authenticity Reply. But Sarah Moss has recently offered an alternative reply to the Fine-Graining Response on Paul’s behalf (Moss 2017) — we’ll call it the No Knowledge Reply. This appeals to the knowledge norm of action, together with Moss’ novel and intriguing account of probabilistic knowledge. In this paper, I consider Moss’ reply and argue that it fails. I argue first that it fails as a reply made on Paul’s behalf, since it forces us to abandon many of the features of Paul’s challenge that make it distinctive and with which Paul herself is particularly concerned. Then I argue that it fails as a reply independent of its fidelity to Paul’s intentions. (shrink)

Here I advance a unified account of the structure of the epistemic normativity of assertion, action, and belief. According to my Teleological Account, all of these are epistemically successful just in case they fulfill the primary aim of knowledgeability, an aim which in turn generates a host of secondary epistemic norms. The central features of the Teleological Account are these: it is compact in its reliance on a single central explanatory posit, knowledge-centered in its insistence that knowledge (...) sets the fundamental epistemic norm, and yet fiercely pluralistic in its acknowledgment of the legitimacy and value of a rich range of epistemic norms distinct from knowledge. Largely in virtue of this pluralist character, I argue, the Teleological Account is far superior to extant knowledge-centered accounts. (shrink)

Abstract: Might knowledge normatively govern conversations and not just their discrete constituent thoughts and (assertoric) actions? I answer yes, at least for a restricted class of conversations I call aimed conversations. On the view defended here, aimed conversations are governed by participatory know-how - viz., knowledge how to do what each interlocutor to the conversation shares a participatory intention to do by means of that conversation. In the specific case of conversations that are in the service of joint (...) inquiry, the view defended is that interlocutors (A, B, ... n) must intentionally inquire together into whether p, by means of an aimed conversation X, only if A,B, ... n know how to use X to find out together whether p. The view is supported by considerations about instrumental rationality, shared intentionality, the epistemology of intentional action, as well as linguistic data. (shrink)

I provide an opinionated overview of the literature on the relationship of contextualism to knowledge norms for action, assertion, and belief. I point out that contextualists about ‘knows’ are precluded from accepting the simplest versions of knowledge norms; they must, if they are to accept knowledge norms at all, accept “relativized” versions of them. I survey arguments from knowledge norms both for and against contextualism, tentatively concluding that commitment to knowledge norms does not conclusively (...) win the day either for contextualism or for its rivals. But I also suggest that an antecedent commitment to contextualism about normative terms may provide grounds for suspicion about knowledge norms, and a debunking explanation of some of the data offered in favor of such norms. (shrink)

If there is pragmatic encroachment in epistemology, whether a person knows that p can vary with normative facts about her actions—including facts that do not bear on the truth or likelihood of p. This paper raises an underappreciated question for defenders of pragmatic encroachment: which of the many norms on action are distinctively connected to knowledge? To the extent that contemporary defenders of pragmatic encroachment address this question, they do so by citing norms of ‘practical rationality.’ I show (...) that this approach can only be made to work on the assumption that all immorality involves some form of incoherence. I then suggest a pluralist strategy for pragmatic encroachers who seek to answer my question without making this heavyweight metaethical assumption: they should agree that multiple distinct norms on action play a difference-making role in epistemology. I close the paper by sketching three ways in which pragmatic encroachers might pursue this strategy. (shrink)

In this paper, I argue against recent versions of justification norms of action and practical deliberation . I demonstrate that these norms yield unacceptable results in deception cases. However, a further modification of justification norms in the light of these results appears to be ad hoc. Hence, I claim, we should reject justification norms of action and practical deliberation.

A growing number of epistemologists have endorsed the Ignorance Norm for Inquiry. Roughly, this norm says that one should not inquire into a question unless one is ignorant of its answer. I argue that, in addition to ignorance, proper inquiry requires a certain kind of knowledge. Roughly, one should not inquire into a question unless one knows it has a true answer. I call this the Knowledge Norm for Inquiry. Proper inquiry walks a fine line, (...) holding knowledge that there is an answer in the left hand and ignorance of the answer in the right. (shrink)

Philosophical investigation in synthetic biology has focused on the knowledge-seeking questions pursued, the kind of engineering techniques used, and on the ethical impact of the products produced. However, little work has been done to investigate the processes by which these epistemological, metaphysical, and ethical forms of inquiry arise in the course of synthetic biology research. An attempt at this work relying on a particular area of synthetic biology will be the aim of this chapter. I focus on the reengineering (...) of metabolic pathways through the manipulation and construction of small DNA-based devices and systems synthetic biology. Rather than focusing on the engineered products or ethical principles that result, I will investigate the processes by which these arise. As such, the attention will be directed to the activities of practitioners, their manipulation of tools, and the use they make of techniques to construct new metabolic devices. Using a science-in-practice approach, I investigate problems at the intersection of science, philosophy of science, and sociology of science. I consider how practitioners within this area of synthetic biology reconfigure biological understanding and ethical categories through active modelling and manipulation of known functional parts, biological pathways for use in the design of microbial machines to solve problems in medicine, technology, and the environment. We might describe this kind of problem-solving as relying on what Helen Longino referred to as “social cognition” or the type of scientific work done within what Hasok Chang calls “systems of practice”. My aim in this chapter will be to investigate the relationship that holds between systems of practice within metabolic engineering research and social cognition. I will attempt to show how knowledge and normative valuation are generated from this particular network of practitioners. In doing so, I suggest that the social nature of scientific inquiry is ineliminable to both knowledge acquisition and ethical evaluations. (shrink)

It is a widely shared intuition that there is a close connection between knowledge-how and intentional action. In this paper, I explore one aspect of this connection: the normative connection between intending to do something and knowing how to do it. I argue for a norm connecting knowledge-how and intending in a way that parallels the knowledge norms of assertion, belief, and practical reasoning, which I call the knowledge-how norm of Intention. I argue (...) that this norm can appeal to support from arguments which parallel those for other epistemic norms, that it can deal with a number of prima facie problem cases, and that alternative conditions in a norm on intention are implausible. (shrink)

According to one interpretation of Aristotle’s famous thesis, to say that action is the conclusion of practical reasoning is to say that action is itself a judgment about what to do. A central motivation for the thesis is that it suggests a path for understanding the non-observational character of practical knowledge. If actions are judgments, then whatever explains an agent’s knowledge of the relevant judgment can explain her knowledge of the action. I call the (...) approach to action that accepts Aristotle’s thesis so understood Normativism. There are many reasons to doubt Normativism. My aim in this paper is to defend Normativism from a pair of arguments that purport to show that a normative judgment could not constitute an event in material reality and also the knowledge of such a happening. Both highlight a putative mismatch between the natures of, on the one hand, an agent’s knowledge of her normative judgment and, on the other, her knowledge of her own action. According to these objections, knowledge of action includes (a) perceptual knowledge and (b) knowledge of what one has already done. But knowledge of a normative judgment includes neither. Hence knowledge of action cannot simply be knowledge of a normative judgment. (shrink)

It has been argued recently that knowledge is the norm of practical reasoning. This norm can be formulated as a bi-conditional: it is appropriate to treat p as a reason for acting if and only if you know that p. Other proposals replace knowledge with warranted or justified belief. This paper gives counter-examples of both directions of any such bi-conditional. To the left-to-right direction: scientists can appropriately treat as reasons for action propositions of a theory (...) they believe to be false but good approximations to the truth for present purposes. Cases based on a variant of Pascal’s Wager and actions performed by a skeptic also illustrate the point. To the right-to-left direction: in certain circumstances, it can be unreasonable for a scientist to reason from propositions of a theory she knows to be true. (shrink)

Several philosophers have proposed Knowledge-Based Decision Theories (KDTs)—theories that require agents to maximize expected utility as yielded by utility and probability functions that depend on the agent’s knowledge. Proponents of KDTs argue that such theories are motivated by Knowledge-Reasons norms that require agents to act only on reasons that they know. However, no formal derivation of KDTs from Knowledge-Reasons norms has been suggested, and it is not clear how such norms justify the particular ways in which (...) KDTs relate knowledge and rational action. In this paper, I suggest a new axiomatic method for justifying KDTs and providing them with stronger normative foundations. I argue that such theories may be derived from constraints on the relation between knowledge and preference, and that these constraints may be evaluated relative to intuitions regarding practical reasoning. To demonstrate this, I offer a representation theorem for a KDT proposed by Hawthorne and Stanley (2008) and briefly evaluate it through its underlying axioms. -/- In section 1, I present knowledge-based decision theories generally and the versions of such theories suggested in the literature. In section 2, I argue that KDTs and theories of practical reasoning conjoined with Knowledge-Reasons norms generate constraints on the same relation—the relation between knowledge and preference. In section 3, I present a formal framework in which constraints on this relation may be expressed and from which KDTs may be derived. In section 4, I present a representation theorem for a specific KDT. In section 5, I briefly evaluate the axioms of the theory, and in section 6, I conclude. (shrink)

Why does knowledge matter? Two answers have been influential in the recent literature. One is that it has value: knowledge is one of the goods. Another is that it plays a significant normative role: knowledge is the norm of action, belief, assertion, or the like. This paper discusses whether one can derive one of the claims from the other. That is, whether assuming the idea that knowledge has value — and some defensible general hypotheses (...) about norms and values —, we could derive the claim that it plays the alleged normative role. Or whether, assuming that knowledge does play that role — and some defensible general hypotheses —, we could derive the claim that it has value. It argues that the route from Value to Norms is unsuccessful. The main problem here is that the idea that knowledge has value does not seem enough to derive the idea that one should act on what one knows. It finds the route from Norms to Value more promising, though a complete path is missing. The main idea here is that knowledge is good because it is normatively required to do good things, such as believing the truth and acting in view of true propositions. But since not all normative conditions for doing something good is itself good, we still lack an explanation of why knowledge would be so. The paper finally suggests an alternative perspective, on which we do not try to derive the idea that knowledge has value from its normative role, but rather use its normative role to explain away the idea that it has value. (shrink)

Just as bodily actions are things you do with your body, mental actions are things you do with your mind. Both are different from things that merely happen to you. Where does the idea of mental action come from? What are mental actions? And why do they matter in philosophy? These are the three main questions answered in this paper. Section 1 introduces mental action through a brief history of the topic in philosophy. Section 2 explains what it (...) is to be a mental action in terms of intentional action. Section 3 argues that the fact that we can perform mental actions has some striking consequences concerning mental content. Section 4 shows how mental action helps to explain some important facts about self-knowledge and the normativity of thought. The conclusion mentions two further fruitful avenues for philosophical research on mental action. (shrink)

The paper investigates what type of motivation can be given for adopting a knowledge-based decision theory. KBDT seems to have several advantages over competing theories of rationality. It is commonly argued that this theory would naturally fit with the intuitive idea that being rational is doing what we take to be best given what we know, an idea often supported by appeal to ordinary folk appraisals. Moreover, KBDT seems to strike a perfect balance between the problematic extremes of subjectivist (...) and objectivist decision theory. We argue that these alleged advantages do not stand up to a closer scrutiny: KBDT inherits the same kinds of problems as alternative decision theoretic frameworks but doesn’t retain any of the respective advantages. Moreover, differently from other knowledge-action principles advanced in the literature, KBDT cannot fully explain the intuitive connections between knowledge and rational action. We conclude that the most serious challenge for knowledge-based decision theorists is to provide a substantive rationale for the adoption of such a view. (shrink)

In this paper I consider the prospects for an epistemic norm which relates knowledge-how to showing in a way that parallels the knowledge norm of assertion. In the first part of the paper I show that this epistemic norm can be motivated by conversational evidence, and that it fits in with a plausible picture of the function of knowledge. In the second part of the paper I present a dilemma for this norm. If (...) we understand showing in a broad sense as a general kind of skill teaching, then the norm faces counterexamples of teachers who know how to teach, but not to do. On the other hand, it we understand showing more narrowly as involving only teaching by doing the relevant activity, then the data which initially supported the norm can be explained away by more general connections between knowledge-how and intentional action. (shrink)

According to the extended knowledge account of assertion, we should only assert and act on what we know. Call this the ‘Knowledge Norm’. Because moral and prudential rules prohibit morally and prudentially unacceptable actions and assertions, they can, familiarly, override the Knowledge Norm. This, however, raises the question of whether other epistemic norms, too, can override the Knowledge Norm. The present chapter offers an affirmative answer to this question and then argues that the (...) Knowledge Norm is derived from a more fundamental norm that demands that we do not hinder intellectual flourishing. As the fundamental epistemic norm can come into conflict with the Knowledge Norm, it is sometimes permissible to assert and act on what we don’t know. The chapter concludes with a discussion of the consequences of this insight for the extended knowledge account of assertion. (shrink)

Since the publication of Timothy Williamson’s Knowledge and its Limits, knowledge-first epistemology has become increasingly influential within epistemology. This paper discusses the viability of the knowledge-first program. The paper has two main parts. In the first part, I briefly present knowledge-first epistemology as well as several big picture reasons for concern about this program. While this considerations are pressing, I concede, however, that they are not conclusive. To determine the viability of knowledge-first epistemology will require (...) philosophers to carefully evaluate the individual theses endorsed by knowledge-first epistemologists as well as to compare it with alternative packages of views. In the second part of the paper, I contribute to this evaluation by considering a specific thesis endorsed by many knowledge-first epistemologists – the knowledge norm of assertion. According to this norm, roughly speaking, one should assert that p only if one knows that p. I present and motivate this thesis. I then turn to a familiar concern with the norm: In many cases, it is intuitively appropriate for someone who has a strongly justified belief that p, but who doesn't know that p, to assert that p. Proponents of the knowledge norm of assertion typically explain away our judgments about such cases by arguing that the relevant assertion is improper but that the subject has an excuse and is therefore not blameworthy for making the assertion. I argue that that this response does not work. In many of the problem cases, it is not merely that the subject’s assertion is blameless. Rather, the subject positively ought to make the assertion. Appealing to an excuse cannot be used to adequately explain this fact. (Nor can we explain this fact by appealing to some other, quite different, consideration.) Finally, I conclude by briefly considering whether we should replace the knowledge norm of assertion with an alternative norm. I argue that the most plausible view is that there is no norm specifically tied to assertion. (shrink)

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)

You omega know something when you know it, and know that you know it, and know that you know that you know it, and so on. This paper first argues that omega knowledge matters, in the sense that it is required for rational assertion, action, inquiry, and belief. The paper argues that existing accounts of omega knowledge face major challenges. One account is skeptical, claiming that we have no omega knowledge of any ordinary claims about the (...) world. Another account embraces the KK thesis, and identifies knowledge with omega knowledge. This position faces counterexamples, and struggles to make sense of inexact knowledge. The paper then develops a new account of knowledge, by proposing the principle of Reflective Luminosity: if you know that you know something, then you omega know it. I argue that Reflective Luminosity allows for omega knowledge while avoiding the problems for KK. (shrink)

It is widely held that there is a distinctive norm of assertion. A plausible idea is that there is an analogous, perhaps weaker, norm for indirect communication via implicatures. I argue against this type of proposal. My claim is that the norm of assertion is a social norm governing public updates to the conversational record. Off the record implicatures are not subject to social norms of this type. I grant that, as happens in general with intentional (...) actions, off the record communicative acts may be subject to normative assessments on different levels (for instance, regarding their moral or prudential appropriateness). However, such assessments do not generate distinctive norms that apply to all cases of implicature. (shrink)

Julian Schlöder (2018) examines Timothy Williamson's proposal that knowledge is the norm of assertion within the context of deontic logic. He argues for two claims, one concerning the formalisation of the thesis that knowledge is a norm of assertion and another concerning the formalisation of the thesis that knowledge is the only norm of assertion. On the basis of these claims, Schlöder goes on to raise a series of problems for Williamson's proposal. In response, (...) I argue that both of Schlöder's claims can—and should—be rejected. (shrink)

Most contemporary action theorists deny the possible existence of intentionally evil actions or diabolic agency. The reason for this is a normative interpretation of agency that appears to be motivated by action theoretic concerns, where agents are conceived as necessarily acting sub specie bonie or under ‘the guise of the good’. I argue that there is nothing in human agency to motivate this view and that diabolic evil is not at odds with inherent features of our nature.

Epistemologists have become increasingly interested in the practical role of knowledge. One prominent principle, which I call PREMISE, states that if you know that p, then you are justified in using p as a premise in your reasoning. In response, a number of critics have proposed a variety of counter-examples. In order to evaluate these problem cases, we need to consider the broader context in which this principle is situated by specifying in greater detail the types of activity that (...) the principle governs. I argue that if PREMISE is interpreted as governing deductive reasoning, then the examples lose their force. In addition, I consider the cases, discussed by Keith DeRose, where the subject is in more than one practical context at the same time. In order to account for these latter cases, we need to further specify the scope of PREMISE. I distinguish two ways of understanding PREMISE, as a knowledge-action principle and as a knowledge-deliberation principle. I conclude by arguing for the knowledge-deliberation version of the principle and by exploring what this principle says about the practical role of knowledge. (shrink)

I argue for the Wittgensteinian thesis that mathematical statements are expressions of norms, rather than descriptions of the world. An expression of a norm is a statement like a promise or a New Year's resolution, which says that someone is committed or entitled to a certain line of action. A expression of a norm is not a mere description of a regularity of human behavior, nor is it merely a descriptive statement which happens to entail a norms. (...) The view can be thought of as a sort of logicism for the logical expressivist---a person who believes that the purpose of logical language is to make explicit commitments and entitlements that are implicit in ordinary practice. The thesis that mathematical statements are expression of norms is a kind of logicism, not because it says that mathematics can be reduced to logic, but because it says that mathematical statements play the same role as logical statements. ;I contrast my position with two sets of views, an empiricist view, which says that mathematical knowledge is acquired and justified through experience, and a cluster of nativist and apriorist views, which say that mathematical knowledge is either hardwired into the human brain, or justified a priori, or both. To develop the empiricist view, I look at the work of Kitcher and Mill, arguing that although their ideas can withstand the criticisms brought against empiricism by Frege and others, they cannot reply to a version of the critique brought by Wittgenstein in the Remarks on the Foundations of Mathematics. To develop the nativist and apriorist views, I look at the work of contemporary developmental psychologists, like Gelman and Gallistel and Karen Wynn, as well as the work of philosophers who advocate the existence of a mathematical intuition, such as Kant, Husserl, and Parsons. After clarifying the definitions of "innate" and "a priori," I argue that the mechanisms proposed by the nativists cannot bring knowledge, and the existence of the mechanisms proposed by the apriorists is not supported by the arguments they give. (shrink)

We argue that any strong version of a knowledge condition on intentional action, the practical knowledge principle, on which knowledge of what I am doing (under some description: call it A-ing) is necessary for that A-ing to qualify as an intentional action, is false. Our argument involves a new kind of case, one that centers the agent’s control appropriately and thus improves upon Davidson’s well-known carbon copier case. After discussing this case, offering an initial argument (...) against the knowledge condition, and discussing recent treatments that cover nearby ground, we consider several objections. One we consider at some length maintains that although contemplative knowledge may be disconnected from intentional action, specifically practical knowledge of the sort Anscombe elucidated escapes our argument. We demonstrate that this is not so. Our argument illuminates an important truth, often overlooked in discussions of the knowledge-intentional action relationship: intentional action and knowledge have different levels of permissiveness regarding failure in similar circumstances. (shrink)

If a speaker selflessly asserts that p, the speaker has good evidence that p is true, asserts that p on the basis of that evidence, but does not believe that p. Selfless assertions are widely thought to be acceptable, and therefore to pose a threat to the Knowledge Norm of Assertion. Advocates for the Knowledge Norm tend to respond to this threat by arguing that there are no such things as selfless assertions. They argue that those (...) who appear to be selfless asserters either: believe what they assert, perform a speech act other than assertion, or assert a proposition other than the one that they seem to. I argue that such counterarguments are unsuccessful. There really are selfless assertions. But I also argue that they are no threat to the Knowledge Norm. There is a good case to be made that knowledge does not require belief. And if it does not, then the fact that some selfless assertions are appropriate does not tell against the Knowledge Norm. Indeed, I argue that selfless asserters know the propositions that they assert to be true. (shrink)

Recently a number of variously motivated epistemologists have argued that knowledge is closely tied to practical matters. On the one hand, radical pragmatic encroachment is the view that facts about whether an agent has knowledge depend on practical factors and this is coupled to the view that there is an important connection between knowledge and action. On the other hand, one can argue for the less radical thesis only that there is an important connection between (...) class='Hi'>knowledge and practical reasoning. So, defenders of both of these views endorse the view that knowledge is the norm of practical reasoning. This thesis has recently come under heavy fire and a number of weaker proposals have been defended. In this paper counter-examples to the knowledge norm of reasoning will be presented and it will be argued that this viewand a number of related but weaker viewscannot be sustained in the face of these counter-examples. The paper concludes with a novel proposal concerning the norm of practical reasoning that is immune to the counter-examples introduced here. (shrink)

Epistemic contextualism is widely believed to be incompatible with the recently popular view that knowledge is the norm of assertion, practical reasoning, or belief. I argue in this article that the problems arising for contextualism from the mentioned normative views are only apparent and can be resolved by acknowledging the fairly widespread phenomenon of non-obvious context-sensitivity (recently embraced by even some of contextualism's most ardent former critics). Building on recent insights about non-obvious context-sensitivity, the article outlines an independently (...) attractive contextualist account of the mentioned epistemic norms and provides a solution to the puzzles they give rise to in a contextualist framework. (shrink)

If a speaker selflessly asserts that p, the speaker (1) has good evidence that p is true, (2) asserts that p on the basis of that evidence, but (3) does not believe that p. Selfless assertions are widely thought to be acceptable, and therefore to pose a threat to the Knowledge Norm of Assertion. Advocates for the Knowledge Norm tend to respond to this threat by arguing that there are no such things as selfless assertions. They (...) argue that those who appear to be selfless asserters either: believe what they assert, perform a speech act other than assertion, or assert a proposition other than the one that they seem to. I argue that such counterarguments are unsuccessful. There really are selfless assertions. But I also argue that they are no threat to the Knowledge Norm. There is a good case to be made that knowledge does not require belief. And if it does not, then the fact that some selfless assertions are appropriate does not tell against the Knowledge Norm. Indeed, I argue that selfless asserters know the propositions that they assert to be true. (shrink)

When introduced around 1925, interdisciplinarity, grounded in the notion of the unity of knowledge, was meant to reconnect the fragmented and specialized disciplines of academia. However, interdisciplinary research became more and more challenging as the plurality and heterogeneity of disciplinary perspectives and insights increased. Insisting on this divergence and diversity, Julie Thompson Klein has nonetheless contributed in important ways to convergence in interdisciplinarity with her work on the process of integration as interdisciplinarity's defining feature. Of course, she is aware (...) that the increasing inclusion of extra-academic stakeholders in transdisciplinary research constitutes a fundamental challenge to integrative interdisciplinarity. This challenge implies that next to academic contributions, experiential knowledge, interests, and norms must be recognized as valuable to the process, and stakeholder expectations of applicable results must be met. Exploring the future by extending this crucial development further, this article focuses on the actionability of knowledge as an additional criterion for effective interdisciplinarity and transdisciplinarity, as it is in Action Research. With action options for stakeholders being an important goal for such research, it is argued that joint deliberation about these options must be part of the process, aiming for reflective equilibrium. At the same time, an important role for imagination is defended, enabling adequate consideration of action options with their ramifications and implications. The future of interdisciplinarity, it is concluded, will entail an important role for the actionability criterion and for the related role of imagination of potential outcomes, much greater roles than these now have. (shrink)

Reasons for action are considerations in the light of which we act. But just what is it that we attribute to a person when we credit her with a good reason? What sort of entity is on our minds when we deliberate about what we have reason to do? This book examines this question and evaluates a number of approaches to the philosophy of reasons, including normative realism, psychologism and Humeanism. The second half of the book contains the defense (...) of a theory of reasons influenced by the writings of Wilfrid Sellars and Robert Brandom. This theory is further developed in relation to a number of recent topics in action theory, including the Guise of the Good thesis, internalism and the normativity of reasons. (shrink)

What sorts of consideration can be normative reasons for action? If we systematize the wide variety of considerations that can be cited as normative reasons, do we find that there is a single kind of consideration that can always be a reason? Desire-based theorists think that the fact that you want something or would want it under certain evaluatively neutral conditions can always be your normative reason for action. Value-based theorists, by contrast, think that what plays that role (...) are evaluative facts (or the facts that subvene them) about what you want, such as the fact that having it would be good in some way. This paper argues that value-based theorists are wrong; if we try to find a single kind of consideration that can always be normative reason, we find that sometimes our reason is the fact that we want something and not any corresponding evaluative fact. (shrink)

Recent work in English speaking moral philosophy has seen the rise to prominence of the idea of a normative reason1. By ‘normative reasons’ I mean the reasons agents appeal to in making rational claims on each other. Normative reasons are good reasons on which agents ought to act, even if they are not actually motivated accordingly2. To this extent, normative reasons are distinguishable from the motivating reasons agents appeal to in reason explanations. Even agents who fail to act on their (...) normative reasons can be said to act on reasons insofar as their actions are rationally intelligible. Thus, when it is said that agents may never use violence in self-defence, this is naturally interpreted to mean that there are powerful normative reasons not to use violence even in selfdefence, even though some agents would use violence in selfdefence. Normative reasons are reasons to pursue ends, where by ends I mean a subset of objects of possible desire, such as taking a stroll or giving all your money to charity. The set of objects of possible desire might include items that are not straightforwardly ends of action. For example, you might want the world to be a better place, or want a secure basis in knowledge of relevant facts to be assigned the highest priority in the assessment of people’s preferences. Objects of possible desire are a subset of objects of possible response, where by ‘response’ I mean the whole range of prepositional attitudes, including desires, preferences, beliefs, commitments and so on. I use the term ‘option’ to refer to objects of possible response in this wider sense. Recent philosophical claims about the grounds of normative reasons can be divided into two strands. Each strand takes as its starting point what is perceived to be a fundamental constraint embodied in normative reason attributions.. (shrink)

In a paper in this journal, I defend the view that truth is the fundamental norm for assertion and, in doing so, reject the view that knowledge is the fundamental norm for assertion. In a recent response, Littlejohn raises a number of objections against my arguments. In this reply, I argue that Littlejohn’s objections are unsuccessful.

When introduced around 1925, interdisciplinarity, grounded in the notion of the unity of knowledge, was meant to reconnect the fragmented and specialized disciplines of academia. However, interdisciplinary research became more and more challenging as the plurality and heterogeneity of disciplinary perspectives and insights increased. Insisting on this divergence and diversity, Julie Thompson Klein has nonetheless contributed in important ways to convergence in interdisciplinarity with her work on the process of integration as interdisciplinarity's defining feature. Of course, she is aware (...) that the increasing inclusion of extra-academic stakeholders in transdisciplinary research constitutes a fundamental challenge to integrative interdisciplinarity. This challenge implies that next to academic contributions, experiential knowledge, interests, and norms must be recognized as valuable to the process, and stakeholder expectations of applicable results must be met. Exploring the future by extending this crucial development further, this article focuses on the actionability of knowledge as an additional criterion for effective interdisciplinarity and transdisciplinarity, as it is in Action Research. With action options for stakeholders being an important goal for such research, it is argued that joint deliberation about these options must be part of the process, aiming for reflective equilibrium. At the same time, an important role for imagination is defended, enabling adequate consideration of action options with their ramifications and implications. The future of interdisciplinarity, it is concluded, will entail an important role for the actionability criterion and for the related role of imagination of potential outcomes, much greater roles than these now have. (shrink)

Some philosophers think that knowledge or justification is both necessary and sufficient for rational action: they endorse knowledge-action or justification-action biconditionals. This paper offers a novel, metaphysical challenge to these biconditionals, which proceeds with a familiar question: What depends on what? If you know that p iff it is rational for you to act on p, do you know that p partly because it is rational for you to act on p, or is it rational (...) for you to act on p partly because you know that p? And a structurally similar question can be asked regarding justification-action biconditionals. I argue that proponents of these biconditionals cannot give a satisfactory answer to these questions. This is because each direction of these biconditionals strongly supports an opposite order of explanation to the one that is supported by the other direction. Given the traditional assumption that metaphysical explanations—even partial ones—are asymmetric, I argue that these biconditionals should be rejected. While knowledge might be necessary for rational action, and it might be sufficient, it cannot be both. And the same goes for justification. (shrink)

Subjects appear to take only evidential considerations to provide reason or justification for believing. That is to say that subjects do not take practical considerations—the kind of considerations which might speak in favour of or justify an action or decision—to speak in favour of or justify believing. This is puzzling; after all, practical considerations often seem far more important than matters of truth and falsity. In this paper, I suggest that one cannot explain this, as many have tried, merely (...) by appeal to the idea that belief aims only at the truth. I appeal instead to the idea that the aim of belief is to provide only practical reasons which might form the basis on which to act and to make decisions, an aim which is in turn dictated by the aim of action. This, I argue, explains why subjects take only evidential considerations to favour of or justify believing. Surprisingly, then, it turns out that it is practical reason itself which demands that there be no practical reasons for belief. (shrink)

Intentional action is often accompanied by knowledge of what one is doing---knowledge which appears non-observational and non-inferential. G.E.M. Anscombe defends the stronger claim that intentional action always comes with such knowledge. Among those who follow Anscombe, some have altered the features, content, or species of the knowledge claimed to necessarily accompany intentional action. In this paper, I argue that there is no necessary connection between intentional action and knowledge, no matter the (...) assumed features, content, or species of the knowledge. Further, rather than follow the usual methodology in this debate of arguing by counterexample, I present an argument that explains why we continue to find counterexamples: intentional action and knowledge are regulated by thresholds under distinct pressures; in particular, the threshold of control regulating intentional action is disparately influenced by the role of intentional action in practical normativity. (shrink)

This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a legal (...) requirement has been issued can be a reason for action, yet one that is underpinned by bedrock values which law is apt to serve. Notions discussed here include a value-based conception of reasons as facts ; a distinction between complete and incomplete reasons ; and David Enoch’s idea of triggering reason-giving. Following a discussion of criticism against the view adopted here, the chapter concludes by considering some more ‘robust’ conceptions of law’s reason-giving capacity. (shrink)

The norm of assertion, to be in force, is a social norm. What is the content of our social norm of assertion? Various linguistic arguments purport to show that to assert is to represent oneself as knowing. But to represent oneself as knowing does not entail that assertion is governed by a knowledge norm. At best these linguistic arguments provide indirect support for a knowledge norm. Furthermore, there are alternative, non-normative explanations for the (...) linguistic data (as in recent work from Van Elswyk). Direct arguments would rely on normative judgments about the permissibility or impermissibility of assertions with and without the speaker knowing the content asserted. John Turri's work experimental results purport to show that our norm of assertion is factive, and probably knowledge. But as a number of recent experimentalists (Kneer, Reuter and Broessel, Marsili and Wiegmann) have shown, Turri's results rely on the problemmatic use of 'should' as in 'Maria should assert that she owns a 1990 watch.' Correcting for this, these experimentalists provide strong evidence that our norm of assertion is not factive. The standard reply to evidence like this from the assertion of unlucky falsehoods is the excuse maneuver. But Marsili and Wiegmann, following Turri's protocol for testing for excuse validation, show that participants who judge that assertions unlucky falsehoods are permissible are not guilty of excuse validation. Given our current understanding of the experimental evidence, knowledge is not our norm of assertion. (shrink)

Social knowledge, for the most part, is knowledge through testimony. This essay is an overview of the epistemology of testimony. The essay separates knowledge from justification, characterizes testimony as a source of belief, explains why testimony is a source of knowledge, canvasses arguments for anti-reductionism and for reductionism in the reductionism vs. anti-reductionism debate, addresses counterexamples to knowledge transmission, defends a safe basis account of testimonial knowledge, and turns to social norms as a partial (...) explanation for the reliability of testimony. (shrink)

Igal Kvart RATIONAL ASSERTIBILITY, THE STEERING ROLE OF KNOWLEDGE, AND PRAGMATIC ENCROACHMENT Abstract In the past couple of decades, there were a few major attempts to establish the thesis of pragmatic encroachment – that there is a significant pragmatic ingredient in the truth-conditions for knowledge-ascriptions. Epistemic contextualism has flaunted the notion of a conversational standard, and Stanley's subject-sensitive invariantism (SSI) promoted stakes, each of which, according to their proponents, play a major role as pragmatic components in the truth (...) conditions of knowledge ascriptions. These conceptions were propelled first and foremost by examples of knowledge ascriptions with obvious pragmatic aspects that seemed to require a pragmatic component in the truth-conditions of knowledge ascriptions in order to be accounted for. However, if such examples can be adequately explained not by pragmatic encroachment purely pragmatically, the central role that such examples play in supporting these accounts will be undermined. I lay out here a new pragmatic account, offering a different, purely pragmatic picture that explains such examples, and much more. If such an account and its associated explanations are adequate, then much of a need or a motivation for pragmatic encroachment is undermined. Specifically, I will develop the notion of rational assertibility, appealing to rational norms (which are not Gricean) as interfacing with semantic and epistemic (and other) norms to yield assertibility simpliciter. More importantly, I will argue for a well-entrenched pragmatic profile of knowledge, the so-called steering role of knowledge. Knowledge ascriptions, or simple assertions (that don't invoke the notion of knowledge), it will be argued, play a pragmatic role of steering audiences in joint deliberational setups to the speaker's preferred action by invoking an impending practical inference leading to that preferred action, and of ignoring incompatible alternatives. The recognition of rational forces as affecting, sometimes strongly and predominantly, intuitions associated with knowledge ascriptions, has important implications to philosophical methodology regarding what count as evidence for semantic features. One such lesson calls for securing examples with no significant rational forces at play in order to establish semantic features. Another calls attention to the ill-suitability of employing assertibility by figures in examples featuring deliberational setups for such a purpose in view of the role that such assertibility plays in reflecting rational aspects of such figures, in addition to their epistemic and semantic characteristics. Still another lesson points to a specific role that audiences play in such deliberational setups. (shrink)

The passionate and staunch defence of logic of the controversial thinker Ibn Ḥazm, Abū Muḥammad ʿAlī b. Aḥmad b. Saʿīd of Córdoba (384-456/994-1064), had lasting consequences in the Islamic world. Indeed, his book Facilitating the Understanding of the Rules of Logic and Introduction Thereto, with Common Expressions and Juristic Examples (Kitāb al-Taqrīb li-ḥadd al-manṭiq wa-l-mudkhal ilayhi bi-l-alfāẓ al-ʿāmmiyya wa-l-amthila al-fiqhiyya), composed in 1025-1029, was well known and discussed during and after his time; and it paved the way for the studies (...) of his compatriots Ibn Bājjah (d. 1138), Ibn Ṭufayl (1185), and Ibn Rushd (1198), who each gave demonstrative reasoning a privileged place within the methods of attaining knowledge. Unfortunately, as too often in the history of science, Ibn Ḥazm’s innovative perspectives and contributions in logic have been overlooked or considered with an attitude of contempt. On the one hand, his work has been seen, at best, as promulgating the benefits of studying Aristotle’s logic, so that his contribution is assessed as more didactical than conceptual. And on the other hand, those who do examine his innovations often consider them to be mistaken. As indicated by Chejne (1984, p. 2) contempt towards the logical work of Ibn Ḥazm was also present in its reception by the Eastern philosophers who accused him of deviating from Aristotelian logic and of dabbling in things beyond his capability. However, a reassessment of his work on logic has since begun, by delving into the ways the thinker of Córdoba studied the links between deontic and modal qualification of propositions. In this context Lameer’s (2013) paper on the logical sources of Ibn Ḥazm is worth mentioning; the author (p. 417, footnote 1) observes that, although, strictly speaking, it was al-Fārābī who first drew the parallelism between deontic and modal concepts, it was Ibn Ḥazm who developed it and worked it out in a more precise manner. A primary aim of this paper is to help fill some of these gaps by stressing the role of the work of Ibn Ḥazm in developing a notion of deontic necessity deeply rooted in legal normativity, and in explicitly discussing the transference between deontic and modal concepts. According to our view; the basic units of Islamic deontic logic are what we might call, indulging in terminological anachronism, heteronomous imperatives. As it turns out, the heteronomy of imperatives within Islamic legal systems contrasts with those of the purely moral realm, which seem to be closer to an autonomous conception of moral law. There it concurs again with Leibniz’s proposal to define obligatory as “what is necessary for a good person to do”. In the present paper, we will focus on the heteronomous imperatives of legal systems rather than on the imperatives of the purely moral realm. In this context, the work of Ibn Ḥazm extends the parallelism between the necessity of events and that of human actions stressed by his predecessors. According to our understanding, Ibn Ḥazm’s parallelism can be rendered explicit formally by means of a conditional (or hypothetical) structure shared by both deontic and modal propositions. Moreover, this structure makes apparent that this parallelism displays an underlying system of “degrees”. Indeed, while in the domain of events, given some conditions, it makes sense to distinguish between an event that is more likely to happen than another. Ibn Ḥazm speaks of near and distant possibility (such as the higher degree of likelihood of rain, given the condensation of clouds in December, and its lower degree, when the condensation occurs in summer); and, in the domain of actions, the Islamic notion of weighting actions determines degrees of virtue (or of legal and moral value). So whereas the degree of virtue of performing a forbidden act as determined by the distribution of sanction and reward is 0, we obtain the same value by pondering the likelihood of an impossible event to take place. Furthermore, as discussed in section II.3.2, the system of values at work in the parallelism can be seen as opening the way to a more direct correspondence. Thus, while in the realm of nature, likelihood of occurrence of an event is dependent upon the conditions specific to the occurrence of that event; while, in the realm of jurisprudence, likelihood of performing an action is dependent upon the distribution of reward and sanction specific to that action (being that, given the choice to perform or not perform a given action, those that will be rewarded are more likely to be performed than those that are not). According to this perspective, the point of the parallelism is that both deontic and modal qualifications measure the degree of an action or event to become actual; that is – indulging once more in anachronism (but this time from the Leibnizian background) – the degree measures how feasible (facile) an action or event may be. This suggests that Ibn Ḥazm’s perspectives already herald the links to probability and possibility explored by Leibniz six centuries later – see for example Leibniz’s (1671, A VI, I, p. 424-26) use of probability in the context of conditional right. Nevertheless, it also shows a crucial difference to the approach developed in the Elementa Jura Naturalis: whereas Leibniz’s studies seek to define what is to be just or virtuous, the logical system of deontic imperatives within Islamic jurisprudence presupposes that what is to be virtuous has already been settled. Determining what is to be virtuous is not achieved by logical reasoning within the system of legal jurisprudence, but by delving into the higher objectives of the Sharīʿa. While developing our point, we will delve into the logical structure of the heteronomous imperatives. This distinguishes our contribution from the existing literature, such as the papers of Chejne (1984), Lameer (2014), and Guerrero (1997, 2010, 2014), which do not provide a logical analysis of the deontic concepts put into work by Ibn Ḥazm. The true antecedent to the present paper is the work of Farid Zidani (2007, 2015), who, so far as we know, was the first to undertake such a task. Some of our own developments and general epistemological thoughts go beyond Ibn Ḥazm’s framework and motivations; mainly those contained in sections II.3.2 and IV. However, according to our view, these reflections suggest that Ibn Ḥazm’s approach has the substance for a broader and deeper exploration of the logic of norms. The paper is structured as follows:I.Ibn Ḥazm’s Logic of Heteronomous Imperatives. After presenting some extracts of the relevant text, we proceed by providing a formal reconstruction of the five forms of deontic modalities. II. A Landmark in the History of the Logical Analysis of Norms. Duties and Modalities. In this section, we study the transferences from deontic to modal necessity and possibility. We briefly compare the deontic system of Islamic Jurisprudence with that of Leibniz.III. Leibniz and Hypothetical Imperatives in Law.IV. Beyond Ibn Ḥazm: Conclusions and the Work Ahead. We will conclude the paper by discussing briefly some conceptual points that distinguish the logic of heteronomous imperatives from contemporary deontic logic. Our final words will discuss deontic-modal parallelism in the context of Ibn Ḥazm’s rejection of reasoning by conjecture and what we call “the internalization of nature.”. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

One prominent argument for pragmatic encroachment (PE) is that PE is entailed by a combination of a principle that states that knowledge warrants proper practical reasoning, and judgments that it is more difficult to reason well when the stakes go up. I argue here that this argument is unsuccessful. One problem is that empirical tests concerning knowledge judgments in high-stakes situations only sometimes exhibit the result predicted by PE. I argue here that those judgments that appear to support (...) PE are better interpreted not as judgments that the epistemic demands for knowing increase as one’s practical situation becomes more demanding, but instead as judgments reflecting a different kind of normative epistemic evaluation, namely whether one is acting in an epistemically responsible way. The general idea is that when someone treats a proposition as a reason for acting we can evaluate them epistemically both in terms of whether they know that proposition, as well as in terms of whether they are acting on their knowledge in the right kind of way. My charge against the PE proponent, then, is that she is interpreting judgments that are indicative of whether we are adhering to certain normative epistemic requirements generally as being indicative of whether we have knowledge specifically. There are, however, normative epistemic requirements that make demands of us that are indicative of something other than our possession of knowledge. (shrink)

One emerging issue in contemporary epistemology concerns the relation between animal knowledge, which can be had by agents unable to take a view on the epistemic status of their attitudes, and reflective knowledge, which is only available to agents capable of taking such a view. Philosophers who are open to animal knowledge often presume that while many of the beliefs of human adults are formed unreflectively and thus constitute mere animal knowledge, some of them—those which become (...) subject of explicit scrutiny or are the result of a deliberative effort—may attain the status of reflective knowledge. According to Sanford Goldberg and Jonathan Matheson (2020), however, it is impossible for reflective subjects to have mere animal knowledge. If correct, their view would have a number of repercussions, perhaps most notably the vindication of a dualism about knowledge, which would frustrate attempts to provide a unified account of knowledge-attributions to human adults, very young children, and non-human animals. I discuss Goldberg and Matheson’s proposal, outline some of the ways in which it is insightful, and argue that it is ultimately unsuccessful because it neglects the inherent temporal dimension of knowledge acquisition. While the article is pitched as a reply to Goldberg and Matheson, its primary aim is to highlight significant connections between the debates on the relation between animal and reflective knowledge, propositional and doxastic justification, and the theory of epistemic defeat. (shrink)

Ideomotor actions are behaviours that are unconsciously initiated and express a thought rather than a response to a sensory stimulus. The question examined here is whether ideomotor actions can also express nonconscious knowledge. We investigated this via the use of implicit long-term semantic memory, which is not available to conscious recall. We compared accuracy of answers to yes/no questions using both volitional report and ideomotor response . Results show that when participants believed they knew the answer, responses in the (...) two modalities were similar. But when they believed they were guessing, accuracy was at chance for volitional report , but significantly higher for Ouija response . These results indicate that implicit semantic memory can be expressed through ideomotor actions. They also suggest that this approach can provide an interesting new methodology for studying implicit processes in cognition. (shrink)

The purpose of the present chapter is to survey the work on epistemic norms of action, practical deliberation and assertion and to consider how these norms are interrelated. On a more constructive note, we will argue that if there are important similarities between the epistemic norms of action and assertion, it has important ramifications for the debates over speech acts and harm. Thus, we hope that the chapter will indicate how thinking about assertions as a speech act can (...) benefit from a broader action theoretic setting. We will proceed as follows. In Section 2, we provide a survey of epistemic norms of action and practical deliberation. In Section 3, we turn to the epistemic norms of assertion. In Section 4, we consider arguments for and against commonality of the epistemic norms of actions, practical deliberation and assertion. In Section 5, we discuss some of the ramifications of the debates over epistemic norms of assertion such as whether they may be extended to other linguistic phenomena such as Gricean implicature. In Section 6, we consider the consequences of the debate about the epistemic norms of action and practical deliberation for debates about speech and harm. (shrink)