This paper investigates how inquiry into normative language can improve substantive normative theorizing. First I examine two dimensions along which normative language differs: “strength” and “subjectivity.” Next I show how greater sensitivity to these features of the meaning and use of normative language can illuminate debates about three issues in ethics: the coherence of moral dilemmas, the possibility of supererogatory acts, and the connection between making a normative judgment and being motivated to act accordingly. The (...) paper concludes with several brief reflections on the theoretical utility of the distinction—at least so-called—between “normative” and “non-normative” language and judgment. Clarifying the language we use in normative conversation and theorizing can help us diagnose problems with bad arguments and formulate better motivated questions. This can lead to clearer answers and bring into relief new theoretical possibilities and avenues to explore. (shrink)

Philosophical debate about the meaning of normative terms has long been pulled in two directions by the apparently competing ideas: (i) ‘ought’s do not describe what is actually the case but rather prescribe possible action, thought, or feeling, (ii) all declarative sentences deserve the same general semantic treatment, e.g. in terms of compositionally specified truth conditions. In this paper, I pursue resolution of this tension by rehearsing the case for a relatively standard truth-conditionalist semantics for ‘ought’ conceived (...) as a necessity modal and proposing a revision to it motivated by the distinctively prescriptive character of some deontic modals. In my view, this puts pressure on a popular conception of one of the core debates of metanormative theory between realists and antirealists. To make good on this claim, I go on to explore two very general ways we might interpret the results of compositional semantics—“representationalism” and “inferentialism”—in order to argue that, contrary to what is generally assumed, both can capture the special prescriptivity of ‘ought’ and both can countenance compositionally specified and informative truth-conditions for ought-sentences. Hence, my main thesis is that the deciding factor between them should not be which of ideas (i) and (ii) we are more impressed by but rather what we think of the relative merits of how representationalism and inferentialism respect these ideas. I’m inclined to favor an antirealist form of inferentialism, but the task I’ve set myself here is mainly to articulate the view in the context of metanormative theory and the semantics of deontic modals rather than try to defend it fully. To this purpose, towards the end I also briefly compare and contrast inferentialism with a third “ideationalist” metasemantic view, which may be an attractive home for some sophisticated versions of metanormative expressivism. Depending on how expressivism is worked out, it may be completely compatible with and so perhaps usefully combined with inferentialism or it may offer a competing way to respect ideas (i) and (ii). (shrink)

This is a book about normativity -- where the central normative terms are words like 'ought' and 'should' and their equivalents in other languages. It has three parts: The first part is about the semantics of normative discourse: what it means to talk about what ought to be the case. The second part is about the metaphysics of normative properties and relations: what is the nature of those properties and relations whose pattern of instantiation makes propositions (...) about what ought to be the case true. The third part is about the epistemology of normative beliefs: how we could ever know, or even have rational or justified belief in, propositions about what ought to be the case. (shrink)

According to philosophical orthodoxy, the parties to moral or legal disputes genuinely disagree only if their uses of key normative terms in the dispute express the same meaning. Recently, however, this orthodoxy has been challenged. According to an influential alternative view, genuine moral and legal disagreements should be understood as metalinguistic negotiations over which meaning a given term should have. In this paper, we argue that the shared meaning view is motivated by much deeper considerations than its recent (...) critics recognize, and that much would be lost in opting for the explanation of normative disputes as metalinguistic negotiations. (shrink)

The expressivist advances a view about how we explain the meaning of a fragment of language, such as claims about what we morally ought to do. Critics evaluate expressivism on those terms. This is a serious mistake. We don’t just use that fragment of language in isolation. We make claims about what we morally, legally, rationally, and prudentially ought to do. To account for this linguistic phenomenon, the expressivist owes us an account not just of each fragment of language, (...) but of how they weave together into a broader tapestry. I argue that expressivists face a dilemma in doing so: either they fail to explain the univocality of terms like 'ought', or they fail to explain when normative statements are and aren't inconsistent. (shrink)

This essay presents a novel approach to specifying the meaning of the concept of populism, on the political position it occupies and on the nature of populism. Employing analytic techniques of concept clarification and recent analytic ideology critique, it develops populism as a political kind in three steps. First, it descriptively specifies the stereotype of populist platforms as identified in extant research and thereby delimits the peculiar political position populism occupies in representative democracies as neither inclusionary nor fascist. Second, it (...) specifies on this basis analytically–normatively the particular stance towards liberal representative democracy (in particular towards popular sovereignty and democratic legitimacy) that unifies populism’s political position and explains how populist politics can be compelling for democratic citizens. The normative core (populist ideology) turns out to require no more than two general principles of legitimizing political authority by elections. Surprisingly, it does not need a separate anti-pluralist or exclusionary commitment: it entails it. Third, this normative model allows a response to a contested question in the theoretical discussion, namely, whether populism (properly specified) can be democracy-enhancing. The article defends the negative answer in virtue of the normative core alone and does so as much vis-à-vis a minimal (purely electoral) as vis-à-vis a normatively ambitious (liberal) conception of democracy. The reconstruction of the normative core of populist ideology enables a novel argument to show that populism is incompatible with the continued democratic legitimation of political authority even in the normatively most austere conception of ‘electoral democracy’, not just with ‘liberal democracy’. Assuming a normatively more ambitious concept of democratic legitimation in terms of political autonomy, the model also produces an extremely direct argument showing that populists cannot fulfil their promise of ‘taking back control’ over political decision-making to the population. (shrink)

This paper presents a new argument to defend the normativity of meaning, specifically the thesis that there are no meanings without norms. The argument starts from the observation inferentialists have emphasized that incompatibility relations between sentences are a necessary part of meaning as it is understood. We motivate this approach by showing that the standard normativist strategy in the literature, which is developed in terms of veridical reference that may swing free from the speaker’s understanding, violates the ought-implies-can (...) principle, but ours does not. In addition, our approach is superior because, unlike the representationalist approach, it can be extended from declarative sentences to non-representational uses of language. In this paper, however, we only formulate the argument for the base case that involves incompatibility relations between declarative sentences. The goal is not to derive norms from something that is not normative, but to explicate the distinctive type of normativity that is built into meaning as it is understood by language-users. The explication proceeds in two steps. (1) For any sentence s a speaker understands, there is an incompatible sentence s’ the speaker understands to be incompatible with s. (2) In virtue of understanding this incompatibility of meanings, she ought not to be committed to both s and s’. This prohibition is not derived from instrumental practical reason, nor is it based on representational correctness, but its source is the incompatibility of meanings. (shrink)

The dominant route to nondescriptivist views of normative and evaluative language is through the expressivist idea that normative terms have distinctive expressive roles in conveying our attitudes. This paper explores an alternative route based on two ideas. First, a core normative term ‘ought’ is a modal operator; and second, modal operators play a distinctive nonrepresentational role in generating meanings for the statements in which they figure. I argue that this provides for an attractive alternative to (...) expressivist forms of nondescriptivism about normative language. In the final section of the paper, I explore ways it might be extended to evaluative language. (shrink)

According to Paul Boghossian, the claim that the concept of linguistic meaning is normative has no plausibility whatever. In this paper, I criticize Boghossian's argument for this conclusion and maintain that there is a strong case for saying that the concept of meaning is normative. First, I sketch an easy to handle version of the argument in question. Then, I use MacFarlane's work on the significance of "true" to maintain that the argument relies on an illicit assumption. Finally, (...) I show what supports the claim that meaning is normative by reflecting on the structure of an explanation of a case of successful communication in terms of meaning. (shrink)

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

Allan Gibbard () argues that the term ‘meaning’ expresses a normative concept, primarily on the basis of arguments that parallel Moore's famous Open Question Argument. In this paper I argue that Gibbard's evidence for normativity rests on idiosyncrasies of the Open Question Argument, and that when we use related thought experiments designed to bring out unusual semantic intuitions associated with normative terms we fail to find such evidence. These thought experiments, moreover, strongly suggest there are basic requirements (...) for a theory of meaning incompatible with Gibbard's ultimate goal of providing an expressivist account of meaning-related concepts. I conclude by considering a possible way in which meaning could be normative, consistent with the intuitions about disagreement; but this form of normativism about meaning appears incompatible with Gibbard's expressivism. (shrink)

Many normative judgments play a practical role in our thought. This paper concerns how their practical role is reflected in language. It is natural to wonder whether the phenomenon is semantic or pragmatic. The standard assumption in moral philosophy is that at least terms which can be used to express “thin” normative concepts – such as 'good', 'right', and 'ought' – are associated with certain practical roles somehow as a matter of meaning. But this view is rarely (...) given explicit defense or even articulation. I’ll consider several versions of the view, and argue that even the most promising among them are problematic. Terms like 'ought' are often used in ways where their customary practical role is absent. Such cases give us a choice: either offer some plausible explanation of why the relevant practical upshots don’t show up in these cases despite featuring in our semantic theory for these expressions, or else don’t build them into that theory. I argue that plausible explanations of the requisite sort aren’t forthcoming in either descriptive semantics or metasemantics for normative language. In closing I briefly consider the prospects for a pragmatic account of the phenomenon and some broader ramifications for metaethics and the philosophy of normativity. (shrink)

Our ascriptions of content to utterances in the past attribute to them a level of determinacy that extends beyond what could supervene upon the usage up to the time of those utterances. If one accepts the truth of such ascriptions, one can either (1) argue that subsequent use must be added to the supervenience base that determines the meaning of a term at a time, or (2) argue that such cases show that meaning does not supervene upon use at all. (...) The following will argue against authors such as Lance, Hawthorn and Ebbs that first of these options is the more promising of the two. However, maintaining the supervenience thesis ultimately requires understanding the relation between use and meaning as 'normative' in two important ways. The first (more familiar) way is that the function from use to meaning must be of a sort that allows us to maintain a robust distinction between correct usage and actual usage. This first type of normativity is accepted by defenders of many more temporally restricted versions of the supervenience thesis, but the second sort of normativity is unique to theories that extend the supervenience base into the future. In particular, if meaning is partially a function of future use, we can understand other commitments we are often taken to have about meaning, particularly the commitment to meaning being 'determinate', as practical commitments that structure our linguistic practices rather than theoretical commitment that merely describe such practices. (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)

Stephen Palmquist is Professor of Religion and Philosophy at Hong Kong Baptist University. We invited him to answer the question "What norms or values define excellent philosophy of religion? as part of our "Philosophers of Religion on Philosophy of Religion" series. If we regard this as a philosophical (not a scientific) question, then the first step to answering it is to determine what norms or values define excellent philosophy, in general. Once that is established, we can inquire whether the nature (...) of religion brings with it any special features that make the task of doing excellent philosophy of religion unique. Unlike scientific explanations, excellent philosophical explanations must be multi-perspectival. A question that has only one right answer is not philosophical; instead, it is likely to be about facts. While we philosophers should care (deeply!) about any facts relevant to our inquiries, our peculiar way of interpreting facts means that answering a philosophical question cannot be done in one absolutely "right" way. This does not mean there are no right answers to philosophical questions; rather, there are many. But this does not make any answer equally good; for there would then be no such thing as excellent philosophy. The essentially perspectival nature of all genuinely philosophical questions means that the correctness of each purportedly "right" answer must be assessed in terms of its aptness for the perspective the questioner adopts when posing the question. A single question, such as "Does God exist?" can have many good answers, depending on whether the questioner assumes science, morality, aesthetics, or something else as the context. Each different type of inquiry has different boundary-conditions, so a good answer within each context is bound to differ from those in other contexts. Bad philosophy typically lacks depth: like a cyclops, its approach to answering questions is mono-perspectival. But if good philosophy acknowledges perspectives, what makes philosophy excellent? Good philosophy achieves excellence when it approaches a completeness whereby we begin to understand the range of relevant perspectives from which a given question can be asked, and the distinct boundary-conditions for answering it properly from each relevant perspective. Before applying this definition of excellent philosophy to the specific case at hand, we must pause to consider whether anything distinctive characterizes the range of philosophical topics and questions that typically come under the umbrella of philosophy of religion. In particular, does religion have features that make it especially difficult (or for that matter, easy) to think about philosophically, compared to other philosophical topics? Yes and no. (shrink)

This paper investigates whether different philosophers’ claims about “normativity” are about the same subject or (as recently argued by Derek Parfit) theorists who appear to disagree are really using the term with different meanings, in order to cast disambiguating light on the debates over at least the nature, existence, extension, and analyzability of normativity. While I suggest the term may be multiply ambiguous, I also find reasons for optimism about a common subject-matter for metanormative theory. This is supported partly (...) by sketching a special kind of hybrid view of normative judgment, perspectivism, that occupies a position between cognitivism and noncognitivism, naturalism and nonnaturalism, objectivism and subjectivism, making it more plausible that radically different metanormative theories could be about the same thing. I explore three main fissures: between (i) the “normativity” of language/thought versus that of facts and properties, (ii) abstract versus substantive senses, and (iii) formal versus robust senses. (shrink)

Today, resilience is used in many societal contexts for understanding how things respond to risks and for improving their performance in this regard, having also become a prominent approach for adapting to climate change. Yet, despite the broad appeal of resilience and resilience-based approaches within and outside academia, there are persisting puzzles about how to interpret resilience, its relation to competing concepts and approaches, or its desirability. Some proponents of resilience advise caution with the normative use of the term, (...) noting that resilience is a purely descriptive and ambivalent quality, which can be good in some circumstances but not in others. Critics have also noted that resilience approaches can be technocratic and that they tend to conceal the needs and vulnerabilities of the poor. -/- These examples demonstrate the need for reflecting on the status and significance of a term that is so widely used in academia and across the science-policy divide, but whose meaning and value are so fiercely disputed. Given that resilience is already informing many large-scale and significant societal efforts, they also raise the need to ask under which conditions such efforts could be just. -/- This work uses philosophical perspectives from ethics, metaethics and justice theory for revisiting recent debates on the meaning and normative status of this concept, with special emphasis on understanding the normative guidance that diverse interpretations of resilience can offer and disclosing the implications that this may have for achieving justice in and through resilience-based interventions. (shrink)

What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these views precise, I show (...) how linguistic data militates against both rivals to the generic meaning view, and argue that this has significant implications for jurisprudence. (shrink)

In this paper I distinguish three kinds of kinds: traditional philosophical kinds such as truth, knowledge, and causation; natural science kinds such as spin, charge and mass; and social kinds such as class, poverty, and marriage. The three-fold taxonomy I work with represents an idealised abstraction from the wide variety of kinds that there are and the messy phenomena that underlie them. However, the kinds I identify are discrete, and the three-fold taxonomy is useful when it comes to understanding claims (...) about the normativity, scope, and implementation of conceptual engineering. In particular it reveals: first, that conceptual engineering in a broad sense is not distinctively normative; but second, that there is a distinctive normativity present in conceptual engineering in the narrow sense of amelioration; third, that conceptual engineering in the narrow sense of amelioration is only possible for terms that refer to kinds whose grounds we can change; and fourth, that the amelioration of such kind terms can be brought about as a result of changing the grounds of those kinds. The overall aim is to draw attention to the differences between kinds of kinds to make sense of the diverse and often conflicting claims in the conceptual engineering literature, both from its proponents and from its detractors. The hope is that paying attention to the differences between kinds of kinds will provide a better understanding of the landscape. (shrink)

There has frequently been taken to be a tension, if not an incompatibility, between "externalist" theories of content (which allow the make-up of one's physical environment and the linguistic usage of one's community to contribute to the contents of one's thoughts and utterances) and the "methodologically individualist" intuition that whatever contributes to the content of one's thoughts and utterances must ultimately be grounded in facts about one's own attitudes and behavior. In this dissertation I argue that one can underwrite such (...) externalist theories within a methodologically individualistic framework by understanding semantic norms in terms of the need to reach, for each of one's terms, a type of "equilibrium." Each speaker's commitment to making her _own_ beliefs and applications consistent allows one to incorporate these 'external' factors into the contents of their thoughts and utterances in a way that remains methodologically individualistic. Methodologically individualistic accounts are typically taken to be unable to incorporate 'external' factors such as the world's physical make-up or communal usage because of arguments suggesting that the individual's own beliefs and usage underdetermine or even misidentify what, according to externalist accounts, they mean by their terms. These arguments, however, only seem plausible if one presupposes a comparatively impoverished conception of the individual's beliefs. The beliefs a speaker associates with a given term extend far beyond the handful of sentences they would produce if asked to list such beliefs. In particular, speakers have an implicit, but rich, understanding of their language, their world, and the relation between them. Speakers typically understand languages as shared temporally extended practices about which they can be, both individually and collectively, mistaken. Once this conception of language is taken into account, the ascriptions which purportedly forced 'non-individualistic' conceptions of content upon us (particularly ascriptions which seemed to tie what we meant to social use rather than our own beliefs) turn out to be ultimately grounded in the individual's own beliefs. Indeed, our self-conception does much more than merely underwrite 'non-individualistic' ascriptions.. (shrink)

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

According to Brandom’s conceptual role semantics, to grasp a concept involves a commitment to drawing certain inferences. This is a consequence of the inferentialist thesis that the meaning of a term is given by its justification through assertibility conditions. Inferential commitments come out from a material notion of inference which underwrites human rational discourse and activity. In this paper I discuss a problem of Brandom’s semantics allegedly exposed in an argument by Paul Boghossian against Dummett’s and Brandom’s substantive conception of (...) meaning. I contend that Boghossian’s analysis is dubious because it overlooks an important difference between Dummett’s and Brandom’s positions related respectively to a monotonic and a non-monotonic view of the norm underwriting meaning. (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)

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

From Kant’s point of view, the puzzle about judgments of taste is that they claim to normativity—in Kant’s terms, to intersubjective validity or communicability—but nevertheless have only a subjective basis or “determining ground (Bestimmungsgrund).” The task of §9 of the Critique of Judgment in particular is to delineate an account of aesthetic response that accommodates Kant’s solution to this puzzle. If the aesthetic pleasure “precedes” the judgment—in other words, if the judgment is about the pleasure—then the judgment of taste (...) would be merely private, like other judgments about things that cause us pleasure. So the judgment must precede the pleasure. But “nothing… can be universally communicated except cognition, and representation so far as it belongs to cognition. (V:217) Therefore, the determining ground of the judgment of taste must be “the mental state encountered in the relation of the mental powers of representation to each other insofar as they relate a given cognition to cognition in general.” (V:217) A bit later, he calls this state of mind a “feeling of the free play of the powers of representation in a given representation for a given representation for a cognition in general.” The appeal to ‘cognition in general’ can do what Kant needs it to do only if it conveys the normativity of cognition simpliciter but not its conceptual determinacy. I want to propose that we take ‘cognition in general’ to mean ‘integration into a unified system of empirical cognition.’ If I am successful, it will have the consequence that the basis for the normativity of taste— that is, the expectation that others ought to agree with our judgments-- is the same as the basis for the normativity of cognitive judgments. (shrink)

The pejorative connotation often associated with the ordinary language meaning of “conspiracy theory” does not only stem from a conspiracy theory’s being about a conspiracy, but also from a conspiracy theory’s being regarded as a particular kind of theory. I propose to understand conspiracy theory-induced polarization in terms of disagreement about the correct epistemic evaluation of ‘theory’ in ‘conspiracy theory’. By framing the positions typical in conspiracy theory-induced polarization in this way, I aim to show that pejorative conceptions of (...) ‘conspiracy theory’ are problematic for research open to the possibility of finding depolarization strategies. That is, because they preclude constructive engagement with the epistemic norms governing (the rationales foundational of) belief in conspiracy theories. (shrink)

Frege-Geach worries about embedding and composition have plagued metaethical theories like emotivism, prescriptivism and expressivism. The sharpened point of such criticism has come to focus on whether negation and inconsistency have to be understood in descriptivist terms. Because they reject descriptivism, these theories must offer a non-standard account of the meanings of ethical and normative sentences as well as related semantic facts, such as why certain sentences are inconsistent with each other. This paper fills out such a (...) solution to the negation problems, following some of the original emotivist ideas about the interplay of interests in conversation. We communicate both to share information and coordinate our actions, and we use distinctively normative language like deontic ‘must’ and ‘may’ to negotiate what people are to do. The kinds of disagreement involved in such negotiation can illuminate the issues with negation and inconsistency. This paper outlines a dynamic semantic system in which these ideas can bear fruit, developing the scorekeeping model of conversation. The result is clarification about what Frege-Geach worries can mean for nondescriptive semantics. (shrink)

The paper presents a phenomenological approach to recent debates in the philosophy of language about rule-following and the normativity of meaning, a debate that can be traced to Ludwig Wittgenstein’s Philosophical Investigations but that was given new life with Saul Kripke’s Wittgenstein on Rules and Private Language. Taking a cue from Hannah Ginsborg’s recent work on “primitive normativity,” I use some of Husserl’s own comments about meaning and the status of rules to sketch a solution to Kripke’s rule-following paradox by (...) appealing to a kind of normativity at the level of perception and intersubjective embodiment. This level of normativity arises, like Ginsborg’s, via a primitive kind of judgment that does not presuppose linguistic or conceptual mastery. Unlike for Ginsborg, however, for Husserl this level should still be understood in terms of meaning—just not in the standard linguistic or conceptual senses prominent in the Anglo-American philosophical tradition in which the rule-following debates have occurred. My interpretation thus also demonstrates how Husserl’s account bypasses certain presuppositions about meaning common in the period of the linguistic turn—presuppositions also questioned, in different ways, by Wittgenstein, by Kripke, and by Ginsborg. (shrink)

Theoretical ethics includes both metaethics (the meaning of moral terms) and normative ethics (ethical theories and principles). Practical ethics involves making decisions about every day real ethical problems, like decisions about euthanasia, what we should eat, climate change, treatment of animals, and how we should live. It utilizes ethical theories, like utilitarianism and Kantianism, and principles, but more broadly a process of reflective equilibrium and consistency to decide how to act and be.

In this paper, I engage with a recent contextualist account of gender terms proposed by Díaz-León, E. 2016. “Woman as a Politically Significant Term: A Solution to the Puzzle.” Hypatia 31 : 245–58. Díaz-León’s main aim is to improve both on previous contextualist and non-contextualist views and solve a certain puzzle for feminists. Central to this task is putting forward a view that allows trans women who did not undergo gender-affirming medical procedures to use the gender terms of (...) their choice to self-identify. My goal is to investigate Díaz-León’s proposal, point out several shortcomings of the view and discuss possible replies on her part. (shrink)

Wittgenstein’s Tractatus construes the nature of reasoning in a manner which sharply conflicts with the conventional wisdom that logic is normative, not descriptive of thought. For although we sometimes seem to reason incorrectly, Wittgenstein denies that we can make logical mistakes (5.473). My aim in this paper is to show that the Tractatus provides us with good reasons to rethink some of the central assumptions that are standardly made in thinking about the relation between logic and thought. In particular, (...) the rejection of logical mistakes is to be understood in connection with Wittgenstein’s non-psychological approach to the thinking subject (5.641). On Wittgenstein's view, inference, understanding, and meaning are holistically related; cases of defective reasoning are to be explained in terms of a defective grasp of meaning which manifests in an indeterminate use of signs. Invalid reasoning therefore does not count for Wittgenstein as a species of reasoning, but rather as the mere illusion of reasoning. The rejection of logical mistakes thus gives voice to a radical disjunctivist approach. (shrink)

Moral error theory is comprised of two parts: a denial of the existence of objective values, and a claim about the ways in which we attempt to make reference to such objective values. John Mackie is sometimes presented as endorsing the view that we necessarily presuppose such objective values in our moral language and thought. In a series of recent papers, though, Victor Moberger (2017), Selim Berker (2019), and Michael Ridge (2020) point out that Mackie does not seem to commit (...) himself to this view. They argue that Mackie thinks this reference to objective values can, and perhaps should, be detached from our moral statements and judgments. In this paper, I argue that Moberger, Berker, and Ridge are right to point out that Mackie stops short of claiming a necessary connection between moral language and a commitment to objective values, but that he does not endorse the contrary claim either. Instead, Mackie stays neutral on the question whether it is possible to assert moral statements or make moral judgments without presupposing objective value. This is because he does not need to take a position on this matter. Mackie only engages with the conceptual analysis of moral language and thought to the extent required to achieve his argumentative goals: he wants to reject revisionary analyses of moral language and to refute the idea that we can assume moral truths to be in alignment with ordinary moral language. (shrink)

In this dissertation, I aim to develop and defend a novel, pragmatist approach to foundational questions about meaning, especially the meaning of deontic moral vocabulary. Drawing from expressivists and inferentialists, I argue that meaning is best explained by the various kinds of norms that govern the use of a vocabulary. Along with inferential norms, I argue we must extend our account to discursive norms that govern normative statuses required to felicitously utter certain speech-acts—norms of authority—and the transitions in (...) class='Hi'>normative statuses affected by speech-acts—pragmatic norms. These structural discursive norms differentiate discursive practices and account for distinctive features such as objectivity and motivational import that some have and others lack. The structure exhibited by a practice is then explained in terms of its utility, making it possible to see how different discursive practices are answerable to the different needs and purposes of the discursive beings who use them. I call the resulting explanatory framework a pragmatic analysis of linguistic meaning (PALM). -/- Turning my attention to moral “ought,” I argue that the structural discursive norms of moral discourse differentiate it from other objective discourses, like empirical discourse, on the one hand, and from other normative discourses, like prudential discourse, on the other. Drawing on work in evolutionary psychology and anthropology, I complete the PALM with an account of moral discourse a meta-normative practice with a metacoordinative function. Its utility for the discursive beings who use it lies in its enabling them to remedy certain tensions and instabilities that arise in their other coordinative, normative practices in a way that minimizes the risk of domination by alpha-type freeriders, the fracturing of social groups, and individual defection from cooperative endeavors. -/- In the final two chapters, I leverage the account to defend a pragmatist-friendly notion of objectivity in terms of a structure of distributed epistemic authority according to which no claim within a practice is ultimately authoritative or immune from challenge and to reconcile this sense of objectivity with a persistent pressure toward a kind of relativism that restricts the standing to make moral claims to members of the relevant communities. (shrink)

In the middle of the 20th century, it was a common Wittgenstein-inspired idea in philosophy that for a linguistic expression to have a meaning is for it to be governed by a rule of use. In other words, it was widely believed that meanings are to be identified with use-conditions. However, as things stand, this idea is widely taken to be vague and mysterious, inconsistent with “truth-conditional semantics”, and subject to the Frege-Geach problem. In this paper I reinvigorate the (...) ideas that meaningfulness is a matter of being governed by rules of use and that meanings are best thought of in terms of use-conditions. I will do this by sketching the Rule-Governance view of the nature of linguistic meaningfulness, showing that the view isn’t by itself subject to the two problems, and explain why the idea has had a lasting appeal to philosophers from Strawson to Kaplan and why we should find it continually attractive. (shrink)

Loyalty is considered central to people’s moral life, yet little is known about how people think about what it means to be loyal. We used a prototype approach to understand how loyalty is represented in Colombia and the United States and how these representations mediate attributions of loyalty and moral judgments of loyalty violations. Across 7 studies (N = 1,984), we found cross-cultural similarities in the associative meaning of loyalty (Study 1) but found differences in the centrality of features associated (...) with loyalty (Study 2) and the latent structure of loyalty representations (Study 3). Colombians represent loyalty in terms of more general moral characteristics, while US participants represent loyalty in terms of interpersonal commitment, both in contrast with current approaches to loyalty. By comparing representations of loyalty and honesty, we establish that difference in loyalty conceptualizations reflect a different way of thinking about loyalty rather than morality more generally (Study 4). Further, Colombians attributed greater loyalty to individuals with general moral characteristics compared to participants from the United States sample (Study 5) and were more likely to classify non-loyal values as loyalty-related (Study 6). While the centrality of prototypical features predicts categorizing norm violations as loyalty-related, differences in prototypical structure account for differences in the severity of moral judgment for such violations (Study 7), which suggests that loyalty representations have similar functions even though these representations differ in structural characteristics. (shrink)

The relations between life and cogntion have been addressed through different perspectives [Stewart 1996, Boden 2001, Bourgine and Stewart 2004, van Duijn & all 2006, Di Paolo 2009]. We would like here to address that subject by relating life to cognition through a process of meaning generation. Life emerged on earth as a far from thermodynamic equilibrium performance that had to maintain herself. Life is charactertized by a ‘stay alive’ constraint that has to be satisfied (such constraint can be included (...) in the constraint of being able to maintain far from equilibrium thermodynamic conditions [Bickhard 2011]). The local ‘stay alive‘ constraint has to be satisfied in an environment containing elements potentially supportive or harmfull. A key activity for the living entity is to characterize these elements in terms of meaningfulness relatively to the ‘stay alive’ constraint. This process can be modeled with an existing tool where a system submitted to an internal constraint generates meaningful information characterizing elements of the environment: the Meaning Generator System (MGS) [Menant, 2003, 2014 a]. In a few words: when a system submitted to an internal constraint receives from the environment an information that has a connection with the constraint it generates a meaning usable for the implementation of an action satisfying the constraint.The generated meaning is the connection existing between the received information and the constraint. The MGS models this process and interfaces to the action implementation for constraint satisfaction The meaning is generated by and for the system. The MGS grounds meaning generation in constraint satisfaction and links the living entity to her environment in a relational process. A simple example is with a paramecium close to a drop of acid. The paramecium which is submitted to a ‘stay alive’ constraint will move away from the acid area. The received information ‘presence of acid’ generates the meaning ‘acid not compatible with the ‘stay alive’ constraint‘ which triggers the moving away action (that example is close to Varela’s bacteria swimming up a sugar gradient. What the MGS brings in addition is a modeling of the significance of the chemical gradient for the organism). The action implemented to satisfy the constraint modifies the environment and the received information, establishing an interactive process linking the living entity to her environment. During its evolution animal life has elaborated new constraints (like ‘live group life’) and new functions enriching meaning generation and action scenarios. As a result the build up of meaningful representations has improved the constraint satisfaction processes of animals, embedding them in their environments in relational and interactive terms [Menant, 2011]. Cognition can be defined by proposing that ‘a system is cognitive if and only if sensory inputs serve to trigger actions in a specific way, so as to satisfy a viability constraint’ [Bourgine, Stewart 2004]. Cognition can also be considered as exemplifying a ‘vital criterion of responsiveness’ [Boden, 2001 ]. Consequently the MGS can be positioned as an elementary and generic version of animal cognition. For animal life, meaning generation for internal constraint satisfaction links life and cognition in a relational and interactive process. Cognition for human life is more complex as new performances have to be taken into account like self-consciousness and free-will. Meaning generation at human level is a challenging subject as human constraints are not clearly understood [Menant, 2011]. Many research activities are in process looking for some understanding of human mind [Philpapers]. One area of investigation is an evolutionary approach to self-consciousness using meaning generation where anxiety limitation comes up as a generic human constraint [Menant, 2014 b]. Assuming that we can have clear enough an understanding of some human constraints, we can look at the MGS for partly extending to humans the link between life and cognition that has been established for animals. So overall, we can consider that the MGS approach makes available an evolutionary link between life and cognition for animals, and partly for humans. A characteristic of the proposed system approach to meaning generation is the possibility to use it for any type of agent, be it organic (with intrinsic constraints ) or artificial (with derived constraints). Such characterization of agents through meaning generation can be used to discriminate artificial itelligence from human intelligence (see the MGS usage to support Searle’s chinese room argument [Menant, 2013]). On a more general basis, the proposed system approach can positions the MGS as a simple model for an internal source of normativity. It’s usage as a simple building block allows a bottom-up modeling for normativity in the sensorimotor approach. The ‘stay alive’ constraint could also be taken as a starting point for an evolutionary grounding of sensorimotor norms ‘in the biological normativity of the agent as a whole’ [Di Paolo & all 2014]. The proposed presentation will develop the points summarized here above and position them relatively to the autopoietic and enactive approaches. Several possible continuations will also be highlighted. (shrink)

Max Deutsch has recently argued that conceptual engineering is stuck in a dilemma. If it is construed as the activity of revising the semantic meanings of existing terms, then it faces an unsurmountable implementation problem. If, on the other hand, it is construed as the activity of introducing new technical terms, then it becomes trivial. According to Deutsch, this conclusion need not worry us, however, for conceptual engineering is ill-motivated to begin with. This paper responds to Deutsch (...) by arguing, first, that there is a third construal of conceptual engineering, neglected by him, which renders it both implementable and non-trivial, and second, that even the more ambitious project of changing semantic meanings is no less feasible than other normative projects we currently pursue. Lastly, the value of conceptual engineering is defended against Deutsch’s objections. (shrink)

Using the two cases of the Icelandic Health Sector Database and Russian initiatives in biobanking, the article criticizes the view of narratives and imaginaries as a sufficient and unproblematic means of shaping public understanding of genetics and justifying population-wide projects. Narrative representations of national biobanking engage particular imaginaries that are not bound by the universal normative framework of human rights, promote affective thinking, distract the public from recognizing and discussing tangible ethical and socioeconomic issues, and harm trust in science (...) and technology. In the Icelandic case, the presentation of the project in association with national imaginaries concealed its market identity and could lead to the commodification of biodata. In the Russian case, framing in terms of "genetic sovereignty" and "civilizational code" offers pretexts for state securitization. Adherence to normative framework of human rights and public discussion of genetics in an argumentative and factual mode can counter these trends. (shrink)

As with terms such as “human rights”, “democracy”, and “equality”, the notion of “freedom” has an emblematic character with highly normative overtones. After the declaration of universal human rights, one might argue that freedom is – at least formally – a universal entitlement belonging to every human being. However, this universalist structure is built upon a conflictual foundation, as the juridico-political meaning of freedom is determined by the boundaries of national citizenship, statehood, and territorial sovereignty. This chapter examines (...) refugeehood as a normal by-product of the post-colonial world order, embodying the counter-history of nation-states whose internal borders, walls, and external fortifications are growingly being militarised and reinforced. Refugeehood represents an anomalous juridico-political condition that cannot be elucidated by colonial-racial binaries such as inclusion versus exclusion or rightlessness versus national citizenship. The central idea of this chapter is that, for refugees, the meaning of freedom and unfreedom are intertwined and should be approached as a dynamic relationship characterising the state of (non)-subjectivity. As political (non)-subjects, refugees call structural determinations of unfreedom into question. Refugees’ freedom is expressed in the act of flight and border crossing, irregular migratory movement, language games of resistance, and other emancipatory signifying practices by which they claim a place of refuge in the world. (shrink)

The aim of this study is to justify the belief that there are biological normative mechanisms that fulfill non-trivial causal roles in the explanations (as formulated by researchers) of actions and behaviors present in specific systems. One example of such mechanisms is the predictive mechanisms described and explained by predictive processing (hereinafter PP), which (1) guide actions and (2) shape causal transitions between states that have specific content and fulfillment conditions (e.g. mental states). Therefore, I am guided by a (...) specific theoretical goal associated with the need to indicate those conditions that should be met by the non-trivial theory of normative mechanisms and the specific models proposed by PP supporters. In this work, I use classical philosophical methods, such as conceptual analysis and critical reflection. I also analyze selected studies in the field of cognitive science, cognitive psychology, neurology, information theory and biology in terms of the methodology, argumentation and language used, in accordance with their theoretical importance for the issues discussed in this study. In this sense, the research presented here is interdisciplinary. My research framework is informed by the mechanistic model of explanation, which defines the necessary and sufficient conditions for explaining a given phenomenon. The research methods I chose are therefore related to the problems that I intend to solve. In the introductory chapter, “The concept of predictive processing”, I discuss the nature of PP as well as its main assumptions and theses. I also highlight the key concepts and distinctions for this research framework. Many authors argue that PP is a contemporary version of Kantianism and is exposed to objections similar to those made against the approach of Immanuel Kant. I discuss this thesis and show that it is only in a very general sense that the PP framework is neo-Kantian. Here we are not dealing with transcendental deduction nor with the application of transcendental arguments. I argue that PP is based on reverse engineering and abduction inferences. In the second part of this chapter, I respond to the objection formulated by Dan Zahavi, who directly accuses this research framework of anti-realistic consequences. I demonstrate that the position of internalism, present in the so-called conservative PP, does not imply anti-realism, and that, due to the explanatory role played in it by structural representations directed at real patterns, it is justified to claim that PP is realistic. In this way, I show that PP is a non-trivial research framework, having its subject, specific methods and its own epistemic status. Finally, I discuss positions classified as the socalled radical PP. In the chapter “Predictive processing as a Bayesian explanatory model” I justify the thesis according to which PP offers Bayesian modeling. Many researchers claim that the brain is an implemented statistical probabilistic network that is an approximation of the Bayesian 7 rule. In practice, this means that all cognitive processes are to apply Bayes' rule and can be described in terms of probability distributions. Such a solution arouses objections among many researchers and is the subject of wide criticism. The purpose of this chapter is to justify the thesis that Bayesian PP is a non-trivial research framework. For this purpose, I argue that it explains certain phenomena not only at the computational level described by David Marr, but also at the level of algorithms and implementation. Later in this chapter I demonstrate that PP is normative modeling. Proponents of the use of Bayesian models in psychology or decision theory argue that they are normative because they allow the formulation of formal rules of action that show what needs to be done to make a given action optimal. Critics of this approach emphasize that such thinking about the normativity of Bayesian modeling is unjustified and that science should shift from prescriptive to descriptive positions. In a polemic with Shira Elqayam and Jonathan Evans (2011), I show that the division they propose into prescriptivism and Bayesian descriptivism is apparent, because, as I argue, there are two forms of prescriptivism, i.e. the weak and the strong. I argue that the weak version is epistemic and can lead to anti-realism, while the strong version is ontic and allows one to justify realism in relation to Bayesian models. I argue that a weak version of prescriptivism is valid for PP. It allows us to adopt anti-realism in relation to PP. In practice, this means that you can explain phenomena using Bayes' rule. This does not, however, imply that they are Bayesian in nature. However, the full justification of realism in relation to the Bayesian PP presupposes the adoption of strong prescriptivism. This position assumes that phenomena are explained by Bayesian rule because they are Bayesian as such. If they are Bayesian in nature, then they should be explained using Bayesian modeling. This thesis will be substantiated in the chapters “Normative functions and mechanisms in the context of predictive processing” and “Normative mechanisms and actions in predictive processing”. In the chapter “The Free Energy Principle in predictive processing”, I discuss the Free Energy Principle (hereinafter FEP) formulated by Karl Friston and some of its implications. According to this principle, all biological systems (defined in terms of Markov blankets) minimize the free energy of their internal states in order to maintain homeostasis. Some researchers believe that PP is a special case of applying this principle to cognition, and that predictive mechanisms are homeostatic mechanisms that minimize free energy. The discussion of FEP is important due to the fact that some authors consider it to be important for explanatory purposes and normative. If this is the case, then FEP turns out to be crucial in explaining normative predictive mechanisms and, in general, any normative biological mechanisms. To define the explanatory possibilities of this principle, I refer to the discussion of its supporters on the issue they define as the problem of continuity and discontinuity between life and mind. A critical analysis of this discussion and the additional arguments I have formulated have allowed me to revise the explanatory ambitions of FEP. I also reject the belief that this principle is necessary to explain the nature of predictive mechanisms. I argue that the principle formulated and defended by Friston is an important research heuristic for PP analysis. 8 In the chapter “Normative functions and mechanisms in predictive processing”, I start my analyzes by formulating an answer to the question about the normative nature of homeostatic mechanisms. I demonstrate that predictive mechanisms are not homeostatic. I defend the view that a full explanation of normative mechanisms presupposes an explanation of normative functions. I discuss the most important proposals for understanding the normativity of a function, both from a systemic and teleosemantic perspective. I conclude that the non-trivial concept of a function must meet two requirements which I define as explanatory and normative. I show that none of the theories I have invoked satisfactorily meets both of these requirements. Instead, I propose a model of normativity based on Bickhard's account, but supplemented by a mechanistic perspective. I argue that a function is normative when: (1) it allows one to explain the dysfunction of a given mechanism; (2) it contributes to the maintenance of the organism's stability by shaping and limiting possible relations, processes and behaviors of a given system; and when (3) (according to the representational and predictive functions) it enables explaining the attribution of logical values of certain representations / predictions. In such an approach, a mechanism is normative when it performs certain normative functions and when it is constitutive for a specific action or behavior, despite the fact that for some reason it cannot realize it either currently or in the long-term. Such an understanding of the normativity of mechanisms presupposes the acceptance of the epistemic hypothesis. I argue that this hypothesis is not cognitively satisfactory, and therefore the ontic hypothesis should be justified, which is directly related to adopting the position of ontic prescriptivism. For this reason, referring to the mechanistic theory of scientific explanations, I formulate an ontical interpretation of the concept of a normative mechanism. According to this approach, a mechanism or a function is normative when they perform such and such causal roles in explaining certain actions and behaviors. With regard to the normative properties of predictive mechanisms and functions, this means that they are the causes of specific actions an organism carries out in the environment. In this way, I justify the necessity of accepting the ontic hypothesis and rejecting the epistemic hypothesis. The fifth chapter, “Normative mechanisms and actions in predictive processing”, is devoted to the dark room problem and the related exploration-exploitation trade-off. A dark room is the state that an agent could be in if it minimized the sum of all potential prediction errors. I demonstrate that, in accordance with the basic assumption of PP about the need for continuous and long-term minimization of prediction errors, such a state should be desirable for the agent. Is it really so? Many authors believe it is not. I argue that the test of the value of PP is the possibility of a non-trivial solution of this problem, which can be reduced to the choice between active and uncertainty-increasing exploration and safe and easily predictable exploitation. I show that the solution proposed by PP supporters present in the literature does not enable a fully satisfactory explanation of this dilemma. Then I defend the position according to which the full explanation of the normative mechanisms, and, subsequently, the solution to the dilemma of exploration and exploitation, involves reference to the existence of constraints present in the environment. The constraints 9 include elements of the environment that make a given mechanism not only causal but also normative. They are therefore key to explaining the predictive mechanisms. They do not only play the role of the context in which the mechanism is implemented, but, above all, are its constitutive component. I argue that the full explanation of the role of constraints in normative predictive mechanisms presupposes the integration of individual models of specific cognitive phenomena, because only the mechanistic integration of PP with other models allows for a non-trivial explanation of the nature of normative predictive mechanisms that would have a strong explanatory value. The explanatory monism present in many approaches to PP makes it impossible to solve the problem of the dark room. Later in this chapter, I argue that the Bayesian PP is normative not because it enables the formulation of such and such rules of action, but because the predictive mechanisms themselves are normative. They are normative because they condition the choice of such and such actions by agents. In this way, I justify the hypothesis that normative mechanisms make it possible to explain the phenomenon of agent motivation, which is crucial for solving the dark room problem. In the last part of the chapter, I formulate the hypothesis of distributed normativity, which assumes that the normative nature of certain mechanisms, functions or objects is determined by the relations into which these mechanisms, functions or objects enter. This means that what is normative (in the primary sense) is the relational structure that constitutes the normativity of specific items included in it. I suggest that this hypothesis opens up many areas of research and makes it possible to rethink many problems. In the “Conclusion”, I summarize the results of my research and indicate further research perspectives. (shrink)

This chapter concerns the normativity of the concepts of paternalism and libertarian paternalism. The first concept is central in evaluating public health policy, but its meaning is controversial. The second concept is equally controversial and has received much attention recently. It may or may not shape the future evaluation of public health policy. In order to facilitate honest and fruitful debate, I consider three approaches to these concepts, in terms of their normativity. Concepts, I claim, may be considered nonnormative, (...) normatively charged, or normative in that they involve more complex relationships between values or duties. While the last approach is often best, other approaches may be appropriate depending on the context and purpose of discussion. The chapter’s conceptual investigation is illustrated by application to two public health policies: a tax on the consumption of fat and the encouragement of health-promoting food displays in restaurants and supermarkets. (shrink)

Frege claims that the laws of logic are characterized by their “generality,” but it is hard to see how this could identify a special feature of those laws. I argue that we must understand this talk of generality in normative terms, but that what Frege says provides a normative demarcation of the logical laws only once we connect it with his thinking about truth and science. He means to be identifying the laws of logic as those that (...) appear in every one of the scientific systems whose construction is the ultimate aim of science, and in which all truths have a place. Though an account of logic in terms of scientific systems might seem hopelessly antiquated, I argue that it is not: a basically Fregean account of the nature of logic still looks quite promising. (shrink)

The term ‘functionalism’ is usually heard in connection with the philosophy of mind or cognition. The functionalism of Wilfrid Sellars, however, is in the first instance as response to the worries about the metaphysics not of mental states, but of meaning. Only late in his career did Sellars explore the possibility of extending his functionalism into an account of cognition. It has been suggested, though, that Sellars’ extension of his functionalist theory into subpersonal territory is not successful. In particular, there (...) is a worry abroad that in order to be a functionalist about cognitive states, Sellars must succumb to a special form of the Myth of the Given. In this essay I will review and elucidate what I take to be the structure of Sellars’ functionalism, defending it from this worry. I will suggest a resolution of some apparent textual contradictions based in part on the chronology of Sellars’ writing, with the assumption that later writings express Sellars’ more nuanced views. -/- Draft of 2009. (shrink)

(English:) This contribution attempts a first non-normative approach to the problem of the classic, its definition and its meaning in an age of globalization. It reviews a series of common representations of the classic (and other analogous or contrary terms), stressing the programmatic-ideological aspect that generally characterizes them. Classic, actually, tends to be a foundational category, and therefore rests on delimitations that determine its exclusiveness as opposed to something else. This paper, in particular, criticizes the last boundary of (...) the exclusivity of the classic, that is, its normative opposition to fashion and actuality. On the contrary, it is argued that there is a substantial link between classic, actuality and fashion. On the basis of this connection, two deflationary definitions of the classic are proposed: the first regards it as part of the broader process of construction of historical identity by concrete individuals. The second, on the other hand, conceives it as a product of art, and, therefore, of a formative process of abilities, skills, taste, by which the classic becomes the object of technical, aesthetic and teleological judgments. -/- (Spanish:) En esta contribución se intenta una primera aproximación no normativa al problema del clásico, su definición y su significado en una era de globalización. Se revisa una serie de representaciones comunes sobre lo clásico (y otros términos análogos o contrarios), se destaca el aspecto programático-ideológico que por lo general las caracteriza. Clásico, en efecto, tiende a ser una categoría fundacional, por lo cual se apoya en delimitaciones que determinan su exclusividad por oposición a otra cosa. En este trabajo, en particular, se critica la última frontera de la exclusividad de lo clásico, es decir, su oposición normativa a la moda y la actualidad. Por el contrario, se argumenta que existe un vínculo sustancial entre el clásico, la actualidad y la moda. A partir de esta conexión, se proponen dos definiciones deflacionarias del clásico: la primera lo considera parte del proceso más amplio de construcción de la identidad histórica por parte de individuos concretos. El segundo, en cambio, lo concibe como un producto del arte, y, por tanto, de un proceso de formación de competencias, habilidades, gusto, por el cual el clásico se convierte en objeto de juicios técnicos, estéticos y teleológicos. (shrink)

Given the conceptual gap in the global justice debate today (where most of the talk is about the duties of the rich, but little is said about what the poor may do for themselves), in this article I reintroduce the idea of a right of necessity. I first delineate a normative framework for such a right, inspired by these historical accounts. I then offer a contemporary case where the exercise of the right of necessity would be morally legitimate according (...) to that framework – even though illegal and probably condemned by the standard moral norms. The case is that of a small group of Paraguayan campesinos (small farmers) suffering from the effects of a severe drought. In the third part, I introduce the concept of noncivil disobedience: I call an act of noncivil disobedience a conscientious, public, illegal and forcible act whose performance, while not necessarily intended directly as a means to bring about social and/or political change, may help to trigger these changes indirectly. In the fourth part, I suggest that certain instances where the right of necessity is overtly exercised – as in the case of the famine-struck Paraguayan campesinos – may also be interpreted in terms of noncivil disobedience, insofar as they serve a double function: as a means of satisfying immediate need, and as a marker of discontent in a society where the equal rights of individuals are a nominal ideal which remains unfulfilled in practice. I then address two objections that may be raised against resurrecting the idea of a right of necessity and identifying it in certain instances with noncivil disobedience. I conclude by suggesting that, at the point of convergence between the two, a basic right like the right of necessity recovers its value as an active, (rather than passive) entitlement of its holders, while the use of force enters the picture as a legitimate means that – at least under certain circumstances – may be resorted to within the limits of civil society. (shrink)

According to Amie Thomasson’s modal normativism, the function of modal discourse is to convey semantic rules. But what is a "semantic rule"? I raise three worries according to which there is no conception of a semantic rule that can serve the needs of a modal normativist. The first worry focuses on de re and a posteriori necessities. The second worry concerns Thomasson's inferential specification of the meaning of modal terms. The third worry asks about the normative status of (...) semantic rules. (shrink)

In this essay I will attempt to explain the significance of Stephen Bantu Biko's life. This I will do in terms of his intellectual contribution to the liberation of black people from the radically unjust apartheid society in South Africa. Firstly, I will discuss his contribution to liberate blacks psychologically from the political system of apartheid, pointing out how he broke through the normative and pragmatic acceptance of the situation in the radically unjust apartheid society. He experienced black (...) people as being defeated people, and he wanted to direct their attention to the fact that the cause of their unjust situation was other human beings and thus they could change it. Secondly, I point out how he gave black people a new self-understanding and self worth. One way of doing this was by means of community projects which fostered self-reliance. For Biko it was important that black people should act autonomously, and not let other people make decisions on their behalf. They also had to re-evaluate their cultural heritage to discover the positive aspects thereof. Lastly, I focus on his views on his ideal for a future just South Africa and show how important he regarded dialogue as a political tool. (shrink)

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

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and (...) ratified: subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)