We dwell in a world of physical things. When it comes to the environments that we live in, we usually become oriented to the place, and eventually feel at home in it. Facing death during war and pandemic are times of extreme disorientation, and we sometimes exhibit an impulse to flee. It is no wonder that in those desperate times, some with means and ability consider fleeing to a safer place. But are we morally obliged to act in ways that (...) would ask us to sacrifice our deepest personal commitments and projects for others to meet their commitments and projects? It is argued here that fleeing Bosnia and Herzegovina during wartime, like what happened in the 90s, and fleeing a city during a pandemic may be morally decent actions. However, it is also an issue of political decency and fractured friendships. In cases or war and pandemic, returning home to contribute to the well-being of those they left behind may be morally and politically decent, but the fractured friendships may contribute to normative ambiguity. Why would anyone trust them again and regard them as a loyal friend? Perhaps reestablishing those trusting friendships may require those who remained behind to do what is supererogatory, i.e., doing more than can reasonably be asked of them, which in this case amounts to forgiving those who fled and giving them a second chance by welcoming them back home. (shrink)

This chapter examines the legacy of Kuhn’s Structure for normative philosophy of science. As an argument regarding the history of 20th century philosophy of science, I contend that the main legacy of Structure was destructive: Structure shifted philosophy of science away from addressing general normative philosophical issues (e.g., the demarcation problem, empirical testability) towards more deflationary and local approaches to normative issues. This is evident in the first generation of post-Structure philosophers of science in the 1980s and (...) 1990s, who adopted a pluralist approach to HPS. As a metaphilosophical argument regarding the methods adopted in HPS, I argue that there are a plurality of legitimate philosophical methodologies for inferring normative claims from historical cases. I frame this argument as a response to Pitt’s dilemma of case studies. I reject Pitt’s dilemma for its presupposition of an unrealistic and unfruitful standard (viz., epistemic certainty) for assessing HPS arguments and its analysis of philosophical methodology at the level of individual arguments. Pitt’s dilemma is most usefully understood as identifying potential points of criticism for HPS arguments. -/- The chapter begins with an examination of Kuhn’s normative philosophy of science in Structure and his position that historical cases provide evidence for philosophical claims. Kuhn’s philosophical methodology is insufficiently articulated, and his utilization of case studies is subject to objections (viz., interpretative bias, hasty generalization) implied by Pitt’s dilemma. I subsequently examine four post-Kuhnian methodological perspectives: (1) Ian Hacking’s particularism, (2) Helen Longino’s practice-based approach, (3) Michael Friedman’s neo-Kantianism, and (4) Hasok Chang’s complementary science. These views suggest alternative methodological strategies in HPS for addressing normative issues. I conclude by articulating some outstanding methodological challenges for the pluralist tradition of HPS—associated with the Stanford and Minnesota schools of philosophy of science—that emerged in the 1980s and remains influential. (shrink)

This paper critically evaluates institution reconstructing critique—the central methodological strategy employed by Axel Honneth in his latest book Freedom’s Right designed to articulate and justify the normative standards employed by a critical theory of the present. It begins by considering, at a general level, the promises and limits of three ideal-typical normative methodologies of social critique: first principles critique, intuition refining critique, and institution reconstructing critique. It then turns to the details of Honneth’s history and diagnosis of market (...) spheres of society as one key example of institution reconstruction critique. This leads to a consideration of some challenges facing this kind of critique, paying particular attention to problems posed by alternative reconstructions of the same data. It argues, in particular, that there is a troubling indeterminacy in this reconstruction, since alternative teleologies yield substantively different normative analyses of capitalism, and hence substantively different social critiques. In conclusion, the paper suggests some methodological remedies which might need to be adopted in order to make good on the promise of institution reconstructing critique while avoiding some of its most challenging problems. (shrink)

The idea that ambiguity can be productive in data science remains controversial. Efforts to make scientific publications and data intelligible to computers generally assume that accommodating multiple meanings for words, known as polysemy, undermines reasoning and communication. This assumption has nonetheless been contested by historians, philosophers, and social scientists, who have applied qualitative research methods to demonstrate the generative and strategic value of polysemy. Recent quantitative results from linguistics have also shown how polysemy can actually improve the efficiency of (...) human communication. I present a new conceptual typology based on a synthesis of prior research about the aims, norms, and circumstances under which polysemy arises and is evaluated. The typology supports a contextual pluralist view of polysemy’s value for scientific research practices: polysemy does both substantial positive and negative work in science, but its utility is context-sensitive in ways that are often overlooked by the norms people have formulated to regulate its use, including prior scholars researching polysemy. I also propose that historical patterns in the use of partial synonyms, i.e. terms with overlapping meanings, provide an especially promising phenomenon for integrative research addressing these issues. (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)

Despite the fact that Aristotle and Frege/Russell differ in how to understand the ambiguity in the meaning of the word “is”, their theories share a common feature: “is” does not have a normative meaning. This paper, however, (I) shows (a) that there is a normative meaning of “is” (and correspondingly a constative meaning of the word “ought”) and (b) that the ambiguity of “is” is itself ambiguous. Furthermore, it proposes (c) a performative criterion for making a (...) distinction between constative and normative “is”. Thereby, (II) a new interpretation of Kant’s critique of the ontological argument (CPR A 598/B626) makes sense: The difference between being as a real predicate and being as a position depends on the difference between “is” as a descriptive and “is” as a normative predicate. (III) The criterion also makes possible a new answer to Leibniz’s and Schelling’s question, “Why is there something rather than nothing?”: The “is” in “there is something” is normative and the question means “Why shall there be something rather than nothing?”. As “there shall be nothing” is self-refuting, the question evokes an ultimate foundation in a practical sense. (shrink)

Immersing in the virtual world of the Internet, information and communication technologies are changing the human being. In spite of the apparent similarity of on-line and off-line, social laws of their existence are different. According to the analysis of games, based on the violation of the accepted laws of the world off-line, their censoring, as well as the cheating, features of formation and violations of social norms in virtual worlds were formulated. Although the creators of the games have priority in (...) the standardization of the virtual world, society as well as players can have impact on it to reduce the realism. The violation of the prescribed rules by a player is regarded as cheating. And it is subjected to sanctions, but the attitude toward it is ambiguous, sometimes positive. Some rules are formed as a result of the interaction between players. (shrink)

Despite the fact that Aristotle and Frege/Russell differ in how to understand the ambiguity in the meaning of the word "is", their theories share a common feature: "is" does not have a normative meaning, but a constative meaning. This paper, however, shows (1) that there is a normative meaning of "is" (and correspondingly a constative meaning of the word "ought") and (2) that the ambiguity of "is" is itself ambiguous. Furthermore, the paper proposes (3) a performative (...) criterion for making a distinction between constative and normative "is". Thereby, it is possible to attack Searle's famous argument against Hume's law. (shrink)

Everyday (mis)uses of deepfakes define prevailing conceptualizations of what they are and the moral stakes in their deployment. But one complication in understanding deepfakes is that they are not photographic yet nonetheless manipulate lens-based recordings with the intent of mimicking photographs. The harmfulness of deepfakes, moreover, significantly depends on their potential to be mistaken for photographs and on the belief that photographs capture actual events, a tenet known as the transparency thesis, which scholars have somewhat ironically attacked by citing digital (...) imaging techniques as counterexamples. Combining these positions, this paper sets out two core points: (1) that conceptions about the nature of photography introduce imperatives about its uses; and (2) that popular cultural understandings of photography imply normative ideas that infuse our encounters with deepfakes. Within this, I further raise the question of what moral ground deepfakes occupy that allows them to have such a potentially devastating effect. I show that answering this question involves reinstating the notion that photographs are popularly conceived of as transparent. The rejoinder to this argument, however, is that to take the sting out of deepfakes we must, once again, become skeptical of the veracity of all images, including photoreal ones. This kind of critical mindedness was warranted before the invention of photography for both pictorial imprints and written accounts from various media sources. Given this, along with the fact that photographic trickery is nothing new, deepfakes need not push us into a post-truth epistemic abyss, for they imply a decidedly old turn. (shrink)

In recent years noise seems to have become an interdisciplinary concept par excellence, apt to capturing important dynamics at work whether in technological, scientific, social, or aesthetic domains. But when economists, biologists, psychologists, and musicians speak of noise, are they really all referring to the same thing? In An Epistemology of Noise Cecile Malaspina takes this dispersion of the notion of noise as a starting point, and moreover accepts that, when removed from its mathematical formulation in information theory and spread (...) into diverse disciplines, noise takes on a metaphorical ambiguity. Yet rather than aiming to eliminate this ambiguity, Malaspina sets out to account for it. The key problem in An Epistemology of Noise is not to identify the legitimate usage of the concept of noise, but rather to examine what happens when noise moves between disciplines, and what the ‘noisiness’ of this movement tells us about the conditions for interdisciplinary knowledge. Noise here is both an object (or many objects) of inquiry and a condition for that inquiry, and presents us with the problem of how knowledge can find its ground in these ‘shifting sands’ (9). (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)

In this paper, I argue that Constructive Empiricism (CE) is ambiguous between two interpretations: CE as a normative epistemology of science and CE as a descriptive philosophy of science. When they present CE, constructive empiricists write as if CE is supposed to be more than a normative epistemology of science and that it is meant to be responsible to actual scientific practices. However, when they respond to objections, constructive empiricists fall back on a strictly normative interpretation of (...) CE. This ambiguity seems to make CE immune to objections in a rather ad hoc fashion. (shrink)

Most psychological and philosophical theories assume that we know what we feel. This general view is often accompanied by a range of more specific claims, such as the idea that we experience one emotion at a time, and that it is possible to distinguish between emotions based on their cognition, judgment, behaviour, or physiology. One common approach is to discriminate emotions based on their motivations or ultimate goals. Some argue that empathic distress, for instance, has the potential to motivate empathic (...) concerns; personal distress, on the other hand, is self-oriented and motivates egoistic concerns. In this paper, I argue against this and similarly teleological views of emotions and affect. Through a close study of the emotional breakdown of an American drone operator, I make the case that understanding our emotions entails much more ambiguity than dominant theories assume. In our emotional lives, disorientation and confusion are often the norm. (shrink)

This essay examines an ambiguity in Hans Kelsen’s theory of a norm. On the one hand, Kelsen claims to adhere to what he considers the ‘is/ought’ dichotomy. Kelsen claims that he is describing what really is. On the other hand, Kelsen seems to be understanding the is/ought dichotomy in a very different manner than that by which his contemporaries or, indeed, today’s readers understand the distinction. The clue to this ambiguity is Kelsen’s understanding of a norm. Although legal (...) existence is said to rest with norms, this existence is very different than an existence constituted from social behaviour. Instead, in Kelsen’s view, a norm is a signifying relation between a sign and a cognitive object. Kelsen’s theory of language, however, is very different from a theory of speech acts. When addressing why a norm is binding, we find that Kelsen’s full theory of language excludes important phenomena in order to retain its purity. (shrink)

If we compare it with the fellow notion of liberty, equality has an ambivalent place in modern political thinking. Whilst it counts as one of the fundamental norms, many think that equality is valuable only as a way to realise some features of liberty. I take a historical perspective on this issue, and try to identify some of the pre-modern roots of such an ambivalent attitude towards equality. I do this by using Jacques Rancière’s political model as an analytical framework (...) and by taking a visual route, focusing on classical iconographic representations in which equality was present in the images’ subtexts. Ambrogio Lorenzetti’s allegory of good government is one iconic exposition of equality as a positive condition of civil peace. Already there, however, the positive value of equality is counterposed to the figure of violent retributive justice. Similarly, in the Christian narrative, equality is endorsed as the original condition of creatures under God, but is also associated with violent death. This signals one pre-modern root behind the ambivalence towards equality, particularly when the latter is understood dynamically, as levelling. Such a reversal of value finds an apotheosis, I suggest, in the revolutionary icon of the guillotine, a dramatic representation of equalisation that had a strong influence on modern political thinking. In J. E. Millais’ first painting, of Jesus in the House of his Parents, I find a more positive legacy of Christian equality in modern political thinking. (shrink)

Kant’s conception of mental illness is unlikely to satisfy contemporary readers. His classifications of mental illness are often fluid and ambiguous, and he seems to attribute to human beings at least some responsibility for preventing mental illness. In spite of these apparent disadvantages, I argue that Kant’s account of mental illness can be illuminating to his views about the normative dimensions of human cognition. In contrast to current understandings of mental illness, Kant’s account is what I refer to as (...) “non-pathological.” That is, most mental illnesses are for Kant continuous with normally functioning cognition. Someone with a healthy reason can easily fall into mental illness and someone with mental illness can (perhaps not as easily) re-establish healthy reason. By accepting a non-pathological definition of mental illness, it follows for Kant that humans have more agency and responsibility regarding their mental health than current views allow, which explains why several of his writings aim to prescribe a “diet of the mind” (2:271). Contrary to popular readings of Kant as a champion of reason’s power, Kant’s conception of mental illness shows that he recognizes how fragile human reason can be. (shrink)

The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an intended (...) audience. The second theory portrays the law as a mode of interpretation, whereby judges, officials, and ordinary citizens make decisions about how the law applies in various practical contexts. The law's meaning is that furnished by its interpreters. According to this theory, law is a receptacle into which decision-makers pour meaning. The third viewpoint argues that these theories, while not altogether wrong, are incomplete because they downplay or ignore the autonomous meaning that the law itself possesses. This theory suggests that the law is basically a mode of participation, whereby legislators, judges, officials, and ordinary people attune themselves to an autonomous field of legal meaning. The law's meaning is grounded in a body of social practice which is independent of both the law's authors and its interpreters and which is infused with basic values and principles that transcend the practice. On this view, law is the emblem of meaning that lies beyond it. -/- Elements of all three theories are present in H.L.A. Hart's influential work, The Concept of Law, which attempts to fuse them into a single, all-encompassing theory. Nevertheless, as we will argue here, the attempt is not successful. Any true reconciliation of the communication and interpretation theories can only take place within the framework of a fully developed participation theory. In the early stages of his work, Hart lays the foundation for such a theory. However, his failure to elaborate it in a thoroughgoing way renders the work incomplete and ultimately unbalanced. As we will see, there is something to be learned from this failure. (shrink)

The paper focuses on the “spillover thesis” which constitutes a pillar of much of contemporary participatory democratic theory; specifically, we assess the claim that workplace democratization leads to a higher degree of political participation amongst labourers. The paper analyses the thesis as formulated by Carole Pateman, including its later revisions triggered by ambiguous results of empirical studies aiming to (dis)prove it. The spillover thesis is then confronted with important methodological and theoretical critiques, the upshot being that in order to be (...) able to arrive at determinate conclusions, more carefully designed empirical studies are needed. Normatively speaking, however, blame can always be laid on the wider environment of market economy and/or representative democracy, to the effect that the spillover thesis is both difficult to disprove and radically subversive. Given the recent dominance of deliberative democratic theory which incorporates a strong participatory element, we finally discuss whether a recent innovation – namely, the concept of deliberative systems – could be fruitfully employed as a flexible umbrella-type framework for the spillover thesis and the participatory ideals related to it. (shrink)

Throughout his lectures and published writings on anthropology, Kant describes a form of unintentional, unstructured, obscure, and pleasurable imaginative mental activity, which he calls fantasy (Phantasie), where we ‘take pleasure in letting our mind wander about in obscurity.’ In the context of his pragmatic anthropology, Kant was concerned not only to describe this form of mental activity as a fact of human psychology, but more importantly, to criticize and discourage it. But must we share Kant’s negative evaluation? Could fantasy play (...) a positive role in some kinds of experience? In this paper I first reconstruct Kant’s conception of fantasy, and then consider what role fantasy might play in aesthetic experience. Precisely because of his anxieties about fantasy, Kant is careful to distinguish between the lawless freedom of the imagination in fantasy and the ‘free lawfulness’ of the imagination in aesthetic judgment. Departing from Kant, and with help from Susan Sontag, I argue that certain aesthetic objects, especially certain works of modernist art, positively invite fantasy, making fantasy part of proper aesthetic appreciation. I conclude by suggesting that while fantasy can indeed play a positive role in aesthetic appreciation, there is still reason to regard fantasy as ‘normatively ambiguous.’. (shrink)

On 26 July 2016, Satoshi Uematsu murdered 19 and injured 26 at a caregiving facility in Sagamihara, Japan, making it the country’s worst mass killing since WWII. In this article, I offer an analysis of the Sagamihara 19 massacre. I draw on the work of Julia Kristeva and Emmanuel Levinas to argue that claims about disability experience are insufficient to justify normative projects. In short, disability is normatively ambiguous.

Rules are meant to apply equally to all within their jurisdiction. However, some rules are frequently broken without consequence for most. These rules are only occasionally enforced, often at the discretion of a third-party observer. We propose that these rules—whose violations are frequent, and enforcement is rare—constitute a unique subclass of explicitly codified rules, which we call ‘phantom rules’ (e.g., proscribing jaywalking). Their apparent punishability is ambiguous and particularly susceptible to third-party motives. Across six experiments, (N = 1440) we validated (...) the existence of phantom rules and found evidence for their motivated enforcement. First, people played a modified Dictator Game with a novel frequently broken and rarely enforced rule (i.e., a phantom rule). People enforced this rule more often when the “dictator” was selfish (vs. fair) even though the rule only proscribed fractional offers (not selfishness). Then we turned to third person judgments of the U.S. legal system. We found these violations are recognizable to participants as both illegal and commonplace (Experiment 2), differentiable from violations of prototypical laws (Experiments 3) and enforced in a motivated way (Experiments 4a and 4b). Phantom rule violations (but not prototypical legal violations) are seen as more justifiably punished when the rule violator has also violated a social norm (vs. rule violation alone)—unless the motivation to punish has been satiated (Experiment 5). Phantom rules are frequently broken, codified rules. Consequently, their apparent punishability is ambiguous, and their enforcement is particularly susceptible to third party motives. (shrink)

Reasons can play a variety of roles in a variety of contexts. For instance, reasons can motivate and guide us in our actions (and omissions), in the sense that we often act in the light of reasons. And reasons can be grounds for beliefs, desires and emotions and can be used to evaluate, and sometimes to justify, all these. In addition, reasons are used in explanations: both in explanations of human actions, beliefs, desires, emotions, etc., and in explanations of a (...) wide range of phenomena involving all sorts of animate and inanimate substances. This diversity has encouraged the thought that the term 'reason' is ambiguous or has different senses in different contexts. Moreover, this view often goes hand in hand with the claim that reasons of these different kinds belong to different ontological categories: to facts (or something similar) in the case of normative/justifying reasons, and to mental states in the case of motivating/explanatory reasons. In this paper I shall explore some of the main roles that reasons play and, on that basis, I shall offer a classification of kinds of reasons. As will become clear, my classification of reasons is at odds with much of the literature in several respects: first, because of my views about how we should understand the claim that reasons are classified into different kinds; second, because of the kinds into which I think reasons should be classified; and, finally, because of the consequences I think this view has for the ontology of reasons. (shrink)

When speaking of the philosophical importance of James’s late style, critics and philosophers have taken two broad approaches. One route, exemplified by Martha Nussbaum, attributes this style to the sensitivity of the characters. The other, exemplified by Robert Pippin, attributes the writing’s complexity to the ambiguities of the moral codes during this period of history. In my reading, James’s texts address a more general problem of modernity, which is the flattening of the lifeworld (Lebenswelt) by disengaged approaches to both epistemology (...) and morality, the reduction of the lifeworld to the environment (Umwelt). James’s works open an ontological dimension to the question of language and normativity, a question that modernity’s moral languages—whether based on deontology, utility, or virtue—fail to articulate. His texts interrogate what normativity is rather than just portraying the sensitivity of the characters or uncertainty of the historical moment, although both of those readings are certainly justified. (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task (...) was that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

In this article, I present a new interpretation of the pro-life view on the status of early human embryos. In my understanding, this position is based not on presumptions about the ontological status of embryos and their developmental capabilities but on the specific criteria of rational decisions under uncertainty and on a cautious response to the ambiguous status of embryos. This view, which uses the decision theory model of moral reasoning, promises to reconcile the uncertainty about the ontological status of (...) embryos with the certainty about normative obligations. I will demonstrate that my interpretation of the pro-life view, although seeming to be stronger than the standard one, has limited scope and cannot be used to limit destructive research on human embryos. (shrink)

The phenomenon of ambivalence is an important one for any philosophy of action. Despite this importance, there is a lack of a fully satisfactory analysis of the phenomenon. Although many contemporary philosophers recognize the phenomenon, and address topics related to it, only Harry Frankfurt has given the phenomenon full treatment in the context of action theory - providing an analysis of how it relates to the structure and freedom of the will. In this paper, I develop objections to Frankfurt's account, (...) all revolving around the charge that his account contains a serious ambiguity between willing and identifying. With such objections in place, I then develop an analysis that avoids the difficulties and ambiguities that Frankfurt's analysis is prey to. I briefly distinguish ambivalence from other types of internal conflict. This paper aims to offer conceptual clarification on the phenomenon of ambivalence, which will then allow for discussions about the normative merits and demerits of ambivalence, the effects of ambivalence on autonomous action, and methods of resolution of ambivalence. (shrink)

In ‘Language and Race’, Luvell Anderson, Sally Haslanger, and Rae Langton highlight a slip of ambiguous expression exhibited by racial generics that harbor bad faith arguments, reduces social contingencies to racial essences, and masks oppression. They locate two psycholinguistic slips between classes of generics which communicate their use; one is between the characteristic generic and striking property generic and the other is between the characteristic generic and majority generic. I postulate three additional slips between classes of generics and speaker beliefs; (...) one between the characteristic generic and the normative generic, another between normative generics and a speaker’s belief set, and another slip from a speaker’s belief set to a striking property generic. Together, the slips between generic classes constitute both a reception theory of the meaning of subject S’s utterance and the generic belief (re)generation process that structures the passage an assertion takes from a singular definite belief to a reinforcing normative generic inference in a minimal structure I name the key schema. (shrink)

In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research on the prevalence of violation even within (...) consensual sex suggest that consent is insufficient to ground responsibility; a more fundamental orientation toward the value of sexual agency provides a better foundation for sexual ethics. Using feminist critical theory, phenomenology, and black feminist thought, this dissertation develops a socially situated and relational notion of sexual agency and diagnoses how such agency is neglected in prevailing discussions of consent in moral philosophy and legal theory. I argue that the ethical question of responsibility to another in a sexual encounter—apart from juridical considerations—should be reframed around the value of each person’s socially situated practices of agency. Preceding and extending beyond the obligation to gain valid consent for an action, responsibility demands adapting one’s intentions and behaviors in response to the wider range of another’s communicative expressions of agency. However, communicative expressions can be ambiguous or overdetermined by social context and cultural norms; they often offer only provisional traces of agency. To address this inherent uncertainty in intimacy, I propose drawing on insights from Emmanuel Levinas about the dynamic, open-ended nature of relationality, responsibility, and communication. Responsibility toward another does not depend on securing certainty about their “yes” or “no,” but requires responding continuously under conditions of uncertainty and ambiguity, adapting behaviors and intentions to make room for another’s agency despite its opacity. (shrink)

Following Kelsen’s influential theory of law, the concept of validity has been used in the literature to refer to different properties of law (such as existence, membership, bindingness, and more), and so it is inherently ambiguous. More importantly, Kelsen’s equivalence between the existence and the validity of law prevents us from accounting satisfactorily for relevant aspects of our current legal practices, such as the phenomenon of “unlawful law.” This chapter addresses this ambiguity to argue that the most important function (...) of the concept of validity is constituting the complex ontological paradigm of modern law as an institutional-normative practice. In this sense, validity is an artificial ontological status that supervenes on that of the existence of legal norms, thus allowing law to regulate its own creation and creating the logical space for the occurrence of “unlawful law.” This function, I argue in the last part, is crucial to understanding the relationship between the ontological and epistemic dimensions of the objectivity of law. Given the necessary practice-independence of legal norms it is the epistemic accessibility of their creation that enables the law to fulfill its general action-guiding (and thus coordinating) function. (shrink)

We can contrast rationalising explanations of the form S φs because p with those of the form S φs because S believes that p. According the Common Kind View, the two sorts of explanation are the same. The Disjunctive View denies this. This paper sets out to elucidate the sense in which the Common Kind Theorist asserts, but the Disjunctivist denies, that the two explanations are the same. I suggest that, in the light of the distinction between kinds of explanation (...) and particular explanations, the relevant sameness thesis is ambiguous, thus giving us two distinct versions of the Common Kind View. I then argue that the only direct arguments for Disjunctivism available in the literature fail because they only succeed in undermining one version of the Common Kind View. I finish, however, by providing a fresh argument for the Disjunctive View which aims to undermine both versions of its competitor. (shrink)

This chapter addresses an ambiguity in some of the literature on rational peer disagreement about the use of the term 'rational'. In the literature 'rational' is used to describe a variety of normative statuses related to reasons, justification, and reasoning. This chapter focuses most closely on the upshot of peer disagreement for what is rationally required of parties to a peer disagreement. This follows recent work in theoretical reason which treats rationality as a system of requirements among an (...) agent's mental states. It is argued that peer disagreement has either no, or a very limited, affect on what rationality requires of an agent in a given circumstance. This is in part because of difficulties generated by a novel example of evidence of evidence of p being evidence against p. This example calls into question the mechanisms whereby peer disagreement might affect what is rationally required of an agent. The chapter also reevaluates the importance of actual peer disagreement against the backdrop of prior expectations about whether disagreement is believed to be likely, arguing that peer disagreement is most likely to change what is rationally required of an agent when it is believed to be unlikely. (shrink)

Pragmatic vindicatory genealogies provide both a cause and a rationale and can thus affect the space of reasons. But how far is the space of reasons affected by this kind of genealogical argument? What normative and evaluative implications do these arguments have? In this paper, I unpack this issue into three different sub-questions and explain what kinds of reasons they provide, for whom are these reasons, and for what. In relation to this final sub-question I argue, most importantly, that (...) these arguments are ambiguous about what they give us reasons for, meaning that they can be interpreted both as justifications for recognizing the normative standing of certain norms, values, and practices - and thus for living by them - and as excuses for those that do so. I illustrate this point by reference to the genealogical vindication of honour cultures, showing how the vindicatory argument can illuminate such case as one of excusing moral ignorance. Drawing on legal theory and moral philosophy, I show that different evaluative and normative implications hang on the result of the interpretation as either justification or excuse, and show that this ambiguity is a virtue rather than a limitation. (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)

Most literature on religious beliefs and disagreements among traditions focuses on a bit of mainstream assumptions: religions should be construed in substantive terms; religions are to be individuated by their core belief systems; adherents to a single tradition assent to the same belief system; religious beliefs have factual content; incompatible religious beliefs cannot be both true; and so on. In my work I question all these claims in order to defend a non kantian approach to deep pluralism. In the first (...) part I develop a narrative theory of doxastic practices. My fundamental intuition is that ambiguity, vagueness, and indeterminacy of meaning are non amendable features of any ordinary belief. Consequently, no proposition has a definite meaning, and there is no a priori reason to assume that if two believers assume the same belief, they both hold the same content. What I'm trying to do is to argue in support of a realist epistemology, without assuming a normative and rationalist stance. My evidential body is mainly drawn from psychology and psychoanalysis. In the second part I apply such a narrative theory to the study of the doxastic character of religions. I reject both functionalist and substantive approaches to religion, and I defend my own viewpoint which I label experentialism. After providing a characterization of religious beliefs, I refute how Alston, Ward and Hick account for the the doxastic features of religions. I then propose a definition of religious diversity which turns out to be alternative to the mainstream one. I work by empirical evidence from semiotics, sociology of religion and history of religions. In the third and conclusive part of my book, I give reasons against the mainstream approach to religious diversity, and I explain how my definition can be more appropriate to the sociological study of religious beliefs than the mainstream one. Finally, I provide an account of deep pluralism, I show that my approach to religious epistemology and religions is compatible with (and recommended by) deep pluralism, I differentiate kantian from non kantian pluralism, and I explain why non kantian deep pluralism resists the traditional objections to pluralism. Throughout the book I discuss relevant materials from Hinduism, Judaism, Christianity, and Islam. (shrink)

In this article, we aim to map out the complexities which characterise debates about the ethics of vaccine distribution, particularly those surrounding the distribution of the COVID-19 vaccine. In doing so, we distinguish three general principles which might be used to distribute goods and two ambiguities in how one might wish to spell them out. We then argue that we can understand actual debates around the COVID-19 vaccine – including those over prioritising vaccinating the most vulnerable – as reflecting disagreements (...) over these principles. Finally, we shift our attention away from traditional discussions of distributive justice, highlighting the importance of concerns about risk imposition, special duties, and social roles in explaining debates over the COVID-19 vaccine. We conclude that the normative complexity this article highlights deepens the need for decision-making bodies to be sensitive to public input. (shrink)

There are many different meanings of sustainability and precaution and no evident connection between the new normative concepts and the traditional moral theories. We seek an ethical basis for sustainability and precaution—a common framework that can serve as a means of resolving the conceptual ambiguities of the new normative concepts and the conflicts between new and traditional moral concepts and theories. We employ a systemic approach to analyze the past and possible future extension of ethics and establish an (...) inclusive framework of ethical extension. This framework forms the basis for what we call a systemic ethic. (shrink)

”Meaningful human control” is a term invented in the political and legal debate on autonomous weapons system, but it is nowadays also used in many other contexts. It is supposed to specify conditions under which an artificial system is under the right kind of control to avoid responsibility gaps: that is, situations in which no moral agent is responsible. Santoni de Sio and Van den Hoven have recently suggested a framework that can be used by system designers to operationalize this (...) kind of control. It is the purpose of this paper to facilitate further operationalization of ”meaningful human control”. -/- This paper consists of two parts. In the first part I resolve an ambiguity that plagues current operationalizations of MHC. One of the design conditions says that the system should track the reasons of the relevant agents. This condition is ambiguous between the kind of reasons involved. On one interpretation it says that a system should track motivating reasons, while it is concerned with normative reasons on the other. Current participants in the debate interpret the framework as being concerned with (something in the vicinity of) motivating reasons. I argue against this interpretation by showing that meaningful human control requires that a system tracks normative reasons. Moreover, I maintain that an operationalization of meaningful human control that fails to track the right kind of reasons is morally problematic.When this is properly understood, it can be shown that the framework of MHC is committed to the agent-relativity of reasons. More precisely, I argue in the second part of this paper that if the tracking condition of MHC plays an important role in responsibility attribution (as the proponents of the view maintain), then the framework is incompatible with first-order normative theories that hold that normative reasons are agent-neutral (such as many versions of consequentialism). In the final section I present three ways forward for the proponent of MHC as reason-responsiveness. (shrink)

Claims that our species is an “evolutionary success” typically do not feature prominently in academic articles. However, they do seem to be a recurring trope in science popularization. Why do we seem to be attracted to viewing human evolution through the lense of “success”? In this chapter we discuss how evolutionary success has both causal-descriptive and ethical-normative components, and how its ethical status is ambiguous, with possible hints of anthropocentrism. We also place the concept of “success” in a wider (...) context of biological thought, contrasting it with two other value-laden concepts: evolutionary progress and human uniqueness. Claiming the human species to be an evolutionary success is ostensibly grounded in metrics such as the dominance or the size of the human population, but often goes beyond this, suggesting that humans are a unique species or the pinnacle of evolutionary progress. (shrink)

Here we focus on two questions: What is the proper semantics for deontic modal expressions in English? And what is the connection between true deontic modal statements and normative reasons? Our contribution towards thinking about the first, which makes up the bulk of our paper, considers a representative sample of recent challenges to a Kratzer-style formal semantics for modal expressions, as well as the rival views—Fabrizio Cariani’s contrastivism, John MacFarlane’s relativism, and Mark Schroeder’s ambiguity theory—those challenges are thought (...) to motivate. These include the Professor Procrastinate challenge to Inheritance (the principle that ‘If ought p and p entails q, then ought q), as well as Parfit’s miners puzzle regarding information-sensitive deontic modals. Here we argue that a Kratzer-style view is able to meet all of the challenges we’ll consider. In addition, we’ll identify challenges for each of those rival views. Our overall conclusion is that a Kratzer-style semantics remains the one to beat. With this assumption in place, we then ask how we should understand the relationship between true deontic modal statements and normative reasons. Should, for example, we hold that the truth of such a statement entails the existence of a normative reason for some agent to comply? Here we argue that, in many cases, acceptance of Kratzer’s semantics for deontic modals leaves open for substantive normative theorizing the question of whether an agent has a normative reason to comply with what she ought to do. (shrink)

Consider the concept combination ‘pet human’. In word association experiments, human subjects produce the associate ‘slave’ in relation to this combination. The striking aspect of this associate is that it is not produced as an associate of ‘pet’, or ‘human’ in isolation. In other words, the associate ‘slave’ seems to be emergent. Such emergent associations sometimes have a creative character and cognitive science is largely silent about how we produce them. Departing from a dimensional model of human conceptual space, this (...) article will explore concept combinations, and will argue that emergent associations are a result of abductive reasoning within conceptual space, that is, below the symbolic level of cognition. A tensor-based approach is used to model concept combinations allowing such combinations to be formalized as interacting quantum systems. Free association norm data is used to motivate the underlying basis of the conceptual space. It is shown by analogy how some concept combinations may behave like quantum-entangled particles. Two methods of analysis were presented for empirically validating the presence of non-separable concept combinations in human cognition. One method is based on quantum theory and another based on comparing a joint probability distribution with another distribution based on a separability assumption using a chi-square goodness-of-fit test. Although these methods were inconclusive in relation to an empirical study of bi-ambiguous concept combinations, avenues for further refinement of these methods are identified. (shrink)

This paper is on the metaphysics and normativity of Jewish identity. It starts with a metaphysical question: “Can a Jewish person become non-Jewish?” This question and the related question “What is Jewishness?” are both ambiguous, because the word “Jewish” is ambiguous. The paper outlines five concepts of Jewishness: halachic, religious, ethnic, and cultural Jewishness, as well as being Jewish in the sense of belonging to the Jewish community. In some of these senses of “Jewish” a Jewish person is always Jewish. (...) In other senses a Jewish person can become non-Jewish. The paper closes with a normative question: Should a person who is Jewish, in the sense of belonging to the Jewish community, become non-Jewish? The paper explains reasons for and against staying in the Jewish community and in doing so highlights a tension, rather than telling anyone how they should identify. (shrink)

In this paper I offer a defence of a Russellian analysis of the referential uses of incomplete (mis)descriptions, in a contextual setting. With regard to the debate between a unificationist and an ambiguity approach to the formal treatment of definite descriptions (introduction), I will support the former against the latter. In 1. I explain what I mean by "essentially" incomplete descriptions: incomplete descriptions are context dependent descriptions. In 2. I examine one of the best versions of the unificationist “explicit” (...) approach given by Buchanan and Ostertag. I then show that this proposal seems unable to treat the normal uses of misdescriptions. I then accept the challenge of treating misdescriptions as a key to solving the problem of context dependent descriptions. In 3. I briefly discuss Michael Devitt’s and Joseph Almog’s treatments of referential descriptions, showing that they find it difficult to explain misdescriptions. In 4. I suggest an alternative approach to DD as contextuals, under a normative epistemic stance. Definite descriptions express (i) what a speaker should have in mind in using certain words in a certain context and (ii) what a normal speaker is justified in saying in a context, given a common basic knowledge of the lexicon. In 5. I define a procedure running on contextual parameters (partiality, perspective and approximation) as a means of representing the role of pragmatics as a filter for semantic interpretation. In 6. I defend my procedural approach against possible objections concerning the problem of the boundaries between semantics and pragmatics, relying on the distinction between semantics and theory of meaning. (shrink)

Madness can be understood as something sealed off from the intelligible human world, a way of being that has been detached and isolated from the essential elements of normative society. It can represent all that is contrary to what is rational, what is normal and even, what is human. By following this line of thinking, madness cannot be penetrated by the outside nor does it have an established internal structure, and yet it can be used to construct and form (...) its opposite—the rational, normal human. Human rationality then becomes something that can be fully deduced, explained, and understood, and anything that contains mystery or ambiguity can be relegated to the realm of madness.These are the common definitions of... (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)

Claims about what justice “requires” and the “requirements” of justice are pervasive in political philosophy. However, there is a highly significant ambiguity in such claims that appears to have gone unnoticed. Such claims may pick out either one of two categorically distinct and noncoextensive kinds of requirement that we call 1) requirements-as-necessary-conditions for justice and 2) requirements-as-demands of justice. This is an especially compelling instance of an ambiguity that John Broome has famously observed in the context of claims (...) about other requirements (notably the requirements of rationality and morality). But it appears to have been overlooked by political philosophers in the case of claims about the requirements of justice. The ambiguity is highly significant inasmuch as failing to notice it is liable to distort our normative thinking about politics and make us vulnerable to certain kinds of normatively consequential errors: both mistakenly drawing inferences about what justice demands of us from claims that certain states or societies are not just; and mistakenly drawing inferences about what states or societies are or would be just from claims that justice does not demand of states or societies that they do certain things. Paying greater attention to the distinction between these two different kinds of requirements and the ways in which they come apart is helpful, not merely in avoiding these distortions and errors, but also in resolving, or at least clarifying, a number of other notoriously murky meta-normative debates, especially various important debates about realism and idealism in political philosophy. (shrink)

This paper examines Simone de Beauvoir’s reading of the 18th century writer and libertine Marquis de Sade, in her essay “Must we Burn Sade?”; a difficult and bewildering text, both in pure linguistic terms and philosophically. In particular, Beauvoir’s insistence on Sade as a “great moralist” seems hard to reconcile with her emphasis, in The Ethics of Ambiguity, on the interdependency of human beings and her exhortation to us to promote other people’s freedom, as well as the aspiration of (...) The Second Sex to equal relations between the genders. While earlier scholars addressed the ethico-political implications of Beauvoir’s essay, they insisted that the ambiguity so fundamental in her philosophy is denied by the Sadean hero, and that the Other can never be attained in his system. In this essay, I argue that Sade paradoxically emerges as an ethical model in Beauvoir’s text: as a writer, he assumes the ambiguity of the human condition in the extreme. Further, Sade reveals the potential of sexuality if it is explored in a form of eroticism that largely transgresses behavior constructed as normal: his writings open up new forms of existence, where, contrary to prevailing ideas, woman’s sexual freedom is claimed as equal to man’s, where genders are unstable and heterosexuality no longer the standard. Beauvoir’s fascination with Sade in this essay can be linked with the seemingly unresolvable asymmetry in the relation between men and women in The Second Sex: in his writings is revealed sexuality’s potential to subvert patriarchal norms and mystifications, and perhaps, in the end, even gender itself. (shrink)

Twice in the 2020 term, in Bostock and Comcast, the Supreme Court doubled down on the reasoning of “but-for causation” to interpret antidiscrimination statutes. According to this reasoning, an outcome is discriminatory because of some status—say, sex or race—just in case the outcome would not have occurred “but-for” the plaintiff’s status. We think this reasoning embeds profound conceptual errors that render the decisions deeply confused. Furthermore, those conceptual errors tend to limit the reach of antidiscrimination law. In this essay, we (...) first unpack the ambiguity of this but-for causal reasoning. We then show that this reasoning arises from a misapplication of tort law principles within antidiscrimination law, and that, as a result, it is both conceptually and normatively indeterminate. (shrink)

Language is often conceived of today as providing a person with a worldview and a set of communicative norms that one accepts unambiguously. However, in his 1992 lecture, “Monolingualism of the Other,” Jacques Derrida insists that his mother tongue is for him “not a natural element, not the transparency of the ether, but an absolute habitat.” In other words, while French is an intimate part of his existence, his relationship to it is nevertheless ambiguous. Derrida claims that his situation is (...) not exceptional though, since for no person is language simply a “natural element.” In this essay, I examine first the phenomenological basis for this controversial claim, drawing from Derrida’s lecture as well as earlier explorations by Martin Heidegger to elucidate the point. Later I turn to address the ethical-political dimensions of Derrida’s claim, explaining how it serves to protest against a problematic process of consolidating power. (shrink)

Abstract: In recent work Stephen Darwall has attacked what he calls J. G. Fichte's ‘voluntarist’ thesis, the idea—on Darwall's reading—that I am bound by obligations of respect to another person by virtue of my choice to interact with him. Darwall argues that voluntary choice is incompatible with the normative force behind the concept of a person, which demands my respect non-voluntarily. He in turn defends a ‘presuppositional’ thesis which claims that I am bound by obligations of respect simply by (...) recognizing the other as a person. In this paper I argue Darwall has misidentified the voluntary element in Fichte's account (sections 4–5). This requires me first to explain what Fichte's voluntarism really consists in (sections 1–3), and I suggest an apparent ambiguity in Fichte's position is responsible for Darwall's misreading. Clarifying this ambiguity, however, exposes some limitations to Darwall's thesis, and I end by discussing what those limitations are and what we can learn from them (sections 6–8). (shrink)