I assume that there exists a general phenomenon, the phenomenon of the explanatory gap, surrounding consciousness, normativity, intentionality, and more. Explanatory gaps are often thought to foreclose reductive possibilities wherever they appear. In response, reductivists who grant the existence of these gaps have offered countless local solutions. But typically such reductivist responses have had a serious shortcoming: because they appeal to essentially domain-specific features, they cannot be fully generalized, and in this sense these responses have been not just (...) local but parochial. Here I do better. Taking for granted that the explanatory gap is a genuine phenomenon, I offer a fully general diagnosis that unifies these previously fragmented reductivist responses. (shrink)

We argue that work on norms provides a way to move beyond debates between proponents of individualist and structuralist approaches to bias, oppression, and injustice. We briefly map out the geography of that debate before presenting Charlotte Witt’s view, showing how her position, and the normative ascriptivism at its heart, seamlessly connects individuals to the social reality they inhabit. We then describe recent empirical work on the psychology of norms and locate the notions of informal institutions and soft structures (...) with respect to it. Finally, we argue that the empirical resources enrich Witt’s ascriptivism, and that the resulting picture shows theorists need not, indeed should not, choose between either the individualist or structuralist camp. (shrink)

Intentional explanation, according to Elster, seeks to elucidate an action by showing that it was intentionally conducted, in order to bring about certain goals . Intentional actions furthermore, are rational actions: they imply that agents establish a connection between the goals they target and the means that are appropriate to reach them, by way of different beliefs about the means, the goals and the environment. But how should we understand intentional actions in the light of philosophical research on emotions, rationality, (...) and normativity? This question is the departure point of this article. Various philosophers have analyzed the relationships between rationality and emotion, those between emotion and normativity, and those between emotion and intentional action. Nonetheless, their theses are scattered and do not offer an integrative view on how rationality, normativity and emotions work from the standpoint of intentional explanation. By using de Sousa’s distinction between the epistemic and the strategic modes of rationality as a theoretical framework, this article proposes therefore to remedy this deficit by unifying these philosophical insights with the goal of elaborating a theory of intentional explanation which brings together rationality, normativity and emotions. (shrink)

We present two defeasible logics of norm-propositions (statements about norms) that (i) consistently allow for the possibility of normative gaps and normative conflicts, and (ii) map each premise set to a sufficiently rich consequence set. In order to meet (i), we define the logic LNP, a conflict- and gap-tolerant logic of norm-propositions capable of formalizing both normative conflicts and normative gaps within the object language. Next, we strengthen LNP within the adaptive logic framework for (...) non-monotonic reasoning in order to meet (ii). This results in the adaptive logics LNPr and LNPm, which interpret a given set of premises in such a way that normative conflicts and normative gaps are avoided ‘whenever possible’. LNPr and LNPm are equipped with a preferential semantics and a dynamic proof theory. (shrink)

In “Normative Reasons from a Naturalistic Point of View”, Marko Jurjako explores the foundational concept of normative reasons through the lens of methodological naturalism. Departing from traditional analytic or purely conceptual approaches, this philosophical inquiry navigates the terrain of reasons, rationality, and normativity—concepts with a long philosophical pedigree—within a framework rooted in our understanding of the natural and social world. By aligning the exploration with scientifically based theorizing, the book seeks a synoptic view that bridges the gap between (...) relatively isolated philosophical discussions of the nature of normative reasons and their grounding in human intrapersonal and interpersonal interactions that can be understood and explained by an array of scientifically inspired models. (shrink)

The is-ought gap is Hume’s claim that we can’t get an ‘ought’ from just ‘is’s. Prior (“The Autonomy of Ethics,” 1960) showed that its most straightforward formulation, a staple of introductory philosophy classes, fails. Many authors attempt to resurrect the claim by restricting its domain syntactically or by reformulating it in terms of models of deontic logic. Those attempts prove to be complex, incomplete, or incorrect. I provide a simple reformulation of the is-ought gap that closely fits Hume’s description of (...) it. My formulation of the gap avoids the proposed counterexamples from Prior and offers a natural explanation of why they seem compelling. Moreover, I show that my formulation of the gap is guaranteed by standard theories of the semantics of normative terms, and that provides a more general reason to accept it. (shrink)

Suppose that two competing norms, N1 and N2, can be identified such that a given person’s response can be interpreted as correct according to N1 but incorrect according to N2. Which of these two norms, if any, should one use to interpret such a response? In this paper we seek to address this fundamental problem by studying individual variation in the interpretation of conditionals by establishing individual profiles of the participants based on their case judgments and reflective attitudes. To investigate (...) the participants’ reflective attitudes we introduce a new experimental paradigm called the Scorekeeping Task. As a case study, we identify the participants who follow the Suppositional Theory of conditionals (N1) versus Inferentialism (N2) and investigate to what extent internally consistent competence models can be reconstructed for the participants on this basis. After extensive empirical investigations, an apparent reasoning error with and-to-if inferences was found in one of these two groups. The implications of this case study for debates on the proper role of normative considerations in psychology are discussed. (shrink)

A collective duty gap arises when a group has caused harm that requires remedying but no member did harm that can justify the imposition of individual remedial duties. Examples range from airplane crashes to climate change. How might collective duty gaps be filled? This paper starts by examining two promising proposals for filling them. Both proposals are found inadequate. Thus, while gap-filling duties can be defended against objections from unfairness and demandingness, we need a substantive justification for their existence. (...) I argue that substantive justification can be found in the normative force of commitments individuals make to others with regard to ends. Along the way, I argue that gap-filling duties must be conceptualized differently in group agents, as compared to non-agent groups: in the former, gap-filling duties can be understood as duties to “take up the slack”; in the latter, this would be a category error. (shrink)

An impressive case has been built for the hypothesis that knowledge is the norm of assertion, otherwise known as the knowledge account of assertion. According to the knowledge account, you should assert something only if you know that it’s true. A wealth of observational data supports the knowledge account, and some recent empirical results lend further, indirect support. But the knowledge account has not yet been tested directly. This paper fills that gap by reporting the results of such a test. (...) The knowledge account passes with flying colors. (shrink)

Sometimes subjects have sufficient internal and external resources to retrieve information stored in memory, in particular information that carries socially charged content. Yet, they fail to do so: they forget it. These cases pose an explanatory challenge to common explanations of forgetting in cognitive science. In this paper, I take this challenge and develop a new explanation of these cases. According to this explanation, these cases are best explained as cases of norm-induced forgetting: cases in which forgetting is caused by (...) social norms in a relevant sense. These cases draw attention to the normative aspects of the mechanisms of forgetting. This is an important but neglected aspect of cases of everyday forgetting, in particular of those characterized by a social dimension. By investigating some ways in which the psychology of social norms is causally relevant in the mechanisms of retrieval failure, I begin to fill this gap. (shrink)

It is generally accepted that there are two kinds of normative concepts : evaluative concepts, such as good, and deontic concepts, such as ought. The question that is raised by this distinction is how it is possible to claim that evaluative concepts are normative. Given that deontic concepts appear to be at the heart of normativity, the bigger the gap between evaluative and deontic concepts, the less it appears plausible to say that evaluative concepts are normative. After (...) having presented the main differences between evaluative and deontic concepts, and shown that there is more than a superficial difference between the two kinds, the paper turns to the question of the normativity of evaluative concepts. It will become clear that, even if these concepts have different functions, there are a great many ties between evaluative concepts, on the one hand, and the concepts of ought and of reason, on the other. (shrink)

This article offers a normative analysis of some of the most controversial incidents involving police—what I call police-generated killings. In these cases, bad police tactics create a situation where deadly force becomes necessary, becomes perceived as necessary, or occurs unintentionally. Police deserve blame for such killings because they choose tactics that unnecessarily raise the risk of deadly force, thus violating their obligation to prioritize the protection of life. Since current law in the United States fails to ban many bad (...) tactics, police- generated killings often are treated as “lawful but awful.” To address these killings, some call on changes to departmental policies or voluntary reparations by local governments, yet such measures leave in place a troubling gap between ethics and law. I argue that police-generated killings merit legal sanctions by appealing to a relevant analogy: self-generated self-defense, where the person who engages in self-defense started the trouble. The persistent lack of accountability for police-generated killings threatens life, police legitimacy, and trust in democratic institutions. The article closes by identifying tools in law and policy to address this challenge. (shrink)

This paper proposes a methodological redirection of the philosophical debate on artificial moral agency in view of increasingly pressing practical needs due to technological development. This “normative approach” suggests abandoning theoretical discussions about what conditions may hold for moral agency and to what extent these may be met by artificial entities such as AI systems and robots. Instead, the debate should focus on how and to what extent such entities should be included in human practices normally assuming moral agency (...) and responsibility of participants. The proposal is backed up by an analysis of the AMA debate, which is found to be overly caught in the opposition between so-called standard and functionalist conceptions of moral agency, conceptually confused and practically inert. Additionally, we outline some main themes of research in need of attention in light of the suggested normative approach to AMA. (shrink)

Some philosophers think that there is a gap between is and ought which necessarily makes normative enquiry a different kind of thing than empirical science. This position gains support from our ability to explicate our inferential practices in a way that makes it impermissible to move from descriptive premises to a normative conclusion. But we can also explicate them in a way that allows such moves. So there is no categorical answer as to whether there is or is (...) not a gap. The question of an is-ought gap is a practical and strategic matter rather than a logical one, and it may properly be answered in different ways for different questions or at different times. (shrink)

Many governments are failing to act sufficiently strongly on climate change. Given this, what should motivated affluent individuals in high-consumption societies do? This paper argues that social norms are a particularly valuable target for individual climate action. Within norm-promotion, the paper makes the case for a focus on anti-fossil fuel norms specifically. Section 1 outlines gaps in the existing literature on individuals’ climate change obligations. Section 2 characterises social norms. Section 3 provides seven reasons why social norms are a (...) particularly worthy target for individual climate actors. Section 4 asks which social norms individuals should emphasise, arguing that anti-fossil fuel norms have advantages over emissions reduction and offsetting norms. Section 5 outlines the pathways and mechanisms individuals might exploit to promote anti-fossil fuel norms. (shrink)

The Duhem-Quine thesis famously holds that a single hypothesis cannot be confirmed or disconfirmed in isolation, but instead only in conjunction with other background hypotheses. This article argues that this has important and underappreciated implications for metaethics. Section 1 argues that if one begins metaethics firmly wedded to a naturalistic worldview—due (e.g.) to methodological/epistemic considerations—then normativity will appear to be reducible to a set of social-psycho-semantic behaviors that I call the ‘normative stance.’ Contra Hume and Bedke (2012), I argue (...) that the normative stance provides semantically-grounded entailments from natural truths to normative truths, reducing the latter to the former. Specifically, the normative stance explains the truth-conditions, truth-values, and truth-makers of normative propositions in terms of socially grounded cognitive-behavioral rules and other natural facts, thus explaining how there can be bona fide normative facts and properties in a wholly naturalistic world. I then show that the normative stance explains the apparent stance-independence and non-naturalness of normative reasons, intrinsic value, and categoricity of moral reasons as ‘user-illusions’ generated by people having strong psycho-social propensities—rooted in evolution and social cooperation—to take these normative stances. Section 2 then argues that while the normative stance may appear to naturalists to successfully explain normativity, it will not appeal to those who come to metaethics with different background commitments. I conclude that naturalists should take the normative stance to be a promising metaethical theory of normativity, and that whether it is a true theory of normativity is something that can only be ascertained by determining which background hypotheses—naturalistic or otherwise—we should have when doing metaethics. (shrink)

One of the driving questions in philosophy of mind is whether a person can be understood in purely physical terms. In this presentation, I wish to continue the project initiated by Donald Davidson, whose subtle position on this question has left many more perplexed than enlightened. The main reason for this perplexity is Davidson’s rather obscure pronouncements about the normativity of intentionality and its role in supporting psychophysical anomalism – the claim that there are no laws bridging our intentional states (...) with states of our brain. Insofar as Davidson’s thesis is an ontological one – about the existence of laws or otherwise modally significant connections between the mental and the physical – I think his critics are correct: Davidson has not provided us with a successful argument for psychophysical anomalism. There is, however, a different argument, also based upon considerations about the normativity of intentionality that lead to an equally important conclusion. The conclusion is not ontological but rather epistemic: if thoughts do indeed display normativity, it is hard to understand how they would arise out of mere mechanical occurrences in the brain. To borrow a well-worn phrase, there is an “explanatory gap” between the mental and the physical. Originally coined to capture the epistemic darkness we confront in our attempt to understand phenomenal experiences in purely physical terms, the idea has yet to be explored in the area of contentful mental states or intentionality in general. My argument shall be this: considerations about the normativity of intentionality demonstrate that there is an explanatory gap between the intentional and the physical. In fact, if there were laws of the kind Davidson denies, then the world be more mysterious than if no such laws existed. The presence of an explanatory gap explains why this is so. (shrink)

I believe that normative force depends on desire. This view faces serious difficulties, however, and has yet to be vindicated. This paper sketches an Argument from Voluntary Response, attempting to establish this dependence of normativity on desire by appeal to the autonomous character of our experience of normative authority, and the voluntary character of our responses to it. I first offer an account of desiring as mentally aiming intrinsically at some end. I then argue that behaviour is only (...) voluntary if it results from such aiming; hence all voluntary behaviour is produced by desire. Full-blooded responses to normativity, I then argue, are voluntary actions: motivation to act arises voluntarily from perception of reasons to act. This fits the desire-based model of normativity but not its rivals. However this argument concludes merely that our responses to normativity are desire-based. I end with some observations about how I think we can bridge the gap from the nature of response to normativity to the nature of normativity itself. (shrink)

Constitutivists seek to locate the metaphysical foundations of ethics in nonnormative facts about what is constitutive of agency. For most constitutivists, this involves grounding authoritative norms in the teleological structure of agency. Despite a recent surge in interest, the philosophical move at the heart of this sort of constitutivism remains underdeveloped. Some constitutivists—Foot, Thomson, and Korsgaard (at least in her recent *Self-Constitution*)—adopt a broadly Aristotelian approach. They claim that the functional nature of agency grounds normative judgments about agents in (...) much the same way that the functional natures of artifacts and bodily organs ground normative judgments about those kinds of things. I argue that the neo-Aristotelian conclusions about goodness which follow so straightforwardly from teleological premises are not genuinely normative. Functions are not by their very nature normatively significant. Other constitutivists—notably J. David Velleman and Paul Katsafanas—eschew Aristotelian talk of functions in favor of an approach based on the idea that agency has a constitutive aim. Velleman and Katsafanas both claim that aims are normatively significant. I argue that the fact that agency has a constitutive aim is merely a fact about the motives that produce and regulate actions. And so we are still left with a gap between the teleological and the normative. I conclude by suggesting that constitutivists have failed to find a way to bridge this gap not because none exists, but rather because they have been looking in the wrong place. The constitutivist project can be salvaged, but only if it is supplemented with a reductive metanormative account of reasons for action, an account that links reasons to sound or successful practical reasoning. (shrink)

Normative dualism between descriptions of the mental and the physical is still a problem for many philosophers that provokes more and more attempts to justify it, or, on the contrary, to overcome it by means of reduction. The problem of a special normative status of mental states is usually considered in isolation from the concept of truth. Moreover, the definition of truth is often construed only as a part of the problem of normativity: in this case, truth is (...) only a kind of norm, for example, a goal of scientific research. Donald Davidson, however, believed that truth is not the norm and that, on the contrary, norms are possible only through the use of the primitive and original concept of truth already available to us. In this paper, we propose that if one develops an idea of such a conceptual dependence between truth and norms in a certain way, then it will become possible to solve the problem of a normative gap between our descriptions of the mental and the physical. In other words, if the assimilation of the concept of truth precedes the learning of norms pertaining to the mental and the physical, then the solution for the problem of the gap between these norms can be directly related to conditions and differences in the use of the notion of truth. (shrink)

A key assumption fuelling optimism about the progress of Large Language Models (LLMs) in modelling the world is that the truth is systematic: true statements about the world form a whole that is not just consistent, in that it contains no contradictions, but cohesive, in that the truths are inferentially interlinked. This holds out the prospect that LLMs might rely on that systematicity to fill in gaps and correct inaccuracies in the training data: consistency and cohesiveness promise to facilitate (...) progress towards comprehensiveness in an LLM’s representation of the world. However, philosophers have identified reasons to doubt that the truth is systematic across all domains of thought, arguing that in normative domains, in particular, the truth is not necessarily systematic. I argue that insofar as the truth in normative domains is asystematic, this renders it correspondingly harder for LLMs to make progress, because they cannot rely on the consistency and cohesiveness of the truth to work towards comprehensiveness. And the less LLMs can rely on the systematicity of truth, the less we can rely on them to do our practical deliberation for us, as there is correspondingly more of a role for human agency in navigating asystematic normative domains. (shrink)

I briefly present and motivate a ‘skill hypothesis’ regarding the evolution of human normative cognition. On this hypothesis, the capacity to internally represent action-guiding norms evolved as a solution to the distinctive problems of standardizing, learning and teaching complex motor skills and craft skills, especially skills related to toolmaking. We have an evolved cognitive architecture for internalizing norms of technique, which was then co-opted for a rich array of social functions. There was a gradual expansion of the normative (...) domain, with ritual playing an important role in bridging the gap between concrete, enacted norms and general, abstract norms, such as kinship norms. I conclude by stating nine predictions arising from the skill hypothesis. (shrink)

Many have expected that understanding the evolution of norms should, in some way, bear on our first-order normative outlook: How norms evolve should shape which norms we accept. But recent philosophy has not done much to shore up this expectation. Most existing discussions of evolution and norms either jump headlong into the is/ought gap or else target meta-ethical issues, such as the objectivity of norms. My aim in this paper is to sketch a different way in which evolutionary considerations (...) can feed into normative thinking—focusing on stability. I will discuss two forms of argument that utilize information about social stability drawn from evolutionary models, and employs it to assess claims in political philosophy. One such argument treats stability as feature of social states that may be taken into account alongside other features. The other uses stability as a constraint on the realization of social ideals, via a version of the ought-implies-can maxim. These forms of argument are not new; indeed they have a history going back at least to early modern philosophy. But their marriage with evolutionary information is relatively recent, has a significantly novel character, and has received little attention in recent moral and political philosophy. (shrink)

This paper outlines an empirically-grounded account of normative political legitimacy. The main idea is to give a normative edge to empirical measures of sociological legitimacy through a non-moralised form of ideology critique. A power structure’s responsiveness to the values of those subjected to its authority can be measured empirically and may be explanatory or predictive insofar as it tracks belief in legitimacy, but by itself it lacks normative purchase: it merely describes a preference alignment, and so tells (...) us nothing about whether the ruled have reason to support the rulers. I argue that we can close this gap by filtering the preferences of the ruled through a form of non-moralised epistemic ideology critique, itself grounded in an empirical account of how belief in legitimacy is formed. (shrink)

Stephen Finlay’s Confusion of Tongues is a bold and sophisticated book. The overarching goal is metaphysical: to reductively analyze normative facts, properties, and relations in terms of non-normative facts, properties, and relations. But the method is linguistic: to first provide a reductive analysis of the corresponding bits of normative language, with a particular focus on ‘good’, ‘ought’, and ‘reason’. The gap between language and reality is then bridged by taking linguistic analysis as a guide to conceptual analysis, (...) and conceptual analysis as a guide to metaphysical analysis. In this review, I consider three challenges to Finlay’s project that deserve more attention than they receive in the book. The first concerns Finlay’s claim to have provided a *reductive* theory of normative language, the second concerns his claim to have provided a *unified* theory of normative language, and the third concerns his claim to have provided a *correct* theory of normative language. (shrink)

This chapter discusses the philosophical relevance of empirical research on moral cognition. It distinguishes three central aims of normative ethical theory: understanding the nature of moral agency, identifying morally right actions, and determining the justification of moral beliefs. For each of these aims, the chapter considers and rejects arguments against employing cognitive scientific research in normative inquiry. It concludes by suggesting that, whichever of the central aims one begins from, normative ethics is improved by engaging with the (...) science of moral cognition. (shrink)

The paper considers the gap that exists between between normative and empirical theories of democracy. Empirical theories usually stop in their aspirations where normative theories get off the ground, that is, they take the model of liberal democracy as their normative horizont. This is a confusing situation especially with regard to the possibilities of enhancing the quality of existing liberal democracies. We argue that a simple recalibration of democracy indexes, so as to include normatively more demanding considerations, (...) is impossible, due to certain recurring features of normative models. We conclude that if we want to be serious about bridging the gap, concessions should be made both sides. (shrink)

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

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

One cannot adequately understand the persistence of the achievement gap, Darby and Rury argue, until one knows and understands the history that continues to inflict all varieties of dignitary harm on Black people. The authors deploy the phrase, ‘color of mind’, to describe the deeply embedded attitudinal and institutional norms that diminish the intellect, character, and conduct of Black students – norms with a long history that continue to poison the school system. There is, of course, no dearth of American (...) scholarship on these themes, and the reader may be forgiven for thinking she will encounter little that isn’t already known. Fortunately, however, the tack the authors take deviates in several important ways from most scholarship. (shrink)

This research note argues that political theorists of refuge ought to consider the experiences of refugees after they have received asylum in the Global North. Currently, much of the literature concerning the duties of states towards refugees implicitly adopts a blanket approach, rather than considering how varied identities may affect the remedies available to displaced people. Given the prevalence of racism, xenophobia, and homophobia in the Global North, and the growing norm of dissident persecution in foreign territory, protection is not (...) guaranteed after either territorial or legal admission. This research note considers the case of LGBTQ refugees in order to demonstrate the analytical potential of more inclusive and diverse normative approaches. Taking the origin and extension of harm seriously requires a conceptualization of sanctuary after asylum that accurately reflects the experiences of the displaced. In doing so, questions arise regarding the nature and efficacy of territorial asylum. (shrink)

Rønnow-Rasmussen’s book explores the distinction between two kinds of value: good, and good-for. Rønnow-Rasmussen provides a reductive theory of both kinds of goodness: a fitting attitude account of goodness, on which facts about value reduce to facts about the norms governing agents’ attitudes. But Rønnow-Rasmussen argues that they conflict in an especially sharp way, so that we have a kind of choice about which to prioritise, and no obvious grounds on which to choose one over the other. I articulate some (...) virtues of the book but also doubts about the central thesis. (shrink)

Authenticity has become a widespread ethical ideal that represents a way of dealing with normative gaps in contemporary life. This ideal suggests that one should be true to oneself and lead a life expressive of what one takes oneself to be. However, many contemporary thinkers have pointed out that the ideal of authenticity has increasingly turned into a kind of aestheticism and egoistic self-indulgence. In his book, Varga systematically constructs a critical concept of authenticity that takes into account (...) the reciprocal shaping of capitalism and the ideal of authenticity. Drawing on different traditions in critical social theory, moral philosophy and phenomenology, Varga builds a concept of authenticity that can make intelligible various problematic and potentially exhausting practices of the self. (shrink)

Kant’s Naturrecht Feyerabend has recently gained more sustained attention for its role in clarifying Kant’s published positions in political philosophy. However, too little attention has been given to the lecture’s relation to Gottfried Achenwall, whose book was the textbook for the course. In this paper, I will examine how Kant rejected and transforms Achenwall’s natural law system in the Feyerabend Lectures. Specifically, I will argue that Kant problematizes Achenwall’s foundational notion of a divine juridical state which opens up a (...) class='Hi'>normative gap between objective law and subjective rights. In the absence of a divine sovereign, formal natural law is unable to justify subjective natural rights in the state of nature. In the Feyerabend Lectures, Kant, in order to close this gap, replaces the divine will with the “will of society”, making the state necessary for the possibility of rights. (shrink)

Can video games or the playing of such games be morally objectionable? Many attempts to justify our intuitions about the morality of certain games or game activities are either unsuccessful or fall short. This is mainly due to a normative gap between reality and virtuality that classical approaches to moral philosophy cannot bridge. I am investigating to what extent an accurate action analysis can help us to justify our intuitions that, in some cases, something is ethically wrong with video (...) games. To do so, I am using Frankfurt’s volition theory to show how virtual game actions can be evaluated based on virtue ethics. This virtue ethical assessment is compatible with Ostritsch’s (2017) endorsement view. Especially in light of the gamification of our surroundings, the question of the ethical status of video gaming is becoming more and more urgent. By arguing that a virtue ethical approach can tell us more about the ethical aspects of video gaming, I will also argue that virtue ethics (because of similar problems in these fields) is promising regarding the ethics of simulation, art, and literature. (shrink)

There is a surprising disconnect between formal rational choice theory and philosophical work on reasons. The one is silent on the role of reasons in rational choices, the other rarely engages with the formal models of decision problems used by social scientists. To bridge this gap, we propose a new, reason-based theory of rational choice. At its core is an account of preference formation, according to which an agent’s preferences are determined by his or her motivating reasons, together with a (...) ‘weighing relation’ between different combinations of reasons. By explaining how someone’s preferences may vary with changes in his or her motivating reasons, our theory illuminates the relationship between deliberation about reasons and rational choices. Although primarily positive, the theory can also help us think about how those preferences and choices ought to respond to normative reasons. (shrink)

Constructivist approaches in epistemology and ethics offer a promising account of normativity. But constructivism faces a powerful Schmagency Objection, raised by David Enoch. While Enoch’s objection has been widely discussed in the context of practical norms, no one has yet explored how the Schmagency Objection might undermine epistemic constructivism. In this paper, I rectify that gap. First, I develop the objection against a prominent form of epistemic constructivism, Belief Constitutivism. Belief Constitutivism is susceptible to a Schmagency Objection, I argue, because (...) it locates the source of normativity in the belief rather than the agent. In the final section, I propose a version of epistemic constructivism that locates epistemic normativity as constitutive of agency. I argue that this version has the resources to respond to the Schmagency Objection. (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)

This study aims to determine driving factors significantly influencing the purchase intention and to identify impediments creating the intention –behavior gap regarding organic food consumption in Vietnam. The chosen driving factors affecting the organic food purchase intention in this study are health benefits, environmental awareness, and social norms, whereas trust, price, and convenience as well as availability are investigated as deterrent factors of the link between intention and behavior. A structured online questionnaire with snow-balling sampling method was distributed to collect (...) a representative sample of 466 Vietnamese consumers nationwide. A five-point likert scale was used for the level of approval for 36 statements. Statistical tools of SPSS 22.0 including descriptive analysis, principal component analysis, and multiple regression analysis models were used for data analysis. The results showed that health benefits, environmental awareness, and social norms were facilitators of organic food purchase intention. Although high intention to purchase organic foods was identified in Vietnam, it was not translated into actual purchase behavior. The main barriers for the inconsistency were premium price and low availability of organic products or inconvenience to buy in the market. Lack of trust insignificantly impacted on organic food choices among Vietnamese consumers in this study. These empirical findings and suggestions are beneficial for all players across supply chains. (shrink)

In recent discussions in this journal, Moti Mizrahi defends the claim that knowledge equals epistemic certainty. Howard Sankey finds Mizrahi’s argument to be problematic, since, as he reads it, this would entail that justification must guarantee truth. In this article, I suggest that an account of the normativity of justification is able to bridge the gap between Mizrahi’s proposal and Sankey’s objections.

Purpose/Background. The present research focuses on the debate on transhumanism/bioconservatism from the perspective of empirical bioethics, that is, making use of em-pirical evidence in the process of moral reasoning. Its objective is to propose a metho-dological guide for the approach and resolution of moral problems concerning human enhancement. Methodology/Approach. The method Step-wise Ethical Human Enhancemet (SWEH) is proposed. It is a guide consisting of 11 questions that are the result of the adaptation of the guidelines for identifying a human enhancement (...) procedure as ethical developed by Julian Savulescu to the method of Step-wise Empirical Contributions elaborated by Pascal Borry. An applicative example on the morality of biohacking RFID implants is provided. Results/Findings. SWEH proposes that human enhancement procedures might be approached as specific problems and that the identified moral norm might be rewritten as a descriptive proposition that serves as a hypothesis that will be evaluated in the light of empirical evidence. The evaluation of the proposition, and thus of moral reasoning, will be done with the help of the information gathered by the 11 questions. Discussion/Conclusions/Contributions. SWEH can serve to provide a first answer on the morality of a specific human enhancement procedure, but not an absolute one, as the result may vary depending on the information obtained in the future. It also highli-ghts gaps in empirical research related to the procedure it addresses. The method is a first methodological guide that could be revised and improved. (shrink)

Predictive processing theorists have claimed PTSD and depression are maladaptive and epistemically distorting because they entail undesirably wide gaps between top-down models and bottom-up information inflows. Without denying this is sometimes so, the “maladaptive” label carries questionable normative assumptions. For instance, trauma survivors facing significant risk of subsequent attacks may overestimate threats to circumvent further trauma, “bringing forth” concretely safer personal spaces, to use enactive terminology, ensuring the desired gap between predicted worries and outcomes. The violation of predictive (...) processing can go in the opposite direction too, as when depression coincides with energy-depletion, and hence objectively strenuous situations in which things look farther away because they are (accurately anticipated to be) harder to reach. These examples partly encapsulate what predictive processing theorists call “active inference,” yet with differences. In the first case, actions fruitfully obviate predictions rather than fulfilling them. In the second, mental models do not dysregulate bodily processes, making coping harder. Instead, problems (e.g., personal obstacles, gastric illness) deplete energy, eliciting a depressive and adaptive slow-down. Some predictive proponents apply correspondence criteria when alleging mismatches between internal models and the world, while incongruously asserting that the brain did not evolve to see things veridically, but to execute actions. An alternative is to adopt pluralistic, pragmatic epistemologies suited to the complexity of mind. The upshot is that mental outlooks can depart from the norm without epistemically being distorted and that mismatches between anticipatory worries and outcomes, when they actually exist, can be a measure of adaptive and epistemic success. (shrink)

Cases of akratic behavior are generally seen as paradigmatic depictions of the knowledge-action gap (Darnell et al 2019): we know what we should do, we judge that we should do it, yet we often fail to act according to our knowledge. In recent decades attention has been given to a particular instance of akratic behavior, which is that of “inverse akrasia”, where the agent possesses faulty moral knowledge but fails to act accordingly, thus ending up doing the right thing. In (...) particular, two literary examples are considered as exemplifying this kind of akratic situation: Huckleberry Finn (Arpaly & Schroeder 1999, Arpaly 2000, Hursthouse 1999, Kleist 2009, Holton manuscript) and Neoptolemus as understood by Aristotle (NE; Arpaly & Schroeder 1999). In this paper I will argue that those of Neoptolemus and Huck Finn are not cases of inverse akrasia (Holton manuscript) but are much better explained as instances of what Williams (1993) called “moral incapacity”. In particular, the reason why they fail to act according to their original judgments is due to a lack of motivation to act accordingly, which is grounded in their moral self-identities (Blasi 1984; Vigani 2016). The paper will unfold as follows: I will, first, argue that neither Neoptolemus nor Huck Finn show akratic behavior; thus, they cannot be legitimately labeled as “inverse akratics” (par 1.); then, I will argue that they act the way they do notwithstanding their faulty judgments because they are effectively motivated to do so. Such motivation originates in their moral self-identities and is experienced through the threat of self-betrayal (par 2); finally, I will argue that when an agent is motivated to act in a way that is integral with her moral self-identity, acting otherwise is experienced as something one cannot ultimately do; that is, as a moral incapacity (par 3). This “cannot” is neither a metaphor for an “I shouldn’t”, nor an instance of what has been recently labeled a “moral impossibility” (Caprioglio Panizza 2020, 2021), since it does not arise from the normative force of deontic judgments, and it is neither physically nor psychologically impossible for the agent to act otherwise. (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)

This paper explores the possibility of a standard legal language (e.g. English) for a principled evolution of law in line with technological development. In doing so, reference is made to blockchain networks and smart contracts to emphasise the discontinuity with the liberal legal tradition when it comes to decentralisation and binary code language. Methodologically, the argument is built on the underlying relation between law, semiotics and new forms of media adding to natural language; namely: code and symbols. In what follows, (...) I will concentrate on the study of factors that explain why such approach can be fruitful for the future of law and innovation. I have three reasons for selecting this topic. The first is a more pragmatic reason, based on my current research of law as a linguistic phenomenon. Secondly, the topic does also touch the matter on binary code language, rivalrous to legal alphabetic language. Lastly, the study aims at emphasizing the pivotal role of the jurist as an interpreter in a changing society accommodating diverging realms of reality. The study is structured as follows. Firstly, a quick exam of the traits of blockchain networks would provide the contextual link to establish the arguments in support of the need of a standard legal language. Secondly, a comparison between liberal legal institutions and theory of semiotics is set to perceive their functioning and ascertain their limits in the light of todays unprecedented changes. Thirdly, a summary on blockchain networks’ legal features would constitute the thrust behind the idea of a uniform legal language. Methodologically, the argument does also establish some relations with classical laws of physics and philosophy of media. Its aim is to demonstrate how the suggested legal interpretation and semiotic-based approach can contribute to overcome existing stumbling blocks including, but not limited to, the lack of cooperation at the international level as well as the gap in State norms when it comes to innovation. In this sense, the proposed strategies do not intend to replace current advances in the legal thought. In contrast, it seeks to harmonise their results providing a methodical approach that can concur to inform a new technique to address new controversial issues. In practice, the proposed method regarding the adoption of a uniform legal language would lower transactive costs in terms of normative coordination in the matter of international cooperation and in the definition of applicable law among different legal systems. Alternatively, it might contribute to the convergence of legal systems and/or their underlying concepts. Differently put, article’s contribution can be envisaged in fostering juridical consistency with regards to different forms of languages’ coexistence. (shrink)

The Holy Scriptures can be considered a specific kind of normative texts, whose use to assess practical moral cases requires interpretation. In the field of ethics, this interpretative problem results in the necessity of bridging the gap between the normative source – moral precepts – and the specific cases. In the history of the Church, this problem was the core of the so-called casuistry, namely the decision-making practice consisting in applying the Commandments and other principles of the Holy (...) Scriptures to specific cases or moral problems. By taking into account the sin of lying, this paper argues that casuistic texts reveal an extremely sophisticated interpretative method, grounded on “pragmatic” contextual and communicative considerations and argumentative structures that resemble the ones used in legal interpretation. These works show how the underspecified biblical text expressing an abstract norm was enriched pragmatically by completing it and modulating its meaning so that it could be used to draw a conclusion in a specific context on a specific case. The mutual interdependence between biblical interpretation, pragmatics, and argumentation sheds light on a much broader phenomenon, namely the pragmatic nature of argumentation. (shrink)

This paper empirically raises and examines the question of ‘conceptual control’: To what extent are competent thinkers able to reason properly with new senses of words? This question is crucial for conceptual engineering. This prominently discussed philosophical project seeks to improve our representational devices to help us reason better. It frequently involves giving new senses to familiar words, through normative explanations. Such efforts enhance, rather than reduce, our ability to reason properly, only if competent language users are able to (...) abide by the relevant explanations, in language comprehension and verbal reasoning. This paper examines to what extent we have such ‘conceptual control’ in reasoning with new senses. The paper draws on psycholinguistic findings about polysemy processing to render this question empirically tractable and builds on recent findings from experimental philosophy to address it. The paper identifies a philosophically important gap in thinkers’ control over the key process of stereotypical enrichment and discusses how conceptual engineers can use empirical methods to work around this gap in conceptual control. The paper thus empirically demonstrates the urgency of the question of conceptual control and explains how experimental philosophy can empirically address the question, to render conceptual engineering feasible as an ameliorative enterprise. (shrink)

Calls to hold artificial intelligence to account are intensifying. Activists and researchers alike warn of an “accountability gap” or even a “crisis of accountability” in AI. Meanwhile, several prominent scholars maintain that accountability holds the key to governing AI. But usage of the term varies widely in discussions of AI ethics and governance. This chapter begins by disambiguating some different senses and dimensions of accountability, distinguishing it from neighboring concepts, and identifying sources of confusion. It proceeds to explore the idea (...) that AI operates within an accountability gap arising from technical features of AI as well as the social context in which it is deployed. The chapter also evaluates various proposals for closing this gap. I conclude that the role of accountability in AI ethics and governance is vital but also more limited than some suggest. Accountability’s primary job description is to verify compliance with substantive normative principles—once those principles are settled. Theories of accountability cannot ultimately tell us what substantive standards to account for, especially when norms are contested or still emerging. Nonetheless, formal mechanisms of accountability provide a way of diagnosing and discouraging egregious wrongdoing even in the absence of normative agreement. Providing accounts can also be an important first step toward the development of more comprehensive regulatory standards for AI. (shrink)