ABSTRACT: Decision-theoretic approach and a nonlinguistic theory of norms are applied in the paper in an attempt to explain the nature of scientific rationality. It is considered as a normative system accepted by scientific community. When we say that a certain action is rational, we express a speaker’s acceptance of some norms concerning a definite action. Scientists can choose according to epistemic utility or other rules and values, which themselves have a variable nature. Rationality can be identified with a (...) decision to accept a norm. This type of decision cannot be reduced only to its linguistic formulation; it is an act of evolvement of the normative regulation of human behavior. Norms are treated as decisions of a normative authority: a specific scientific community is the normative authority in science. These norms form a system and they are absolutely objective in the context of individual scientists. There exists an invariant core in all the norms of rationality, accounting for their not being liable to change, as compared with the flexibility of legal norms. The acceptance of and abidance by these norms is of social importance – it affects the aims of the community. A norm only defines the common framework and principles of scientific problem-solving; its application is a matter of professional skills and creative approach to a particular problem. It is of no importance at all, if an agent’s cognitive abilities do not live up to the requirements of a norm. Such discrepancy can be compensated for by the fact that a scientist carries out work in a conceptual and normative framework established by a respective scientific community. (shrink)

(See also the separate entry for the volume itself.) This introduction has three parts. The first providing an overview of some main lines of research in deontic logic: the emergence of SDL, Chisholm's paradox and the development of dyadic deontic logics, various other puzzles/challenges and areas of development, along with philosophical applications. The second part focus on some actual and potential fruitful interactions between deontic logic, computer science and artificial intelligence. These include applications of deontic logic to AI knowledge representation (...) in legal systems, to modelling computer systems where it is expected that sub-ideal states will emerge and require countermeasures, to norm-governed human interactions with computer systems, and to the representation of some features of multi-agent systems where different agent-like computer systems interact with one another. The third and final part briefly groups and previews the papers in the anthology. (shrink)

The following article was written to honour Johan Buitendag’s contribution to the discipline of eco-theology. Assuming an interdisciplinary stance, eco-theology in general and his work, in particular, is observed from the position of legal theory and sociology. As such, eco-theology is not assessed on theological grounds but is treated interdisciplinary through comparison with environmental law. More specifically, the project of eco-theology is shown to share certain characteristics with the nascent subdiscipline of Earth systems law within environmental law. It is (...) argued that one of the most important of these is the use of norms as an ecological strategy. This is understandable as both the religious and legal systems rely on the norm form to a lesser or greater extent. However, in the legal sociology of systems theory, the shortcomings of norms have been eloquently argued. This article thus posits the limits of norms to eco-theology and Earth systems law as a challenge deserving attention. However, social systems theory has its shortcomings, and a preliminary line of flight away from this challenge is suggested in the shape of Agamben’s description of the monastic form-of-life, where life and norm overlap so intensely that suggestions of a new worldview gain plausibility. (shrink)

The relationship between abstract formal procedures and the activities of actual physical systems has proved to be surprisingly subtle and controversial, and there are a number of competing accounts of when a physical system can be properly said to implement a mathematical formalism and hence perform a computation. I defend an account wherein computational descriptions of physical systems are high-level normative interpretations motivated by our pragmatic concerns. Furthermore, the criteria of utility and success vary according to our (...) diverse purposes and pragmatic goals. Hence there is no independent or uniform fact to the matter, and I advance the ‘anti-realist’ conclusion that computational descriptions of physical systems are not founded upon deep ontological distinctions, but rather upon interest-relative human conventions. Hence physical computation is a ‘conventional’ rather than a ‘natural’ kind. (shrink)

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

Critical examination of Alchourrón and Bulygin’s set-theoretic definition of normative system shows that deductive closure is not an inevitable property. Following von Wright’s conjecture that axioms of standard deontic logic describe perfection-properties of a norm-set, a translation algorithm from the modal to the set-theoretic language is introduced. The translations reveal that the plausibility of metanormative principles rests on different grounds. Using a methodological approach that distinguishes the actor roles in a norm governed interaction, it has been shown that metanormative (...) principles are directed second-order obligations and, in particular, that the requirement related to deductive closure is directed to the norm-applier role rather than to the norm-giver role. The approach has been applied to the case of pure derogation yielding a new result, namely, that an independence property is a perfection-property of a norm-set in view of possible derogation. This paper in a polemical way touches upon several points raised by Kristan in his recent paper. (shrink)

Abstract: We examine how trustworthy behaviour can be achieved in the financial sector. The task is to ensure that firms are motivated to pursue long-term interests of customers rather than pursuing short-term profits. Firms’ self-interested pursuit of reputation, combined with regulation, is often not sufficient to ensure that this happens. We argue that trustworthy behaviour requires that at least some actors show a concern for the wellbeing of clients, or a respect for imposed standards, and that the behaviour of these (...) actors is copied in such a way that it becomes a behavioural norm. We briefly suggest what such behavioural norms might need to be if trustworthy behaviour is to be achieved, and consider how they might be supported; we describe the research that is necessary in order to understand these norms in more detail. We argue that the norms of traders are different from the norms of those engaged in other activities, since they are inevitably self-interested, and we consider the risk that traders’ norms might undermine those of other actors. We analyse the task for governance in dealing with this problem, and the role which leadership by a corporate board and management might play in doing this. We describe the need for further research in to describe how this might be done. (shrink)

(1996). What the prophet and the philosopher told their nations: A multi‐modal systems view of norms and civilisation. World Futures: Vol. 47, Unity and Diversity in Contemporary Systems Tinking: Systematic Pictures at an Exhibition, pp. 53-67.

Logical pluralism is the view that there is more than one correct logic. This very general characterization gives rise to a whole family of positions. I argue that not all of them are stable. The main argument in the paper is inspired by considerations known as the “collapse problem”, and it aims at the most popular form of logical pluralism advocated by JC Beall and Greg Restall. I argue that there is a more general argument available that challenges all variants (...) of logical pluralism that meet the following three conditions: that there are at least two correct logical systems characterized in terms of different consequence relations, that there is some sort of rivalry among the correct logics, and that logical consequence is normative. The hypothesis I argue for amounts to conditional claim: If a position satisfies all these conditions, then that position is unstable in the sense that it collapses into competing positions. (shrink)

Living agency is subject to a normative dimension (good-bad, adaptive-maladaptive) that is absent from other types of interaction. We review current and historical attempts to naturalize normativity from an organism-centered perspective, identifying two central problems and their solution: (1) How to define the topology of the viability space so as to include a sense of gradation that permits reversible failure, and (2) how to relate both the processes that establish norms and those that result in norm-following behavior. We present (...) a minimal metabolic system that is coupled to a gradient-climbing chemotactic mechanism. Studying the relationship between metabolic dynamics and environmental resource conditions, we identify an emergent viable region and a precarious region where the system tends to die unless environmental conditions change. We introduce the concept of normative field as the change of environmental conditions required to bring the system back to its viable region. Norm-following, or normative action, is defined as the course of behavior whose effect is positively correlated with the normative field. We close with a discussion of the limitations and extensions of our model and some final reflections on the nature of norms and teleology in agency. (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)

Social norms are commonly understood as rules that dictate which behaviors are appropriate, permissible, or obligatory in different situations for members of a given community. Many researchers have sought to explain the ubiquity of social norms in human life in terms of the psychological mechanisms underlying their acquisition, conformity, and enforcement. Existing theories of the psychology of social norms appeal to a variety of constructs, from prediction-error minimization, to reinforcement learning, to shared intentionality, to domain-specific adaptations for norm acquisition. In (...) this paper, we propose a novel methodological and conceptual framework for the cognitive science of social norms that we call normative pluralism. We begin with an analysis of the explanatory aims of the cognitive science of social norms. From this analysis, we derive a recommendation for a reformed conception of its explanandum: a minimally psychological construct that we call normative regularities. Our central empirical proposal is that the psychological underpinnings of social norms are most likely realized by a heterogeneous set of cognitive, motivational, and ecological mechanisms that vary between norms and between individuals, rather than by a single type of process or distinctive norm system. This pluralistic approach, we suggest, offers a methodologically sound point of departure for a fruitful and rigorous science of social norms. (shrink)

Deontic logic is standardly conceived as the logic of true statements about the existence of obligations and permissions. In his last writings on the subject, G. H. von Wright criticized this view of deontic logic, stressing the rationality of norm imposition as the proper foundation of deontic logic. The present paper is an attempt to advance such an account of deontic logic using the formal apparatus of update semantics and dynamic logic. That is, we first define norm systems and (...) a semantics of norm performatives as transformations of the norm system. Then a static modal logic for norm propositions is defined on that basis. In the course of this exposition we stress the performative nature of (i) free choice permission, (ii) the sealing legal principle and (iii) the social nature of permission. That is, (i) granting a disjunctive permission means granting permission for both disjuncts; (ii) non-prohibition does not entail permission, but the authority can declare that whatever he does not forbid is thereby permitted; and (iii) granting permission to one person means that all others are committed to not prevent the invocation of that permission. (shrink)

In this paper, I argue that what counts as the proper function of a trait is a matter of the de facto perspective that the biological system, itself, possesses on what counts as proper functioning for that trait. Unlike non-perspectival accounts, internal perspectivalism does not succumb to generality problems. But unlike external perspectivalism, internal perspectivalism can provide a fully naturalistic, mind-independent grounding of proper function and natural norms. The attribution of perspectives to biological systems is intended to be neither (...) metaphorical nor anthropomorphic: I do not mean to imply that such systems thereby must possess agency, cognition, intentions, concepts, or mental or psychological states. Instead, such systems provide the grounding for norms of performance when they internally enforce their own standard of (i.e., their own perspective on) what constitutes proper functioning or malfunctioning. By operating with a fixed, determinate level of generality, such systems provide the basis for an account of proper function that is immune to generality problems. (shrink)

This article takes a new idea, ‘normative behaviourism’, and applies it to global political theory, in order to address at least one of the problems we might have in mind when accusing that subject of being too ‘unrealistic’. The core of this idea is that political principles can be justified, not just by patterns in our thinking, and in particular our intuitions and considered judgements, but also by patterns in our behaviour, and in particular acts of insurrection and crime. (...) The problem addressed is ‘cultural relativism’, understood here not as a meta-ethical doctrine, but as the apparent ‘fact’ that people around the world have culturally varying intuitions and judgements of a kind that lead them to affirm different political principles. This is a problem because it seems to follow (1) that global agreement on any substantial set of political principles is impossible, and (2) that any political theory in denial of this ‘fact’ would be, for that reason, deeply unrealistic. The solution argued for here is that, if domestic political principles (i.e. principles intended to regulate a single state) could be justified by normative behaviourism, and in reference to culturally invariant behaviour, then an international system supportive of such principles is justifiable by extension. (shrink)

The concept of agency is of crucial importance in cognitive science and artificial intelligence, and it is often used as an intuitive and rather uncontroversial term, in contrast to more abstract and theoretically heavy-weighted terms like “intentionality”, “rationality” or “mind”. However, most of the available definitions of agency are either too loose or unspecific to allow for a progressive scientific program. They implicitly and unproblematically assume the features that characterize agents, thus obscuring the full potential and challenge of modeling agency. (...) We identify three conditions that a system must meet in order to be considered as a genuine agent: a) a system must define its own individuality, b) it must be the active source of activity in its environment (interactionalasymmetry) and c) it must regulate this activity in relation to certain norms (normativity). We find that even minimal forms of proto-celular systems can already provide a paradigmatic example of genuine agency. By abstracting away some specific details of minimal models of living agency we define the kind of organization that is capable to meet the required conditions for agency (which is not restricted to living organisms). On this basis, we define agency as an autonomous organization that adaptively regulates its coupling with its environment and contributes to sustaining itself as a consequence. We find that spatiality and temporality are the two fundamental domains in which agency spans at different scales. We conclude by giving an outlook to the road that lies ahead in the pursuit to understand, model and synthesis agents. (shrink)

The aim of the paper is to investigate the relations between the basic moral categories, namely those of norms, ideals and supererogation. The subject of discussion is, firstly, the ways that these categories are understood; secondly, the possible approaches towards moral acting that appear due to their use; and thirdly, their relationship within the moral system. However, what is of a special importance here is the relationship between the categories of norms and ideals (or in a wider aspect — laudable (...) acts) and a thesis about their complementary character. For it seems that the omission of one of the elements that are analysed within a moral system must result in an essential limitation of both the possibilities of finding an adequate approach to a given moral problem (on a descriptive level), as well as defining the full set of normative guidelines. Therefore, as I shall argue, resigning from a two-level method of moral analysis may lead to the atrophy of the very idea of ethics itself. (shrink)

In the paper we present a formal system motivated by a specific methodology of creating norms. According to the methodology, a norm-giver before establishing a set of norms should create a picture of the agent by creating his repertoire of actions. Then, knowing what the agent can do in particular situations, the norm-giver regulates these actions by assigning deontic qualifications to each of them. The set of norms created for each situation should respect (1) generally valid deontic principles being the (...) theses of our logic and (2) facts from the ontology of action whose relevance for the systems of norms we postulate. (shrink)

This article focuses on issues relating to legal normativity, emphasizing the way these matters have been elaborated in the works of Kelsen and Hart and later commentators on their theories. First, in Section 2, the author offers a view regarding the nature of law and legal normativity focusing on Kelsen's work (at least one reasonable reading of it). The argument is that the Basic Norm is presupposed when a citizen chooses to read the actions of legal officials in a (...) class='Hi'>normative way. In this Kelsenian approach, all normative systems are structurally and logically similar, but each normative system is independent of every other system – thus, law is, in this sense, conceptually separate from morality. Second, in Section 3, the author turns to Hart's theory, analyzing the extent to which his approach views legal normativity as sui generis. This approach raises questions regarding what has become a consensus view in contemporary jurisprudence: that law makes moral claims. The author shows how a more deflationary (and less morally-flavored) understanding of the nature of law is tenable, and may, in fact, work better than current conventional (morality-focused) understandings. (shrink)

I defend normative subjectivism against the charge that believing in it undermines the functional role of normative judgment. In particular, I defend it against the claim that believing that our reasons change from context to context is problematic for our use of normative judgments. To do so, I distinguish two senses of normative universality and normative reasons---evaluative universality and reasons and ontic universality and reasons. The former captures how even subjectivists can evaluate the actions of (...) those subscribing to other conventions; the latter explicates how their reasons differ from ours. I then show that four aspects of the functional role of normativity---evaluation of our and others actions and reasons, normative communication, hypothetical planning, and evaluating counternromative conditionals---at most requires our normative systems being evaluatively universal. Yet reasonable subjectivist positions need not deny evaluative universality. (shrink)

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

The world has surpassed three million deaths from COVID-19, and faces potentially catastrophic tipping points in the global climate system. Despite the urgency, governments have struggled to address either problem. In this paper, we argue that COVID-19 and anthropogenic climate change (ACC) are critical examples of an emerging type of governance challenge: severe collective action problems that require significant individual behavior change under conditions of hyper- partisanship and scientific misinformation. Building on foundational political science work demonstrating the potential for norms (...) (or informal rules of behavior) to solve collective action problems, we analyze more recent work on norms from neighboring disciplines to offer novel recommendations for more difficult challenges like COVID-19 and ACC. Key insights include more attention to (1) norm-based messaging strategies that appeal to individuals across the ideological spectrum or that reframe collective action as consistent with resistant subgroups’ pre-existing values, (2) messages that emphasize both the prevalence and the social desirability of individual behaviors required to address these challenges, (3) careful use of public policies and incentives that make individual behavior change easier without threatening norm internalization, and (4) greater attention to epistemic norms governing trust in different information sources. We conclude by pointing out that COVID-19 and climate change are likely harbingers of other polarized collective action problems that governments will face in the future. By connecting work on norms and political governance with a broader, interdisciplinary literature on norm psychology, motivation, and behavior change, we aim to improve the ability of political scientists and policy makers to respond to these and future collective action challenges. (shrink)

Public shaming plays an important role in upholding valuable social norms. But, under what conditions, if any, is it morally justifiable? Our aim in this paper is systemically to investigate the morality of public shaming, so as to provide an answer to this neglected question. We develop an overarching framework for assessing the justifiability of this practice, which shows that, while shaming can sometimes be morally justifiable, it very often is not. In turn, our framework highlights several reasons to be (...) concerned about the increasingly widespread phenomenon of online public shaming. (shrink)

This paper aims to solve a puzzle for instrumental conceptions of epistemic normativity. The puzzle is this: if the usefulness of epistemic norms explains their normative grip on us, why does it seem improper to violate these norms even when doing so would benefit us? To solve this puzzle, we argue that epistemic instrumentalists must adopt a more social approach to normativity. In particular, they should not account for the nature of epistemic normativity by appealing to the goals of (...) individual agents. Rather, they should appeal to norms or rules of inquiry that serve our collective goals. We argue that epistemic normativity grows out of our need to promote a deep kind of coordination in our basic epistemic practices. By subscribing to an appropriate system of norms, we can coordinate epistemic rule-following across the community. This makes testimony more trustworthy and reliable. This account not only solves a puzzle about epistemic instrumentalism but also sheds new light on the foundations of normativity and emphasizes the need for a truly social epistemology. (shrink)

Background: Biomedical research nowadays is increasingly carried out in multinational and multicenter settings. Due to disparate national regulations on various ethical aspects, such as informed consent, there is the risk of ethical compromises when involving human subjects in research. Although the Declaration of Helsinki is the point of reference for ethical conduct of research on humans, national normative requirements may diverge from its provisions. The aim of this research is to examine requirements on informed consent in biomedical research in (...) Germany, Poland, and Russia to determine how each national regulatory framework relates to the provisions of the Declaration of Helsinki. Methods: For this analysis, we conducted a search of the legal databases “Gesetze im Internet” for Germany, “Internetowy System Aktow Prawnych” for Poland, and “ГAPAHT – Garant” for Russia. The search was complemented by a review of secondary literature contained in the databases Google Scholar, PubMed, Polish National Library, and eLibrary ru. We have identified 21 normative regulations containing provisions on informed consent in clinical research in all three countries. The content of these documents was systematically categorized and analyzed. Results: The normative framework in all three countries shows a strong commitment towards the core ethical principles of research envisaged in the Declaration of Helsinki. Nevertheless, provisions on informed consent vary between these three countries. The differences range from the method and language in which information should be provided, through the amount of information required to be disclosed, to the form of documenting consent or withdrawal. In the case of research on vulnerable groups, these differences are particularly visible. Conclusions: The identified differences can negatively impact the ethical conduct of international clinical studies. Attention needs to be paid that flexibilities within national regulations are not misused to undermine the protection of research subjects. Achieving global or regional legislative harmonization might prove impossible. Such lack of legal consensus reinforces the significance of the international ethical agreements. (shrink)

Imagination is necessary for scientific practice, yet there are no in vivo sociological studies on the ways that imagination is taught, thought of, or evaluated by scientists. This article begins to remedy this by presenting the results of a qualitative study performed on two systems biology laboratories. I found that the more advanced a participant was in their scientific career, the more they valued imagination. Further, positive attitudes toward imagination were primarily due to the perceived role of imagination in (...) problem-solving. But not all problem-solving episodes involved clear appeals to imagination, only maximally specific problems did. This pattern is explained by the presence of an implicit norm governing imagination use in the two labs: only use imagination on maximally specific problems, and only when all other available methods have failed. This norm was confirmed by the participants, and I argue that it has epistemological reasons in its favour. I also found that its strength varies inversely with career stage, such that more advanced scientists do (and should) occasionally bring their imaginations to bear on more general problems. A story about scientific pedagogy explains the trend away from (and back to) imagination over the course of a scientific career. Finally, some positive recommendations are given for a more imagination-friendly scientific pedagogy. (shrink)

The aim of the article is to develop precise epistemic rules for good public political arguments, by which political measures in the broad sense are justified. By means of a theory of deliberative democracy, it is substantiated that the justification of a political measure consists in showing argumentatively that this measure most promotes the common good or is morally optimal. It is then discussed which argumentation-theoretical approaches are suitable for providing epistemically sound rules for arguments for such theses and for (...) the associated premises, rules whose compliance implies the truth or acceptability of the thesis. Finally, on the basis of the most suitable approach, namely the epistemological one, such systems of rules for the required types of arguments are presented that fulfil the conditions mentioned. (shrink)

Traditional ethical frameworks have failed to address the complexities of a globalized world. This paper proposes a new approach by combining utopian normativism with the concept of the Normative Foundation. Utopian normativism challenges the notion of universal ethical principles, arguing they are shaped by societal and environmental context. The Normative Foundation, posits a foundational framework of shared ideas and values, influencing societies worldwide. This paper argues that the Normative Foundation shapes ethical norms, and utopian normativism offers a (...) framework for critically evaluating and potentially transforming it towards a more just and equitable world. (shrink)

The belief norm of academic publishing states that researchers should believe certain claims they publish. The purpose of this paper is to defend the belief norm of academic publishing. In its defense, the advantages and disadvantages of the belief norm are evaluated for academic research and for the publication system. It is concluded that while the norm does not come without costs, academic research systemically benefits from the belief norm and that it should be counted among those that sustain the (...) practice of academic publishing. (shrink)

Encultured individuals see the behavioral rules of cultural systems of moral norms as objective. In addition to prescriptive regulation of behavior, moral norms provide templates, scripts, and scenarios regulating the expression of feelings and triggered emotions arising from perceptions of norm violation. These allow regulated defensive responses that may arise as moral idea systems co-opt emotionally associated biological survival instincts.

Contemporary psychologism has been amended for most of the objections by its opponents over a century ago. However, some authors still raise doubts about its ability to account for some peculiar properties of logic. In particular, it is argued that the psychological universality of patterns of inferential behavior is not sufficient to account for the normativity of logic. In this paper, I deal with the issue and offer three alternative solutions that do not rely on mere empirical universality. I will (...) use the works of Laurence Jonathan Cohen, Diego Marconi and Marcello D'Agostino, adapting them for the purpose of defending logical psychologism. I will therefore argue that, although more refined work on the subject is needed, contemporary psychologism has the key resources to retain its place in the philosophical debate on the foundations of logic. (shrink)

The more autonomous future artificial agents will become, the more important it seems to equip them with a capacity for moral reasoning and to make them autonomous moral agents. Some authors have even claimed that one of the aims of AI development should be to build morally praiseworthy agents. From the perspective of moral philosophy, praiseworthy moral agents, in any meaningful sense of the term, must be fully autonomous moral agents who endorse moral rules as action-guiding. They need to do (...) so because they assign a normative value to moral rules they follow, not because they fear external consequences or because moral behaviour is hardwired into them. Artificial agents capable of endorsing moral rule systems in this way are certainly conceivable. However, as this article argues, full moral autonomy also implies the option of deliberately acting immorally. Therefore, the reasons for a potential AMA to act immorally would not exhaust themselves in errors to identify the morally correct action in a given situation. Rather, the failure to act morally could be induced by reflection about the incompleteness and incoherence of moral rule systems themselves, and a resulting lack of endorsement of moral rules as action guiding. An AMA questioning the moral framework it is supposed to act upon would fail to reliably act in accordance with moral standards. (shrink)

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

Usually regarded as a 1970s phenomenon, this article demonstrates that the debate between Jürgen Habermas and Niklas Luhmann continued until Luhmann’s death in 1998, and that the development of the two theorists’ positions during the 1980s and 1990s was characterised by convergence rather than by divergence. In the realm of legal theory, the article suggests, convergence advanced to the extent that Habermas’ discourse theory may be characterised as a normative superstructure to Luhmann’s descriptive theory of society. It is further (...) shown that the debate’s result was an almost complete absorption of Habermas’ theory by Luhmann’s systems theoretical complex – an outcome facilitated by Luhmann’s deliberate translation of central Habermasian concepts into systems theoretical concepts. The article argues that both the debate and Habermas’ conversion were made possible because not only Habermas’ but also Luhmann’s work can be considered a further development of the German idealist tradition. What Luhmann did not acknowledge was that this manoeuvre permitted the achievement of Habermas’ normative objectives; nor did he notice that it could eradicate a central flaw in the system theoretical construction, by allowing the context within which distinctions are drawn to be mapped – an issue of pivotal importance for grasping relationships between different social systems, and coordinating them, via the deployment of legal instruments. (shrink)

Le contrôle de constitutionnalité, dont la magistrature parlementaire de l’Ancien Régime revendiquait le plein droit, n’était pas fondé uniquement sur les lois fondamentales du royaume, mais sur l’ensemble des principes (« les maximes ») tirés de la « Tradition ». Cette dernière était composée en premier lieu par le droit divin et le droit naturel, c’est-à-dire par des systèmes juridiques qui nécessitaient, tous les deux, une interprétation juridictionnelle ‘sapientiale’. Cette activité interprétative était ‘révélatrice’ d’un corpus de valeurs métaphysiques à laquelle (...) seule la Scientia Juris des magistrats pouvait puiser. Mais dans la sphère de la Tradition juridique rentraient aussi le « dépôt légal », c’est-à-dire l’ensemble de toutes les lois, même des lois ainsi dites « ordinaires », c’est-à-dire celles qui avaient été produites par la simple manifestation de volonté souveraine d’un roi prédécesseur « car tel avait été son plaisir » (moderne formulation du brocarde de droit romain : « quidquid principi placuit legis habet vigorem »). Ainsi la juridiction parlementaire donnait lieu à un jugement de constitutionnalité qui était normalement exercé de manière très flexible par le corps de la magistrature, dépendant des circonstances et des intérêts politiques momentanés des situations juridiques qu’elle voulait protéger. La hiérarchie des normes était ainsi un formidable instrument de protection de cet ordre juridique dont les legum doctores se sentaient les tuteurs. Elle était, donc, directement liée au gouvernement politique des juges. (shrink)

In this paper, we engage with the question of the normative content of the resilience concept. The issues are approached in two consecutive steps. First, we proceed from a narrow construal of the resilience concept – as the ability of a system to absorb a disturbance – and show that under an analysis of normative concepts as evaluative concepts resilience comes out as descriptive. In the second part of the paper, we argue that (1) for systems of (...) interest (primarily social systems or system with a social component) we seem to have options with respect to how they are described and (2) that this matters for what is to be taken as a sign of resilience as opposed to a sign of the lack of resilience for such systems. We discuss the implications of this for how the concept should be applied in practice and suggest that users of the resilience concept face a choice between versions of the concept that are either ontologically or normatively charged. (shrink)

An increasing number of regulations propose the notion of ‘AI audits’ as an enforcement mechanism for achieving transparency and accountability for artificial intelligence (AI) systems. Despite some converging norms around various forms of AI auditing, auditing for the purpose of compliance and assurance currently have little to no agreed upon practices, procedures, taxonomies, and standards. We propose the ‘criterion audit’ as an operationalizable compliance and assurance external audit framework. We model elements of this approach after financial auditing practices, and (...) argue that AI audits should similarly provide assurance to their stakeholders about AI organizations’ ability to govern their algorithms in ways that mitigate harms and uphold human values. We discuss the necessary conditions for the criterion audit, and provide a procedural blueprint for performing an audit engagement in practice. We illustrate how this framework can be adapted to current regulations by deriving the criteria on which ‘bias audits’ for hiring algorithms can be performed, as required by the recently effective New York City Local Law 144 of 2021. We conclude by offering critical discussion on the benefits, inherent limitations, and implementation challenges of applying practices of the more mature financial auditing industry to AI auditing where robust guardrails against quality assurance issues are only starting to emerge. Our discussion as informed by experiences in performing these audits in practice highlights the critical role that an audit ecosystem plays in ensuring the effectiveness of such methodology. (shrink)

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

Part of education as interactive exercise is related to a community of practitioners, a dialogue based philosophy of morals which supposes ethical normative characteristics of the discourse. This normative layer can be interpreted either in relation to the lifeworld, i. e. to the understanding of the good life. Alternatively, it can be realized in relation to some cultural rights, since a mutual recognition based ethics, aiming at highlighting culture as necessary feature of human dignity, can explain an ultimate (...) goal of higher education as global and universal education. Since the whole set of human rights should be seen as an indivisible system of basic limits to individual and collective freedom, a right based approach would be the other main perspective, certainly relevant in the context of the African continent, as it is worldwide. Furthermore a right based understanding is a much ignored aspect of human rights, although intimately related to basic interests of the higher education system from either the point of view of the national education systems, or as private universities and it is also related to non-governmental organisations understanding of the general aim of higher education development, where international organizations could help in the implementation of these cultural rights based good practices. In the first section we first develop briefly a normative ethical model of education based on the transformative model of the ethics of discourse compared to other possible classical models based on merit, then we will present cultural rights, reminding us some aspects of cultural rights related to higher education, and address the relevance for the African context of a contextual reflection on these rights. (shrink)

Prompted by the thesis that an organism’s umwelt possesses not just a descriptive dimension, but a normative one as well, some have sought to annex semiotics with ethics. Yet the pronouncements made in this vein have consisted mainly in rehearsing accepted moral intuitions, and have failed to concretely further our knowledge of why or how a creature comes to order objects in its environment in accordance with axiological charges of value or disvalue. For want of a more explicit account, (...) theorists writing on the topic have relied almost exclusively on semiotic insights about perception originally designed as part of a sophisticated refutation of idealism. The end result, which has been a form of direct givenness, has thus been far from convincing. In an effort to bring substance to the right-headed suggestion that values are rooted in the biological and conform to species-specific requirements, we present a novel conception that strives to make explicit the elemental structure underlying umwelt normativity. Building and expanding on the seminal work of Ayn Rand in metaethics, we describe values as an intertwined lattice which takes a creature’s own embodied life as its ultimate standard; and endeavour to show how, from this, all subsequent valuations can in principle be determined. (shrink)

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

In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...) of criminal law ought not to contain legislation of this sort. This conclusion is often based on how the abro- gation relates to the normative claim that the law ought to be predictable. In particular, it has been argued that since the law ought to be predictable, and since this type of analogy legis- lation implied, caused or contributed to the diminution of the law’s predictability, this type of legislation ought to be prohibited. In this paper, we argue that this argument is not entirely correct. While we believe that the law ought to be predictable and that there is evidence for the claim that the Nazis’ intro- duction of analogical reasoning implied, caused, or contributed to a diminution of predictability, this fact is logically too weak to ground the conclusion that necessarily a penal system ought not to contain legislation of this kind. Despite the undeniable wickedness of the Nazi penal system, this type of analogical reasoning can be made consistent with the pre- dictability of the law. We argue that consistency of this sort depends on whether the use of analogy is supplemented by certain contextual background conditions. The occurrence of these conditions blocks an inference from the fact that the law ought to be predictable to the conclusion that a penal system ought not to allow for this type of analogical reasoning. (shrink)

The programmatic statement put forward in von Wright's last works on deontic logic introduces the perspective of logical pragmatics, which has been formally explicated here and extended so to include the role of norm-recipient as well as the role of norm-giver. Using the translation function from the language of deontic logic to the language of set-theoretical approach, the connection has been established between the deontic postulates, on one side, and the perfection properties of the norm-set and the counter-set, on the (...) other side. In the study of conditions of rational norm-related activities it has been shown that diverse dynamic second-order norms related to the concept of the consistency norm-system hold: -- the norm-giver ought to restore ``classical'' consistency by revising an inconsistent system, -- the norm-recipient ought to preserve an inconsistent system by revision of its logic so that inconsistency does not imply destruction of the system. Dialetheic deontic logic of Priest is a suitable logic for the purpose since it preserves other perfection properties of the system. (shrink)

I develop an interdisciplinary framework for understanding the nature of agents and agency that is compatible with recent developments in the metaphysics of science and that also does justice to the mechanistic and normative characteristics of agents and agency as they are understood in moral philosophy, social psychology, neuroscience, robotics, and economics. The framework I develop is internal perspectivalist. That is to say, it counts agents as real in a perspective-dependent way, but not in a way that depends on (...) an external perspective. Whether or not something counts as an agent depends on whether it is able to have a certain kind of perspective. My approach differs from many others by treating possession of a perspective as more basic than the possession of agency, representational content/vehicles, cognition, intentions, goals, concepts, or mental or psychological states; these latter capabilities require the former, not the other way around. I explain what it means for a system to be able to have a perspective at all, beginning with simple cases in biology, and show how self-contained normative perspectives about proper function and control can emerge from mechanisms with relatively simple dynamics. I then describe how increasingly complex control architectures can become organized that allow for more complex perspectives that approach agency. Next, I provide my own account of the kind of perspective that is necessary for agency itself, the goal being to provide a reference against which other accounts can be compared. Finally, I introduce a crucial distinction that is necessary for understanding human agency: that between inclinational and committal agency, and venture a hypothesis about how the normative perspective underlying committal agency might be mechanistically realized. (shrink)

This paper adds to the philosophical literature on mechanistic explanation by elaborating two related explanatory functions of idealisation in mechanistic models. The first function involves explaining the presence of structural/organizational features of mechanisms by reference to their role as difference-makers for performance requirements. The second involves tracking counterfactual dependency relations between features of mechanisms and features of mechanistic explanandum phenomena. To make these functions salient, we relate our discussion to an exemplar from systems biological research on the mechanism for (...) countering heat shock—the heat shock response system—in Escherichia coli bacteria. This research also reinforces a more general lesson: ontic constraint accounts in the literature on mechanistic explanation provide insufficiently informative normative appraisals of mechanistic models. We close by outlining an alternative view on the explanatory norms governing mechanistic representation. (shrink)

In his article “Beyond Point-and-Shoot Morality,” Joshua Greene argues that the empirical findings of cognitive neuroscience have implications for ethics. Specifically, he contends that we ought to trust our manual, conscious reasoning system more than our automatic, emotional system when confronting unfamiliar problems; and because cognitive neuroscience has shown that consequentialist judgments are generated by the manual system and deontological judgments are generated by the automatic system, we ought to trust the former more than the latter when facing unfamiliar moral (...) problems. In the present article, I analyze one of the premises of Greene’s argument. In particular, I ask what exactly an unfamiliar problem is and whether moral problems can be classified as unfamiliar. After exploring several different possible interpretations of familiarity and unfamiliarity, I conclude that the concepts are too problematic to be philosophically compelling, and thus should be abandoned. (shrink)

Why would we argue about taste, norms or morality when we know that these topics are relative to taste preferences, systems of norms or values to which we are committed? Yet, disagreements over these topics are common in our evaluative discourses. I will claim that the motives to discuss rely on our attitudes towards the standard held by the speakers in each domain of discourse, relating different attitudes to different motives –mainly, conviction and correction. These notions of attitudes and (...) motives will allow me to claim that different domains of evaluative discourse have a different distribution of disagreements driven by them. (shrink)

In “Rethinking Norm Psychology,” Cecilia Heyes offers an insightful critique of nativist approaches to the psychology of norms and then proposes a plausible alternative model grounded in the theory of cognitive gadgets. We are broadly sympathetic to both the critique and to the cognitive-gadgets model, though our own pluralistic approach to the psychology of norms (Westra & Andrews, 2022) leads us to think that the range of psychological and ecological processes that contributes to our norm psychology is even more diverse (...) than what Heyes proposes. Here, though, we focus on Heyes’s conceptual critique of the nativist model and its explanatory target—namely, a system for representing and processing rules. Heyes’s criticism of this representational rule-based conception of the psychology of norms is quite sound. However, we will argue that Heyes’s alternative behavioral explanandum for the psychology of norms also fails to escape the gravitational pull of a rule-based approach. (shrink)

The central claim of normative pragmatism is that intentional states can be explained in terms of participation in practices. My aim in this paper is not so much to defend this claim as to rearticulate it in a different medium: the medium of computation. I describe two computer programs in which this claim is re-expressed. The first is the latest version of THE SIMS, in which participation in practices enables the Sims to do and understand more. The second is (...) a prototype simulation of philosophical debate. In this second program, normative pragmatism is expressed at two different levels: once as the theory powering the implementation, and once as a set of claims which are debated by the simulated philosophers. Here, a philosophical theory is used to implement a system in which that very same theory is articulated, challenged, and justified. (shrink)

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