Philosophers and linguists currently lack the means to reliably identify evaluative concepts and measure their evaluative intensity. Using a corpus-based approach, we present a new method to distinguish evaluatively thick and thin adjectives like ‘courageous’ and ‘awful’ from descriptive adjectives like ‘narrow,’ and from value-associated adjectives like ‘sunny.’ Our study suggests that the modifiers ‘truly’ and ‘really’ frequently highlight the evaluative dimension of thick and thin adjectives, allowing for them to be uniquely classified. Based on these (...) results, we believe our operationalization may pave the way for a more quantitative approach to the study of thick and thin concepts. (shrink)

I argue that knowledge is a particular kind of concept known as a thick concept. Examples of thick concepts include courage, generosity, loyalty, brutality, and so forth. These concepts are commonly said to combine both evaluation and description, and one of the main goals of this dissertation is to provide a new account of how a thick concept combines these elements. It is argued that thick concepts are semantically evaluative, and that they combine (...) evaluation and description in a way similar to that of concepts like good qua dancer and bad qua violinist. In the final chapter, this basic idea is applied to the concept of knowledge. There, the concept of knowledge is analyzed in terms of good qua belief. The upshot is that two central epistemological problems—the Gettier Problem and the Value Problem—can be resolved. (shrink)

Many theorists hold that there is, among value concepts, a fundamental distinction between thin ones and thick ones. Among thin ones are concepts like good and right. Among concepts that have been regarded as thick are discretion, caution, enterprise, industry, assiduity, frugality, economy, good sense, prudence, discernment, treachery, promise, brutality, courage, coward, lie, gratitude, lewd, perverted, rude, glorious, graceful, exploited, and, of course, many others. Roughly speaking, thick concepts are value (...) class='Hi'>concepts with significant descriptive content. I will discuss a number of problems having to do with how best to understand the notion of a thick concept. Thick concepts have been widely discussed in the .. (shrink)

Social dimension of moral responsibility has started to gain more attention in moral philosophy, be it within the network of action theory, or any other meta-ethical domain. Although there are many social acts and therefore social dimensions of responsibility, I aim to indicate one aspect of sociality in our thinking and practice, particularly in our moral thinking, that is the thick concepts. In this work, I consider Vargas’s concept moral ecology (2015, 2018) as a tool to understand certain (...) social aspects of moral responsibility, while claiming to extend his line of thinking in moral ecology by giving a more active role to the individual agent within the ecology that she is engaged in. I claim that when we understand the relationships between the agent and her surrounding ecology in a more complex, and under certain circumstances in a rather reciprocal way, we can have a better and more nuanced understanding of non-ideal moral landscapes that we are engaged in, while maintaining a certain kind of responsibility to the agents in their social environments. I will use the term niche construction and niche selection – concept that are already at use within the similar biological line of thought within action – to refer to such situations where agents are actively shaping their environments. (shrink)

A term expresses a thick concept if it expresses a specific evaluative concept that is also substantially descriptive. It is a matter of debate how this rough account should be unpacked, but examples can help to convey the basic idea. Thick concepts are often illustrated with virtue concepts like courageous and generous, action concepts like murder and betray, epistemic concepts like dogmatic and wise, and aesthetic concepts like gaudy and brilliant. These concepts (...) seem to be evaluative, unlike purely descriptive concepts such as red and water. But they also seem different from general evaluative concepts. In particular, thick concepts are typically contrasted with thin concepts like good, wrong, permissible, and ought, which are general evaluative concepts that do not seem substantially descriptive. When Jane says that Max is good, she appears to be evaluating him without providing much description, if any. Thick concepts, on the other hand, are evaluative and substantially descriptive at the same time. For instance, when Max says that Jane is courageous, he seems to be doing two things: evaluating her positively and describing her as willing to face risk. Because of their descriptiveness, thick concepts are especially good candidates for evaluative concepts that pick out properties in the world. Thus they provide an avenue for thinking about ethical claims as being about the world in the same way as descriptive claims. -/- Thick concepts became a focal point in ethics during the second half of the twentieth century. At that time, discussions of thick concepts began to emerge in response to certain disagreements about thin concepts. For example, in twentieth-century ethics, consequentialists and deontologists hotly debated various accounts of good and right. It was also claimed by non-cognitivists and error-theorists that these thin concepts do not correspond to any properties in the world. Dissatisfaction with these viewpoints prompted many ethicists to consider the implications of thick concepts. The notion of a thick concept was thought to provide insight into meta-ethical questions such as whether there is a fact-value distinction, whether there are ethical truths, and, if there are such truths, whether these truths are objective. Some ethicists also theorized about the role that thick concepts can play in normative ethics, such as in virtue theory. By the beginning of the twenty-first century, the interest in thick concepts had spread to other philosophical disciplines such as epistemology, aesthetics, metaphysics, moral psychology, and the philosophy of law. -/- Nevertheless, the emerging interest in thick concepts has sparked debates over many questions: How exactly are thick concepts evaluative? How do they combine evaluation and description? How are thick concepts related to thin concepts? And do thick concepts have the sort of significance commonly attributed to them? This article surveys various attempts at answering these questions. (shrink)

Oppressive ideology regularly misrepresents features of structural injustice as normal or appropriate. Resisting such injustice therefore requires critical examination of the evaluative judgments encoded in shared concepts. In this paper, I diagnose a mechanism of ideological misevaluation, which I call "hermeneutical misfit." Hermeneutical misfit occurs when thick concepts, or concepts which both describe and evaluate, mobilize ideologically warped evaluative judgments which do not fit the facts (e.g. "slutty"). These ill-fitted thick concepts in turn are (...) regularly deployed as if they merely describe--a phenomenon I call "descriptive masquerade." I argue that, via descriptive masquerade, ill-fitted thick concepts smuggle in warped evaluative judgments alongside apparently value-neutral ‘mere facts’, a process which both reinforces those judgments and increases the difficulty of critique. I investigate the concept "obesity" as an example: scientists and medical practitioners will deploy this concept as if it "merely" describes, enabling the smuggling of a host of warped evaluative judgments. I suggest that, to resist this process, we should develop collective consciousness and articulate "meta-hermeneutical resources," or thick concepts which encode critique of other, ill-fitted concepts (e.g. "slut-shaming" or "fat-shaming"). (shrink)

Thick concepts, namely those concepts that describe and evaluate simultaneously, present a challenge to science. Since science does not have a monopoly on value judgments, what is responsible research involving such concepts? Using measurement of wellbeing as an example, we first present the options open to researchers wishing to study phenomena denoted by such concepts. We argue that while it is possible to treat these concepts as technical terms, or to make the relevant (...) value judgment in-house, the responsible thing to do, especially in the context of public policy, is to make this value judgment through a legitimate political process that includes all the stakeholders of this research. We then develop a participatory model of measurement based on the ideal of co-production. To show that this model is feasible and realistic, we illustrate it with a case study of co-production of a concept of thriving conducted by the authors in collaboration with a UK anti-poverty charity Turn2us. (shrink)

This is a review essay devoted to Pekka Väyrynen’s The Lewd, the Rude and the Nasty. Väyrynen’s book, concerned with thick terms and thick concepts, argues for a pragmatic view on the evaluativeness associated with these terms and concepts. The essay raises a number of critical questions regarding what Väyrynen’s arguments for his view actually show. It deals with, for example, thick properties, the fact-value distinction, what it is for terms and concepts to (...) be (semantically) evaluative, and whether Väyrynen’s arguments generalize to thin evaluative concepts. (shrink)

Abstract Do the central aims of epistemology, like those of moral philosophy, require that we designate some important place for those concepts located between the thin-normative and the non-normative? Put another way, does epistemology need "thick" evaluative concepts and with what do they contrast? There are inveterate traditions in analytic epistemology which, having legitimized a certain way of viewing the nature and scope of epistemology's subject matter, give this question a negative verdict; further, they have carried with (...) them a tacit commitment to what we argue to be an epistemic analogue of the reductionistic centralist thesis which Bernard Williams, in our view, successfully repudiates in ethics. In this essay, we challenge the epistemic analogue of the traditional but mistaken thesis. In offering an alternative to it which provides a comfortable home for the epistemic normativity which attends thick evaluative concepts, we align ourselves with what has been recently called the Value Turn in epistemology. From this perspective, we defend that, contrary to tradition, as influenced by centralist assumptions, epistemology does need thick evaluative concepts. Further, the sort of theories that will be able to give thick evaluative concepts an irreducible role in both belief and agent evaluation are adequately social epistemologies. What loosely refer to as second-wave of virtue epistemology is the widespread interest to provide a comfortable home for the role of thick normativity, as it is connected both with epistemic evaluation, and guidance. We recognize that, in breaking from centralism, there is a worry that a resulting anti-centralist theory will be reductionistic in the other direction, making the thick primary. We contend however that second-wave virtue epistemologies take different sources of social and epistemic value into account; they seek the 'right thickness' to ride with conception of epistemology and a field which due in part to virtue theory's resurgence, is today normative, diverse and expansive than was the traditional set of problems from which it emerged. (shrink)

This entry addresses the question of whether justice is thick, thin, or neither. It discusses three main ways of understanding the difference between thick and thin – Williams’ 1985 distinction, the Continuum Approach, and Hare’s distinction. The question of how to classify justice turns out to be a problem for Williams’ 1985 distinction. If the Continuum Approach is correct, it’s far from clear why it would matter whether a given concept is classified as thick, thin, or neither. (...) Hare’s distinction, on the other hand, allows for a strong case to be made for the claim that “justice” is thick. And if “justice” is thick, in Hare’s sense, then there are at least two potential implications. The first is that justice might be a genuine value property, assuming it’s impossible for “just” to have a value-neutral counterpart. The second is that there might be intractable intercultural disagreements about what things are just. (shrink)

According to the fitting attitude (FA) analysis of value concepts, to conceive of an object as having a given value is to conceive of it as being such that a certain evaluative attitude taken towards it would be fitting. Among the challenges that this analysis has to face, two are especially pressing. The first is a psychological challenge: the FA analysis must call upon attitudes that shed light on our value concepts while not presupposing the (...) mastery of these concepts. The second challenge is normative: the FA analysis must account for the fittingness of the relevant attitudes in terms of a kind of normativity intimately related to these attitudes, but again without presupposing the mastery of the relevant value concepts. In this paper, we show that real progress is possible if we pay close attention to the nature of the attitudes recruited by the analysis. More specifically, we claim that an FA analysis that appeals to emotions conceived as evaluative attitudes — as opposed to, for instance, evaluative judgements or evaluative perceptions — has the best prospects of meeting the two challenges and of putting the FA analysis on a strong footing. (shrink)

In this paper we focus on some new normativist positions and compare them with traditional ones. In so doing, we claim that if normative judgments are involved in determining whether a condition is a disease only in the sense identified by new normativisms, then disease is normative only in a weak sense, which must be distinguished from the strong sense advocated by traditional normativisms. Specifically, we argue that weak and strong normativity are different to the point that one ‘normativist’ label (...) ceases to be appropriate for the whole range of positions. If values and norms are not explicit components of the concept of disease, but only intervene in other explanatory roles, then the concept of disease is no more value-laden than many other scientific concepts, or even any other scientific concept. We call the newly identified position “value-conscious naturalism” about disease, and point to some of its theoretical and practical advantages. (shrink)

The distinction between “thick” and “thin” value concepts, and its importance to ethical theory, has been an active topic in recent meta-ethics. This paper defends three claims regarding the parallel issue about thick and thin epistemic concepts. (1) Analogy with ethics offers no straightforward way to establish a good, clear distinction between thick and thin epistemic concepts. (2) Assuming there is such a distinction, there are no semantic grounds for assigning thick epistemic (...) concepts priority over the thin. (3) Nor does the structure of substantive epistemological theory establish that thick epistemic concepts enjoy systematic theoretical priority over the thin. In sum, a good case has yet to be made for any radical theoretical turn to thicker epistemology. (shrink)

Evaluative concepts and emotions appear closely connected. According to a prominent account, this relation can be expressed by propositions of the form ‘something is admirable if and only if feeling admiration is appropriate in response to it’. The first section discusses various interpretations of such ‘Value-Emotion Equivalences’, for example the Fitting Attitude Analysis, and it offers a plausible way to read them. The main virtue of the proposed way to read them is that it is well-supported by a (...) promising account of emotions, namely the Perceptual Theory of Emotions, which emphasises the analogies between emotions and sensory perceptual experiences. The second section considers a worry about whether concepts such as admirable are really evaluative. It is maintained that even though the arguments used to show that thick terms and concepts are not inherently evaluative can be transposed to affective concepts, these arguments can be resisted. So there is no need to abandon the intuitive claim that affective concepts are inherently evaluative. (shrink)

According to the philosophical tradition, translation is successful when one has substituted words and sentences from one language with those from another by cross-linguistic synonymy. Moreover, according to the orthodox view, the meaning of expressions and sentences of languages are determined by their basic or systematic role in a language. This makes translating normative and evaluative discourse puzzling for two reasons. First, as languages are syntactically and semantically different because of their peculiar cultural and historical influences, and as values and (...) norms differ across cultures, it is unlikely that languages will have synonymous evaluative and normative expressions. If translation is only successful by cross-linguistic synonymy, it would seem that we will not be able to translate the value theoretic claims of persons from radically different cultures. But it is with such persons that dialogue on evaluative matters is imperative, to resolve ethical and axiological differences that could be the root of conflict. Second, as the orthodox account of meaning renders it linguistically relative, it is unlikely that expressions across languages will be cross-linguistically synonymous. Thus, on the Orthodox account of translation, translation is indeterminate (as W.V.O. Quine has argued) or impossible (as Jacques Derrida has argued). In this dissertation I argue for a novel theory of meaning and translation based on innovations in the translation studies literature and my prior work in cross cultural research, which I call Text-Type Semantics or TTS. TTS explains how translation is successful while affirming radical cultural and linguistic diversity. It treats disciplinary concerns as the neutral criteria to calibrate translation. On the basis of TTS I argue that we need what I call the “Quasi-Indexical” account of thick and thin concepts (or QI) to translate normative and evaluative discourse. I argue that QI and TTS succeed where competing accounts in the moral semantics literature (such as Non-Analytic Naturalism and Expressivism) fail. The argument also shows that the relativization of truth (in philosophy and beyond) to languages and cultures is mistaken. (shrink)

In Free Market Fairness, John Tomasi tries to show that ‘thick’ economic liberties, including the right to own productive property, are basic liberties. According to Tomasi, the policy-level consequences of protecting economic liberty as basic are essentially libertarian in character. I argue that if economic liberties are basic, just societies must guarantee their fair value to all citizens. And in order to secure the fair value of economic liberty, states must guarantee that citizens of roughly similar dispositions (...) and talents are roughly equally able to use their economic liberties to develop and pursue a conception of the good. This, I will argue, is a very demanding standard that requires aggressive taxation and redistribution. (shrink)

I intend to: a) clarify the origins and de facto meanings of the term relativism; b) reconstruct the reasons for the birth of the thesis named “cultural relativism”; d) reconstruct ethical implications of the above thesis; c) revisit the recent discussion between universalists and particularists in the light of the idea of cultural relativism.. -/- 1.Prescriptive Moral Relativism: “everybody is justified in acting in the way imposed by criteria accepted by the group he belongs to”. Universalism: there are at least (...) some judgments which are valid inter-culturally Absolutism: there are at least some particular prescriptions which are valid without exception everywhere and always -/- 2. The traditional proof of prescriptive moral relativism: the argument from variability: Judgments, rules, and shared values are de facto variable in time and space. The traditional counter-proof: examples of variability do not prove what skeptics contend. -/- 3. Pre-history of the doctrine -Ancient sophists: either immoralist or contractualist -Modern moral scepticism (xvii c.): variability as an historical and ethnographic fact supports a sceptical conclusion more moderate than sheer immoralism. - Voltaire, Kant, Reid counter-attack pointing at a universally shared moral sense - Romantics and idealists stage an even more moderate reformulation: instead of universally shared moral sense they point at the Spirit of a People which is: a)alternative to abstract and universal philosophical systems as far as it is lived ‘culture’; b) indivisible unity with an inner harmony and a source of normative standards; c) dynamic, in so far as it is a manifestation of the Spirit through the becoming of National cultures. -/- 4. The birth of Cultural Relativism and its ethical implications 4.1. The 18th c. doctrine was the noble savage (a non-historical doctrine: state of nature vs. social state) 4.2 Edward Tylor (1832-1817) and ethnocentric historicism Savage moral standards are real enough, but they are far and weaker than ours. 4.3 Boas and Malinowski and an holistic reaction to ethnocentric historicism -/- Franz Boas (1858-1942): a) Development of civilizations is not ruled by technical progress nor does it follow a one-way path; instead there are parallel developments (for ex. Agriculture does not follow stock-raising); b) racial characters have no relevance in development of civilization; c) we are not yet in a position to compare externally identical kinds of behaviour till we have not yet understood beliefs and intentions laying at their roots (for ex.: “From an ethnological point of view murder cannot be considered as a single phenomenon”; d) we should distinguish among different practices which are only superficially similar (fro ex. practices traditionally classified under the label “tabù”); e) there is as a fact just one normative ethic, constant in its contents but varying in its extension; f) the implication is not that we cannot judge behavior by members of other groups; it is only a recommendation of caution. -/- Bronislaw Malinowski (1884-1942): a) against Tylor’s and Frazer’s “magpie” methodology, field-work is required, a culture as a whole should be observed from inside; individual elements are incomprehensible; b) a culture is an organic whole; c) its elements are accounted for by their function (economy), avoiding non-observables (empio-criticism). -/- Ruth Benedict and Melville Herskovitz identify Boas’s approach with “cultural relativism”. Benedict: what is normal and abnormal is to be judged on a culture’s own standards, not on our own (“Anthropology and the Abnormal”). Herskovits: “Boas adumbrates what we have come to call cultural relativism” (The Mind, p. 10); “Judgements are based on experience, and experience is interpreted by each individual in terms of his own enculturation” (Man and his Works). -/- 4. How analytic philosophy understood and misunderstood the discussion 4.1. At the beginning of the 20th c., the new view in ethics was non-cognitivism (emotivist and subjectivist). Eric Westermark combines this view with an old-style ethnographic approach in support of relativity of moralities. Moralities are codes, or systems of emotive ‘disinterested’ reactions selected by evolution on their usefulness in terms of survival value for the society that is the carrier of such systems or codes. The moral relativity thesis: there are cases of disagreement that cannot be settled even after agreement about facts. 4.2 Anti-realists Brandt, Mackie, Gilbert, Harman adopt Westermark’s approach in a more sophisticated version: a) moralities are codes with an overall function and may be appraised only as wholes; b) variability is an argument for moral subjectivism; c) apparent legitimacy of deriving shift from ought is legitimized only within one institution d) morality should not be described but instead made, and existing moralities may be improved. Is it ‘real’ relativism? It is clearly subjectivism (a metaethical thesis). The normative thesis is that there better and worse codes, and survival values is the normative standard. -/- 4.3 Particularists MacIntyre, Sandel, Taylor, Wiggins, McDowell ‘Wittgensteinian’ prospectivist arguments bent to support weak-relativist claims MacIntyre: there is ‘incommensurability’ between different theoretical systems in both science and ethics. No argument is possible through different systems Different traditions may coexist for a long time without being able to bring their conflicts to a rational solution. -/- 4.4 Kantian universalists Baier, Gewirth, Rawls, Apel, Habermas Shared claim: justice concerns the right and is universal in so far as it may be based on minimal assumptions Other virtues are relative to context in so far as they are related to comprehensive views of the good - O’Neill criticism: a) it is an assumption shared by both alignments; b) after an alleged crisis brought about by alleged loss of metaphysical certainties, theories of justice have dropped demanding assumptions and kept universalism, virtue theories have kept demanding assumptions and dropped universalism; c) the opposition of virtue and justice has arisen in an unjustified way. O’Neill’s positive proposal: ‘constructive’ procedures may be adopted both (i) concerning all the range of virtues and (ii) across cultures once we abandon idealization and confine ourselves to abstraction from real-world cases. -/- 4.5 A metaethical relativist and anti-relativist normative ethicists: Bernard Williams Williams: vulgar relativism may be assumed to claim that: a) 'just' means 'just in a given society'; b) 'just in a given society' is to be understood in functionalist sense; c) it is wrong for one society’s members to condemn another society’s values. It is inconsistent since in (c) uses ‘just’ in a non-relative way that has been excluded in (a). William’s positive proposal: i) keep a number of substantive or thick ethical concepts that will be different in space and time; ii) admit that public choices are to be legitimized through recourse to more abstract procedures and relying on more thin ethical concepts. -/- 5. Critical remarks 5.1 The only real relativism available is ‘vulgar’ relativism (Westermark?) 5.2. Descriptive universalism (or absolutism) has a long pedigree, from Cicero on, reaching Boas himself but it is useless as an answer to normative questions 5.3. Twentieth-century philosophical discussion seems to discuss an ad hoc doctrine reconstructed by assembling obsolete philosophical ideas but ignoring the real theory of cultural relativism as formulated by anthropologists. -/- 6. A distinction between ethoi and ethical theories as a way out of confusions a)There are systems of conventions de facto existing. These may be studies from outside as phenomena or facts. b)There is moral argument and this, when studies from outside, is a fact, but this does not influence in any degree the possible validity of claims advanced. c) the difference between the above claims and Mackie’s criticism to Searle’s argument of the promising game is that promises, arguments etc. are also phenomena, but they are also communicative phenomena with a logical and pragmatic structure. -/- 7.Conclusions: a) cultural relativism, as a name for Boas’s methodology is a valuable discovery, and in this sense we are all relativists; b) ethical relativism, as an alleged implication of cultural relativism, has been argued in a philosophically quite unsophisticated way by Benedict and Herskovits; philosophers apparently discussed ethical relativism in the basis of a rather faint impression of what cultural relativism had been. c) a full-fledged ethical relativism has hardly been defended by anybody among philosophers; virtually no modern philosopher really argued a prescriptive version of the thesis; d) we may accept the grain of truth in ethical relativism by including relativist critique to ethical absolutism into a universalist normative doctrine that be careful in separating open-textured formulations of universal claims from culturally conditioned particular prescriptions. -/- . 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The concept of human dignity has been criticized as either too thick or too thin. However, according to the non-positivistic standpoint, the legal normativity of human dignity can be justified and thus strengthened by means of its moral correctness. From the individual perspective, Mencius’ understanding of human dignity as an intrinsic value and Kant’s formula of ‘man as an end in itself’ can be adequately understood based on the differentiation of, as well as the connection between, principium diiudicationis (...) and principium executionis, between will and choice, and between homo phaenomenon and homo noumenon (that is, ‘humanity in the personality’). From the social perspective, since the dual dimensions of the individual and the social person are both fictive constructions, even Radbruch, once as a supporter of social law, has not replaced the concept of ‘legal person’ and, in the post-War period, acknowledges individualistic human dignity as the criterion for applying the famous ‘disavowal formula’. On the one hand, human dignity shows at least a weak normative character, which requires, firstly, balancing between the exercise of state powers and the constitutional review under the guidance of the dual dimensions of man and, secondly, optimization of the principle of human dignity in individual cases. On the other hand, through the necessary connection between the concept of dignity and that of personality, human dignity can exhibit a strong normative character, which unavoidably requires a metaphysical justification. (shrink)

This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, and it (...) is this aspect of appellate adjudication that is both crucial and unique to it, at least in the U.S. legal system. Entangled concepts intertwine description and evaluation; entangled legal concepts facilitate and constrain legal reasoning and legal judgments, in ways that distinguish legal adjudication from pure politics or the implementation of public policy. In the paper itself, I demonstrate more fully what it is for a legal concept to be an entangled one and how entanglement supplies guidance in adjudication. I also broach how entanglement in legal concepts and engineered entanglement have significance for legal pedagogy; appellate adjudication; the respective roles of the judiciary, the legislature, and administrative agencies; the erosion of the distinction between so-called public law and so-called private law; and our understanding of the fact/value distinction. -/- Understanding more specifically the nature of the entanglement at work in appellate adjudication requires much closer scrutiny of appellate opinions than we usually give. I examine carefully the background to MacPherson v. Buick and Justice Benjamin Cardozo’s particular re-engineering of ‘negligence’ and ‘duty,’ entangled concepts belonging to the same legal taxonomy. Via this scrutiny, I demonstrate the flaws in the engineering of some concepts in the buildup to MacPherson, and how these flaws led to those concepts’ collapse and ultimately to Cardozo’s re-engineering of ‘negligence’ and ‘duty.’ I also explain why careful understanding of the engineering of entangled legal concepts can make us appreciate that even the most successful of such concepts have within in them the grounds for their own obsolescence. -/- To show that conceptual engineering of entangled concepts occurs outside the context of state common law, I also examine how the U.S. Supreme Court has engineered ‘commerce’, itself an entangled concept. The recent decision regarding the individual mandate in the Affordable Care Act makes this example particularly timely. This secondary example also clarifies the nature of entanglement and engineering it. -/- This article concerns appellate adjudication in any area of law. I maintain that whether we are dealing with private law or public law, common law or statutory law or Constitutional law, the defining feature of appellate adjudication is its continuous engineering and reengineering of entangled legal concepts. The merger of fact and value in these concepts explains both the fertility of appellate adjudication and the constraints judges work with when they work with legal concepts that entangle fact and value. (shrink)

The paper provides an analysis of the relationship between the concepts of justice and solidarity. The point of departure of the analysis is Ruud ter Meulen’s claim that these concepts are different but mutually complementary, i.e. are two sides of the same coin. In the paper two alternative accounts of the relationship are proposed. According to the first one, solidarity can be defined in terms of justice, i.e. is a special variety of liberal justice, viz. social liberal justice, (...) which, apart from the value of liberty, also stresses the importance of the value of equality. An example of such a theory is Rawls’s theory of justice, within which the value of equality is ‘encoded’ in the principle of fair equality of opportunity and in the difference principle. According to the second account, solidarity is an expression of a special type of social relationships – the so-called ‘thick relationships’, which are non-superficial, positive, their paradigmatic examples being family and friendship; in other words, the rules of solidarity are rules that are built into ‘thick relationships’. On the first account, justice and solidarity are not different, while on the second account they are different but mutually exclusive rather than mutually complementary. In the last part of the paper some remarks on the social causes of solidarity are made. (shrink)

Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a (...) special kind: reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)

This paper develops under-recognized connections between moderate historicist methodology and character (or virtue) epistemology, and goes on to argue that their combination supports a “dialectical” conception of objectivity. Considerations stemming from underdetermination problems motivate our claim that historicism requires agent-focused rather than merely belief-focused epistemology; embracing this point helps historicists avoid the charge of relativism. Considerations stemming from the genealogy of epistemic virtue concepts motivate our claim that character epistemologies are strengthened by moderate historicism about the epistemic virtues and (...) values at work in communities of inquiry; embracing this point helps character epistemologists avoid the charge of objectivism. (shrink)

Some philosophers hold that so-called "thick" terms and concepts in ethics (such as 'cruel,' 'selfish,' 'courageous,' and 'generous') are contextually variable with respect to the valence (positive or negative) of the evaluations that they may be used to convey. Some of these philosophers use this variability claim to argue that thick terms and concepts are not inherently evaluative in meaning; rather their use conveys evaluations as a broadly pragmatic matter. I argue that one sort of putative (...) examples of contextual variability in evaluative valence that are found in the literature fail to support the variability claim and that another sort of putative examples are open to a wide range of explanations that have different implications for the relationship between thick terms and concepts and evaluation. I conclude that considerations of contextual variability fail to settle whether thick terms and concepts are inherently evaluative in meaning. In closing I suggest a more promising line of research. (shrink)

Non-cognitivists claim that thick concepts can be disentangled into distinct descriptive and evaluative components and that since thick concepts have descriptive shape they can be mastered independently of evaluation. In Non-Cognitivism and Rule-Following, John McDowell uses Wittgenstein’s rule-following considerations to show that such a non-cognitivist view is untenable. In this paper I do several things. I describe the non-cognitivist position in its various forms and explain its driving motivations. I then explain McDowell’s argument against non-cognitivism and (...) the Wittgensteinian considerations upon which it relies, because this has been sufficiently misunderstood by critics and rarely articulated by commentators. After clarifying McDowell’s argument against non-cognitivism, I extend the analysis to show that commentators of McDowell have failed to appreciate his argument and that critical responses have been weak. I argue against three challenges posed to McDowell, and show that the case of thick concepts should lead us to reject non-cognitivism. (shrink)

This paper presents an alternative to the standard view that the evaluations that the so-called "thick" terms and concepts in ethics may be used to convey belong to their sense or semantic meaning. I describe a large variety of linguistic data that are well explained by the alternative view that the evaluations that (at least a very wide range of) thick terms and concepts may be used to convey are a certain kind of defeasible implications of (...) their utterances which can be given a conversational explanation. I then provide some reasons to think that this explanation of the data is superior to the standard view, but a fuller assessment must await further work. In closing I briefly survey the largely deflationary consequences of this account regarding the significance of thick terms and concepts for evaluative thought and judgment. (shrink)

This chapter presents an alternative to the standard view that at least some of the evaluations that the so-called “thick” terms and concepts in ethics may be used to convey belong to their sense or semantic meaning. After introducing the topic and making some methodological remarks, the chapter presents a wide variety of linguistic data that are well explained by the alternative view that at least a very wide range of thick terms and concepts are such (...) that even the evaluations that are most closely connected to them are only a certain kind of defeasible implications of their utterances which can be given a conversational explanation. The chapter then describes some reasons to think that this explanation of the data presented is superior to the standard view, although a fuller assessment must await further work. The chapter closes by explaining the largely deflationary consequences of this account for claims that thick terms and concepts have deep and distinctive significance to evaluative thought and judgment. (shrink)

Thick terms and concepts in ethics somehow combine evaluation and non-evaluative description. The non-evaluative aspects of thick terms and concepts underdetermine their extensions. Many writers argue that this underdetermination point is best explained by supposing that thick terms and concepts are semantically evaluative in some way such that evaluation plays a role in determining their extensions. This paper argues that the extensions of thick terms and concepts are underdetermined by their meanings in (...) toto, irrespective of whether their extensions are partly determined by evaluation; the underdetermination point can therefore be explained without supposing that thick terms and concepts are semantically evaluative. My argument applies general points about semantic gradability and context-sensitivity to the semantics of thick terms and concepts. (shrink)

Critics argue that non-cognitivism cannot adequately account for the existence and nature of some thick moral concepts. They use the existence of thick concepts as a lever in an argument against non-cognitivism, here called the Thick Concept Argument (TCA). While TCA is frequently invoked, it is unfortunately rarely articulated. In this paper, TCA is first reconstructed on the basis of John McDowell’s formulation of the argument (from 1981), and then evaluated in the light of several (...) possible non-cognitivist responses. In general, TCA assumes too much about what a non-cognitivist is (or must be) committed to. There are several non-cognitivist theories, and only some fit the view attacked by TCA. Furthermore, TCA rests on a contestable intuition about a thought experiment, here called the External Standpoint Experiment (ESE). It is concluded that TCA is remarkably weak, given how frequently the argument is invoked. (shrink)

‘Relational value’ (RV) has intuitive credibility due to the shortcomings of existing axiological categories regarding recognizing the ethical relevance of people’s relations to nature. But RV is justified by arguments and analogies that do not hold up to closer scrutiny, which strengthens the assumption that RV is redundant. While RV may provide reasons for ethically considering some relations, much work remains to show that RV is a concept that does something existing axiological concepts cannot, beyond empirically describing relations (...) people have to environmental areas and places. (shrink)

This paper proposes a new Separabilist account of thick concepts, called the Expansion View (or EV). According to EV, thick concepts are expanded contents of thin terms. An expanded content is, roughly, the semantic content of a predicate along with modifiers. Although EV is a form of Separabilism, it is distinct from the only kind of Separabilism discussed in the literature, and it has many features that Inseparabilists want from an account of thick concepts. (...) EV can also give non-cognitivists a novel escape from the Anti-Disentangling Argument. §I explains the approach of all previous Separabilists, and argues that there’s no reason for Separabilists to take this approach. §II explains EV. §III fends off objections. And §IV explains how non-cognitivist proponents of EV can escape the Anti-Disentangling Argument. (shrink)

I argue that there is a wide variety of epistemic norms, distributed along two different spectra. One spectrum runs from the ideal to the practical and concerns the extent to which it is possible to follow the norm given our cognitive and epistemic limitations. The other spectrum runs from thin to thick and concerns the extent to which the norm concerns facts about our beliefs over and above the content of the belief. Many putative epistemic norms, such as truth (...) and various conceptions of justification, can be found at different points on the spectra. There is no single obvious privileged point from which to say any of these norms is more fundamental than the others, though there may be some reason to doubt that some of the norms are intrinsically interesting. (shrink)

Thick terms and concepts, such as honesty and cruelty, are at the heart of a variety of debates in philosophy of language and metaethics. Central to these debates is the question of how the descriptive and evaluative components of thick concepts are related and whether they can be separated from each other. So far, no empirical data on how thick terms are used in ordinary language has been collected to inform these debates. In this paper, (...) we present the first empirical study, designed to investigate whether the evaluative component of thick concepts is communicated as part of the semantic meaning or by means of conversational implicatures. While neither the semantic nor the pragmatic view can fully account for the use of thick terms in ordinary language, our results do favour the semanticist interpretation: the evaluation of a thick concept is only slightly easier to cancel than semantically entailed content. We further discovered a polarity effect, demonstrating that how easily an evaluation can be cancelled depends on whether the thick term is of positive or negative polarity. (shrink)

This paper defends a conception of epistemic value that I call the “Simpliciter Conception.” On it, epistemic value is a kind of value simpliciter and being of epistemic value implies being of value simpliciter. I defend this conception by criticizing two others, what I call the Formal Conception and the Hybrid Conception. While those conceptions may be popular among epistemologists, I argue that they fail to explain why anyone should care that things are of epistemic (...) value and naturally undercuts disputes about what is of epistemic value. I end by sketching and locating my conception within some increasingly popular views in meta-normativity. (shrink)

The Gettier problem has stymied epistemologists. But, whether or not this problem is resolvable, we still must face an important question: Why does the Gettier problem arise in the first place? So far, philosophers have seen it as either a problem peculiar to the concept of knowledge, or else an instance of a general problem about conceptual analysis. But I would like to steer a middle course. I argue that the Gettier problem arises because knowledge is a thick concept, (...) and a Gettier-like problem is just what we should expect from attempts at analyzing a thick concept. Section 2 is devoted to establishing the controversial claim that knowledge is thick, and, in Sect. 3, I show that there is a general problem for analyzing thick concepts of which the Gettier problem is a special instance. I do not take a stand on whether the Gettier problem, or its general counterpart, is resolvable. My primary aim is to bring these problems into better focus. (shrink)

The reasonable person standard is key to both Criminal Law and Torts. What does and does not count as reasonable behavior and decision-making is frequently deter- mined by lay jurors. Hence, laypeople’s understanding of the term must be considered, especially whether they use it predominately in an evaluative fashion. In this corpus study based on supervised machine learning models, we investigate whether laypeople use the expression ‘reasonable’ mainly as a descriptive, an evaluative, or merely a value-associated term. We find (...) that ‘reasonable’ is predicted to be an evaluative term in the majority of cases. This supports prescriptive accounts, and challenges descriptive and hybrid accounts of the term—at least given the way we operationalize the latter. Interestingly, other expressions often used interchangeably in jury instructions (e.g. ‘careful,’ ‘ordinary,’ ‘prudent,’ etc), however, are predicted to be descriptive. This indicates a discrepancy between the intended use of the term ‘reasonable’ and the understanding lay jurors might bring into the court room. (shrink)

"Dissertation Advisor: Richard Cobb-Stevens Second Reader: David Rasmussen -/- My overall concern is with the Kantian legacy in political thought. More specifically, I want to know if normative talk is still viable in the wake of Wittgenstein and the linguistic turn; and if so, in what form. Most commentators today believe we have to choose between these two thinkers, either sacrificing a real concern with normativity (“relativism”) or a convincing engagement with our ordinary language (“universalism”). I follow Hilary Putnam in (...) thinking we do not have to choose between these rather drastic construals. It might still be possible to defend the force and relevance of normative exchange while still being alive to the drift of ordinary communication. This middle stance is best exemplified, I believe, by what I have called normative evaluation. -/- Basically, I am building on and extending insights and styles of argumentation that Putnam has pioneered over the years. The universalist’s rigid dichotomies (norms vs. values, rules vs. attitudes, thick vs. thin ethical concepts, justice vs. the good life, etc.) all fail the test of ordinary language. As Putnam has also shown, however, we do rely on paired concepts like these and they might still be argued to be strong—rational—enough to justify making *relative distinctions*. A relative distinction between values and norms is decisive, I think, because it would put us in the position to talk meaningfully about and reasonable settle what is more proper to one particular individual, group, or society from what is less so, thereby also making possible a normative exchange *between* them. I am therefore taking Putnam as pointing out a way to preserve key Kantian insights about the irreducibility and ubiquity of the normative while discarding his transcendental wrapping, all the while avoiding the kind of slide to wholesale cultural relativism that so easily follows in the wake of standard critiques of Kant. -/- Chapter 1: General survey. Chapter 2: Historical background (Kant, Kierkegaard, Wittgenstein). Chapter 3: Basic language philosophical arguments. Chapter 4: Rejection of the quasi-transcendental model (Apel & Habermas). Chapter 5: Confrontation with Political Liberalism (the later Rawls). (shrink)

Given a 21st century context of sophisticated market economies and other Western influences such as Christianity, what similarities and differences are there between characteristic indigenous values of sub-Saharan Africa and China, and how do they continue to influence everyday life in these societies? Establishing that central to both non-Western, indigenous value systems are ideals of harmonious relationships, I compare and contrast traditional African and Chinese conceptions of harmony and analyze a number of respects in which an appeal to this (...) value affects contemporary political, economic and social interaction. (shrink)

Cornell realists maintain that irreducible moral properties have earned a place in our ontology in virtue of the indispensable role they play in a variety of explanations. These explanations can be divided into two groups: those that employ thin ethical concepts and those that employ thick ethical concepts. Recent work on thick concepts suggests that they are not inherently evaluative in their meaning. If correct, this creates problems for the moral explanations of Cornell realists, since (...) the most persuasive moral explanations are those that employ thick concepts. If thick concepts are not inherently evaluative, then the most plausible explanations on offer cannot support Cornell realism. Moral explanations employing thin concepts, however, are too flimsy to support the view. Unless proponents can develop a compelling story about thick concepts or thin explanations, Cornell realism is in trouble. (shrink)

Boghossian’s (2003) proposal to conditionalize concepts as a way to secure their legitimacy in disputable cases applies well, not just to pejoratives – on whose account Boghossian first proposed it – but also to thick ethical concepts. It actually has important advantages when dealing with some worries raised by the application of thick ethical terms, and the truth and facticity of corresponding statements. In this paper, I will try to show, however, that thick ethical (...) class='Hi'>concepts present a specific case, whose analysis requires a somewhat different reconstruction from that which Boghossian offers. A proper account of thick ethical concepts should be able to explain how ‘evaluated’ and ‘evaluation’ are connected. (shrink)

The descriptions 'good' and 'bad' are examples of thin concepts, as opposed to 'kind' or 'cruel' which are thick concepts. Simon Kirchin provides one of the first full-length studies of the crucial distinction between 'thin' and 'thick' concepts, which is fundamental to many debates in ethics, aesthetics and epistemology.

Valuing something is complicated. Philosophers have offered different stories about what we do when we value something. However, we have not paid enough attention to the thought that, sometimes, valuing something is what makes us the kind of practical agents we are. In this paper, I offer a novel account of valuing, which I call thick valuing, to capture this special phenomenon in which our valuing makes us who we are. This requires us to recognize that the cognitive, (...) motivational, and affective components of thick valuing do not merely co-occur. More importantly, it is key to focusing on how thickly valuing something partially constitutes, and indeed crucially expresses, our practical identities. Beyond that, the account sheds new light on how we can better understand inauthenticity—to act without authenticity is to act from what one thickly values but where that which one thickly values are not values of one’s own. (shrink)

Ethicists are typically willing to grant that thick terms (e.g. ‘courageous’ and ‘murder’) are somehow associated with evaluations. But they tend to disagree about what exactly this relationship is. Does a thick term’s evaluation come by way of its semantic content? Or is the evaluation pragmatically associated with the thick term (e.g. via conversational implicature)? In this paper, I argue that thick terms are semantically associated with evaluations. In particular, I argue that many thick (...) class='Hi'>concepts (if not all) conceptually entail evaluative contents. The Semantic View has a number of outspoken critics, but I shall limit discussion to the most recent--Pekka Väyrynen--who believes that objectionable thick concepts present a problem for the Semantic View. After advancing my positive argument in favor of the Semantic View (section II), I argue that Väyrynen’s attack is unsuccessful (section III). One reason ethicists cite for not focusing on thick concepts is that such concepts are supposedly not semantically evaluative whereas traditional thin concepts (e.g. good and wrong) are. But if my view is correct, then this reason must be rejected. (shrink)

The distinction between concept and conception has been widely debated in political philosophy, whereas in the philosophy of psychology is frequently used, but rarely focused on. This paper aims at filling in this lacuna. I claim that far from being explanatorily idle, the distinction makes it possible to provide an adequate description of phenomena such as genuine disagreement, and concept contestation, which would otherwise remain implausibly puzzling. I illustrate and assess three accounts of the concept-conception distinction. Finally I propose a (...) social externalist account, which relies on deference to experts, and builds on Tyler Burge’s ideas of many decades ago. The debate on concepts and conceptions thus shows a connection with the increasing research work on experts and expertise in psychology and social epistemology. (shrink)

While classical neo-positivists reject any role for traditionally understood values in science, Kuhn identifies five specific values as criteria for assessing a scientific theory; this approach has been further developed by several other authors. This paper focuses on Helen Longino, who presents a significant contemporary critique of Kuhn’s concept. The most controversial aspect of Longino’s position is arguably her claim that the criterion of empirical adequacy is the least defensible basis for assessing theories. The de-emphasizing of the importance of external (...) consistency as a value and the introduction of socio-political considerations into the processes of an assessment of scientific theories are also considered problematic issues. I provide arguments against Longino’s conception, identify some of its problems, and argue for refusal of her approach. (shrink)

What would it mean to have a suitably ‘realistic’ account of political liberty? On the one hand, I don’t think we can properly understand liberty without an underlying account of personhood or agency.2 In making sense of liberty, we need to ask: What kind of agency does it presuppose or promote? What kind of independence do we care most about? What does it mean to exercise control, or to be self-guiding, in the kind of world we live in today? At (...) the same time, a conception of moral and political personhood needs to be appropriately ‘realistic’: It shouldn’t be over-idealized (or over-simplified), nor demand more than can be reasonably expected, given the kind of creatures we are. (shrink)

The books’ goal is to answer the question: Do the weaknesses of value-free economics imply the need for a paradigm shift? The author synthesizes criticisms from different perspectives (descriptive and methodological). Special attention is paid to choices over time, because in this area value-free economics has the most problems. In that context, the enriched concept of multiple self is proposed and investigated. However, it is not enough to present the criticisms towards value-free economics. For scientists, a bad (...) paradigm is better than no paradigm. Therefore, the author considers whether value-based economics with normative approaches such as economics of happiness, capability approach, libertarian paternalism, and the concept of multiple self can be the alternative paradigm for value-free economics. This book is essential reading to everyone interested in the current state of economics as a discipline. (shrink)

A range of developing countries and international advocacy organizations have argued that wealthy countries, as a result of their greater historical contribution to human-induced climate change, owe a ?climate debt? to poor countries. Critics of this argument have claimed that it is incoherent or morally objectionable. In this essay we clarify the concept of climate debt and assess its value for conceptualizing responsibilities associated with global climate change and for guiding international climate negotiations. We conclude that the idea of (...) a climate debt can be coherently formulated, and that while some understandings of the idea of climate debt could lead to morally objectionable conclusions, other accounts would not. However, we argue that climate debt nevertheless provides an unhelpful frame for advancing global justice through international climate negotiations ? the only existing means of resolving political conflict over the collective action problems posed by human-induced climate change ? due to its retrospective and potentially adversarial emphasis, and to problems of measurement. (shrink)

The scope of libertarian law is normally limited to the application of the non-aggression principle (NAP), nothing more and nothing less. However, judging when the NAP has been violated requires not only a conception of praxeological notions such as aggression, but also interpretive understanding of what synthetic events count as the relevant praxeological types. Interpretive understanding—or verstehen—can be extremely heterogeneous between agents. The particular verständnis taken by a judge has considerable moral and political implications. Since selecting a verständnis is pre-requisite (...) to applying the NAP, the NAP itself cannot tell us which one we ought morally to choose. Therefore the application of the NAP calls on moral and political considerations outside of the NAP itself. Since some of these are more consistent with an endorsement of the NAP than others, libertarianism is not a “thin” commitment to the NAP alone, but a “thick” commitment to the NAP and other supporting moral and political considerations. (shrink)

Many philosophers of science have maintained that science should be value-free; still others believe that such ideal is neither achievable nor desirable for science. Hugh Lacey is presently one of the main supporters of the idea of value-free science and his theory is probably the most debated today and attracts the most attention and criticism. Therefore, in this text, I will primarily analyze his theory of value-free science. After briefly defining the notion of value I highlight (...) which strategy Lacey chooses to lay a firm foundation for the concept of science without value, with his starting point being the differentiation between cognitive and non-cognitive values. Then I describe three basic characteristics of Lacey’s value-free science: impartiality, neutrality, and autonomy. However, the overall plan and design of his project, together with some concrete steps he takes, are not without problems in our view. I will try to point out some of these problematic issues and provide brief suggestions for alleviating them. (shrink)