Jane Friedman claims that when we inquire, there is a tension between the instrumental normativity of our inquiries and some basic epistemic norms: The former forbids what the latter permit. Moreover, she argues that since the instrumental normativity of inquiry is epistemic, the previous tension shows that our current conception of epistemic normativity is incoherent and needs to be revised. To solve the problem, she suggests that all our epistemic norms should be considered “zetetic”, namely, norms (...) of inquiry. In this paper, I will argue that the instrumental normativity of inquiry Friedman depicts is inaccurate. I will propose the following alternative picture: All our reasons to inquire and take means to answer our questions are instrumental and can be derivative from the epistemic, the practical, or both. However, developing this alternative view, I will argue that our duties to inquire and take means to answer our questions are just practical in nature. Based on this, I will show that the tension between the epistemic and the zetetic Friedman depicts is just a conflict between the practical and the epistemic: A conflict that does not show per se that the current conception of epistemic normativity is incoherent and needs to be revised. (shrink)

This paper presents the epistemic practices account, a theory about the nature of epistemic normativity. The account aims to explain how the pursuit of epistemic values such as truth and knowledge can give rise to epistemic norms. On this account, epistemic norms are the internal rules of epistemic social practices. The account explains four crucial features of epistemic normativity while dissolving some apparent tensions between them. The account also provides a unified theory of epistemic and zetetic normativity.

Zetetic norms govern our acts of inquiry. Epistemic norms govern our beliefs and acts of belief formation. Recently, Jane Friedman (2020) has defended that we should think of these norms as conforming a single normative domain: epistemology should take a zetetic turn. Though this unification project implies a substantive re-elaboration of our traditional epistemic norms, Friedman argues that the reasons supporting the turn are robust enough to warrant its revisionary implications. In this paper, I (...) suggest we should read Friedman’s proposal as a dilemma. Either we believe the zetetic turn is well-motivated and undertake the task of looking for the proper revision of our traditional epistemic norms, or we take the revisionary implications of the turn to be unacceptable, in which case our challenge is to show why a zetetic epistemology is not a well-motivated project after all. After presenting this dilemma, I make a case for endorsing its second horn by presenting a two-pronged argument against Friedman’s project. First, I show that the revisionary implications of the zetetic turn are more far-reaching than expected. Second, I defend that the most persuasive reasons for endorsing the turn are not strong enough to support it. Taken together, these considerations speak against accepting the zetetic turn and the revisionary implications that come with it. (shrink)

What is the relationship between inquiry and epistemology? Are epistemic norms the norms that guide us as inquirers—as agents in the pursuit of knowledge and understanding? Recently, there has been growing support for what I, following Friedman (Philosophical Review 129(4):501–536, 2020), will call the zetetic turn in epistemology, the view that all epistemic norms are norms of inquiry. This paper investigates the prospects of an inquiry-centered approach to epistemology and develops several motivations for resisting it. (...) First, I argue that the norms of inquiry are most plausibly seen as practical, not as distinctively epistemic. Second, I argue that a zetetically-grounded epistemology is unable to properly account for the rationality of belief. It fails to account for cases where intuitively irrational beliefs promote inquiry, or where intuitively rational beliefs are zetetically useless or counterproductive to inquiry. The main upshot is this: there must be a source of epistemic normativity that isn’t ultimately zetetic. (shrink)

Inquiry is an aim-directed activity, and as such governed by instrumental normativity. If you have reason to figure out a question, you have reason to take means to figuring it out. Beliefs are governed by epistemic normativity. On a certain pervasive understanding, this means that you are permitted – maybe required – to believe what you have sufficient evidence for. The norms of inquiry and epistemic norms both govern us as agents in pursuit of knowledge and understanding, and, (...) on the surface, they do so in harmony. Recently, however, Jane Friedman (2020) has pointed out that they are in tension with each other. In this paper, I aim to resolve this tension by showing that reasons for acts of inquiry – zetetic reasons – and epistemic reasons for belief can both be understood as flowing from the same general normative principle: the transmission principle for instrumental reasons. The resulting account is a version of epistemic instrumentalism that offers an attractive unity between zetetic and epistemic normativity. (shrink)

In recent work, Jane Friedman has argued that commonly accepted epistemic norms conflict with a basic instrumental principle of inquiry, according to which one ought to take the necessary means to resolving one’s inquiry. According to Friedman, we ought to reject the epistemic norms in question and accept instead that the only genuine epistemic norms are zetetic norms—norms that govern inquiry. I argue that there is a more attractive way out of the conflict, one (...) which reconciles the epistemic and the zetetic. (shrink)

The paper addresses the nature of seemings in light of their role in inquiry. Seemings are mental states or events with propositional content that have a specific phenomenology often referred to as “felt truth”. In epistemology, seemings are mainly discussed as possible (non-inferential) justifications for belief. Yet, epistemology has recently taken a zetetic turn, that is, a turn toward the study of inquiry. I will argue that the role of seemings in epistemology should be re-assessed from the perspective of (...) inquiry and deliberation. Seemings may fall short of justifying beliefs, but there is an important role for seemings in the zetetic realm, which may also explain why seemings lack direct justificatory force for beliefs. Seemings, so I will suggest, can provide normative reasons for performing certain zetetic tasks, but they cannot provide normative reasons for making up one’s mind about the inquired question. In this sense, the zetetic role of seemings can be described as guiding rational inquiry. I will suggest that a modified version of the so-called Taking Evidence View about the nature of seemings is best fitted to accommodate their zetetic role. Yet, contra existing versions of the Taking Evidence View, my modified account acknowledges that seemings are genuine experiences (of one’s evidential standing during inquiry) that are accompanied by the characteristic phenomenology of what is called a “feeling of truth”. By doing so, my modified version of the Taking Evidence View incorporates the (as I take it) most important feature of the rival Experience View of seemings. (shrink)

Robust metanormative realists think that there are irreducibly normative, metaphysically heavy normative facts. One might wonder how we could be epistemically justified in believing that such facts exist. In this paper, I offer an answer to this question: one’s belief in the existence of robustly real normative facts is epistemically justified because so believing is indispensable to being a successful inquirer for creatures like us. The argument builds on Enoch's (2007, 2011) deliberative indispensability argument for Robust Realism but avoids relying (...) on an overly pragmatic account of the sources of basic epistemic justification. Instead, I suggest that the sources of basic epistemic justification are those belief-forming methods which are indispensable for zetetically indispensable projects, that is, projects which are constitutive of being a successful inquirer for embodied, agential creatures like ourselves. (shrink)

This article provides an overview of recent work on norms of inquiry. After some preliminaries about inquiry in §1, I discuss in §2 the ignorance norm for inquiry, presenting arguments for and against, as well as some alternatives. In §3, I consider its relation to the aim of inquiry. In §4, I discuss positive norms on inquiry: norms that require having rather than lacking certain states. Finally, in §5, I look at questions about the place of (...) class='Hi'>norms of inquiry within normative epistemology. (shrink)

Epistemologists have recently proposed a number of norms governing rational inquiry. My aim in this paper is to unify and explain recently proposed norms of inquiry by developing a general account of the conditions under which inquiries are rational, analogous to theories such as evidentialism and reliabilism for rational belief. I begin with a reason-responsiveness conception of rationality as responding correctly to possessed normative reasons. I extend this account with a series of claims about the normative reasons for (...) inquiry that we possess. I apply the account to shed light on two classes of norms that have featured prominently in recent discussions: norms of clutter avoidance forbidding agents from engaging in trivial inquiries, and norms of logical non-omniscience governing properties such as the deductive closure and consistency of an agent's belief state. I conclude with a discussion of the sense in which norms of inquiry should be regarded as epistemic norms. (shrink)

Epistemic nihilism for inquiry is the claim that there are no epistemic norms of inquiry. Epistemic nihilism was once the received stance towards inquiry, and I argue that it should be taken seriously again. My argument is that the same considerations which led us away from epistemic nihilism in the case of belief not only cannot refute epistemic nihilism for inquiry, but in fact may well support it. These include the argument from non-existence that there are no non-epistemic reasons (...) for belief; the linguistic argument that epistemic norms of belief are needed to capture the semantics of ordinary epistemic talk; and the argument from theoretical roles that epistemic norms are needed to play key theoretical roles for rational belief. I conclude by sketching an alternative Gibbardian picture on which norms of inquiry are all-things-considered norms governing action. (shrink)

The zetetic turn in epistemology raises three questions about epistemic and zetetic norms. First, there is the relationship question: what is the relationship between epistemic and zetetic norms? Are some epistemic norms zetetic norms, or are epistemic and zetetic norms distinct? Second, there is the tension question: are traditional epistemic norms in tension with plausible zetetic norms? Third, there is the reaction question: how should theorists react to (...) a tension between epistemic and zetetic norms? Drawing on an analogy to practical philosophy, I develop a focal point view to resolve these motivating questions. On the focal point view, traditional epistemic norms and zetetic norms answer different types of normative questions. There is nevertheless a familiar type of evaluative tension between traditional epistemic norms and zetetic norms, but this tension is an unavoidable feature of the normative landscape and not a sign that traditional epistemic norms need revision. But if traditional epistemic norms are not zetetic norms, then in what sense is zetetic epistemology a project for epistemologists? I conclude by articulating a sense in which some nontraditional epistemic norms are zetetic norms, and in which zetetic epistemology is an important part of the study of theoretical rationality. (shrink)

Are norms of inquiry in tension with epistemic norms? I provide a (largely) negative answer, turning to a picture of epistemic practices as rule-governed games. The idea is that, while epistemic norms are correctness standards for the attitudes involved in epistemic games, norms of inquiry derive from the aims of those games. Attitudes that, despite being epistemically correct, are inadvisable regarding the goals of some inquiry are just like bad (but legal) moves in basketball or chess. (...) I further consider cases in which the aims of inquiry recommend breaking epistemic norms. I compare them to strategic infractions, which are common in many coherent games. Finally, I explore the connections between rules and aims in games and in inquiry. I show that in both cases respecting the rules is constitutively required for satisfying the aims of the practice. (shrink)

In the recent philosophical literature on inquiry, epistemologists point out that their subject has often begun at the point at which you already have your evidence and then focussed on identifying the beliefs for which that evidence provides justification. But we are not mere passive recipients of evidence. While some comes to us unbidden, we often actively collect it. This has long been recognised, but typically epistemologists have taken the norms that govern inquiry to be practical, not epistemic. The (...) recent literature challenges this assumption and uncovers a rich range of questions about the epistemic normativity of inquiry. In this paper, I approach these questions from the formal side of epistemology. Developing out of the philosophy of science, as it did, this branch of epistemology has long discussed inquiry. And, building on the insights of Janina Hosiasson (1931), David Blackwell (1951), and I. J. Good (1967), it has produced a reasonably well-developed framework in which to understand norms of inquiry, both epistemic and practical. In the first half of the paper, I will present the pragmatic versions of this framework due to Hosiasson, Blackwell, and Good, and the epistemic version due to Graham Oddie (1997); in the second half of the paper, I put this framework to work, turning to some of the questions from the recent debate about inquiry and asking how the framework can help us answer them. Questions include: When should we initiate an inquiry, when should we continue it, when should we conclude it, and when should we reopen it? How do epistemic norms of inquiry relate to epistemic norms of belief or credence, and can they conflict, as Jane Friedman (2020) contends? How should we resolve the apparent puzzle raised by Friedman's example of counting the windows in the Chrysler Building? How should we direct our attention, as Georgi Gardiner (2022) asks? How should we choose and reason after receiving evidence we'd rather not have received? And how should we understand the epistemic error that occurs when someone is resistant to evidence in the way Mona Simion (2023) describes? (shrink)

This paper defends the Intention Account of Inquiry. On this account, inquiry is best understood by appeal to a ‘question-directed intention’ (QDI), an intention to answer a question broadly construed. This account’s core commitments help meet recent challenges plaguing extant approaches to characterizing inquiry. First, QDIs are the type of mental state central to inquiry, not attitudes like curiosity or wonder. Second, holding a QDI towards a question and acting in service of it constitutes the start of inquiry. Third, controversial (...) norms which mandate a rational inquirer's ignorance towards the answer to her question can be reformulated and defended by appeal to rational constraints on intention. Fourth, instrumental pressures inquirers face are the standard pressures of plan-rationality. In defending these theses, I show that the Intention Account provides compelling explanations to standing challenges, in ways competitors cannot. It does so by advancing understanding of how our epistemic and practical agency are intertwined. (shrink)

This paper defends the epistemological importance of ‘diachronic’ or cross-temporal evaluation of epistemic agents against an interesting dilemma posed for this view in Trent Dougherty’s recent paper “Reducing Responsibility.” This is primarily a debate between evidentialists and character epistemologists, and key issues of contention that the paper treats include the divergent functions of synchronic and diachronic (longitudinal) evaluations of agents and their beliefs, the nature and sources of epistemic normativity, and the advantages versus the costs of the evidentialists’ reductionism about (...) sources of epistemic normativity. (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)

It’s a common assumption in psychiatry and psychotherapy that mental health conditions are marked out by some form of epistemic irrationality. With respect to obsessive-compulsive disorder (OCD), the mainstream view is that OCD causes irrational beliefs. Recently, however, this ‘doxastic view’ has been criticized from a theoretical and empirical perspective. Instead a more promising ‘zetetic view’ has been proposed which locates the epistemic irrationality of OCD not in irrational beliefs, but in the senseless inquiries it prompts. Yet, in this (...) paper I present a special class of cases—sexual obsessive-compulsive disorder (S-OCD)—which cannot be explained by existing doxastic and zetetic accounts of the epistemic irrationality of OCD. In addition, some people with S-OCD appear to be adhering too well to a plausible set of norms for inquiry. Their suffering seems to be partially caused by an excess of rationality, and not a lack thereof. They seem, if anything, too rational. This shows firstly that it’s unlikely that there is one form of epistemic irrationality common to all persons living with OCD. Secondly, it should lead us to rethink the epistemic categories we use in classifying mental health conditions such as OCD. (shrink)

Inquiry is guided, in the minimal sense that it is not haphazard. It is also often thought to have as a natural stopping point ceasing to inquire, once inquiry into a question yields knowledge of an answer. On this picture, inquiry is both telic and guided. By contrast, mind-wandering is unguided and atelic, according to the most extensively developed philosophical theory of it. This paper articulates a puzzle that arises from this combination of claims: there seem to be plenty of (...) examples of inquiry progressing within mind-wandering, yet theories of inquiry and mind-wandering can make wandering inquiry seem impossible or incoherent. I offer several solutions to this puzzle and make the case that taken together, they illuminate a prevalent form of inquiry that the burgeoning literature on that topic overlooks: inquiry that progresses spontaneously. (shrink)

Drawing inspiration from the notion of evocation employed in inferential erotetic logic, we defend an ‘evoked questions norm’ on inquiring attitudes. According to this norm, it is rational to have an inquiring attitude concerning a question only if that question is evoked by your background information. We offer two arguments for this norm. First, we develop an argument from convergence. Insights from several independent literatures (20th-century ordinary-language philosophy, inferential erotetic logic, inquisitive epistemic logic, and contemporary zetetic epistemology) all converge (...) on the evoked questions norm. Second, we show that suitably interpreted, the evoked questions norm correctly predicts several underappreciated kinds of bad questions. It does this, in part, by recovering versions of previously defended ignorance and knowledge norms. Some of those bad questions cannot be predicted by either norm singly, but only when corporately taken to reflect a common normative category. We identify this category as evocation. (shrink)

We articulate John Dewey’s “independent factors” approach to moral philosophy and then adapt and extend this approach to address contemporary debate concerning the nature and sources of epistemic normativity. We identify three factors (agent reliability, synchronic rationality, and diachronic rationality) as each making a permanent contribution to epistemic value. Critical of debates that stem from the reductionistic ambitions of epistemological systems that privilege of one or another of these three factors, we advocate an axiological pluralism that acknowledges each factor as (...) an independent “spring” of epistemic value within responsible inquiry. (shrink)

Epistemologists spend a great deal of time thinking about how we should respond to our evidence. They spend far less time thinking about the ways that evidence can be acquired in the first place. This is an oversight. Some ways of acquiring evidence are better than others. Many normative epistemologies struggle to accommodate this fact. In this article I develop one that can and does. I identify a phenomenon – epistemic feedback loops – in which evidence acquisition has gone awry, (...) with the result that even beliefs based on the evidence are irrational. Examples include evidence acquired under the influence of confirmation bias and evidence acquired under the influence of cognitively penetrated experiences caused by implicit bias. I then develop a theoretical framework which enables us to understand why beliefs that are the outputs of epistemic feedback loops are irrational. Finally, I argue that many popular approaches to epistemic normativity may need to be abandoned on the grounds that they cannot comfortably explain feedback loops. The scope of this last claim is broad: it includes almost all contemporary theories of justified/rational belief and of the epistemology of cognitive penetration. (shrink)

From what norms does the ethics of belief derive its oughts, its attributions of virtues and vices, responsibilities and irresponsibilities, its permissioning and censuring? Since my inductive risk account is inspired by pragmatism, and this method understands epistemology as the theory of inquiry, the paper will try to explain what the aims and tasks are for an ethics of belief, or project of guidance, which best fits with this understanding of epistemology. More specifically, this chapter approaches the ethics of (...) belief from a focus on responsible risk management, where doxastic responsibility is understood in terms of the degree of riskiness of agents’ doxastic strategies, a riskiness which is in turn most objectively measured through accordance or violation of inductive norms. Doxastic responsibility is attributable to agents on the basis of how epistemically risky was the process or strategy of inquiry salient in the etiology of their belief or in their maintenance of what one believes or accepts. (shrink)

I analyze a type of practice related to inquiry: treating things as zetetically relevant to questions, and argue that this practice is a central normatively evaluable way to extend lines of inquiry. My strategy is to introduce the practice and its normative features by examining its relationship to something already well-understood: the ways that news stories produced by journalists frame events. I then argue that the same core zetetic practice can be found across domains, just not in journalism. Finding (...) the same practice across such different human settings suggests it is a core feature of inquiry. (shrink)

It can be rational to inquire into what you already know, as cases of double-checking suggest. But, I argue, this is compatible with a knowledge aim of inquiry. In general, it can be rational to pursue an aim you’ve already achieved, and inquiry is no different. In particular, I argue that to double-check what you already know is to make sure you have knowledge, and that is still to aim at knowledge.

Evidentialism as its leading proponents describe it has two distinct senses, these being evidentialism as a conceptual analysis of epistemic justification, and as a prescriptive ethics of belief—an account of what one ‘ought to believe’ under different epistemic circumstances. These two senses of evidentialism are related, but in the work of leading evidentialist philosophers, in ways that I think are deeply problematic. Although focusing on Richard Feldman’s ethics of belief, this chapter is critical of evidentialism in both senses. However, I (...) share with authors like Feldman and Earl Conee, that epistemology has important prescriptive functions, and that a sound, civic ethics of belief is of more than merely philosophic importance. One reason why an ethics of belief might be important to problems of practice is the need we have for tools to more effectively mediate the renewed round of ‘culture wars’ we are experiencing in Anglo-American cultures. I mean especially that grand cultural clash between science and religion, reason and faith, secularist atheism and religious fundamentalism, etc. Let us start with the genealogical question of why there is such a grand cultural debate in the first place, and why the debate especially as played out in public and popular forums and even in the courtrooms seems so volatile and so often to confusedly drag everything—beliefs, values, passions, etc., with it. These are questions that I think Sigmund Freud’s classic Civilization and its Discontents can help us understand. Freud was a major voice in criticism of the stern and often hypocritical Victorian morality, a voice pointing out the price of its sometimes high-handed, guiltinducing curtailments of the satisfactions sought by the individual. But for Freud while there are real differences in the moral demands that different societies or traditions place upon people, there is something inevitable about the conflict itself, for “replacement of the power of the individual by the power of a community constitutes the decisive step of civilization... (shrink)

I present a puzzle about inquiry and discuss two potential solutions. The puzzle stems from two equally compelling sets of data suggesting that, on the one hand, there’s something epistemically defective with inquiring into questions that don’t have true answers. On the other hand, however, there can be scenarios in which we are epistemically permitted to inquire into questions that don’t have true answers. How is it that inquiries into questions that don’t have true answers can both be defective and (...) permissible from an epistemic point of view? The first solution I consider maintains that inquiries into questions that don’t have true answers are always impermissible but can be excusable. The second solution maintains that inquiries into questions that don’t have true answers are bad inquiries that can be conducted by inquirers we can legitimately trust. I argue against the former and in favor of the latter. (shrink)

Epistemology has taken a zetetic turn from the study of belief towards the study of inquiry. Several decades ago, theories of bounded rationality took a procedural turn from attitudes towards the processes of inquiry that produce them. What is the relationship between the zetetic and procedural turns? In this paper, I argue that we should treat the zetetic turn in epistemology as part of a broader procedural turn in the study of bounded rationality. I use this claim (...) to motivate and clarify the zetetic turn in epistemology, as well as to reveal the need for a second zetetic turn within practical philosophy. (shrink)

A pervasive feature of democracy is disagreement. And in general, when we encounter disagreement from someone who is at least more reliable than chance, this puts some pressure on us to moderate our beliefs. But this raises the specter of asymmetric compliance—it’s not obvious what to do when we moderate our beliefs but the other party refuses to do so. Whereas an elegant solution is available when it comes to how we can to respond to our higher-order evidence while still (...) preserving democratic fairness, I argue that no such solution is forthcoming when we consider zetetic intransigence—that is, asymmetric compliance with regards to how we inquire, or gather evidence. The upshot is that democratic participation can involve messy tradeoffs with no entirely satisfactory resolution. (shrink)

This paper offers an analysis of the authoritatively normative concept PRACTICAL OUGHT that appeals to the constitutive norms for the activity of non-arbitrary selection. I argue that this analysis permits an attractive and substantive explanation of what the distinctive normative authority of this concept amounts to. I contrast my account with more familiar constitutivist theories, and briefly show how it answers ‘schmagency’-style objections to constitutivist explanations of normativity. Finally, I explain how the account offered here can be used to (...) help realists, error theorist, and fictionalists address central challenges to their views. (shrink)

This chapter explores a noteworthy, as-yet-unanalysed normative aspect of imagining. It begins by examining cases where imaginings are deemed erroneous, showing that imaginings can “go wrong” not only by failing to represent that which the imaginer intends to imagine, or is asked to imagine by an external source (e.g. a work of fiction), but also when imaginings arise unbidden. That unintended, non-deliberate imaginings can be erroneous shows that there must be a norm or commitment that is inherent to imagining, a (...) norm or commitment that, if violated, renders imaginings erroneous. Invoking Kendall Walton’s thesis about the normativity of imagining, I adduce a first-pass account of this normative aspect; the account pivots on the idea that imagining aims at, or is committed to representing, that which is fictionally true. After showing that this account is inadequate, I revise Walton’s thesis, arguing that in imagining, we are not committed to representing the fictional truth. Rather, taking on a quasi-doxastic role vis-à-vis the fictional world, we are committed to representing that which is (merely) presented as fictionally true. I proceed to explain the error in question in terms of this thesis, showing that when the quasi-doxastic role we take on in our capacity as imaginers is not carried out properly, our imaginings are rendered erroneous. (shrink)

This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...) Though the semantics is descriptivist, it avoids Dworkin’s influential criticism of so-called “semantic theories of law,” and elucidates the nature of “theoretical disagreements” about the criteria of legal validity. The account sheds light on the social, interpersonal function of normative uses of language in legal discourse. It also gives precise expression to Hart’s and Raz’s intuitive distinctions among types of legal claims (internal/external, committed/detached), while giving them a uniform type of analysis. The proposed semantics and pragmatics of legal claims provides a fruitful framework for further theorizing about the nature and metaphysics of law, the relation between law and morality, and the apparent practical character of legal language and judgment. Discourse Contextualism provides a solid linguistic basis for a broader account of legal discourse and practice. (shrink)

In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the "common understanding" and that which is "natural to say" (Burrage v. United States) when it comes to expressions relating to causation, and frequently refuse to clarify the expression to juries. As recent work in psychology and experimental philosophy has uncovered, lay attributions of causation are susceptible to a great number (...) of unexpected factors, some of which seem rather peripheral to causation. One of those is the norm effect (Knobe & Fraser, 2008): Agents who, in acting as they do, break a salient norm, are more likely to be considered as having caused a certain consequence than when they do not violate a norm. According to some (e.g., Alicke, 1992) this constitutes a bias. According to others (e.g., Sytsma, 2020), the folk concept of causation is sensitive to normative factors, and there’s nothing wrong with that. In this paper, we explore the question whether the norm effect should be considered a bias from the legal perspective on the one hand, and from the psychological perspective on the other. To do this, we test whether norms which are nonpertinent to the consequences or outright silly also impact causation judgements. The data from two preregistered experiments (total N=593) clearly show they do. This, we argue, makes the bias interpretation plausible from the psychological perspective, and both plausible and problematic from the legal perspective. It also shows that the law should abstain from unreflectively assuming conceptual correspondence between legal and ordinary language concepts. (shrink)

This chapter distinguishes between several senses of “normativity”. For example, that we ought to abstain from causing unnecessary suffering is a normative, not descriptive, claim. And so is the claim that we have good reason, and ought to drive on the right, or left, side of the road because the law requires us to do that. Reasons and oughts are normative, by definition. Indeed, it may be that “[t]he normativity of all that is normative consists in the way it is, (...) or provides, or is otherwise related to reasons” (Raz 1999, 67) . That is what the “reasons-first” view holds, but there are also other views, and what is by definition a normative statement, or a normative fact if you like, depends on how we define normativity. -/- It may seem that requirements are also by definition normative. But it seems that there can also be requirements that one has no reason to meet: it is less clear whether such requirements are normative in the same sense that reasons and oughts are normative. This paper will go through various further phenomena, which are candidates for being normative in some other sense than normative reasons and oughts, defending however the view that not all of them are. But arguably four or so different senses of normativity can be distinguished. -/- The paper will accept the view that the normativity of reasons and oughts, which is here called normativity1, is central. It is an open question whether all requirements or expectations or socially constructed norms are normative in that sense. Arguably it depends on the contents and content-independent authority of the legislators, whether we have good reasons, or ought, to meet the requirements, obey the law, or to follow the etiquette, or to conform to others’ interpersonal expectations, requests, demands or prescriptions. Whether and when we do have such reasons is a difficult and important substantive question, which concerns the normativity1 of requirements of law. -/- In another sense, norms (intended to guide behavior) are trivially or by definition normative, and constitute normativity: some forms of behavior are ruled as acceptable (e.g. driving on the right) and others as unacceptable (e.g. driving on the left) in light of the norm. Even in the case of a bad norm (that we have no reason to follow, and which ought to be changed, and ought not prevail) classifies behaviours as acceptable or unacceptable in light of the norm. Surely norms are by definition normative? Call this conformity to social norms and actual expectations normativity2. It is not an open question whether social norms are normative in that sense – they are by definition normative2. But importantly, it is an open question whether one has good reasons, or sufficient reason, or ought, to follow any social norm – that is, whether the norm in question is normative1. -/- The first section of the article characterizes further the difference between these two senses of normativity, and additionally introduces various other candidate senses of “normativity”. These possible senses of “normativity” may be at stake in the debates about normative requirements of rationality , about so called ought-to-be -rules , about normativity of linguistic meaning , about “directions of fit” of beliefs and desires , about subjective authority of intentions and decisions and interpersonal authority or co-authority of concrete others. -/- In later sections these cases are discussed. Do they constitute separate senses of normativity? And are the later phenomena such that they give agents good reasons: do they include normativity1 – the core sense? A “normative power -model” is suggested as a framework for examining whether actual social norms, laws, expectations provide good reasons and oughts or not. Once we understand the relation between the first two senses of normativity, do the later phenomena follow the same pattern – is the “normative powers – model” relevant for them as well? (shrink)

In this paper we analyze and discuss Jennifer Saul’s account of the famous Gricean notions of ‘what is said’ and ‘what is implicated’ and the alleged conflict between them and the so- called Speaker- Meaning Exhaustiveness Thesis (SMET), which is standardly attributed to Grice in the literature. SMET declares that speaker- meaning divides exhaustively into what is said and what is (conventionally or nonconventionally) implicated by the speaker. After a detailed interpretation of Saul’s position, we argue that her analysis partly (...) misconstrues the relation between Grice’s theory of speaker- meaning and his normative account of conversational implicature. First of all, because SMET is not a genuine part of the Gricean theory of language and meaning – Grice was never committed to it. Secondly, Saul’s interpretation of the Gricean account of conversational implicature does not reflect accurately his original ideas. Although we agree with Saul that conversational implicature has an essential normative aspect, her account cannot capture well the real nature of this normativity, since it does not identify its source and does not delineate its scope. Finally, we present an alternative, speaker- oriented normative interpretation of Grice’s account of conversational implicatures, and argue that it fits better with the Gricean picture of communication and handles better the various problematic cases of conversational implicature than Saul’s mainly audience- oriented interpretation. (shrink)

Over the last decade, philosophers of science have extensively criticized the epistemic superiority of randomized controlled trials for testing safety and effectiveness of new drugs, defending instead various forms of evidential pluralism. We argue that scientific methods in regulatory decision-making cannot be assessed in epistemic terms only: there are costs involved. Drawing on the legal distinction between rules and standards, we show that drug regulation based on evidential pluralism has much higher costs than our current RCT-based system. We analyze these (...) costs and advocate for evaluating any scheme for drug regulatory tests in terms of concrete empirical benchmarks, like the error rates of regulatory decisions. (shrink)

While research on Attention Deficit Hyperactivity Disorder (ADHD) has traditionally focused on cognitive and behavioral deficits, there is increasing interest in exploring possible resources associated with the disorder. In this paper, we argue that the attention-patterns associated with ADHD can be understood as expressing an alternative style of inquiry, or “zetetic” style, characterized mainly by a lower barrier for becoming curious and engaging in inquiry, and a weaker disposition to regulate curiosity in response to the cognitive and practical costs (...) associated with inquiry. Exploring this zetetic style from an epistemological perspective, we show that it is often epistemically rational and can be advantageous in important respects. We close by suggesting that the very aspects of the zetetic style that might at times render it disadvantageous from the point of view of individual subjects with ADHD, will often confer epistemic benefits to the social group that the subjects are part of. (shrink)

People more frequently select norm-violating factors, relative to norm- conforming ones, as the cause of some outcome. Until recently, this abnormal-selection effect has been studied using retrospective vignette-based paradigms. We use a novel set of video stimuli to investigate this effect for prospective causal judgments—i.e., judgments about the cause of some future outcome. Four experiments show that people more frequently select norm- violating factors, relative to norm-conforming ones, as the cause of some future outcome. We show that the abnormal-selection effects (...) are not primarily explained by the perception of agency (Experiment 4). We discuss these results in relation to recent efforts to model causal judgment. (shrink)

Everyone agrees that not all norms that govern belief and assertion are epistemic. But not enough attention has been paid to distinguishing epistemic norms from others. Norms in general differ from merely evaluative standards in virtue of the fact that it is fitting to hold subjects accountable for violating them, provided they lack an excuse. Different kinds of norm are most readily distinguished by their distinctive mode of accountability. My thesis is roughly that a norm is epistemic (...) if and only if its violation makes it fitting to reduce epistemic trust in the subject, even if there is no doubt about their sincerity, honesty, or other moral virtues. That is, violations of epistemic norms don’t merit resentment or other forms of blame, but rather deduction of credibility points in internal scorekeeping and related attitudinal and behavioral changes. As Fricker’s work on epistemic injustice shows, such distrust is undesirable from the point of view of an epistemic agent. Consequently, when one manifests epistemic distrust towards a subject in suitable circumstances, it amounts a way of holding her accountable. Since this form of accountability involves no opprobrium, there is good reason to think it is not linked to voluntary control in the same way as moral accountability. Finally, I make use of this account of what makes epistemic norms distinctive to point out some faulty diagnostics in debates about norms of assertion. My aim is not to defend any substantive view, however, but only to offer tools for identifying the right kind of evidence for epistemic norms. (shrink)

There are important similarities between moral thought and talk and thought and talk about gender: disagreements about gender, like disagreements about morality, seem to be intractable and to outstrip descriptive agreement; and it seems coherent to reject any definition of what it is to be a woman in terms of particular social, biological, or other descriptive features, just as it seems coherent to reject any definition of what it is to be good or right in terms of any set of (...) descriptive properties. These similarities give us reason to investigate the idea that, like moral thought and talk, gender thought and talk is inherently normative. This paper proposes a normative account of gender thought and talk in terms of fitting treatment. On this fitting treatment account, to judge that A is gender G is just to judge that it is fitting to treat A as a G. This account is a descriptive or hermeneutical account of our gender thought and talk rather than an ameliorative account of our gender concepts or a metaphysical account of gender properties in social metaphysics. This paper argues that other descriptive accounts of gender thought and talk face problems that the fitting treatment account overcomes. (shrink)

In this paper, we argue that there are epistemic norms on evidence-gathering and consider consequences for how to understand epistemic normativity. Though the view that there are such norms seems intuitive, it has found surprisingly little defense. Rather, many philosophers have argued that norms on evidence-gathering can only be practical or moral. On a prominent evidentialist version of this position, epistemic norms only apply to responding to the evidence one already has. Here we challenge the orthodoxy. (...) First, we argue that there is no significant normative difference between responding to evidence you have and gathering more evidence. Second, we argue that our practices of epistemically criticizing agents for their poor evidence-gathering indicate the existence of epistemic norms on evidence-gathering. Finally, we show that our thesis has important implications for recent debates about the relationship between epistemic norms and inquiry. (shrink)

In this chapter, we will first argue that current practices in CBE are framed within the market or economic logic and miss the normative dimension of the call for circularity. The transition to the CBE requires a fundamental reflection on the role of economic actors in the social and ecological environment with significant consequences for their business practices. Second, we will argue that the transition to the CBE requires the acknowledgement of the normative and social dimensions of this transition at (...) the meso and macro levels, and the establishment of an environmental and social logic on the micro level of business practices. Third, we will argue that the concept of responsible innovation (RI) can help to articulate the normative and social dimensions of the transition to the CBE, and enables the operationalisation of the environmental and social logic at the micro level. In this respect, RI can be understood as a driver for the transition to the CBE. (shrink)

It is widely held that there is a distinctive norm of assertion. A plausible idea is that there is an analogous, perhaps weaker, norm for indirect communication via implicatures. I argue against this type of proposal. My claim is that the norm of assertion is a social norm governing public updates to the conversational record. Off the record implicatures are not subject to social norms of this type. I grant that, as happens in general with intentional actions, off the (...) record communicative acts may be subject to normative assessments on different levels (for instance, regarding their moral or prudential appropriateness). However, such assessments do not generate distinctive norms that apply to all cases of implicature. (shrink)

The recent controversy about misinformation has moved a question into the focus of the public eye that has occupied philosophers for decades: Under what conditions is it appropriate to assert a certain claim? When asserting a claim that x, must one know that x? Must x be true? Might it be normatively acceptable to assert whatever one believes? In the largest cross-cultural study to date (total n = 1,091) on the topic, findings from the United States, Germany, and Japan suggest (...) that, in order to claim that x, x need not be known, and it can be false. However, the data show, we do expect considerable epistemic responsibility on the speaker’s behalf: In order to appropriately assert a claim, the speaker must have good reasons to believe it. (shrink)

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)

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 (...) class='Hi'>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)

Logical pluralism is the view that there is more than one correct logic. Most logical pluralists think that logic is normative in the sense that you make a mistake if you accept the premisses of a valid argument but reject its conclusion. Some authors have argued that this combination is self-undermining: Suppose that L1 and L2 are correct logics that coincide except for the argument from Γ to φ, which is valid in L1 but invalid in L2. If you accept (...) all sentences in Γ, then, by normativity, you make a mistake if you reject φ. In order to avoid mistakes, you should accept φ or suspend judgment about φ. Both options are problematic for pluralism. Can pluralists avoid this worry by rejecting the normativity of logic? I argue that they cannot. All else being equal, the argument goes through even if logic is not normative. (shrink)

Normative explanations of why things are wrong, good, or unfair are ubiquitous in ordinary practice and normative theory. This paper argues that normative explanation is subject to a justification condition: a correct complete explanation of why a normative fact holds must identify features that would go at least some way towards justifying certain actions or attitudes. I first explain and motivate the condition I propose. I then support it by arguing that it fits well with various theories of normative reasons, (...) makes good sense of certain legitimate moves in ordinary normative explanatory discourse, and helps to make sense of our judgments about explanatory priority in certain cases of normative explanation. This last argument also helps to highlight respects in which normative explanation won’t be worryingly discontinuous with explanations in other domains even though these other explanations aren’t subject to the justification condition. Thus the paper aims not only to do some constructive theorizing about the relatively neglected topic of normative explanation but also to cast light on the broader question of how normative explanation may be similar to and different from explanations in other domains. (shrink)