Take “legal reality” to be the part of reality that actual legal thought and talk is dis- tinctively about, such as legal institutions, legal obligations, and legal norms. Our goal is to explore whether legal reality is disunified. To illustrate the issue, consider the possibility that an important metaphysical thesis such as positivism is true of one part of legal reality (legal institutions), but not another (legal norms). We offer two arguments that suggest that legal reality is disunified: one concerns (...) the heteroge- neity of different entities that are part of legal reality; the other concerns variation within legal thought and talk. We then show that taking the possibility of the disunity of legal reality seriously has important upshots for how we think about the positivist and antipositivist traditions, the debate between them, and their relation to other parts of legal theory, such as critical legal theory and legal realism. (shrink)

How do scientific explanations for beliefs affect people's confidence that those beliefs are true? For example, do people think neuroscience-based explanations for belief in God support or challenge God's existence? In five experiments, we find that people tend to think explanations for beliefs corroborate those beliefs if the explanations invoke normally-functioning mechanisms, but not if they invoke abnormal functioning (where “normality” is a matter of proper functioning). This emerges across a variety of kinds of scientific explanations and beliefs (religious, moral, (...) and scientific). We also find evidence that these effects can interact with people's prior beliefs to produce motivated judgments. (shrink)

In this paper, we consider how the notion of metalinguistic negotiation interacts with various theories of generics. The notion of metalinguistic negotiation we discuss stems from previous work from two of us (Plunkett and Sundell). Metalinguistic negotiations are disputes in which speakers disagree about normative issues concerning language, such as issues about what a given word should mean in the relevant context, or which of a range of related concepts a word should express. In a metalinguistic negotiation, speakers argue (...) about such issues implicitly, via competing “metalinguistic” usages of terms. Here, we argue that some disputes involving generics are best thought of as metalinguistic negotiations, and that these cases can be illuminating for our more general theorizing about generics. Specifically, we argue that the “contextualist” theory of generics that one of us (Sterken) has developed in other work is best equipped to account for these metalinguistic negotiations, relative to other leading views of generics. We thus argue for a “package deal” view of generics: a view that combines Plunkett and Sundell’s account of metalinguistic negotiation with Sterken’s contextualist view of generics. (shrink)

Which concepts should we use to think and talk about the world and to do all of the other things that mental and linguistic representation facilitates? This is the guiding question of the field that we call ‘conceptual ethics’. Conceptual ethics is not often discussed as its own systematic branch of normative theory. A case can nevertheless be made that the field is already quite active, with contributions coming in from areas as diverse as fundamental metaphysics and social/political philosophy. In (...) this pair of papers, we try to unify the field, reflecting on its basic nature, structure, and methodology. (shrink)

This essay argues that Mark C. Murphy's original contribution to natural law ethics succeeds in finding a way between older metaphysical and newer purely practical approaches in this genre. Murphy's reconstruction of the function argument, critique of subjectivist theories of well-being, and rigorous formulation of a flexible welfarist theory of value deserve careful attention. I defend Kant against Murphy's critique and argue that Murphy faces the problem of showing that all his basic goods are morally inviolable. Although I endorse Murphy's (...) critique of radical virtue ethics, I raise objections to the basic moral norms he derives from his list of goods, and to the analysis of peace of mind and happiness as basic goods. (shrink)

In constructing semantic theories of normative and evaluative terms, philosophers have commonly deployed a certain type of disagreement -based argument. The premise of the argument observes the possibility of genuine disagreement between users of a certain normative or evaluative term, while the conclusion of the argument is that, however differently those speakers employ the term, they must mean the same thing by it. After all, if they did not, then they would not really disagree. We argue that in many of (...) the cases in which this argument is deployed, the conclusion not only fails to follow from the premises, but is very likely false. Disagreements between speakers who do not mean the same things by their words are common, genuine, and not easily distinguished from ordinary disagreements over the truth of literally expressed content. We make this case by developing the notion of a metalinguistic negotiation, an exchange in which speakers tacitly negotiate the proper deployment of some linguistic expression in a context. Metalinguistic negotiations express disagreements over information that is conveyed pragmatically and about what concepts should be deployed in the context at hand. We argue that neither of these features poses any obstacle to metalinguistic negotiations serving to express genuine, substantive disagreements that can be well worth engaging in. Contrary to what has been widely assumed in the literature, many normative and evaluative disputes—among ordinary speakers and even among philosophers themselves—may be of exactly this type, a conclusion with important consequences for both the subject matter and the methodology of metanormative theory. (shrink)

For some, ‘transformation’ is the new non-reductive and non-normative ‘development’, attracting attention from interdisciplinary array, but of particular theoretical and practical interest to Spirituality scholars. In philosophical context, transformation theory has suffered greatly from ’agency-structure’ dualism and suspension of ontology in body-mind dualism and rationalist virtue controversy. Drawing on the work of Bhaskar, Segal and Slote, a renegotiated and more meaningful sense of transformation emerges from their cumulative analytical and conceptual enrichment. In the complexity of possible relations between self, self-concept (...) and society, lies the traditionally neglected transformative middle of sui-generis human depth. In redress, arguably, Bhaskar’s meta-philosophy accommodates Segal’s experiential depth analysis and Slote’s understanding of empathy and receptivity as valuable insights for ’awakening’ to transformative process. (shrink)

Conceptual engineering and conceptual ethics are branches of philosophy concerned with questions about how to assess and ameliorate our representational devices (such as concepts and words). It's a part of philosophy concerned with questions about which concepts we should use (and why), how concepts can be improved, when concepts should be abandoned, and how proposals for amelioration can be implemented. Central parts of the history of philosophy have engaged with these issues, but the focus of this volume is on applications (...) to work in contemporary philosophy of language and mind, epistemology, gender and race theory, ethics, philosophy of science, and philosophical logic. This is the first volume devoted entirely to conceptual engineering and conceptual ethics. The volume explores the possibilities, benefits, problems, and applications of conceptual engineering and conceptual ethics. It consists of twenty chapters written by leading philosophers. (shrink)

In recent work, we have argued that a number of disputes of interest to philosophers – including some disputes amongst philosophers themselves – are metalinguistic negotiations. Prima facie, many of these disputes seem to concern worldly, non-linguistic issues directly. However, on our view, they in fact concern, in the first instance, normative questions about the use of linguistic expressions. This will strike many ordinary speakers as counterintuitive. In many of the disputes that we analyze as metalinguistic negotiations, speakers might quite (...) strongly resist the idea that their debate is in any sense about language. In this paper, we explore and provide responses to what we take to be the best versions of an objection that our view involves an unacceptable attribution of false beliefs to ordinary speakers. (shrink)

In this Introduction, we aim to introduce the reader to the basic topic of this book. As part of this, we explain why we are using two different expressions (‘conceptual engineering’ and ‘conceptual ethics’) to describe the topics in the book. We then turn to some of the central foundational issues that arise for conceptual engineering and conceptual ethics, and finally we outline various views one might have about their role in philosophy and inquiry more generally.

This paper is about philosophical disputes where the literal content of what speakers communicate concerns such object-level issues as ground, supervenience, or real definition. It is tempting to think that such disputes straightforwardly express disagreements about these topics. In contrast to this, I suggest that, in many such cases, the disagreement that is expressed is actually one about which concepts should be employed. I make this case as follows. First, I look at non-philosophical, everyday disputes where a speaker employs a (...) metalinguistic usage of a term. This is where a speaker uses a term to express a view about the meaning of that term, or, relatedly, how to correctly use that term. A metalinguistic negotiation is a metalinguistic dispute that concerns a normative issue about what a word should mean, or, similarly, about how it should be used, rather than the descriptive issue about what it does mean. I argue that the same.. (shrink)

Which concepts should we use to think and talk about the world and to do all of the other things that mental and linguistic representation facilitates? This is the guiding question of the field that we call ‘conceptual ethics’. Conceptual ethics is not often discussed as its own systematic branch of normative theory. A case can nevertheless be made that the field is already quite active, with contributions coming in from areas as diverse as fundamental metaphysics and social/political philosophy. In (...) this pair of papers, we try to unify the field, reflecting on its basic nature, structure, and methodology. (shrink)

In this article, we propose a novel account of general jurisprudence by situating it within the broader project of metanormative inquiry. We begin by showing how general jurisprudence is parallel to another well-known part of that project, namely, metaethics. We then argue that these projects all center on the same task: explaining how a certain part of thought, talk, and reality fits into reality overall. Metalegal inquiry aims to explain how legal thought, talk, and reality fit into reality. General jurisprudence (...) is the part of metalegal inquiry that focuses on universal legal thought, talk, and reality. (shrink)

Through a study of a sophisticated contemporary scientific experiment, it is shown how and why use of the term 'observation' in reference to that experiment departs from ordinary and philosophical usages which associate observation epistemically with perception. The role of "background information" is examined, and general conclusions are arrived at regarding the use of descriptive language in and in talking about science. These conclusions bring out the reasoning by which science builds on what it has learned, and, further, how that (...) process of building consists not only in adding to our substantive knowledge, but also in increasing our ability to learn about nature, by extending our ability to observe it in new ways. The argument of this paper is thus a step toward understanding how it is that all our knowledge of nature rests on observation. (shrink)

In this paper, I argue that facts about the history or genealogy of concepts (facts about what I call “conceptual history”) can matter for normative inquiry. I argue that normative and evaluative issues about concepts (such as issues about which concepts an agent should use, in a given context) matter for all forms of inquiry (including normative inquiry) and that conceptual history can help us when we engage in thinking about these normative and evaluative issues (which I call issues in (...) “conceptual ethics”). My aim in making this argument is to develop a schematic framework for thinking about the relationship between conceptual history and normative inquiry. The framework puts pressure on those who, often unreflectively or implicitly, dismiss the potential relevance of conceptual history to normative inquiry. At the same time, the framework can be seen as presenting a challenge to those drawn to more radical views about the relationship between conceptual history and normative inquiry. The challenge is this: if one wants a more ambitious model of the relevance of conceptual history to normative inquiry than what I provide in this paper, one needs to explain what justifies such a model. (shrink)

Preface: The target of film theory -- Camera searching in the world -- Is a camera essential? -- Cahiers axiom -- Tracing Bazin's trace -- Images contested today -- Editor's discovery of form -- Bazin's forerunners -- Documentaries in the cauldron of history -- Cahiers line -- Pursuing cinema in the twenty-first century -- Projector as spectator's searchlight -- Power of projection -- Opening the screen's dimensions -- Frame as threshold -- Writing out of the frame -- Evolution of the (...) subjects of cinema -- Modern film: Between classic and avant-garde -- Ontogeny of cinema -- Credits and auteurs: An ecology of adaptation -- Fidelity: The economy of adaptation. (shrink)

Which concepts should we use to think and talk about the world, and to do all of the other things that mental and linguistic representation facilitates? This is the guiding question of the field that we call ‘conceptual ethics’. Conceptual ethics is not often discussed as its own systematic branch of normative theory. A case can nevertheless be made that the field is already quite active, with contributions coming in from areas as diverse as fundamental metaphysics and social/political philosophy. In (...) this pair of papers, we try to unify the field, reflecting on its basic nature, structure, and methodology. (shrink)

An examination of Galileo's thought and work that focuses on his contributions to modern science.

Concepts in Film Theory is a continuation of Dudley Andrew's classic, The Major Film Theories. In writing now about contemporary theory, Andrew focuses on the key concepts in film study -- perception, representation, signification, narrative structure, adaptation, evaluation, identification, figuration, and interpretation. Beginning with an introductory chapter on the current state of film theory, Andrew goes on to build an overall view of film, presenting his own ideas on each concept, and giving a sense of the interdependence of these (...) concepts. Andrew provides lucid explanations of theories which involve perceptual psychology and structuralism; semiotics and psychoanalysis; hermeneutics and genre study. His clear approach to these often obscure theories enables students to acquire the background they need to enrich their understanding of film -- and of art. (shrink)

Four experiments investigate the folk concept of “understanding,” in particular when and why it is deployed differently from the concept of knowledge. We argue for the positions that people have higher demands with respect to explanatory depth when it comes to attributing understanding, and that this is true, in part, because understanding attributions play a functional role in identifying experts who should be heeded with respect to the general field in question. These claims are supported by our findings that people (...) differentially withhold attributions of understanding when the object of attribution has minimal explanatory information. We also show that this tendency significantly correlates with people’s willingness to defer to others as potential experts. This work bears on a pressing issue in epistemology concerning the place and value of understanding. Our results also provide reason against positing a simple equation of knowledge and understanding. We contend that, because deference plays a crucial role in many aspects of everyday reasoning, the fact that we use understanding attributions to demarcate experts reveals a potential mechanism for achieving our epistemic aims in many domains. (shrink)

ABSTRACT:In this article, we review and build on intergenerational and behavioral ethics research to consider how the motive to build a lasting legacy can impact ethical behavior in intergenerational decision making. We discuss how people can utilize their relationships to organizations to craft their legacies. Further, we elucidate how the legacy motive can enhance business ethics, incorporating theory and empirical findings from research on intergenerational decision making, generativity, and terror management theory to develop the legacy construct and to outline the (...) psychological underpinnings of motivations to leave a positive legacy. We discuss the ways in which legacies can provide a link between life-meaning and pro-social motivation, and we consider the ways in which individuals’ social environments can moderate the intensity of the legacy motive and can impact legacy-building behavior by determining the types of legacies that are valued. Finally, we highlight the implications of these ideas for ethical behavior and sustainable decision making in business contexts. (shrink)

This chapter discusses two different issues about the relationship between legal positivism and robust normativity (understood as the most authoritative kind of normativity to which we appeal). First, the chapter argues that, in many contexts when discussing “legal positivism” and “legal antipositivism”, the discussion should be shifted from whether legal facts are ultimately partly grounded in moral facts to whether they are ultimately partly grounded in robustly normative facts. Second, the chapter explores an important difference within the kinds of arguments (...) that legal philosophers give for the (purported) truth of legal positivism. The difference concerns whether (purportedly) robustly normative facts are appealed to as premises in those arguments or not. (A closely connected issue is whether (purportedly) normative facts that bear one or more important connections to robustly normative facts are appealed to in premises to those arguments.) The chapter argues that thinking about this dividing line helps people better situate the positivist/antipositivist dispute, better understand the space of views in legal philosophy, better evaluate those views, and avoid having merely verbal disputes. (shrink)

The alleged problem of "incommensurability" is examined, and attempts to explain scientific change in terms of concepts of meaning and reference are analyzed and rejected. A way of understanding scientific change through a properly developed concept of "reasons" is presented, and the issues of reasons, meaning, and reference are placed in the context of this broader interpretation of scientific change.

“What do you see when you look at your face in the mirror?” asks J. David Velleman in introducing his philosophical theory of action. He takes this simple act of self-scrutiny as a model for the reflective reasoning of rational agents: our efforts to understand our existence and conduct are aided by our efforts to make it intelligible. Reflective reasoning, Velleman argues, constitutes practical reasoning. By applying this conception, _Practical Reflection_ develops philosophical accounts of intention, free will, and the foundation (...) of morals. This new edition of _Practical Reflection_ contains the original 1989 text along with a new introduction and is the latest entry in The David Hume Series of Philosophy and Cognitive Science Reissues, which keeps in print previously published indispensable works in the area of cognitive science. _ _ _ _. (shrink)

Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...) descriptivist, “rule-relational” semantics combined with a pragmatic account of the expressive and practical functions of legal discourse. We argue that this approach is at least as well-equipped as expressivism to explain the motivational and prescriptive features of “internal” legal statements, as well as a fundamental kind of legal disagreement, while being better positioned to account for various “external” uses of the same language. We develop this theory in a Hartian framework, and in the final part of the paper argue (particularly against Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along such quasi-expressivist lines. (shrink)

In previous work, we have developed the idea that, in some disputes, speakers appear to use (rather than mention) a term in order to put forward views about how that term should be used. We call such disputes “metalinguistic negotiations”. Herman Cappelen objects that our model of metalinguistic negotiation makes implausible predictions about what speakers really care about, and what kinds of issues they would take to settle their disputes. We highlight a distinction (which we have emphasized in prior work) (...) between the question of which disagreements speakers have vs. which disagreements are immediately expressed in a given linguistic exchange. Once this distinction is clear, we can appreciate that speakers who are engaged in a metalinguistic negotiation (where certain issues in conceptual ethics are immediately expressed) can also disagree about other issues, including both other issues in conceptual ethics and “object-level” issues that aren’t about words or concepts. In many metalinguistic negotiations, speakers (we think correctly) care more about these other issues than they do about ones concerning the meaning of a word. Because of this, Cappelen’s objection fails to identify any data that challenge our model. (shrink)

One of the central debates in legal philosophy is the debate over legal positivism. Roughly, positivists say that law is ultimately grounded in social facts alone, whereas antipositivists say it is ultimately grounded in both social facts and moral facts. In this paper, I argue that philosophers involved in the dispute over legal positivism sometimes employ distinct concepts when they use the term “law” and pick out different things in the world using these concepts. Because of this, what positivists say (...) might well then be true of one thing (e.g., law1) but false of another (e.g., law2). Accepting this thesis does not mean that the philosophers engaged in this dispute are “talking past each other” or engaged in a “merely verbal dispute” that lacks substance. I argue that participants in this dispute are sometimes arguing about what they should mean by the word “law” in the context at hand. This involves putting forward competing proposals about which concept the word “law” should be used to express. This is an issue in what I call “conceptual ethics.” This argument in conceptual ethics can be well worth having, given the connotations that the term “law” plays in many contexts, ranging from legal argument to political philosophy to social-scientific inquiry. Sometimes, I claim, philosophers (and ordinary speakers) engage in such argument tacitly by competing “metalinguistic” usages of the term “law”—usages of the term that express a view (in this case, a normative view) about the meaning of the word itself. In such cases, speakers on different sides of the positivism debate might in fact both speak truly, in terms of the literal (semantic) content of what they both say. Nonetheless, they may disagree in virtue of views in conceptual ethics about “law” that they express through the nonliteral content of what they say. These views in conceptual ethics often reflect further disagreements about issues that are not ultimately about words or concepts. These include foundational ones in ethics and politics about how we should live and what kind of institutions should govern our lives. My metalinguistic account of the dispute over legal positivism better equips us to identify what such issues are and to engage them more fruitfully. (shrink)

In Choosing Normative Concepts, Eklund considers a “variance thesis” about our most fundamental (and seemingly most “authoritative”) normative concepts. This thesis raises the threat of an alarming symmetry between different sets of normative concepts. If this symmetry holds, it would be incompatible with “ardent realism” about normativity. Eklund argues that the ardent realist should appeal to the idea of “referential normativity” in response to this challenge. I argue that, even if Eklund is right in his core arguments on this front, (...) many other important challenges for ardent realism remain that also stem from the issues about possible variance in normative concepts that he considers. Following this, I introduce further issues about conceptual variance. These are issues that arise within the context of the framework that Eklund proposes the ardent realist use to confront the variance theses he considers. In particular, the issues concern what normative role as such is, as well as, relatedly, which roles associated with a concept (or predicate) get to count as part of its normative role. The upshot is that issues about conceptual variance in normative domains might be even more challenging for the ardent realist to deal with than Eklund argues. (shrink)

One of Ronald Dworkin's most distinctive claims in legal philosophy is that law is an interpretative concept, a special kind of concept whose correct application depends neither on fixed criteria nor on an instance-identifying decision procedure but rather on the normative or evaluative facts that best justify the total set of practices in which that concept is used. The main argument that Dworkin gives for interpretivism about some conceptis a disagreement-based argument. We argue here that Dworkin's disagreement-based argument relies on (...) a mistaken premise about the nature of disagreement. We propose an alternative analysis of the type of disputeseeming variation casesthat Dworkin uses to motivate the idea of interpretative concepts. We begin by observing that genuine disagreements can be expressed via a range of linguistic mechanisms, many of which do not require that speakers literally assert and deny one and the same proposition. We focus in particular on what we call disputes in which speakers do not express the same concepts by their words but rather negotiate how words should be used and thereby negotiate which of a range of competing concepts should be used in that context. We claim that this view has quite general theoretical advantages over Dworkin's interpretivism about seeming variation cases and about the relevant class of legal disputes in particular. This paper thus has two interlocking goals: (1) to undermine one of Dworkin's core arguments for interpretivism, and (2) to provide the foundations for a noninterpretivist alternative account of an important class of legal disputes. (shrink)