Abstract.Legal philosophy must consider the way in which laws function as reasons for action. “Simple positivism” considers laws as merely reasons in the balance of reasons. Joseph Raz, as a representative of “sophisticated positivism,” argues that laws are exclusionary reasons for action, not merely reasons in the balance of reasons. This paper discusses Raz's arguments for his view. The Functional Argument provides no more reason for positivism than against it. The Phenomenological Argument is best supported by an account of how (...) character traits function in explaining behaviour. But then the distinction between exclusionary reasons and expressive reasons is obliterated. Legal positivism cannot absorb laws as expressive reasons for action. Raz's positivism implies the correctness of an anti‐positivistic legal theory. (shrink)

At the intersection of social and virtue epistemology lies the important, yet so far entirely neglected, project of articulating the social dimensions of epistemic virtues. Perhaps the most obvious way in which epistemic virtues might be social is that they may be possessed by social collectives. We often speak of groups as if they could instantiate epistemic virtues. It is tempting to think of these expressions as ascribing virtues not to the groups themselves, but to their members. Adapting Margaret Gilbert's (...) arguments against individualist accounts of collective beliefs, I show that individualist accounts of group virtues are either too weak or too strong. I then formulate a non-individualist account modeled after Gilbert's influential account of collective beliefs. A crucial disanalogy between collective traits and beliefs, I argue, makes the success of this model unlikely. I conclude with some questions with which the future work on collective epistemic virtues should engage. (shrink)

In this article, the authors examine and debate the categories of emotions, moods, temperaments, character traits and sentiments. They define them and offer an account of the relations that exist among the phenomena they cover. They argue that, whereas ascribing character traits and sentiments (dispositions) is to ascribe a specific coherence and stability to the emotions (episodes) the subject is likely to feel, ascribing temperaments (dispositions) is to ascribe a certain stability to the subject's moods (episodes). The rationale for this (...) distinction, the authors claim, lies in the fact that, whereas appeal to character traits or sentiments in explanation is tantamount to making sense of a given behaviour in terms of an individual's specific evaluative perspective - as embodied in this individual's emotional profile - appeal to temperaments makes sense of it independently of any such evaluative perspective. (shrink)

The last three decades have seen much important work on powers and dispositions: what they are and how they are related to the phenomena that constitute their manifestation. These debates have tended to focus on ‘paradigmatic’ dispositions, i.e. physical dispositions such as conductivity, elasticity, radioactivity, etc. It is often assumed, implicitly or explicitly, that the conclusions of these debates concerning physical dispositions can be extended to psychological dispositions, such as beliefs, desires or character traits. In this paper I identify some (...) central features of paradigmatic dispositions that concern their manifestation, stimulus conditions, and causal bases. I then focus on a specific kind of psychological disposition, namely character traits, and argue that they are importantly different from paradigmatic dispositions in relation to these features. I conclude that this difference should lead us to re-examine our assumption that character traits are dispositions and, by implication, whether we can generalize conclusions about physical dispositions to psychological dispositions, such as character traits and their manifestations. (shrink)

In Intention, Anscombe says that practical reasoning is practical, not by virtue of its content, but rather by virtue of its form. But in her later essay ‘Practical Inference’, she seems to take this back, claiming instead that (1) the practicality of practical reasoning (or inference) resides in the distinctive use it makes of the premises, and (2) ‘it is a matter of indifference’ whether we say that it exemplifies a distinctive form. I aim to show that Anscombe is right (...) about (1) but wrong about (2): the distinctive use (or teleology) of practical reasoning explains its distinctive formal features, and when the former is thought through, the latter are revealed to be more numerous and significant than Anscombe seems to recognize. (shrink)