First-order normative theories concerning what’s right and wrong, good and bad, etc. and metanormative theories concerning the nature of first-order normative thought and talk are widely regarded as independent theoretical enterprises. This paper argues that several debates in metanormative theory involve views that have first-order normative implications, even as the implications in question may not be immediately recognizable as normative. I first make my claim more precise by outlining a general recipe for generating this result. I then apply this recipe (...) to three debates in metaethics: the modal status of basic normative principles, normative vagueness and indeterminacy, and the determination of reference for normative predicates. In each case I argue that certain views on each issue carry first-order normative commitments, in accordance with my recipe. (shrink)

I explore the prospects of capturing and explaining, within a non-cognitivist framework, the enkratic principle of rationality, according to which rationality requires of N that, if N believes that she herself ought to perform an action, φ, N intends to φ. Capturing this principle involves making sense of both the possibility and irrationality of akrasia – of failing to intend in accordance with one’s ought thought. In the first section, I argue that the existing non-cognitivist treatments of enkrasia/akrasia by Allan (...) Gibbard and Michael Ridge are not satisfying. In the second section, I propose that non-cognitivists should perhaps say roughly the following: to think that one ought to φ is to prefer φ-ing to the alternative courses of action, or to have a stronger desire to φ than to choose any alternative action. I outline an account of the strength of desire, which allows for the possibility of intending to act against one’s strongest desires, and makes it intelligible why rationality would nevertheless require that one’s strongest desires and intentions be aligned. This would allow the non-cognitivist to explain how akrasia is both possible and irrational. In the last section, I briefly suggest that this leaves non-cognitivists in a nice position in comparison to at least some of the competition, when it comes to capturing enkrasia. (shrink)

The nature of the relation between jurisprudential theories and first-order legal judgments is a strangely uncontroversial matter in contemporary legal philosophy. There is one dominant conception of the relation according to which jurisprudential theories are second-order or meta-legal theories that specify the ultimate grounds of first-order legal judgments. According to this conception, difficult first-order legal disputes are to be resolved by jurisprudential theorizing. According to an alternative conception that Ronald Dworkin has influentially advocated, jurisprudential theories are not second-order theories about (...) the nature of law, but instead covert first-order legal theories. These two conceptions of the relation between jurisprudential theories and first-order legal judgments dominate the contemporary legal philosophical scene and crowd out other possible conceptions. This article scrutinizes the two conceptions, and in the process raises the possibility of a different and arguably more credible conception. According to this new conception, our first-order legal views and a jurisprudential theory that we accept are supposed to form a mutually disciplining and supporting set of views that we accept in our pursuit of the epistemic ideal of wide reflective equilibrium. The two sets of views are supposed to constrain and discipline each other; but neither is meant to underwrite, certify, or ultimately determine the contents of the other. This new conception, which allows the relation between jurisprudential theories and first-order legal judgments to be much looser, untidier, and more complex than what the two dominant conceptions imply, should facilitate progress in legal philosophy and in first-order legal thinking. (shrink)

This paper defends moral realism against Sharon Street’s “Darwinian Dilemma for Realist Theories of Value” (this journal, 2006). I argue by separation of cases: From the assumption that a certain normative claim is true, I argue that the first horn of the dilemma is tenable for realists. Then, from the assumption that the same normative claim is false, I argue that the second horn is tenable. Either way, then, the Darwinian dilemma does not add anything to realists’ epistemic worries.

Gibbard argues that we have to accord others a certain fundamental epistemic normative authority. To avoid skepticism we must accept some of our normative principles; since the influence of others was a major factor in the process that led us to adopt them, we must accord others fundamental normative authority. The argument ought to be of interest to a wide range of philosophers, since while compatible with expressivism, it does not assume expressivism. It has rarely been discussed. In this essay (...) I analyse the argument, explain why it is not sound and make a suggestion about the real upshot of the rejection of normative skepticism. (shrink)

For a long time many philosophers felt the incoherence objection was a decisive objection to rule-consequentialism, but that position has recently become less secure, because Brad Hooker has offered a clever new way for rule-consequentialists to avoid the incoherence objection. Hooker’s response defeats traditional forms of the incoherence objection, but this paper argues that another version of the problem remains. Several possible solutions fail. One other does not, but it introduces other problems into the theory. I conclude that the new (...) incoherence objection still poses a major challenge to rule-consequentialism, though not for the reasons usually assumed. It does not constitute a fatal objection to rule-consequentialism but instead highlights a theoretical drawback in the theory which must be taken into account during a more holistic evaluation of rule-consequentialism and its rivals. (shrink)

Philosophers often hold that the aim of conceptual analysis is to discover the representational content of a given concept such as freewill, belief, or law. In From Metaphysics to Ethics and other recent work, Frank Jackson has developed a theory of conceptual analysis that is one of the most advanced systematizations of this widespread idea. I argue that this influential way of characterizing conceptual analysis is too narrow. I argue that it is possible that an expressivist account could turn out (...) to be correct as a genuine conceptual analysis of a genuine concept. I claim that since an expressivist analysis does not aim to discover the representational content of a given concept—and, indeed, might itself be based on the idea that the concept in question is not even representational in nature—the possibility of expressivist conceptual analysis shows that Jackson’s theory of conceptual analysis is incomplete as it currently stands. I conclude that Jackson needs to either shift his basic understanding of the nature of conceptual analysis or commit to a particular normative reinterpretation of his project. (shrink)

Although theorists disagree about precisely how to characterize the link between anger and moral judgment, that they are linked is routinely taken for granted in contemporary metaethics and philosophy of emotion. One problem with this assumption is that it ignores virtues like patience, which thinkers as different as Cassian, Śāntideva, and Maimonides have argued are characteristic of mature moral agents. The patient neither experience nor plan to experience anger in response to (at least some) wrongs. Nevertheless, we argue, they remain (...) capable of judging such actions to be wrong. This indicates that a different account of the relationship between anger and moral judgment is required. We conclude by proposing one such account, showing how a metaethicist who was more attentive to the normative ethics of anger might set about reconstructing her position. (shrink)

This article argues that the best way to pursue systematic normative ethical theorizing involves metaethical enquiry. My argument builds upon two central claims. First, I argue that plausible metaethical accounts can have implications that can help to resolve the methodological controversies facing normative ethics. Second, I argue that metaethical research is at least roughly as well supported as normative ethical research. I conclude by examining the implications of my thesis. Inter alia, it shows that the common practice of engaging in (...) systematic normative theorizing uninformed by metaethical commitments offers a significant and troubling hostage to metaethical fortune. (shrink)

Parfit advertised the priority view as a new and fundamental theory in the ethics of distribution. He never discusses risk, and many writers follow suit when discussing the priority view. This article formalizes two popular arguments for a commonly accepted risk-free definition of the priority view. One is based on a direct attempt to define the priority view, the other is based on a contrast with utilitarianism and egalitarianism. But neither argument succeeds, and more generally, it is not possible to (...) make sense of the priority view in a risk-free framework. The article pays particular attention to the proper role of evaluative measurements in theorizing about the ethics of distribution. Despite appearances, approaching the priority view in terms of risk from the outset is argued to be quite natural. (shrink)

The idea that there are representations with a double direction of fit has acquired a pride of place in contemporary debates on the ontology of institutions. This paper will argue against the very idea of anything at all having both directions of fit. There is a simple problem which has thus far gone unnoticed. The suggestion that there are representations with both directions of fit amounts to a suggestion that, in cases of discrepancy between a representation and the world, both (...) should change—the representation and the world. But that would merely amount to another discrepancy, and so both should change again, ad infinitum. The paper will first elucidate the notion of a “direction of fit” and clarify how the criticism to be presented here differs from earlier criticisms (Section 1).The next section sheds some light on why and how acts and attitudes with both directions of fit have seemed to play a part in explaining the existence of institutional reality (Section 2). The next sections present the argument against any representations with both directions of fit, relying on a normative understanding of the distinction. The argument will have three steps (Sections 3, 4, and 5). The section that follows shows that the criticism also applies to the dispositional understanding of the notion of a direction of fit (Section 6), and then the paper asks whether a third kind of reading would be available (Section 7) and whether the infallibility of the relevant representations would be of help (Section 8). Finally, the paper assesses briefly the consequences of dropping the notion of two directions of fit (Section 9). (shrink)

This paper focuses on the Enkratic principle of rationality, according to which rationality requires that if an agent sincerely and with conviction believes she ought to X, then X-ing is a goal in her plan. We analyze the logical structure of Enkrasia and its implications for deontic logic. To do so, we elaborate on the distinction between basic and derived oughts, and provide a multi-modal neighborhood logic with three characteristic operators: a non-normal operator for basic oughts, a non-normal operator for (...) goals in plans, and a normal operator for derived oughts. We prove two completeness theorems for the resulting logic, and provide a dynamic extension of the logic by means of product updates. We illustrate how this setting informs deontic logic by considering issues related to the filtering of inconsistent oughts, the restricted validity of deontic closure, and the stability of oughts and goals under dynamics. (shrink)

Rule consequentialism (RC) holds that the rightness and wrongness of actions is determined by an ideal moral code, i.e., the set of rules whose internalization would have the best consequences. But just how many moral codes are there supposed to be? Absolute RC holds that there is a single morally ideal code for everyone, while Relative RC holds that there are different codes for different groups or individuals. I argue that Relative RC better meets the test of reflective equilibrium than (...) Absolute RC. In particular, I contend that Relative RC is superior because it accommodates our convictions about costless benefits. Some have charged that Relative RC threatens our convictions about the generality of moral codes and that it leads inevitably to what Brad Hooker calls “runaway relativism.” I argue that Relative RC has principled reasons for stopping this imagined slide down the slippery slope. (shrink)

Neuroscience and psychology have recently turned their attention to the study of the subpersonal underpinnings of moral judgment. In this article we critically examine an influential strand of research originating in Greene's neuroimaging studies of ‘utilitarian’ and ‘non-utilitarian’ moral judgement. We argue that given that the explananda of this research are specific personal-level states—moral judgments with certain propositional contents—its methodology has to be sensitive to criteria for ascribing states with such contents to subjects. We argue that current research has often (...) failed to meet this constraint by failing to correctly ‘fix’ key aspects of moral judgment, criticism we support by detailed examples from the scientific literature. (shrink)

To understand rational response to ethical disagreement, we need to consider how epistemic and ethical factors interact. The notion of an ethical peer is developed, and the roles that epistemic and ethical peers play in disagreement are compared. In the light of some literary examples, the view that conciliation in response to an ethical peer can be called for, even if that peer is an epistemic inferior, is defended.

One of the main contributions of Richard Bradley’s book is an elegant extension of Jeffrey’s Logic of Decision that countenances the evaluation of conditional prospects. This extension offers a promising new setting in which to model dynamic choice. In Bradley’s framework, plans can be understood as conditionals of an appropriate sort, while dynamic consistency can be viewed as providing a constraint on the evaluation of conditionals across time. In this paper, we study connections between planning conditionals and dynamic consistency.

This paper argues that morality is objective in a specific sense that accords with a broadly expressivist stance in metaethics. The paper also explains that although there is a kind of subjectivity in moral inquiry, the same holds for other kinds of normative inquiry, including epistemic and even scientific inquiry, and moreover that this kind of subjectivity is no threat to morality’s objectivity. The argument for the objectivity of morality draws strong parallels between ethics, epistemology, and science, but does not (...) depend on equally strong parallels between ethics and mathematics. I argue that there is more to learn from a comparison between ethics and mathematics than I used to think, but the difference between the issues that come up in thinking about objectivity in ethics and those that come up in thinking about objectivity in mathematics is substantial, and we cannot carry over results from the philosophy of mathematics to the case of morality. (shrink)

The grounds for critique offered by Roy Bhaskar have developed over the course of his work, but two claims have remained central: ethical naturalism and moral realism. I argue that neither of these is compatible with a scientific realist understanding of values: a scientific realist approach commits one to treating values as socially produced and historically contingent. This does not, however, prevent us from reasoning about values, nor from developing critiques by combining ethical reasoning with a theoretical understanding of the (...) social world and its possibilities. In particular, we can draw on a variety of Habermas's discourse ethics to offer provisional justifications for value-claims that support a critical stance. Thus we can develop grounds for critique that are both ontologically credible and anti-foundational, but also judgementally rational. (shrink)

Here I examine the major theories of ethical intuitions, focusing on the epistemic status of this class of intuitions. We cover self-evidence theory, seeming-state theory, and some of the recent contributions from experimental philosophy.

Non-descriptivists in metaethics should say more about intuitions. For one popular theory has it that case-based intuitions are in the business of correctly categorizing or classifying merely by bringing to bear a semantic or conceptual competence. If so, then the fact that all normative predicates have case-based intuitions involving them shows that they too are in the business of categorizing or classifying things. This favors a descriptivist position in metaethics—normative predicates have descriptive content—and disfavors a purely non-descriptivist position, like pure (...) expressivism. However, we can say more. We can distinguish two different sorts of intuitional state, A-grade intuitions and B-grade intuitions, based on a cluster of properties that are distinctive of each. While a hypothesis about categorization best explains the cluster of properties enjoyed by A-grade intuitions, it does not best explain the cluster of properties enjoyed by B-grade intuitions. Indeed, a non-categorizational, attitude-expressive hypothesis about the relevant meanings best explains B-grade intuitions. And intuitions involving thin normative predicates are B-grade. So intuition theory supports non-descriptivism, not descriptivism, about thin normative predicates. (shrink)

Are there such things as moral truths? How do we know what we should do? And does it matter? Constructivism states that moral truths are neither invented nor discovered, but rather are constructed by rational agents in order to solve practical problems. While constructivism has become the focus of many philosophical debates in normative ethics, meta-ethics and action theory, its importance is still to be fully appreciated. These new essays written by leading scholars define and assess this new approach in (...) ethics, addressing such questions as the nature of constructivism, how constructivism improves our understanding of moral obligations, how it accounts for the development of normative practices, whether moral truths change over time, and many other topics. The volume will be valuable for advanced students and scholars of ethics and all who are interested in questions about the foundation of morality. (shrink)

The present dissertation investigates certain facets of the logical structure of oughts – where “ought” is used as a noun, roughly meaning obligation. I do so by following two lines of inquiry. The first part of the thesis places oughts in the context of practical rationality. The second part of the thesis concerns the inference rules governing arguments about oughts, and specifically the inference rule of Reasoning by Cases. These two lines of inquiry, together, aim to expound upon oughts in (...) rationality and reasoning. The methodology used in this dissertation is the one of philosophical logic, in which logical, qualitative models are developed to support and foster conceptual analysis. The dissertation consists of four main chapters. The first two chapters are devoted to the role of oughts in practical rationality. I focus on the so-called Enkratic principle of rationality, which – in its most general formulation – requires that if an agent believes sincerely and with conviction that she ought to do X, then she intends to X. I develop a logical framework to investigate the (static and dynamic) relation between those oughts believed by the agent and her intentions. It is shown that, under certain minimal assumptions, the Enkratic principle of rationality is a principle of limited validity. The following two chapters of the dissertation constitute a study of the classical inference rule of Reasoning by Cases, which – in its simplest form – moves from the premises “A or B”, “if A then C” and “if B then C” to the conclusion “C”. Recent literature has called the validity of Reasoning by Cases into question, with the most influential counterexample being the so-called Miners’ Puzzle – an instance of Reasoning by Cases where “C” involves oughts. I provide a unifying explanation of why the Miners’ Puzzle emerges. It is shown that, within specific boundaries, Reasoning by Cases is a valid inference rule. (shrink)

Morality seems important, in the sense that there are practical reasons — at least for most of us, most of the time — to be moral. A central theoretical motivation for consequentialism is that it appears clear that there are practical reasons to promote good outcomes, but mysterious why we should care about non-consequentialist moral considerations or how they could be genuine reasons to act. In this paper we argue that this theoretical motivation is mistaken, and that because many arguments (...) for consequentialism rely upon it, the mistake substantially weakens the overall case for consequentialism. We argue that there is indeed a theoretical connection between good states and reasons to act, because good states are those it is fitting to desire and there is a conceptual connection between the fittingness of a motive and reasons to perform the acts it motivates. But while some of our motives are directed at states, others are directed at acts themselves. We contend that just as the fittingness of desires for states generates reasons to promote the good, the fittingness of these act-directed motives generates reasons to do other things. Moreover, we argue that an act’s moral status consists in the fittingness of act-directed feelings of obligation to perform or avoid performing it, so the connection between fitting motives and reasons to act explains reasons to be moral whether or not morality directs us to promote the good. This, we contend, de-mystifies how there could be non-consequentialist reasons that are both moral and practical. (shrink)