There is a well-known argument against irreducibly normative properties that appeals to the following claim about supervenience: for all possible worlds W and W*, if the instantiation of descriptive properties in W and W* is exactly the same, then the instantiation of normative properties in W and W* is also exactly the same. This claim used to be uncontroversial, but recently several philosophers have challenged it. Do these challenges undermine this argument? I argue that they do not, since the negation (...) of this claim about supervenience has consequences that are much more implausible than the negations of key premises in these challenges. (shrink)

We can distinguish two kinds of moral universalization tests for practical principles. One requires that the universal practice of the principle, i.e., universal conformity to it by all agents in a given world, satisfies some condition. The other requires that conformity to the principle by any possible agent, in any situation and at any time, satisfies some condition. We can call these universal practice and universal applicability tests respectively. The logical distinction between these tests is rarely appreciated, and many philosophers (...) systematically confuse them with each other. In practice, UP tests are more frequently used to defend deontological norms, while UA tests are used to defend consequentialist norms. Both conceptual argument and practical examples of their applications will show that UA tests are decisively superior to UP tests for grounding moral norms, casting greater doubt upon deontological theories which rely upon the latter unless they can reformulate their arguments using some version of a UA test. (shrink)

Hume’s Law that one cannot derive an “ought” from an “is” has often been deemed to bear a significance that extends far beyond logic. Repeatedly, it has been invoked as posing a serious threat to views about normativity: naturalism in metaethics and positivism in jurisprudence. Yet in recent years, a puzzling asymmetry has emerged: while the view that Hume’s Law threatens naturalism has largely been abandoned (due mostly to Pigden’s work, see e.g. Pigden 1989), the thought that Hume’s Law is (...) a serious challenge to positivism has only grown in prominence. Our main aim is to establish that Hume’s Law is not a threat to positivism or naturalism. First, we connect extensive, but unfortunately siloed, discussions of this issue. Second, we show that Hume’s Law is not a serious threat to naturalism or positivism, for the gap between logic and such theses is very hard to bridge in a way that would make Hume’s Law able to bear this significance. Finally, we emphasize an implication of our discussion: it undermines one of the main “dialectical tributaries” in jurisprudence (Toh 2018). (shrink)

Are values objective or subjective? To clarify this question we start with an overview of the main concepts and debates in the philosophy of values. We then discuss the arguments for and against value realism, the thesis that there are objective evaluative facts. By contrast with value anti-realism, which is generally associated with sentimentalism, according to which evaluative judgements are grounded in sentiments, value realism is commonly coupled with rationalism. Against this common view, we argue that value realism can be (...) combined with sentimentalism, and we suggest that a plausible account, which we call ‘sentimental realism’, and according to which evaluative judgements are closely related to emotions, can be developped. (shrink)