A powerful objection against moral conventionalism says that it gives the wrong reasons for individual rights and duties. The reason why I must not break my promise to you, for example, should lie in the damage to you—rather than to the practice of promising or to all other participants in that practice. Common targets of this objection include the theories of Hobbes, Gauthier, Hooker, Binmore, and Rawls. I argue that the conventionalism of these theories is superficial; genuinely conventionalist theories are (...) not vulnerable to the objection; and genuine moral conventionalism is independently plausible. (shrink)

My aim in this paper is to provide a conceptual elucidation of the notion of constitutive normativity, which is central to Constitutivism as a first-order theory of agency, as well as to its metanormative ambitions. After introducing and clarifying the origins and scope of Constitutivism (Section 2), I focus on Christine M. Korsgaard’s version thereof (Section 3), which provides an explicit articulation of the notion of constitutive norms. Despite Korsgaard’s explicit acknowledgement that the concepts of action and agency come in (...) degree, one problematic consequence of her account is the tension between the simultaneously descriptive and normative character of constitutive norms (their double nature), and another component of Korsgaard’s constitutivist account (her Authorship View). Cases of a specific variety of “disorders of agency” are used to show that while an agent’s individual actions might fail to display Korsgaard’s required pattern of consistency, self-reflection, and self-unification (and often, morality), her agency does not fade nor is disrupted (Section 4). After discussing those cases, I suggest that Korsgaard’s acknowledgement that the notions of action and agency come in degree and her relational notion of responsibility be strengthened via the adoption of a thorough interactionist and scalar approach. While for Korsgaard the constitutive norms governing agency amount to the norms governing practical reasoning and morality, I contend that the constitutive normativity pertaining to human agency is not ‘homogeneous’ in kind: there are more norms governing agency than just the norms for practical reasoning—and, in particular, that agency necessarily involves social norms distinct from any notion of practical reasoning. I draw on a theoretical framework on the metaphysics of normativity developed within the philosophy of biology to distinguish two varieties of constitutive normativity (socially-generated and non-practice-based) (Section 5), and provide a preliminary articulation of the socially-generated constitutive normativity inspired by the speech-act-theoretical account of the performative dimension of language (Section 6). (shrink)