This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...) Though the semantics is descriptivist, it avoids Dworkin’s influential criticism of so-called “semantic theories of law,” and elucidates the nature of “theoretical disagreements” about the criteria of legal validity. The account sheds light on the social, interpersonal function of normative uses of language in legal discourse. It also gives precise expression to Hart’s and Raz’s intuitive distinctions among types of legal claims (internal/external, committed/detached), while giving them a uniform type of analysis. The proposed semantics and pragmatics of legal claims provides a fruitful framework for further theorizing about the nature and metaphysics of law, the relation between law and morality, and the apparent practical character of legal language and judgment. Discourse Contextualism provides a solid linguistic basis for a broader account of legal discourse and practice. (shrink)

This paper develops an interpretation of Nietzsche’s ethics and metaethics that reconciles his apparent antirealism with his engagement in normative discourse. Interpreting Nietzsche as a metaethical constructivist—as holding, to a first approximation, that evaluative facts are grounded purely in facts about the evaluative attitudes of the creatures to whom they apply—reconciles his vehement declarations that nothing is valuable in itself with his passionate expressions of a particular evaluative perspective and injunctions for the free spirits to create new values. Drawing on (...) Nietzsche’s broader epistemological and psychological views, I develop a distinctive, and genuinely Nietzschean, version of constructivism. On this account, evaluative properties are grounded in affective valuations of the new philosophers. The proposed interpretation synthesizes a variety of disparate features of Nietzsche’s writings and improves on existing interpretations in the literature. The resulting version of constr.. (shrink)

Metaethical noncognitivists have trouble arriving at a respectable semantic theory for moral language. The goal of this article is to make substantial progress toward demonstrating that these problems may be overcome. Replacing the predominant expressivist semantic agenda in metaethics with a dynamic perspective on meaning and communication allows noncognitivists to provide a satisfying analysis of negation and other constructions that have been argued to be problematic for metaethical noncognitivism, including disjunctions. The resulting proposal preserves some of the key insights from (...) recent work on the semantics of expressivism while highlighting the widely neglected early noncognitivists' sympathies to the kind of dynamic story I intend to tell here. A comparison between the advertised dynamic semantic story and current proposals that treat expressivism as a pragmatic rather than semantic theory about moral language is provided. (shrink)

In this paper, we present a new semantic challenge to the moral error theory. Its first component calls upon moral error theorists to deliver a deontic semantics that is consistent with the error-theoretic denial of moral truths by returning the truth-value false to all moral deontic sentences. We call this the ‘consistency challenge’ to the moral error theory. Its second component demands that error theorists explain in which way moral deontic assertions can be seen to differ in meaning despite necessarily (...) sharing the same intension. We call this the ‘triviality challenge’ to the moral error theory. Error theorists can either meet the consistency challenge or the triviality challenge, we argue, but are hard pressed to meet both. (shrink)

This paper outlines a new metasemantic theory of moral reason statements, focused on explaining how the reasons thus stated can be inescapable. The motivation for the theory is in part that it can explain this and other phenomena concerning moral reasons. The account also suggests a general recipe for explanations of conceptual features of moral reason statements. (Published with Open Access.).

This paper develops a contextualist account of certain recalcitrant embedding phenomena with epistemic modals. I focus on three prominent objections to contextualism from embedding: first, that contextualism mischaracterizes subjects’ states of mind; second, that contextualism fails to predict how epistemic modals are obligatorily linked to the subject in attitude ascriptions; and third, that contextualism fails to explain the persisting anomalousness of so-called “epistemic contradictions” in suppositional contexts. Contextualists have inadequately appreciated the force of these objections. Drawing on a more general (...) framework for implementing a contextualist theory, I argue that we can derive the distinctive embedding behavior of epistemic modals from a particular contextualist interpretation of a standard semantics for modals, general mechanisms of local interpretation, and typical features of discourse contexts. Examining embedding phenomena with epistemic modals raises difficult broader issues about conventionalization and pragmatic reasoning, the varieties of context-sensitive language, and the roles of context in interpretation. The paper concludes by briefly examining how the proposed contextualist account compares with certain relativist/expressivist accounts. (shrink)

Expressivism promises an illuminating account of the nature of normative judgment. But worries about the details of expressivist semantics have led many to doubt whether expressivism's putative advantages can be secured. Drawing on insights from linguistic semantics and decision theory, I develop a novel framework for implementing an expressivist semantics that I call ordering expressivism. I argue that by systematically interpreting the orderings that figure in analyses of normative terms in terms of the basic practical attitude of conditional weak preference, (...) the expressivist can explain the semantic properties of normative sentences in terms of the logical properties of that attitude. Expressivism's problems with capturing the logical relations among normative sentences can be reduced to the familiar, more tractable problem of explaining certain coherence constraints on preferences. Particular attention is given to the interpretation of wide-scope negation. The proposed solution is also extended to other types of embedded contexts—most notably, disjunctions. (shrink)

Kolodny and MacFarlane have made a pioneering contribution to our understanding of how the interpretation of deontic modals can be sensitive to evidence and information. But integrating the discussion of information-sensitivity into the standard Kratzerian framework for modals suggests ways of capturing the relevant data without treating deontic modals as “informational modals” in their sense. I show that though one such way of capturing the data within the standard semantics fails, an alternative does not. Nevertheless I argue that we have (...) good reasons to adopt an information-sensitive semantics of the general type Kolodny and MacFarlane describe. Contrary to the standard semantics, relative deontic value between possibilities sometimes depends on which possibilities are live. I develop an ordering semantics for deontic modals that captures this point and addresses various complications introduced by integrating the discussion of information-sensitivity into the standard semantic framework. By attending to these complexities, we can also illuminate various roles that information and evidence play in logical arguments, discourse, and deliberation. (shrink)

This paper examines distinctive discourse properties of preposed negative 'yes/no' questions (NPQs), such as 'Isn’t Jane coming too?'. Unlike with other 'yes/no' questions, using an NPQ '∼p?' invariably conveys a bias toward a particular answer, where the polarity of the bias is opposite of the polarity of the question: using the negative question '∼p?' invariably expresses that the speaker previously expected the positive answer p to be correct. A prominent approach—what I call the context-management approach, developed most extensively by Romero (...) and Han (2004)—attempts to capture speaker expectation biases by treating NPQs fundamentally as epistemic questions about the proper discourse status of a proposition. I raise challenges for existing context-managing accounts to provide more adequate formalizations of the posited context-managing content, its implementation in the compositional semantics and discourse dynamics, and its role in generating the observed biases. New data regarding discourse differences between NPQs and associated epistemic modal questions are introduced. I argue that we can capture the roles of NPQs in expressing speakers’ states of mind and managing the discourse common ground without positing special context-managing operators or treating NPQs as questions directly about the context. I suggest that we treat the operator introduced with preposed negation as having an ordinary semantics of epistemic necessity, though lexically associated with a general kind of endorsing use observed with modal expressions. The expressive and context-managing roles of NPQs are explained in terms of a general kind of discourse-oriented use of context-sensitive language. The distinctive expectation biases and discourse properties observed with NPQs are derived from the proposed semantics and a general principle of Discourse Relevance. (shrink)

Contextualists and relativists about predicates of personal taste, epistemic modals, and so on (“CR-expressions”) agree that the interpretation of these expressions depends, in some sense, on context. Relativists claim that the sort of context-sensitivity exhibited by CR-expressions is importantly different from that exhibited by paradigm context-sensitive expressions. This bifurcation is often motivated by the claim that the two classes of expressions behave differently in patterns of agreement and disagreement. I provide cases illustrating that the same sorts of discourse phenomena that (...) have been thought problematic for contextualists can arise with paradigm context-sensitive expressions. These cases motivate a more unified treatment of paradigm context-sensitive expressions and the expressions that have figured in recent contextualism/relativism debates. (shrink)

Expressivists have a problem with collectives. I initially illustrate the problem against the background of Allan Gibbard’s expressivist theory, where it is especially stark. I then argue that the problem generalizes. Gibbard’s account entails that judgments about what collective agents ought to do are contingency plans for what to do if one is in the circumstances facing the relevant collective agent. So, for example, my judgment that the United States ought not to have invaded Iraq is a contingency plan for (...) what to do if I find myself in the circumstances facing the United States on the eve of the Iraq war. I argue that, given plausible functionalist assumptions in the philosophy of mind expressivists would struggle to reject, such contingency plans are impossible for individual agents. Since normative judgments about collectives are possible, Gibbard’s theory is unacceptable. Having demonstrated the basic problem for Gibbard’s view, I then argue that the problem has a much wider scope. In particular, I argue that traditional forms of expressivism cannot simultaneously provide a plausible account of both agent-relative normative judgments and judgments about what collectives ought to do. Fortunately, all is not lost; hybrid or ‘ecumenical’ forms of expressivism can disarm the dilemma, or so I argue. I conclude by briefly sketching some further challenges ecumenical expressivism must overcome for its treatment of judgments about collectives to be fully satisfactory and indicate possible lines of argument to be pursued in future work on these challenges. (shrink)

This paper develops and defends the view that substantively normative uses of words like “good”, “right” and “ought” are irresolvably indeterminate: any single case of application is like a borderline case for a vague or indeterminate term, in that the meaning-fixing facts, together with the non-linguistic facts, fail to determine a truth-value for the target sentence in context. Normative claims, like vague or indeterminate borderline claims, are not meaningless, though. By making them, the speaker communicates information about the precisifications that (...) s/he accepts. The analogy with vague/indeterminate language, I argue, lays out a new and interesting foundation for a subjectivist approach to normativity. (shrink)

© The Author 2017. Published by Oxford University Press on behalf of The Analysis Trust. All rights reserved. For Permissions, please email: [email protected] wonderful collection of most of van Inwagen’s recent essays on topics in fundamental ontology is certainly to be welcomed.1 Many of the essays are focused on articulating and arguing for van Inwagen’s preferred meta-ontology, which he calls neo-Quineanism. In addition to these essays, Existence also contains essays on the eliminability of variables, the status of fictional entities, the (...) nature of ontological categories, the nature of properties, mereology and change over time, the comparative merits of constituent and relational ontologies, a probing discussion of metaphysical issues in the philosophy of mind, as well as an interview with van Inwagen that describes his intellectual development and his assessment of his philosophical contributions. Each essay is written in van Inwagen’s characteristically charming and impeccable style. I... (shrink)

© The Author 2017. Published by Oxford University Press on behalf of The Analysis Trust. All rights reserved. For Permissions, please email: [email protected] volume collects nine of Mark Schroeder’s essays on expressivism, two of which are previously unpublished, along with a substantial introduction that helpfully ties them all together.1 The essays work very nicely as a collection. They are mutually illuminating, and together they make a ‘cumulative case’ for a particular conclusion – namely, that expressivist theories are best understood in (...) terms of their ‘surprising and novel views’ about the nature of propositions and propositional attitudes. As Schroeder sees things, the most promising way for expressivists to develop their view is for them to ‘get over’ their hesitation about propositions and to embrace an expressivist-friendly account of what propositions are. This requires going beyond the ‘merely deflationary talk about propositions’ that is typically endorsed... (shrink)

When speakers utter conflicting moral sentences, it seems clear that they disagree. It has often been suggested that the fact that the speakers disagree gives us evidence for a claim about the semantics of the sentences they are uttering. Specifically, it has been suggested that the existence of the disagreement gives us reason to infer that there must be an incompatibility between the contents of these sentences. This inference then plays a key role in a now-standard argument against certain theories (...) in moral semantics. In this paper, we introduce new evidence that bears on this debate. We show that there are moral conflict cases in which people are inclined to say both that the two speakers disagree and that it is not the case at least one of them must be saying something incorrect. We then explore how we might understand such disagreements. As a proof of concept, we sketch an account of the concept of disagreement and an independently motivated theory of moral semantics which, together, explain the possibility of such cases. (shrink)

It has recently been suggested that meta-normative expressivism is best seen as a meta-semantic, rather than a semantic view. One strong motivation for this is that expressivism becomes, thereby, compatible with truth-conditional semantics. While this approach is promising, however, many of its details are still unexplored. One issue that still needs to be explored in particular, is what accounts of propositional contents are open to meta-semantic expressivists. This paper makes progress on this issue by developing an expressivist-friendly deflationary account of (...) such contents. (shrink)

ABSTRACT It has been frequently observed in the literature that assertions of plain sentences containing predicates like fun and frightening give rise to an acquaintance inference: they imply that the speaker has first-hand knowledge of the item under consideration. The goal of this paper is to develop and defend a broadly expressivist explanation of this phenomenon: acquaintance inferences arise because plain sentences containing subjective predicates are designed to express distinguished kinds of attitudes that differ from beliefs in that they can (...) only be acquired by undergoing certain experiences. Its guiding hypothesis is that natural language predicate expressions lexically specify what it takes for their use to be properly ‘grounded’ in a speaker's state of mind: what state of mind a speaker must be in for a predication to be in accordance with the norms governing assertion. The resulting framework accounts for a range of data surrounding the acquaintance inference as well as for striking parallels between the evidential requirements on subjective predicate uses and the kind of considerations that fuel motivational internalism about the language of morals. A discussion of how the story can be implemented compositionally and of how it compares with other proposals currently on the market is provided. (shrink)

It is often claimed that there is an explanatory divide between an expressivist account of normative discourse and a realist conception of normativity: more precisely, that expressivism and realism offer conflicting explanations of (i) the metaphysical structure of the normative realm, (ii) the connection between normative judgment and motivation, (iii) our normative beliefs and any convergence thereof, or (iv) the content of normative thoughts and claims. In this paper I argue that there need be no such explanatory conflict. Given a (...) minimalist approach to the relevant metaphysical and semantic notions, expressivism is compatible with any explanation that would be acceptable as a general criterion for realism. (shrink)

This opinionated survey article discusses a relativist view in metaethics that we can call Appraiser-standard Relativism. According to this view, the truth value of moral judgments varies depending on the moral standard of the appraiser – that is, someone who makes or assesses the judgments. On this view, when two persons judge that, say, lying is always morally wrong; one of the judgments might be true and the other false. The paper presents various forms of this view, contrasts it against (...) other forms of moral relativism, and shortly describes the main arguments for it. It considers the two most pressing objections – from disagreement and from counterintuitivity – and discusses how different forms of Appraiser-standard Relativism are affected by, or can be seen as responses to, these objections. Lastly, it discusses whether Appraiser-standard Relativism rules out moral realism, the view that there are objective moral truths. (shrink)

This paper considers two competing pictures of knowledge of what one ought to do—one which assimilates this to other propositional knowledge conceived as partial ‘locational’ knowledge of where one is in a space of possibilities, the other which distinguishes this from other propositional knowledge by construing it as partial ‘directional’ knowledge of what to do in particular circumstances. I argue that the apparent tension can be lessened by better understanding the contextualized modal-cum-prescriptive nature of ‘ought’ and enriching our conception of (...) the kinds of possibilities within which we can locate ourselves. (shrink)

I resolve the major challenge to an Expressivist theory of the meaning of normative discourse: the Frege–Geach Problem. Drawing on considerations from the semantics of directive language (e.g., imperatives), I argue that, although certain forms of Expressivism (like Gibbard’s) do run into at least one version of the Problem, it is reasonably clear that there is a version of Expressivism that does not.

This paper explores the idea that a semantics for ‘ought’ should be neutral between different ways of deciding what an agent ought to do in a situation. While the idea is, I argue, well-motivated, taking it seriously leads to surprising, even paradoxical, problems for theorizing about the meaning of ‘ought’. This paper describes and defends one strategy—a form of Expressivism for the modal ‘ought’—for navigating these problems.

Metaethical expressivism is typically characterised as the view that normative statements express desire-like attitudes instead of beliefs. However, in this paper I argue that expressivists should claim that normative statements express beliefs in normative propositions, and not merely in some deflationary sense but in a theoretically robust sense explicated by a theory of propositional attitudes. I first argue that this can be achieved by combining an interpretationist understanding of belief with a nonfactualist view of normative belief content. This results in (...) a view I call ‘interpretative expressivism’. I then argue that traditional arguments employed by expressivists that normative statements express noncognitive attitudes can just as well support the claim that normative statements express nonfactual or nonrepresentational beliefs. Finally, I argue that this view has a number of advantages to versions of expressivism that deny that normative statements express non-deflationary normative beliefs. (shrink)

Aesthetic statements of the form ‘X is beautiful’ are evaluative; they indicate the speaker’s positive affective attitude regarding X. Why is this so? Is the evaluative content part of the truth conditions, or is it a pragmatic phenomenon (i.e. presupposition, implicature)? First, I argue that semantic approaches as well as these pragmatic ones cannot satisfactorily explain the evaluativity of aesthetic statements. Second, I offer a positive proposal based on a speech-act theoretical version of hybrid expressivism, which states that, with the (...) literal utterance of ‘X is beautiful’, we perform two illocutionary acts simultaneously, an assertive and an expressive one. I will specify this theory in detail and argue that it can satisfactorily account for the evaluative content of aesthetic statements. I will also discuss the advantages of the theory over other variants of expressivism in meta-aesthetics. (shrink)

Non-cognitivism is a variety of irrealism about ethics with a number of influential variants. Non-cognitivists agree with error theorists that there are no moral properties or moral facts. But rather than thinking that this makes moral statements false, noncognitivists claim that moral statements are not in the business of predicating properties or making statements which could be true or false in any substantial sense. Roughly put, noncognitivists think that moral statements have no truth conditions. Furthermore, according to non-cognitivists, when people (...) utter moral sentences they are not typically expressing states of mind which are beliefs or which are cognitive in the way that beliefs are. Rather they are expressing non-cognitive attitudes more similar to desires, approval or disapproval. Cognitivism is the denial of non-cognitivism. Thus it holds that moral statements do express beliefs and that they are apt for truth and falsity. But cognitivism need not be a species of realism since a cognitivist can be an error theorist and think all moral statements false. Still, moral realists are cognitivists insofar as they think moral statements are apt for truth and falsity and that many of them are in fact true. (shrink)

How can we distinguish between quasi-realist expressivism and normative realism? The most promising answer to this question is the “explanation” explanation proposed by Dreier (2004), Simpson (2018), and others: the two views might agree in their claims about truth and objectivity, or even in their attributions of semantic content to normative sentences, but they disagree about how to explain normative meaning. Realists explain meaning by invoking normative facts and properties, or representational relations between normative language and the world, the thought (...) goes, while expressivists appeal instead to desire-like mental states in their explanations of meaning. However, I argue that, if we adopt a deflationary approach to representation and other related notions, there need be no such explanatory divide between expressivism and anything recognizable as a plausible notion of normative realism. Any alleged explanatory criterion for realism will either be incompatible with deflationism, or it will fail to capture some standard versions of normative realism. I conclude that, in a deflationary framework, expressivism is compatible with genuine realism. (shrink)

Advocates of Expressivism about basically any kind of language are best-served by abandoning a traditional content-centric approach to semantic theorizing, in favor of an update-centric or dynamic approach (or so this paper argues). The type of dynamic approach developed here — in contrast to the content-centric approach — is argued to yield canonical, if not strictly classical, "explanations" of the core semantic properties of the connectives. (The cases on which I focus most here are negation and disjunction.) I end the (...) paper by describing a distinctive sense in which mental states might play a fundamental role in the practice of semantic theorizing (as I understand it), and I connect this to a distinctive account of the pragmatic function of, e.g., a normatively laden claim in discourse. (shrink)