Switch to: Citations

References in:

Hybrid Dispositionalism and the Law

In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press (2019)

Add references

You must login to add references.
  1. Folk Moral Relativism.Hagop Sarkissian, John Park, David Tien, Jennifer Cole Wright & Joshua Knobe - 2011 - Mind and Language 26 (4):482-505.
    It has often been suggested that people's ordinary understanding of morality involves a belief in objective moral truths and a rejection of moral relativism. The results of six studies call this claim into question. Participants did offer apparently objectivist moral intuitions when considering individuals from their own culture, but they offered increasingly relativist intuitions considering individuals from increasingly different cultures or ways of life. The authors hypothesize that people do not have a fixed commitment to moral objectivism but instead tend (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   133 citations  
  • A Dual Aspect Account of Moral Language.Caj Strandberg - 2011 - Philosophy and Phenomenological Research 84 (1):87-122.
    It is often observed in metaethics that moral language displays a certain duality in as much as it seems to concern both objective facts in the world and subjective attitudes that move to action. In this paper, I defend The Dual Aspect Account which is intended to capture this duality: A person’s utterance of a sentence according to which φing has a moral characteristic, such as “φing is wrong,” conveys two things: The sentence expresses, in virtue of its conventional meaning, (...)
    Direct download (7 more)  
     
    Export citation  
     
    Bookmark   32 citations  
  • Disputing about Taste.Andy Egan - 2010 - In Richard Feldman & Ted A. Warfield (eds.), Disagreement. Oxford, GB: Oxford University Press. pp. 247-286.
    “There’s no disputing about taste.” That’s got a nice ring to it, but it’s not quite the ring of truth. While there’s definitely something right about the aphorism – there’s a reason why it is, after all, an aphorism, and why its utterance tends to produce so much nodding of heads and muttering of “just so” and “yes, quite” – it’s surprisingly difficult to put one’s finger on just what the truth in the neighborhood is, exactly. One thing that’s pretty (...)
    Direct download  
     
    Export citation  
     
    Bookmark   103 citations  
  • Assessment Sensitivity: Relative Truth and its Applications.John MacFarlane - 2014 - Oxford: Oxford University Press.
    John MacFarlane explores how we might make sense of the idea that truth is relative. He provides new, satisfying accounts of parts of our thought and talk that have resisted traditional methods of analysis, including what we mean when we talk about what is tasty, what we know, what will happen, what might be the case, and what we ought to do.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   428 citations  
  • Legal judgments as plural acceptance of norms.Kevin Toh - 2011 - In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. New York: Oxford University Press.
     
    Export citation  
     
    Bookmark   14 citations  
  • The Semantics and Pragmatics of 'According to the Law'.Jose Juan Moreso & Samuele Chilovi - 2016 - In Alessandro Capone & Francesca Poggi (eds.), Pragmatics and Law: Philosophical Perspectives. Cham: Springer. pp. 61-88.
  • Normativity in Language and Law.Alex Silk - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
    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. (...)
    Direct download  
     
    Export citation  
     
    Bookmark   5 citations  
  • De re and De se.François Recanati - 2009 - Dialectica 63 (3):249-269.
    For Perry and many authors, de se thoughts are a species of de re thought. In this paper, I argue that de se thoughts come in two varieties: explicit and implicit. While explicit de se thoughts can be construed as a variety of de re thought, implicit de se thoughts cannot: their content is thetic, while the content of de re thoughts is categoric. The notion of an implicit de se thought is claimed to play a central role in accounting (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   27 citations  
  • De re and De se.François Recanati - 2009 - Dialectica 63 (3):249-269.
    For Perry and many authors, de se thoughts are a species of de re thought ; for Lewis, it is the other way round. To a large extent, the conflict between the two positions is merely apparent: it is due to insufficient appreciation of the crucial distinction between two types of de se thought. In view of this distinction, we can maintain both that de se thought is a special case of de re thought, and that de re thought is (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   28 citations  
  • Facts and values: studies in ethical analysis.Charles L. Stevenson - 1975 - Westport, Conn.: Greenwood Press.
  • Justice for Hedgehogs.Jeremy Waldron - 2014 - Philosophical Review 123 (4):544-549.
  • Facts and Values.Gerald E. Myers - 1965 - Philosophy and Phenomenological Research 26 (2):280-281.
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   28 citations  
  • Exploring the Implications of the Dispositional Theory of Value.Michael Smith - 2002 - Philosophical Issues 12 (1):329-347.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   12 citations  
  • Dispositional Theories of Value.Michael Smith, David Lewis & Mark Johnston - 1989 - Aristotelian Society Supplementary Volume 63 (1):89-174.
  • Law, plans and practical reason.Scott J. Shapiro - 2002 - Legal Theory 8 (4):387-441.
    Lays out basics of planning theory of law. Roughly, characterizes the internal point of view as a complex planning intention rather than a response to a recurring coordination problem. We are not responding to such a problem per se, but rather to a cooperation problem - and thus the structure of the attitude or intention must be different. It is officials who have the relevant attitude. Does not reject conventionalism, but argues that the convention is of a different sort than (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   20 citations  
  • How Expressivists Can and Should Solve Their Problem with Negation.Mark Schroeder - 2008 - Noûs 42 (4):573-599.
    Expressivists have a problem with negation. The problem is that they have not, to date, been able to explain why ‘murdering is wrong’ and ‘murdering is not wrong’ are inconsistent sentences. In this paper, I explain the nature of the problem, and why the best efforts of Gibbard, Dreier, and Horgan and Timmons don’t solve it. Then I show how to diagnose where the problem comes from, and consequently how it is possible for expressivists to solve it. Expressivists should accept (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   62 citations  
  • Faultless Disagreement and Aesthetic Realism.Karl Schafer - 2010 - Philosophy and Phenomenological Research 82 (2):265-286.
    It has recently been argued that certain areas of discourse, such as discourse about matters of taste, involve a phenomenon of ‘‘ faultless disagreement ’’ that rules out giving a standard realist or contextualist semantics for them. Thus, it is argued, we are left with no choice but to consider more adventurous semantic alternatives for these areas, such as a semantic account that involves relativizing truth to perspectives or contexts of assessment. I argue that the sort of faultless disagreement present (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   51 citations  
  • Resisting Reality: Social Construction and Social Critique.Michael Root - 2013 - Analysis 73 (3):563-568.
  • Practical Reason and Norms.C. H. Whiteley - 1976 - Philosophical Quarterly 26 (104):287-288.
  • Practical reason and norms.Joseph Raz - 1975 - London: Hutchinson.
    Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   308 citations  
  • Review of The Logic of Conventional Implicatures by Chris Potts. [REVIEW]Chris Potts - 2004 - Linguistics and Philosophy 30 (6):707-749.
    We review Potts’ influential book on the semantics of conventional implicature (CI), offering an explication of his technical apparatus and drawing out the proposal’s implications, focusing on the class of CIs he calls supplements. While we applaud many facets of this work, we argue that careful considerations of the pragmatics of CIs will be required in order to yield an empirically and explanatorily adequate account.
    Direct download  
     
    Export citation  
     
    Bookmark   214 citations  
  • Into the conventional-implicature dimension.Christopher Potts - 2007 - Philosophy Compass 2 (4):665–679.
    Grice coined the term ‘conventional implicature’ in a short passage in ‘Logic and conversation’. The description is intuitive and deeply intriguing. The range of phenomena that have since been assigned this label is large and diverse. I survey the central factual motivation, arguing that it is loosely uni- fied by the idea that conventional implicatures contribute a separate dimen- sion of meaning. I provide tests for distinguishing conventional implicatures from other kinds of meaning, and I briefly explore ways in which (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   33 citations  
  • Invariances: the structure of the objective world.Robert Nozick - 2001 - Cambridge, Mass.: Belknap Press of Harvard University Press.
    Excerpts from Robert Nozick's "Invariances" Necessary truths are invariant across all possible worlds, contingent ones across only some.
  • Legal Positivism and Legal Disagreements.Joséjuan Moreso - 2009 - Ratio Juris 22 (1):62-73.
    This paper deals with the possibility of faultless disagreement in law. It does this by looking to other spheres in which faultless disagreement appears to be possible, mainly in matters of taste and ethics. Three possible accounts are explored: the realist account, the relativist account, and the expressivist account. The paper tries to show that in the case of legal disagreements, there is a place for an approach that can take into account our intuitions in the sense that legal disagreements (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  • Legal positivism and legal disagreements.José Juan Moreso - 2009 - Ratio Juris 22 (1):62-73.
    This paper deals with the possibility of faultless disagreement in law. It does this by looking to other spheres in which faultless disagreement appears to be possible, mainly in matters of taste and ethics. Three possible accounts are explored: the realist account, the relativist account, and the expressivist account. The paper tries to show that in the case of legal disagreements, there is a place for an approach that can take into account our intuitions in the sense that legal disagreements (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   6 citations  
  • Faultless Disagreement.Max Kolbel - 2004 - Proceedings of the Aristotelian Society 104 (1):53-73.
    There seem to be topics on which people can disagree without fault. For example, you and I might disagree on whether Picasso was a better artist than Matisse, without either of us being at fault. Is this a genuine possibility or just apparent? In this paper I pursue two aims: I want to provide a systematic map of available responses to this question. Simultaneously, I want to assess these responses. I start by introducing and defining the notion of a faultless (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   273 citations  
  • Social Conventions: From Language to Law: From Language to Law.Andrei Marmor - 2009 - Princeton University Press.
    Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David Lewis. (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   80 citations  
  • Index.Andrei Marmor - 2009 - In Social Conventions: From Language to Law. Princeton University Press. pp. 183-186.
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark   16 citations  
  • Disagreeing in Context.Teresa Marques - 2015 - Frontiers in Psychology 6:1-12.
    This paper argues for contextualism about predicates of personal taste and evaluative predicates in general, and offers a proposal of how apparently resilient disagreements are to be explained. The present proposal is complementary to others that have been made in the recent literature. Several authors, for instance (López de Sa, 2008; Sundell, 2011; Huvenes, 2012; Marques and García-Carpintero, 2014; Marques, 2014a), have recently defended semantic contextualism for those kinds of predicates from the accusation that it faces the problem of lost (...)
    Direct download (7 more)  
     
    Export citation  
     
    Bookmark   29 citations  
  • Aesthetic Adjectives Lack Uniform Behavior.Shen-yi Liao, Louise McNally & Aaron Meskin - 2016 - Inquiry: An Interdisciplinary Journal of Philosophy 59 (6):618-631.
    The goal of this short paper is to show that esthetic adjectives—exemplified by “beautiful” and “elegant”—do not pattern stably on a range of linguistic diagnostics that have been used to taxonomize the gradability properties of adjectives. We argue that a plausible explanation for this puzzling data involves distinguishing two properties of gradable adjectives that have been frequently conflated: whether an adjective’s applicability is sensitive to a comparison class, and whether an adjective’s applicability is context-dependent.
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   21 citations  
  • The Judicial Community.Christopher Kutz - 2001 - Philosophical Issues 11 (1):442-469.
  • Ifs and Oughts.Niko Kolodny & John MacFarlane - 2010 - Journal of Philosophy 107 (3):115-143.
    We consider a paradox involving indicative conditionals (‘ifs’) and deontic modals (‘oughts’). After considering and rejecting several standard options for resolv- ing the paradox—including rejecting various premises, positing an ambiguity or hidden contextual sensitivity, and positing a non-obvious logical form—we offer a semantics for deontic modals and indicative conditionals that resolves the paradox by making modus ponens invalid. We argue that this is a result to be welcomed on independent grounds, and we show that rejecting the general validity of modus (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   245 citations  
  • Indexical Relativism versus genuine relativism.Max Kölbel - 2004 - International Journal of Philosophical Studies 12 (3):297 – 313.
    The main purpose of this paper is to characterize and compare two forms any relativist thesis can take: indexical relativism and genuine relativism. Indexical relativists claim that the implicit indexicality of certain sentences is the only source of relativity. Genuine relativists, by contrast, claim that there is relativity not just at the level of sentences, but also at propositional level. After characterizing each of the two forms and discussing their difficulties, I argue that the difference between the two is significant.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   92 citations  
  • Moral Disagreement and Moral Semantics.Justin Khoo & Joshua Knobe - 2016 - Noûs:109-143.
    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 (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   68 citations  
  • New directions in legal expressivism.Matthew X. Etchemendy - 2016 - Legal Theory 22 (1):1-21.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  • Review of Ronald Dworkin: Taking rights seriously[REVIEW]Thomas D. Perry - 1977 - Ethics 88 (1):80-86.
    Direct download  
     
    Export citation  
     
    Bookmark   274 citations  
  • Internalism and speaker relativism.James Dreier - 1990 - Ethics 101 (1):6-26.
    In this article I set out a reason for believing in a form of metaethical relativism. In rough terms, the reason is this: a widely held thesis, internalism, tells us that to accept (sincerely assert, believe, etc.) a moral judgment logically requires having a motivating reason. Since the connection is logical, or conceptual, it must be explained by a theory of what it is to accept a moral claim. I argue that the internalist feature of moral expressions can best be (...)
    Direct download (7 more)  
     
    Export citation  
     
    Bookmark   188 citations  
  • The Judicial Community.Christopher Kutz - 2001 - Noûs 35 (s1):442 - 469.
  • Moral Contextualism and Moral Relativism.Berit Brogaard - 2008 - Philosophical Quarterly 58 (232):385 - 409.
    Moral relativism provides a compelling explanation of linguistic data involving ordinary moral expressions like 'right' and 'wrong'. But it is a very radical view. Because relativism relativizes sentence truth to contexts of assessment it forces us to revise standard linguistic theory. If, however, no competing theory explains all of the evidence, perhaps it is time for a paradigm shift. However, I argue that a version of moral contextualism can account for the same data as relativism without relativizing sentence truth to (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   73 citations  
  • The Logic of Conventional Implicatures.Christopher Potts - 2005 - Oxford University Press UK.
    This book revives the study of conventional implicatures in natural language semantics. H. Paul Grice first defined the concept. Since then his definition has seen much use and many redefinitions, but it has never enjoyed a stable place in linguistic theory. Christopher Potts returns to the original and uses it as a key into two presently under-studied areas of natural language: supplements and expressives. The account of both depends on a theory in which sentence meanings can be multidimensional. The theory (...)
    Direct download  
     
    Export citation  
     
    Bookmark   209 citations  
  • Confusion of Tongues: A Theory of Normative Language.Stephen Finlay - 2014 - New York, US: Oup Usa.
    Can normative words like "good," "ought," and "reason" be defined in non-normative terms? Stephen Finlay argues that they can, advancing a new theory of the meaning of this language and providing pragmatic explanations of the specially problematic features of its moral and deliberative uses which comprise the puzzles of metaethics.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   135 citations  
  • Non-catastrophic presupposition failure.Stephen Yablo - 2006 - In Judith Thomson & Alex Byrne (eds.), Content and Modality: Themes From the Philosophy of Robert Stalnaker. Oxford University Press.
  • Faces of Intention: Selected Essays on Intention and Agency.Michael Bratman - 1999 - New York: Cambridge University Press.
    This collection of essays by one of the most prominent and internationally respected philosophers of action theory is concerned with deepening our understanding of the notion of intention. In Bratman's view, when we settle on a plan for action we are committing ourselves to future conduct in ways that help support important forms of coordination and organization both within the life of the agent and interpersonally. These essays enrich that account of commitment involved in intending, and explore its implications for (...)
    Direct download  
     
    Export citation  
     
    Bookmark   271 citations  
  • Quasi-Expressivism about Statements of Law: A Hartian Theory.Stephen Finlay & David Plunkett - 2018 - In John Gardner, Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law, vol. 3. Oxford University Press. pp. 49-86.
    Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   6 citations  
  • Perspective in taste predicates and epistemic modals.Johnathan Schaffer - 2009 - In Andy Egan & Brian Weatherson (eds.), Epistemic Modality. Oxford University Press.
    Imagine that Ann, asked to name her favorite treat, answers: 1. Licorice is tasty Imagine that Ben, having hidden some licorice in the cupboard, whispers to Ann: 2. There might be licorice in the cupboard. What if any role is played by perspective—whom the licorice is tasty to, whose evidence allows for licorice in the cupboard—in the semantics of such sentences?
    Direct download  
     
    Export citation  
     
    Bookmark   56 citations  
  • Invariances: The Structure of the Objective World.Robert Nozick - 2001 - Philosophy 80 (311):145-151.
    No categories
     
    Export citation  
     
    Bookmark   132 citations  
  • Toward a Taxonomy of Projective Content.Judith Tonhauser, David Beaver, Craige Roberts & Mandy Simons - 2013 - Language 89 (1):66-109.
    Projective contents, which include presuppositional inferences and Potts's conventional implicatures, are contents that may project when a construction is embedded, as standardly identified by the FAMILY-OF-SENTENCES diagnostic. This article establishes distinctions among projective contents on the basis of a series of diagnostics, including a variant of the family-of-sentences diagnostic, that can be applied with linguistically untrained consultants in the field and the laboratory. These diagnostics are intended to serve as part of a toolkit for exploring projective contents across languages, thus (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   60 citations  
  • Epistemic Modals in Context.Andy Egan, John Hawthorne & Brian Weatherson - 2005 - In Gerhard Preyer & Georg Peter (eds.), Contextualism in Philosophy. Oxford University Press. pp. 131-170.
    A very simple contextualist treatment of a sentence containing an epistemic modal, e.g. a might be F, is that it is true iff for all the contextually salient community knows, a is F. It is widely agreed that the simple theory will not work in some cases, but the counterexamples produced so far seem amenable to a more complicated contextualist theory. We argue, however, that no contextualist theory can capture the evaluations speakers naturally make of sentences containing epistemic modals. If (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   213 citations  
  • Would you Believe It? The King of France is Back! (Presuppositions and Truth-Value Intuitions).Kai von Fintel - 2004 - In Marga Reimer & Anne Bezuidenhout (eds.), Descriptions and Beyond. Clarendon Press.
  • What metalinguistic negotiations can't do.Teresa Marques - 2017 - Phenomenology and Mind (12):40-48.
    Philosophers of language and metaethicists are concerned with persistent normative and evaluative disagreements – how can we explain persistent intelligible disagreements in spite of agreement over the described facts? Tim Sundell recently argued that evaluative aesthetic and personal taste disputes could be explained as metalinguistic negotiations – conversations where interlocutors negotiate how best to use a word relative to a context. I argue here that metalinguistic negotiations are neither necessary nor sufficient for genuine evaluative and normative disputes to occur. A (...)
    Direct download  
     
    Export citation  
     
    Bookmark   13 citations