Which concepts should we use to think and talk about the world and to do all of the other things that mental and linguistic representation facilitates? This is the guiding question of the field that we call ‘conceptual ethics’. Conceptual ethics is not often discussed as its own systematic branch of normative theory. A case can nevertheless be made that the field is already quite active, with contributions coming in from areas as diverse as fundamental metaphysics and social/political philosophy. In (...) this pair of papers, we try to unify the field, reflecting on its basic nature, structure, and methodology. (shrink)

Which concepts should we use to think and talk about the world, and to do all of the other things that mental and linguistic representation facilitates? This is the guiding question of the field that we call ‘conceptual ethics’. Conceptual ethics is not often discussed as its own systematic branch of normative theory. A case can nevertheless be made that the field is already quite active, with contributions coming in from areas as diverse as fundamental metaphysics and social/political philosophy. In (...) this pair of papers, we try to unify the field, reflecting on its basic nature, structure, and methodology. (shrink)

Conceptual engineering and conceptual ethics are branches of philosophy concerned with questions about how to assess and ameliorate our representational devices (such as concepts and words). It's a part of philosophy concerned with questions about which concepts we should use (and why), how concepts can be improved, when concepts should be abandoned, and how proposals for amelioration can be implemented. Central parts of the history of philosophy have engaged with these issues, but the focus of this volume is on applications (...) to work in contemporary philosophy of language and mind, epistemology, gender and race theory, ethics, philosophy of science, and philosophical logic. This is the first volume devoted entirely to conceptual engineering and conceptual ethics. The volume explores the possibilities, benefits, problems, and applications of conceptual engineering and conceptual ethics. It consists of twenty chapters written by leading philosophers. (shrink)

Which concepts should we use to think and talk about the world and to do all of the other things that mental and linguistic representation facilitates? This is the guiding question of the field that we call ‘conceptual ethics’. Conceptual ethics is not often discussed as its own systematic branch of normative theory. A case can nevertheless be made that the field is already quite active, with contributions coming in from areas as diverse as fundamental metaphysics and social/political philosophy. In (...) this pair of papers, we try to unify the field, reflecting on its basic nature, structure, and methodology. (shrink)

Which concepts should we use to think and talk about the world, and to do all of the other things that mental and linguistic representation facilitates? This is the guiding question of the field that we call ‘conceptual ethics’. Conceptual ethics is not often discussed as its own systematic branch of normative theory. A case can nevertheless be made that the field is already quite active, with contributions coming in from areas as diverse as fundamental metaphysics and social/political philosophy. In (...) this pair of papers, we try to unify the field, reflecting on its basic nature, structure, and methodology. (shrink)

In recent years, there has been growing discussion amongst philosophers about “conceptual engineering”. Put roughly, conceptual engineering concerns the assessment and improvement of concepts, or of other devices we use in thought and talk (e.g., words). This often involves attempts to modify our existing concepts (or other representational devices), and/or our practices of using them. This paper explores the relation between conceptual engineering and conceptual ethics, where conceptual ethics is taken to encompass normative and evaluative questions about concepts, words, and (...) other broadly “representational” and/or “inferential” devices we use in thought and talk. We take some of the central questions in conceptual ethics to concern which concepts we should use and what words should mean, and why. We put forward a view of conceptual engineering in terms of the following three activities: conceptual ethics, conceptual innovation, and conceptual implementation. On our view, conceptual engineering can be defined in terms of these three activities, but not in a straightforward, Boolean way. Conceptual engineering, we argue, is made up of mereologically complex activities whose parts fall into the categories associated with each of these three different activities. (shrink)

Discussions of “indeterminacy” customarily distinguish two putative types: semantic indeterminacy (SI)—indeterminacy that’s somehow the product of the semantics of our words/concepts—and metaphysical indeterminacy (MI)—indeterminacy that exists as a mind/language-independent feature of reality itself. A popular and influential thought among philosophers is that all indeterminacy must be SI. In this paper we challenge this thought. Our challenge is guided by the question: What, exactly, does it take for a case of indeterminacy to count as SI? We argue that the only satisfactory (...) answer to this question must take SI to be grounded in a more basic type of MI. We conclude that SI cannot be made sense of without implicating MI. If there’s any indeterminacy, there must be indeterminacy in the world itself. (shrink)

This paper introduces a suite of articles devoted to Philip Kitcher’s The Main Enterprise of the World: Rethinking Education (Oxford University Press, 2021). The suite opens with a paper by Kitcher, which presents the central themes of his important book. This is followed by an assessment of the work as whole by John White, and four commentaries discussing in detail various aspects of Kitcher’s position by Ben Kotzee (on science education), Alexis Gibbs (on arts education), Sheron Fraser-Burgess (on (...) deliberative democracy and inclusivity), and Nigel Tubbs (on Kitcher’s ‘Deweyan Society’). In the final contribution, Kitcher replies to his critics. The introduction sketches the character of Kitcher’s project and comments on his pragmatist method. (shrink)

In this paper, we consider how the notion of metalinguistic negotiation interacts with various theories of generics. The notion of metalinguistic negotiation we discuss stems from previous work from two of us (Plunkett and Sundell). Metalinguistic negotiations are disputes in which speakers disagree about normative issues concerning language, such as issues about what a given word should mean in the relevant context, or which of a range of related concepts a word should express. In a metalinguistic negotiation, speakers argue (...) about such issues implicitly, via competing “metalinguistic” usages of terms. Here, we argue that some disputes involving generics are best thought of as metalinguistic negotiations, and that these cases can be illuminating for our more general theorizing about generics. Specifically, we argue that the “contextualist” theory of generics that one of us (Sterken) has developed in other work is best equipped to account for these metalinguistic negotiations, relative to other leading views of generics. We thus argue for a “package deal” view of generics: a view that combines Plunkett and Sundell’s account of metalinguistic negotiation with Sterken’s contextualist view of generics. (shrink)

Take “legal reality” to be the part of reality that actual legal thought and talk is dis- tinctively about, such as legal institutions, legal obligations, and legal norms. Our goal is to explore whether legal reality is disunified. To illustrate the issue, consider the possibility that an important metaphysical thesis such as positivism is true of one part of legal reality (legal institutions), but not another (legal norms). We offer two arguments that suggest that legal reality is disunified: one concerns (...) the heteroge- neity of different entities that are part of legal reality; the other concerns variation within legal thought and talk. We then show that taking the possibility of the disunity of legal reality seriously has important upshots for how we think about the positivist and antipositivist traditions, the debate between them, and their relation to other parts of legal theory, such as critical legal theory and legal realism. (shrink)

This is a concise, advanced introduction to current philosophical debates about truth. A blend of philosophical and technical material, the book is organized around, but not limited to, the tendency known as deflationism, according to which there is not much to say about the nature of truth. In clear language, Burgess and Burgess cover a wide range of issues, including the nature of truth, the status of truth-value gaps, the relationship between truth and meaning, relativism and pluralism about (...) truth, and semantic paradoxes from Alfred Tarski to Saul Kripke and beyond. Following a brief introduction that reviews the most influential traditional and contemporary theories of truth, short chapters cover Tarski, deflationism, indeterminacy, realism, antirealism, Kripke, and the possible insolubility of semantic paradoxes. The book provides a rich picture of contemporary philosophical theorizing about truth, one that will be essential reading for philosophy students as well as philosophers specializing in other areas. (shrink)

In constructing semantic theories of normative and evaluative terms, philosophers have commonly deployed a certain type of disagreement -based argument. The premise of the argument observes the possibility of genuine disagreement between users of a certain normative or evaluative term, while the conclusion of the argument is that, however differently those speakers employ the term, they must mean the same thing by it. After all, if they did not, then they would not really disagree. We argue that in many of (...) the cases in which this argument is deployed, the conclusion not only fails to follow from the premises, but is very likely false. Disagreements between speakers who do not mean the same things by their words are common, genuine, and not easily distinguished from ordinary disagreements over the truth of literally expressed content. We make this case by developing the notion of a metalinguistic negotiation, an exchange in which speakers tacitly negotiate the proper deployment of some linguistic expression in a context. Metalinguistic negotiations express disagreements over information that is conveyed pragmatically and about what concepts should be deployed in the context at hand. We argue that neither of these features poses any obstacle to metalinguistic negotiations serving to express genuine, substantive disagreements that can be well worth engaging in. Contrary to what has been widely assumed in the literature, many normative and evaluative disputes—among ordinary speakers and even among philosophers themselves—may be of exactly this type, a conclusion with important consequences for both the subject matter and the methodology of metanormative theory. (shrink)

This paper is about philosophical disputes where the literal content of what speakers communicate concerns such object-level issues as ground, supervenience, or real definition. It is tempting to think that such disputes straightforwardly express disagreements about these topics. In contrast to this, I suggest that, in many such cases, the disagreement that is expressed is actually one about which concepts should be employed. I make this case as follows. First, I look at non-philosophical, everyday disputes where a speaker employs a (...) metalinguistic usage of a term. This is where a speaker uses a term to express a view about the meaning of that term, or, relatedly, how to correctly use that term. A metalinguistic negotiation is a metalinguistic dispute that concerns a normative issue about what a word should mean, or, similarly, about how it should be used, rather than the descriptive issue about what it does mean. I argue that the same.. (shrink)

In recent work, we have argued that a number of disputes of interest to philosophers – including some disputes amongst philosophers themselves – are metalinguistic negotiations. Prima facie, many of these disputes seem to concern worldly, non-linguistic issues directly. However, on our view, they in fact concern, in the first instance, normative questions about the use of linguistic expressions. This will strike many ordinary speakers as counterintuitive. In many of the disputes that we analyze as metalinguistic negotiations, speakers might quite (...) strongly resist the idea that their debate is in any sense about language. In this paper, we explore and provide responses to what we take to be the best versions of an objection that our view involves an unacceptable attribution of false beliefs to ordinary speakers. (shrink)

Metasemantics comprises new work on the philosophical foundations of linguistic semantics, by a diverse group of established and emerging experts in the philosophy of language, metaphysics, and the theory of content. The science of semantics aspires to systematically specify the meanings of linguistic expressions in context. The paradigmatic metasemantic question is accordingly: what more basic or fundamental features of the world metaphysically determine these semantic facts? Efforts to answer this question inevitably raise others, including: where are the boundaries of semantics?; (...) what is the essence of the meaning relation?; which framework should we use for semantic theorizing?; and what are the intrinsic natures of semantic values? Metasemantic inquiry has long been recognized as a central part of the philosophy of language, but recent developments in metaphysics and semantics itself now allow us to approach these classic questions with an unprecedented degree of precision. The essays collected here provide promising new perspectives on old problems, pose questions that suggest novel research projects, and taken together, greatly sharpen our understanding of linguistic representation. (shrink)

In this article, we propose a novel account of general jurisprudence by situating it within the broader project of metanormative inquiry. We begin by showing how general jurisprudence is parallel to another well-known part of that project, namely, metaethics. We then argue that these projects all center on the same task: explaining how a certain part of thought, talk, and reality fits into reality overall. Metalegal inquiry aims to explain how legal thought, talk, and reality fit into reality. General jurisprudence (...) is the part of metalegal inquiry that focuses on universal legal thought, talk, and reality. (shrink)

Recent philosophy of language has been profoundly impacted by the idea that mainstream, model-theoretic semantics is somehow incompatible with deflationary accounts of truth and reference. The present article systematizes the case for incompatibilism, debunks circularity and “modal confusion” arguments familiar in the literature, and reconstructs the popular thought that truth-conditional semantics somehow “presupposes” a correspondence theory of truth as an inference to the best explanation. The case for compatibilism is closed by showing that this IBE argument fails to rule out (...) two kinds of deflationism: the position Field famously accused Tarski of having; and a less familiar version of the view that defines reference in terms of a deflated notion of truth. Finally, the distinction between unifying and constitutive explanation is used to forestall the response that correspondence theory is literally part of mainstream semantics. (shrink)

Cognitive partitions are useful. The notion of numerical identity helps us induce them. Consider, for instance, the role of identity in representing an equivalence relation like taking the same train. This expressive function of identity has been largely overlooked. Other possible functions of the concept have been over-emphasized. It is not clear that we use identity to represent individual objects or quantify over collections of them. Understanding what the concept is good for looks especially urgent in light of the fact (...) that numerical identities themselves are tangibly trifling. (shrink)

Suppose our ordinary notion of truth is ‘inconsistent’ in the sense that its meaning is partly given by principles that classically entail a logical contradiction. Should we replace the notion with a consistent surrogate? This paper begins by defusing various arguments in favor of this revisionary proposal, including Kevin Scharp’s contention that we need to replace truth for the purposes of semantic theorizing . Borrowing a certain conservative metasemantic principle from Matti Eklund, the article goes on to build a positive (...) case for the opposite policy: retaining truth as-is. The thought is basically that bivalence for the bulk of what we say in the course of ordinary, scientific, and philosophical inquiry should suffice to justify keeping ‘true’. Two versions of the story are told: one more philosophical, drawing on an analogy to Lewis’ response to Putnam’s paradox; the other more technical, invoking a deviant stran.. (shrink)

In this Introduction, we aim to introduce the reader to the basic topic of this book. As part of this, we explain why we are using two different expressions (‘conceptual engineering’ and ‘conceptual ethics’) to describe the topics in the book. We then turn to some of the central foundational issues that arise for conceptual engineering and conceptual ethics, and finally we outline various views one might have about their role in philosophy and inquiry more generally.

This chapter discusses two different issues about the relationship between legal positivism and robust normativity (understood as the most authoritative kind of normativity to which we appeal). First, the chapter argues that, in many contexts when discussing “legal positivism” and “legal antipositivism”, the discussion should be shifted from whether legal facts are ultimately partly grounded in moral facts to whether they are ultimately partly grounded in robustly normative facts. Second, the chapter explores an important difference within the kinds of arguments (...) that legal philosophers give for the (purported) truth of legal positivism. The difference concerns whether (purportedly) robustly normative facts are appealed to as premises in those arguments or not. (A closely connected issue is whether (purportedly) normative facts that bear one or more important connections to robustly normative facts are appealed to in premises to those arguments.) The chapter argues that thinking about this dividing line helps people better situate the positivist/antipositivist dispute, better understand the space of views in legal philosophy, better evaluate those views, and avoid having merely verbal disputes. (shrink)

There are three general ways to approach reconciliation: from the side of nonfactualism, from the side of deflationism, or from both sides at once. To approach reconciliation from a given side, as I will use the expression, just means to attend in the first instance to the details of that side’s position. (It will be important to keep in mind that the success of an approach from one side may ultimately require concessions from the other side.) The only attempts at (...) reconciliation in the literature of which I am aware fall in to the first of these three categories. Such writers argue that the tension between our –isms can be resolved by paying sufficiently close attention to the nature of nonfactualism. While I have nothing against this approach in principle, I do have reservations about the particular proposals that have been made in its pursuit. The first section of the present paper briefly develops a line of objection against one such proposal, in order to motivate the approach to reconciliation from the side of deflationism. In section two, I argue that the deflationist can and should reject the inference from (2) to (3) above. Section three addresses a special problem of reconciliation for the nonfactu- alist who continues to use the discourse she takes to be factually defective. By paying close attention to the details of deflationism about reference, I show how a deflationist about truth might avoid this problem. I conclude that deflationism can be developed in a way that renders it compatible with nonfactualism. (shrink)

In previous work, we have developed the idea that, in some disputes, speakers appear to use (rather than mention) a term in order to put forward views about how that term should be used. We call such disputes “metalinguistic negotiations”. Herman Cappelen objects that our model of metalinguistic negotiation makes implausible predictions about what speakers really care about, and what kinds of issues they would take to settle their disputes. We highlight a distinction (which we have emphasized in prior work) (...) between the question of which disagreements speakers have vs. which disagreements are immediately expressed in a given linguistic exchange. Once this distinction is clear, we can appreciate that speakers who are engaged in a metalinguistic negotiation (where certain issues in conceptual ethics are immediately expressed) can also disagree about other issues, including both other issues in conceptual ethics and “object-level” issues that aren’t about words or concepts. In many metalinguistic negotiations, speakers (we think correctly) care more about these other issues than they do about ones concerning the meaning of a word. Because of this, Cappelen’s objection fails to identify any data that challenge our model. (shrink)

In this paper, I argue that facts about the history or genealogy of concepts (facts about what I call “conceptual history”) can matter for normative inquiry. I argue that normative and evaluative issues about concepts (such as issues about which concepts an agent should use, in a given context) matter for all forms of inquiry (including normative inquiry) and that conceptual history can help us when we engage in thinking about these normative and evaluative issues (which I call issues in (...) “conceptual ethics”). My aim in making this argument is to develop a schematic framework for thinking about the relationship between conceptual history and normative inquiry. The framework puts pressure on those who, often unreflectively or implicitly, dismiss the potential relevance of conceptual history to normative inquiry. At the same time, the framework can be seen as presenting a challenge to those drawn to more radical views about the relationship between conceptual history and normative inquiry. The challenge is this: if one wants a more ambitious model of the relevance of conceptual history to normative inquiry than what I provide in this paper, one needs to explain what justifies such a model. (shrink)

By the late 1980s, Government and Binding Theory - which was central to almost all research in generative grammar - threatened to become as large and as intricate as the language it described. To counter this, Noam Chomsky introduced a minimalist program with the aim of making explanations of language as simple and general as possible. It has since gained widespread acceptance, to the extent that the most recent first-year textbook in syntax is based on it. One of the areas (...) subjected to this minimalist scrutiny has been phrase structure, the fundamental basis of grammar. This book focuses on the most controversial area of phrase structure, the notion of specifiera notion encompassing the traditional categories of subjects, possessors, determiners, auxiliaries, and adjuncts. It examines what place the notion has in the new theory and how the projection of specifiers is to be eliminated or extended. The contributors draw on empirical, theoretical research in cross-linguistic phenomena and first and second language acquisition. The substantial introductory chapter provides an up-to-date account of minimalist syntactic theory and a critical evaluation of the notion of specifier within it. (shrink)

In “How Facts Make Law” and other recent work, Mark Greenberg argues that legal positivists cannot develop a viable constitutive account of law that meets what he calls the “the rational-relation requirement.” He argues that this gives us reason to reject positivism in favor of antipositivism. In this paper, I argue that Greenberg is wrong: positivists can in fact develop a viable constitutive account of law that meets the rational-relation requirement. I make this argument in two stages. First, I offer (...) an account of the rational-relation requirement. Second, I put forward a viable positivist account of law that I argue meets this requirement. The account that I propose is a version of Scott Shapiro’s Planning Theory of Law. The version of Shapiro’s account that I propose combines (1) the account of concepts and conceptual analysis put forward by David Chalmers and Frank Jackson with (2) the account of the concept LEGAL INSTITUTION (and its conceptual connections to the concept LEGAL NORM) that we get from a certain reading of Shapiro’s Planning Theory. In addition to providing a compelling response to Greenberg’s argument in “How Facts Make Law,” I argue that the explanation for why my response to Greenberg works underscores one of the central problems facing legal antipositivism: namely, its lack of a convincing account of the nature of legal institutions. (shrink)

In Choosing Normative Concepts, Eklund considers a “variance thesis” about our most fundamental (and seemingly most “authoritative”) normative concepts. This thesis raises the threat of an alarming symmetry between different sets of normative concepts. If this symmetry holds, it would be incompatible with “ardent realism” about normativity. Eklund argues that the ardent realist should appeal to the idea of “referential normativity” in response to this challenge. I argue that, even if Eklund is right in his core arguments on this front, (...) many other important challenges for ardent realism remain that also stem from the issues about possible variance in normative concepts that he considers. Following this, I introduce further issues about conceptual variance. These are issues that arise within the context of the framework that Eklund proposes the ardent realist use to confront the variance theses he considers. In particular, the issues concern what normative role as such is, as well as, relatedly, which roles associated with a concept (or predicate) get to count as part of its normative role. The upshot is that issues about conceptual variance in normative domains might be even more challenging for the ardent realist to deal with than Eklund argues. (shrink)

One of the central debates in legal philosophy is the debate over legal positivism. Roughly, positivists say that law is ultimately grounded in social facts alone, whereas antipositivists say it is ultimately grounded in both social facts and moral facts. In this paper, I argue that philosophers involved in the dispute over legal positivism sometimes employ distinct concepts when they use the term “law” and pick out different things in the world using these concepts. Because of this, what positivists say (...) might well then be true of one thing (e.g., law1) but false of another (e.g., law2). Accepting this thesis does not mean that the philosophers engaged in this dispute are “talking past each other” or engaged in a “merely verbal dispute” that lacks substance. I argue that participants in this dispute are sometimes arguing about what they should mean by the word “law” in the context at hand. This involves putting forward competing proposals about which concept the word “law” should be used to express. This is an issue in what I call “conceptual ethics.” This argument in conceptual ethics can be well worth having, given the connotations that the term “law” plays in many contexts, ranging from legal argument to political philosophy to social-scientific inquiry. Sometimes, I claim, philosophers (and ordinary speakers) engage in such argument tacitly by competing “metalinguistic” usages of the term “law”—usages of the term that express a view (in this case, a normative view) about the meaning of the word itself. In such cases, speakers on different sides of the positivism debate might in fact both speak truly, in terms of the literal (semantic) content of what they both say. Nonetheless, they may disagree in virtue of views in conceptual ethics about “law” that they express through the nonliteral content of what they say. These views in conceptual ethics often reflect further disagreements about issues that are not ultimately about words or concepts. These include foundational ones in ethics and politics about how we should live and what kind of institutions should govern our lives. My metalinguistic account of the dispute over legal positivism better equips us to identify what such issues are and to engage them more fruitfully. (shrink)

One of Ronald Dworkin's most distinctive claims in legal philosophy is that law is an interpretative concept, a special kind of concept whose correct application depends neither on fixed criteria nor on an instance-identifying decision procedure but rather on the normative or evaluative facts that best justify the total set of practices in which that concept is used. The main argument that Dworkin gives for interpretivism about some conceptis a disagreement-based argument. We argue here that Dworkin's disagreement-based argument relies on (...) a mistaken premise about the nature of disagreement. We propose an alternative analysis of the type of disputeseeming variation casesthat Dworkin uses to motivate the idea of interpretative concepts. We begin by observing that genuine disagreements can be expressed via a range of linguistic mechanisms, many of which do not require that speakers literally assert and deny one and the same proposition. We focus in particular on what we call disputes in which speakers do not express the same concepts by their words but rather negotiate how words should be used and thereby negotiate which of a range of competing concepts should be used in that context. We claim that this view has quite general theoretical advantages over Dworkin's interpretivism about seeming variation cases and about the relevant class of legal disputes in particular. This paper thus has two interlocking goals: (1) to undermine one of Dworkin's core arguments for interpretivism, and (2) to provide the foundations for a noninterpretivist alternative account of an important class of legal disputes. (shrink)

In both co-authored and solo-authored work over the past decade, we have developed the idea of “metalinguistic negotiation”. On our view, metalinguistic negotiation is a type of dispute in which speakers appear to use (rather than explicitly mention) a term in conflicting ways to put forward views about how that very term should be used. In this paper, we explore four possible dimensions of variation among metalinguistic negotiations, and the interactions among those dimensions. These types of variation matter for understanding (...) the nature, and the potential range, of the phenomenon of metalinguistic negotiation. As an illustration of the latter, we argue in our concluding section that understanding the full range of forms that metalinguistic negotiations can take has implications for debates about the “implementation” of conceptual engineering proposals. (shrink)

ABSTRACT In Choosing Normative Concepts, Eklund considers a “variance thesis” about our most fundamental normative concepts. This thesis raises the threat of an alarming symmetry between different sets of normative concepts. If this symmetry holds, it would be incompatible with “ardent realism” about normativity. Eklund argues that the ardent realist should appeal to the idea of “referential normativity” in response to this challenge. I argue that, even if Eklund is right in his core arguments on this front, many other important (...) challenges for ardent realism remain that also stem from the issues about possible variance in normative concepts that he considers. Following this, I introduce further issues about conceptual variance. These are issues that arise within the context of the framework that Eklund proposes the ardent realist use to confront the variance theses he considers. In particular, the issues concern what normative role as such is, as well as, relatedly, which roles associated with a concept get to count as part of its normative role. The upshot is that issues about conceptual variance in normative domains might be even more challenging for the ardent realist to deal with than Eklund argues. (shrink)

Salmon genomics is an emerging field that represents a convergence between socially important scientific innovation and a politically volatile topic of significant interest to the public. These factors provide a strong rationale for public input. This report describes such input from a public engagement event based on the principles of deliberative democracy. The event involved a random, demographically stratified sample of 25 British Columbians (Canada). While some participants opposed sequencing the salmon genome on principle, on the whole participants responded favourably, (...) citing the value of increased knowledge of human impacts on salmon, potentially slowing or reversing this impact, and assisting sustainable management of salmon resources. Participants discussed many of the potential implications of the sequencing project and formulated recommendations pertaining to regulations, international treaties, public education and engagement. Overall, the project illustrates that the specific design and implementation of this event is capable of producing sound policy advice from the general public on genomic-related issues. (shrink)

According to Scott Shapiro’s Moral Aim Thesis, it is an essential feature of the law that it has a moral aim. In short, for Shapiro, this means that the law has the constitutive aim of providing morally good solutions to morally significant social problems in cases where other, less formal ways of guiding the activity of agents won’t work. In this article, I argue that legal positivists should reject the Moral Aim Thesis. In short, I argue that although there are (...) versions of the Moral Aim Thesis that are arguably compatible with legal positivism, all of the different ways of making it compatible face serious philosophical difficulties. Following a discussion of what these difficulties are, I provide an alternative to the Moral Aim Thesis, a thesis that I call the ‘Represented-as-Moral Thesis’. This thesis avoids the problems that I raise for the Moral Aim Thesis and better resonates with some of the core intuitions behind legal positivism. Furthermore, a version of Shapiro’s Planning Theory of Law that is developed with the Represented-as-Moral Thesis (as opposed to the Moral Aim Thesis) can explain all of the things that Shapiro uses the Moral Aim Thesis to explain. (shrink)

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 (...) descriptivist, “rule-relational” semantics combined with a pragmatic account of the expressive and practical functions of legal discourse. We argue that this approach is at least as well-equipped as expressivism to explain the motivational and prescriptive features of “internal” legal statements, as well as a fundamental kind of legal disagreement, while being better positioned to account for various “external” uses of the same language. We develop this theory in a Hartian framework, and in the final part of the paper argue (particularly against Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along such quasi-expressivist lines. (shrink)

One important trend in political philosophy is to hold that non-human animals don't directly place demands of justice on us. Another important trend is to give considerations of justice normative priority in our general normative theorising about social/political institutions. This situation is problematic, given the actual ethical standing of non-human animals. Either we need a theory of justice that gives facts about non-human animals a non-derivative explanatory role in the determination of facts about what justice involves, or else we should (...) be wary of the default normative priority that considerations of justice have in much of contemporary political philosophy. This discussion brings out important general methodological points tied to the role of concept and word choice in normative theorising about our social/political institutions. These methodological points, I argue, matter for a range of discussions in contemporary political philosophy, including those about global justice. (shrink)

We explore an underappreciated tension at the heart of the debate over legal positivism. On the one hand, many legal philosophers aspire for the debate to tell us what law is, and the nature of law. But on the other hand, the positions in the debate are generally formulated such that they’re about something else: what law is necessarily connected to or dependent on. This is a genuine tension, because theses about what law is necessarily connected to or dependent on (...) do not by themselves state or automatically settle what law is or the nature of law. This tension prompts us to propose a new approach to formulating positivism and antipositivism as theses about the real definition of law. Our proposal is simple, but fruitful. We argue that it better insulates and unifies the debate: that is, it prevents orthogonal theses from trivially vindicating or falsifying positivism and antipositivism, and it explains how different threads of the existing debate contribute to a single topic. We close by briefly considering two recent arguments about exclusive positivism, to illustrate how our discussion bears on contemporary jurisprudential debates. (shrink)

The article draws on critiques in political theory and morality to argue that womanism, a worldview rooted in Black women's lives and history, provides an alternative conceptual framework to prevailing Eurocentric thinking, for promoting socially just institutions of higher education. Presupposing a positioned, encultured, and embodied account of identity, womanism’s social change perspective holds transformative promise. It foregrounds Black women’s penchant for reaching solutions that promote communal balance, affirm one’s humanity and attend to the spiritual dimension (Phillips, 2006 Phillips, L. (...) (Ed.). (2006). The womanist reader. Routledge.[Crossref], [Google Scholar]). Directed first towards scholars of color, fostering inclusivity, communalist values and acknowledged intersectionality offers an ethic of the embodied self. As a corollary, it argues for a universal that recommends at least two guiding principles for a pedagogical philosophy. It is, first oriented towards a love of self and second towards placing all disciplines within a cultural-historical context. In the first claim, there is potential for nothing less than suspending the symbolic and ontological violence to one’s sense of belonging in academia. In the second claim, such an understanding can position scholars of color to actively re-narrate their fields. As illustrations, we focus on three academic fields of education, theology in higher education, and criminal justice. (shrink)

Are societies required to pursue continual economic growth as a matter of justice? In “The Value of Economic Growth”, Julie Rose considers three arguments in favor of the need for continual economic growth, each of which revolves around the instrumental value of economic growth for promoting an important good that is needed for a just society. In each case, Rose argues that there are mechanisms other than economic growth that could allow a society to deliver the relevant goods, and thus (...) meet the demands of justice with respect to those goods. I raise a set of issues for Rose’s argument that put pressure on the normative significance of her discussion. At the heart of these issues are ones about which possibilities Rose considers and which idealizations she makes. These issues tie into more general questions about the aims and methodology of normative work in social/political philosophy. Thus, in addition to being a contribution to the debate over the politics of economic growth, this paper can be understood partly as a case study in how reflection on these kinds of issues – ones about modality, idealization, and methodology – can matter to how we evaluate specific arguments in social/political philosophy. (shrink)

Metalinguistic descriptivism is the view that proper names are semantically equivalent to descriptions featuring their own quotations (e.g., ?Socrates? means ?the bearer of ?Socrates??). The present paper shows that Millians can actually accept an inferential version of this equivalence thesis without running afoul of the modal argument. Indeed, they should: for it preserves the explanatory virtues of more familiar forms of descriptivism while avoiding objections (old and new) to Kent Bach's nominal description theory. We can make significant progress on Frege's (...) puzzle and Plato's beard without committing ourselves one way or the other on the semantic values of proper names. The view on offer can also be motivated by analogy with Tarski's schema T, inviting the idea that the equivalence between a name and the associated nominal description has more to do with the semantics of representational locutions than it does with names per se. My response to the modal argument exploits the Kripkean distinction between reference at a world and reference in a world, and can be accepted by metalinguistic descriptivists and Millians alike. (shrink)