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)

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)

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)

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.

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)

This volume introduces a wide range of important views, questions, and controversies in and about contemporary metaethics. It is natural to ask: What, if anything, connects this extraordinary range of discussions? This introductory chapter aims to answer this question by giving an account of metaethics that shows it to be a unified theoretical activ- ity. According to this account, metaethics is a theoretical activity characterized by an explanatory goal. This goal is to explain how actual ethical thought and talk—and what (...) (if anything) that thought and talk is distinctively about—fits into reality. We begin by introducing and developing this account, and illustrating it via discus- sion of a simple illustrative metaethical theory: Simple Subjectivism. We then explain important upshots of the characterization. Our account is novel and controversial, as is the status of metaethics as a theoretically fruitful project. We thus compare our account to competing characterizations of the field, and explain how our account permits us to address certain challenges to the theoretical significance of a distinctively metaethical project. In the conclusion, we explain why, given our account, one might think that meta- ethics matters, and explain how we understand the history and future of self-conscious metaethical theorizing. As we will emphasize, we should expect new ways of approaching the explanatory project at the heart of metaethics to emerge in the coming years, as the tools and resources we have for tackling that project expand. Our hope is that by empha- sizing the centrality of the explanatory project itself, rather than just focusing narrowly on the views that have been developed so far by those engaged in that project, we can help encourage and facilitate the development of new questions, arguments, and views that help move the field forward. (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)

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)

This chapter explores two central questions in the conceptual ethics of normative inquiry. The first is whether to orient one’s normative inquiry around folk normative concepts (like KNOWLEDGE or IMMORAL) or around theoretical normative concepts (like ADEQUATE EPISTEMIC JUSTIFICATION or PRO TANTO PRACTICAL REASON). The second is whether to orient one’s normative inquiry around concepts whose normative authority is especially accessible to us (such as OUGHT ALL THINGS CONSIDERED), or around concepts whose extension is especially accessible to us (such as (...) BETRAYAL). The chapter aims to make vivid and plausible a range of possible answers to these questions, and important forms of argument that can be used to favor certain answers over others. (shrink)

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)

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)

Many of us care about the existence of ethical facts because they appear crucial to making sense of our practical lives. On one tempting line of thought, this idea can also play a central role in justifying our belief in those facts. David Enoch has developed this thought into a formidable new proposal in moral epistemology: that the deliberative indispensability of ethical facts gives us epistemic justification for believing in such facts. This chapter argues that Enoch’s proposal fails because it (...) conflicts with a central fact about epistemic justification: that the norms of epistemic justification have the content that they do in part because of some positive connection between those norms and the truth of the beliefs that these norms govern. Alternatives to Enoch’s attempt to defend the idea that deliberative indispensability confers epistemic justification fail for parallel reasons. The chapter concludes that deliberative indispensability does not provide epistemic justification. (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)

Morality seems important, in the sense that there are practical reasons — at least for most of us, most of the time — to be moral. A central theoretical motivation for consequentialism is that it appears clear that there are practical reasons to promote good outcomes, but mysterious why we should care about non-consequentialist moral considerations or how they could be genuine reasons to act. In this paper we argue that this theoretical motivation is mistaken, and that because many arguments (...) for consequentialism rely upon it, the mistake substantially weakens the overall case for consequentialism. We argue that there is indeed a theoretical connection between good states and reasons to act, because good states are those it is fitting to desire and there is a conceptual connection between the fittingness of a motive and reasons to perform the acts it motivates. But while some of our motives are directed at states, others are directed at acts themselves. We contend that just as the fittingness of desires for states generates reasons to promote the good, the fittingness of these act-directed motives generates reasons to do other things. Moreover, we argue that an act’s moral status consists in the fittingness of act-directed feelings of obligation to perform or avoid performing it, so the connection between fitting motives and reasons to act explains reasons to be moral whether or not morality directs us to promote the good. This, we contend, de-mystifies how there could be non-consequentialist reasons that are both moral and practical. (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)

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)

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)

The past few decades have witnessed an extraordinary revival of interest in metanormative non-naturalism. Despite this interest, it is still unclear how to understand the distinctive metaphysical commitments of this view. We illustrate the relevant difficulties by examining what is arguably the most prominent class of contemporary attempts to formulate non-naturalism’s metaphysical commitments. This class of proposals, exemplified in work by Gideon Rosen and Stephanie Leary, characterizes the distinctive metaphysical commitments of non-naturalism in terms of metaphysical grounding and essence. We (...) argue that these proposals overgeneralize: they either misclassify intuitively naturalistic hypotheses about the metaphysics of normativity as “non-naturalist”, or misclassify hypotheses in other areas of metaphysics. We argue that this problem stems from features of grounding itself. We suggest a more promising alternative for formulating non-naturalism, which revolves around the notion of objective similarity between classes of properties. We conclude by drawing some general lessons for inquiry about the metaphysics of normativity, and about metaphysics in general. (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)

The conceptual ethics of normativity involves normative reflection on normative thought and talk. One motive for engaging in this project is to seek to either vindicate or improve one’s existing normative concepts. This paper clarifies and addresses a deep challenge to the conceptual ethics of normativity, when it is motivated in this way. The challenge arises from the fact that we need to use some of our own normative concepts in order to evaluate our normative concepts. This might seem objectionably (...) circular, akin to trying to verify the accuracy of a ruler by checking it against itself. We dub this the vindicatory circularity challenge. If the challenge cannot be met, it would suggest that all normative inquiry (not just the conceptual ethics of normativity) rests on worryingly arbitrary foundations. We defend a way of answering the challenge that adapts anti-skeptical resources from epistemology. Along the way, we reject several alternative replies to the challenge. These include dismissing the challenge because it cannot be formulated with our concepts, answering it by appeal to a distinctive normative concept, and answers that appeal to certain metaphysical or metasemantic resources. (shrink)

One important activity in conceptual ethics and conceptual engineering involves proposing to associate a new semantics with an existing word. Many philosophers think that one important way to evaluate such a proposal concerns whether it preserves the “topic” picked out by the existing word, and several have offered competing proposals concerning what is required to preserve topic. Our paper is focused on the conceptual ethics question of how conceptual engineers should use the term ‘topic continuity’. We provide and defend a (...) context- sensitive answer to this question. Our answer is motivated by the idea that there are several distinct considerations that we can reasonably care about (and which many conceptual engineers already do care about) in thinking about “topic continuity”, and, moreover, that how best to weigh them against each other can vary from context to context. On our proposal, ‘topic continuity’ can function as a useful representational device that enables coordination by inquirers with respect to these concerns. We conclude by locating our account in a broader way of thinking about topic continuity across a range of inquiries. (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)

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)

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)

This paper addresses an important but relatively unexplored question about the relationship between conceptual ethics and other philosophical inquiry: how does the epistemology of conceptual ethics relate to the epistemology of other, more “traditional” forms of philosophical inquiry? This paper takes as its foil the optimistic thought that the epistemology of conceptual ethics will be easier and less mysterious than relevant “traditional” philosophical inquiry. We argue against this foil by focusing on the fact that that conceptual ethics is a form (...) of normative inquiry. Because of the epistemic difficulties that face normative inquiry, we should not expect conceptual ethics to constitute an epistemic panacea. Instead, although the epistemological upshots can vary from case to case, there are systematic reasons why this shift may exacerbate, rather than mitigate, the epistemic difficulties we face in pursuing philosophical inquiry. (shrink)

This paper advertises the importance of distinguishing three different foundational projects about epistemic thought and talk, which we call “systematic normative epistemology”, “metaepistemology”, and “the conceptual ethics of epistemology”. We argue that these projects can be distinguished by their contrasting constitutive success conditions. This paper is motivated by the idea that the distinctions between these three projects matter for epistemological theorizing in ways that have been underappreciated in philosophical discussion. We claim that attention to the threefold distinction we advance allows (...) us to better understand and evaluate existing views and debates in the field; identify and appreciate new or underexplored theoretical options in the field; and avoid important defects and ambiguities in our research on epistemic topics. (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)

At least since the late Early Modern period, the Holy Grail of ethics, for many philosophers, has been to say how ethical values could have a kind of protagorean objectivity: values are to be both fully objective as values and yet depend on us by their very nature. More than any other contemporary foundational approach it is “constructivist” theories, such as those due to Rawls, Scanlon, and Korsgaard, which have consciously sought to explain how protagorean objectivity is a real possibility. (...) Yet there remains considerable uncertainty about what the various versions of constructivism have in common, what, if anything, “constructivism” as a general approach is supposed to accomplish, and whether, if it is a general approach, it amounts to a distinctive foundational view. (shrink)

Throughout his career, Michael Bratman has developed a detailed model of individual ‘planning agency’, and, more recently, models of joint action and aspects of social life that he argues such planning agency helps support. How might we empirically investigate whether these models capture what is going on in actual human lives? In this article, we critically engage with this broad question by focusing on what Bratman calls the ‘core capacity thesis’, which is at the center of his most recent discussions (...) of how his work in the philosophy of action hangs together. In his own words, the core capacity thesis claims that ‘our capacity for planning agency plays basic roles in multiple, interrelated systems of human, mind-shaped practical organization, individual and social’. We explore how one might go about testing this thesis, focusing on Bratman's particular way of defending this thesis using the idea of ‘nested Cummins functions’. In so doing, we hope to contribute to a broader discussion about what the relationship is (or, perhaps more importantly, should be) between the kind of philosophy of action Bratman does and empirical work in fields such as psychology, cognitive science, and biology. (shrink)

There has been growing excitement in recent years about “dual‐character” concepts. Philosophers have argued that such concepts can help us make progress on a range of philosophical issues, from aesthetics to law to metaphysics. Dual‐character concepts are thought to have a distinctive internal structure, which relates a set of descriptive features to an abstract value, and which allows people to use either the descriptive features or the abstract value for determining the extension of the concept. Here, we skeptically investigate the (...) central argument in favor of their existence. Across three new empirical studies, we systematically demonstrate that the linguistic patterns that dual‐character concepts were originally posited to explain are likely better explained by much more general features of language use. (shrink)

Understood one way, the branch of contemporary philosophical ethics that goes by the label “metaethics” concerns certain second-order questions about ethics—questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called “general jurisprudence” deals with certain second-order questions about law—questions not in the law, but rather ones about our thought and talk about (...) the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this volume are aimed at changing this state of affairs. The volume collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines. (shrink)

An important challenge for non-naturalistic moral realism is that it seems hard to reconcile it with the (purported) fact of our reliability in forming correct moral beliefs. Some philosophers (including Cuneo and Shafer-Landau) have argued that we can appeal to conceptual truths about our moral concepts in order to respond to this challenge. Call this “the conceptual strategy”. The conceptual strategy faces a problem: it isn’t clear that the relevant moral concepts are “extension-revealing” in the way that the conceptual strategy (...) needs them to be. A further problem stems from the tradeoff between the “extension-revealing” and the “authority-revealing” aspects of normative concepts. To underscore the import of these issues, I discuss a version of the reliability challenge that concerns authoritative normative facts in ethics (rather than moral facts). The problems I identify for the conceptual strategy carry over to versions of it that are used in response to a range of epistemological arguments in ethics that (like the reliability challenge) are tied to Street’s “Darwinian Dilemma” argument. These problems also bear on the prospects of the conceptual strategy for explaining our (purported) reliability in other domains (e.g., in epistemology, law, and politics). (shrink)

When legal theorists ask questions about legal interpretation—such as what it fundamentally is, what it aims at, or how it should work—they often do so in ways closely tethered to existing legal practice. For example: they try to understand how an activity legal actors (purportedly) already engage in should be done better, such as how judges can better learn about the content of the law. In this paper, I discuss a certain kind of “conceptual ethics” approach to thinking about legal (...) interpretation, which is less tethered to existing legal practice (or the existing meaning of core pieces of legal terminology). The approach I explore asks questions about legal interpretation in a way that is tethered to what legal (or “legal-ish”) concepts people should deploy, as part of arguments on behalf of engaging in legal (or “legal-ish”) practices different from our current ones. In exploring this approach, I aim to help us better understand the landscape of philosophical issues about legal interpretation, including parts of it that I think have been underexplored. (shrink)

Philosophers often hold that the aim of conceptual analysis is to discover the representational content of a given concept such as freewill, belief, or law. In From Metaphysics to Ethics and other recent work, Frank Jackson has developed a theory of conceptual analysis that is one of the most advanced systematizations of this widespread idea. I argue that this influential way of characterizing conceptual analysis is too narrow. I argue that it is possible that an expressivist account could turn out (...) to be correct as a genuine conceptual analysis of a genuine concept. I claim that since an expressivist analysis does not aim to discover the representational content of a given concept—and, indeed, might itself be based on the idea that the concept in question is not even representational in nature—the possibility of expressivist conceptual analysis shows that Jackson’s theory of conceptual analysis is incomplete as it currently stands. I conclude that Jackson needs to either shift his basic understanding of the nature of conceptual analysis or commit to a particular normative reinterpretation of his project. (shrink)

The past few decades have witnessed an extraordinary revival of interest in metanormative non-naturalism. Despite this interest, it is still unclear how to understand the distinctive metaphysical commitments of this view. We illustrate the relevant difficulties by examining what is arguably the most prominent class of contemporary attempts to formulate non-naturalism’s metaphysical commitments. This class of proposals, exemplified in work by Gideon Rosen and Stephanie Leary, characterizes the distinctive metaphysical commitments of non-naturalism in terms of metaphysical grounding and essence. We (...) argue that these proposals overgeneralize: they either misclassify intuitively naturalistic hypotheses about the metaphysics of normativity as “non-naturalist”, or misclassify hypotheses in other areas of metaphysics. We argue that this problem stems from features of grounding itself. We suggest a more promising alternative for formulating non-naturalism, which revolves around the notion of objective similarity between classes of properties. We conclude by drawing some general lessons for inquiry about the metaphysics of normativity, and about metaphysics in general. (shrink)

This paper argues for the value of distinguishing two projects concerning our normative and evaluative thought and talk, which we dub “metanormative inquiry” and “the conceptual ethics of normativity” respectively. The first half of the paper offers a substantive account of each project and of the relationship between them. Roughly, metanormative inquiry aims to understand actual normative and evaluative thought and talk, and what (if anything) it is distinctively about, while the conceptual ethics of normativity engages in normative or evaluative (...) reflection on normative and evaluative thought and talk. We explore how certain theories of content determination complicate the distinction between these projects, but argue that both the distinction and its significance survive these complications. The second half of the paper argues that attention to the distinction between these projects can promote progress in both projects in three ways. First, it can transform our understanding and evaluation of views that are routinely classified as part of “metaethics”. Second, it can help us to identify important theoretical options that otherwise tend to remain obscure. And, third, it can help us to avoid tempting but fallacious arguments which can easily arise if the projects are not distinguished. (shrink)

One of the primary goals of Pettit’s The Birth of Ethics is to offer a novel defense of a form of naturalistic realism in metaethics, drawing on a kind of “counterfactual genealogy” for ethical thought and talk, in a community he dubs “Erewhon”. We argue that Pettit’s argument faces a deep dilemma. The dilemma begins by noting the reasonable controversy about which metaethical view is true of our ethical thought and talk. We then ask: is the thought and talk in (...) Pettit’s Erewhon apt for the same reasonable controversy? If so, this raises doubts about Pettit’s case for naturalistic realism about Erewhonian “ethical” thought and talk. If not, this disanalogy between Erewhonian “ethical” thought and talk and our ethical thought and talk renders it difficult to argue smoothly from Erewhonian premises to conclusions about our own ethical thought and talk. We then consider an alternative use that someone might make of Pettit’s discussion of Erewhon: as part of a conceptual ethics argument that we should use “ethical” concepts that are relevantly similarly to the ones described in Erewhon. We conclude by reflecting on the broader methodological significance of the sort of dilemma that we have posed. (shrink)

In his later work, such as “The Question Concerning Technology”, Martin Heidegger puts forward a critique of modern technology. Alongside this critique, Heidegger presents a kind of positive alternative through his discussion of “dwelling”. I put forward a reading of Heidegger’s critique of modern technology and his embrace of “dwelling”. On my reading, Heidegger’s thinking centers on the idea that modern technology’s form of “world-disclosure” prevents human beings from encountering (and then living in light of) our own essence. In contrast, (...) he takes “dwelling” to allow us to do that. When humans dwell, they also live in such a way as to (purportedly) allow other things (e.g. rivers) to exist in accordance with their own essence. I argue that, for Heidegger, the (purported) truth that humans should live in accord with our own essence is explanatorily prior to the (purported) truth that humans should let other things exist in accordance with their own essence. Following this interpretative argument, I reflect on some of the promises of this position that I attribute to Heidegger, along with some of the most pressing challenges facing those who might want to further develop it. (shrink)

In this paper, I provide a new argument in support of a concessive response to the Ravens Paradox. The argument I offer stems from Mark Schroeder's Gricean explanation for why existential judgments about normative reasons for action are unreliable. In short, I argue that Schroeder's work suggests that, in the case of the Ravens Paradox, people are running together the issue of what's assertible about evidence with what's true about evidence. Once these issues are pulled apart, we have reason to (...) think that the negative existential judgment about evidence that drives the Ravens Paradox is mistaken, and thus that there is in fact no paradox here at all. (shrink)