According to H.L.A. Hart's analysis, to utter an internal legal statement is partly to express an acceptance of a set of norms. This article attempts to defend Hart's conception of internal legal discourse by responding to the following three lines of criticism that can be found in Joseph Raz's writings: (i) that Hart's analysis fails to account for what Raz calls ‘detached legal statements’; (ii) that Hart's deployment of the notion of acceptance in his analysis vitiates his legal positivist project (...) because such acceptance necessarily amounts to moral endorsement; and (iii) that Hart is wrong to assume that normative practices, including discursive legal practices, can be characterized satisfactorily by deploying only descriptive statements. I argue that Hart's theory, or at least a theory along the lines that Hart developed, has sufficient resources to handle satisfactorily these criticisms. His world is a noonday world in which sharply outlined figures, most of them more than a little singular, act in describable ways against perceptible backgrounds. Clifford Geertz, speaking of Sir Edward Evan Evans-Pritchard. (shrink)

The nature of the relation between jurisprudential theories and first-order legal judgments is a strangely uncontroversial matter in contemporary legal philosophy. There is one dominant conception of the relation according to which jurisprudential theories are second-order or meta-legal theories that specify the ultimate grounds of first-order legal judgments. According to this conception, difficult first-order legal disputes are to be resolved by jurisprudential theorizing. According to an alternative conception that Ronald Dworkin has influentially advocated, jurisprudential theories are not second-order theories about (...) the nature of law, but instead covert first-order legal theories. These two conceptions of the relation between jurisprudential theories and first-order legal judgments dominate the contemporary legal philosophical scene and crowd out other possible conceptions. This article scrutinizes the two conceptions, and in the process raises the possibility of a different and arguably more credible conception. According to this new conception, our first-order legal views and a jurisprudential theory that we accept are supposed to form a mutually disciplining and supporting set of views that we accept in our pursuit of the epistemic ideal of wide reflective equilibrium. The two sets of views are supposed to constrain and discipline each other; but neither is meant to underwrite, certify, or ultimately determine the contents of the other. This new conception, which allows the relation between jurisprudential theories and first-order legal judgments to be much looser, untidier, and more complex than what the two dominant conceptions imply, should facilitate progress in legal philosophy and in first-order legal thinking. (shrink)

This paper seeks to uncover and rationally reconstruct four theoretical prescriptions that H. L. A. Hart urged philosophers to observe and follow when investigating and theorizing about the nature of law. The four prescriptions may appear meager and insignificant when each is seen in isolation, but together as an inter-connected set they have substantial implications. In effect, they constitute a central part of Hart's campaign to put philosophical investigations about the nature of law onto a path to a genuine research (...) program. The paper takes note of certain prevalent and robust trends in contemporary legal philosophy that detract its practitioners from the four prescriptions, and that have them revert to the some older modes of thinking from which Hart sought a decisive break. A number of contemporary legal philosophers' views and commitments are taken up and assessed, and in particular those of John Gardner and Leslie Green. ‘Yet the answer is a prosaic one: don’t ask what time is but how the word ‘time’ is being used’.Friedrich Waismann.I miss the future.Jaron Lanier. (shrink)

According to philosophical orthodoxy, the parties to moral or legal disputes genuinely disagree only if their uses of key normative terms in the dispute express the same meaning. Recently, however, this orthodoxy has been challenged. According to an influential alternative view, genuine moral and legal disagreements should be understood as metalinguistic negotiations over which meaning a given term should have. In this paper, we argue that the shared meaning view is motivated by much deeper considerations than its recent critics recognize, (...) and that much would be lost in opting for the explanation of normative disputes as metalinguistic negotiations. (shrink)

This paper seeks to uncover and rationally reconstruct four theoretical prescriptions that H. L. A. Hart urged philosophers to observe and follow when investigating and theorizing about the nature of law. The four prescriptions may appear meager and insignificant when each is seen in isolation, but together as an inter-connected set they have substantial implications. In effect, they constitute a central part of Hart’s campaign to put philosophical investigations about the nature of law onto a path to a genuine research (...) program. The paper takes note of certain prevalent and robust trends in contemporary legal philosophy that detract its practitioners from the four prescriptions, and that have them revert to the some older modes of thinking from which Hart sought a decisive break. A number of contemporary legal philosophers’ views and commitments are taken up and assessed, and in particular those of John Gardner and Leslie Green. (shrink)

According to a widely held view, people's commitments to laws are dependent on the existence in their community of a conventional practice of complying with certain fundamental laws. This conventionalism has significantly hampered our attempts to explain the normative practice of law. Ronald Dworkin has argued against conventionalism by bringing up the phenomenon of persistent fundamental legal controversies, but neither Dworkin nor his legal positivist respondents have correctly understood the real significance of such controversies. This article argues that such controversies (...) pose a deep challenge to any conception of our legal practice as a genuinely normative, rule-mediated, practice. The article also argues that what is needed to deflect this challenge is a new understanding – different from the widely held conventionalist understanding – of how people's commitments to laws are predicated on their fellows’ like commitments. (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)

ABSTRACTWhat does it take for lawyers and others to think or talk about the same legal topic—e.g., defamation, culpability? We argue that people are able to think or talk about the same topic not when they possess a matching substantive understanding of the topic, as traditional metasemantics says, but instead when their thoughts or utterances are related to each other in certain ways. And what determines the content of thoughts and utterances is what would best serve the core purposes of (...) the representational practice within which the thought or utterance is located. In thus favoring a “relational model” in metasemantics, we share Ronald Dworkin's goal of explaining fundamental legal disagreements, and also his reliance on constructive interpretation. But what we delineate is a far more general and explanatorily resourceful metasemantics than what Dworkin articulated, which also bypasses some controversial implications for the nature of law that Dworkin alleged. (shrink)

This paper criticises Kevin Toh’s expressivist reconstruction of H. L. A. Hart’s semantics of legal statements on the grounds that two implications of Toh’s reading are arguably too disruptive to Hart’s theory of law. The first of these implications is that legal statements are rendered indistinguishable from statements of value. The second is that the concept of a rule of recognition is rendered dispensable. I argue for the unacceptability of these consequences from a Hartian standpoint in the first two (...) sections of this paper. The last two sections present an alternative view of Hart’s semantics of legal statements, according to which legal normativity is explained in terms of conformity to patterns of validity that by themselves neither provide objective reasons for action nor entail subjective acceptance of such reasons. (shrink)

The social fact thesis, is, roughly, that law is ultimately a matter of social fact. Mark Greenberg and Kevin Toh have launched transcendental arguments against important or interesting general versions of the social fact thesis. Together, they can be read as posing a dilemma for the thesis. Suppose that many correct assertions of law are normative. Then, according to Toh, the considerations in virtue of which they are correct cannot ultimately be social facts, because the derivation of any normative (...) conclusion requires a normative premise. Suppose that correct assertions of law are not normative. Then, according to Greenberg, they cannot state legal facts in virtue of social facts alone, because the very nature of law requires a particular kind of rational connection between determinants of legal facts and legal facts. Social facts cannot meet this demand; (non-legal) normative facts are needed. In short, Greenberg and Toh together claim that the social fact thesis is consistent with neither the existence nor the normativity of law. This essay meets their challenge. (shrink)

The social fact thesis, is, roughly, that law is ultimately a matter of social fact. Mark Greenberg and Kevin Toh have launched transcendental arguments against important or interesting general versions of the social fact thesis. Together, they can be read as posing a dilemma for the thesis. Suppose that many correct assertions of law are normative. Then, according to Toh, the considerations in virtue of which they are correct cannot ultimately be social facts, because the derivation of any normative (...) conclusion requires a normative premise. Suppose that correct assertions of law are not normative. Then, according to Greenberg, they cannot state legal facts in virtue of social facts alone, because the very nature of law requires a particular kind of rational connection between determinants of legal facts and legal facts. Social facts cannot meet this demand; (non-legal) normative facts are needed. In short, Greenberg and Toh together claim that the social fact thesis is consistent with neither the existence nor the normativity of law. This essay meets their challenge. (shrink)

A number of philosophers in recent years have maintained that H. L. A. Hart in The Concept of Law propounded an expressivist account of the semantics of the legal statements that are uttered from the internal viewpoint of the people who run the institutions of legal governance in any jurisdiction. Although the primary aim of this article is to attack the attribution of that semantic doctrine to Hart, the article will begin with some metaphysical matters—the matters of reductionism and naturalism—that (...) often lie behind the development of expressivist approaches to the semantics of normative discourse. After briefly exploring those metaphysical concerns (to which I will return later), the article will begin its main discussion by rehearsing the distinction between the semantics and the pragmatics of utterances. It will then delineate the doctrine of expressivism which the aforementioned philosophers have in mind when they ascribe that doctrine to Hart. Although I will make reference to a few such philosophers, I will focus chiefly on an article by Kevin Toh that has been the fountainhead of all the subsequent attributions of expressivism to Hart. As will be argued herein, Toh and like‐minded philosophers have gone astray in imputing to Hart a semantic version of expressivism. Notwithstanding that Hart’s theory of law can aptly be characterized as expressivist, that characterization is appropriate only when expressivism is understood as an account of the pragmatics of legal statements rather than as an account of their semantics. (shrink)

There are at least three well-known accounts of value and evaluations which assign a central role to emotions. There is first of all the emotivist view, according to which evaluations express or manifest emotional states or attitudes but have no truth values. Second is the dispositionalist view, according to which to possess a value or axiological property is to be capable of provoking or to be likely to provoke emotional responses in subjects characterised in certain ways. Third, there is an (...) epistemology of values that is sometimes invoked by the naïve realist. If the naïve realist is one for whom evaluations are made true by the possession by objects of monadic, mind-independent axiological properties, then one natural question is: What sort of cognitive access do we have to such properties? These value properties, the realist may say, are properties we come to know of by virtue of our emotions. Emotions, he may say, present value properties to us. One variant of this view is the claim that values are the "formal objects" of emotions. Closely related to these claims is the view that our emotions are appropriate to value properties, or not. Indignation and injustice, it is sometimes said, are related in one or more of these three ways. (shrink)

Several leadership and ethics scholars suggest that the transformational leadership process is predicated on a divergent set of ethical values compared to transactional leadership. Theoretical accounts declare that deontological ethics should be associated with transformational leadership while transactional leadership is likely related to teleological ethics. However, very little empirical research supports these claims. Furthermore, despite calls for increasing attention as to how leaders influence their followers’ perceptions of the importance of ethics and corporate social responsibility (CSR) for organizational effectiveness, no (...) empirical study to date has assessed the comparative impact of transformational and transactional leadership styles on follower CSR attitudes. Data from 122 organizational leaders and 458 of their followers indicated that leader deontological ethical values (altruism, universal rights, Kantian principles, etc.) were strongly associated with follower ratings of transformational leadership, while leader teleological ethical values (utilitarianism) were related to follower ratings of transactional leadership. As predicted, only transformational leadership was associated with follower beliefs in the stakeholder view of CSR. Implications for the study and practice of ethical leadership, future research directions, and management education are discussed. (shrink)

This is my reply to five extended critical assessments of my book Law as a Leap of Faith, appearing together in a symposium issue of Law and Philosophy. The critics are Kevin Toh, Luís Duarte d’Almeida and James Edwards, Fábio Perin Shecaira, Cristina Redondo, and Matthew Smith. The topics include H.L.A. Hart’s philosophical legacy, the moral claims of law, the nature of legal reasoning, the doctrine of legal positivism, and the possibility of alienation from law.

This study presents the results of an empirical analysis of the relationship between managerial thinking style and ethical decision-making. Data from 200 managers across multiple organizations and industries demonstrated that managers predominantly adopt a utilitarian perspective when forming ethical intent across a series of business ethics vignettes. Consistent with expectations, managers utilizing a balanced linear/nonlinear thinking style demonstrated a greater overall willingness to provide ethical decisions across ethics vignettes compared to managers with a predominantly linear thinking style. However, results comparing (...) the ethical decision-making of balanced thinking managers and nonlinear thinking managers were generally inconsistent across the ethics vignettes. Unexpectedly, managers utilizing a balanced linear/nonlinear thinking style were least likely to adopt an act utilitarian rationale for ethical decision-making across the vignettes, suggesting that balanced thinkers may be more likely to produce ethical decisions by considering a wider range of alternatives and ruling out those that are justified solely on the basis of their outcomes. Implications are discussed for future research and practice related to management education and development, and ethical decision-making theory. (shrink)

Scholarship in experimental jurisprudence has reported surprising findings about various concepts of legal significance: _acting intentionally_, _causation_, _consent_, _knowledge, recklessness_, _reasonableness,_ and _law_ itself. Often, these studies examine laypeople’s ordinary concepts and draw broader conclusions about legal experts’ concepts. This Article questions such inferences, from empirical findings about ordinary concepts to conclusions about the concepts of those with legal expertise. It presents a case study concerning what it means to act _intentionally._ An experiment examines intentionality judgments across four populations (N (...) = 774): laypeople, law students, non-law students, and United States judges. Legal training affected judgments in three ways that are consistent with the acquisition of a distinctive legal concept. This case study supports the Article’s broader claim: Laypeople’s ordinary concepts are not equivalent to experts’ legal concepts. The acquisition of legal concepts is an important form of legal expertise. (shrink)

Gerald Gaus was one of the leading liberal theorists of the early twenty-first century. He defended liberal order based on its unique capacity to handle deep disagreement and pressed liberals toward a principled openness to pluralism and diversity. Yet, almost everything written about Gaus's work is evaluative: determining whether his arguments succeed or fail. This essay breaks from the pack by outlining underlying themes in his work. I argue that Gaus explored how to sustain moral relations between persons in light (...) of the institutional threats of social control, evaluative pluralism, and institutional complexity, and the psychological threat of acting solely from what I shall call themere first-personal point of view. The idea of public justification is the key to sustaining moral relations in the face of such challenges. When a society's moral and political rules are justified to each person, moral relations survive the threats they face. (shrink)

In three studies, we examined the relationship between implicit negotiation beliefs, moral disengagement, and a negotiator’s ethical attitudes and behavior. Study 1 found correlations between an entity theory that negotiation skills are fixed rather than malleable, moral disengagement, and appropriateness of marginally ethical negotiation tactics. Mediation analysis supported a model in which moral disengagement facilitated the relationship between entity theory and support for unethical tactics. Study 2 provided additional support for the mediation model in a sample of MBA students, whereby (...) predispositions to morally disengage mediated the effect of dispositional entity beliefs on unethical behavior in a negotiation exercise. In study 3, we manipulated implicit beliefs prior to a negotiation simulation and found that entity beliefs predict deception through two sequential mediators, extreme opening bids and state moral disengagement. (shrink)

One of the most interesting challenges facing paleobiologists is explaining the Cambrian explosion, the dramatic appearance of most metazoan animal phyla in the Early Cambrian, and the subsequent stability of these body plans over the ensuing 530 million years. We propose that because phenotypic variation decreases through geologic time, because microRNAs (miRNAs) increase genic precision, by turning an imprecise number of mRNA transcripts into a more precise number of protein molecules, and because miRNAs are continuously being added to metazoan genomes (...) through geologic time, miRNAs might be instrumental in the canalization of development. Further, miRNAs ultimately allow for natural selection to elaborate morphological complexity, because by reducing gene expression variability, miRNAs increase heritability, allowing selection to change characters more effectively. Hence, miRNAs might play an important role in shaping metazoan macroevolution, and might be part of the solution to the Cambrian conundrum. (shrink)

The author of this text argues that the methodological issues in bioethics mirrors the experience of moral pluralism in a secular society. The different methods that have been used in the field reflect the different moral views found in a pluralistic society.

Questions concerning free will are intertwined with issues in almost every area of philosophy, from metaphysics to philosophy of mind to moral philosophy, and are also informed by work in different areas of science. Free will is also a perennial concern of serious thinkers in theology and in non-western traditions. Because free will can be approached from so many different perspectives and has implications for so many debates, a comprehensive survey needs to encompass an enormous range of approaches. This book (...) is the first to draw together leading experts on every aspect of free will, from those who are central to the current philosophical debates, to non-western perspectives, to scientific contributions and to those who know the rich history of the subject. Its 61 chapters, commissioned especially for this volume from the world’s leading researchers, are framed by a General Introduction and briefer introductions for each of the six sections. A list of References, an annotated Suggested Reading list, and a short list of Related Topics are included at the end of each chapter. (shrink)

Rousseau's general will is mostly interpreted as promoting social unity at the expense of plurality. Conversely, this article argues that the general will depends on, and preserves, plurality for its formation and legitimacy. The general and the particular are not fixed opposites, for Rousseau, but are interdependent and contextually defined. The Rousseauian universal anticipates Laclau's notion of universality. The absence of any natural foundations for society deprives the universal of any pre-given identity. Likewise, the Laclauian universal names the lack of (...) ultimate ground for society. To prevent either sectarianism or despotism, the universal has to be constructed politically. Rousseau's contingent general will supplements the lack of universality, as diverse groups and individuals construct common values and political objectives that unify them across divisions without suppressing their difference. Due to its originary lack, the general will remains for ever incomplete. That incompleteness conditions the questioning, ambiguity and openness to change characterizing democracy. Key Words: democracy • equality • freedom • general will • Ernesto Laclau • particular • plurality • Jean-Jacques Rousseau • sovereignty • universal. (shrink)

According to Roderick Chisholm, there are three ways of responding to the Problem of the Criterion and they all leave something to be desired. Michael DePaul, Paul Moser, and Earl Conee have each proposed variations of a fourth way of responding to this problem that rely on reflective equilibrium. We argue that these four options for responding to the Problem of the Criterion leave one with a tough choice: accept one of the three that Chisholm describes or DePaul’s reflective equilibrium (...) approach and beg the question or accept a reflective equilibrium response of the sort Conee and Moser propose and embrace epistemic circularity. (shrink)

In this essay, I claim that certain passages in Book IV of Benedict de Spinoza’s Ethics suggest a novel version of what is known as metaethical constructivism. The constructivist interpretation emerges in the course of attempting to resolve a tension between Spinoza’s apparent ethical egoism and some remarks he makes about the efficacy of collaborating with the right partners when attempting to promote our individual self-interest. Though Spinoza maintains that individuals necessarily aim to promote their self-interest, I argue that Spinoza (...) has an atypical conception of self that allows the interests of other people to be partially constitutive of one's own self-interest. In this way, Spinoza can account for the rationality of concern for the interests of others. This interpretation attributes to Spinoza a form of constructivism that differs in important ways from contemporary Humean and Kantian constructivisms and which can in principle be detached from Spinoza’s particular metaphysical commitments in order to yield a third general category of constructivist view. Though my treatment is necessarily brief, it is my hope that it can serve both to motivate a constructivist reading of Spinoza and, perhaps even more crucially, to suggest a Spinozistic variety of constructivism as a live theoretical option in metaethics. (shrink)

In this piece, Vallier responds to critiques of his 2020 book, Trust in a Polarized Age, offered by Mutz, Méon, Kukathas, and Weithman. He first restates the main argument of the book. Mutz and Méon offer criticisms to some of his empirical claims about polarization and trust; in response, Vallier concedes while stressing that one aim of the book is to develop an approach to defending liberal order that updates as these empirical literatures expand and improve. Much of the work (...) Mutz and Méon discuss can be integrated into the book’s broader project. Kukathas and Weithman criticize Vallier’s normative claims, which Vallier defends. (shrink)

The era of the Cyborg is now upon us. This has enormous implications on ethical values for both humans and cyborgs. In this paper the state of play is discussed. Routes to cyborgisation are introduced and different types of Cyborg are considered. The author's own self-experimentation projects are described as central to the theme taken. The presentation involves ethical aspects of cyborgisation both as it stands now and those which need to be investigated in the near future as the effects (...) of increased technological power have a more dramatic influence. An important feature is the potential for cyborgs to act against, rather than for, the interests of humanity. (shrink)

This paper looks at some of the different practical cyborgs that are realistically possible now. It firstly describes the technical basis for such cyborgs then discusses the results from experiments in terms of their meaning, possible applications and ethical implications. An attempt has been made to cover a wide variety of possibilities. Human implantation and the merger of biology and technology are important factors here. The article is not intended to be seen as the final word on these issues, but (...) rather to give an initial overview. Most of the experiments described are drawn from the author’s personal experience over the last 15 years. (shrink)

In this paper a look is taken at the relatively new area of culturing neural tissue and embodying it in a mobile robot platform—essentially giving a robot a biological brain. Present technology and practice is discussed. New trends and the potential effects of and in this area are also indicated. This has a potential major impact with regard to society and ethical issues and hence some initial observations are made. Some initial issues are also considered with regard to the potential (...) consciousness of such a brain. (shrink)

Recent experimental studies in cognitive science report the influence of “disgust” and “cleanliness” manipulations on moral judgment, yet little attention has been given to interpreting these studies together or developing models of the causal influence of cleanliness and disgust manipulations on moral judgment. I propose considerations for the causal modeling of these effects. The conclusions are not decisive in favor of one theory of disgust and cleanliness, but suggest several distinct causal roles of disgust- and cleanliness-type manipulations. The incorrect views, (...) I argue, are those that posit causal effects from a single common cognitive mechanism for both disgust and cleanliness. (shrink)

The Philosopher's Song explores the complex and fruitful relation between the great poets of Greek culture and Plato's invention of philosophy, especially as this bears on Plato's treatment of justice. The author shows how the poets helped shape the development of Plato's thinking throughout the course of his philosophical career.

My goal in this chapter is to consider the connection between an agent’s moral character and those actions that she is capable of freely performing. Most of these connections hold for all moral agents, but my particular focus will be on the specific case of divine agency. That is, I’m primarily interested in the connection between God’s moral character and His exercise of His free agency. As I will argue, even if an agent’s character determines her choices or actions, that (...) doesn’t threaten the agent’s freedom so long as her character is formed in the right way.1 (Or, perhaps more accurately, so long as it’s not formed in the wrong way. And I do not see how God’s character could be formed in such a way that would undermine the exercise of His agency.) I proceed as follows. First, I explore the relationship between what an agent freely chooses to do and her moral character in general. I then address the relationship between God’s character, His reasons, and His freedom, on the assumptions of Perfect Being Theology.2 In the third section, I turn to the compatibility question, and show how an incompatibilist could agree with everything I say in the first two sections. That is, I argue that the considerations to which I appeal regarding divine freedom do not force the Perfect Being theologian to endorse compatibilism (though they also don’t prove incompatibilism). (shrink)

The Discourse on Inequality disputes the human–animal hierarchy in its denunciation of social inequality as unnatural. Stripping away social artifice, it reveals a deep physical continuity between...

A question as old as the study of rhetoric itself, how we might conceive of the ethical basis of persuasion, is as pressing an issue today as ever. One of the earliest critiques of rhetoric comes from Plato's Phaedrus, in which rhetoric is likened to lust, seduction, domination, and even rape in its stance toward the other. Indeed, rhetorical scholarship has remained in contestation with these depictions of rhetoric as akin to coercion and violence.1 Unable to shake Plato's damning criticisms, (...) Plato has become a perpetual interlocutor and sparring partner in the debate regarding rhetorical ethics, leaving rhetorical scholars, as Michael Dues and Mary Brown claim, "boxing Plato's shadow" in attempts to... (shrink)