Ethical questions have traditionally been approached through conceptual analysis. Inspired by the rapid advance of modern brain imaging techniques, however, some ethical questions appear in a new light. For example, hotly debated trolley dilemmas have recently been studied by psychologists and neuroscientists alike, arguing that their findings can support or debunk moral intuitions that underlie those dilemmas. Resulting from the wedding of philosophy and neuroscience, neuroethics has emerged as a novel interdisciplinary field that aims at drawing conclusive relationships between neuroscientific (...) observations and normative ethics. A major goal of neuroethics is to derive normative ethical conclusions from the investigation of neural and psychological mechanisms underlying ethical theories, as well as moral judgments and intuitions. The focus of this article is to shed light on the structure and functioning of neuroethical arguments of this sort, and to reveal particular methodological challenges that lie concealed therein. We discuss the methodological problem of how one can—or, as the case may be, cannot—validly infer normative conclusions from neuroscientific observations. Moreover, we raise the issue of how preexisting normative ethical convictions threaten to invalidate the interpretation of neuroscientific data, and thus arrive at question-begging conclusions. Nonetheless, this is not to deny that current neuroethics rightly presumes that moral considerations about actual human lives demand empirically substantiated answers. Therefore, in conclusion, we offer some preliminary reflections on how the discussed methodological challenges can be met. (shrink)

The main aim of this paper is to identify a type of fact-given warrant for action that is distinct from reason-based justification for action and defend the view that there are two types of practical warrant. The idea that there are two types of warrant is familiar in epistemology, but has not received much attention in debates on practical normativity. On the view that I will defend, normative facts, qua facts, give rise to entitlement warrant for action. But they (...) do not, qua facts, give rise to reason-based warrant. Normative practical reasons, I will argue, are true propositions that represent fact-based favouring and that are made true by normative facts. (shrink)

This paper reviews the characteristics of anorexia nervosa described in the DSM-III-R , relates them to normative gender roles and adolescent development, and critiques those roles on feminist grounds. Two apparently contradictory explanations for the irrational pursuit of thinness are considered: a) the anorexic thus attempts to conform to a socially defined feminine ideal; b) the anorexic thus attempts to avoid the appearance and consequences of mature womanhood. I propose that both explanations are applicable, together emplifying the ambiguity that Simone (...) de Beauvoir considers characteristic of female experience. Because both explanations suggest a gender identity disorder, I question the fact that the DSM-III-R fails to indicate this linkage. I argue further that therapeutic considerations require efforts to alter the socialization factors that are implicative in anorexia nervosa. Keywords: anorexia nervosa, diagnoses, feminism, philosophy of biology, psychiatry CiteULike Connotea Del.icio.us What's this? (shrink)

Just as different sciences deal with different facts—say, physics versus biology—so we may ask a similar question about normative theories. Is normative political theory concerned with the same normative facts as moral theory or different ones? By developing an analogy with the sciences, we argue that the normative facts of political theory belong to a higher— more coarse-grained—level than those of moral theory. The latter are multiply realizable by the former: competing facts at the moral level can underpin the same (...) facts at the political one. Consequently, some questions that moral theories answer are indeterminate at the political level. This proposal offers a novel interpretation of John Rawls’s idea that, in public reasoning, we should abstract away from comprehensive moral doctrines. We contrast our distinction between facts at different levels with the distinction between admissible and inadmissible evidence and discuss some implications for the practice of political theory. (shrink)

In ‘Normative Facts and Reasons’, Fabienne Peter proposes that there are two different types of practical warrant, which she terms ‘entitlement warrant’ and ‘reason-based justification’. This thesis relies fundamentally on her distinction between normative facts and normative reasons. I will raise two general critical observations. First, I will claim that Peter advocates a representation-dependent conception of reasons that is at odds with an intuitive and accepted understanding of them. Second, I will contend that reasons need not be the entities we (...) directly handle in our deliberations, which undermines the idea that reasons are propositions. In this way, her distinction fails: normative reasons are just normative facts. This implies that the existence of two types of practical warrant, based either on normative facts or reasons, is unfounded. (shrink)

Much moral skepticism stems from the charge that moral facts do not figure in causal explanations. However, philosophers committed to normative epistemological discourse (by which I mean our practice of evaluating beliefs as justified or unjustified, and so forth) are in no position to demand that normative facts serve such a role, since epistemic facts are causally impotent as well. I argue instead that pragmatic reasons can justify our continued participation in practices which, like morality and epistemology, do not serve (...) the function of causal explanation. Finally, I defend this pragmatic justification of morality and epistemology against a number of objections, including the objection that it confuses practical and theoretical justification. (shrink)

In this paper, I deploy an argument that I have developed in a number of recent papers in the service of three projects. First, I show that the most influential version of legal positivism – that associated with H.L.A. Hart – fails. The argument’s engine is a requirement that a constitutive account of legal facts must meet. According to this rational-relation requirement, it is not enough for a constitutive account of legal facts to specify non-legal facts that modally determine the (...) legal facts. The constitutive determinants of legal facts must provide reasons for the obtaining of the legal facts (in a sense of “reason” that I develop). I show that the Hartian account is unable to meet this requirement. That officials accept a rule of recognition does not by itself constitute a reason why the standards specified in that rule are part of the law of the community. I argue that it is false that understanding the explanatory significance of officials’ acceptance of a rule is part of our reflective understanding of the nature of law. The second project of the paper is to respond to a family of objections that challenge me to explain why normative facts and descriptive facts together are better placed to provide reasons for legal facts than descriptive facts alone. A unifying theme of the objections is that explanations have to stop somewhere; descriptive facts, it is suggested, are no worse a stopping place than normative facts. Third, the paper spells out a consequence of the rational-relation requirement: if an account of what, at the most basic level, determines legal facts is true in any possible legal system, it is true in all possible legal systems. For example, if a Hartian account of legal facts is true in any possible legal system, it is true in all possible legal systems. I use this all-or-nothing result in my critique of a Hartian account, but the result is of interest in its own right. (shrink)

In his essay “Pre-Conventions: A Fragment of the Background”, Bruno Celano seems to endorse three claims about what he calls ‘pre-conventions’: that such ‘entities’ exist; that they are neither rules nor de facto regularities; and that their ‘character’ is at once factual and normative: that pre-conventions are “literally, ‘normative facts’.” I suggest that and are not particularly striking claims, and that Celano’s case for is unpersuasive.

In “Pre-Conventions. A Fragment of the Background”, Celano argues that there are ways of acting that can be called “conventions” which are, literally, normative facts. There are a number of interesting claims in Celano’s paper about the nature of these conventions, and showing that they amount to normative facts is only part of his strategy for establishing their significance. But given that the question of whether there are normative facts deserves a treatment of its own, the paper inquires whether Celano’s (...) account of normative facts is plausible. It then makes three claims. First, it claims that Celano’s account of normative facts is in need of clarification. Amongst other reasons, there is no proper characterisation of either the concept of fact or of the concept of norm. Second, the paper claims that, under a relatively acceptable way of understanding facts and norms, Celano’s argument in favour of normative facts needs to be completed. But if the argument is completed by appealing to the general philosophical outlook which Celano seems inclined to employ, the argument reaches a point where it becomes unstable. This does not, of course, mean that the project should be abandoned. An argument within the same line of thought may be available. But the prospect seems uninviting. So, thirdly, the paper proposes a sketch of an alternative, Kantian-like conception of normative facts based on an argument put forward by Christine Korsgaard. (shrink)

The canon is a flexible, normative fact. I speak here of the philosophical canon, though I believe only minor adjustments would be needed to extend the argument to the literary canon.

In Kelsen's formalist and reductionist theory of law, the concepts of `authority' and `competence' may be explained exclusively in terms of those norms on which the validity of other legal norms or of legal acts is dependent. Kelsen describes the nature of these norms in different ways; at least three different conceptions can be distinguished. A rational reconstruction of the most plausible of these conceptions will understand sentences expressing such `norms of competence' either to state truth conditions for normative sentences (...) of a lower level or to state criteria for an act to be a legal act. In both functions, norms of competence regulate the creation of normative facts. (shrink)

In Kelsen's formalist and reductionisttheory of law, the concepts of `authority' and`competence' may be explained exclusively in termsof those norms on which the validity of other legalnorms or of legal acts is dependent. Kelsen describesthe nature of these norms in different ways; at leastthree different conceptions can be distinguished. Arational reconstruction of the most plausible of theseconceptions will understand sentences expressing such`norms of competence' either to state truthconditions for normative sentences of a lower level orto state criteria for an act (...) to be a legal act. Inboth functions, norms of competence regulate thecreation of normative facts. (shrink)

Many philosophers have been concerned with the nature of thick normative concepts. In this paper, I try to motivate a different project: understanding the nature of thick normative properties and facts. I propose a ground-theoretic approach to this project. I then argue that some of the simplest and most initially plausible ways of understanding thick facts fail, and that we are forced to accept some initially implausible views. I try to show how these views are not so implausible after all.

People can be uncertain in their moral judgments. Philosophers have argued that such uncertainty can either refer to the underlying empirical facts (empirical uncertainty) or to the normative evaluation of these facts itself (normative uncertainty). Psychological investigations of this distinction, however, are rare. In this paper, we combined factor-analytical and experimental approaches to show that empirical and normative uncertainty describe two related but different psychological states. In Study 1, we asked N = 265 participants to describe a case of moral (...) uncertainty and to rate different aspects of their uncertainty about this case. Across this wide range of moral scenarios, our items loaded onto three reliable factors: lack of information, unclear consequences, and normative uncertainty. In Study 2, we confirmed this factor structure using predefined stimulus material. N = 402 participants each rated eight scenarios that systematically varied in their degree of uncertainty regarding the consequences of the described actions and in the value conflict that was inherent to them. The empirical uncertainty factors were mainly affected by the introduction of uncertainty regarding consequences, and the normative uncertainty factor was mainly affected by the introduction of value conflict. Our studies provide evidence that the distinction between empirical and normative uncertainty accurately describes a psychological reality. We discuss the relevance of our findings for research on moral judgments and decision-making, and folk metaethics. (shrink)

In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, (...) noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

I present and defend (1) an account of ethical judgments as judgments about our reasons to feel specific motivationally laden attitudes, (2) an account of what an agent should do in terms of what would achieve ends that she has reason to be motivated to pursue, and (3) an account of an agent’s reasons for motivation (and thus action) in terms of the prescriptions of the most fundamental principles that guide her deliberations. Using these accounts, I explain the connection between (...) ethics and reasons for action, how ethical judgments are both descriptive and intrinsically motivating, and how ethical facts arise from facts about agents’ deliberations. (shrink)

Norms explained as grounds of practical judgment, using example of queue. Some norms informal, inexact, depend on common understanding ; some articulated in context of two-tier normative order: `rules', explicit or implicit. Logical structure of rules displayed. Informal and formal normative order explained, `institutional facts ' depend on acts and events interpreted in the light of normative order. Practical force of rules differentiated; either `absolute application' or `strict application' or `discretionary application', depending on second-tier empowerment. Discretion can be guided by (...) values, principles standards. Pervasiveness of institutions and institutional facts, especially but not only in relation to institutions of state-law, including constitution and state-institutions. Searle's and Ruiter's theories of institution, institutional fact, considered: `constitutive rule' rejected in favour of `underlying principle', structure of `institutive, consequential and terminative' rules explained and defended. Ruiter's conception of `institutional `régime' considered and adopted, validity of norms and normative `régimes' considered and differentiated from truth of statements of institutional fact. (shrink)

In Between Facts and Norms Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action, bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more.The introduction by William Rehg succinctly captures the special nature of the work, noting that (...) it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so- called liberals and civic republicans.The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book.Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

In our everyday lives we struggle with the notions of why we do what we do and the need to assign values to our actions. Somehow, it seems possible through experience and life to gain knowledge and understanding of such matters. Yet once we start delving deeper into the concepts that underwrite these domains of thought and actions, we face a philosophical disappointment. In contrast to the world of facts, values and morality seem insecure, uncomfortably situated, easily influenced by illusion (...) or ideology. How can we apply this same objectivity and accuracy to the spheres of value and morality? In the essays included in this collection, Peter Railton shows how a fairly sober, naturalistically informed view of the world might nonetheless incorporate objective values and moral knowledge. This book will be of interest to professionals and students working in philosophy and ethics. (shrink)

This paper is about the relationship between two widely accepted and apparently conflicting claims about how we should understand the notion of ‘reason giving’ invoked in theorising about reasons for action. According to the first claim, reasons are given by facts about the situation of agents. According to the second claim, reasons are given by ends. I argue that the apparent conflict between these two claims is less deep than is generally recognised.

In the last two decades Anglophone political theory witnessed a renewed interest in social-scientific empirical findings—partly as a reaction against normative theorizing centred on the formulation of abstract, intuition-driven moral principles. This brief paper begins by showing how this turn has taken two distinct forms: (i) a non-ideal theoretical orientation, which seeks to balance the emphasis on moral principles with feasibility and urgency considerations, and (ii) a fact-centric orientation, which seeks to ground normative conclusions in empirical results. The core (...) of the paper then compares and contrast three variants of fact-centric political theory: normative behaviourism, grounded normative theory, and radical realism. The upshot: normative behaviourism achieves focus on observable behaviour at the cost of status quo bias, grounded normative theory achieves radicalism at the cost of endorsing an activist orientation to theorising, and radical realism combines a non-activist orientation with the potential for far-reaching critique of the status quo. (shrink)

This collection offers a synoptic view of current philosophical debates concerning the relationship between facts and values, bringing together a wide spectrum of contributors committed to testing the validity of this dichotomy, exploring alternatives, and assessing their implications. The assumption that facts and values inhabit distinct, unbridgeable conceptual and experiential domains has long dominated scientific and philosophical discourse, but this separation has been seriously called into question from a number of corners. The original essays here collected offer a diversity of (...) responses to fact-value dichotomy, including contributions from Hilary Putnam and Ruth Anna Putnam who are rightly credited with revitalizing philosophical interest in this alleged opposition. Both they, and many of our contributors, are in agreement that the relationship between epistemic developments and evaluative attitudes cannot be framed as a conflict between descriptive and normative understanding. Each chapter demonstrates how and why contrapositions between science and ethics, between facts and values, and between objective and subjective are false dichotomies. Values cannot simply be separated from reason. _Facts and Values_ will therefore prove essential reading for analytic and continental philosophers alike, for theorists of ethics and meta-ethics, and for philosophers of economics and law. (shrink)

Norms explained as grounds of practical judgment, using example of queue. Some norms informal, inexact, depend on common understanding (‘conventions’); some articulated in context of two-tier normative order: ‘rules’, explicit or implicit. Logical structure of rules displayed. Informal and formal normative order explained, ‘institutional facts’ depend on acts and events interpreted in the light of normative order. Practical force of rules differentiated; either ‘absolute application’ or ‘strict application’ or ‘discretionary application’, depending on second-tier empowerment. Discretion can be guided by values, (...) principles standards. Pervasiveness of institutions and institutional facts, especially but not only in relation to institutions of state-law, including constitution and state-institutions. Searle's and Ruiter's theories of institution, institutional fact, considered: ‘constitutive rule’ rejected in favour of ‘underlying principle’, structure of ‘institutive, consequential and terminative’ rules explained and defended. Ruiter's conception of ‘institutional’régime' considered and adopted, validity of norms and normative 'régimes' considered and differentiated from truth of statements of institutional fact. (shrink)

In this article we explore an argumentative pattern that provides a normative justification for expected utility functions grounded on empirical evidence, showing how it worked in three different episodes of their development. The argument claims that we should prudentially maximize our expected utility since this is the criterion effectively applied by those who are considered wisest in making risky choices (be it gamblers or businessmen). Yet, to justify the adoption of this rule, it should be proven that this is empirically (...) true: i.e. that a given function allows us to predict the choices of that particular class of agents. We show how expected utility functions were introduced and contested in accordance with this pattern in the 18th century and how it recurred in the 1950s when Allais made his case against the neo-Bernoullians. (shrink)

Two uses of the modal verb would in police interrogation are examined. First, suspects use it to claim a disposition to act in ways inconsistent with whatever offence they are accused of. Second, police officers use it in challenging the suspect’s testimony, asking why a witness would lie. Both uses deploy a form of practical inferential reasoning from norms to facts, in the face of disputed testimony. The value of would is that its semantics provide for a sense of back-dated (...) predictability with regard to the actions in question. Further, although police officers provide minimal acknowledgement of suspects’ uses of the term, suspects tend to provide a response when police officers use it. This difference is explained by the different actions being done in each case - normative self assessments by suspects, and challenges by police officers - and their interactional and institutional relevance in and for police pursuit of factual testimony. (shrink)

in American Philosophical Quarterly 44 (3), July 2007, pp. 259-72. Argues that epistemically normative claims are made true by the same facts as, but do not mean the same as, certain natural-sounding claims.

The essay addresses the debates about the ontology of norms considering the case of accounting for customary norms. It undertakes and defends a stance in favor of a semantic ontology by developing a framework for the explanation of norms as abstract objects and their linking with social facts to be identified in categories like “customary”, “enacted”, “legal”, “grammatical”, and so on. Furthermore, the work addresses the rival conceptions (pragmatic and eclectic) by showing the specific impossibility that these face for giving (...) a satisfactory account on customary norms. The inquiry concludes by exploring some possible insights from the philosophy of mind to explain the conceptual nature of norms as mental representations. (shrink)

Is it possible for historical materialism to have a specific normative basis that allows the scientific aspects of Marx’s theory to be compatible with his political philosophy and ethics? No consensus has so far been reached on this question. The debate between the normative Marx and the non-normative Marx starts with an acknowledgement of a dichotomy between facts and value. In order to resolve this dichotomy, many studies tend to place value rather than facts at the heart of their arguments (...) – they attempt to demonstrate that Marx explored issues of justice, equality, and liberty at the normative level. However, by drawing on John R. Searle’s answer to the Humean question of ‘is’ and ‘ought’, we can adopt a different approach to the study that puts facts, rather than values, at the heart of the argument. Under this approach, Marx’s analysis of the facts of estrangement, surplus-value, and the like, does not consist of factual statements that exclude value and the scientific theories that result from them. Rather, it consists of the statement of institutional facts that contain values. In Marx’s case, a fact-sensitive normative theory is fully possible. (shrink)

This paper offers a defence of the distinction between agent-neutral and agent-relative reasons for action from scepticism aired by Toni Rønnow-Rasmussen. In response it is argued that the Nagelian notion of an agent-neutral reason is not incomprehensible, and that agent-neutral reasons can indeed be understood as obtaining states of affairs that count in favour of anyone and everyone performing the action they favour. Furthermore, I argue that a distinction drawn between agent-neutral and agent-relative reason-statements that express the salient features of (...) reason-constitutive states of affairs is neither reductive in the sense of reducing normative reasons to the propositional content of an agent’s mental state, nor trivial in the sense of locating the distinction merely in an agent’s description of the world. (shrink)

SOCREAL 2013 : 3rd International Workshop on Philosophy and Ethics of Social Reality 2013. Hokkaido University, Sapporo, Japan, 25-27 October 2013. Session 2 : Imperatives and Norms.

For any group there is a point beyond which the accumulation of acts of violence, cruelty, or even rudeness, implies disintegration. By a series of small and plausible transitions this putative empirical generalization may be transformed into a statement about the normative attitudes of persons in stable groups. The generalization may in the first place be more strongly construed as a statement of law governing any society. The weakening of bonds between persons implied by the prevalence of behavior of the (...) kinds in question means that societies not only do not but cannot survive a certain excess of it. Such a natural law may in turn be reflected internally by certain regulations--civil laws and customs--prohibiting such behavior, or by internalized rules with which most persons not only act in accordance but also accept as stipulating what one ought to do or avoid. The observable frailty of social constitutions is thus reflected from within as a family of obligations to refrain from violence, cruelty, rudeness, and similar acts. To pass from regulations to internalized rules in this way is to suggest that the essentially prudential considerations upon which reasonable regulations are based are reinforced by conceptual ones which make it impossible rationally to value violation of such regulations. That such reinforcement occurs is undeniable, but it is not well understood why, or universally believed that, resistance to it is irrational. (shrink)

The view that truth is the norm of assertion has fallen out of fashion. The recent trend has been to think that knowledge is the norm of assertion. Objections to the knowledge view proceed almost exclusively by appeal to alleged counterexamples. While it no doubt has a role to play, such a strategy relies on intuitions concerning hypothetical cases, intuitions which might not be shared and which might shift depending on how the relevant cases are fleshed out. In (...) this paper, I reject the knowledge view on principled grounds. More specifically, by appeal to a principle which is motivated independently of the debate over the norms of assertion and which is already accepted by many proponents of the knowledge view, I show the knowledge view to be false while simultaneously accounting for why it might seem to be true. In doing so, I provide a novel defence of the unfashionable truth view. (shrink)

In _The Sources of Normativity_, Christine M. Korsgaard argues that unconditional obligation can be accounted for in terms of practical identity. My argument in this paper is that practical identity cannot play this foundational role. More specifically, I interpret Korsgaard's argument as beginning with something analogous to Kant's fact of reason, viz. with the fact that our minds are reflective. I then try to show that her determination of this fact is inadequate and that this causes the (...) argument concerning practical identity to fail. Finally, I argue that a conception of the fact of reason more in line with what I take to be Kant's own is necessary to account for unconditional obligation. (shrink)