In this paper I present an account of a distinctive form of ‘practical’ or ‘deliberative’ uncertainty that has been central in debates in both ethics and metaethics. Many writers have assumed that such uncertainty concerns a special normative question, such as what we ought to do ‘all things considered.’ I argue against this assumption and instead endorse an alternative view of such uncertainty, which combines elements of both metaethical cognitivism and non-cognitivism. A notable consequence of this (...) view is that even if there are objective and irreducible truths about how we ought to act, all things considered, the ‘central deliberative question,’ as it’s sometimes called, doesn’t concern such truths. Instead, that question doesn’t have a true answer. (shrink)

This thesis addresses a range of questions about normativity, broadly understood. Recurring themes include the idea of normative ‘action-guidance’, and the connection between normativity and motivational states, the possibility of normative knowledge and its role in deliberation, and the question of whether normative concepts can themselves be evaluated. The first two papers, ‘The Entanglement Problem and Idealization in Moral Philosophy’ and ‘Weighting Surprise Parties: Some Problems for Schroeder’, critically examine various versions of the view that what (...) we ought to do depends on some motivational states, such as desires. It is suggested that such views are, for different but interrelated reasons, extensionally inadequate. The third paper, ‘From Evolutionary Theory to Moral Skepticism, via Disagreement’, proposes that two arguments for moral skepticism can be combined in a mutually supportive way. A central role is played by the principle that a subject S knows that p only if S adherently believes that p, where this roughly means that S could not easily have failed to believe that p unless her epistemic position were worse or p were false. It is suggested that evolutionary considerations and facts about moral disagreement together indicate that moral beliefs violate this principle. The fourth paper, ‘Ethics and the Question of What to Do’, offers an account of the so- called ‘central deliberative question’ that is highlighted by several kinds of choice situations, including those that involve normative uncertainty and normative conflicts. It is proposed that this question is not best understood as the question of what one ought to do, not even in an ‘all things considered’ sense, but as the question of what to do. A meta-normative view that involves elements of both cognitivism and non-cognitivism is put forward as the best explanation of this fact. The fifth paper, ‘Meta-Skepticism’, develops a novel skeptical challenge to beliefs about the external world, the central idea being that even if beliefs about the external world can constitute knowledge, there are various other knowledge-like concepts that they cannot satisfy even if they are true. This raises the question of whether some of these concepts are epistemically more important than the others, and, in particular, the further question of how the relevant notion of ‘epistemic importance’ should be understood. Several answers to this question are considered and found wanting. (shrink)

Even if we know all relevant descriptive facts about an act, we can still be uncertain about its moral acceptability. Most literature on how to act under such normative uncertainty operates on moral realism, the metaethical view that there are objective moral facts. Lay people largely report anti-realist intuitions, which poses the question of how these intuitions affect their interpretation and handling of normative uncertainty. Results from two quasi-experimental studies (total N = 365) revealed that most people did (...) not interpret normative uncertainty as referring to objective moral facts but rather as uncertainty regarding one’s own view, uncertainty regarding the culturally accepted view or as the result of ambivalence. Especially the anti-realist majority of participants interpreted normative uncertainty different to how it is described in the literature on choice under normative uncertainty. Metaethical views were also associated with lay peoples’ choice of uncertainty reduction strategies and with assumptions about the intended aim of such strategies. The current findings suggest that empirical investigations of normative uncertainty might benefit from considering folk metaethical pluralism, as the lay public largely disagrees with the metaethical assumptions underlying the current discourse on choice under normative uncertainty. (shrink)

The idea that morality and prudence are incommensurable normative domains—a central idea in normative pluralism—tends to be rejected because of the argument from nominal–notable comparisons. The argument relies on a premise that there are situations of moral–prudential conflict where we have a clear intuition that there are things we ought to do “all things considered”. It is usually concluded that this shows that morality and prudence must be comparable. I argue that normative pluralists, who (...) defend this type of incommensurability, can account for these intuitions by arguing that an “ought all things considered” need not presuppose inter-type comparability among the reasons it covers, and by endorsing more sophisticated theories of prudence; theories for which there are good, independent reasons to endorse, in any case. By following these steps, normative pluralism does not need to have the counterintuitive implications it is often thought to have. (shrink)

The potential conflicts between morality and self-interest lie at the heart of ethics. These conflicts arise because both moral and prudential considerations apply to our choices. A widespread assumption in philosophical ethics is that by weighing moral and prudential reasons against each other, we can compare their relative weights and determine what we ought to do in the face of such conflicts. While this assumption might seem innocuous and fruitful, a closer examination suggests that it lacks both justification and the (...) necessary content that would allow it to do the normative work it promises. In this book, Mathea Slåttholm Sagdahl grapples with these cases of conflict, but argues that there may be no simple answer to the question of what we ought to do all things considered. Sagdahl argues against the assumption of comparability and defends an alternative pluralist theory of normativity where morality and prudence form two separate and incommensurable normative standpoints, much like in Henry Sidgwick's "Dualism of Practical Reason." This type of view has tended to be quickly dismissed by its opponents, but Sagdahl argues that the theory is in fact a well-motivated theory of normativity and that the typical objections that tend to target it are much weaker than they are usually thought to be. (shrink)

It is natural and relatively common to suppose that feasibility is a constraint on what we ought to do all-things-considered but not a constraint on what we ought to do as a matter of justice. I show that the combination of these claims entails an implausible picture of the relation between feasibility and desirability given an attractive understanding of the relation between what we ought to do as a matter of justice and what we ought to do all- (...) class='Hi'>things-considered. (shrink)

In his recent book The Dimensions of Consequentialism, Martin Peterson defends, amongst other things, the claim that moral rightness and wrongness come in degrees and that, therefore, the standard view that an act’s being morally right or wrong is a one-off matter ought to be rejected. An ethical theory not built around a gradualist conception of moral rightness and wrongness is, according to Peterson, unable to account adequately for the phenomenon of moral conflicts. I argue in this paper that (...) Peterson’s defence of this claim is not convincing. Over and above this negative result, a careful assessment of Peterson’s case for degrees of rightness reveals that the theoretical corridor for accounting for moral conflicts without a gradualist conception of rightness and wrongness is relatively narrow. As I show, the only way of avoiding the conclusion of Peterson’s argument is to reject his conception of the ‘final analysis’ that an ethical theory provides, i.e. of what the theory ultimately has to say about individual acts and their normative properties. According to Peterson, such a final analysis should be seen as comprising the all-things-considered judgements yielded by the theory, and nothing else. As it turns out, the only alternative to this account that is compatible with the standard view about moral rightness and wrongness is to conceive of the final analysis as also containing judgements about morally relevant factors, or aspects, and the way in which they are normatively relevant. (shrink)

Normative pluralism is the view that practical reason consists in an irreducible plurality of normative domains, that these domains sometimes issue conflicting recommendations and that, when this happens, there is never any one thing that one ought simpliciter to do. Here I argue against this view, noting that normative pluralism must be either unrestricted or restricted. Unrestricted pluralism maintains that all coherent standards are reason-generating normative domains, whereas restricted pluralism maintains that only some are. Unrestricted pluralism, (...) depending on how it is cashed out, is either nihilism about practical reason or else it is subjectivism. Neither view is consistent with normative pluralism; hence, pluralism must be restricted. Restricted pluralism, however, faces two problems. The first stems from the question: “Why is it that some standards are normative domains while others are not?” The question seems to demand an answer, but it is hard to give any answer without appealing to considerations that imply facts about what we ought simpliciter to do. Second, restricted pluralism has difficulty accounting for our intuitions about cases in which one option is optimal in all domains, but not better than each alternative in any one domain. The unique option that is optimal in every domain seems better than its competitors, though it isn’t better within any domain. This is different than the widely discussed argument from notable-nominal comparisons. So I conclude that we have good reason to reject restricted pluralism, the only form of normative pluralism really worthy of that name. (shrink)

I intend to: a) clarify the origins and de facto meanings of the term relativism; b) reconstruct the reasons for the birth of the thesis named “cultural relativism”; d) reconstruct ethical implications of the above thesis; c) revisit the recent discussion between universalists and particularists in the light of the idea of cultural relativism.. -/- 1.Prescriptive Moral Relativism: “everybody is justified in acting in the way imposed by criteria accepted by the group he belongs to”. Universalism: there are at least (...) some judgments which are valid inter-culturally Absolutism: there are at least some particular prescriptions which are valid without exception everywhere and always -/- 2. The traditional proof of prescriptive moral relativism: the argument from variability: Judgments, rules, and shared values are de facto variable in time and space. The traditional counter-proof: examples of variability do not prove what skeptics contend. -/- 3. Pre-history of the doctrine -Ancient sophists: either immoralist or contractualist -Modern moral scepticism (xvii c.): variability as an historical and ethnographic fact supports a sceptical conclusion more moderate than sheer immoralism. - Voltaire, Kant, Reid counter-attack pointing at a universally shared moral sense - Romantics and idealists stage an even more moderate reformulation: instead of universally shared moral sense they point at the Spirit of a People which is: a)alternative to abstract and universal philosophical systems as far as it is lived ‘culture’; b) indivisible unity with an inner harmony and a source of normative standards; c) dynamic, in so far as it is a manifestation of the Spirit through the becoming of National cultures. -/- 4. The birth of Cultural Relativism and its ethical implications 4.1. The 18th c. doctrine was the noble savage (a non-historical doctrine: state of nature vs. social state) 4.2 Edward Tylor (1832-1817) and ethnocentric historicism Savage moral standards are real enough, but they are far and weaker than ours. 4.3 Boas and Malinowski and an holistic reaction to ethnocentric historicism -/- Franz Boas (1858-1942): a) Development of civilizations is not ruled by technical progress nor does it follow a one-way path; instead there are parallel developments (for ex. Agriculture does not follow stock-raising); b) racial characters have no relevance in development of civilization; c) we are not yet in a position to compare externally identical kinds of behaviour till we have not yet understood beliefs and intentions laying at their roots (for ex.: “From an ethnological point of view murder cannot be considered as a single phenomenon”; d) we should distinguish among different practices which are only superficially similar (fro ex. practices traditionally classified under the label “tabù”); e) there is as a fact just one normative ethic, constant in its contents but varying in its extension; f) the implication is not that we cannot judge behavior by members of other groups; it is only a recommendation of caution. -/- Bronislaw Malinowski (1884-1942): a) against Tylor’s and Frazer’s “magpie” methodology, field-work is required, a culture as a whole should be observed from inside; individual elements are incomprehensible; b) a culture is an organic whole; c) its elements are accounted for by their function (economy), avoiding non-observables (empio-criticism). -/- Ruth Benedict and Melville Herskovitz identify Boas’s approach with “cultural relativism”. Benedict: what is normal and abnormal is to be judged on a culture’s own standards, not on our own (“Anthropology and the Abnormal”). Herskovits: “Boas adumbrates what we have come to call cultural relativism” (The Mind, p. 10); “Judgements are based on experience, and experience is interpreted by each individual in terms of his own enculturation” (Man and his Works). -/- 4. How analytic philosophy understood and misunderstood the discussion 4.1. At the beginning of the 20th c., the new view in ethics was non-cognitivism (emotivist and subjectivist). Eric Westermark combines this view with an old-style ethnographic approach in support of relativity of moralities. Moralities are codes, or systems of emotive ‘disinterested’ reactions selected by evolution on their usefulness in terms of survival value for the society that is the carrier of such systems or codes. The moral relativity thesis: there are cases of disagreement that cannot be settled even after agreement about facts. 4.2 Anti-realists Brandt, Mackie, Gilbert, Harman adopt Westermark’s approach in a more sophisticated version: a) moralities are codes with an overall function and may be appraised only as wholes; b) variability is an argument for moral subjectivism; c) apparent legitimacy of deriving shift from ought is legitimized only within one institution d) morality should not be described but instead made, and existing moralities may be improved. Is it ‘real’ relativism? It is clearly subjectivism (a metaethical thesis). The normative thesis is that there better and worse codes, and survival values is the normative standard. -/- 4.3 Particularists MacIntyre, Sandel, Taylor, Wiggins, McDowell ‘Wittgensteinian’ prospectivist arguments bent to support weak-relativist claims MacIntyre: there is ‘incommensurability’ between different theoretical systems in both science and ethics. No argument is possible through different systems Different traditions may coexist for a long time without being able to bring their conflicts to a rational solution. -/- 4.4 Kantian universalists Baier, Gewirth, Rawls, Apel, Habermas Shared claim: justice concerns the right and is universal in so far as it may be based on minimal assumptions Other virtues are relative to context in so far as they are related to comprehensive views of the good - O’Neill criticism: a) it is an assumption shared by both alignments; b) after an alleged crisis brought about by alleged loss of metaphysical certainties, theories of justice have dropped demanding assumptions and kept universalism, virtue theories have kept demanding assumptions and dropped universalism; c) the opposition of virtue and justice has arisen in an unjustified way. O’Neill’s positive proposal: ‘constructive’ procedures may be adopted both (i) concerning all the range of virtues and (ii) across cultures once we abandon idealization and confine ourselves to abstraction from real-world cases. -/- 4.5 A metaethical relativist and anti-relativist normative ethicists: Bernard Williams Williams: vulgar relativism may be assumed to claim that: a) 'just' means 'just in a given society'; b) 'just in a given society' is to be understood in functionalist sense; c) it is wrong for one society’s members to condemn another society’s values. It is inconsistent since in (c) uses ‘just’ in a non-relative way that has been excluded in (a). William’s positive proposal: i) keep a number of substantive or thick ethical concepts that will be different in space and time; ii) admit that public choices are to be legitimized through recourse to more abstract procedures and relying on more thin ethical concepts. -/- 5. Critical remarks 5.1 The only real relativism available is ‘vulgar’ relativism (Westermark?) 5.2. Descriptive universalism (or absolutism) has a long pedigree, from Cicero on, reaching Boas himself but it is useless as an answer to normative questions 5.3. Twentieth-century philosophical discussion seems to discuss an ad hoc doctrine reconstructed by assembling obsolete philosophical ideas but ignoring the real theory of cultural relativism as formulated by anthropologists. -/- 6. A distinction between ethoi and ethical theories as a way out of confusions a)There are systems of conventions de facto existing. These may be studies from outside as phenomena or facts. b)There is moral argument and this, when studies from outside, is a fact, but this does not influence in any degree the possible validity of claims advanced. c) the difference between the above claims and Mackie’s criticism to Searle’s argument of the promising game is that promises, arguments etc. are also phenomena, but they are also communicative phenomena with a logical and pragmatic structure. -/- 7.Conclusions: a) cultural relativism, as a name for Boas’s methodology is a valuable discovery, and in this sense we are all relativists; b) ethical relativism, as an alleged implication of cultural relativism, has been argued in a philosophically quite unsophisticated way by Benedict and Herskovits; philosophers apparently discussed ethical relativism in the basis of a rather faint impression of what cultural relativism had been. c) a full-fledged ethical relativism has hardly been defended by anybody among philosophers; virtually no modern philosopher really argued a prescriptive version of the thesis; d) we may accept the grain of truth in ethical relativism by including relativist critique to ethical absolutism into a universalist normative doctrine that be careful in separating open-textured formulations of universal claims from culturally conditioned particular prescriptions. -/- . 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Crafted within a knowledge-first epistemological framework, Mona Simion’s engaging and wide-ranging work ensures that both the Knowledge Norm of Assertion (KNA) and Classical Invariantism (CI) can be part of a viable and productive research program.Dissatisfied with current strategies on offer in the literature, she successfully counters objections to the pair sourced in “shiftiness intuitions”—intuitions that seem to indicate that mere changes in practical context can impact the propriety of assertions and knowledge attributions. For example, in Keith DeRose’s famous pair of (...) low stakes versus high stakes bank cases, the consequences of Keith’s acting on The bank is open on Saturday if it were false change from trivial in low stakes to catastrophic in high stakes. We are to suppose that the proposition is true, and that Keith has access to the same quantity and quality of evidence for it in both cases. In low stakes, but not in high stakes, we are inclined to think that Keith can appropriately assert to his inquiring wife “The bank is open on Saturday.” In low stakes, Keith’s knowledge ascription “I know that the bank is open on Saturday” strikes us as aptly asserted and true. In high stakes only a knowledge denial on Keith’s part strikes us as aptly asserted and true.If we want to hang on to KNA, it looks like we will have to abandon CI and concede that ‘knows’ or knowledge is sensitive to changes in practical considerations. If we want to retain CI, we can try to say that, while Keith does still know that the bank is open on Saturday in high stakes, he does not have sufficient warrant to properly assert that it is. But such a move seems to run counter to KNA. We appear to be stuck in the Shiftiness Dilemma.Keen to get us out of the dilemma and to preserve the idea that epistemically good thinking and asserting are independent of practical concerns, Simion suggests a strategy that can also be used to protect other epistemic speech-act norms and notions from similar threats of practical shiftiness. She notes that having an impact on the degree of epistemic warrant required is not enough to make a norm an epistemic one. Fair enough. If I am given strong practical reason (a million dollars, or a gun to the head) not to adopt full belief until I have gathered more evidence, there is potentially some nonepistemic norm at work in the demand for further evidence. So it is a live possibility (indeed, a plausible one, as Simion would say) that our intuitions in the Shiftiness Dilemma are being misdescribed: they are tracking all-things-considered propriety of assertion, not epistemic propriety. In high stakes, practical norms override the epistemic norm KNA. Keith’s asserting “The bank is open on Saturday” would be epistemically proper but all-things-considered improper.Simion backs up her account with an etiological-function origin story and typology for the norms of assertion. Here is her characterization of etiological function for traits, artifacts, and actions. E-function.A token of type T has the e-function of type B of producing effect E in a system S iff (1) tokens of T produced E in the past, (2) producing E resulted in benefit of type B in S/S’s ancestors, and (3) producing E’s having B-benefited S’s ancestors contributes to the explanation of why T exists in S.In this schema, norms governing an action are typed by the functions or purposes of the action, which in turn are typed by the benefits the action delivers. The epistemic norm of assertion will be the one that characteristically and reliably enables participants in the practice of assertion to secure its primary epistemic good, which Simion identifies as knowledge (testimonial knowledge in hearers generated under normal conditions by the assertions of knowledgeable speakers). Moves in a practice either directly or indirectly aim at fulfilling the goal of the practice. Assertion is a move in the practice of inquiry, which has the generation of knowledge as its aim. Hence, Simion concludes, assertion aims at generating knowledge.This account helps to explain why, in cases like high stakes, Keith all-things-considered ought not to assert “The bank is open on Saturday,” even though he knows it is true. Prudential norms of assertion override the epistemic KNA, for when multiple functions come into conflict, the ones that are more important to the survival of the organism will generate weightier normative constraints.Simion then applies her account to the general category of constatives—for example, speech acts that express a speaker’s belief and the intention that the hearer form or continue to hold the like belief. Employing the taxonomy of Bach and Harnish, she argues that, as expressions of belief and hence varieties of assertion, constatives are subject to knowledge norms as well. Bach and Harnish identify fifteen different subcategories of constatives, each characterized in terms of the kind of belief and intention they express. The norms governing a species have to be at least as strong as the norms governing the corresponding type. As species of the type assertion, each subcategory, then, is subject to at least the necessary direction of KNA. Ultimately, we arrive at a knowledge norm for every speech act on the list, such as The Knowledge Norm of Conjecture (KNC):One’s conjecture that p is epistemically permissible only if one knows that there is reason, but not sufficient reason, to believe that p. Most of the proposed interpretations of various constatives are on the whole reasonable enough, though J. L. Austin would surely be unhappy to see so many different speech acts fashioned into varieties of assertion. Simion concludes with reflections on conjecturing, telling, and moral assertion.Construing the challenge of shiftiness intuitions in terms of the Shiftiness Dilemma allows Simion to declare success when the compatibility of KNA and CI with the relevant data of intuition is secured. Ensuring empirical adequacy for an explanatory framework is an important step, but pronouncements of victory by way of inference to the best explanation would be premature.Other candidates have been shown to match KNA’s familiar explanatory successes (involving lottery propositions, Moorean statements, etc.). Unlike KNA, alternatives that require only epistemically justified or rational belief or credence can allow that a subject is epistemically proper to assert what they believe when their belief is epistemically rational, even under conditions where there are defeating reasons that they are not in a position to be aware of. Furthermore, such norms seem better suited for philosophical or heated moral discussions where there is little consensus and individuals routinely fail to know that what they assert is true. Simion sounds the alarm that the Shiftiness Dilemma threatens to generalize “to epistemic normativity as a whole” (xi–xii), but norms concerning rational credence seem particularly immune.As Simion notes, the etiological-function model of norms that she proposes could be rebuilt with a different central epistemic aim at its core. Indeed, Millikan-inspired models along these lines are appealed to in other areas in philosophy where the concept of information takes center stage—a concept that may be more amenable to rigorous definition and use in dialogue with the sciences than knowledge. We can wonder, also, what special weight the etiological-function model accords to a knowledge-first perspective on epistemic normativity when the model is malleable in this way.The effectiveness of Simion’s strategy for shielding epistemically good thinking and assertion from practical shiftiness becomes less apparent when we try to apply it to Keith’s belief or judgment that the knowledge ascription/denial he asserts is true. It is unclear whether we are to suppose that, in high stakes, Keith epistemically ought to believe/judge that his asserted knowledge denial is false, but all-things-considered he ought to believe/judge that it is true. We do not have to accept that the knowledge-first, etiological function account of normativity for assertion carries over to belief, of course, but then what progress have we made in accounting for the shiftiness in Keith’s judgment that he knows the bank is open on Saturday in low stakes but not in high stakes?Furthermore, there are other ways to generate problems for fallibilist Classical Invariantists in low versus high stakes pairs of cases. Here is a simplified version of a puzzle from the debate over pragmatic encroachment. Consider low cases where you meet the invariant standards for knowing that p, but your justified confidence falls short of certainty. Among these cases, there must be some where you also meet the invariant standards for knowing that if p is true, then among your choices of action ϕ-ing results in the best overall outcome. Say, for instance, that you have a machine with a ϕ button, and your machine, which you know to be extremely reliable, tells you what the cost or benefit will be if you push the button and p is true versus if p is false. If you ϕ (push the ϕ button) and p is true, you win one hundred dollars; if you ϕ and p is false, you lose one hundred dollars. You face the choice: to ϕ or not to ϕ. Since you know that p, and you know that if p is true, then among your choices of action ϕ-ing results in the best overall outcome, you rationally conclude that ϕ-ing results in the best overall outcome, and hence that you ought to ϕ. If you know which choice of action has the best overall outcome, that is what you all-things-considered should do. Now consider high, where the quantity and quality of your evidence for p is the same, and you still know that your machine is extremely reliable. This time, however, the machine tells you that if you push ϕ and p is true, you win one hundred dollars, but if you push ϕ and p is false, you lose $1 million. Your rational confidence in p is not high enough to justify pushing the button, so you rationally conclude that you ought not to ϕ. Since in high nothing evidentially relevant has changed (all that has changed is the machine informing you of a new, more serious cost of acting on p if p is false), the classical invariantist will have to say that you still know that ϕ, and you still know that if p is true, then among your choices of action ϕ-ing results in the best overall outcome. So, according to CI, you should still be able to reason properly as follows: you know that p, and you know that if p is true, then among your choices of action ϕ-ing results in the best overall outcome, so you know that ϕ-ing results in the best overall outcome, hence you ought to ϕ. Classical invariantists owe us an explanation concerning how we can avoid the paradox here without conceding that knowledge is practically shifty. (shrink)

This paper argues that doctors ought to make all things considered value judgments about what is best for their patients. It illustrates some of the shortcomings of the model of doctor as 'fact-provider'. The 'fact-provider' model fails to take account of the fact that practising medicine necessarily involves making value judgments; that medical practice is a moral practice and requires that doctors reflect on what ought to be done, and that patients can make choices which fail to express (...) their autonomy and which are based on mistaken judgments of value. If doctors are properly to respect patient autonomy and to function as moral agents, they must make evaluations of what their patients ought to do, all things considered. This paper argues for 'rational, non-interventional paternalism'. This is a practice in which doctors form conceptions of what is best for their patients and argue rationally with them. It differs from old-style paternalism in that it is not committed to doing what is best. (shrink)

Architecture and Deconstruction Case of Peter Eisenman and Bernard Tschumi -/- Introduction Towards deconstruction in architecture Intensive relations between philosophical deconstruction and architecture, which were present in the late 1980s and early 1990s, belong to the past and therefore may be described from a greater than before distance. Within these relations three basic variations can be distinguished: the first one, in which philosophy of deconstruction deals with architectural terms but does not interfere with real architecture, the second one, in which (...) a collaboration between Jacques Derrida and a group of architects interested in his concepts is commenced, and the third one, in which completed or only designed objects or new concepts of deconstruction created by architects gain their supremacy over philosophy. The following book analyses these three possible ways, first of all with the reference to Peter Eisenman and Bernard Tschumi. -/- Peter Eisenman -/- Misreading… and Other Errors -/- The issue of relations between Peter Eisenman’s work and philosophy of deconstruction may be referred to his activity more than ten years preceding his direct collaboration with Jacques Derrida (in 1985) and organisation of the exhibition Deconstructivist Architecture at Museum of Modern Art in New York (in 1988). As soon as at the stage of designing the first houses (House I-III, 1967-1970), which almost entirely inscribed in formalistic aesthetics of Modernism, the architect analysed the problem of architecture dependence on its assumptions. All his later designs may be treated as consequence of this initial interest in relations between practice and theory, and at the same time as an introduction to manipulations later on led at the level of metaphysics of architecture. Beginning with the issue of presence, considered in comments to House VI (1972), the number of ideas having their analogies in philosophy of deconstruction increased. The text entitled The End of the Classical: The End of the Beginning, The End of the End (1984), in which Eisenman criticised questions of representation in architecture, its delusive strive for truth and comparably unattainable attempts at ultimate definition of elementary rules, should be acclaimed the breaking point. This attitude was extended by numerous strategies disturbing architecture rules defined at metaphysical level in an essay Moving Arrows, Eros, and Other Errors: an Architecture of Absence (1986). The issue of Eisenman’s passage from formalism to deconstruction has already been much discussed in the literature (Rosalind Krauss, Thomas Patin among others), still it should be mentioned that the threads similar to Derrida’s concept included in Eisenman’s writing reveal untranslatability of architecture and philosophy. -/- Choral Works or Separate tricks -/- In 1985-1986 a series of seven disputes between Jacques Derrida and Peter Eisenman took place. The pretext for them were designs concerning Parc de la Villette in Paris. The situation of many months of collaboration between a notable philosopher of the second half of the 20th c. and an architect that already had a huge theoretical oeuvre, ended up with a publication of a large volume entitled Chora L Works and it became at the same time a vast study area for historians of contemporary architecture and philosophers. Derrida’s contribution to concept works were his considerations over the idea of chôra, the properties related to this concept were about to be reflected in shapes of the park. Therefore, Chora L Works became an example of the abilities of contemporary art, both in its capability of translation from philosophical ideas to artistic forms and its resistance to tradition of representing in architecture some phenomena and values originating outside this discipline. In the final period of their collaboration both interlocutors started to polemicise with each other more decidedly, what became a separate part of their thought exchange. The exchange of letters between Derrida and Eisenman at the turn of 1989 ended up the period of their direct contacts, nevertheless, at this time precisely a large group of experts in issues of deconstruction joined the discussion and extended the revealed in the former dispute problems into more than ten years of further considerations and publications. Except for a long text by Jeffrey Kipnis, who had participated in the meetings of the philosopher and the architect, there appeared also comments of researchers of artistic theories (K. Michael Hays, Thomas Patin), philosophers (Andrew Benjamin), and even experts in Greek literature (Maria Theodorou or Ann Bergren). Following these debates a contemporary reflection on architecture has saturated with indeed numerous concepts originating in philosophy of deconstruction. -/- Architecture which imitates mute philosophy -/- The series of Jacques Derrida and Peter Eisenman meetings, which took place in the period of 1985-1987, induced many authors to make comments. Some of them (Jeffrey Kipnis, Ann Bergren, Maria Theodorou) developed the subject of chôra which was introduced to the discussion by Derrida. The problem that was about to be solved was the question of tying up the concept of chôra with architecture, including Eisenman’s architecture and the series of meetings within frames of Chora L Works project. Kipnis on this occasion paid attention to chôra and its character of anachronia which infects any being created within chôra. In other words any event has its counterpart (analogon) in another, earlier event. He demonstrated the similarity of structure of many events and statements from the times of Derrida and Eisenman’s meetings to the almost identical behaviour of figures in Plato’s dialogue Timaeus. The loss of beginning present in this phenomenon was appropriate to both features of chôra and the effects of typical analyses of philosophy of deconstruction. Bergren’s analyses focused on accentuating gender of chôra, which, according to this author, had been neglected hitherto in discussions. She collated chôra descriptions with characteristics of women in myths, early Greek epic and philosophy and she arrived at a conclusion that chôra has features of a single woman and a married one at the same time. And yet Theodorou’s studies showed that in the Homeric epics chôra is not treated as an idea but is related with single things and events. The other part of the comments (represented by Andrew Benjamin and K. Michael Hays’ utterances) concerns Eisenman’s attitude to tradition which was treated as a variety of iteration understood philosophically. Benjamin commenced his considerations at the point of closeness between a definition of tradition and a concept of chôra understood as perpetuation (placement). A problematic issue was for him Eisenman’s complex relation to tradition based on its contest and affirmation at the same time. Overcoming the simple subordination to tradition – according to Benjamin – was based on awareness of the role of repetition in culture not known before. Hays made an attempt to explain the pleasure and torment of repetition with the support of Sigmund Freud and Roland Barthes’ concepts. According to Hays repetitions are attempts of a single being to a certain primal state perceived as free of any tension. In a similar way Rosalind Krauss explained a motif of a grate present in Modernistic art and also exceptionally frequent in Eisenman’s work. -/- Annex Architecture is still writing Balzac novels. Peter Eisenman and literature -/- Architecture’s approach to writing, script or literature, present within Peter Eisenman’s work, is an exceptional phenomenon, furthermore a complex one. The article considers four possible relations. The first one relates to Eisenman’s characteristics as a person extremely gifted with the ability to wordplay, which very ‘play’ reveals skills to create architectural images. In the second approach the attention has been paid to Eisenman’s interests – in the first period of his oeuvre – in linguistic works by Noam Chomsky and his transformational-generative grammar. The third kind of relations applied to overcoming the need for autonomy of architecture (and of modernist aesthetics at the same time) and renew interests in questions of meaning in architecture. The fourth sort of relations occurred when Eisenman started to create reflections of historic or literary narrations in architecture – ‘stone stories’ and architectural fictions of their kind. -/- Bernard Tschumi -/- From perversion to deconstruction In Bernard Tschumi’s writings from the 1970s and 1980s we can find a transposition of important threads of post-structuralist ideas deriving from Georges Bataille, Roland Barthes and Jacques Derrida’s works. The analysis of the architect’s writings also shows roots in Phillippe Sollers, Michel Foucault and Denis Hollier’s works. The analysis of borrowed elements from the beginnings of Tschumi’s theoretical activity may be helpful in explaining the contents of his later writings motre inspired by philosophy of deconstruction. The set of his earliest views was inspired by Marxism, Neo Marxism and French Structuralism, mainly by the writings of Henri Levebre and Guy Debord. From the thought of Levebre Tschumi took interest for city as not only a question of urbanistics but also a political issue. From Debord’s concepts he borrowed a conviction about the role of situational violation for changes in the society structure. Some of these beliefs were preserved in his own concepts of architecture as an event. From this period derived also his will to change conservative elements of social structure not by means of political revolution but of theoretical and creative activity. Tschumi acknowledged that the effective way of the proceedings towards achieving his aims would be accepting the role of both a critical intellectualist and architecture expert who would not hide away his left-wing orientation. The speculations defined by the architect as ‘revolting analyses’ were about to characterise contradictions which tear the society apart, penetrate architecture and constitute the basis of culture. Spreading away of the conscience of false assumptions hidden away in various disciplines could have weakened cohesion of a conservative society and influence the will to change among the elites. This way the beginnings of political revolution were rooted in philosophy of architecture. In 1977 Tschumi published his text entitled The Pleasure of Architecture inspired by Roland Barthes’s The Pleasure of the Text, it also included some concepts derived from Georges Bataille and Jacques Derrida. First of all the author used Barthes’s concept which made an assumption that literary activity is pervaded by the spirit of resistance towards social rules, and Tschudi transferred this remark onto architecture. From the ideas of Bataille, acquainted via Holier’s work, he derived his belief that two concepts of space, a conceptual one (defined as Pyramid) and a sensual one (defined as Labirynth), not losing their distinct features, they join in the concept of experienced space which exceeds contradictions. The exceeding itself was defined as the basic rule of architecture and it was referred to situations in which architecture not only negates social needs, but also disavows its own tradition. Crossing the borders applies not only to political issues or permanent rules of the very discipline but also interfering with other fields (especially literature and film). The fact that architecture is associated with organising events turned Tschumi’s attention to questions of violence that result from upsetting architectural order of a given building by its users and the one hand, and on the other from forcing the users to specific acts imposed by this very order. The analysis of the concepts used by Tschumi in his early writings indicates that they are close to definitions that would occur in his reflection in the following years influenced by philosophy of deconstruction. -/- Approaching deconstruction Tschumi in his theories developed in the 1980s presumed that the current social world had undergone a deep process of decay, and the reaction against which ought to be based on ordering-up actions, and also preserving the main outline of disintegration of the whole and its elements in the state of conflict. The statements concerning the nature of the contemporary to Tschumi social relations were applied by him to the world of architecture, this led him to coming up with designing strategies that took into consideration the destabilised character of conditions in which works of architecture were created. New ways of conduct invented by Tschumi drew their inspiration from literature and research on literature, psychoanalysis, structural linguistics, structuralism and post structuralism, and eventually also deconstruction philosophy. The proposed methods were opposed by their author both to functionalism continuity trends and postmodern architecture. Tschumi’s proposals contradicted any forms of conservatism or traditionalism in political sphere as well as in reference to tendencies in architecture. They were not simple contradictions of social or architectural rules, they intrude them from the inside, weaken or escalate the already existing incongruities, they move the boundaries between the areas. Revolutionary illusions about the possibility of radical changes were replaced with strategies which completed, tainted or test former rules in the series of formal games of permutation and combination. Quite different from avant-garde formalism Tschumi’s games were not about maintaining the autonomy of a given area, but on the contrary – polluting it with other areas’ influences. Tschumi enjoyed demonstrating illusions of architecture concerning simple relations between form and function, or between form and meaning. Making use of Freud, Lacan and Foucault’s research he introduced a category of “madness” into architecture allowing an observation that the recognised norms are nothing but merely ones of many possible principles of behaviour, and their recognised status resulted from unjustified hindering innovativeness which is crucial for architecture. To reborn architecture’s capability of changing Tschumi also made use of Barthes’s discoveries concerning rules of narration and works by writers who applied in their writing knowledge on linguistics. Making a work’s author unclear by various mechanical transformations of its elements was however apparent only, and formal rigours imposed on the process of designing liberated possibilities difficult to obtain in more traditional creative action. Another mode of acting introduced by Tschumi was combining his work of elements deriving from outside architecture; joining space records with notation of motion and events accompanying architectural objects among others. These architectural and extra-architectural elements were not unified, on the contrary their heterogenous and conflictual character was stressed. This is how shock, anxiety and instability, typical for live in great metropolises, infiltrated architecture. Taking some ideas of deconstruction philosophy as a pattern Tschumi also took into critical consideration in his essays traditional in architecture oppositions between form and figuration, or theory and practice. By combining various inspirations he eventually worked out an idea of architectural event, which he understood as a series of actions contesting its own field, redefining its sources, principles and elements. An event, understood in this way, was not so much producing works as rather creating conditions of their production and at the same time designing the society different from a hierarchic one. -/- Park of deconstruction Among numerous philosophical strategies of deconstruction most frequently used was questioning the practice of strong opposition of two reasons. In many cases Bernard Tschumi’s writings just consider functioning of the conflict juxtaposition of the ideas of structure and ornament or theory and practice in history of architecture. Violation of traditional relations between terms of this kind, both old and modern, raised Jacques Derrida’s objections, when he was induced for the first time to co-operate with architects’ milieu. During this long lasting thought exchange the philosopher eventually acknowledged Bernard Tschumi’s arguments for reasoning the encroachment of architecture’s fundamental rules. Deconstruction applied in architecture was not a simple transposition or analogy of practices that had been applied by philosophy of deconstruction. We may even say that considering architectural terms became an important formula of deconstruction. Architecture understood in philosophical way became something beyond the practice and theory of its own discipline, a sort of metaphysics of both philosophy and architecture. The deliberate encroachment of simplicity of dividing architecture into theory and practice, for the first time became a clear aim for Tschumi in his drawings and texts entitled The Manhattan Transcripts. The contents of this series of works was a record of characteristic features of this New York district in such a way that not only objects were the subject of the record but also relations between objects, people and events. The record was about to take into consideration a conflict character of elements of this representation and at the same time to avoid applying to them the rule of mimetism. The record became a form of reflection over the very record by an increased control over the ways of representation. Architecture which was considered in the The Manhattan Transcripts was not directed to fulfill the needs of inhabitation or production, it was rather related with hitherto usually marginalised liminal situations: building ostentatiously big monuments, religious cult, war etc. Architecture operating in these relations focused also the attention on the included in it continuous tendency to overpass its own restrictions, the role of violence as its not recognised factor, or the meaning of excess and shock in its operation. Architecture moving from reason towards madness became even more visible in the design of Parisian Parc de la Villette, whose pavilions were defined as folies (in French it means both small park buildings and follies). The park was supposed to be on the one hand a reflection of traditional society disintegration while on the other it questioned basic rules of producing a work of architecture. The traditional rules of designing, based on ordering up, were replaced with the strategies of dysfunction and dissociation. In Tschumi’s opinion methods of this kind may be equivalent of what Derrida named différance. Instead of aiming at mergence, any diversity, plays or variations were strengthen. Tschumi’s texts, in which he explained his attitude, were completed by Derrida’s extent statement entitled Point de folie – Maintenant l’architecture. Derrida’s article is the most significant of all his statements on architecture as a form of thinking and activity. According to the philosopher, architecture should divide space (in French defined as espacement), what enables both thinking and action – it arranges the space of an event. Tschumi’s buildings, defined as folies, in an essential way destabilise any created order, and at the same time they refresh it. Derrida’s statement suggests that architecture may become both metaphor of an order merging a language or a society but also of inner forces which deconstruct and reconstruct it. Therefore architecture is at the same time a construction, a deconstruction and a reconstruction. Parc de la Villette stands out in this system with its attempt to step beyond the scheme of an easy repetition and its heading for chances of achieving more radical otherness. -/- Conclusion Destruction as construction. Paradoxes of deconstruction in architecture -/- Scepticism about persistence and common importance of fundamental values of human culture evinced in philosophers and writers’ works as early as in Greek antiquity, nevertheless it was not expressed so strongly as in the second half of the 20th century. Especially in Heidegger’s work Being and Time (although originated in 1927, still influential in all later philosophy) the following states were characterised: the state of losing the ground (Abgrund), of being out of sight (Unheimlichkeit) and of being out of dwelling (Un-zuhause-sein) – as the basis of self-confidence of conscious being there (Dasein). The entire criticism of philosophy of home and dwelling draws the inspiration from this early writing of the German philosopher, it combines crisis of basic terms of metaphysics with social conditions which are dictated by living in large metropolis. The crisis of both metaphysical foundation and home appears to be similar to the situation of weakening the relations between a man and his dwelling in extensively expanding cities. Whereas philosophy, as well as many disciplines of social sciences, have diagnosed for a long time the destabilisation of fundamental ideas of Western culture and crucial changes in the ways of dwelling, architecture itself occurred to be “the last fortress of metaphysics” (J. Derrida). Among contemporary architects, Peter Eisenman and Bernard Tschumi were the ones who engaged most decidedly in the issues of critical analysis of architecture foundation and its social role. Both the architects noticed new formulas of contemporary social and individual existence, tremendously different from the entire history, and at the same time they affirmed lack of adequacy of architecture concepts to new situations. Both Eisenman and Tschumi used to describe the existing architecture as a tool for consolidation of highly integrated and hierarchised societies, and also as a discipline extremely uncoincidental with the current character of social life based on ideas of freedom and diversity. The means to transform architecture and make a factor of further social changes out of it, was a concept that accentuated revealing the inner contradictions of this discipline, and considering them in designing strategies. Eisenman’s activity, in regard of what has just been noticed, was focused on questioning the basic rules of traditionally comprehended architecture, especially the rule of purpose. The American architect noticed that the concept of architecture as fulfilment the need of location, hides away the fact that the location has to be constantly reconsidered, and hence it is overtaken by change (dislocation). Therefore new concept of architecture propounded architectural activity to translocate the concept of location – more than before – but also to change its status perpetually. Such comprehended architecture should claim, as its main purpose, the constant revision of this purpose and create itself anew permanently. Even Eisenman’s earliest designs of houses nos. I-IV broke with such values as the sense of safety, closeness and familiarity, and just on the contrary they accentuated senses of strangeness, homelessness and loss of confidence. The contradictions within architecture noticed by Tschumi referred to combination of intellectual and sensual values in architecture, when their non-appropriation was defeated by an additional condition, namely the way of experience based on pleasure of excess, marked by insanity. The features of folly were especially visible in his designs of gardens, where the order of planning was mixed with sensual experience introduced by particular elements (both the ones created by nature, and the buildings defined as folies). Parc de la Villette designed by the French architect in Paris put in question not only the common understanding of purpose in architecture but also the ideas of order and integrity, as its plan was based on the combination of independent layers with records of grids of points, various lines and planes. The architecture that collides inadequate elements with each other was supposed to be a kind of an event with no beginning and no end. The architecture treated as an event became a form of a space weakened articulation that maintains its diversity and lack of accordance of the elements building it up. The analyses of Eisenman and Tschumi’s theoretical writings indicate how much the aims of architecture have actually changed; instead of supporting social persistence, the architecture is rather intensifying contradictions, and instead of providing people with the sense of safety, it sublimes danger. From simple acts of defamiliarisation, increasing the distance to itself and enhancing the role of theory, through discomfort, anxiety, not feeling someone at home, weirdness, excess, shock and violence, architecture reached the edge of stability and uncertainty, only to make an attempt at penetrating what is impossible and unutterable, and recording what cannot become the subject of any records. -/- . (shrink)

Normative judgments involve two gradable features. First, the judgments themselves can come in degrees; second, the strength of reasons represented in the judgments can come in degrees. Michael Smith has argued that non-cognitivism cannot accommodate both of these gradable dimensions. The degrees of a non-cognitive state can stand in for degrees of judgment, or degrees of reason strength represented in judgment, but not both. I argue that (a) there are brands of noncognitivism that can surmount Smith’s challenge, and (b) (...) any brand of non-cognitivism that has even a chance of solving the Frege–Geach Problem and some related problems involving probabilistic consistency can also thereby solve Smith’s problem. Because only versions of non-cognitivism that can solve the Frege–Geach Problem are otherwise plausible, all otherwise plausible versions of noncognitivism can meet Smith’s challenge. (shrink)

There are many different oughts. There is a moral ought, a prudential ought, an epistemic ought, the legal ought, the ought of etiquette, and so on. These oughts can prescribe incompatible actions. What I morally ought to do may be different from what I self-interestedly ought to do. Philosophers have claimed that these conflicts are resolved by an authoritative ought, or by facts about what one ought to do simpliciter or all-things-considered. However, the only coherent notion of an (...) ought simpliciter has preposterous first-order normative commitments. It is more reasonable to reject the ought simpliciter in favor of the form of normative pluralism advocated in (Tiffany 2007). (shrink)

A term expresses a thick concept if it expresses a specific evaluative concept that is also substantially descriptive. It is a matter of debate how this rough account should be unpacked, but examples can help to convey the basic idea. Thick concepts are often illustrated with virtue concepts like courageous and generous, action concepts like murder and betray, epistemic concepts like dogmatic and wise, and aesthetic concepts like gaudy and brilliant. These concepts seem to (...) be evaluative, unlike purely descriptive concepts such as red and water. But they also seem different from general evaluative concepts. In particular, thick concepts are typically contrasted with thin concepts like good, wrong, permissible, and ought, which are general evaluative concepts that do not seem substantially descriptive. When Jane says that Max is good, she appears to be evaluating him without providing much description, if any. Thick concepts, on the other hand, are evaluative and substantially descriptive at the same time. For instance, when Max says that Jane is courageous, he seems to be doing two things: evaluating her positively and describing her as willing to face risk. Because of their descriptiveness, thick concepts are especially good candidates for evaluative concepts that pick out properties in the world. Thus they provide an avenue for thinking about ethical claims as being about the world in the same way as descriptive claims. -/- Thick concepts became a focal point in ethics during the second half of the twentieth century. At that time, discussions of thick concepts began to emerge in response to certain disagreements about thin concepts. For example, in twentieth-century ethics, consequentialists and deontologists hotly debated various accounts of good and right. It was also claimed by non-cognitivists and error-theorists that these thin concepts do not correspond to any properties in the world. Dissatisfaction with these viewpoints prompted many ethicists to consider the implications of thick concepts. The notion of a thick concept was thought to provide insight into meta-ethical questions such as whether there is a fact-value distinction, whether there are ethical truths, and, if there are such truths, whether these truths are objective. Some ethicists also theorized about the role that thick concepts can play in normative ethics, such as in virtue theory. By the beginning of the twenty-first century, the interest in thick concepts had spread to other philosophical disciplines such as epistemology, aesthetics, metaphysics, moral psychology, and the philosophy of law. -/- Nevertheless, the emerging interest in thick concepts has sparked debates over many questions: How exactly are thick concepts evaluative? How do they combine evaluation and description? How are thick concepts related to thin concepts? And do thick concepts have the sort of significance commonly attributed to them? This article surveys various attempts at answering these questions. (shrink)

From the American Law Institute to college campuses, there is a renewed interest in the law of rape. Law school faculty, however, may be reluctant to teach this deeply debated topic. This article begins from the premise that controversial and contested questions can be best resolved when participants understand the conceptual architecture that surrounds and delineates the normative questions. This allows participants to talk to one another instead of past each other. Accordingly, in this article, we begin by diffusing (...) two non-debates: the apparent conflict created when speakers use “consent” to mean two different things and the question of whether rape law ought to be formulated in terms of consent or force. From here, we turn to the conceptual apparatuses that surround the normative questions of freedom from force, knowledge, and capacity. Here, we suggest how better understanding these concepts can frame the underlying discussions as to what sorts of coercion undermine consent, what kinds of deception invalidate consent, and when the victim is too incapacitated to consent. Finally, we turn to different formulations of consent, demonstrating that one conception better captures the harm of rape but that other formulations may better protect victims. We show how clarifying these questions allows discussants to see why different formulations are valuable and to debate the best all-things-considered formulation. Although this article is framed as a question of how to think like lawyers about rape, its ambition is to set forth a framework that is useful to reformers as well. (shrink)

There is an important disagreement in contemporary epistemology over the possibility of non-epistemic reasons for belief. Many epistemologists argue that non-epistemic reasons cannot be good or normative reasons for holding beliefs: non-epistemic reasons might be good reasons for a subject to bring herself to hold a belief, the argument goes, but they do not offer any normative support for the belief itself. Non-epistemic reasons, as they say, are just the wrong kind of reason for belief. Other epistemologists, however, (...) argue that there can be cases where non-epistemic reasons directly offer normative support for the beliefs a subject holds. -/- My aim in this paper is to remove an apparent obstacle for the view that there can be non-epistemic normative reasons for belief, by showing that the existence of non-epistemic reasons for belief does not conflict with epistemic standards for the assessment of inference. More specifically, I aim to show that the following principles are compatible: -/- Epistemic Norm of Inference (ENI): Necessarily, for all subjects, S, and inferences, I: I is a good inference for S only if S can gain a (doxastically) epistemically justified belief in I’s conclusion on the basis of I’s premises. -/- Non-Epistemic Reasons for Belief (NERB): Possibly, for some subject, S, reason, R, and belief, B: R is a good (i.e., normative) reason for S to hold B, and R is not an epistemic reason for B. -/- Guidance: For all subjects S, potential reasons R, and beliefs/actions φ: In order for R to count as a normative reason for S to φ, it must be possible for S to take R into account as relevant to the determination of whether S ought to φ. -/- One might naturally think that these principles conflict, for if there are non-epistemic reasons for belief, then they must guide deliberation, and in guiding deliberation, they would violate epistemic standards. The aim of this paper is to show that no such conflict need arise. -/- Section 2 of the paper proceeds to set out the concept of an inference, and to sketch an epistemic framework for the assessment of inferences and arguments. Section 3 sets out the distinction between normative and motivating reasons, and briefly defends the view that there can be non-epistemic reasons for beliefs. Section 4 shows that non-epistemic reasons for belief are compatible with epistemic standards for inference, because any time a reason R is a good non-epistemic reason for a subject S to hold a belief B, there is an epistemically good inference available to S which takes R as a premise and which concludes with the meta-belief that S ought to hold B. So the paper employs a level-connecting principle between normative reasons for φ-ing and epistemic reasons for believing that one ought to φ. The paper ends with clarifications of that level-connecting principle, and responses to three objections. (shrink)

This essay offers a defence of the non-cognitivist approach to the interpretation of moral judgments as disguised imperatives corresponding to social rules. It addresses the body of criticism that faced R. M. Hare, and that currently faces moral anti-realists, on two levels, by providing a full semantic analysis of evaluative judgments and by arguing that anti-realism is compatible with moral aspiration despite the non-existence of obligations as the externalist imagines them. A moral judgment consists of separate descriptive and prescriptive components (...) and is to be understood as a declarative statement prefaced by an 'ideality operator'. Moral beliefs are genuinely representational, but their truth conditions can only be stated with reference to imaginary ideal worlds. Moral judgments are neither confirmed nor verified, but alternative moral positions are preferentially endorsed and adopted by individual agents on the basis of their perceived all-things-considered optimality. High aspiration moralities are normally very costly to agents in terms of their prudential and aesthetic interests, but they are theoretically as eligible as the adoption of other, less demanding sets of rules. (shrink)

There is an important disagreement in contemporary epistemology over the possibility of non-epistemic reasons for belief. Many epistemologists argue that non-epistemic reasons cannot be good or normative reasons for holding beliefs: non-epistemic reasons might be good reasons for a subject to bring herself to hold a belief, the argument goes, but they do not offer any normative support for the belief itself. Non-epistemic reasons, as they say, are just the wrong kind of reason for belief. Other epistemologists, however, (...) argue that there can be cases where non-epistemic reasons directly offer normative support for the beliefs a subject holds. My aim in this paper is to remove an apparent obstacle for the view that there can be non-epistemic normative reasons for belief, by showing that the existence of non-epistemic reasons for belief does not conflict with epistemic standards for the assessment of inferences. More specifically, I aim to show that the following principles are compatible. Epistemic norm of inference (ENI): necessarily, for all subjects S and inferences I: I is a good inference for S only if S can gain a (doxastically) epistemically justified belief in I’s conclusion on the basis of I’s premises. Non-epistemic reasons for belief (NERB): possibly, for some subject S, reason R, and belief B: R is a good (i.e., normative) reason for S to hold B, and R is not an epistemic reason for B. Guidance: for all subjects S, potential reasons R, and beliefs/actions φ: In order for R to count as a normative reason for S to φ, it must be possible for S to take R into account as relevant to the determination of whether S ought to φ. One might naturally think that these principles conflict, for if there are non-epistemic reasons for belief, then they must guide deliberation, and in guiding deliberation, they would violate epistemic standards. The aim of this paper is to show that no such conflict need arise. Section 2 of the paper sets out the concept of an inference, and sketches an epistemic framework for the assessment of inferences and arguments. Section 3 sets out the distinction between normative and motivating reasons, discusses motivational internalism about reasons, and briefly defends the view that there can be non-epistemic reasons for beliefs. Section 4 shows that non-epistemic reasons for belief are compatible with epistemic standards for inference and with a deliberative guidance constraint on normative reasons, because any time a reason R is a good non-epistemic reason for a subject S to hold a belief B, there is an epistemically good inference available to S which takes R as a premise and which concludes with the meta-belief that S ought to hold B. So the paper employs an indirect level-connecting principle between normative reasons for φ-ing and epistemic reasons for believing that one ought to φ. The paper ends with clarifications of that level-connecting principle, and responses to three objections. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

In many situations, people are unsure in their moral judgements. In much recent philosophical literature, this kind of moral doubt has been analysed in terms of uncertainty in one’s moral beliefs. Non-cognitivists, however, argue that moral judgements express a kind of conative attitude, more akin to a desire than a belief. This paper presents a scientifically informed reconciliation of non-cognitivism and moral doubt. The central claim is that attitudinal ambivalence—the degree to which one holds conflicting attitudes towards the same object—can (...) play the role of moral doubt for non-cognitivists. I will demonstrate that ambivalence has all of the features that we would expect it to have in order to play the role of moral doubt. It is gradable, can vary through time, covaries with strength of motivation, and is suitably distinct from the other features of our moral judgements. As well as providing a defence of non-cognitivism, this insight poses a new challenge for the view: deciding how to act under moral ambivalence. (shrink)

Nobody's going to object to the advice "Do the right thing", but that doesn't mean everyone's always going to follow it. Sometimes this is because of our volitional limitations; we cannot always bring ourselves to make the sacrifices that right action requires. But sometimes this is because of our cognitive limitations; we cannot always be sure of what is right. Sometimes we can't be sure of what's right because we don't know the non-normative facts. But sometimes, even if we (...) were to know all of the non-normative facts, we'd still not be sure about what's right, because we're uncertain about the normative reasons those facts give us. In this dissertation, I attempt to answer the question of what we're to do when we must act under fundamentally normative uncertainty. It's tempting to think that, in such circumstances, we should do what we regard as most probably right. I argue that this view is mistaken, for it is insensitive to how degrees of actions' values compare across different normative hypotheses; if an action is probably right, but, if wrong, is terribly, terribly, wrong, it may be rational not to do that action. A better answer is that we should do the action with the highest expected value. I spend the first part of the dissertation providing arguments for and rebutting arguments against this view of action under normative uncertainty. I spend the next part of the dissertation explaining what degrees of value are, and showing how they can be compared across normative hypotheses. In the remaining parts of the dissertation, I consider two questions related to our primary question -- first, what is one required, or obligated, to do under normative uncertainty; and second, what is it rational for one to do when one is not only normatively uncertain in the way we've been discussing, but also uncertain about what it is rational to do under this sort of normative uncertainty. (shrink)

It is one of Jacques Derrida’s later texts, Le Toucher—Jean-Luc Nancy , wherein one finds his most sustained commentary on the philosophy of Maurice Merleau-Ponty. I argue that Derrida’s criticisms of Merleau-Ponty in this text conceal a significant proximity between his own elaboration of sensibility and that of Merleau-Ponty. Their respective accounts of sensibility are similar in two respects. Firstly, for them both, sensibility is born of a parsing of the self in a hiatus or interval that disrupts the movement (...) of auto-affection. The self can only be known as such through this exposure to alterity. Secondly, this exposure and opening is in no way normative for either thinker, which is to say that their accounts of sensibility are similar not only in structure but also insofar as sensibility for them both is a non-normative opening to ethics; it is an elaboration of embodiment that provokes the question of response but no definitive or prescriptive answer. Hence the structure of sensibility begs the question of ethics, and the problem of response, but can provide little by way of a normative ethics. (shrink)

On the face of it, normative conflicts are commonplace. Yet standard deontic logic declares them to be logically impossible. That prompts the question, What are the proper principles of normative reasoning if such conflicts are possible? This paper examines several alternatives that have been proposed for a logic of 'ought' that can accommodate normative conflicts, and finds all of them unsatisfactory as measured against three criteria of adequacy. It then introduces a new logic that does meet all (...) three criteria, and so allows for the possibility of genuine normative conflicts. (shrink)

I argue that in order to account for normative uncertainty, an expressivist theory of normative language and thought must accomplish two things: Firstly, it needs to find room in its framework for a gradable conative attitude, degrees of which can be interpreted as representing normative uncertainty. Secondly, it needs to defend appropriate rationality constraints pertaining to those graded attitudes. The first task – finding an appropriate graded attitude that can represent uncertainty – is not particularly problematic. (...) I tackle the second task by exploring whether we can devise expressivist versions of the standard arguments used to support rationality constraints on degrees of uncertainty, Dutch book arguments and accuracy-dominance arguments. I show that we can do so, but that the resulting arguments don’t support the same rationality constraints as the original versions of the arguments. (shrink)

Bart Streumer believes that the following principle is true of all normative judgements: When two people make conflicting normative judgements, at most one of them is correct. Streumer argues that noncognitivists are unable to explain why is true, or our acceptance of it. I argue that his arguments are inconclusive. I also argue that our acceptance of is limited in the case of instrumental and epistemic normative judgements, and that the extent to which we do accept for (...) such judgements can be explained by an assumption of shared standards of correctness. Finally, I argue that reductivists can appeal to the same ideas to defend their view that instrumental and epistemic normative judgements describe non-normative relations. (shrink)

I can ask myself what to do, and I can ask myself what I ought to do. Are these the same question? We can imagine conjuring up a distinction, I’m sure. Suppose, though, I just told you this: “I have figured out what I ought to do, and I have figured out what to do.” Would you understand immediately what distinction I was making? To do so, you would have to exercise ingenuity. I have in mind here an “all (...) class='Hi'>things considered” ought that I can use in my thinking, an ought that is not specifically moral, in that it doesn’t settle by sheer rules of language that I ought always to abide by morality. For this ought, the question of what I ought to do seems just to be the question of what to do. (shrink)

I can ask myself what to do, and I can ask myself what I ought to do. Are these the same question? We can imagine conjuring up a distinction, I’m sure. Suppose, though, I just told you this: “I have figured out what I ought to do, and I have figured out what to do.” Would you understand immediately what distinction I was making? To do so, you would have to exercise ingenuity. I have in mind here an “all (...) class='Hi'>things considered” ought that I can use in my thinking, an ought that is not specifically moral, in that it doesn’t settle by sheer rules of language that I ought always to abide by morality. For this ought, the question of what I ought to do seems just to be the question of what to do. (shrink)

Epistemic nihilism for inquiry is the claim that there are no epistemic norms of inquiry. Epistemic nihilism was once the received stance towards inquiry, and I argue that it should be taken seriously again. My argument is that the same considerations which led us away from epistemic nihilism in the case of belief not only cannot refute epistemic nihilism for inquiry, but in fact may well support it. These include the argument from non-existence that there are no non-epistemic reasons for (...) belief; the linguistic argument that epistemic norms of belief are needed to capture the semantics of ordinary epistemic talk; and the argument from theoretical roles that epistemic norms are needed to play key theoretical roles for rational belief. I conclude by sketching an alternative Gibbardian picture on which norms of inquiry are all-things-considered norms governing action. (shrink)

The most important problem is philosophical deontic logic is to determine the logical form of expressions of conditional obligation. The dissertation shows first that this problem is closely related to David Lewis's well-known "problem about permission"--a problem concerning the characterization of changes in normative systems. The dissertation contains a solution to the problem about permission, as well as an argument that expressions of conditional obligation cannot be represented satisfactorily by means of some combination of monadic deontic operators and a (...) counterfactual conditional . ;Lewis formulates the problem about permission in terms of a language game for imperative and permission sentences. In order to solve the problem it is necessary first to point out the shortcoming in Lewis's game that it cannot be used satisfactorily to provide semantics for "contrary to duty" imperatives. Having revised the game it is possible to define the concept of relative defeasibility between imperatives. It is in terms of this concept that a solution to the problem about permission is formulated. ;The "revised game" is used as well to discuss problems concerning reasoning from sets of rules, principles, and facts to "all things considered" conclusions. It is argued that two distinct senses or uses of 'ought' must be distinguished in order to represent such reasoning satisfactorily. The role of the notion ceteris paribus is discussed. The notion is given a precise definition in terms of the possible worlds semantics of the "revised game" and it is argued that the notion is not as significant in normative reasoning as commonly is supposed. An alternative notion is defined and defended. (shrink)

Though Nietzsche traditionally often used to be interpreted as a nihilist, a range of possible metaethical interpretations, including varieties of realism, subjectivism and fictionalism, have emerged in the secondary literature. Recently the possibility that Nietzsche is a non-cognitivist has been broached. If one sees Hume as a central non-cognitivist figure, as recent non-cognitivists such as Simon Blackburn have, then the similarities between Nietzsche and Hume can make this reading seem plausible. This paper assesses the general plausibility of interpreting Nietzsche as (...) a non-cognitivist. Non-cognitivism can mean various things and so some attempt is made to lay out the various kinds of non-cognitivism one might ascribe to Nietzsche. As part of the overall assessment of the plausibility of a non-cognitivist Nietzsche, the paper considers in detail the arguments of Maudemarie Clark and David Dudrick on behalf of a non-cognitivist reading. It argues, however, that there is insufficient evidence to justify the interpretation and that the analogy to Hume is unhelpful. (shrink)

One of the most common judgments of normative life takes the following form: With respect to some things that matter, one item is better than the other, with respect to other things that matter, the other item is better, but all things considered – that is, taking into account all the things that matter – the one item is better than the other. In this paper, I explore how all-things-considered judgments are possible, (...) assuming that they are. In particular, I examine the question of how the different considerations relevant to an all-things-considered judgment come together in a way that gives each relevant consideration its proper due. I propose an answer which provides a unified account of all-things-considered judgments and highlights a deep connection between value and reason. My suggestion is that ‘all things considered’ is, in effect, a placeholder for a more comprehensive, sometimes nameless, value that includes the things considered as parts, and that this more comprehensive value determines how the things considered normatively relate. (shrink)

What reasons stand in favor of (or against) violent resistance to oppression? I distinguish two kinds of normative reasons that bear relevantly in such a practical deliberation. I argue that in addition to reasons of impartial morality, victims’ personal projects and relationships may also provide reasons for (or against) violent resistance. Moreover, there is no guarantee that conflicts will not occur between such reasons. Thus, some acts of violent resistance may arise from situations of radical choice in which impartial (...) moral reasons and personal reasons pull the agent in opposite directions. Regardless of what we ultimately think agents facing such decisions ought to do all things considered, recognizing such conflicts is crucial for understanding the circumstances that give rise to violence and for better sympathizing with victims who are pushed to such extreme modes of resistance. (shrink)

An action-oriented epistemology takes the idea that our capacity for belief subserves our capacity for action as the starting point for epistemological theorizing. This paper argues that an action-oriented epistemology is especially well-positioned to explain why it is that, at least for believers like us, whether or not conforming with the epistemic norms that govern belief-regulation would lead us to believe that p always bears on whether we have normative reasons to believe that p. If the arguments of this (...) paper are successful, then an action-oriented approach has a kind of explanatory power that has proved elusive, and so merits serious and sustained philosophical attention that it has yet to receive. (shrink)

To be a doxastic deontologist is to claim that there is such a thing as an ethics of belief (or of our doxastic attitudes in general). In other words, that we are subject to certain duties with respect to our doxastic attitudes, the non-compliance with which makes us blameworthy and that we should understand doxastic justification in terms of these duties. In this paper, I argue that these duties are our all things considered duties, and not our epistemic (...) or moral duties, for example. I show how this has the surprising result that, if deontologism is a thesis about doxastic justification, it entails that there is no such thing as epistemic or moral justification for a belief that p. I then suggest why this result, though controversial, may have some salutary consequences: primarily that it helps us make some sense of an otherwise puzzling situation regarding doxastic dilemmas. -/- . (shrink)

It is largely agreed that if constructivism contributes anything to meta-ethics it is by proposing that we understand ethical objectivity “in terms of a suitably constructed point of view that all can accept” (Rawls 1980/1999: 307). Constructivists defend this “practical” conception of objectivity in contrast to the realist or “ontological” conception of objectivity, understood as an accurate representation of an independent metaphysical order. Because of their objectivist but not realist commitments, Kantian constructivists place their theory “somewhere in the space between (...) realist and relativist accounts of ethics” (O’Neill 1988: 1). Furthermore, they argue that their practical conception of objectivity succeeds in making sense of certain features of morality, such as its categorical authority and its relation to rational agency, which escape rival theories (Korsgaard 1996b, Korsgaard 2003b). To this extent, constructivism claims a privileged place in meta-ethics. The legitimacy of this claim is widely challenged. Precisely because of its practical conception of objectivity, many – including some constructivists — regard constructivism as a first-order normative theory, rather than as a meta-ethical position, hence not on a par with realism. Some critics object that constructivism fails to offer a distinct meta-ethics because it is structurally incomplete and thus must be combined with a fully-fledged meta-ethics (Hussain and Shah 2006); others argue that it tacitly relies on realism (Timmons 2003; Shafer-Landau 2003; Larmore 2008). Thus far, the debate about the prospects of constructivism as a meta-ethical theory has been driven by the conviction that the case for or against constructivism depends on its ontological commitments. In this chapter, I propose a change in perspective. My aim is to defend constructivism as an objectivist account of practical knowledge. Its defining feature is the claim that practical knowledge is knowledge by principles. Its task is to establish a constitutive relation between knowledge of oneself as a practical subject and knowledge about what one ought to do. By focusing on the issue of practical knowledge I hope to show that the difficulty in situating Kantian constructivism firmly on the meta-ethical map, along with other meta-ethical theories, reflects ambiguities and oscillations about the practical significance of ethics. Even though the term is ambiguous, I retain the qualification “Kantian” for the constructivist theory I outline, and for two reasons. First, while the theory I outline differs from current agnostic or anti-realist variants, it is closer to its origins, since Kant treats practical reason as a cognitive capacity and takes moral judgments to be objective moral cognitions, which importantly differ from other sorts of rational cognitions because they bind us in the first person. Practical cognitions are common knowledge because they are such that all subjects endowed with rationality can arrive at them by reasoning and find them authoritative. Thus understood, Kantian constructivism carves a distinct logical space in the meta-ethical debate that other sorts of constructivism fail to identify. This is the second reason for keeping the qualification “Kantian”. On this formulation, constructivism is antagonistic to non-cognitivist theories denying that moral judgments have cognitive contents, because they deny that there is something to be known; but it is also a rival to cognitivist theories denying that knowledge can be practical in itself. How constructivism differs over the realist theories of practical reason is the least understood aspect of this debate. This essay aims to make the case that practical reason is both discursive and emotional. In contrast to foundational and anti-realist accounts of practical reasoning, it attempts to show that the moral feeling of respect plays a cognitive but non-evidential role in the account of the cognitive and practical powers of reason. The argument proceeds as follows. In section 1, I consider some prominent constructivist arguments against the model of applied knowledge and show that they are driven by non-cognitivist assumptions about the practicality of ethics and the legitimacy of epistemological claims. In section 2, I argue that these arguments do not succeed in disposing of the idea of practical knowledge as incoherent, because they trade on an ambiguity regarding the proper object of practical knowledge. To solve this ambiguity, I turn to Anscombe’s contrast between “practical” and “speculative” knowledge as models for understanding action. I thus suggest that Anscombe’s account of practical knowledge as knowledge of oneself as an agent is an important resource for Kantian constructivism. This finding prompts us to reset the current dispute about the ontological and epistemological commitments of Kantian constructivism, as illustrated in section 3. While constructivism does not postulate any moral ontology prior to reasoning, it attributes to reasoning the cognitive powers to establish a distinctive relation between the agent and her action. The task of sections 4-7 is to account for the distinctive features of Kantian constructivism understood as an objectivist account of practical knowledge. In section 4, I argue that in order for reasoning to accomplish its normative tasks, it should be conceived as a self-legislating activity. I respond to some objections to the idea of self-legislation as the form of rational willing by offering a dialogical view of practical reason. In section 5, I propose a non-standard interpretation of Kant’s argument of “the fact of reason” to show that the constructivist account of self-legislation does not build on realism about value, as its detractors claim. The “basis of construction” is the subjective experience of respect for the self-legislative capacity itself. This moral feeling conveys our awareness of rational agency and shows our responsiveness to the demands of practical reason. It is an emotional mode of practical knowledge of oneself as an agent (in the sense specified in section 2), but not as a mode of moral discernment. In section 6, I show how practical knowledge of oneself as an agent relates to practical knowledge about what one ought to do. I thus account for the relation between respect as emotional moral consciousness and respect as a deliberative constraint. Finally, in section 7, I reply to the objection of subjectivism. I explain how the complex sort of objectivity that Kantian constructivism affords is at the same time more ambitious and more modest than is generally assumed. (shrink)

The idea that normative statements implicitly refer to standards has been around for quite some time. It is usually defended by normative antirealists, who tend to be attracted to Humean theories of reasons. But this is an awkward combination: 'A ought to X' entails that there are reasons for A to X, and 'A ought to X all things considered' entails that the balance of reasons favours X-ing. If the standards implicitly referred to are not those (...) of the agent, then why would these entailments hold? After all, Humeanism says that 'A has a reason to X' is true if and only if A has some desire which is furthered by X-ing. In this paper, I develop a standard-relational theory of 'ought' and a non-Humean theory of reasons (oughtism). Together, they explain why 'A ought to X' entails not only that there are reasons for A to X, but also that the balance of reasons favours X-ing. The latter explanation depends on a theory of weight, in which the weight of a reason depends on the position of a rule (standard) in an order of priorities. The theories are truth-conditional, but do not require objective normative facts for the truth of 'ought' judgments and judgments about reasons. (shrink)

1.1 The Concept of Evil The problem of evil, in the sense relevant here, concerns the question of the reasonableness of believing in the existence of a deity with certain characteristics. In most discussions, the deity is God, understood as an omnipotent, omniscient, and morally perfect person. But the problem of evil also arises, as Hume saw very clearly, for deities that are less than all-powerful, less than all-knowing, and less than morally perfect. What is the relevant concept of evil, (...) in this context? Here it is useful to distinguish between axiological concepts and deontological ones. First, there are judgments about whether certain states of affairs make the world better or worse, whether those states are good or bad, desirable or undesirable. Such normative concepts – of good and bad, or desirable and undesirable, states of affairs – are axiological concepts. Secondly, there are judgments about the rightness and wrongness of actions, about what one morally ought or ought not do, of what one’s duty is, of whether a certain action violates someone rights, and these concepts – of the rightness and wrongness of actions, of duties, of the rights of individuals, of what one should or should not do – are deontological concepts. Given this distinction, should the problem of evil be understood axiologically or deontologically? Often, and I think most commonly in this context, evils are equated with states of affairs that, all things considered, are bad or undesirable: they are states of affairs that make the world a worse place. But one can also interpret the problem of evil in a deontological fashion, equating evils with states of affairs that a person should have prevented, if he could have done so. Elsewhere (2008, 105-6), I have argued that the deontological interpretation is preferable. But for present purposes, either interpretation will be fine. 1.2 Evil and the Reasonableness of Belief in the Existence of God That many things in the world – tsunamis, earthquakes, the suffering of non-human animals and innocent children, human actions such as the carrying out of the Holocaust – certainly appear to be evil is not a controversial matter. But whether such things are really evils, all things considered, is disputed. Assume, however, that the world does continue genuine evils, and not merely apparent ones. How, then does the existence of such evils bear upon the reasonableness of belief in the existence of God? First, the existence of evils can be used to show that certain arguments for the existence of God cannot establish that conclusion, or even render it probable. For some arguments, of course, one need not appeal to evil to make that point. If someone argues for the existence of a first cause, or an unmoved mover, or a necessary being having its necessity of itself, and then claims that this is what everyone understands by the term “God”, one can point out that no reason has been offered for thinking that the entity in question is even a person, let alone omnipotent, omniscient, and perfectly good. By contrast, with the type of argument that Hume was concerned with when he discussed the problem of evil – namely, arguments from the existence of order in the world to the existence of a designer, or intelligent cause of that order – one does have a type of argument that, if sound, shows that there is a person who, even if not omnipotent and omniscient, is at least extremely powerful and very knowledgeable. But such arguments do not support for conclusions about the moral character of such a person, and so it is at this point that the existence of evils becomes crucial. For in providing a reason for holding that the one is not justified in attributing even moral goodness to such a being, let alone moral perfection, it supports the conclusion that that argument in question cannot be a successful argument for the existence of God. The existence of evils, then, can serve to block arguments for the existence of God. But a second, and very familiar possibility, is that the existence of evils can also provide the basis of arguments against the existence of God. A very important distinction here is between deductive, or logical incompatibility, versions of the argument from evil, and inductive, or evidential, or probabilistic versions of the argument. According to the former, there are facts about the existence of evils in the world that are logically incompatible with the existence of God. Thus, some have held that the mere existence of any evil whatsoever is incompatible with the existence of God; others, that that certain types of evil – such as natural evils – are incompatible with the existence of God; and others, that it is the amount of evil in the world, or the fact that some people suffer horrendous evils, that logically precludes the existence of God. Inductive (or evidential, or probabilistic) versions of the argument from evil, by contrast, do not claim that there are facts about the evils in the world that are logically incompatible with the existence of God. The claim is rather that there are facts about the evils found in the world that render the existence of God at the very least unlikely, and perhaps extremely so. 1.3 Hume’s Use of the Existence of Evils The preceding discussion suggests two very different ways in which Hume might be employing the existence of evils. First, he might be appealing to the existence of evils simply to undercut certain arguments for the existence of God. In particular, he might be appealing to evils to show that, whatever the merits of the argument from order to design may be, it can nether establish, nor render probable, the existence of a morally good deity. Secondly, Hume might be advancing a version of the argument from evil, and that in turn could take the form either of an argument that claims that facts about evil are logically incompatible with the existence of God, or of an argument that claims, more modestly, that the apparent evils found in the world render the existence of God unlikely. (shrink)

This paper discusses varieties of normative phenomena, ranging from morality, to epistemic justification, to the rules of chess. It canvases a number of distinctions among these different normative phenomena. The most significant distinction is between formal and authoritative normativity. The prior is the normativity exhibited by any standard one can meet or fail to meet. The latter is the sort of normativity associated with phenomena like the "all-things-considered" ought. The paper ends with a brief discussion of (...) reasons for skepticism about authoritative normativity. (shrink)

There exists a widespread consensus amongst contemporary jurisprudents, positivists and non-positivists alike, that the meaning of ‘obligation’ should not radically shift from law to morality, or any of the other domains of practical reason. Yet there is limited effort in contemporary discussions of legal obligation to engage with the metaphysics of normativity with an eye to a well-founded account of those elements that deliver its non-conditional character. On a recent occasion I discussed the shortcomings of a prominent positivist account of (...) legal obligation, that of Jules Coleman. In this chapter I turn to a prominent non-positivist account, the model of principle, and argue that, even though it identifies key elements or conditions of normativity simpliciter, it stops short of delivering a conclusive account of unconditional legal obligation, an account that would place legal obligation in the same continuum with all other types of obligation. Taking up from where the model of principle halts, I propose a complementary—if more fundamental—account of normativity simpliciter, which I dub the model of norms. I make a case for it, by looking into universal conditions of normativity and, in conclusion, offer some more specific remarks about the advantages of the model of norms over other competing models. Part 2 looks into the account of legal obligation tendered by the model of principle. According to it, law is an instance of action-directing action or action that purports to get other agents to comply with the ends it sets out to attain. The idea here is that the very logic of action-direction draws moral reasons—principles—into the picture of legal obligation, as the one item that can explain how and whether the facts of a social practice, which purports to direct action, come to acquire the status of reasons for action for the subjects of law. Subsequently, this model is contrasted with an alternative model of obligation that takes facts of authority to constitute reasons of action in virtue solely of their structure. In conclusion it is argued that, in contrast to the second model, the model of principle manages to capture what is distinctive about action-directing action in the domain of law—that is, the special normative significance of the possibility to coerce others under a scheme of public institutions. Part 3 opens by pointing to a more widespread worry that needs to be addressed before the model of principle can be deemed fit for the role it is employed—the worry relates to the ability of principles to constitute genuine reasons for action. In particular, the enquiry investigates the nature of principles and their ability to avoid certain flaws that might pertain to reasons for action in general. In taking up this line of enquiry the paper looks into the more general debate on normativity with a view to specifying requirements that anything which purports to be a reason ought to meet. I employ a rationalist analysis of normativity, which brings the idea that intentional thought is normative to bear on the analysis of the meaning of normative terms, such as ‘ought’, ‘obligation’, ‘duty’. In conclusion, I argue that the content of normativity consists in normative facts—ie norms—which purport to model the content of ideal—or counterfactual—states of the will. Such norms give exhaustively the content of normativity. In light of the above, part 4 advances a two-layered model of norms, with the higher level being populated by norms simpliciter, and the lower by norms in a domain. When considered jointly the two layers ground the possibility of non-conditional obligation without evoking moral realism and the concomitant suspicion of scepticism. On the face of it some key advantages of the model of norms are discussed over the two other models of legal obligation, that of principle and that of authority. On the one hand norms resist the ‘talking past each other objection’ which is commonly levelled against principles. On the other, norms are much better suited to account for the moral limits of action-directing action than either principles or facts of authority, for they illustrate cogently that the grounds of any reason for action already include a concern for others’ autonomy. (shrink)

The Oxford English Dictionary defines fulfilment as ‘satisfaction or happiness as a result of fully developing one's potential or realizing one's aspirations; self-fulfillment’. Not only has the idea of fulfilment underpinned ‘approximately twenty centuries of philosophy’ as Lefebvre notes, it plays an indispensable role in both popular and scholarly accounts of education and upbringing. Experiences of education, of upbringing and of ‘life lessons’, however, are so often not about the fulfilment of oneself, about the discovery and actualisation of one's full (...) potential. Such experiences instead involve moments of sometimes irreparable failure and loss—a matter that has not received a great deal of attention in educational research and theory. After briefly examining the way that fulfilment is favourably framed both in humanistic psychology and in neo-humanist Bildungstheorie, this paper considers some of the exceptions to the nearly ubiquitous identification of education with fulfilment: Arthur Schopenhauer's view of the irrationality of human (developmental) experience and Ludwig Wittgenstein's use of the term ‘conditioning’ (Abrichtung) in some of his accounts of learning and socialisation. We then focus on failure and loss in education through an overview of the pedagogical theory of O.F. Bollnow. Bollnow, as is gradually being recognised in English-language scholarship, saw moments of uncertainty, disorientation and above all crisis as indispensable in educational experience—for both student and teacher. In this way, we show that instead of being the pursuit of self-fulfilment, education is unavoidably a matter of difficulty, disruption and also failure. It reshapes us, and this reshaping can be seen as being as much about formation as it is about deformation. (shrink)

This is an essay at the intersection of metaethics and the history of contemporary analytic philosophy. It explores the relationships between Allan Gibbard’s mature quasi-realist expressivism and (i) three non-naturalistic varieties of what I call “non-inflationary realism” and (ii) moral fictionalism. Moral or normative realism is frequently (if mistakenly) taken to involve certain existence-affirming external assumptions about the metaphysical status of substantive normative thought and discourse. The non-inflationary realists seek to embrace moral or normative objectivity and truth (...) without any distinctly—as they see it, “inflated”—moral or normative ontology. This position, along with a shared emphasis on the primacy of substantive moral or normative thought and discourse, brings them very close to Gibbard, and so to what it is tempting to treat as a strikingly different metaethical account. Focusing on the non-inflationary realists Ronald Dworkin, T.M. Scanlon, and Derek Parfit, I examine similarities among their views, and between each of these views and Gibbard’s. I argue that the non-inflationary realist project should be understood as including the work not only of these figures, characteristically seen as among its paradigmatic representatives, but also, crucially, that of Gibbard. They all agree that our moral or normative claims purport to state normative truths and that such claims are capable of being true or false and that when true they do not depend on the particular standpoint anyone happens to take. Our moral or normative thoughts can be characterized as beliefs. We can have moral knowledge. There are substantive moral and normative facts. These facts are not reducible to non-normative facts. Normative concepts cannot be analyzed in purely naturalistic terms; and normative facts do not depend on any robustly existent truth-makers. Focusing on these shared commitments enables me to home in on the apparent differences that nonetheless remain. They differ in significant respects, for instance, about whether—and, if so, to what extent—we can make any meaningful external (non-substantive) judgments about the moral or normative and about whether there is a role for property-based explanations that minimalism about the normative fails to capture. By investigating these and other differences, I shed light on what is at stake in giving an adequate account of our moral and normative thought and talk. I pursue this aim further by considering why it might seem that quasi-realist expressivism was a form of normative fictionalism or error theory—though it is not. I attempt here to clear up confusions stemming from common assumptions associated with terms like “realism,” “cognitivism,” or “fictionalism” with respect to morality or normativity. I distinguish some differences in the ways in which normative properties can be understood by non-inflationary realists and the roles they can play in explaining normativity. I underscore the implausibility of treating the moral domain as completely autonomous. And I attempt to offer suggestions regarding some conceptual options that remain to be further explored. I maintain that Gibbard makes explicit otherwise unacknowledged implications of Scanlon’s or Dworkin’s accounts, implications regarding deep differences between normative or moral and other domains, implications which might help explain the uneasiness that prompts Scanlon and Dworkin to resist Gibbard’s account and that pushes Parfit toward what seems to be a sort of intermediate position between non-inflationary and more ontologically committed realism. Non-inflationary realism forces us to rethink metaethics in interesting and promising ways. (shrink)

The Oxford English Dictionary defines fulfilment as ‘satisfaction or happiness as a result of fully developing one's potential or realizing one's aspirations; self-fulfillment’. Not only has the idea of fulfilment underpinned ‘approximately twenty centuries of philosophy’ as Lefebvre notes, it plays an indispensable role in both popular and scholarly accounts of education and upbringing. Experiences of education, of upbringing and of ‘life lessons’, however, are so often not about the fulfilment of oneself, about the discovery and actualisation of one's full (...) potential. Such experiences instead involve moments of sometimes irreparable failure and loss—a matter that has not received a great deal of attention in educational research and theory. After briefly examining the way that fulfilment is favourably framed both in humanistic psychology and in neo-humanist Bildungstheorie, this paper considers some of the exceptions to the nearly ubiquitous identification of education with fulfilment: Arthur Schopenhauer's view of the irrationality of human (developmental) experience and Ludwig Wittgenstein's use of the term ‘conditioning’ (Abrichtung) in some of his accounts of learning and socialisation. We then focus on failure and loss in education through an overview of the pedagogical theory of O.F. Bollnow. Bollnow, as is gradually being recognised in English-language scholarship, saw moments of uncertainty, disorientation and above all crisis as indispensable in educational experience—for both student and teacher. In this way, we show that instead of being the pursuit of self-fulfilment, education is unavoidably a matter of difficulty, disruption and also failure. It reshapes us, and this reshaping can be seen as being as much about formation as it is about deformation. (shrink)

Philanthropy is a contentious and often polarising topic within egalitarian social movements. There are good reasons for this. Philanthropy is reliant on the inequalities inherent in the capitalist system, is fundamentally at odds with democratic relationships, and can moderate or control the activities of recipients. This article therefore starts from the premise that philanthropy violates egalitarian ideals in very significant ways. However, it goes on to suggest that, absent a ruptural change that would drastically weaken the bases of philanthropic wealth, (...) there is a strategic and contingent case for its selective use so long as it pushes existing configurations of power in more egalitarian directions. In making this case, the article draws primarily on the work of Wright ( 2010 ) but also on recent developments in the political theory of philanthropy. It calls for a critical literacy around philanthropy that combines an openness to experimentation with a clear-eyed sense of its significant risks. In this respect, it outlines specific conditions and strategies that movements should adopt if they pursue or accept philanthropic funding. Firstly, movements must deliberately articulate and actively defend their transformative vision, clarifying in the process the tactical place of philanthropy within this. Secondly, they must resist funder conditionalities, and preserve egalitarian modes of organising in the face of practices which undermine participatory ideals and threaten relations of care and solidarity. The article’s chief contribution is to integrate normative insights with lessons from the sociological literature on movement-philanthropy relations, for the sake of systematically untangling a live and troublesome issue within the praxis of radical movements. (shrink)

The aim of this study is to justify the belief that there are biological normative mechanisms that fulfill non-trivial causal roles in the explanations (as formulated by researchers) of actions and behaviors present in specific systems. One example of such mechanisms is the predictive mechanisms described and explained by predictive processing (hereinafter PP), which (1) guide actions and (2) shape causal transitions between states that have specific content and fulfillment conditions (e.g. mental states). Therefore, I am guided by a (...) specific theoretical goal associated with the need to indicate those conditions that should be met by the non-trivial theory of normative mechanisms and the specific models proposed by PP supporters. In this work, I use classical philosophical methods, such as conceptual analysis and critical reflection. I also analyze selected studies in the field of cognitive science, cognitive psychology, neurology, information theory and biology in terms of the methodology, argumentation and language used, in accordance with their theoretical importance for the issues discussed in this study. In this sense, the research presented here is interdisciplinary. My research framework is informed by the mechanistic model of explanation, which defines the necessary and sufficient conditions for explaining a given phenomenon. The research methods I chose are therefore related to the problems that I intend to solve. In the introductory chapter, “The concept of predictive processing”, I discuss the nature of PP as well as its main assumptions and theses. I also highlight the key concepts and distinctions for this research framework. Many authors argue that PP is a contemporary version of Kantianism and is exposed to objections similar to those made against the approach of Immanuel Kant. I discuss this thesis and show that it is only in a very general sense that the PP framework is neo-Kantian. Here we are not dealing with transcendental deduction nor with the application of transcendental arguments. I argue that PP is based on reverse engineering and abduction inferences. In the second part of this chapter, I respond to the objection formulated by Dan Zahavi, who directly accuses this research framework of anti-realistic consequences. I demonstrate that the position of internalism, present in the so-called conservative PP, does not imply anti-realism, and that, due to the explanatory role played in it by structural representations directed at real patterns, it is justified to claim that PP is realistic. In this way, I show that PP is a non-trivial research framework, having its subject, specific methods and its own epistemic status. Finally, I discuss positions classified as the socalled radical PP. In the chapter “Predictive processing as a Bayesian explanatory model” I justify the thesis according to which PP offers Bayesian modeling. Many researchers claim that the brain is an implemented statistical probabilistic network that is an approximation of the Bayesian 7 rule. In practice, this means that all cognitive processes are to apply Bayes' rule and can be described in terms of probability distributions. Such a solution arouses objections among many researchers and is the subject of wide criticism. The purpose of this chapter is to justify the thesis that Bayesian PP is a non-trivial research framework. For this purpose, I argue that it explains certain phenomena not only at the computational level described by David Marr, but also at the level of algorithms and implementation. Later in this chapter I demonstrate that PP is normative modeling. Proponents of the use of Bayesian models in psychology or decision theory argue that they are normative because they allow the formulation of formal rules of action that show what needs to be done to make a given action optimal. Critics of this approach emphasize that such thinking about the normativity of Bayesian modeling is unjustified and that science should shift from prescriptive to descriptive positions. In a polemic with Shira Elqayam and Jonathan Evans (2011), I show that the division they propose into prescriptivism and Bayesian descriptivism is apparent, because, as I argue, there are two forms of prescriptivism, i.e. the weak and the strong. I argue that the weak version is epistemic and can lead to anti-realism, while the strong version is ontic and allows one to justify realism in relation to Bayesian models. I argue that a weak version of prescriptivism is valid for PP. It allows us to adopt anti-realism in relation to PP. In practice, this means that you can explain phenomena using Bayes' rule. This does not, however, imply that they are Bayesian in nature. However, the full justification of realism in relation to the Bayesian PP presupposes the adoption of strong prescriptivism. This position assumes that phenomena are explained by Bayesian rule because they are Bayesian as such. If they are Bayesian in nature, then they should be explained using Bayesian modeling. This thesis will be substantiated in the chapters “Normative functions and mechanisms in the context of predictive processing” and “Normative mechanisms and actions in predictive processing”. In the chapter “The Free Energy Principle in predictive processing”, I discuss the Free Energy Principle (hereinafter FEP) formulated by Karl Friston and some of its implications. According to this principle, all biological systems (defined in terms of Markov blankets) minimize the free energy of their internal states in order to maintain homeostasis. Some researchers believe that PP is a special case of applying this principle to cognition, and that predictive mechanisms are homeostatic mechanisms that minimize free energy. The discussion of FEP is important due to the fact that some authors consider it to be important for explanatory purposes and normative. If this is the case, then FEP turns out to be crucial in explaining normative predictive mechanisms and, in general, any normative biological mechanisms. To define the explanatory possibilities of this principle, I refer to the discussion of its supporters on the issue they define as the problem of continuity and discontinuity between life and mind. A critical analysis of this discussion and the additional arguments I have formulated have allowed me to revise the explanatory ambitions of FEP. I also reject the belief that this principle is necessary to explain the nature of predictive mechanisms. I argue that the principle formulated and defended by Friston is an important research heuristic for PP analysis. 8 In the chapter “Normative functions and mechanisms in predictive processing”, I start my analyzes by formulating an answer to the question about the normative nature of homeostatic mechanisms. I demonstrate that predictive mechanisms are not homeostatic. I defend the view that a full explanation of normative mechanisms presupposes an explanation of normative functions. I discuss the most important proposals for understanding the normativity of a function, both from a systemic and teleosemantic perspective. I conclude that the non-trivial concept of a function must meet two requirements which I define as explanatory and normative. I show that none of the theories I have invoked satisfactorily meets both of these requirements. Instead, I propose a model of normativity based on Bickhard's account, but supplemented by a mechanistic perspective. I argue that a function is normative when: (1) it allows one to explain the dysfunction of a given mechanism; (2) it contributes to the maintenance of the organism's stability by shaping and limiting possible relations, processes and behaviors of a given system; and when (3) (according to the representational and predictive functions) it enables explaining the attribution of logical values of certain representations / predictions. In such an approach, a mechanism is normative when it performs certain normative functions and when it is constitutive for a specific action or behavior, despite the fact that for some reason it cannot realize it either currently or in the long-term. Such an understanding of the normativity of mechanisms presupposes the acceptance of the epistemic hypothesis. I argue that this hypothesis is not cognitively satisfactory, and therefore the ontic hypothesis should be justified, which is directly related to adopting the position of ontic prescriptivism. For this reason, referring to the mechanistic theory of scientific explanations, I formulate an ontical interpretation of the concept of a normative mechanism. According to this approach, a mechanism or a function is normative when they perform such and such causal roles in explaining certain actions and behaviors. With regard to the normative properties of predictive mechanisms and functions, this means that they are the causes of specific actions an organism carries out in the environment. In this way, I justify the necessity of accepting the ontic hypothesis and rejecting the epistemic hypothesis. The fifth chapter, “Normative mechanisms and actions in predictive processing”, is devoted to the dark room problem and the related exploration-exploitation trade-off. A dark room is the state that an agent could be in if it minimized the sum of all potential prediction errors. I demonstrate that, in accordance with the basic assumption of PP about the need for continuous and long-term minimization of prediction errors, such a state should be desirable for the agent. Is it really so? Many authors believe it is not. I argue that the test of the value of PP is the possibility of a non-trivial solution of this problem, which can be reduced to the choice between active and uncertainty-increasing exploration and safe and easily predictable exploitation. I show that the solution proposed by PP supporters present in the literature does not enable a fully satisfactory explanation of this dilemma. Then I defend the position according to which the full explanation of the normative mechanisms, and, subsequently, the solution to the dilemma of exploration and exploitation, involves reference to the existence of constraints present in the environment. The constraints 9 include elements of the environment that make a given mechanism not only causal but also normative. They are therefore key to explaining the predictive mechanisms. They do not only play the role of the context in which the mechanism is implemented, but, above all, are its constitutive component. I argue that the full explanation of the role of constraints in normative predictive mechanisms presupposes the integration of individual models of specific cognitive phenomena, because only the mechanistic integration of PP with other models allows for a non-trivial explanation of the nature of normative predictive mechanisms that would have a strong explanatory value. The explanatory monism present in many approaches to PP makes it impossible to solve the problem of the dark room. Later in this chapter, I argue that the Bayesian PP is normative not because it enables the formulation of such and such rules of action, but because the predictive mechanisms themselves are normative. They are normative because they condition the choice of such and such actions by agents. In this way, I justify the hypothesis that normative mechanisms make it possible to explain the phenomenon of agent motivation, which is crucial for solving the dark room problem. In the last part of the chapter, I formulate the hypothesis of distributed normativity, which assumes that the normative nature of certain mechanisms, functions or objects is determined by the relations into which these mechanisms, functions or objects enter. This means that what is normative (in the primary sense) is the relational structure that constitutes the normativity of specific items included in it. I suggest that this hypothesis opens up many areas of research and makes it possible to rethink many problems. In the “Conclusion”, I summarize the results of my research and indicate further research perspectives. (shrink)

This is a Portuguese translation of Jeffrey J. Jordan (ed.), Philosophy of Religion: The Key Thinkers. London and New York: Continuum. pp. 159-86 (2011). -/- Abstract -/- 1.1 The Concept of Evil The problem of evil, in the sense relevant here, concerns the question of the reasonableness of believing in the existence of a deity with certain characteristics. In most discussions, the deity is God, understood as an omnipotent, omniscient, and morally perfect person. But the problem of evil also arises, (...) as Hume saw very clearly, for deities that are less than all-powerful, less than all-knowing, and less than morally perfect. What is the relevant concept of evil, in this context? Here it is useful to distinguish between axiological concepts and deontological ones. First, there are judgments about whether certain states of affairs make the world better or worse, whether those states are good or bad, desirable or undesirable. Such normative concepts – of good and bad, or desirable and undesirable, states of affairs – are axiological concepts. Secondly, there are judgments about the rightness and wrongness of actions, about what one morally ought or ought not do, of what one’s duty is, of whether a certain action violates someone rights, and these concepts – of the rightness and wrongness of actions, of duties, of the rights of individuals, of what one should or should not do – are deontological concepts. Given this distinction, should the problem of evil be understood axiologically or deontologically? Often, and I think most commonly in this context, evils are equated with states of affairs that, all things considered, are bad or undesirable: they are states of affairs that make the world a worse place. But one can also interpret the problem of evil in a deontological fashion, equating evils with states of affairs that a person should have prevented, if he could have done so. Elsewhere (2008, 105-6), I have argued that the deontological interpretation is preferable. But for present purposes, either interpretation will be fine. -/- 1.2 Evil and the Reasonableness of Belief in the Existence of God That many things in the world – tsunamis, earthquakes, the suffering of non-human animals and innocent children, human actions such as the carrying out of the Holocaust – certainly appear to be evil is not a controversial matter. But whether such things are really evils, all things considered, is disputed. Assume, however, that the world does continue genuine evils, and not merely apparent ones. How, then does the existence of such evils bear upon the reasonableness of belief in the existence of God? First, the existence of evils can be used to show that certain arguments for the existence of God cannot establish that conclusion, or even render it probable. For some arguments, of course, one need not appeal to evil to make that point. If someone argues for the existence of a first cause, or an unmoved mover, or a necessary being having its necessity of itself, and then claims that this is what everyone understands by the term “God”, one can point out that no reason has been offered for thinking that the entity in question is even a person, let alone omnipotent, omniscient, and perfectly good. By contrast, with the type of argument that Hume was concerned with when he discussed the problem of evil – namely, arguments from the existence of order in the world to the existence of a designer, or intelligent cause of that order – one does have a type of argument that, if sound, shows that there is a person who, even if not omnipotent and omniscient, is at least extremely powerful and very knowledgeable. But such arguments do not support for conclusions about the moral character of such a person, and so it is at this point that the existence of evils becomes crucial. For in providing a reason for holding that the one is not justified in attributing even moral goodness to such a being, let alone moral perfection, it supports the conclusion that that argument in question cannot be a successful argument for the existence of God. The existence of evils, then, can serve to block arguments for the existence of God. But a second, and very familiar possibility, is that the existence of evils can also provide the basis of arguments against the existence of God. A very important distinction here is between deductive, or logical incompatibility, versions of the argument from evil, and inductive, or evidential, or probabilistic versions of the argument. According to the former, there are facts about the existence of evils in the world that are logically incompatible with the existence of God. Thus, some have held that the mere existence of any evil whatsoever is incompatible with the existence of God; others, that that certain types of evil – such as natural evils – are incompatible with the existence of God; and others, that it is the amount of evil in the world, or the fact that some people suffer horrendous evils, that logically precludes the existence of God. Inductive (or evidential, or probabilistic) versions of the argument from evil, by contrast, do not claim that there are facts about the evils in the world that are logically incompatible with the existence of God. The claim is rather that there are facts about the evils found in the world that render the existence of God at the very least unlikely, and perhaps extremely so. -/- 1.3 Hume’s Use of the Existence of Evils The preceding discussion suggests two very different ways in which Hume might be employing the existence of evils. First, he might be appealing to the existence of evils simply to undercut certain arguments for the existence of God. In particular, he might be appealing to evils to show that, whatever the merits of the argument from order to design may be, it can nether establish, nor render probable, the existence of a morally good deity. Secondly, Hume might be advancing a version of the argument from evil, and that in turn could take the form either of an argument that claims that facts about evil are logically incompatible with the existence of God, or of an argument that claims, more modestly, that the apparent evils found in the world render the existence of God unlikely. (shrink)

Many of us feel internally conflicted in the face of certain normative claims that make infeasible demands: say, normative claims that demand that agents do what, given deeply entrenched objectionable character traits, they cannot bring themselves to do. On the one hand, such claims may seem false on account of demanding the infeasible, and insisting otherwise may seem to amount to objectionable unworldliness – to chasing “pies in the sky.” On the other hand, such claims may seem true (...) in spite of making infeasible demands, and insisting otherwise may seem to amount to treating the agents in question with undue lenience – to mistakenly letting them “off the hook.” What is going on? One possibility is that we are making a mistake. I explore the alternative hypothesis that our ambivalent reactions, far from involving any mistake, are entirely consistent and appropriate. Rather than some single privileged ought such that the idea that “ought” implies “feasible” is either true or false, there are simply different oughts that are supposed to be capable of operating in the service of, and playing distinct roles associated with, what I shall call different core normative practices. In particular, there is a) some salient core practice-serving ought for which it’s true that “ought” implies “feasible” and b) some other salient core practice-serving ought for which it’s false that “ought” implies “feasible.” I sketch a framework for understanding different core practice-serving oughts in general and then use this framework to consider which particular core practice-serving oughts might be capable of vindicating our ambivalence. I begin by considering and rejecting a prevalent and prima facie promising account according to which the relevant oughts are the prescriptive ought and the evaluative ought. I then propose a different account that holds that the oughts we need are instead the deliberative ought and the hypological ought. (shrink)

Abstract: It deals with the question of what a moral judgment is. On the one hand, a satisfactory theory of moral judgments must take into account the descriptive character of moral judgments and the realistic language of morals. On the other hand, it must also meet the non-descriptive character of moral judgments that consists in the recommending or condemning element and in the fact that normative statements are derived from moral judgments. However, cognitivism and emotivism or “normativism” are contradictory (...) theories: If moral judgments are descriptive, it is not possible to deduce norms from them. But if one can deduce norms from moral judgments, they are not descriptive. As a solution to this problem, the paper suggests that moral judgments represent institutional facts; the corresponding theory is moral institutionalism. A moral institutional fact – “an act X is Y”, Y” means “morally right” or “morally false” – is a hybrid of descriptive and prescriptive elements: It is stating a fact in descriptive language (“is”) and at the same time, it is short for the prescriptive constitutive rule “X is Y according to the moral rules of the language community C”. Institutional facts contain normative presuppositions without letting them appear in their grammatical form. Institutional facts are now (in relation to the language community C) objective and intersubjective and they can be generalized (cognitive aspect), although they cannot be reduced to brute physical or psychological facts, and it is also possible to deduce norms from them because they are built into them. The meta-ethical concept of moral institutionalism, which is evolved further in the paper, preserves the best intentions of emotivism and cognitivism without leading to contradiction. As a by-product, the article shows exactly the error in J. R. Searle’s alleged counterexample against the so-called naturalistic fallacy from “is” to “ought”. This lies in the normative “are” of the analytic premise or definition in “2a. All promises are [that is ought to be] acts of placing oneself under (undertaking) an obligation to do the thing promised”. In “Key concepts in philosophy”, Sankt Augustin 2015, institutionalism is explained further (p.184-191) and confined to what Hegel has called “Sittlichkeit” that is customary morality in in distinction to the “morality” of my personal consciousness (p.212-213):. (shrink)

It deals with the question of what a moral judgment is. On the one hand, a satisfactory theory of moral judgments must take into account the descriptive character of moral judgments and the realistic language of morals. On the other hand, it must also meet the non-descriptive character of moral judgments that consists in the recommending or condemning element and in the fact that normative statements are derived from moral judgments. However, cognitivism and emotivism or “normativism” are contradictory theories: (...) If moral judgments are descriptive, it is not possible to deduce norms from them. But if one can deduce norms from moral judgments, they are not descriptive. As a solution to this problem, the paper suggests that moral judgments represent institutional facts; the corresponding theory is moral institutionalism. A moral institutional fact – “an act X is Y”, Y means “morally right” or “morally false” – is a hybrid of descriptive and prescriptive elements: It is stating a fact in descriptive language (“is”) and at the same time, it is short for the prescriptive constitutive rule “X is Y according to the moral rules of the language community C”. Institutional facts contain normative presuppositions without letting them appear in their grammatical form. Institutional facts are now (in relation to the language community C) objective and intersubjective and they can be generalized (cognitive aspect), although they cannot be reduced to brute physical or psychological facts, and it is also possible to deduce norms from them because they are built into them. The meta-ethical concept of moral institutionalism, which is evolved further in the paper, preserves the best intentions of emotivism and cognitivism without leading to contradiction. As a by-product, the article shows exactly the still undetected error in J. R. Searle’s alleged counterexample against the so-called naturalistic fallacy from “is” to “ought”. This lies in the normative “are” of the analytic premise or definition in “2a. All promises are [that is ought to be] acts of placing oneself under (undertaking) an obligation to do the thing promised”. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)