I argue that imperatives express contents that are both cognitively and semantically related to, but nevertheless distinct from, modal propositions. Imperatives, on this analysis, semantically encode features of planning that are modally specified. Uttering an imperative amounts to tokening this feature in discourse, and thereby proffering it for adoption by the audience. This analysis deals smoothly with the problems afflicting Portner's Dynamic Pragmatic account and Kaufmann's Modal account. It also suggests an appealing reorientation of clause-type theorizing, in which the cognitive (...) act of updating on a typed sentence plays a central role in theorizing about both its semantics and role in discourse. (shrink)

The paper presents a novel view of social norms that reflects the importance of different agent types, their specific motivations and roles. How one identifies with a role and behavioral options available to the agent is crucial for the sustainability of the social norms. The analysis of a simple case of social norm is suggested as a default model for analysis, and then the classification of subjects, enforcers, and audience is introduced. This triangular typology of agents is (...) extended by introducing a network of interlocking patterns underlying social behavior. Lastly, the paper describes two categories of transgressions based on misidentification. (shrink)

Displacing the physiological model that had held sway in 19th-century medical thinking, early 20th-century hormone research promoted an understanding of the body and sexual desires in which variations in sex characteristics and non-reproductive sexual behaviours such as homosexuality were attributed to anomalies in the internal secretions produced by the testes or the ovaries. Biotypology, a new brand of medical science conceived and led by the Italian endocrinologist Nicola Pende, employed hormone research to study human types and hormone treatments to (...) normalise individuals who did not conform to accepted medical norms. Latin American medical doctors, eugenicists, and sexologists took up biotypology with enthusiasm. This article considers the case studies of Italy, Argentina, and Brazil, and analyses the work of medical doctors who adopted a biotypological mode of reasoning and employed to various extents hormone therapies in their practice. By focusing on hormone therapies that aimed to normalise secondary sexual characteristics and the sexual instinct, the article suggests that while the existence of normality was contested to the point that a number of medical scientists argued that no such thing existed, the pursuit of normality was carried out in very practical terms through the new medical technologies hormone research had introduced. (shrink)

This paper describes the automated classification of legal norms in German statutes with regard to their semantic type. We propose a semantic type taxonomy for norms in the German civil law domain consisting of nine different types focusing on functional aspects, such as Duties, Prohibitions, Permissions, etc. We performed four iterations in classifying legal norms with a rule-based approach using a manually labeled dataset, i.e., tenancy law, of the German Civil Code ). During this experiment the (...) \ score continuously improved from 0.52 to 0.78. In contrast, a machine learning based approach for the classification was implemented. A performance of \ was reached. Traditionally, machine learning classifiers lack of transparency with regard to their decisions. We extended our approach using so-called local linear approximations, which is a novel technique to analyze and inspect a trained classifier’s behavior. We can show that there are significant similarities of manually crafted knowledge, i.e., rules and pattern definitions, and the trained decision structures of machine learning approaches. (shrink)

Information avoidance is a prevalent communication phenomenon that is less well understood than information seeking. The present study adopts a social-normative perspective on information avoidance as social norms are powerful drivers of behaviors. We aim to separate various types of avoidance-related norms and examine how they relate to information avoidance intentions about the COVID-19 vaccination. Our online survey of a stratified sample of the German population (N = 1,508) revealed that there are personal and societal-level injunctive, descriptive (...) and subjective norms. Except for societal-level descriptive norms, all norms were related to increased avoidance intention. Personal-level norms were revealed to be more important than societal-level norms in predicting avoidance behaviors. (shrink)

My commentators have brought a set of claims and questions to bear on my analytical distinctions and normative arguments. Alice MacLachlan is interested in the relationship between Lordean rage and the other, more negative anger types that I describe, as well as the limits of the anger of rage renegades. Lidal Dror wonders if we should have Lordean rage, to what extent my account of resssentiment rage is in fact Lordean, and whether it is enough to only experience Lordean (...) rage. And Nic Bommarito wonders if my other anger types could be good in certain ways and if there are other “Lordean emotions.” So, in my replies, I will address each of these in turn. And I end with a brief note about love and Lordean rage. (shrink)

Clinical biobanks processing data of participants in the European Union fall under the scope of the General Data Protection Regulation, which among others includes requirements for consent. These requirements are further specified by the Article 29 Working Party —an EU advisory body currently known as the European Data Protection Board. Unfortunately, their guidance is cause for some confusion. While the GDPR allows participants to give broad consent for research when specific research purposes are still unknown, the WP29 guidelines suggest that (...) additional consent for specific uses should be obtained in addition to broad consent when this becomes applicable. This discrepancy elicits the question whether clinical biobanks can fail the requirement of consent if they obtain broad consent, but not a specific consent for each biomedical study. We analysed this discrepancy within the framework of contextual integrity, in order to describe the context-relative informational norms that govern information flows in clinical biobanks. However, our analysis demonstrates that there is no uniform set of norms that can be applied to all clinical biobanks. As such, neither the GDPR nor the WP29 guidance can act as a “one size fits all” approach to all clinical biobanks. Rather, differences between clinical biobanks—especially regarding the scientific aims and patient populations—make the case for context-relative norms that determine the appropriate type of consent. (shrink)

I introduce a new version of Moral Error Theory, which I call Type-B Moral Error Theory. According to a Type-B theorist there are no facts of the kind required for there to be morality in stricto sensu, but there can be irreducible ‘normative’ properties which she deems, strictly speaking, to be morally irrelevant. She accepts that there are instrumental all things considered oughts, and categorical pro tanto oughts, but denies that there are categorical all things considered oughts on pain of (...) requiring ‘queer’ facts to obtain. I detail the most central motivation of this version of the theory against its more traditional rival, according to which there are no irreducible normative properties at all. The motivation is that it, unlike its rival, can successfully be defended against the notorious charge of self-defeat. (shrink)

In this paper I develop an argument against a type of Non-Analytic Normative Naturalism. This argument, the Normative Property Dualism Argument, suggests that, if Non-Analytic Normative Naturalists posit that normative properties are identical to natural properties and that such identities are a posteriori, they will be forced to posit that these properties which are both normative and natural have higher-order normative properties of their own.

Inspired by a construction of the Tsirelson space , we prove a general theorem for omitting countably many positive formulas in normed spaces. This theorem can be used in functional analysis as a tool to guarantee the existence of complicated normed spaces without having to construct them. The proof of this result is based on the notion of approximate truth and on a study of the relationship between approximate truth and convergence in normed spaces. We illustrate the power of this (...) result with an application to functional analysis. (shrink)

The power of algorithms has become a familiar topic in society, media, and the social sciences. It is increasingly common to argue that, for instance, algorithms automate inequality, that they are biased black boxes that reproduce racism, or that they control our money and information. Implicit in many of these discussions is that algorithms are permeated with normativities, and that these normativities shape society. The aim of this editorial is double: First, it contributes to a more nuanced discussion about algorithms (...) by discussing how we, as social scientists, think about algorithms in relation to five theoretical ideal types. For instance, what does it mean to go under the hood of the algorithm and what does it mean to stay above it? Second, it introduces the contributions to this special theme by situating them in relation to these five ideal types. By doing this, the editorial aims to contribute to an increased analytical awareness of how algorithms are theorized in society and culture. The articles in the special theme deal with algorithms in different settings, ranging from farming, schools, and self-tracking to AIDS, nuclear power plants, and surveillance. The contributions thus explore, both theoretically and empirically, different settings where algorithms are intertwined with normativities. (shrink)

Many philosophers hold antirealist views about morality, according to which moral facts or truths do not exist. Does this imply that other types of normative facts, such as epistemic facts, do not exist? The Normative Web develops a positive answer to this question. By means of an analogy between moral and epistemic facts, Terence Cuneo presents a compelling defence of robust realism in ethics. In so doing, he engages with a range of antirealist positions in epistemology such as error (...) theories, expressivist views, and reductionist views of epistemic reasons. (shrink)

I introduce a new version of Moral Error Theory, which I call Type-B Moral Error Theory. According to a Type-B theorist there are no facts of the kind required for there to be morality instricto sensu, but there can be irreducible ‘normative’ properties which she deems, strictly speaking, to be morally irrelevant. She accepts that there areinstrumentalall things considered oughts, andcategoricalpro tanto oughts (both of which she deems morally irrelevant), but denies that there arecategoricalall things considered oughts on pain of (...) requiring ‘queer’ facts to obtain. I detail the most central motivation of this version of the theory against its more traditional rival, according to which there are no irreducible normative properties at all. The motivation is that it, unlike its rival, can successfully be defended against the notorious charge of self-defeat. (shrink)

A growing body of research has examined how people judge the persistence of identity over time—that is, how they decide that a particular individual is the same entity from one time to the next. While a great deal of progress has been made in understanding the types of features that people typically consider when making such judgments, to date, existing work has not explored how these judgments may be shaped by normative considerations. The present studies demonstrate that normative beliefs (...) do appear to play an important role in people's beliefs about persistence. Specifically, people are more likely to judge that the identity of a given entity remains the same when its features improve than when its features deteriorate. Study 1 provides a basic demonstration of this effect. Study 2 shows that this effect is moderated by individual differences in normative beliefs. Study 3 examines the underlying mechanism, which is the belief that, in general, various entities are essentially good. Study 4 directly manipulates beliefs about essence to show that the positivity bias regarding essences is causally responsible for the effect. (shrink)

Living agency is subject to a normative dimension (good-bad, adaptive-maladaptive) that is absent from other types of interaction. We review current and historical attempts to naturalize normativity from an organism-centered perspective, identifying two central problems and their solution: (1) How to define the topology of the viability space so as to include a sense of gradation that permits reversible failure, and (2) how to relate both the processes that establish norms and those that result in norm-following behavior. We (...) present a minimal metabolic system that is coupled to a gradient-climbing chemotactic mechanism. Studying the relationship between metabolic dynamics and environmental resource conditions, we identify an emergent viable region and a precarious region where the system tends to die unless environmental conditions change. We introduce the concept of normative field as the change of environmental conditions required to bring the system back to its viable region. Norm-following, or normative action, is defined as the course of behavior whose effect is positively correlated with the normative field. We close with a discussion of the limitations and extensions of our model and some final reflections on the nature of norms and teleology in agency. (shrink)

An area in the theory of action that has received little attention is how mental agency and world-directed agency interact. The purpose of the present contribution is to clarify the rational conditions of such interaction, through an analysis of the central case of acceptance. There are several problems with the literature about acceptance. First, it remains unclear how a context of acceptance is to be construed. Second, the possibility of conjoining, in acceptance, an epistemic component, which is essentially mind-to-world, and (...) a utility component, which requires a world-to-mind direction of fit, is merely posited rather than derived from the rational structure of acceptance. Finally, the norm of acceptance is generally seen as related to truth, which turns out to be inapplicable in a number of cases. We will argue, first, that the specific context-dependence of acceptances is derived from their being mental actions, each embedded in a complex hierarchy of acceptances composing, together, a planning sequence. Second, that acceptances come in several varieties, corresponding to the specific epistemic norm(s) that constitute them. The selection of a particular norm for accepting answers to considerations of utility – to the association of an epistemic goal with an encompassing world-directed action. Once a type of acceptance is selected, however, the epistemic norm constitutive for that acceptance strictly applies. Third, we argue that context-dependence superimposes a decision criterion on the output of the initial epistemic acceptance. Strategic acceptance is regulated by instrumental norms of expected utility, which may rationally lead an agent to screen off her initial epistemic acceptance. (shrink)

It is widely held that there is a distinctive norm of assertion. A plausible idea is that there is an analogous, perhaps weaker, norm for indirect communication via implicatures. I argue against this type of proposal. My claim is that the norm of assertion is a social norm governing public updates to the conversational record. Off the record implicatures are not subject to social norms of this type. I grant that, as happens in general with intentional actions, off the (...) record communicative acts may be subject to normative assessments on different levels (for instance, regarding their moral or prudential appropriateness). However, such assessments do not generate distinctive norms that apply to all cases of implicature. (shrink)

It is often claimed that humans are rational, linguistic, cultural, or moral creatures. What these characterizations may all have in common is the more fundamental claim that humans are normative animals, in the sense that they are creatures whose lives are structured at a fundamental level by their relationships to norms. The various capacities singled out by discussion of rational, linguistic, cultural, or moral animals might then all essentially involve an orientation to obligations, permissions and prohibitions. And, if this (...) is so, then perhaps it is a basic susceptibility, or proclivity to normative or deontic regulation of thought and behavior that enables humans to develop the various specific features of their life form. This volume of new essays investigates the claim that humans are essentially normative animals in this sense. The contributors do so by looking at the nature and relations of three types of norms, or putative norms-social, moral, and linguistic-and asking whether they might all be different expressions of one basic structure unique to humankind. These questions are posed by philosophers, primatologists, behavioral biologists, psychologists, linguists, and cultural anthropologists, who have collaborated on this topic for many years. The contributors are committed to the idea that understanding normativity is a two-way process, involving a close interaction between conceptual clarification and empirical research. (shrink)

This entry discusses the notion of a unit of normativity. This notion may be understood in two distinct ways. One way to understand a unit of normativity is as some particular type of assignment of normative status, e.g., a requirement, an ought, a reason, or a permission. A second way to understand a unit of normativity is as a measure of a quantity of normativity, perhaps associated with the numerical assignment given to the strength of reasons. This entry outlines some (...) basic differences among units of normativity in the first sense, noting that they vary slightly depending on whether one is talking about normativity in a more general or more robust sense. This entry also discusses in more detail the question of whether there might be a unit of normativity in the second sense. It discusses the relevant metaphysical questions. It also provides an explanation of why reasons can be assigned numerical strengths, even if there are no units of normativity in the sense of measurements of quantities of normativity. (shrink)

Jennifer Rose Carr’s (2020) article “Normative Uncertainty Without Theories” proposes a method to maximize expected value under normative uncertainty without Intertheoretic Value Comparison (hereafter IVC). Carr argues that this method avoids IVC because it avoids theories: the agent’s credence is distributed among normative hypotheses of a particular type, which don’t constitute theories. However, I argue that Carr’s method doesn’t avoid or help to solve what I consider as the justificatory problem of IVC, which isn’t specific to comparing theories as such. (...) This threatens the implementability of Carr’s method. Fortunately, I also show how Carr’s method can nevertheless be implemented. I identify a type of epistemic states where the justificatory problem of IVC is not a necessary obstacle to maximizing expected value. In such states, the uncertainty stems from indecisive normative intuitions, and the agent justifiably constructs each normative hypothesis on the basis of a consistent subset of her intuitions by reference to the same unit of value. This part of my argument complements not only Carr’s (2020) argument, but also some moderate defenses of IVC. The combination of Carr’s paper and mine helps to illuminate the conditions for maximizing expected value under normative uncertainty without unjustified value comparison. (shrink)

I defend the thesis that beliefs are constitutively normative from two kinds of objection. After clarifying what a “blindspot” proposition is and the different types of blindspots there can be, I show that the existence of such propositions does not undermine the thesis that beliefs are essentially governed by a negative truth norm. I argue that the “normative variance” exhibited by this norm is not a defect. I also argue that if we accept a distinction between subjective and objective (...) norms there need be no worrying tension between doxastic norms of truth and doxastic norms of evidence. I show how a similar approach applies to the attitude of guessing. I then suggest that if we distinguish between practical and theoretical rationality, we will prefer a negative form of norm that does not positively oblige us to form beliefs. I finish by considering an alternative possible subjunctive form of norm that would also avoid problems with blindspots but suggest this has a non-intuitive consequence. (shrink)

Norms conferring public or private powers, i.e., the competence to issue other norms, play a very important rôle in law. But there is no agreement among legal philosophers about the nature of such norms. There are two main groups of theories, those that regard them as a kind of norms of conduct (either commands or permissions) and those that regard them as non-reducible to other types of norms. I try to show that reductionist theories (...) are not quite acceptable; neither the command-variety (Kelsen, Alf Ross inOn Law and Justice), nor the permission-variety (von Wright, Kanger, Lindahl) provide a satisfactory account of competence norms.Among the authors who maintain that competence norms are different from (and hence not reducible to) norms of conduct are Hart, Ross inDirectives and Norms, and Searle. Ross and Searle distinguish between regulative and constitutive rules as two radically different kinds of rules and classify competence norms among constitutive rules. This distinction runs parallel to von Wright's distinction between rules that are prescriptions and determinative rules. While the first regulate actions (by commanding, prohibiting, or permitting them), determinative rules define certain concepts. To view competence norms as (partial) definitions of certain legal concepts (like those of legislator, judge, etc.) seems to open interesting perspectives and to shed light on at least one aspect of these elusive norms. (shrink)

Psychiatric treatment and diagnosis rests upon a richer conception of normativity than, for example, cognitive neuropsychology. This paper explores the role that considerations of rationality can play in defining this richer conception of normativity. It distinguishes two types of rationality and considers how each type can break down in different ways in delusional psychiatric disorders.

In everyday life we often act adequately, yet without deliberation. For instance, we immediately obtain and maintain an appropriate distance from others in an elevator. The notion of normativity implied here is a very basic one, namely distinguishing adequate from inadequate, correct from incorrect, or better from worse in the context of a particular situation. In the first part of this paper I investigate such ‘situated normativity’ by focusing on unreflective expert action. More particularly, I use Wittgenstein’s examples of craftsmen (...) (tailors and architects) absorbed in action to introduce situated normativity. Situated normativity can be understood as the normative aspect of embodied cognition in unreflective skillful action. I develop Wittgenstein’s insight that a peculiar type of affective behaviour, ‘directed discontent’, is essential for getting things right without reflection. Directed discontent is a reaction of appreciation in action and is introduced as a paradigmatic expression of situated normativity. In the second part I discuss Wittgenstein’s ideas on the normativity of what he calls ‘blind’ rule-following and the ‘bedrock’ of immediate action. What matters for understanding the normativity of (even ‘blind’) rule-following, is not that one has the capacity for linguistic articulation or reflection but that one is reliably participating in a communal custom. In the third part I further investigate the complex relationships between unreflective skillful action, perception, emotion, and normativity. Part of this entails an account of the link between normativity at the level of the expert’s socio-cultural practice and the individual’s situated and lived normativity. (shrink)

We develop and defend a distinction between two types of self-censorship: public and private. First, we suggest that public self-censorship refers to a range of individual reactions to a public censorship regime. Second, private self-censorship is the suppression by an agent of his or her own attitudes where a public censor is either absent or irrelevant. The distinction is derived from a descriptive approach to self-censorship that asks: who is the censor, who is the censee, and how do they (...) interact? We label situations in which censor and censee are different agents as public self-censorship, and situations in which they are the same agents as private self-censorship. We demonstrate the salience of this distinction by analysing the case of publication of Mohammed cartoons by the Danish newspaper Jyllands-Posten. Our analysis reveals the presence and interaction of a number of different instances of private and public self-censorship. While our article is primarily concerned with establishing this novel descriptive distinction between public and private self-censorship, our analysis has important evaluative implications. We explain for instance how Jyllands-Posten was laudable as a public self-censor but not so as a private self-censor. In general, our analysis reveals that the agents and processes involved in public and private self-censorship are substantively different, as are the agents to whom normative principles regarding censorship should be applied. In particular, principles of free speech do not apply to the case of private self-censorship, because while an instance of censorship, the absence of an external censor makes the censorship non-coercive. (shrink)

Epistemic instrumentalism views epistemic norms and epistemic normativity as essentially involving the instrumental relation between means and ends. It construes notions like epistemic normativity, norms, and rationality, as forms of instrumental or means-end normativity, norms, and rationality. I do two main things in this paper. In part 1, I argue that there is an under-appreciated distinction between two independent types of epistemic instrumentalism. These are instrumentalism about epistemic norms and instrumentalism about epistemic normativity. In part (...) 2, I argue that this under-appreciated distinction matters for the debate surrounding the plausibility of EI. Specifically, whether we interpret EI as norm-EI or as source-EI matters for the widely discussed universality or categoricity objection to EI, and for two important motivations for adopting EI, namely naturalism and the practical utility of epistemic norms. I will then conclude by drawing some lessons for epistemic instrumentalism going forward. (shrink)

Techniques for achieving moral enhancement will modify brain processes to produce what is alleged to be more moral conduct. Neurophilosophy and neuroethics must ponder what “moral enhancement” could possibly be, if possible at all. Objections to the very possibility of moral enhancement, raised from various philosophical and neuroscientific standpoints, fail to justify skepticism, but they do place serious constraints on the kinds of efficacious moral enhancers. While there won't be a “morality pill,” and hopes for global moral enlightenment will remain (...) hopes, there will be a large variety of behavioral modifiers described as enhancers of some aspect of morality or another according to prevailing social norms. The most likely moral enhancers that will be designed, tested, and marketed in the near future will attempt to alleviate seriously immoral and illegal behavior. Some enhancers diminishing antisocial conduct and a few designed to elevate moral conduct above normal levels will also become available, although their widespread use is doubtful. There will also be specialized modifications for enhancing whatever an individual personally regards as moral, and for enabling better performance by a person in an operational role. A measure of skepticism toward all the proposed kinds of moral enhancement is advised, and where political implementation of moral enhancers is concerned, a healthy amount of cynicism as well. (shrink)

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

What exactly do we need to do in order to make a promise, or to exercise some other normative power? On a view relied on by many philosophers writing on promising, consent, and related phenomena, the answer is that we must communicate a suitable kind of intention. On this view, power-conferring principles assert that specific normative consequences, determined in part by the content of the communicated intention, attach to such communicative acts, and these principles need not be socially practised or (...) accepted to be true. The paper offers a defense of this convention-independent view against the forceful challenge developed by Jed Lewinsohn in ‘The “Natural Unintelligibility” of Normative Powers’. Lewinsohn appeals to action-theoretic considerations to show that the relevant type of communicative act could not be performed under conditions of rationality and full information, and that therefore promissory power and other normative powers require the existence of social rules conferring such powers. The defense of the view targeted by Lewinsohn turns partly on the exact content of plausible constraints on the intelligibility of actions done with a particular aim, and partly on the question just how the social acceptance of power-conferring rules should be thought to matter. (shrink)

We show that the contemporary debate surrounding the question “What is the norm of assertion?” presupposes what we call the quantitative view, i.e. the view that this question is best answered by determining how much epistemic support is required to warrant assertion. We consider what Jennifer Lackey ( 2010 ) has called cases of isolated second-hand knowledge and show—beyond what Lackey has suggested herself—that these cases are best understood as ones where a certain type of understanding , rather than knowledge, (...) constitutes the required epistemic credential to warrant assertion. If we are right that understanding (and not just knowledge) is the epistemic norm for a restricted class of assertions, then this straightforwardly undercuts not only the widely supposed quantitative view, but also a more general presupposition concerning the universalisability of some norm governing assertion—the presumption (almost entirely unchallenged since Williamson’s 1996 paper) that any epistemic norm that governs some assertions should govern assertions—as a class of speech act—uniformly. (shrink)

Surprisingly, many ethical realists and anti-realists, naturalists and not, all accept some version of the following normative appeal to the natural (NAN): evaluative and normative facts hold solely in virtue of natural facts, where their naturalness is part of what fits them for the job. This paper argues not that NAN is false but that NAN has no adequate non-parochial justification (a justification that relies only on premises which can be accepted by more or less everyone who accepts NAN) to (...) back up this consensus. I show that we cannot establish versions of NAN which are interesting in their own right (and not merely as instances of a general naturalistic ontology) by appealing to the nature of natural properties or the kind of in-virtue-of relation to which NAN refers, plus other plausible nonparochial assumptions. On the way, I distinguish different types of 'in virtue of claims. I conclude by arguing that the way in which assessment of meta-ethical hypotheses is theory-dependent predicts the failure of non-parochial justifications of NAN. (shrink)

In one of the earlier influential papers in the field of experimental philosophy titled Normativity and Epistemic Intuitions published in 2001, Jonathan M. Weinberg, Shaun Nichols and Stephen Stich reported that respondents answered Gettier type questions differently depending on their ethnic background as well as socioeconomic status. There is currently a debate going on, on the significance of the results of Weinberg et al. (2001) and its implications for philosophical methodology in general and epistemology in specific. Despite the debates, however, (...) to our knowledge, there has not been a replication attempt of the experiments of the original paper. We collected data from four different sources (two on-line and two in-person) to replicate the experiments. Despite several different data sets and in various cases larger sample sizes and hence greater power to detect differences, we failed to detect significant differences between the above-mentioned ethnic and socioeconomic groups. Our results suggest that epistemic intuitions are more robust across ethnic and socioeconomic groups than Weinberg et al. (2001) indicates. Given our data, we believe that the notion of differences in epistemic intuitions among different ethnic and socioeconomic groups that follows from Weinberg et al. (2001) needs to be corrected. (shrink)

In "Assertion," Geach identified failure to attend to the distinction between meaning and speech act as a source of philosophical errors. I argue that failure to attend to this distinction, along with the parallel distinction between attitude and content, has been behind the idea that meaning and content are, in some sense, normative. By an argument parallel to Geach's argument against performative analyses of "good" we can show that the phenomena identified by theorists of the normativity of content are properties (...) in the first instance of speech act and propositional attitude types, rather than content as such. (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)

It is a prevalent, if not popular, thesis in the metaphysics of belief that facts about an agent’s beliefs depend entirely upon facts about that agent’s underlying credal state. Call this thesis ‘credal reductivism’ and any view that endorses this thesis a ‘credal reductivist view’. An adequate credal reductivist view will accurately predict both when belief occurs and which beliefs are held appropriately, on the basis of credal facts alone. Several well-known—and some lesser known—objections to credal reductivism turn on the (...) inability of standard credal reductivist views to get the latter, normative, results right. This paper presents and defends a novel credal reductivist view according to which belief is a type of “imprecise credence” that escapes these objections by including an extreme credence of 1. (shrink)

A regulative norm for permissible defense distinguishes the conditions under which we will hold defenders to be innocent of any wrongdoing from those in which we hold them responsible for assault or manslaughter. The norm must strike a fair balance between defenders' security, on the one hand, and other agents’ legitimate claim to live without fear of suffering mistaken defensive harm, on the other. Since agents must make defensive decisions under high pressure and on only partial information, they will sometimes (...) make mistakes. We have reason to want a norm that considers a mistake permissible when it was highly likely on the evidence that defense was proportionate and necessary to avert a threat. However, adopting an evidentialist norm under non-ideal conditions is treacherous business. I briefly survey empirical data suggesting that the type and extent of bias prevalent in the US renders a straightforward evidentialist norm unjust, and thus since the legal practice in the US relies on such a norm, we must explore avenues for reform. Preferably this will take the form of adopting a modified evidential norm, and I explore some promising options. If this proves impossible, however, then we have to accept a strict regulative norm (which does not consider any mistakes permissible), as the sole just alternative. (shrink)

In this paper I distinguish between two main critical questions: ‘how possible’ questions, which look for enabling conditions and raise issues of epistemic normativity; and ‘whether permissible’ questions, which relate to conditions of legitimacy and ethical normativity. I examine the interplay of both types of questions in Foucault’s work and argue that this helps us to understand both the function of the historical a priori in the archeological period and the subsequent accusations of crypto-normativity levelled against Foucault by commentators (...) such as Taylor and Habermas. I chart the complex conceptual space available for a defense. After examining several possible replies, I conclude that the most effective option, and the one that fits Foucault’s approach best, is to refuse the demand for normative justification as self-defeating, and to opt for the cultivation of an appropriate ethical sensibility through an emphasis on critique as a performative practice of the self. I offer in conclusion some thoughts on what such practice may look like for Foucault. (shrink)

This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and (...) conversation. Though the semantics is descriptivist, it avoids Dworkin’s influential criticism of so-called “semantic theories of law,” and elucidates the nature of “theoretical disagreements” about the criteria of legal validity. The account sheds light on the social, interpersonal function of normative uses of language in legal discourse. It also gives precise expression to Hart’s and Raz’s intuitive distinctions among types of legal claims (internal/external, committed/detached), while giving them a uniform type of analysis. The proposed semantics and pragmatics of legal claims provides a fruitful framework for further theorizing about the nature and metaphysics of law, the relation between law and morality, and the apparent practical character of legal language and judgment. Discourse Contextualism provides a solid linguistic basis for a broader account of legal discourse and practice. (shrink)

This research proposes and tests a new theoretical mechanism to account for a portion of the motherhood penalty in wages and related labor market outcomes. At least a portion of this penalty is attributable to discrimination based on the assumption that mothers are less competent and committed than other types of workers. But what happens when mothers definitively prove their competence and commitment? In this study, we examine whether mothers face discrimination in labor-market-type evaluations even when they provide indisputable (...) evidence that they are competent and committed to paid work. We test the hypothesis that evaluators discriminate against highly successful mothers by viewing them as less warm, less likable, and more interpersonally hostile than otherwise similar workers who are not mothers. The results support this “normative discrimination” hypothesis for female but not male evaluators. The findings have important implications for understanding the nature and persistence of discrimination toward mothers. (shrink)

Jonathan Ichikawa (2012) argues that the standard counterexamples to the knowledge norm of practical reasoning are no such thing. More precisely, he argues that those alleged counterexamples rest on claims about which actions are appropriate rather than on claims about which propositions can be appropriately treated as reasons for action. Since the knowledge norm of practical reasoning concerns the latter and not the former, Ichikawa contends that proponents of the alleged counterexamples must offer a theory that bridges the gap between (...) the two types of claims. I argue, first, that the standard counterexamples do not rest on claims about which actions are appropriate, second, that even if they did, we would not need a theory to bridge the gap between the two types of claims, and, third, that even if we did need such a theory, a plausible theory is on offer. (shrink)

I define a social norm as a regularity in behavior whose persistence is causally explained by the existence of sanctioning attitudes of participants toward violations—without these sanctions, individuals have motive to violate the norm. I show how a universal precept "When in circumstances S, do action F" can be sustained by the conditional preference of each to conform, given that others do, of a convention, and also reinforced by the sanctions of a norm. I observe that a precept with moral (...) force can be reinforced by a social norm. I then consider constitutive norms and show by means of an example, competitive figure skating, how a type of activity or practice G can have a constitutive norm NG. An ongoing activity in a community is engagement in that practice only if NG is reinforced as a social norm by participants. I apply this to the case of assertion: the speech act type Assertion has a constitutive norm NA, and a practice of making speech acts in a community is one of making assertions only if it is controlled by NA enforced by the sanctions of a social norm. (shrink)

Unusability pessimism has recently emerged as an appealing new option for pessimists about aesthetic testimony—those who deny the legitimacy of forming aesthetic beliefs on the basis of testimony. Unusability pessimists argue that we should reject the traditional pessimistic stance that knowledge of aesthetic matters is unavailable via testimony in favour of the view that while such knowledge is available to us, it is unusable. This unusability stems from the fact that accepting such testimony would violate an important non-epistemic norm of (...) belief formation. In this article I present an objection to unusability pessimism and argue that Robert Hopkins, the view's most prominent defender, fails to motivate adequately the claim that there are such non-epistemic belief norms. The cases which putatively legitimize usability norms can be explained by appeal to more familiar norm types: epistemic norms of belief formation, and non-epistemic norms which govern action other than belief formation. The intent of this article is not primarily negative, however, and I will also argue that understanding why the unusability position fails helps us to identify a promising new direction for the pessimist's opponents who wish to defend the legitimacy of forming aesthetic beliefs on the basis of testimony. (shrink)

This paper presents a new argument to defend the normativity of meaning, specifically the thesis that there are no meanings without norms. The argument starts from the observation inferentialists have emphasized that incompatibility relations between sentences are a necessary part of meaning as it is understood. We motivate this approach by showing that the standard normativist strategy in the literature, which is developed in terms of veridical reference that may swing free from the speaker’s understanding, violates the ought-implies-can principle, (...) but ours does not. In addition, our approach is superior because, unlike the representationalist approach, it can be extended from declarative sentences to non-representational uses of language. In this paper, however, we only formulate the argument for the base case that involves incompatibility relations between declarative sentences. The goal is not to derive norms from something that is not normative, but to explicate the distinctive type of normativity that is built into meaning as it is understood by language-users. The explication proceeds in two steps. (1) For any sentence s a speaker understands, there is an incompatible sentence s’ the speaker understands to be incompatible with s. (2) In virtue of understanding this incompatibility of meanings, she ought not to be committed to both s and s’. This prohibition is not derived from instrumental practical reason, nor is it based on representational correctness, but its source is the incompatibility of meanings. (shrink)

This paper first outlines a new taxonomy of different views concerning the relationship between normative judgments and motivation. In this taxonomy, according to the Type A views, a positive normative judgment concerning an action consists at least in part of motivation to do that action. According to the Type B views, motivation is never a constituent of a positive normative judgment even if such judgments have, due to the kind of states they are, a causal power to produce motivation in (...) an agent. Finally, according to the Type C views, a normative judgment can produce motivation only with the help of a third mental state or a distinct substantial local disposition. This paper then outlines a novel evolutionary argument for the Type B views. If we assume that normative judgments' ability to shape our motivations enabled efficient planning and cooperation , the psychological mechanism responsible for this adaptation should be understood as a proximal mechanism. This paper argues that it is then more likely that we evolved to make normative judgments that have direct causal powers to influence our motivations because such Type B mechanisms are more reliable than the Type C mechanisms. It also suggests that the Type A views are either empirically false or collapse into the Type B views. (shrink)

The distinction between norms and norm-formulations commits legal theorists to treating legal norms as entities. In this article, I first explore the path from meaning to entities built by some analytical philosophers of language. Later, I present a set of problems produced by treating norms as entities. Whatever type of entities we deal with calls for a clear differentiation between the identification and individuation criteria of such entities. In the putative case of abstract entities, the differentiation collapses. (...) By changing the notions of the intension and extension of words by extensional and intensional aspects of what we talk about, I outline a methodological programme for Law and Legal Theory. That programme is based in the identification of normativity. (shrink)

In this article we investigate whether non-culpably benefiting from wrongdoing or injustice generates a moral requirement to disgorge these benefits in order to compensate the victims. We argue that a strong requirement to disgorge such benefits is generated only if other conditions or factors are present. We identify three such factors and claim that their presence would explain why the normative features of certain types of cases of benefiting from wrongdoing differ from cases of benefiting from simple misfortune or (...) bad luck. (shrink)