In Morality and Socially Constructed Norms, Laura Valentini poses and answers this overall question: When and why, if at all, are socially constructed norms morally binding? Valentini develops an original account, the agency-respect view, that offers an answer to this general question by offering a moral criterion in terms of agency respect. I agree with the criterion proposed by the agency-respect view, given the account of socially constructed norms that it assumes. However, its account of socially constructed (...) norms seems too narrow to answer the general question. More specifically, I argue that the account of social norms is too narrow, even according to Valentini’s own standard, since it does not account for teleological social norms, which are about standards of excellence rather than standards of behavior. Taking teleological social norms into account calls the moral criterion proposed by the agency-respect view into question: it is plausible concerning the type of social norm assumed by the agency-respect view, but not for teleological social norms. Hence, the general question has not been fully answered. (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)

Edna Ullmann-Margalit provides an original account of the emergence of norms. Her main thesis is that certain types of norms are possible solutions to problems posed by certain types of social interaction situations. She presents illuminating discussions of Prisoners' Dilemma, co-ordination, and inequality situations.

Celano’s notion of a “pre-convention” is grounded in the opposition between two types of normative behaviour: following a rule and conforming to a norm. The opposition plays a central role in Celano’s paper, and marks a crucial point in his intellectual trajectory. Nevertheless, it remains largely implicit. In this paper I try to make it fully explicit, giving a more precise, albeit sketchy, characterization of both kinds of normative behaviour. I also focus on the importance of distinguishing between them, (...) express some conjectures regarding Celano’s future research, and propose a critique. (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)

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)

Using tools like argument diagrams and profiles of dialogue, this paper studies a number of examples of everyday conversational argumentation where determination of relevance and irrelevance can be assisted by means of adopting a new dialectical approach. According to the new dialectical theory, dialogue types are normative frameworks with specific goals and rules that can be applied to conversational argumentation. In this paper is shown how such dialectical models of reasonable argumentation can be applied to a determination of whether (...) an argument in a specific case is relevant are not in these examples. The approach is based on a linguistic account of dialogue and text from congruity theory, and on the notion of a dialectical shift. Such a shift occurs where an argument starts out as fitting into one type of dialogue, but then it only continues to makes sense as a coherent argument if it is taken to be a part of a different type of dialogue. (shrink)

In constructing semantic theories of normative and evaluative terms, philosophers have commonly deployed a certain type of disagreement -based argument. The premise of the argument observes the possibility of genuine disagreement between users of a certain normative or evaluative term, while the conclusion of the argument is that, however differently those speakers employ the term, they must mean the same thing by it. After all, if they did not, then they would not really disagree. We argue that in many of (...) the cases in which this argument is deployed, the conclusion not only fails to follow from the premises, but is very likely false. Disagreements between speakers who do not mean the same things by their words are common, genuine, and not easily distinguished from ordinary disagreements over the truth of literally expressed content. We make this case by developing the notion of a metalinguistic negotiation, an exchange in which speakers tacitly negotiate the proper deployment of some linguistic expression in a context. Metalinguistic negotiations express disagreements over information that is conveyed pragmatically and about what concepts should be deployed in the context at hand. We argue that neither of these features poses any obstacle to metalinguistic negotiations serving to express genuine, substantive disagreements that can be well worth engaging in. Contrary to what has been widely assumed in the literature, many normative and evaluative disputes—among ordinary speakers and even among philosophers themselves—may be of exactly this type, a conclusion with important consequences for both the subject matter and the methodology of metanormative theory. (shrink)

In this paper, the set-theoretic approach in the logical theory of normative systems is extended using Broome’s definition of the normative code function. The syntax and semantics for first order metanormative language is defined, and metanormative language is applied in the formalization of the basic principles in Broome’s approach and in the construction of a logical typology of normative systems. Special attention is given to the types of normative systems which are not definable in terms of the properties of (...) singular sets of requirements (e.g. the realization equivalence of codes, the social compatibility of codes, and the compatibility of codes issued by different normative sources). Examples are given of the application of the typology in the interpretation of philosophical texts. Von Wright’s hypothesis on the connection of logical properties of normative systems, conceived set-theoretically, with standard deontic logic is proved by introducing the translation function between the metanormative language and the restricted language of standard deontic logic. The translation reveals that von Wright’s hypothesis must be appended. The problems of narrow and wide scope readings of the deontic conditionals and of the meaning of iterated deontic operators are addressed using the distinction between relative and absolute normative codes. The theorem on the existence of a realization equivalent absolute code for any relative code is proved. (shrink)

This article introduces compliance disclosure regimes to business ethics research. Compliance disclosure is a relatively recent regulatory technique whereby companies are obliged to disclose the extent to which they comply with codes, ‘best practice standards’ or other extra-legal texts containing norms or prospective norms. Such ‘compliance disclosure’ obligations are often presented as flexible regulatory alternatives to substantive, command-and-control regulation. However, based on a report on experiences of existing compliance disclosure obligations, this article will identify major weaknesses that prevent (...) them from becoming effective mechanisms to discipline a certain type of behaviour. It will be argued that regulatory recourse to compliance disclosure obligations is nonetheless worthwhile if we view them as mechanisms that can initiate a dialogue about norm interpretation, application and norm desirability. From this perspective, compliance disclosure obligations serve less to discipline companies by making corporate practices transparent, and more to trigger a process of norm development, in which the law, companies and their stakeholders interact. This article provides an illustration of how mandatory disclosure, if it is restricted to a unilateral communication process, may produce no effective results (or even prove counterproductive), whilst highlighting the alternative potential of disclosure as an initiator of dialogue, supported by laws, geared towards the development and refinement of norms applicable to business in a global context and the values they promote. (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)

By way of introduction I want first to distinguish between several types of pluralism; then I want to consider more closely the pluralism of norms and values in order to formulate, finally, the problem that is central to this essay, the problem of particular versus universal norms.

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)

Empirical work on the use of causal language by ordinary people indicates that their causal attributions tend to be sensitive not only to purely descriptive considerations, but also to broadly moral considerations. For example, ordinary causal attributions appear to be highly sensitive to whether a behavior is permissible or impermissible. Recently, however, a consensus view has emerged that situates the role of permissibility information within a broader framework: According to the consensus, ordinary causal attributions are sensitive to whether or not (...) a behavior is generally out of the norm, where being out of the norm might indicate deviation from a prescriptive norm (a broadly moral consideration) or deviation from a statistical norm (a purely descriptive consideration). In contrast, we conjecture that ordinary causal attributions are more directly connected to broadly moral judgments about normative responsibility (the responsibility view). We present the results of a series of new experimental studies that are consistent with the responsibility view, while indicating that the consensus position is seriously mistaken. (shrink)

For much of the first fifty years of its existence, analytic philosophy shunned discussions of normativity and ethics. Ethical statements were considered as pseudo-propositions, or as expressions of pro- or con-attitudes of minor theoretical significance. Nowadays, in contrast, prominent analytic philosophers pay close attention to normative problems. Here we focus our attention on the work of Searle, at the same time drawing out an important connection between Searle’s work and that of two other seminal figures in this development: H.L.A. Hart (...) and John Rawls. We show that all three thinkers tend to assume that there is but one type of normativity within the realm of social institutions – roughly, the sort of normativity that is involved in following the results of chess – and that they thereby neglect features that are of crucial significance for an adequate understanding of social reality. (shrink)

This paper, based on research in a forthcoming monograph, Commitment in Dialogue, undertaken jointly with Erik Krabbe, explains several informal fallacies as shifts from one type of dialogue to another. The normative framework is that of a dialogue where two parties reason together, incurring and retracting commitments to various propositions as the dialogue continues. The fallacies studied include the ad hominem, the slippery slope, and many questions.

The focus of the article is scientific rationality. Drawing from the historical development of science, the author identifies three main types of scientific rationality: classical rationality, nonclassical rationality, and post-nonclassical rationality. They are distinguished based on such criteria as 1) features of systematic organization of the objects studied by science; 2) the system of ideals and norms used in research; 3) different types of philosophical-methodological reflection on cognitive activity. The essay discusses each of the three identified (...) class='Hi'>types providing a thorough analysis of their main features and characteristics. (shrink)

This paper offers an original argument for a Humean thesis about promising that generalises to the domain of normative powers. The Humean ‘natural unintelligibility’ thesis – prominently endorsed by Rawls, Hart, and Anscombe, and roundly rejected or forgotten by contemporary writers (conventionalists and non – conventionalists alike) – holds that a rational, suitably informed agent cannot so much as make a promise (much less a morally-binding promise) without exploiting conventional norms that confer promissory significance on act types (e.g., (...) signing on the dotted line) that would not otherwise have such significance. The argument (like Hume’s) is action-theoretic in character; its central premise is the Contribution Condition on acting with an aim: roughly, that doing X in order to (bring about) Y requires that the agent believe that their having X-ed on the occasion might come to fully or partly account for Y’s coming to pass. The argument generalises to the broader domain of exercises of normative powers, i.e., to acts that modify normative properties by ‘fiat’ or ‘stipulation’. This stipulative act has been characterised in three different ways, each of which is given due consideration. Finally, two different ways of accommodating the ‘natural unintelligibility’ thesis are considered, as is the thesis’s normative significance. (shrink)

I argue that before this question cah be answered one must answer the questions: What Is a norm? Are there different types of norms? Why do we adopt norms? How do we attempt to justify adopting particular norms? What would It be to justify a norm scientifically? To what extent can science aid us in justifying adoption of a norm? I then attempt to answer these questions, concluding that science can provide us with certain necessary tests (...) for justifying norms, but cannot provide us with sufficient tests. (shrink)

Edna Ullmann-Margalit provides an original account of the emergence of norms. Her main thesis is that certain types of norms are possible solutions to problems posed by certain types of social interaction situations. She presents illuminating discussions of Prisoners' Dilemma, co-ordination, and inequality situations.

This paper develops a language for distinguishing more rigorously between various senses of the term ‘anthropocentrism.’ Specifically, it differentiates between:1. Perceptual anthropocentrism ;2. Descriptive anthropocentrism 3. Normative anthropocentrism.

A large body of literature looks at how firms develop and maintain their reputation. Little is known, however, about factors leading to a damaged corporate reputation. In this article, the authors compare two sets of predictors of reputational damage following a reported breach of norms: the characteristics of the breach and the characteristics of the actor reporting the breach. Theoretically, the authors argue that the latter is likely to prevail over the former. The authors test this proposition in the (...) highly normative context of corporate social responsibility (CSR). Building on a global data set of over 8,600 CSR-related norm breaches, directed against 451 firms on the Fortune ranking reputation over the 2006-2009 period, the authors find empirical support for the idea that reputation damage is not really driven by the severity and novelty of the allegation, but by the type of source reporting the issue as well as the credibility of this source. Hence, these results lend some support to a socially constructed view of reputational damage, in which being portrayed by prominent actors as deviating from the norm is more important than the actual deviation from the goal of the norm itself. (shrink)

This paper develops a language for distinguishing more rigorously between various senses of the term ‘anthropocentrism.’ Specifically, it differentiates between:1. Perceptual anthropocentrism (which characterizes paradigms informed by sense-data from human sensory organs);2. Descriptive anthropocentrism (which characterizes paradigms that begin from, center upon, or are ordered around Homo sapiens / ‘the human’)3. Normative anthropocentrism (which characterizes paradigms that constrain inquiry in a way that somehow privileges Homo sapiens / ‘the human’ [passive normative anthropocentrism]; and which characterizes paradigms that make assumptions or (...) assertions about the superiority of Homo sapiens, its capacities, the primacy of its values, its position in the universe, and/or make prescriptions based on these assertions and assumptions [active normative anthropocentrism]). (shrink)

According to much recent work in metaethics, we have a perceptual access to normative properties and relations. On a common approach, this access has a presentational character. Here, ‘presentational’ specifies a characteristic feature of the way aspects of the environment are apprehended in sensory experience. While many authors have argued that we enjoy presentations of value properties, thus far comparatively less effort has been invested into developing a presentational view of the apprehension of normative reasons. Since it appears that this (...) view would offer much the same theoretical benefits as presentational views of the apprehension of value, it seems worthwhile redressing this imbalance. My paper aims at doing so, focusing on concern-dependent practical reasons. After clarifying the central commitment of this view, I assess a recent proposal by Dancy :787-812, 2014) which provides a detailed characterization of the relevant type of cognition. I argue that Dancy ignores one of the central features of a presentational access to normative reasons and therefore misidentifies which actual psychological phenomena are apt to play this role. In this context, I also assess and reject further candidates that might seem fitting for this purpose. In the remainder of the paper, I then offer a more adequate account which specifies an actual form of presentational access to concern-dependent practical reasons and provide the contours of a more substantive account of its nature. (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)

While legal scholars increasingly recognize that norms as well as law influence social behavior, the nature of these effects is not well understood. A key question concerns the content of norms. Specifically, do they reflect individual interest or do they enhance group welfare? In this paper I describe two general kinds of arguments that support these different views. I then develop predictions about the content of a particular type of norm—controller selection rules. These hypotheses are tested in an (...) experimental setting in which individuals interact with each other over networked computers. The findings are consistent with group welfare explanations. That is, they suggest that norms constrain actions that create negative externalities, and that these norms are stronger in more cohesive groups. They also suggest, however, that such norms may not necessarily produce pro-social behavior. (shrink)

It proposed that certain types of human resource (HR) practices can be both normatively rooted and also instrumental in achieving economic goals. Specifically,managers may perceive organizational justice HR practices and work-family conflict HR practices as a legitimate response to these seemingly conflicting interests. Legitimacy evaluations of HR practices by managers are also likely to impact managerial perceptions of organizational reputation.

Social norms are commonly understood as rules that dictate which behaviors are appropriate, permissible, or obligatory in different situations for members of a given community. Many researchers have sought to explain the ubiquity of social norms in human life in terms of the psychological mechanisms underlying their acquisition, conformity, and enforcement. Existing theories of the psychology of social norms appeal to a variety of constructs, from prediction-error minimization, to reinforcement learning, to shared intentionality, to domain-specific adaptations for (...) norm acquisition. In this paper, we propose a novel methodological and conceptual framework for the cognitive science of social norms that we call normative pluralism. We begin with an analysis of the explanatory aims of the cognitive science of social norms. From this analysis, we derive a recommendation for a reformed conception of its explanandum: a minimally psychological construct that we call normative regularities. Our central empirical proposal is that the psychological underpinnings of social norms are most likely realized by a heterogeneous set of cognitive, motivational, and ecological mechanisms that vary between norms and between individuals, rather than by a single type of process or distinctive norm system. This pluralistic approach, we suggest, offers a methodologically sound point of departure for a fruitful and rigorous science of social norms. (shrink)

A long-standing puzzle for moral philosophers and psychologists alike is the concept of psychopathy, a personality disorder marked by tendencies to defy moral norms despite cognitive knowledge about right and wrong. Previously, discussions of the moral deficits of psychopathy have focused on willingness to harm and cheat others as well as reasoning about rule-based transgressions. Yet recent research in moral psychology has begun to more clearly define the domains of morality, en- compassing issues of harm, fairness, loyalty, authority, and (...) spiritual purity. Clinical descriptions and theories of psychopathy suggest that deficits may exist primarily in the areas of harm and fairness, although quantitative evidence is scarce. Within a broad sample of participants, we found that scores on a measure of psychopathy predicted sharply lower scores on the harm and fairness subscales of a measure of moral concern, but showed no relationship with authority, and very small relationships with ingroup and purity. On a measure of willingness to violate moral standards for money, psychopathy scores predicted greater willingness to violate moral concerns of any type. Results are further explored via potential mediators and analyses of the two factors of psychopathy. (shrink)

Exploration of INTERSUBJECTIVITY is continued. Different kinds of if are differentiated and signs for its presence and effects are shown. The difference between it, subjectivity and objectivity are explored. Intersubjectivity is crucial and universal for general everyday discourse in all cultures, sub-cultures, institutions, communities and socio-cultural practices such as religion, sport, etc or the so-called Manifest Image. It is essential for specialized areas, for example religion, sport and disciplines such as the humanities, arts, sciences, philosophy and all institutions. It is (...) a necessity for both cultural, social, interpersonal as well as intra-personal existence, emotions, attitudes, values and norms. But, it is not limited to human existence, life-worlds, realities and worlds, but also required for animals and all organisms. Object Oriented Ontology would emphasize that is it not merely something anthropocentric and restricted to human existence and consciousness (and anthropocentric interpretations of and projections on other objects, non-human creatures and all organisms, as well as all objects.. In the case of the latter one would probably replace the notion of intersubjectivity with terms such as energy and other ways of action and interaction for example intra- and inter-atoms.) In the Appendix is included work related to the above by others such as Sellars, Brandom (and his two images, Manifest and Scientific), Davidson, Dennett, Habermas, Nagel, etc. (shrink)

We propose and defend a distinction between two types of self-censorship: public and private. In public self-censorship, individuals restrain their expressive attitudes in response to public censors. In private self-censorship, individuals do so in the absence of public censorship. We argue for this distinction by introducing a general model which allows us to identify, describe, and compare a wide range of censorship regimes. The model explicates the interaction between censors and censees and yields the distinction between two types (...) of self-censorship. In public self-censorship, the censee aligns her expression of attitudes according to the public censor. In private self-censorship, the roles of censor and censee are fullled by the same agent. The distinction has repercussions for normative analysis: principles of free speech can only be invoked in cases of public self-censorship. (shrink)

How does other people’s opinion affect judgments of norm transgressions? In our study, we used a modification of the famous Asch paradigm to examine conformity in the moral domain. The question we addressed was how peer group opinion alters normative judgments of scenarios involving violations of moral, social, and decency norms. The results indicate that even moral norms are subject to conformity, especially in situations with a high degree of social presence. Interestingly, the degree of conformity can distinguish (...) between different types of norms. (shrink)

To date the wealth of literature on abortion has been dedicated to resolving the question of its legal and moral permissibility in relation to the fetus and pregnant woman as subjects of moral standing. This has created a dichotomised way of talking about abortion chiefly in terms of conflicting rights; as a „wrongful‟ versus „legitimate‟ form of killing. The tension between this individualistic rights-based discourse and the „ethic of care‟ to which women are often expected to conform in their moral (...) deliberations gives rise to a stigmatising picture of a woman who aborts as „callous‟ or „selfish.‟ Males who share in abortion decisions are rarely subject to the same type of criticism. In this paper I aim to conceptualise the impact of normative femininity and social judgement on women‟s capacity for moral self-determination in abortion contexts within the framework of an injustice. I will do so by examining women‟s discursive participation with respect to abortion, and by analysing the impact that abortion stigma has on women‟s moral agency and lived experience. This will enable me to demonstrate how women may be uniquely subject to a hermeneutical injustice, which in abortion contexts gives way to a phenomenological injustice. (shrink)

Normativity and Variety of Speech Actions embraces papers focused on the performative dimension of language. While all texts in the volume recognize speech primarily as a type of action, the collection is indicative of the multifaceted nature of J.L. Austin’s original reflection, which invited many varied research programmes. The problems addressed in the volume are discussed with reference to data culled from natural conversation, mediated political discourse, law, and literary language, and include normativity, e.g. types of norms operative (...) in speech acts, speaker’s intentions and commitments, speaker-addressee coordination, but also speech actions in discursive practice, in literal and non-literal language, performance of irony, presupposition, and meaningful significant silence. -/- Contributors are: Brian Ball, Cristina Corredor, Anita Fetzer, Milada Hirschová, Dennis Kurzon, Marcin Matczak, Marina Sbisà, Iwona Witczak-Plisiecka, Maciej Witek, and Mateusz Włodarczyk. (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)

Logic has traditionally been construed as a normative discipline; it sets forth standards of correct reasoning. Explosion is a valid principle of classical logic. It states that an inconsistent set of propositions entails any proposition whatsoever. However, ordinary agents presumably do — occasionally, at least — have inconsistent belief sets. Yet it is false that such agents may, let alone ought to, believe any proposition they please. Therefore, our logic should not recognize explosion as a logical law. Call this the (...) ‘normative argument against explosion’. Arguments of this type play — implicitly or explicitly — a central role in motivating paraconsistent logics. Branden Fitelson, in a throwaway remark, has conjectured that there is no plausible ‘bridge principle’ articulating the normative link between logic and reasoning capable of supporting such arguments. This paper offers a critical evaluation of Fitelson’s conjecture, and hence of normative arguments for paraconsistency and the conceptions of logic’s normative status on which they repose. It is argued that Fitelson’s conjecture turns out to be correct: normative arguments for paraconsistency probably fail. (shrink)

Practical cognitivism is the view that practical reason is our will, not an intellectual capacity whose exercises can influence those of our will. If practical reason is our will, thoughts about how I am to act have an essential tie to action. They are intentions. Thoughts about how others are to act, though, lack such a tie to action. They are beliefs, not intentions. How, then, can these thoughts form a unified class? I reject two answers which deny the differences (...) between such thoughts about myself and those about others, one of which says that all such thoughts are intentions, the other that all are beliefs. I then reject a shared assumption which says that a class of thoughts is unified only if all its elements are all of one type of thought. I instead argue that this class is unified even though some elements are intentions, others beliefs, because such beliefs depend on those intentions in various ways. (shrink)

This book concerns the nature and the norms of inquiry. It tackles not only philosophical issues regarding what inquiry is, but also issues regarding how it should and should not be executed. Roughly put, inquiry is the activity of searching for the true answers to questions of our interest. But what is the difference between empirical and armchair inquiry? And what are the right and the wrong ways to inquire? Under what conditions should one start inquiring? Which questions are (...) such that one should not inquire into them? The book offers answers to these questions. It argues that competent armchair inquiry only makes explicit what was already implicit--the inquirer already had the answer to her question before inquiring into it, though this was not explicit to her. It also argues that we should avoid inquiring into questions whose answers are unknowable to us, in the instrumental sense of 'should', and that different modes of inquiry are called for, depending on which type of information is available to the subject. These answers are rigorously argued for, and they stem from a unified framework for modeling the activity of inquiry. (shrink)

Normative pragmatics can bridge the differences between dialectical and rhetorical theories in a way that saves the central insights of both. Normative pragmatics calls attention to how the manifest strategic design of a message produces interpretive effects and interactional consequences. Argumentative analysis of messages should begin with the manifest persuasive rationale they communicate. But not all persuasive inducements should be treated as arguments. Arguments express with a special pragmatic force propositions where those propositions stand in particular inferential relations to one (...) another. Normative pragmatics provides a framework within which varieties of propositional inference and pragmatic force may be kept straight. Normative pragmatics conceptualizes argumentative effectiveness in a way that integrates notions of rhetorical strategy and rhetorical situation with dialectical norms and procedures for reasonable deliberation. Strategic effectiveness should be seen in terms of maximizing the chances that claims and arguments will be reasonably evaluated, whether or not they are accepted. Procedural rationality should be seen in terms of adjustment to the demands of concrete circumstances. Two types of adjustment are illustrated: rhetorical strategies for framing the conditions for dialectical deliberation and rhetorical strategies for making do with limitations to dialectical deliberation. (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)

Background In the last years, there has been an increase in publication of systematic reviews of normative literature or of normative information in bioethics. The aim of a systematic review is to search, select, analyse and synthesise literature in a transparent and systematic way in order to provide a comprehensive and unbiased overview of the information sought, predominantly as a basis for informed decision-making in health care. Traditionally, one part of the procedure when conducting a systematic review is an appraisal (...) of the quality of the literature that could be included. Main text However, while there are established methods and standards for appraising e.g. clinical studies or other empirical research, quality appraisal of normative literature in the context of a systematic review is still rather a conundrum – not only is it unclear how it could or should be done, but also the question whether it necessarily must be done is not settled yet. Based on a pragmatic definition of “normative literature” as well as on a typology of different types of systematic reviews of normative literature/information, this paper identifies and critically discusses three possible strategies of conducting quality appraisal. Conclusions The paper will argue that none of the three strategies is able to provide a general and satisfying solution to the problems associated with quality appraisal of normative literature/information. Still, the discussion of the three strategies allows outlining minimal conditions that elaborated strategies have to meet in future, and facilitates sketching a theoretically and practically promising strategy. (shrink)

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)

In the aftermath of various corporate scandals, management research and practice have taken great interest in ethical leadership. Ethical leadership is referred to as “normatively appropriate conduct” (Brown et al. in Organ Behav Hum Decis Process 97(2):117–134, 2005), but the prescriptive norms that actually underlie this understanding constitute an open question. We address this research gap by turning to relational models theory (Fiske in Structures of social life: the four elementary forms of human relations, Free Press, New York, 1991), (...) which contextualizes four distinct moralities in four distinct interactional norms (i.e., the relational models). We expect that the norms inherent in each model dictate the type of leader relationship that followers deem ethical. Specifically, we hypothesize that, for each norm, followers will perceive leaders as less ethical the more discrepant, i.e., the more incongruent, followers’ ideal relational norm is with the perceived norm that they attribute to their actual leader–follower interaction. We tested the respective incongruence hypothesis in a cross-sectional survey of 101 Dutch employees. Polynomial regression and surface response analyses provide support for the hypothesized incongruence effects in each of the four relational models, suggesting that normatively appropriate conduct should not be limited to caring (i.e., community-oriented) behaviors. Indeed, all four relational models can predict ethical leadership perceptions. We discuss the implications in the context of ethical leadership research and managerial practice. (shrink)

Applied ontology is the attempt to put to use the rigorous tools of philosophical ontology in the development of category systems which can be of use in the formalization and systematization of knowledge of a given domain. In what follows we shall sketch some elements of the ontology of legal and socio-political institutions, paying attention especially to the normativity involved in such institutions. We shall see that there is more than one type of normativity, but that this fact that has (...) often been ignored in standard attempts by philosophers to build ontologies of legal and other socio-political entities. In order to provide a sound system of categories for legal and socio-political institutions and entities, however, the manifold of normativity needs to be addressed. The classical examples of normative statements have been moral propositions; they do not merely describe states of affairs; they tell us how states of affairs ought to be. The distinction between how things are and how they ought to be is the basis of the distinction between fact and value. Analytic philosophers for a long time shunned discussions of normativity and ethics. They considered ethical statements as pseudo-propositions, or as expressions of pro- or con-attitudes of no theoretical significance.1 Nowadays, in contrast, prominent analytic philosophers discuss normative problems and there are important books written by such philosophers on topics such as law and justice. Here we pay attention to three seminal thinkers in this development: H. L. A. Hart, John Rawls, and John R. Searle in concerning ourselves especially with the way in which they deal with the issue of normativity. Hart is, within the context of recent analytic philosophy, the most important philosopher of law, Rawls the most.. (shrink)

The authors explore whether the need for ethical reflection on the part of designing engineers is dependent on the type of design process. They use Vincenti's distinction between normal and radical design and different levels of design hierarchy. These two dimensions are coupled with the concept of ill-structured problems, which are problems in which possible solutions cannot be ordered on a scale from better to worse. Design problems are better structured at lower hierarchical levels and in cases of normal design. (...) Better structured design problems require less ethical reflection on the part of designing engineers if such situations are characterized by the existence of generally accepted normative frameworks. Engineers could then deal with moral problems within the bounds of such frameworks and without the need for further reflection. On the basis of a number of empirical cases, the authors explore whether these ideas hold water. They discuss four cases ranging from a high-level radical design process to a low-level normal design process. (shrink)

RÉSUMÉJe conteste l'affirmation de Harbin selon laquelle les jugements esthétiques, pour Kant, ne sont pas normatifs. En me concentrant sur la nature systématique de la philosophie critique de Kant, je montre que les jugements esthétiques, comme les jugements dans les domaines théorique et pratique, doivent être normatifs, bien que de tels jugements affichent un type distinct de normativité, qui s'exprime dans leur subjectivité, leur indétermination et leur affectivité.

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)