This article provides a critical examination of Ken Binmore’s theory of the social contract in light of philosophical discussions about moral naturalism and moral conventionalism. Binmore’s account builds on the popular philosophical device of the original position but gives it a naturalistic twist. I argue that this makes it vulnerable to moral skepticism. I explore a possible answer to the moral skeptic’s challenge, building on the fact that Binmore’s account displays a variant of moral (...) conventionalism. I ultimately conclude however that the conventionalist answer leads to a purely behaviorist view of morality, which implies that there is nothing special about morality and fairness norms. I propose alternative interpretations of conventionalism. These accounts escape most of the difficulties because they place emphasis on the reasons that establish a moral convention. (shrink)

A powerful objection against moral conventionalism says that it gives the wrong reasons for individual rights and duties. The reason why I must not break my promise to you, for example, should lie in the damage to you—rather than to the practice of promising or to all other participants in that practice. Common targets of this objection include the theories of Hobbes, Gauthier, Hooker, Binmore, and Rawls. I argue that the conventionalism of these theories is superficial; genuinely (...) conventionalist theories are not vulnerable to the objection; and genuine moral conventionalism is independently plausible. (shrink)

It is shown that moral relativism ('morality is culture-specific') and moral conventionalism ('moral laws are agreements among people as to how to behave') both presuppose the truth of moral realism and are therefore false. It is also shown that every attempt to trivialize moral truth or to prove its non-existence is inconsistent with the fact that moral statements have the same truth-conditions as biological statements.

Conventionalism about promising is the view that the power to make binding promises depends essentially on the existence of a social practice or convention of promising. This paper explores an objection to conventionalism that says that—(allegedly) contra conventionalism—there is no morally acceptable world in which we lack the power of promise. Instead, normative powers theorists claim that our power of promise is morally basic or necessary. I argue that the conventionalist need not deny this claim. There are (...) several ways to develop a noncontingent conventionalism: a version of the view that can accommodate the insight that the power of promise is indispensable to morally acceptable lives. Then, I argue that the conventionalist is indeed on the hook for accommodating this insight. I wrap up by considering the state of play in the debate over conventionalism about promising. Once we note the theoretical possibility of noncontingent conventionalism, it looks like the theatre of battle shifts to the difficult question of whether “natural” morality always provides “moral necessities.”. (shrink)

Conventionalism about property is the view that all moral duties correlative to property rights depend essentially either on the existence of a convention that assigns conventional ownership of objects, or on the existence of a body of positive law that confers legal property rights. It has been objected that, if Conventionalism about property is true, then it is impossible for someone to have her property right violated by someone who is not a member of the community in (...) which her conventional property right is assigned. But it is possible. When Christopher Columbus sailed up to the island of Hispaniola in 1492, he and his sailors wronged the inhabitants by forcing them off their land. So, Conventionalism is false. This is the Outsider Challenge for Conventionalism. The Outsider Challenge (and its first premise, in particular) receives support from the Benefit Condition, according to which one can be morally obligated to comply with a conventional rule only if one benefits or has one’s interests protected by the convention of which it is a part. Despite its provenance and plausibility, however, I think that the Benefit Condition should be rejected. Doing so in a principled way allows us to square Conventionalism with our moral intuitions and, thus, address the Outsider Challenge. My main aim in this essay is to reject the Benefit Condition in one such principled way by providing a Contractualist answer to the question of when, and why, someone is morally required to respect another’s conventional property right. One is morally required to respect the conventional property rights of another when and because failing to do so would run afoul of the Principle of Established Practices (pep) – a principle for which I give a Contractualist justification. Roughly, the pep requires us to comply with sufficiently just social practices in the absence of special justification, and the fact that one’s interests are not protected by a property convention is not always a sufficiently strong reason for one to violate the duties assigned by that convention. Since the fact that one’s interests are not protected by a property convention is not necessarily a special justification for violating the pep, the pep gives us reason to reject the Benefit Condition and, thus, the Outsider Challenge, too. (shrink)

ABSTRACT I motivate ‘Origin Conventionalism’—the view that which facts about one’s origins are essential to one’s existence depends partly on our person-directed attitudes. One important upshot is that the view offers a novel and attractive solution to the Nonidentity Problem. That problem typically assumes that the sperm-egg pair from which a person originates is essential to that person’s existence; in which case, for many future persons that come into existence under adverse conditions, had those conditions not been realized, the (...) individuals wouldn’t have existed. This is problematic because it delivers the counter-intuitive conclusion that it’s not wrong to bring about such adverse conditions since they don’t harm anyone. Origin Conventionalism, in contrast, holds that whether a person’s sperm-egg origin is essential to their existence depends on their person-directed attitudes. I argue that this provides a unique and attractive way of preserving the intuition that the actions in the ‘nonidentity cases’ are morally wrong because of the potential harm done to the individuals in question. (shrink)

Conventionalists about promising believe that it is wrong to break a promise because the promisor takes advantage of a useful social convention only to fail to do his part in maintaining it. Anti-conventionalists claim that the wrong of breaking a promise has nothing essentially to do with a social convention. Anti-conventionalists are right that the social convention is not necessary to explain the wrong of breaking most promises. But conventionalists are right that the convention plays an essential role in any (...) satisfactory account of promising. A new conventionalism can explain this by appealing to special features of social conventions. Two of these special features have important implications for any moral requirements they mediate, such as the requirement to keep one's promises and the moral requirements attached to social or occupational roles. First, these requirements will not depend on features of a situation that are inaccessible to typical participants in the convention. Second, these requirements often cannot be tailored to fit the overly unusual circumstances of participants. (shrink)

Conventionalism about necessity was deemed hopeless for a long time. The philosophical landscape, however, is shifting now with recent work in modal metaphysics locating the source of necessity in some kind of convention, albeit non-linguistic. Modal neo-conventionalists claim that a proposition is necessary just when it is true and is classified as such as a matter of convention. But what is the function of adopting a convention about necessity? And what are these conventions that distinguish what is possible from (...) what is impossible, anyway? In this paper, I first offer an elucidation of the two accounts of neo-conventionalism, which I call ‘worlds-based neo-conventionalism’ and ‘axiom-based neo-conventionalism’. Then, I discuss a number of pressing questions that modal neo-conventionalism faces. The moral is that neo-conventionalists have some work to do in order for the account to be explanatorily satisfactory. (shrink)

To be a conventionalist about a specific obligation or right is to believe that the obligation or right is dependent on the existence of a social practice. A conventionalist about property, for example, believes that a moral right to property is generated by conventional norms rather than by any natural right. One problem with dominant conventionalist theories is that they do not adequately justify conventional moral claims. They can justify why it is wrong to steal, for example, but (...) they do not justify the claim that you have on me to not steal from you. As a remedy, this article develops and defends the Principle of Legitimate Expectations. Suggested by John Rawls, this principle grants individuals a moral claim to what the rules of morally justified practices entitle them. This article addresses common objections to the principle to show how it can ground a wide range of conventional moral claims. (shrink)

Rawlsians argue for principles of justice that apply exclusively to the basic structure of society, but it can seem strange that those who accept these principles should not also regulate their choices by them. Valid moral principles should seemingly identify ideals for both institutions and individuals. What justifies this nonintuitive distinction between institutional and individual principles is not a moral division of labor but Rawls’s dual commitments to conventionalism and constructivism. Conventionalism distinguishes the relevant ideals for (...) evaluating institutions from those for evaluating actions, while constructivism explains why this distinction is morally fundamental. (shrink)

Conventionalism in sport philosophy has been rejected as unable to provide a theory of normativity and as collapsing in ethical relativism, but this criticism is rather imprecise about its target, which invites doubt about the legitimacy of the concept of conventionalism described by its critics. Instead, a more charitable and legitimate account of conventionalism is proposed, one that draws inspiration from conventionalism in axiomatic geometry and is able to avoid the counterarguments directed against conventionalism. This (...) new model allows for a number of non-conventional elements of sport, namely the definition of sport and certain central moral norms, while at the same time arguing that normativity in sport is not exhausted by them, which leaves athletic communities with authority over a broad range of norms. (shrink)

Call the conventionalist challenge to natural rights theory the claim that natural rights theory fails to capture the fact that moral rights are shaped by social and legal convention. While the conventionalist challenge is a natural concern, it is less than clear what this challenge amounts to. This paper aims to develop a clear formulation strong enough to put pressure on the natural rights theorist and precise enough to clarify what an adequate response would require.

ABSTRACTIn a recent article in this Journal, Eric Moore criticized an earlier essay of mine published in this same Journal on two fronts. On the first, he criticized my criticisms of broad internalism for relying on abstract moral principles too far removed from the practice of sport to adjudicate normative conflicts in which disputants cannot agree on what is the purpose of sport. On the second front, he criticized my reliance on what he called Rorty’s “controversial” views of truth (...) and rationality to back up my criticisms of broad internalism. I find both criticisms forceful but not persuasive. In my reply, therefore, I defend both use of Rorty’s and other similar historicist takes on rational justification and my criticisms of broad internalism principles-based approach to normative inquiry in sport. (shrink)

Conventionalism as a distinct approach to the social contract received significant attention in the game-theoretic literature on social contract theory. Peter Vanderschraaf’s sophisticated and innovative theory of conventional justice represents the most recent contribution to this tradition and, in many ways, can be viewed as a culmination of this tradition. In this article, I focus primarily on Vanderschraaf’s defense of the egalitarian bargaining solution as a principle of justice. I argue that one particular formal feature of this bargaining solution, (...) the baseline consistency requirement, may stand in tension with other features of conventionalism as an approach to the social contract and limit the scope of Vanderschraaf’s theory to societies in which de facto an egalitarian sense of justice evolves. It limits the scope of Vanderschraaf’s theory in the face of moral diversity. A similar limitation applies to Vanderschraaf’s theory of democratic political authority. Despite these minor limitations, Vanderschraaf’s theory can only be seen as a major success and significant contribution to social contract theory. (shrink)

Cultural appropriation, also called cultural borrowing, has been the topic of much discussion in recent years. Roughly speaking, cultural appropriation happens when someone outside of a cultural or ethnic group takes or uses some object that is characteristic or in some way important to the group without the group’s permission. Individuals who find cultural appropriation unproblematic have often argued that if we express moral criticism of the use of traditional Sami outfits by non-Sami, then we are logically committed to (...) criticize all kinds of habits that are clearly acceptable –such as using jeans, eating pizza or drinking tea. However, we will argue that in many cases that objection is problematic. We point out that if one social habit or practice is prohibited by existing social conventions but another is not, then there is a convention difference between the cases. The convention difference is in turn a morally relevant difference, or so we aim to show. We refer to “moderate conventionalism,” according to which existing social conventions are morally relevant facts that should be taken into account when choosing how to act, whatever the content of the conventions happens to be. The claim is analogous with the traditional view that laws have some moral relevance and binding force independent of their content. _Keywords:_ cultural appropriation, conventionalism, moderate conventionalism, convention difference. (shrink)

Kant's relation to Hobbesian voluntarism has recently become a source of controversy for the interpretation of Kant's practical philosophy. Realist interpreters, most prominently Karl Ameriks, have attacked the genealogies of Kantian autonomy suggested by J. B. Schneewind and Christine Korsgaard as misleadingly voluntarist and unacceptably anti-realist. In this debate, however, there has been no real discussion of Kant's own views about Hobbes. By examining the relation of Hobbes' voluntarism to a kind of conventionalism, and through a reading of Kant's (...) most explicit discussion of Hobbes, in “Theory and Practice,“ 1 I argue that Kant's criticism of Hobbes is much more limited than it might first appear. Rather than rejecting Hobbes' voluntarism and conventionalism entirely, Kant ends up criticizing only Hobbes' understanding of the relation between these doctrines. The essay thus defends Schneewind's and Korsgaard's histories of modern moral philosophy, and raises doubts about realist readings of Kant's practical philosophy. (shrink)

This article focuses on the conventions that sustain social interaction and argues that they are central to Simon's decision-making theory. Simon clearly identifies two kinds of coordination by convention: behavioral mores that shape human actions, and shared mental models that govern human perceptions. This article argues that Poincaré–Carnap's conventionalism provides powerful support for Simon's theory; it contends that this theory offers a more convincing account of decision and coordination than Lewis' concept of convention. Simon's approach to applying conventionalist logic (...) to social interaction emphasizes the normative role played by mental models in solving coordination problems and considers rationality in terms of both cognitive and moral considerations. By connecting conventional phenomena to social identifications, Simon stresses the resulting complexity of coordination problems. (shrink)

The law persists because people have reasons to comply with its rules. What characterizes those reasons is their interdependence: each of us only has a reason to comply because he or she expects the others to comply for the same reasons. The rules may help us to solve coordination problems, but the interaction patterns regulated by them also include Prisoner's Dilemma games, Division problems and Assurance problems. In these "games" the rules can only persist if people can be expected to (...) be moved by considerations of fidelity and fairness, not only of prudence.This book takes a fresh look at the perennial problems of legal philosophy - the source of obligation to obey the law, the nature of authority, the relationship between law and morality, and the nature of legal argument - from the perspective of this conventionalist understanding of social rules. It argues that, since the resilience of such rules depends on cooperative dispositions, conventionalism, properly understood, does not imply positivism. (shrink)

Drawing on themes important in moral and political philosophy, much of the scholarship on the constitutional law of privacy in the United States distinguishes between privacy understood as a person's control over information and privacy understood as a person's ability to make autonomous decisions. For example, Katz v. United States established the framework for analyzing whether police activity constituted a “search” subject to the Fourth Amendment's requirement that the police either obtain a warrant before conducting a search or otherwise (...) act reasonably. The defendant was a professional gambler who knew enough about police techniques to use a public telephone to make his business calls. Police agents attached a listening device to the outside of the phone booth, and sought to use the recordings against the defendant. The Supreme Court agreed with the defendant that the Fourth Amendment had been violated. Justice John Marshall Harlan's influential concurring opinion asserted that a person's privacy, in the sense of control over information, depended on two factors: “that a person have exhibited an actual expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’” Fourth Amendment cases like Katz involve informational control; they define the circumstances under which the government may acquire information from or about a person without first obtaining the person's agreement. In contrast, cases like Griswold v. Connecticut, which barred the state from making it a criminal offense to use contraceptives, and Roe v. Wade, which restricted the state's power to prohibit or regulate abortions, used the language of privacy rights to protect a much broader interest in autonomous decision-making. Seeing these cases and related ones through lenseees provided by moral and political philosophy, scholars have attempted to describe what a morally sound constitutional law of privacy would be, and the broadest sense, dworkinian. That is, they seek to provide an account of privacy with two characteristics: it is broadly consistent with the relevant constitutional decisions, and it is the most morally attractive account possible that satisfies the requirement of consistency with the decisions. (shrink)

Anti-realism about the foundations of logic are curiously absent from the literature. This is especially striking given natural analogies with moral anti-realis.

The power to promise is morally fundamental and does not, at its foundation, derive from moral principles that govern our use of conventions. Of course, many features of promising have conventional components—including which words, gestures, or conditions of silence create commitments. What is really at issue between conventionalists and nonconventionalists is whether the basic moral relation of promissory commitment derives from the moral principles that govern our use of social conventions. Other nonconventionalist accounts make problematic concessions to (...) the conventionalist's core instincts, including embracing: the view that binding promises must involve the promisee's belief that performance will occur; the view that through the promise, the promisee and promisor create a shared end; and the tendency to take promises between strangers, rather than intimates, as the prototypes to which a satisfactory account must answer. I argue against these positions and then pursue an account that finds its motivation in their rejection. My main claim is: the power to make promises, and other related forms of commitment, is an integral part of the ability to engage in special relationships in a morally good way. The argument proceeds by examining what would be missing, morally, from intimate relationships if we lacked this power. (shrink)

By the time Hobbes wrote Leviathan, he was a theist, but not in the sense presumed by either side of the present-day debate concerning the sincerity of his professed theism. On the one hand, Hobbes’s expressed theology was neither merely deistic, nor confined to natural theology: the Hobbesian God is not merely a first mover, but a person who counsels, commands, and threatens. On the other hand, the Hobbesian God’s existence depends on being constructed artificially by human convention. The Hobbesian (...) God is not a natural person; he exists as a person only insofar as he is by fiction represented. Like the state and pagan gods, he is an artificial person by fiction. The upshot is that Hobbes was a sincere theist and that his seventeenth-century critics were right to think that, in their sense, he was an atheist: he did not steadfastly believe in an independently existing deity who precedes human convention. Hobbes was agnostic on this question. He nevertheless believed that God is brought into being as an artificial person. This ‘personal theology’ not only involved a heretical interpretation of the Trinity, it also came to play a significant role in his moral and political philosophy. (shrink)

In Menkiti’s Moral Man, Oyowe argues that Menkiti’s persons are “soft persons.” They are different in kind from human beings in that they find their existence in a social ontology, whereas humans find theirs in a natural ontology, but this does not make them any less real. This understanding, Oyowe contends, is consistent with Menkiti’s texts and allows for a satisfying explanation of a possibly problematic relationship between human being and person. He acknowledges that their placement in social ontology (...) makes them (at least partly) conventional entities and so opens Menkiti’s account to some of the threats that face conventionalism, but he goes on to argue that these can be overcome. This article argues against Oyowe that Menkiti’s persons are resistant to the interpretation as soft entities. Though Menkiti continually stresses the importance of the community to personhood, much of what he has to say suggests he ascribes neither to the distinction between social and natural ontology that is central to Oyowe’s interpretation nor to the conventionalism that comes with it. This article argues that the soft-person reading does not solve problems of conventionalism as neatly as Oyowe hopes but that Menkiti’s view is not vulnerable to those problems. (shrink)

Can a set of musical metaphors in a treatise on ethics reveal something about the nature and source of moral autonomy? This article argues that it can. It shows how metaphorical usage of words like tone, pitch, and concord in Adam Smith's Theory of Moral Sentiments can be understood as elements of an analogical model for morality. What this model tells us about morality depends on how we conceptualise music. In contrast to earlier interpretations of Smith's metaphors that (...) have seen music as an aesthetic object, this article sees music as a practice. Understood in this way, the analogy allows us to see morality too as a practice––as moral tuning. This in turn reveals a novel answer to the intractable problem of conventionalism: moral autonomy consists in the freedom inherent in the constant need to interpret and reinterpret the strictly formal ideal of perfect propriety. (shrink)

ABSTRACT The Universal Draft Declaration on Bioethics and Human Rights seeks to provide moral direction to nations and their citizens on a series of bioethical concerns. In articulating principles, it ranks respect for human rights, human dignity and fundamental freedoms ahead of respect for cultural diversity and pluralism. This ranking is controversial because it entails the rejection of the popular theory, conventionalist ethical relativism. If consistently defended, this theory also undercuts other United Nations activities that assume member states and (...) people around the world can reach trans‐cultural judgments having moral authority about health, pollution, aggression, rights, slavery, and so on. To illustrate problems with conventionalist ethical relativism and the importance of rejecting it for reasons of health, human rights, human dignity and fundamental freedoms, the widespread practice of female genital circumcision or cutting is discussed. These surgeries are virtually a test case for conventionalist ethical relativism since they are widely supported within these cultures as religious and health practices and widely condemned outside them, including by the United Nations. (shrink)

David Lewis’ Convention has been a major source of inspiration for philosophers and social scientists alike for the analysis of norms. In this essay, I demonstrate its usefulness for the analysis of some moral norms. At the same time, conventionalism with regards to moral norms has attracted sustained criticism. I discuss three major strands of criticism and propose how these can be met. First, I discuss the criticism that Lewis conventions analyze norms in situations with no conflict (...) of interest, whereas most, if not all, moral norms deal with situations with conflicting interests. This criticism can be answered by showing that conventions can emerge in those contexts as well. Secondly, I discuss the objection that this type of conventionalism, inspired by Lewis, presents moral norms as fundamentally contingent, whereas most, if not all, moral norms are not. However, such critics fail to appreciate that conventions are not radically contingent. Moreover, if one distinguishes the question as to why an individual should comply with a norm from the question whether the norm in question itself can be justified, a core element of the complaint of contingency disappears. The third objection to conventionalism concerns the way in which conventionalists justify norms. I argue that reflection upon the way in which according to Lewis norms are justified reveals a fundamental tension in his theory. Possible solutions to this tension all have in common that the complaint of contingency returns in some form. Therefore, this third complaint cannot be avoided altogether. (shrink)

There are no moral entitlements with respect to pollution prior to legal conventions that establish them, or so I will argue. While some moral entitlements precede legal conventions, pollution is part of a category of harms against interests that stands apart in this regard. More specifically, pollution is a problematic type of harm that creates liability only under certain conditions. Human interactions lead to harm and to the invasion of others’ space regularly, and therefore we need an account (...) of undue harm as a basis of assigning legal protections and obligations to different agents, which creates standards for holding those agents responsible for harm. Absent such positive standards with respect to pollution at the domestic or international level, it does not make sense to hold agents responsible. This fact has two fundamental implications. First, contrary to what some defenders of environmental justice argue, we cannot hold people responsible for polluting without a system of legal rights in place that assigns entitlements, protections, and obligations, and second, contrary to what opponents of environmental regulation claim, the lack of moral entitlements to pollute creates room for quite extensive legal restrictions on people’s ability to pollute for the sake of the environment and human health. Indeed the scope of those restrictions is wide and open-ended. (shrink)

The property of physical health is presented as a model for moral goodness, and a primer on being healthy follows. Healthiness is understood in terms of proper biological function. Conventionalism and relativism, two bugbears of moral realism, are discussed in relation to healthiness and found not to arouse suspicion about the reality of physical health. By analogy, these can be accommodated by moral realism. A discussion of the supervenience and reduction of goodness and health follows, and (...) the chapter ends with a discussion of S. Blackburn's challenge to moral realism based on supervenience. (shrink)

According to legal conventionalism, a legal system cannot come into existence and be sustained over time unless legal officials see themselves as working together with their fellow participants in the practice of law for the purpose of achieving coordination or alternatively realizing a joint endeavor. This thesis has traditionally been thought to support a positivist understanding of law. The paper challenges this piece of common wisdom. It aims to establish that the idea of cooperation among legal officials that figures (...) so prominently in conventionalist accounts of law may in a suitable form be appropriated by a robust version of natural-law theory. It claims that participants in the practice of law may be understood as having reasons of political morality to heed the acts and decisions of their fellow participants and calibrate their own behavior accordingly. It takes the value of democracy to illustrate the point. Democracy furnishes a reason for courts to give effect to democratically reached decisions rather than work out on their own how best to adjudicate disputes before them. (shrink)

Can a set of musical metaphors in a treatise on ethics reveal something about the nature and source of moral autonomy? This article argues that it can. It shows how metaphorical usage of words like tone, pitch, and concord in Adam Smith's Theory of Moral Sentiments can be understood as elements of an analogical model for morality. What this model tells us about morality depends on how we conceptualise music. In contrast to earlier interpretations of Smith's metaphors that (...) have seen music as an aesthetic object, this article sees music as a practice. Understood in this way, the analogy allows us to see morality too as a practice––as moral tuning. This in turn reveals a novel answer to the intractable problem of conventionalism: moral autonomy consists in the freedom inherent in the constant need to interpret and reinterpret the strictly formal ideal of perfect propriety. (shrink)

Challenged by moral nihilism we have three options: some sort of “Protagorean” conventionalism, a transcendentally rooted version of “naturalism” originally identified by Plato and fleshed out by Augustine, and a “virtual” morality cynically marketed as objective. Conventionalism, however, fails to ground obligation, which could thus be justified only by “Augustine's” alternative, which he developed from its original in three ways: by proposing a personal first principle, thus emphasising respect for every individual; by deepening our awareness of evil (...) in reinforcing the notion of “crime” by that of “sin” against the nature and consequent commands of a personal God; and by locating us in no timeless sphere of pure rationality but in our particular historical space. Religion (so understood) and moral obligation stand or fall together. (shrink)

Lockeans regard taxation as a—perhaps sometimes permissible—infringement of moral property entitlements. This essay discusses whether, or in what form, this charge is defensible. In doing so, it will explore the truth and the limits of the conventionalist reply of Murphy and Nagel to Lockean challenges to taxation. It argues that there is a moral rationale for property conventions that is independent of the question whether and how one can acquire natural, pre-conventional property rights in the state of nature, (...) that this rationale sets a moral standard for how good property conventions are and whether they are justifiable at all, and that once property conventions are in place, people’s moral property entitlements are at least partly determined by these conventions, sometimes even by unjustifiable ones that ought to be reformed. Because taxation can be a part of property conventions, taxation as such is not an infringement of moral property entitlements. But the essay will also argue that some taxation—excessive taxation—does infringe on moral property entitlements. This is because the moral rationale for property conventions sets some standards for what owners should be entitled to, and so excessive taxation will infringe upon moral entitlements that are partly not convention-based. (shrink)

Augustine established a moral framework that dominated Western culture for more than a thousand years. His partly flawed presentation of some of its key concepts, however, prompted subsequent thinkers to attempt to repair this framework, and their efforts often aggravated the very problems they intended to solve. Over time, dissatisfaction with an imperfect Augustinian theology gave way to increasingly secular and eventually impersonal moral systems. This volume traces the distortion of Augustine's thought from the twelfth century to the (...) present and examines its consequent reconstructions. John M. Rist argues that modern philosophies should be recognized as offering no compelling answers to questions about the human condition and as leading inevitably to conventionalism or nihilism. In order to avoid this end, he proposes a return to an updated Augustinian Christianity. Essential reading for anyone interested in Augustine and his influence, Augustine Deformed revitalizes his original conception of love, will and freedom. (shrink)

I argue, contra Sabina Lovibond, that one cannot defend a viable form of moral realism from the perspective of linguistic conventionalism. Appealing to the later Wittgenstein, I argue that Wittgenstein's alleged linguistic conventionalism rests on the objective ground of the notion of a rule. While Wittgenstein acknowledges that the subjective and social context out of which we operate precludes getting at reality independent of a perspective, neither is he an anti-realist nor does he replace truth conditions with (...) assertibility conditions. If conventions are grounded in the notion of a rule, we can then use this conclusion to defend a form or moral realism. (shrink)

In this article I offer an account of normative thought inspired by Plato's proposal in the Theaetetus that judgement is ‘speech spoken … silently.’ After arguing that force conventionalism is the speech act theory best suited for modeling dialogic inner speech, I close the article by sketching the picture of normative thought that results. Though I defend a particular theory of normative speech elsewhere, the core insights of this article can be used by other theorists as well. The arguments (...) offered here also serve as an important step forward for the more general program of using social speech to better understand thought. (shrink)

n this thesis I describe how conventions specify how to put normative principles into practice. I identify a class of recurring situations where there are some given normative principles in effect, but they underdetermine what each individual should do, and what is best for an individual depends on what others do. I demonstrate that in such cases, whenever the community develops a response that repeatedly brings them to as good an outcome as is available according to their principles, that response (...) is a Lewisian convention where the benefit of an outcome to each individual is measured by the extent to which it conforms to the principles they subscribe to. Since these conventions are constrained by the normative principles, I call them limited conventions. They are supplements to the principles, and are ineradicably involved in moral action insofar as the abovementioned cases of moral underdetermination are in play. That has the consequence that in these cases the only reliable way to follow your principles is to follow the relevant conventions. As examples of this mechanism I offer a conventionalist analysis of authority, such that the commands of an authority is normative when they instantiate a limited convention, and of the variation in understandings of virtue and vice across societies, such that the evaluative vocabulary of each society is a set of different limited conventions about how to express in word and deed the evaluative points of the virtues and vices in question. Finally, I discuss how conventions and similar forms of guidance provide a way for individuals to participate in their community’s moral life without having a full understanding of the principles that underlie it, or even if they are profoundly ignorant or outright mistaken about the demands of morality. (shrink)

This paper examines the conflict between conventional and non-conventional moral obligations by focusing on the specific case of political lies. It argues that political candidates are under a conventional obligation to try and win their election, and sometimes the most moral way to discharge this obligation involves lying. In such cases, candidates face a conflict between the conventional obligation to try and win and the non-conventional obligation to not lie. Oftentimes, candidates that face this conflict should lie because (...) because voters, contributors, staffers and political allies all legitimately rely on that candidate to try and win. To make this point, the paper defends a framework for understanding conventional obligations that applies far beyond the specific case of political lies. (shrink)

There is a connection between moral facts and personal identity facts: morality grounds personal identity. If, for example, old Sally enters a teletransporter, and new Sally emerges, the fundamental question to ask is: is new Sally morally responsible for actions (and omissions) of old Sally? If the moral facts are such that she is morally responsible, then Sally persisted through the teletransporter event, and if not, Sally ceased to exist.

This book is a penetrating study of the theory of mind and morality that Hume developed in his Treatise of Human Nature and other writings. Hume rejects any conception of moral beliefs and moral truths. He understands morality in terms of distinctive desires and other sentiments that arise through the correction of sympathy. Hume's theory presents a powerful challenge to recent cognitivist theories of moral judgement, Bricke argues, and suggests significant limitations to recent conventionalist and contractarian accounts (...) of morality's content. (shrink)

I argue that several recent criticisms Lopez Frias has made against my conventionalist version of broad internalism fail to hit their mark. I further argue that the author's use of Habermas's account of discourse ethics to make his criticisms also misfires because Habermas expressly warned against using his account to resolve normative conflicts that arise from the often conflicting ways different communities order their ethical lives, to include their athletic lives. My main aim in responding to Lopez Frias was to (...) bring critical attention to the normative difficulties that result when we cannot agree on how sport should be done because we cannot agree on what is/are the purpose of sport. (shrink)

Kenneth R. Westphal presents an original interpretation of Hume's and Kant's moral philosophies, the differences between which are prominent in current philosophical accounts. Westphal argues that focussing on these differences, however, occludes a decisive, shared achievement: a distinctive constructivist account of the basic principles of justice which justifies their strict objectivity without invoking moral realism nor moral anti- or irrealism. Westphal explores how Hume developed a kind of constructivism for basic property rights and for government, and how (...) Kant greatly refined Hume's construction of justice within his 'metaphysical principles of justice', whilst preserving the core model of Hume's innovative account. Westphal contends that Hume's and Kant's constructivism avoids the conventionalist and relativist tendencies latent if not explicit in contemporary forms of moral constructivism. (shrink)

Liberal egalitarian political philosophers have often argued that private property is a legal convention dependent on the state and that complaints about taxation from entitlement theorists are therefore based on a conceptual mistake. But our capacity to grasp and use property concepts seems too embedded in human nature for this to be correct. This essay argues that many standard arguments that property is constitutively a legal convention fail, but that the opposition between conventionalists and natural rights theorists is outmoded. In (...) doing this, the essay draws on recent literature in evolutionary biology and psychology. Even though modern property in a complex society involves legal conventions, those conventions should be sensitive to our natural dispositions concerning ownership. (shrink)

The article focuses on Leibniz’s theory of dual access to the innate practical truths developed in the _New Essays_, on the background of the reconciliation between egoism and altruism he pursues – since his early writings on natural law – through the categories of disinterested love and charity, and the onto-aesthetic implication between harmony and pleasure as well. After reconstructing the meaning and the functions of the argument on the community of brigands that Leibniz addresses against Locke’s conventionalism, the (...) article dwells on the structure of social instincts in human and non-human animals and emphasises the role of the “prick of conscience”, conceived of as a first, affective and pre-rational step in the construction of otherness. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ill HUME ON THE MORALITY OF PRINCES "There is a maxim very current in the world," says Hume (Treatise III, ii, sec. 11) "that there is a system of morals calculated for princes, much more free than that which ought to govern private persons. " He interprets the maxim to mean that "the morality of princes... has not the same force as that of private persons, and may lawfully (...) be transgress 'd from a more trivial motive." And he gives as an example: "we must necessarily give a greater indulgence to a prince or minister, who deceives another; than to a private gentleman, who breaks his word of honour" (T 569). This passage, cryptic though it is, makes Hume sound bad. He seems to be a cynic, or a skeptic, or an immoralist, with respect to the morality of nations. Does he think that princes have a special right to act immorally? Even worse is the reason he gives: international relations just don't matter very much, he says. And the chapter in question is not just a self-contained essay more or less tacked on to the Treatise. Hume tries to connect it integrally with his theory of justice. The point of the chapter is not to put forward a view about the morality of international relations (a view Hume himself admits may be found shocking), but to demonstrate the power of the theory of justice by showing how the "maxim current in the world" can be defended upon the theory's principles. The passage has not won approval from recent commentators. One, Marshall Cohen, labels Hume a "moderate skeptic" with regard to international morality and argues vehemently that Hume's position 2 should be condemned as immoral. Cohen, who thinks that there is only one system of morality and that it 112 applies "with equal force to princes and private persons," evidently thinks any system weakening ordinary standards is immoral by definition. He traces Hume's allegedly morally flawed views to what he regards as a deep flaw in Hume's moral theory, namely, his conventionalism. J. L. Mackie and Jonathan Harrison are both considerably more sympathetic to Hume's general position, but nevertheless are critical of the chapter in question. They agree with Hume's observation that international morality is weaker than private. (Harrison points out that people tend to regard breaches of private morality as more serious than breaches of international morality: "A minister may be dismissed for sexual misconduct, although he breaks solemn treaties with other nations with impunity." But, contrary to Hume, they find this weakness deplorable, Harrison arguing that, given the relative amount of harm princes do, the indulgence allowed them is irrational. Harrison in fact at first agrees with Hume: "He is right, too, in suggesting that the obligations of nations to be just in their dealings with one another is [sic] of less force than the obligations of private persons." But after ten pages he has evidently changed his mind: "[with respect to] what Hume says about the comparative force of the morality of princes and the morality of private persons, though it is clear that there is nothing in principle wrong with Hume's view that the former has less force than the latter... it is doubtful whether he is right in saying that the former do in fact have less force than the latter." Like Cohen, who holds that "Injustice among nations should be regarded as being as reprehensible as injustice among individuals," Harrison concludes (more tentatively than Cohen) "my 113 own feeling... is that though Hume is right in thinking that the morality of princes is commonly regarded as being of less force than private morality, he is wrong... in thinking that... they [sic] are of less force." So none of our commentators agree with Hume that international morality not only is, but is properly, weaker than domestic. How did Hume go wrong? Hume argues that international morality is weaker because the interests at stake are less. Where the interests at stake do not matter very much, Hume thinks, it is not so important what people do, and thus the moral obligations involved are weaker. (Hume thinks this idea... (shrink)

This chapter considers the difficulties inherent in judgment, and focuses on differences of an ethical variety, shot through with the normative reality of the ethical pluralism of values, from relativisms to monisms, and some of their characteristics conditionality, incompatibility, and incommensurability. It also considers the type of commitments made in relation to these values and different types of conflict. The chapter explains five types of burdens of judgment listed by John Rawls. Rawls' solution for avoiding the general fact of State (...) oppression has collateral effects on moral philosophy and on ethics. Unlike pluralism, relativism questions, in a variety of ways, the possibility of discussion, of justification and of a critique of values. There are at least three distinct types of relativism: radical relativism, conventionalist relativism, and perspectivist relativism. The most notable fact is reasonable pluralism, described as “the diversity of religious, philosophical, and moral doctrines found in modern democratic societies”. (shrink)