The characteristic asymmetry in the attribution of intentionality in causing side effects, known as the Knobe effect, is considered to be a stable model of human cognition. This article looks at whether the way of thinking and analysing one scenario may affect the other and whether the mutual relationship between the ways in which both scenarios are analysed may affect the stability of the Knobe effect. The theoretical analyses and empirical studies performed are based on a distinction between moral and (...) non-moral normativity possibly affecting the judgments passed in both scenarios. Therefore, an essential role in judgments about the intentionality of causing a side effect could be played by normative competences responsible for distinguishing between normative orders. (shrink)

Although people establish norms that enable them to live together, some of these have to be coupled with a system of enforcement. This conforms to broad social contract theory and can also be applied to the international sphere. The international community is also based on a system of norms. However, unlike the domestic context, there is no overreaching authority to direct states on what they should do. Rather it is left to states themselves to police this framework. However, this has (...) resulted in one of the conditions envisaged by social contract theorists, namely a stasis between the command order and the state of nature. This may explain, for instance, the indifference to some modern human rights violations. Hence the current system of International law, with its insistence on the Westphalian principle of equality of states has caused a substantial fracture in the enforcement of international law, particularly when it comes to serious human rights breaches, and caused something akin to the state of nature envisaged by social contract theorists. While it may be practically impossible to provide a command system in the international sphere similar to the one in the domestic life, there is some hope that a revised deontological ethic founded on global integration may provide one impetus for change. (shrink)

A legal system consists of a complex body of practices—primary and secondary—, particularly practices of reasoning and justification. The intellectual, theorized aspect of legal order is embodied in legal doctrine: the corpus of norm-sentences, norms and rules, principles, doctrines and concepts used as basis for legal reasoning and justification. It includes elaborate conceptual structures of principles and doctrines, explicit and sophisticated forms of reflection and criticism. It is only when we have understood the nature of legal doctrine that we can (...) comprehend the workings of courts, lawyers and even legislatures. Concerning the need for a new conception of legal theory one question arises, above all, especially when external and internal observation as well as the critical reflection of the premises and presuppositions of all dealings with the law permit a degree of distance, the question, namely, whether it is not an increasing application of scientific methods that is needed, in the sense that the development of a legal theory from the beginning involves the integration of a norm-descriptive point of view and intellectual stand-point with the norm-prescriptive theory of law, by way of complementing each other, as it were (multi-level-approach to law). This, at least, appears to be the only way of clarifying also the relationship between le­gal theory and philosophy and the theory and sociology of law. The inevitable consequences of the development of a theory of norms and action also have to be drawn from this. (shrink)

In this paper, I explain and defend Karol Wojtyła’s claim that “if we wish to speak rationally about good and evil, we have to return to the philosophyof being. If we do not set out from such ‘realist’ presuppositions, we end up in a vacuum.” I begin by outlining Wojtyła’s existential understanding of the good,according to which the good for x is found in those ends that complete the being that is lacking in x, or that enhance its existence in (...) keeping with its nature. Then I explain how Wojtyła moves from an existentialunderstanding of the good to the thesis that “exemplarism is the very heart of the normative order.” Finally, using representative thinkers from both the Continentaland Analytic traditions, I defend Wojtyła’s claim that when we divorce goodness from being we end up in a moral vacuum, in a kind of nihilism wherethe good signifies nothing other than the rationalized articulation of one’s subjective needs, desires, or wishes. In such a state, the only means for resolving moraldisagreements is through the consensus of the majority or the forceful rule of the strongest will. (shrink)

This article discusses how to interpret the so-called Knobe effect, which refers to the asymmetry in judgments about the intentionality of the side effects caused by one’s actions. The observed tendency is explained through the “moral undertone” of the actions judged. So far, discussions have mostly been held among philosophers in the analytical tradition, who see the theory of morality largely as an ethics of rules. The analysis developed in this article advances the research carried out so far to include (...) teleological ethics, most notably the tradition of Thomistic ethics. Philosophical discussions address the problem of normative orders, focusing in particular on two types of cognition concerned, respectively, with moral judgments and facts. Investigating this issue proves to be helpful not only to explain the Knobe effect, but also to better understand the very notion of an intentional action as employed in the philosophy of action. As a result of this analysis, the Author explains the existing asymmetry in the attribution of intentionality to actions with the respondents’ confusion between cognitive orders. This problem brings us to the issue of normative competences. In analyzing the Knobe effect, normative competences would be responsible for the classification of the data collected and separation of the “purely informative” order from the order of moral judgments, referring to norms or values. (shrink)

Homo Juridicus focuses on the normative foundations underlying all socio-cultural formations. The book uses the concept of ''normativity'' in an inclusive sense. It includes law, but it is not limited to it. As such, it explores the various social and cultural forces that persuade, incite, seduce, influence, direct, restrain, repress or control behavior. It is a major interdisciplinary study cutting across several disciplines of social science, such as law, anthropology, sociology, psychology, linguistics and philosophy. Its primary audience is law (...) students, as well as the scholarly community across law and the social sciences. ''Isaak Dore is one of the very few scholars who straddles a broad range of legal and nonlegal disciplines. This important book deconstructs the idea of normativity in culture and illuminates it through various strains of thought in anthropology, sociology, psychology, linguistics and philosophy. Its grasp of these disciplines is impressive in terms of nuance, breadth, particularity and lucidity. It is a unique work, brilliantly executed, providing a rich background against which the promotion of social order through legal and nonlegal norms can be evaluated. It both provokes and compels one to think outside of the conventional structures and assumptions of law and social order. I know of no other work that offers the broad intellectual reach that this ambitious book presents.'' - Laura S. Underkuffler, J. DuPratt White Professor of Law, Cornell Law School. (shrink)

This paper aims at being a systematic investigation of different completeness properties of first-order predicate logics with truth-constants based on a large class of left-continuous t-norms . We consider standard semantics over the real unit interval but also we explore alternative semantics based on the rational unit interval and on finite chains. We prove that expansions with truth-constants are conservative and we study their real, rational and finite chain completeness properties. Particularly interesting is the case of considering canonical real and (...) rational semantics provided by the algebras where the truth-constants are interpreted as the numbers they actually name. Finally, we study completeness properties restricted to evaluated formulae of the kind , where φ has no additional truth-constants. (shrink)

The present paper is concerned with a ramified type theory (cf. (Lorenzen 1955), (Russell), (Schütte), (Weyl), e.g.,) in a cumulative version. §0 deals with reasoning in first order languages. is introduced as a first order set.

Exploring the pre-political en pre-legal spiritual infrastructure from which modern, liberal democracies in the West live, but cannot guarantee, this book ...

Genuine norms have no truth-value. This makes their \logic" peculiar. Norms which are prescriptions have, moreover, a history. They come into being, are \in force" for some time, and then pass out of existence. By a corpus of norms we understand a nite set of temporally co- existing norms. A corpus is satised if, and only if, all states of aairs which the norms of the corpus pronounce obligatory obtain throughout the history of the corpus { and every state which (...) the norms pronounce permitted obtains some time in this history. And a corpus is satisable if if is logically possible that it is satised. (shrink)

Many theories of rational belief give a special place to logic. They say that an ideally rational agent would never be uncertain about logical facts. In short: they say that ideal rationality requires "logical omniscience." Here I argue against the view that ideal rationality requires logical omniscience on the grounds that the requirement of logical omniscience can come into conflict with the requirement to proportion one’s beliefs to the evidence. I proceed in two steps. First, I rehearse an influential line (...) of argument from the "higher-order evidence" debate, which purports to show that it would be dogmatic, even for a cognitively infallible agent, to refuse to revise her beliefs about logical matters in response to evidence indicating that those beliefs are irrational. Second, I defend this "anti-dogmatism" argument against two responses put forth by Declan Smithies and David Christensen. Against Smithies’ response, I argue that it leads to irrational self-ascriptions of epistemic luck, and that it obscures the distinction between propositional and doxastic justification. Against Christensen’s response, I argue that it clashes with one of two attractive deontic principles, and that it is extensionally inadequate. Taken together, these criticisms will suggest that the connection between logic and rationality cannot be what it is standardly taken to be—ideal rationality does not require logical omniscience. (shrink)

In this collection of essays, the first translation into English of the ground-breaking 'Normativität und Macht' (Suhrkamp 2015), Rainer Forst presents a new approach to critical theory. Each essay reflects on the basic principles that guide our normative thinking. Forst's argument goes beyond 'ideal' and 'realist' theories and shows how closely the concepts of normativity and power are interrelated, and how power rests on the capacity to influence, determine, and possibly restrict the space of justifications for others. By combining (...) insights from the disciplines of philosophy, history, and the social sciences, Forst revaluates theories of justice, as well as of power, and provides the tools for a critical theory of relations of justification. Translated from German. (shrink)

Exploring recent controversies over the role of ethics in economics, The Boundaries of Technique encourages scholars and students to discover and debate the ways in which economics is insulated from ethics, and the ways in which it is dependent upon it. Ultimately, by bringing readers to a deeper awareness of the intrinsic involvement of the individual and the responsibility of moral choice, Yuengert makes an invaluable contriubtion to the study and practice of economics.

In this article we address Emile Durkheim's theory that norms and values become more generalized and abstract in a society as it becomes more complex and differentiated. To test Durkheim's theory we examine etiquette manuals—the common texts that define normative manners and morals in American society. We perform a deductive content analysis on past and present etiquette manuals to understand what changes have occurred regarding shifting behavioral norms and values over time. Our findings suggest that a change has occurred (...) in the presentation and language of contemporary etiquette manuals, reflecting a greater change in the normative order. We find—as Durkheim would expect—that three main shifts have occurred: a shift from specific to general expectations for behavior in social settings, a shift from demanding to more suggestive rules of behavior in social situations, and a weakening in the severity of sanctions for breaches of etiquette. (shrink)

What happens in the world’s most advanced life sciences laboratories, why those activities are important, and whether and how they can be brought under a uniform governance framework might be considered exquisitely esoteric matters in the context of the great geopolitical questions of our time. Nonetheless, the emerging issues in biotechnology—the use of living organisms to create new products and especially in the control of the human genome—represent a useful stress test for the future of the norms inherent in the (...) liberal international order (LIO). My case study will be the nearly universal public outrage following the announcement by a Chinese scientist that he had engaged in the first gene editing of several embryos that survived to birth, an episode that has created an opportunity to assess the global consensus about the ethics of biotechnology with regard to human DNA. Although not as explicit or well understood or enforced as weapons treaties, trade arrangements, or monetary institutions, the norms around biotechnology are very much a product of the post-World War II liberal consensus. (shrink)

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

This article critically examines a recent philosophical debate on the role of values in climate change forecasts, such as those found in assessment reports of the Intergovernmental Panel on Climate Change. On one side, several philosophers insist that the argument from inductive risk, as developed by Rudner and Douglas among others, applies to this case. AIR aims to show that ethical value judgments should influence decisions about what is sufficient evidence for accepting scientific hypotheses that have implications for policy issues. (...) Advocates of extending AIR to climate science claim that values are deeply... (shrink)

This paper analyses and compares some of the automated reasoners that have been used in recent research for compliance checking. Although the list of the considered reasoners is not exhaustive, we believe that our analysis is representative enough to take stock of the current state of the art in the topic. We are interested here in formalizations at the _first-order_ level. Past literature on normative reasoning mostly focuses on the _propositional_ level. However, the propositional level is of little usefulness (...) for concrete LegalTech applications, in which compliance checking must be enforced on (large) sets of individuals. Furthermore, we are interested in technologies that are _freely available_ and that can be further investigated and compared by the scientific community. In other words, this paper does not consider technologies only employed in industry and/or whose source code is non-accessible. This paper formalizes a selected use case in the considered reasoners and compares the implementations, also in terms of simulations with respect to shared synthetic datasets. The comparison will highlight that lot of further research still needs to be done to integrate the benefits featured by the different reasoners into a single standardized first-order framework, suitable for LegalTech applications. All source codes are freely available at https://github.com/liviorobaldo/compliancecheckers, together with instructions to locally reproduce the simulations. (shrink)

An important merit of this book consists in its skillful marshaling and evaluation of divergent insights on a selection of controverted issues in ethical philosophy. The selection includes the identification of the good, especially intrinsic good, and what it is to be a good person; the nature of the right and the bearing of intentions and consequences on the rightness of actions; the essence of justice and the interrelations that obtain between and among the concepts of justice, law, and life (...) in society; and the question of whether one should view punishment as a means of retaliation, correction, deterrence, or restitution, or an appropriate combination of these factors. (shrink)

In this paper I offer a first account of a practice-based conception of normativity for the political domain. This standpoint is used to relocate the most sophisticated normative practices of justification and critique within an experience-based framework, that of the human being as a “normative creature.” I begin by discussing the two major paradigms in political theory, showing that their neglect of this broad framework of normativity is a serious drawback. I then proceed to articulate the central elements (...) of a practicebased account of normativity: the notions of normative practices and normative orders, and an account of the rationality potential of normativity as practice. (shrink)

Reviews : Kenneth Baynes, The Normative Grounds of Social Criticism: Kant, Rawls and Habermas ; Janna Thompson, Justice and World Order: A Philosophical Inquiry ; Seyla Benhabib, Situating the Self: Gender, Community and Postmodernism in Contemporary Ethics.

This book investigates humanities, social sciences and politics from the perspective of the concept of creation order. It is the second volume in a series that provides a unique and topical overview of attempts to assess the current health of the concept of creation order within Reformational philosophy when it is compared with other perspectives. Divided into a section on fundamental reflections and a section on normative practices, it discusses issues such as redemption, beauty, nature, love, justice, morality, and (...) ethics. It concludes with discussions on a practice-based theory to explain religion in international relations and a normative model for the practice of cooperation in development. This series reflects the role that the branch of Christian philosophy called ‘Reformational’ philosophy plays in the discussion on the status of laws of nature. Ever since its inception, almost a century ago, the concepts of order and law have been at the heart of this philosophy. One way to characterise this tradition is as a philosophy of creation order. Firmly rejecting both scholastic metaphysics and Deism, Reformational philosophers have maintained the notion of law as ‘holding’ for reality. Questions have arisen about the nature of such law: is it a religious or philosophical concept; does law just mean ‘orderliness’? How does it relate to laws of nature? Have they always existed or do they ‘emerge’ during the process of evolution? (shrink)

`Authority', `competence' and other related concepts are determined on the basis of the concept of law as a dynamic order of norms. The norms which regulate the processes of norm creation establish empowerments (Ermächtigungen). The material domain of validity of the empowering norm is called `competence'. The concept of `person' in relation to empowering norms yields the concepts of `organ' and `authority'. The spatial domain of the validity of these norms is the spatial or territorial jurisdiction. This paper analyses the (...) basic norm and its legal functions; it considers the irregularity of legal acts and norms, as well as the legal consequences thereof, namely nullity and annulment. Additionally, the Kelsenian `Tacit Alternative Clause' is criticized and a possible solution to the problem of irregular norms is offered through new definitions of the existence, validity and legitimacy of norms. (shrink)

Official documents, such as the Word Anti-Doping Code (WADC), argue that sport can be deemed a homogenous and unitary concept. Even where different sports have varying characteristics, the homogenous view of a given sport (‘a sport’ or ‘the sport’) persists. The WADC, international and national sport associations aim to protect the spirit of (the) sport. In this picture, the intersection of sporting integrity and legal processes occupies a vital place. The article will posit that, from a legal perspective sport is (...) heterogeneous due to its governance, regulation, adjudication, and enforcement structures. International and national associations, such as sport federations and leagues, have separate normative orders. These normative orders lead to differences in ensuring sporting integrity. A plural normative environment is inherent in sport; thus, we need to deal with it. The article will conclude that although harmonising norms and interpretations related to sporting integrity through national and global institutions may be acceptable, these must be achieved by promoting good governance and human rights. (shrink)

This article links three rarely considered dimensions related to the implementation of artificial intelligence (AI)-based technologies in the form of predictive policing and discusses them in relation to liberal democratic societies. The three dimensions are the theoretical embedding and the workings of AI within anomic conditions (1), potential normative disorders emerging from them in the form of thinking errors and discriminatory practices (2) as well as the consequences of these disorders on the psychosocial, and emotional level (3). Against this (...) background, AI-induced anomie is conceptualized as a field of tension that refers to a systematic deterioration of democratic norms that are supposed to create ‘normative orders’, but which, when implemented through AI-supported measures, can reproduce existing discriminations, and establish new kinds of discriminatory relations. In future, these AI-based measures have the potential to lead to opposing normative disorders by emerging in the form of false social norms to an equally false Second Nature. They deprive persons involved of the possibility of individual appropriation of social norms and the specific emotional development associated with it. (shrink)

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

Normative Externalism argues that it is not important that people live up to their own principles. What matters, in both ethics and epistemology, is that they live up to the correct principles: that they do the right thing, and that they believe rationally. This stance, that what matters are the correct principles, not one's own principles, has implications across ethics and epistemology. In ethics, it undermines the ideas that moral uncertainty should be treated just like factual uncertainty, that moral (...) ignorance frequently excuses moral wrongdoing, and that hypocrisy is a vice. In epistemology, it suggests we need new treatments of higher-order evidence, and of peer disagreement, and of circular reasoning, and the book suggests new approaches to each of these problems. Although the debates in ethics and in epistemology are often conducted separately, putting them in one place helps bring out their common themes. One common theme is that the view that one should live up to one's own principles looks less attractive when people have terrible principles, or when following their own principles would lead to riskier or more aggressive action than the correct principles. Another common theme is that asking people to live up to their principles leads to regresses. It can be hard to know what action or belief complies with one's principles. And now we can ask, in such a case should a person do what they think their principles require, or what their principles actually require? Both answers lead to problems, and the best way to avoid these problems is to simply say people should follow the correct principles. (shrink)

This book addresses conflicts involving how law relates normative orders. The assumption behind the book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow.

Problem: First-order scientific research is often not aware of the hidden assumptions provided by an epistemological perspective based upon realism. Beyond philosophical considerations about the epistemological foundations, some practical normative implications deriving from them are crucial: in the field of communication and media studies, some scholars criticize media coverage, e.g., on climate change, as biased and distorted from reality. Method: From a constructivist perspective, the article presents a detailed meta-analysis of the course of argumentation provided by two empirical communication (...) studies that follow an objectivist approach. Result: With the help of a second-order research strategy, it is possible to uncover their ontological assumptions and criticize their normative implications. Implications: Social scientists should be careful with normative suggestions for the system under study unless they are applied within these systems themselves. (shrink)

Social order is regulated from above by the law but its foundation is built on norms and customs, informal social practices that enable people to make meaningful and productive uses of their time and resources. Despite the importance of these practices in keeping the social fabric together, very little of the jurisprudential literature has focused on a discussion of these norms and customs. In Social Norms in a Wired World Steven Hetcher argues that the traditional conception of norms as rule-like (...) linguistic entities is erroneous. Instead, norms must be understood as patterns of rationally governed behaviour maintained in groups by acts of conformity. Using informal game theory in the analysis of norms and customs, Hetcher applies his theory of norms to tort law and Internet privacy laws. This book will appeal to students and professionals in law, philosophy, and political and social theory. (shrink)

One widely-endorsed argument in the experimental philosophy literature maintains that intuitive judgments are unreliable because they are influenced by the order in which thought experiments prompting those judgments are presented. Here, we explicitly state this argument from ordering effects and show that any plausible understanding of the argument leads to an untenable conclusion. First, we show that the normative principle is ambiguous. On one reading of the principle, the empirical observation is well-supported, but the normative principle is false. (...) On the other reading, the empirical observation has only weak support, and the normative principle, if correct, would impugn the reliability of deliberative reasoning, testimony, memory, and perception, since judgments in all these areas are sensitive to ordering in the relevant sense. We then reflect on what goes wrong with the argument. (shrink)

Spontaneous orders are an essential concept in political theory and political economy. Such orders entail the impossibility of predicting outcomes in detail and hence controlling and directing social processes. Many phenomena characterizing contemporary societies can be depicted as spontaneous orders, from the housing and financial markets to the evolution of norms and trends. Yet, it is well known that not every spontaneous order is beneficial. Therefore, what form of political framework is compatible with recognizing such orders? (...) In this article, I address this problem through the example of the work of Friedrich Hayek, a prominent liberal theorist of spontaneous orders. His work shows the necessity to theorize a government of spontaneous orders based on maximizing reasonable expectations and individual freedom. I finally emphasize what such a theory implies for political power, which is not abolished but should handle complexity appropriately. (shrink)

Norms provide a valuable mechanism for establishing coherent cooperative behaviour in decentralised systems in which there is no central authority. One of the most influential formulations of norm emergence was proposed by Axelrod :1095–1111, 1986). This paper provides an empirical analysis of aspects of Axelrod’s approach, by exploring some of the key assumptions made in previous evaluations of the model. We explore the dynamics of norm emergence and the occurrence of norm collapse when applying the model over extended durations. It (...) is this phenomenon of norm collapse that can motivate the emergence of a central authority to enforce laws and so preserve the norms, rather than relying on individuals to punish defection. Our findings identify characteristics that significantly influence norm establishment using Axelrod’s formulation, but are likely to be of importance for norm establishment more generally. Moreover, Axelrod’s model suffers from significant limitations in assuming that private strategies of individuals are available to others, and that agents are omniscient in being aware of all norm violations and punishments. Because this is an unreasonable expectation, the approach does not lend itself to modelling real-world systems such as online networks or electronic markets. In response, the paper proposes alternatives to Axelrod’s model, by replacing the evolutionary approach, enabling agents to learn, and by restricting the metapunishment of agents to cases where the original defection is observed, in order to be able to apply the model to real-world domains. This work can also help explain the formation of a “social contract” to legitimate enforcement by a central authority. (shrink)

Moral claims not only purport to be true, they also purport to guide our choices. This book presents a new theory of normative judgment, the "standard-based theory," which offers a schematic account of the truth conditions of normative propositions of all kinds, including moral propositions and propositions about reasons. The heart of Copp 's approach to moral propositions is a theory of the circumstances under which corresponding moral standards qualify as justified, the " society -centered theory." He argues (...) that because any society needs a social moral code in order to enable its members to live together successfully, and because it would be rational for a society to choose such a code, certain moral codes, and the standards they include, are justified. According to the standard-based theory then, if certain moral standards are indeed justified, corresponding moral propositions may be true. Copp 's approach to morality and explaining normativity and the truth conditions of moral claims, raises a number of important issues in moral theory, as well as in metaphysics and the philosophy of language. (shrink)