In this article I assess the prospects for a particular kind of resolution to Moore’s Paradox. It is that Moore’s Paradox is explained by the existence of a constitutive norm on belief. I focus on a constitutive norm relates that relates belief to knowledge. I develop this explanation. I then present a challenge to it. Norm-based explanations of Moore’s Paradox must appeal to a ‘linking principle’ that explains what is wrong with violating the constitutive norm. But it (...) is difficult to articulate a plausible candidate linking-principle. I show this by canvassing the obvious candidates and articulating the problems with each. (shrink)

Another paper exploring the relation between Temporal externalism and Epistemicism about Vagueness, but with slightly more emphasis on the role of constitutive norms relating to our concept of truth.

Ratio Juris, Volume 35, Issue 2, Page 99-122, June 2022.

In this article I introduce constitutive norm accounts of assertion, and then give three arguments for giving up on the constitutive norm project. First I begin with an updated version of MacFarlane’s Boogling argument. My second argument is that the ‘overriding response’ that constitutive norm theorists offer to putative counterexamples is unpersuasive and dialectically risky. Third and finally, I suggest that constitutive norm theorists, in appealing to the analogy of games, actually undermine their case that they (...) can make sense of assertions that fail to follow their putative constitutive norm. These considerations, I suggest, together show that the constitutive norm project founders not because any single norm is not descriptively correct of our assertion practices, but rather, because giving a constitutive norm as the definition of assertion alone is insufficient. (shrink)

RESUMEN El objeto de este trabajo es, por un lado, recopilar los principales estudios teóricos y filosóficos que han servido para diferenciar entre reglas regulativas y reglas constitutivas y, por otro, realizar una revisión de dichas propuestas para efectos de cuestionar la posibilidad de una distinción tajante entre ambos tipos de reglas. La primera parte del texto corresponde a una exposición de los postulados de los autores enunciados. En seguida, se formulan cuestionamientos a los criterios que se advierten en el (...) apartado precedente. Finalmente, se expone la viabilidad de una distinción concluyente entre ambos tipos de reglas. ABSTRACT The aim of this article is, on the one hand, to compile the main theoretical and philosophical studies that has been used to differentiate between regulative norms and constitutive norms, and on the other hand, to make a review of these proposals to question the possibility of a sharp distinction between both types of rules. The first part of this work is an exposition of the postulates of the mentioned authors. The second part of the text introduces questions against the criteria noted in the previous section. Finally, the feasibility of a conclusive distinction between both types of rules is exposed. (shrink)

I can, given the right conditions, transmit my knowledge to you by telling you some information. If I know the time, and if all goes well, I can bring it about that you know it too. If conditions are right, all I have to do is assert to you what time it is. Paradigmatically, speakers use assertions to transmit what they know to their hearers. Clearly, assertion and testimony are tightly connected. The nature of this connection, however, is not so (...) clear. According to many accounts, assertion has an epistemic constitutive norm. This norm appears to be able to account for some important features of testimony: first, testimonial knowledge transmission, second, the reliability of testimony, and third, the epistemic rights exchanged in cases of testimony. In this paper, however, I argue against this apparent ability. The constitutive norm of assertion, I argue, plays no role in accounts of testimonial knowledge transmission, or of the epistemic rights that testimony confers. This is especially clear whe.. (shrink)

Alston, Searle, and Williamson advocate the restrictive model of assertion , according to which certain constitutive assertoric norms restrict which propositions one may assert. Sellars and Brandom advocate the dialectical model of assertion , which treats assertion as constituted by its role in the game of giving and asking for reasons. Sellars and Brandom develop a restrictive version of the dialectical model. I explore a non-restrictive version of the dialectical model. On such a view, constitutive assertoric (...) class='Hi'>norms constrain how one must react if an interlocutor challenges one's assertion, but they do not constrain what one should assert in the first place. I argue that the non-restrictive dialectical perspective can accommodate various linguistic phenomena commonly taken to support the restrictive model. 1. (shrink)

My aim in this paper is to provide a conceptual elucidation of the notion of constitutive normativity, which is central to Constitutivism as a first-order theory of agency, as well as to its metanormative ambitions. After introducing and clarifying the origins and scope of Constitutivism (Section 2), I focus on Christine M. Korsgaard’s version thereof (Section 3), which provides an explicit articulation of the notion of constitutive norms. Despite Korsgaard’s explicit acknowledgement that the concepts of action and (...) agency come in degree, one problematic consequence of her account is the tension between the simultaneously descriptive and normative character of constitutive norms (their double nature), and another component of Korsgaard’s constitutivist account (her Authorship View). Cases of a specific variety of “disorders of agency” are used to show that while an agent’s individual actions might fail to display Korsgaard’s required pattern of consistency, self-reflection, and self-unification (and often, morality), her agency does not fade nor is disrupted (Section 4). After discussing those cases, I suggest that Korsgaard’s acknowledgement that the notions of action and agency come in degree and her relational notion of responsibility be strengthened via the adoption of a thorough interactionist and scalar approach. While for Korsgaard the constitutive norms governing agency amount to the norms governing practical reasoning and morality, I contend that the constitutive normativity pertaining to human agency is not ‘homogeneous’ in kind: there are more norms governing agency than just the norms for practical reasoning—and, in particular, that agency necessarily involves social norms distinct from any notion of practical reasoning. I draw on a theoretical framework on the metaphysics of normativity developed within the philosophy of biology to distinguish two varieties of constitutive normativity (socially-generated and non-practice-based) (Section 5), and provide a preliminary articulation of the socially-generated constitutive normativity inspired by the speech-act-theoretical account of the performative dimension of language (Section 6). (shrink)

This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to complete the legal (...) fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyès' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu). (shrink)

This paper defends the normativity of meaning thesis by clearing up a misunderstanding about what the thesis amounts to. The misunderstanding is that according to it, failing to use an expression in accordance with the norms which constitute its meaning amounts to changing the expression’s meaning. If this was what the thesis claimed, then it would indeed be easy to show that meaning norms do not yield prescriptions and cannot be followed. However, there is another reading: what is (...) constitutive of meaning is not the norm’s being followed, but the norm’s being applicable. On this reading, some standard arguments against the thesis lose their force. After discussing the alternative reading and its consequences, the paper goes on to sketch a model of how norms of meaning become applicable in the first place. This model supports the view that talk of meaning has its pragmatic home in contexts of linguistic calibration. (shrink)

Kantian constitutivists, like Velleman and Korsgaard, argue that there are norms internal to individual agency. Yet as Gilbert and others have argued there may be norms internal to shared agency as well. Might political principles of justice be norms of this second kind? I turn to the history of philosophy for an answer, focusing on Rousseau’s classic work the Social Contract. Rousseau is much better known as a social contract theorist – but I argue that he is (...) also a constitutivist about group agency. This means he is a thinker for whom success or failure in realizing the demands of justice is nothing other than success or failure in acting together. Unjust regimes, e.g. despotic ones, are ones whose members fail to genuinely act together. Interpretively, this approach has the advantage of explaining away the appearance of totalitarian tendencies in Rousseau’s thinking (‘the general will is always right’). Philosophically, it has the advantage of revealing in Rousseau’s writings what I believe is a unique type of social contract theory, resolutely non-hypothetical and normatively robust. In the closing sections, I revisit the oft-raised question of Rousseau’s relation to Rawls in light of the interpretation of the former proposed here. (shrink)

This article offers a detailed textual reexamination of the ‘family resemblance’ passages to reconsider their implications for understanding art. The reassessment takes into account their broader context in the Philosophical Investigations, including the rule following considerations, and draws on a realist interpretive framework associated principally with the work of Cavell, Diamond, McDowell, and Putnam. Wittgensteinian “realism with a human face” helps us discern that the primary issue is not whether certain concepts are definable, posing a stark opposition between essentialism and (...) its denial about kinds such as language or games. What is at issue is keeping uses of language in view in their variety and their broader life contexts. Focus on rules suggests more broadly that norms and values inhere in practices and play a constitutive role in determining the entities integral to those practices. From this perspective, a Wittgensteinian framework explains art as locally overlapping practices, each with their own constitutive norms and values for the works integral to them. What makes something art has normative force specific to a practice. This recognizes the historically contingent nature of art practices in a way that relational definitions or disjunctive ‘cluster’ explanations do not. (shrink)

The main goal of this paper is to show that politics constitutes a normative domain of its own. To this, a concept of political value that explains why the politically good provides reasons for actions is indispensable. I shape this concept by adopting the framework of political minimalism and developing one of its central tenets, namely, that politics, as a constitutively normative practice, specifies objective standards for evaluating political phenomena. I characterize the notion of political value in these terms to (...) offer a non-moralist foundation for political normativity. In this endeavor, the work of Bernard Williams plays two opposing roles: while his metapolitical ideas exemplify the shortcomings of substantialist accounts of political normativity, his criticism of the morality system and his conception of practical rationality as all-things-considered practical deliberation are fundamental, to the point that the conception of political normativity endorsed here can be seen as an extension of Williams’ ideas on normativity in general. Finally, I draw some consequences from this account of political minimalism to show that this conception of political normativity can hardly be considered a variety of political realism. (shrink)

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

In this paper I advance a constitutive argument for the authority of rational norms. Because accountability to reasons is constitutive of rational agency and rational norms are implicit in reasons for action and belief, the justification of rational norms is of a piece with the practice of reasoning. Peter Railton has objected that the constitutive view fails to defend the categorical authority of reason over agents. I respond to his objections, arguing that they presuppose (...) a foundationalist conception of justification that demands a ground for reason's authority outside of the practice of reasoning. (shrink)

In what sense is the U.S. Constitution binding on contemporary and future generations of Americans? This question was at stake in the fights over the nominations of Robert Bork and Clarence Thomas to the Supreme Court and in the extensive debate over 'original intent' carried on by Attorney General Edwin Meese and Chief Justice William Rehnquist, among others. This collection brings together ten leading philosophers, legal scholars, and political scientists representing a spectrum of opinions.

Modern constitutional rights law is often criticised for delineating rights too broadly while resolving their regular conflicts with competing considerations through open-ended balancing procedures. A basic theme underlying criticisms of this expansionist trend is that it expresses utilitarian ideas, foreign to the domain of rights. This article replies to two main critiques: that rights can only extend to cases in which they defeat all competing considerations; and that conflicts involving rights should be resolved with categorial rules. The article builds on (...) contractualist moral theory and the interest theory of rights to present an account of constitutional rights as relational value-based reasons to recognise duties. This account goes beyond central justifications of the expansionist trend, that erode the action-guiding and relational aspects of constitutional rights. It shows that including in their scopes defeasible reasons is not only conceptually possible but also morally desirable as it can better realise their underlying values by providing systematic guidance to state agents as part of the basic structure of society; and that while rights-based duties are peremptory and categorical, constitutional rights-based reasons for regulation invite a dynamic and incremental comparison of claims on a social scale, of the kind that proportionality analysis structures. (shrink)

According to an influential hypothesis, the speech act of assertion is subject to a single 'constitutive' rule, that takes the form: "One must: assert that p only if p has C". Scholars working on assertion interpret the assumption that this rule is 'constitutive' in different ways. This disagreement, often unacknowledged, threatens the foundations of the philosophical debate on assertion. This paper reviews different interpretations of the claim that assertion is governed by a constitutive rule. It argues that (...) once we understand the full import of assuming that assertion is governed by a constitutive rule, it becomes clear that some fundamental assumptions of the current debate are mistaken, and others unwarranted. (shrink)

This piece criticizes traditional formal and procedural conceptions of democracy, which fail to account for the development of contemporary constitutional democracy. The latter is characterized by a substantive dimension with respect to the content of the decisions taken through the democratic process. The validity of such decision is conditioned by the respect and actualization of fundamental rights, which are established by the constitution. The limits and constraints established by the constitution require juridical science to play a critical and programmatic role (...) vis - à - vis the ‘unlawful’ exercise of public powers, when these enter in contrast with the limits imposed by the constitution. (shrink)

This two-part paper reviews a scholarly debate on an alleged tension in Frege ’s philosophy of logic. In Section 1 of Part I, I discuss Frege ’s view that logic is concerned with establishing norms for correct thinking and is therefore a normative science. In Section 2, I explore a different understanding of the role of logic that Frege seems to advance: logic is constitutive of the very possibility of thought, because it sets forth necessary conditions for thought. (...) Hence, the tension the view according to which logic is normative for thought seems to be incompatible with the idea that abiding by the laws of logic forms a precondition for thought. In Section 1 of Part II, I survey a number of interpretations of Frege ’s conception of logic that deal with this question. I show that they are for the most part either normative readings or constitutive readings. Finally, in Section 2, I adjudicate the debate and aim at reconciling the normative and the constitutive strands in Frege ’s conception of logic. (shrink)

Formal arguments are often represented by pairs, but in this paper we consider normative arguments represented by sequences of triples, where constitutive norms derive institutional facts from brute facts, and regulative norms derive deontic facts like obligations and permissions from institutional facts. The institutional facts may be seen as the reasons explaining or warranting the deontic obligations and permissions, and therefore they can be attacked by other normative arguments too. We represent different aspects of normative reasoning by (...) different kinds of consistency checks among these triples, and we use formal argumentation theory to resolve conflicts among such normative arguments. In particular, we introduce various requirements for arguing about norms concerning violations, contrary-to-duty obligations, dilemmas, conflict resolution and different kinds of norms, and we introduce a formal argumentation theory satisfying the requirements. In order to illustrate our framework, we introduce a running example based on university regulations for prospective and actual students. (shrink)

This article examines the role of normative hierarchies in constitutional argumentation. A threefold distinction between formal, material, and axiological hierarchy is employed. The correlative concepts of formal validity, material validity, and applicability are also briefly described. Within this framework, four cases are analysed: Decisions 1146/1988 and 10/2010 of the Italian Constitutional Court, and Kadi I and Opinion 2/2013 of the Court of Justice of the European Union. As a result, it is argued that axiological hierarchies are frequently used to reshape (...) certain fundamental legal arrangements, namely, the hierarchy of sources (Decision 1146/1988 and Kadi), competence clauses (Decision 10/2010), and interpretive methodologies (Opinion 2/13). (shrink)

This two-part paper reviews a scholarly debate on an alleged tension in Frege's philosophy of logic. In Section 1 of Part I, I discuss Frege's view that logic is concerned with establishing norms for correct thinking and is therefore a normative science. In Section 2, I explore a different understanding of the role of logic that Frege seems to advance: logic is constitutive of the very possibility of thought, because it sets forth necessary conditions for thought. Hence, the (...) tension the view according to which logic is normative for thought seems to be incompatible with the idea that abiding by the laws of logic forms a precondition for thought. In Section 1 of Part II, I survey a number of interpretations of Frege's conception of logic that deal with this question. I show that they are for the most part either normative readings (emphasising the former understanding of the nature of logic) or constitutive readings (emphasising the latter). Finally, in Section 2, I adjudicate the debate and aim at reconciling the normative and the constitutive strands in Frege's conception of logic. (shrink)

An experimental paradigm that purports to test young children’s understanding of social norms is examined. The paradigm models norms on Searle’s notion of a constitutive rule. The experiments and the reasons provided for their design are discussed. It is argued that the experiments do not provide direct evidence about the development of social norms and that the concepts of a social norm and constitutive rule are distinct. The experimental data are re-interpreted, and suggestions for how (...) to deal with the present criticism are presented that do not require abandoning the paradigm as such. Then the conception of normativity that underlies the experimental paradigm is rejected and an alternative view is put forward. It is argued that normativity emerges from interaction and engagement, and that learning to comply with social norms involves understanding the distinction between their content, enforcement, and acceptance. As opposed to rule-based accounts that picture the development of an understanding of social norms as one-directional and based in enforcement, the present view emphasizes that normativity is situated, reciprocal, and interactive. (shrink)

I defend the claim that in psychological theories concerned with theoretical or practical rationality there is a constitutive relation between normative and descriptive theories: Normative theories provide idealized descriptive accounts of rational agents. However, we need to resist the temptation to collapse descriptive theories with any specific normative theory. I show how a partial separation is possible.

A common objection raised against naturalism is that a naturalized epistemology cannot account for the essential normative character of epistemology. Following an analysis of different ways in which this charge could be understood, it will be argued that either epistemology is not normative in the relevant sense, or if it is, then in a way which a naturalized epistemology can account for with an instrumental and hypothetical model of normativity. Naturalism is here captured by the two doctrines of empiricism and (...) gradualism. Epistemology is a descriptive discipline about what knowledge is and under what conditions a knowledge-claim is justified. However, we can choose to adopt a standard of justification and by doing so be evaluated by it. In this sense our epistemic practices have a normative character, but this is a form of normativity a naturalized epistemology can make room for. The normativity objection thus fails. However, in the course of this discussion, as yet another attempt to clarify the normativity objection, such a naturalistic model will be contrasted with Donald Davidson’s theory of interpretation. Even though this comparison will not improve upon the negative verdict upon the original objection, it will be argued that naturalism cannot accept Davidson’s theory since it contains at least one constitutive principle – the principle of charity – whose epistemic status is incompatible with the naturalistic doctrine of gradualism. So, if this principle has this role, then epistemology cannot be naturalized. (shrink)

Does transparency in doxastic deliberation entail a constitutive norm of correctness governing belief, as Shah and Velleman argue? No, because this presupposes an implausibly strong relation between normative judgements and motivation from such judgements, ignores our interest in truth, and cannot explain why we pay different attention to how much justification we have for our beliefs in different contexts. An alternative account of transparency is available: transparency can be explained by the aim one necessarily adopts in deliberating about whether (...) to believe that p. To show this, I reconsider the role of the concept of belief in doxastic deliberation, and I defuse 'the teleologian's dilemma'. (shrink)

There is a fairly widespread—and very infl uential—hope among philosophers interested in the status of normativity that the solution to our metaethical and, more generally, metanormative problems will emerge from the philosophy of action. In this essay, I will argue that these hopes are groundless. I will focus on the metanormative hope, but—as will become clear—showing that the solution to our metanormative problems will not come from what is constitutive of action will also devastate the hope of gaining significant (...) insight into first-order, normative truths by focusing on what is constitutive of action. (shrink)

This article draws on Husserl’s manuscripts from the 1920s and 1930s (especially on the as-yet unpublished D-manuscripts), arguing that each concrete experience is governed by an irreducible tension between two intersecting normative dimensions: primordial and intersubjective. Husserl’s ideas of normality and normativity have gained a lot of attention in recent years, but the normative aspects of primordial constitution have not been properly taken into account. By arguing for the “normative tension” between the primordial and the intersubjective, this article contributes to (...) filling in this lack. By doing so, it sheds new light on the debate concerning the relationship between genetic and generative phenomenology, challenging interpretations that exclusively render either the genetic-primordial or the generative-intersubjective as the constitutive absolute. (shrink)

Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 16 Heft: 1 Seiten: 41-64.

I argue that the debates over which norm constitutes assertion can be abandoned by challenging the three main motivations for a constitutive norm. The first motivation is the alleged analogy between language and games. The second motivation is the intuition that some assertions are worthy of criticism. The third is the discursive responsibilities incurred by asserting. I demonstrate that none of these offer good reasons to believe in a constitutive norm of assertion, as such a norm is understood (...) in the literature. Others who have made similar arguments conclude that assertion does not exist at all—that there is no such thing as assertion. I disagree: we do not have to relinquish the category of assertion just because it is not normatively constituted. There are alternative ways to understand and individuate assertion that do not rely on a constitutive norm. (shrink)

This paper explores the relationship between normative international political theory and the politics of international law. It begins by arguing that a gap between the normative (in moral terms) and the moral (in legal and social terms) still exists in the literature before going on to examine an approach to closing this gap. This approach, it is argued, is common to a plurality of theoretical approaches including liberal cosmopolitanism, social constructivism and forms of particularism. In exploring ‘institutional moral reasoning’ or (...) ‘social moral epistemology’ the paper argues that respecting the institutional autonomy of the international legal order is a key component of the approach. In order to test the extent to which the various positions do respect the autonomy of the legal order the paper engages with an analysis of the extent to which human rights have become the key constitutive norm of global politics. (shrink)

In this paper, I propose a new way of understanding the space of possibilities in the field of mental content. The resulting map assigns separate locations to theories of content that have generally been lumped together on the more traditional map. Conversely, it clusters together some theories of content that have typically been regarded as occupying opposite poles. I make my points concrete by developing a taxonomy of theories of mental content, but the main points of the paper concern not (...) merely how to classify, but how to understand, the theories. Also, though the paper takes theories of mental content as a case study, much of the discussion is applicable to theories of other phenomena. To a first approximation, the difference between the traditional and the proposed taxonomies turns on whether we classify theories of content by, on the one hand, their implications for a non-redundant supervenience base for content facts (i.e., for facts about what contents thoughts have) or, on the other, by their constitutive accounts of content. By a "constitutive account," I mean the kind of elucidation of the nature of a phenomenon that theorists have tried to give for, for example, knowledge, justice, personal identity, consciousness, convention, heat, and limit. The tendency to taxonomize by supervenience base is encouraged, I suggest, by a failure to keep clearly in view a distinction between constitutive and modal determination. Many philosophers would accept that a constitutive account cannot be captured in purely modal terms. Giving a constitutive account is not the same as specifying modally necessary and sufficient conditions. Nevertheless, philosophers often try to cash constitutive claims in modal terms. A case in point is that theories of content tend to be conceptualized in terms of the theories' implications for a supervenience base for content facts. My thesis goes beyond the by-now somewhat familiar proposition that not all modal determinants of a phenomenon are constitutive determinants. One who has taken that point on board might nevertheless conceive of a philosophical account as an attempt to specify constitutive determinants of the target phenomenon that make up a non-redundant supervenience base for the phenomenon. Shoehorning a philosophical account into this form leaves out elements that are modally redundant, but may be explanatorily or ontologically significant. For example, when a constitutive account has multiple levels, the different levels will typically be modally redundant. Formulating the account as a specification of a supervenience base of constitutive determinants will therefore flatten the account into a single level. Many of my arguments can be illustrated by considering the place of normativity in the theory of content. The new taxonomy gives a distinct niche to normative theories of content - theories that explain a thought's having a certain content at least in part in terms of the obtaining of normative facts. By contrast, on a traditional map, normative theories are invisible as such because normative facts supervene on non-normative ones. (shrink)

ABSTRACT In this paper, I analyse Rahel Jaeggi’s socio-ontological account of forms of life. I show that her framework is a two-sided one, since it involves an understanding of forms of life both as inert bundles of practices and as having a normative structure. Here I argue that this approach is based on an a priori argument which assumes normativity as the condition of intelligibility of social criticism. I show that the intimate tension between these two sides is reflected in (...) the socio-ontological model of the constitution of social phenomena, which on the one side is understood in terms of habituation and materialization, and on the other side in terms of constitution through norms. The second side in the end prevails and leads to some sort of normative essentialism which involves a prescriptive meta-theoretical understanding of normativity combined with a socio-ontological model of constitutive rules. I then analyse two arguments that Jaeggi offers in support of her assumption that normative constitution is the deep structure of social practices. I name these the functional-teleological argument, and the crisis developmental argument, and argue that neither succeeds in proving that practices are not normatively underdetermined. (shrink)

Proponents of natural normativity maintain that the moral evaluation of human beings shares a certain common conceptual pattern with the evaluation of other living things. The adequacy of this analogy has been challenged, with opponents arguing that because humans are rational, there is a gap between what is natural and what is normative for humans. Rational creatures, the argument goes, are importantly different from non-rational living things in that reason includes the ability to step back from what is natural and (...) ask whether it is good that our nature is constituted as it is. Micah Lott has attempted a response to this challenge. After evaluating his proposal, I offer a reply that attempts to resolve an important dilemma, namely, that the naturalist either lacks a satisfying response to the authority-of-nature challenge or is forced to abandon naturalism. (shrink)

Recently, Christine Bratu and Mortiz Dittmeyer have argued that Christine Korsgaard’s constitutive project fails to establish the normativity of practical principles because it fails to show why a principle’s being constitutive of a practice shows that one ought to conform to that principle. They argue that in many cases a principle’s being constitutive of a practice has no bearing on whether one ought to conform to it. In this paper I argue that Bratu and Dittmeyer’s argument fails (...) in three important respects. First, they fail to recognize the ways in which Korsgaard’s neo-Kantian view departs from more orthodox Kantian views. Second, they fail to recognize the respect in which Korsgaard’s view is a version of moral rationalism. Third, they overlook an important scope ambiguity in an important premise of their argument. A sensible way of resolving this ambiguity gives the constitutivist a reasonable response. (shrink)

This study addresses the question of normative analysis of the value‐based aspects of nursing. In our perspective, values in science may be distinguished into (i) epistemic when related to the goals of truth and objectivity and (ii) non‐epistemic when related to social, cultural or political aspects. Furthermore, values can be called constitutive when necessary for a scientific enterprise, or contextual when contingently associated with science. Analysis of the roles of the various forms of values and models of knowledge translation (...) provides the ground to understand the specific role of values in nursing. A conceptual framework has been built to classify some of the classical perspectives on nursing knowledge and to examine the relationships between values and different forms of knowledge in nursing. It follows that adopting a normative perspective in the analysis of nursing knowledge provides key elements to identify its proper dimension. (shrink)

Ideas from Wittgenstein are developed to provide suggestions about how both the nature and acquisition of normative cognition in the cognitive science of religion might be understood. As part of this there is some consideration of more general issues about the nature and status of claims in the cognitive science of religion and of appropriate methodologies for the cognitive study of religion. The gaining, production, distribution and implementation of social concepts and norms involves the possession of certain cognitive skills (...) and the ability to use symbols, concepts and norms as normative cognitive tools. Normative cognition is connected to social facts which are construed in Searle’s sense as being any facts involving collective intentionality. For example, socially shared belief systems which are concerned with the ideological bases for the distribution and exercise of power are large systems of social facts whose functions involve the generation of norms. Social facts can be included in Wittgenstein’s account of meaning being socially constructed by a community of language users. Such inclusion enables his ideas, especially those from On Certainty about world pictures, to be usefully employed to clarify the ontological and epistemological status of social facts in a way which does not involve reification along with articulating their significance for normative cognition. World pictures include social facts with socially shared belief systems being a significant constitutive element. (shrink)

This paper asks whether an individual or a political community (henceforth: 'constitutional community') ever incurs moral responsibility for the requirements made by the norms of their constitution. We argue, first, that any constitutional community bears collective moral responsibility for those requirements. We reach this thesis by showing that (i) a constitutional community is a group which can take collective actions attributable to the group as a whole, and (ii) any given set of constitutional norms is the outcome of (...) such collective action. We argue, second, that ordinary citizens of constitutional communities can, in normal circumstances, bear individual moral responsibility for such norms. We reach this second thesis by showing that an average citizen bears individual responsibility for the direct outcome of her polity's collective action whenever she both (1) contributes to the collective action where she need not fear serious reprisals for not contributing, and (2) supports and reflectively endorses the outcome. (shrink)

The paper focuses on the modal argument that accounts of assertion in terms of constitutive norms are incompatible with conventionalism about assertion. The argument appeals to an alleged modal asymmetry: constitutive rules are essential to the acts they characterize, and therefore the obligations they impose necessarily apply to every instance; conventions are arbitrary, and thus can only contingently regulate the practices they establish. The paper argues that this line of reasoning fails to establish any modal asymmetry, by (...) invoking the distinction between the non-discriminating existence across possible worlds of types (practices, institutions) defined by constitutive rules, and the discriminating existence of those among them that are actually in force. The necessity of practices defined by constitutive rules that the argument relies on concerns the former, while conventionalist claims concern the latter. The paper concludes suggesting considerations that are relevant to deciding whether assertion is in fact conventional. (shrink)

This paper addresses an important but relatively unexplored question about the relationship between conceptual ethics and other philosophical inquiry: how does the epistemology of conceptual ethics relate to the epistemology of other, more “traditional” forms of philosophical inquiry? This paper takes as its foil the optimistic thought that the epistemology of conceptual ethics will be easier and less mysterious than relevant “traditional” philosophical inquiry. We argue against this foil by focusing on the fact that that conceptual ethics is a form (...) of normative inquiry. Because of the epistemic difficulties that face normative inquiry, we should not expect conceptual ethics to constitute an epistemic panacea. Instead, although the epistemological upshots can vary from case to case, there are systematic reasons why this shift may exacerbate, rather than mitigate, the epistemic difficulties we face in pursuing philosophical inquiry. (shrink)