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

The central claim of normative pragmatism is that intentional states can be explained in terms of participation in practices. My aim in this paper is not so much to defend this claim as to rearticulate it in a different medium: the medium of computation. I describe two computer programs in which this claim is re-expressed. The first is the latest version of THE SIMS, in which participation in practices enables the Sims to do and understand more. The second is a (...) prototype simulation of philosophical debate. In this second program, normative pragmatism is expressed at two different levels: once as the theory powering the implementation, and once as a set of claims which are debated by the simulated philosophers. Here, a philosophical theory is used to implement a system in which that very same theory is articulated, challenged, and justified. (shrink)

The concept of dignity figures prominently in legal and moral discussion on such topics as human rights, euthanasia, abortion, and criminal punishment. Yet the notion has been criticized for being indeterminate and either insufficient or redundant (or both) in justifying the kinds of legal and moral rights and views its proponents use it to vindicate. The criticisms have inspired some novel conceptions of dignity. One of them is Tarunabh Khaitan’s proposal that dignity should be understood as an expressive norm. (...) In this article, I assess Khaitan’s suggestion. I maintain that it faces two challenges that its advocates should be able to solve for the proposal to be plausible. (shrink)

En matière de liberté d’expression, les normes de forme sont celles, sociales ou juridiques, qui, sans égard au contenu du discours, encadrent les moyens employés pour se faire entendre. L’analyse partira d’un cas spécifique de violation de ces normes : les actes expressifs illégaux, infractions que leurs auteurs présentent comme un exercice de leur liberté d’expression, quoiqu’ils enfreignent la légalité. Que ces infractions soient le plus souvent le fait de voix minoritaires conduit à examiner le lien entre normes de forme (...) et asymétries de pouvoir entre locuteurs sur le « marché des idées », et à proposer un assouplissement des normes de forme au bénéfice des discours minoritaires, tout en soulignant les difficultés de sa mise en œuvre juridique. (shrink)

Do professional ethicists behave any morally better than other professors do? Do they show any greater consistency between their normative attitudes and their behavior? In response to a survey question, a large majority of professors (83 percent of ethicists, 83 percent of nonethicist philosophers, and 85 percent of nonphilosophers) expressed the view that “not consistently responding to student e-mails” is morally bad. A similarly large majority of professors claimed to respond to at least 95 percent of student e-mails. These professors, (...) and others, were sent three e-mails designed to look like queries from students. Ethicists’ e-mail response rates were not significantly different from the other two groups’. Expressed normative view correlated with self-estimated rate of e-mail responsiveness, especially among the ethicists. Empirically measured e-mail responsiveness, however, was at best weakly correlated with self-estimated e-mail responsiveness; and professors’ expressed normative attitude was not significantly correlated with empirically measured e-mail responsiveness for any of the three groups. (shrink)

Do philosophy professors specializing in ethics behave, on average, any morally better than do other professors? If not, do they at least behave more consistently with their expressed values? These questions have never been systematically studied. We examine the self-reported moral attitudes and moral behavior of 198 ethics professors, 208 non-ethicist philosophers, and 167 professors in departments other than philosophy on eight moral issues: academic society membership, voting, staying in touch with one's mother, vegetarianism, organ and blood donation, responsiveness to (...) student emails, charitable giving, and honesty in responding to survey questionnaires. On some issues, we also had direct behavioral measures that we could compare with the self-reports. Ethicists expressed somewhat more stringent normative attitudes on some issues, such as vegetarianism and charitable donation. However, on no issue did ethicists show unequivocally better behavior than the two comparison groups. Our findings on attitude-behavior consistency were mixed: ethicists showed the strongest relationship between behavior and expressed moral attitude regarding voting but the weakest regarding charitable donation. We discuss implications for several models of the relationship between philosophical reflection and real-world moral behavior. (shrink)

In this paper I tackle the normative re-appropriation of the legacy of Charles Taylor's expressivist understanding of Hegel's theory of action. I argue that a normative understanding of Hegel's expressivist notion of agency by interpreters such as Robert Pippin, Terry Pinkard, Michael Quante and Robert Brandom, has been obtained at the price of losing sight of the principle of embodiment and of its relevance for our and Hegel's understanding of social action. I aim at relocating Hegel's notion of expressive (...) embodiment at the core of his explanation of action. Rather than following Taylor's hermeneutical reconstruction of the principle of embodiment, I try to reconstruct it by putting at its core the notion of habit formation with the help of conceptual tools taken from contemporary embodied cognition approaches. I first discuss theAnthropologyand argue that habit, understood as a sensorimotor embodied life form, is not only an enabling condition for agency, but in fact an ontological constitutive condition for all its levels of manifestation. According to this reading, the Hegelian approach to embodiment offers a model that not only assigns to habit a positive constitutive role in the formation of human mindedness, but also overcomes the dualism between habitual motor routine and intentional activities. If we approach Hegel's understanding of agency from this vantage point, we can gain a perspective which allows us to appreciate a naturalist strand of Hegel's expressivism about action and to free it from certain basic anti-naturalistic assumptions of contemporary normative expressivist interpretations of Hegel on social action. (shrink)

ABSTRACT This article synthesizes several different studies of Hegel's and Nietzsche's expressive conceptions of action and agency and identifies a related account in Deleuze's Logic of Sense. It argues that such conceptions not only challenge familiar voluntarist accounts of action and agency; they also demand a reassessment of standard approaches to the relation between norms and action. For the voluntarist, an agent's action is caused by the separate, prior intention of the agent. For expressivists, an agent's intention is (...) inseparable from the action expressing it and nonisolatable from the expression of this intention-action in interpretative activity. For the voluntarist, the norms governing action can be thought of as more or less freestanding, entering into the prior formation of the agent's intention. For the expressivist, the norm or principle on which an agent acts will be produced over time, through the unfolding of the action expressing it, as well as through interpretative struggle over the meaning of that action, all of which takes place in a social space governed by more basic norms concerning the offering of act-descriptions, recognition, and social and hermeneutical struggle. A number of important differences among Hegel's, Nietzsche's, and Deleuze's accounts are identified, and their significance is explored. (shrink)

In this paper, I offer a detailed critical reading of Robert Brandom’s project to give an expressive bootstrapping account of intentionality, cashed out as a normative-phenomenalist account of what I will call genuine normativity. I claim that there is a reading of Making It Explicit that evades the predominant charges of either reductionism or circularity. However, making sense of Brandom’s book in the way proposed here involves correcting Brandom’s own general account of what he is doing in it, and (...) thus presenting the argumentative structure of Making It Explicit in a new light. (shrink)

The notion of a correct appreciation of nature, like the one put forward in Carlson’s environmental account, has been rejected by many other authors in the aesthetics of the natural environment. Their critics challenge the idea that only scientific cat- egories can ground the aesthetic appreciation of nature as nature, and they hold that there is not a correct way of appreciating nature. However, they may share with Carlson the idea of correctness under an objectivist paradigm of aesthetic appreciation, according (...) to which correctness means the adequation of the experi- ence to properties of the object. My aim in the article is to claim that it is necessary to endorse an aesthetic standard of correctness that takes into consideration the subjective character of aesthetic appreciation. An aesthetic standard of correct- ness implies universal assent, or validity for everyone in Kantian terms, in place of an objectivist notion. This notion of correctness permits the inclusion of expressive perception of nature as an essential form of aesthetic appreciation. (shrink)

Jason Brennan and Peter Jaworski reject expressive objections to markets on the grounds that market symbolism is culturally contingent, and contingent cultural symbols are less important than the benefits markets offer. I grant and, but I deny that these points suffice as grounds to dismiss expressive critiques of markets. For many plausible expressive critiques of markets are not symbolic critiques at all. Rather, they are critiques grounded in the idea that some market transactions embody morally inappropriate normative (...) stances toward the goods or services on offer. (shrink)

My aim in this paper is to examine Mitchell S. Green’s notion of self-expression and the role it plays in his model of illocutionary communication. The paper is organized into three parts. In Section 2, after discussing Green’s notions of illocutionary speaker meaning and self-expression, I consider the contribution that self-expression makes to the mechanisms of intentional communication; in particular, I introduce the notion of proto-illocutionary speaker meaning and argue that it is necessary to account for acts overtly showing general (...) commitments that are not ‘marked’ as being specific to one or another illocutionary force. In Section 3, I focus on Green’s account of expressive norms and argue that their function is to stabilize rather than constitute the structure of illocutionary signaling systems; moreover, I examine critically Green’s idea according to which expressive norms enable us to indicate the force of our speech acts and suggest that they play a key role in the mechanisms for epistemic vigilance. Finally, in Section 4, I elaborate on the idea of discourse-constituted thoughts—or, in other words, thoughts that ex- ist in virtue of being expressed in making certain conversation-bound speech acts—and use it to develop a more comprehensive model of the expressive dimension of speech acts. (shrink)

Much contemporary thinking about language is animated by the idea that the core function of language is to represent how the world is and that therefore the notion of representation should play a fundamental explanatory role in any explanation of language and language use. Leading thinkers in the field explore various ways this idea may be challenged as well as obstacles to developing various forms of anti-representationalism. Particular attention is given to deflationary accounts of truth, the role of language in (...) expressing mental states, and the normative and the natural as they relate to issues of representation. The chapters further various fundamental debates in metaphysics--for example, concerning the question of finding a place for moral properties in a naturalistic world-view--and illuminate the relation of the recent neo-pragmatist revival to the expressivist stream in analytic philosophy of language. (shrink)

What is normativity? It is argued here that normativity is best understood as a property of certain concepts: normative thoughts are those involving these normative concepts; normative statements are statements that express normative thoughts; and normative facts are the facts (if such there be) that make such normative thoughts true. Many philosophers propose that there is a single basic normative concept—perhaps the concept of a reason for an action or attitude—in terms of which all other normative concepts can be defined. (...) It is argued here that this proposal faces grave difficulties. According to a better proposal, what these normative concepts have in common is that they have a distinctive sort of conceptual role—a reasoning-guiding conceptual role. This proposal is illustrated by a number of examples: different normative concepts differ from each other in virtue of their having different conceptual roles of this reasoning-guiding kind. (shrink)

Emotions are part of our culture ; particular emotions like resentment andguilt are part of specific cultural heritages. On the other hand, moral judgementsand imperatives have the appearance of objectivity. There lies - or so it seems -a conflict, even a contradiction. Statements like "Slavery is unjust" may beasserted, agreements may be reached concerning what they claim or express,and they may occur as antecedents in conditionals such as "If slavery is unjust,then it must be abolished". When it is claimed that (...) slavery is unjust or that it iswrong to harm others, it is thereby claimed that it is so objectively. We mean bythis (among other things) that it is so independently of the moral emotionsanyone may feel with respect to slavery or the infliction of pain.It will be argued here that there are grounds to believe that emotions must beevaluated cognitively and that they do have cognitive significance, value andcontent. In this cognitive or quasi-cognitive perspective, the appropriatecharacter of an emotion is akin to the truth of a proposition : just as the truth of aproposition may be evaluated in terms of the justifications we are able toprovide in its favour, the correctness of emotions may be evaluated relatively tocognitive bases and classes of available warrants. Some emotions may be ruledout as incorrect or inapproriate, just as some propositions may be rejected asunjustified or in need of a warrant. The parallel relies on the controversial notionof non-propositional forms of moral justification. The notion may be construedin a variety of ways, the most promising construals being, I believe, thoseprovided by the perceptual model.I shall focus on the following point. Moral judgements and imperatives areexpressed with the usual resources of natural languages. These typically includepredicates like "unjust" and "wrong", and deontic sentential operators like"must" and "should". Moral emotions, on the other hand, may be expressed bybodily movements and facial expressions. Although it may be argued thatemotions do not bear the cognitive marks of objectivity when expressed in thisway, there is no reason to think that a reformed language of ethics, i.e. a purelanguage of emotions, free of all the linguistic or symbolic marks of truth,assertability and objectivity, would thereby be free of normative input, or evenbe inadequate to express normative claims. I shall argue that once nonpropositionalforms of justifications are taken into account, the reformingstrategy of emotivists and neo-emotivists is indeed ineffective. (shrink)

I distinguish among three senses in which meaning may be said to be normative, one trivial, the other two more robust. According to the trivial sense, meaningful expressions have conditions of correct application. According to the first robust sense, these conditions are determined by norms. According to the second robust sense, statements about these conditions have normative implications. Normativity in one or the other of the robust senses, but not in the trivial sense, is commonly thought to pose a (...) threat to naturalism. I argue that, given its trivial normativity, meaning cannot be normative in the first robust sense but it is normative in the sense that statements about the meaning of terms have hypothetical normative implications that are essential to meaning. I further argue that this normativity itself poses no threat to naturalism. Rather, this normativity follows from the fact that the trivial normativity of meaning precludes its naturalization. (shrink)

Philosophical theories often hinge on claims about what is necessary or possible. But what are possibilities and necessities, and how could we come to know about them? This book aims to help demystify the methodology of philosophy, by treating such claims not as attempted descriptions of strange facts or distant 'possible worlds', but rather as ways of expressing rules or norms.

Part of the distinction between artefacts, objects made by humans for particular purposes, and natural objects is that artefacts are subject to normative judgements. A drill, say, can be a good drill or a poor drill, it can function well or correctly or it can malfunction. In this paper I investigate how such judgements fit into the domain of the normative in general and what the grounds for their normativity are. Taking as a starting point a general characterization of normativity (...) proposed by Dancy, I argue how statements such as ‘this is a good drill’ or ‘this drill is malfunctioning’ can be seen to express normative facts, or the content of normative statements. What they say is that a user who has a desire to achieve a particular relevant outcome has a reason to use, or not to use, the artefact in question. Next this analysis is extended to show that not just statements that say that an artefact performs its function well or poorly, but all statements that ascribe a function to an artefact can be seen as expressing a normative fact. On this approach the normativity of artefacts is analyzed in terms of reasons on grounds of practical, and to a lesser extent theoretical, rationality. I close by investigating briefly to what extent reasons on moral grounds are, in the analysis adopted here, involved in the normativity of artefacts.Keywords: Artefact; Normativity; Instrumental reason; Practical rationality; Function; Use. (shrink)

In this article, I look at the role of appeals to the emotions in criminal law defences. A position commonly held is that appeals to the emotions can excuse but cannot justify. However, we should be careful that this view does not rest on too simple and non-cognitive a view of the emotions. I contrast a simple picture, according to which action from emotion involves loss of rational control, with the more Aristotelian picture recently offered by RA Duff. I then (...) look at John Gardner’s theory of excuses, which seeks to avoid the non-cognitive account of action from emotion as loss of rational control, but nevertheless denies that reference to the emotions can even partially justify. I argue that what is at issue between Gardner and Duff is what Gardner calls the ‘no-difference’ thesis, namely that the reasons that count in favour of an emotion count also in favour of action done from that emotion. I conclude that Gardner has not yet explained why we should reject the no-difference thesis. (shrink)

In chapter one I will try to reconstruct a plot, or a hidden agenda, in the discussion in ethics between the beginning of the twentieth century and 1958, the year of a decisive turning point in ethics, both Anglo-Saxon and Continental, and strangely enough also the year of the beginning of the end of the Cold War, of post-Tridentine Catholicism, and perhaps something else. My hypothesis will be that there are two similar starting points for the Anglo-Saxon and the Continental (...) twentieth-century discussion, the philosophies of Henry Sidgwick and Friedrich Nietzsche, both expressions of some kind of ethical scepticism, and that a third, somewhat analogous starting-point could be found in Émile Durkheim, the proponent of the dream of the morale laïque. I will discuss how far the diagnosis formulated by Karl-Otto Apel of a kind of ‘parallel convergence' between existentialism and analytic philosophy, based on the shared division of facts and values that eventually justified two kinds of 'decisionism' is useful in making sense of the agenda of the discussion. In the second chapter I will discuss the reasons for two parallel U-turns around 1958 which brought back traditional schools of normative ethics, 'deontologism' and utilitarianism, as well as the reasons for criticism to both schools from the heterogeneous alignment of virtue ethics. In the third chapter I will discuss the remarkable phenomenon of the emergence, starting with the Sixties or the early Seventies, of ‘applied’ ethics. I examine the reasons, both theoretical and political, for the revival, the point to which applied ethics may look as a grand return of a casuistic and natural law way of thinking, or in Alan Donagan’s words a case of “reverse subversion” of the modern secular world by traditional Scholastic ways of thinking, and the difficult coexistence between general normative ethics and procedures for settling issues in a ‘reasonable’ way while dissent on issues of principle is as alive as ever. Then I try to draw a provisional moral. My suggestions are that (i) casuistry is more alive than ever; (ii) natural law thinking is more alive than ever; (iii) moral dilemmas never arise; (iv) moral dissent is treatable, with the right strategy; (v) practical philosophy does not need the same degree of exactness as the theoretical sciences but this is no obstacle to its working in practice. (shrink)

Central to the freedom of association is the freedom to exclude. In fact, American constitutional law permits associations to discriminate on otherwise prohibited grounds, a principle of expressive discrimination or what I call "expressive exclusion." However, we lack a complete normative defense of it. Too often, expressive exclusion is justifi ed as a simple case of religious accommodation, or a simple case of freedom of association or speech—justifi cations that are defi cient. I argue that expressive (...) exclusion is essential in creating genuine space for democratic dissent. It stands at the intersection of speech, association, and democracy. (shrink)

In this paper, I argue that hate speech expresses hate, and answer some objections to expressivist views. First, I briefly comment on some limitations of pragmatic accounts of harmful speech. I then present an expressive-normative view of derogatory discourse according to which it is expressive of an affective state by presupposing it. A linguistic act expressive of an affective state inherits the normativity that is constitutive of that state, as directed to its intentional object. If the act (...) is successful, it updates the conversational context with the normative appraisal conditions of the affective state presupposed. I argue that this model can be applied to hate speech. I rely on current research on the psychology of hate to identify the appraisal conditions, action tendencies, and motivational goals characteristic of hate. The account supplements other pragmatic accounts of hate speech. (shrink)

Our intuitions related to art are generally associated to ideas such as creativity, freedom of expression, experimentation. The fact that so many artists (especially writers, but also musicians, painters, performance artists) are or have been people with training in legal disciplines should be taken into account when considering the apparently extrinsic relationship between art and law. The question we have to answer is the following. When we make a judgment of taste looking, say, at the Mona Lisa, what does that (...) mean exactly? What do we mean when we say that “the Mona Lisa is beautiful and an absolute masterpiece of Western art”? This statement contains a judgment of taste (Mona Lisa is beautiful) and an artistic judgment (it is a masterpiece of Western art). In what follows I will show that: i) the two judgments are different, ii) both judgments have normative nature, but the normativity of the judgment of taste refers to different elements from the artistic judgment and, finally, iii) contemporary visual arts require the formulation of an artistic judgment rather than a judgment of taste. (shrink)

I became interested in normative ethics in my last term as a philosophy undergraduate at the University of Toronto. Influenced by a traditional conception of the discipline, I’d till then studied mostly history of philosophy, with a special interest in, of all things, Hegel. But seeing the value of a balanced philosophy program, I enrolled in an ethics seminar in the winter of 1975. I’d studied the ethics of Plato, Leibniz, Hegel, and others in my history courses, but this was (...) my first exposure to contemporary thought on the subject. The seminar had only one other student, and since he was fairly quiet I had something close to a one-on-one tutorial with the instructor, Wayne Sumner – another contributor to this volume. I was immensely taken both by Wayne’s teaching and by the seminar’s topic, which was utilitarianism. Our study of it included both theoretical questions such as act- vs. ruleutilitarianism and applied ones such as our obligations to future generations. I found all these questions intellectually engaging and also humanly important, given their connection to live ethical issues – in short, I was hooked. I was especially impressed by two non-utilitarian texts we read. One was the last chapter of G. E. Moore’s Principia Ethica, meant to illustrate a non- 1 utilitarian or ideal consequentialist theory. I was attracted by Moore’s general account of the good, which values states such as love and aesthetic appreciation alongside pleasure, and saw in his principle of organic unities a far clearer statement of ideas I had encountered in more pretentious form in Hegel. The second was Chapter 2 of W. D. Ross’s The Right and the Good, which defends a pluralist deontology against consequentialism. I thought Ross’s criticisms of consequentialism were right on the mark, and again clearly and precisely expressed. I had no idea these texts were largely passé in current discussions of the subject. At this time I was applying to graduate programs in philosophy, and given my new interest decided to specialize in ethics.. (shrink)

Jeffrey Moriarty argues that unequal pay for employees who do the same work is not necessarily wrong, but can be wrong if it is discriminatory or deceptive. Moriarty does this in part by stressing that pay should be considered primarily as a price for labor and therefore that our views on price discrimination and unequal pay should mirror each other. In this critique, I argue that Moriarty fails to adequately account for the expressive functions of pay. A pluralist view (...) of pay reveals otherwise overlooked normative concerns regarding pay and cautions against adopting too strong of an analytical connection between price discrimination and unequal pay. (shrink)

It is widely assumed that the normativity of conceptual judgement poses problems for naturalism. Thus John McDowell urges that 'The structure of the space of reasons stubbornly resists being appropriated within a naturalism that conceives nature as the realm of law' (1994, p 73). Similar sentiments have been expressed by many other writers, for example Robert Brandom (1994, p xiii) and Paul Boghossian (1989, p 548).

The Expression of Emotion collects cutting-edge essays on emotional expression written by leading philosophers, psychologists, and legal theorists. It highlights areas of interdisciplinary research interest, including facial expression, expressive action, and the role of both normativity and context in emotion perception. Whilst philosophical discussion of emotional expression has addressed the nature of expression and its relation to action theory, psychological work on the topic has focused on the specific mechanisms underpinning different facial expressions and their recognition. Further, work in (...) both legal and political theory has had much to say about the normative role of emotional expressions, but would benefit from greater engagement with both psychological and philosophical research. In combining philosophical, psychological, and legal work on emotional expression, the present volume brings these distinct approaches into a productive conversation. (shrink)

Many philosophers favour the simple knowledge account of assertion, which says you may assert something only if you know it. The simple account is true but importantly incomplete. I defend a more informative thesis, namely, that you may assert something only if your assertion expresses knowledge. I call this 'the express knowledge account of assertion', which I argue better handles a wider range of cases while at the same time explaining the simple knowledge account's appeal. §1 introduces some new data (...) that a knowledge account of assertion well explains. §2 explains the simple knowledge account's advantage over two of its main competitors. §3 presents a problem for the simple account and offers a solution, which is to adopt the express knowledge account. §4 encapsulates the case for the express knowledge account, and offers a unifying vision for the epistemology of belief and assertion. §5 answers an objection. §6 briefly sums up. Even those who ultimately reject my conclusion can still benefit from the new data presented in §1, and learn an important lesson from the problem discussed in §3, which demonstrates a general constraint on an acceptable account of the norm of assertion. (shrink)

In Wittgenstein on Rules and Private Language, Saul Kripke rejects some of the most popular accounts of what meaning facts consist in on the grounds that they fail to accommodate the normative character of meaning. I argue that a widespread interpretation of Kripke's argument is incorrect. I contend that the argument does not rest on the contrast between descriptive and normative facts, but on the thought that speakers' uses of linguistic expressions have to be justified. I suggest that the line (...) of reasoning that I attribute to Kripke can be seen as putting pressure on the idea that predicate satisfaction is to be explained in terms of a relation between predicates and properties. (shrink)

Kripke finds in Wittgenstein an argument for the view that there is no such thing as meaning. A key premise in that argument is that there are semantic norms—norms governing the uses of expressions that hold in virtue of what those expressions mean. Standardly, those norms are understood to be norms of truth—roughly, they permit truly applying expressions and prohibit falsely applying them. An increasing number of philosophers reject the standard interpretation. In this paper, I explore (...) alternative construals due to Alan Millar and Indrek Reiland and argue that they are either unmotivated or not competitors with the standard account. In doing so, I defend a kind of pluralism about semantic normativity. If there are norms of truth that hold in virtue of what expressions mean, there will be further norms that make reference to the doxastic, epistemic, and motivational states of language-users, norms that are explanatory posterior to the norms of truth. (shrink)

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

This paper examines some aspects of Mitchell Green’s account of self-expression. I argue that Green fails to address the distinction between success and evidential notions of expression properly, which prevents him from adequately discussing the relation between these notions. I then consider Green’s explanation of how a speech act shows what is within, i.e., because of the liabilities one incurs and argue that this is false. Rather, the norms governing speech acts and liabilities incurred give us reason to think (...) that the speaker is in a particular state of mind. It thus supports an evidential rather than success notion. Finally, I suggest that it is because of the sincerity of what is said, rather than the liabilities incurred, that you show what is within. (shrink)

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

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)

The question, “What norms are appropriate for the evaluation of the probative merits of visual arguments?” underlies the investigation of this paper. The notions of argument and of multimodal visual argument employed in the study are explained. Then four multimodal visual arguments are analyzed and their probative merits assessed. It turns out to be possible to judge these qualities using the same criteria that apply to verbally expressed arguments. Since the sample is small and not claimed to be representative, (...) this finding can at best be regarded as suggestive for the probative assessment of multimodal visual arguments in general. (shrink)

Drawing on a rich pragmatist tradition, this book offers an account of the different kinds of ‘oughts’, or varieties of normativity, that we are subject to contends that there is no conflict between normativity and the world as science describes it. The authors argue that normative claims aim to evaluate, to urge us to do or not do something, and to tell us how a state of affairs ought to be. These claims articulate forms of action-guidance that are different in (...) kind from descriptive claims, with a wholly distinct practical and expressive character. This account suggests that there are no normative facts, and so nothing that needs any troublesome shoehorning into a scientific account of the world. This work explains that nevertheless, normative claims are constrained by the world, and answerable to reason and argumentation, in a way that makes them truth-apt and objective. (shrink)

Communication is essential to human society, and assertion is central to communication. This article reviews evidence from life science, cognitive science, and philosophy relevant to understanding how our social practice of assertion is structured and sustained. The principal conclusion supported by this body of evidence is that knowledge is a central norm of assertion—that is, according to the rules of the practice, assertions should express knowledge.

O artigo procura mostrar que sem uma comunidade civil democratizante de justificação, em lugar do atual sistema internacional, as normas da justiça global não passam de uma ficção, uma mera expressão do imperialismo cultural e político, um instrumento de controle e dominação dos povos em escala mundial, segundo um modelo colonizador ampliado que torna as declarações dos direitos humanos inoperantes. PALAVRAS-CHAVE – Direitos humanos. Ética. Habermas. Justiça global. Normas internacionais. Rawls. ABSTRACT The article seeks to show that without a civil, (...) democratizing community of justification, replacing the current international system, the norms of global justice remain a fiction, a mere expression of cultural and political imperialism, an instrument of control and domination of the peoples worldwide, according to an enlarged colonizing model which render the declarations of human rights inoperative. KEY WORDS – Ethics. Global justice. Habermas. Human rights. International norms. Rawls. (shrink)

Practical reasoning is a process of reasoning that concludes in an intention. One example is reasoning from intending an end to intending what you believe is a necessary means: 'I will leave the next buoy to port; in order to do that I must tack; so I'll tack', where the first and third sentences express intentions and the second sentence a belief. This sort of practical reasoning is supported by a valid logical derivation, and therefore seems uncontrovertible. A more contentious (...) example is normative practical reasoning of the form 'I ought to φ, so I'll φ', where 'I ought to φ' expresses a normative belief and 'I'll φ' an intention. This has at least some characteristics of reasoning, but there are also grounds for doubting that it is genuine reasoning. One objection is that it seems inappropriate to derive an intention to φ from a belief that you ought to φ, rather than a belief that you ought to intend to φ. Another is that you may not be able to go through this putative process of reasoning, and this inability might disqualify it from being reasoning. A third objection is that it violates the Humean doctrine that reason alone cannot motivate any action of the will. This paper investigates these objections. (shrink)

R. M. HARE takes the following view of the task of moral philosophy, "The function of moral philosophy—or at any rate the hope with which I study it—is that of helping us think better about moral questions by exposing the logical structure of the language in which this thought is expressed." The purpose of this essay is to show that this restriction of ethics to the logical dimensions of moral discourse is grounded in an excessively narrow conception of the resources (...) of human reason. Specifically, I shall argue that a more thoroughgoing grasp of these resources shows that reason has the capacity to move beyond such a purely logical task and to function as a normative source of moral demands. Central to the argument is the contention that the capacities of reason are restricted neither to the discovery of facts, nor to the opening of human discourse to the demands of logic, but include also the capacity to function as a principle constitutive of human agency as capable of self-awareness. I shall try to show that this latter capacity enables reason to play a morally normative role in human life. The argument will be divided into three major components, beginning with a brief expository sketch of Hare’s position aimed at providing the problematic framework for my argument by stating the essentials of his case against naturalism and for prescriptivism. The second component will describe the reflective capacity of reason and will point out that this capacity is at work in Hare’s writings. Finally, the third component will be directed toward showing how reflectivity is capable of founding a normative ethics. (shrink)

In my dissertation, I explore how emotions operate under conditions of injustice. Specifically, my interest is in how one should deploy their emotions in order to combat patriarchally informed, affective ways of making sense of and responding to the social world. My dissertation consists of the following three papers. In the first paper, “Vindictive Anger,” I argue for two claims. First, that anger is not necessarily made morally worse whenever and to the extent that it involves a desire for payback. (...) Second, that in certain cases, anger’s retributive component is precisely what moralizes the emotion. Victims of sexual violence, I argue, paradigmatically deploy their anger as a way of getting their transgressor or, in some cases, the broader moral community, to more fully understand, through affect, the wrongness of their action. One can see this occur in the anger expressed by Chanel Miller in her victim’s impact statement, read aloud during the case of People v. Turner. When anger functions in this way, I propose, it serves to moralize the emotion. In the second paper, titled “Feminism and Suspect Femininity,” I ask how feminists should feel towards women who conform to suspect norms of appearance, and of hyper-femininity in particular. I present a novel type of empathy – proleptic empathy – which avoids treating women as either pitiful victims or as accomplices deserving of harsh moral criticism. Proleptic empathy requires switching back and forth between two types of imaginings: on the one hand, simulating what it is like to be in the woman’s shoes on the assumption that her suspect behavior stems from her will. On the other, simulating what it is like to be in the woman’s shoes on the assumption that her suspect behavior stems from external cultural influences. In the third paper, “Transitional Moral Contexts,” I address how one should feel towards the perpetrators who figure in the cases that have gone by the language of ‘grey rape’ or ‘bad sex’. These cases are ones that are rife with disagreement, especially amongst members of the moral community, who even disagree over whether they ought to count as cases of ‘sexual assault’ or ‘rape’. My suggestion is that the reason we have such difficulty adjudicating individuals’ responsibility for cases of bad sex is because these are instances of transitional moral contexts where what it is to act morally is in the process of being actively negotiated by the moral community. With this analysis in place, I present reasons for and against deploying shame against those who falter in these cases. (shrink)