I attempt to identify a problem running through the foundation of R. M. Hare’s ethical prescriptivism and the more recent sentimentalism/ethical expressivism of Simon Blackburn. The non-cognitivism to which Hare and Blackburn’s approaches are committed renders them unable to establish stable contents for basic moral principles and, thus, incapable of conducting a logical analysis of moral terms or statements. I argue that objective-descriptive- natural ethical theories are in a much better position to provide a satisfying account of the (...) logical analysis of moral terms or statements. Such ethical theories can arrive at basic moral principles with stable contents, thus paving the way for the kind of descriptive approach that can accommodate stable truth conditions. This, in turn, provides stable grounds for the logical analysis of moral terms and statements. (shrink)

Analytical descriptivism purports to identify the meaning of ethical sentences with that of the descriptive sentences that capture the clauses of mature folk morality. The paper questions the plausibility of analytical descriptivism by examining its implications for the semantics, epistemology and metaphysics of morals. The discussion identifies some of the reasons why the analytical descriptivist fails to deliver a reductionist account of normativity.

What is the nature of moral judgments? This question can be asked in a more specific way: When one sincerely utters a moral judgment, what does one express? A belief the content of which represents moral facts or properties, and is truth-apt, or a non-cognitive attitude the content of which does not represent moral facts or properties, and is not truth-apt? If moral judgments assert moral facts or properties, what are moral facts or (...) properties? If moral judgments express beliefs, how can they be motivational? ;Philosophers give different answers to the above questions. Expressivism and descriptivism are two main views about the nature of moral judgments. This dissertation addresses not only the debate between expressivism and descriptivism, but also the debate between naturalism and non-naturalism about moral properties and the epistemological source of moral judgments, and the debate between rationalism and anti-rationalism about the practical source of moral judgments. ;One of main objections to descriptivism is that expressivism can do better in explaining the metaphysics of moral features, say why it is a conceptual truth that moral properties supervene on natural properties. Another main objection to descriptivism, is that expressivism better explains the practical source of moral judgments. According to expressivism, moral judgments express some motivational non-cognitive attitudes, say desires. There are two approaches to defending descriptivism: the naturalistic and the non-naturalistic. ;This dissertation develops a non-naturalistic realist, cognitivist, and rationalist view of the nature of moral properties and moral judgments. My overall point is that the expressivist attacks on descriptivism are unsuccessful. A realist non-naturalism can explain the ontological data, e.g. supervenience, the epistemological data, e.g. non-inferential justification, and the data of moral psychology, especially the motivational power of moral judgments. My conclusion is that when one sincerely utters a true moral judgment, one expresses a belief the content of which represents normative facts. (shrink)

Na primeira parte, argumento que o descritivismo proposto por Moritz Schlick não compreende adequadamente a função dos juízos morais. Na segunda parte, argumento que o emotivismo não apresenta uma explicação adequada para o papel da razão na ética. Na terceira parte, argumento que o prescritivismo universal proposto por R. M. Hare avança na solução dos problemas do emotivismo, porque amplia o papel da razão na ética, e na solução dos problemas do descritivismo, porque compreende a função dos juízos morais na (...) linguagem ordinária. The first part of this article argues that descriptivism as proposed by Moritz Schlick does not correctly understand the function of moral judgements. The second part argues that emotivism does not provide an adequate explanation of the role of reason in ethics. Finally, the article shows how the universal prescriptivism proposed by R. M. Hare furthers the solution of the problems of emotivism, since it extends the role of reason in ethics and in the resolution of the problems of descriptivism, given that it understands the function of moral judgements in ordinary language. (shrink)

This article contends that certain types of Autonomous Weapons Systems (AWS) are susceptible to Hume’s Law. Hume’s Law highlights the seeming impossibility of deriving moral judgments, if not all evaluative ones, from purely factual premises. If autonomous weapons make use of factual data from their environments to carry out specific actions, then justifying their ethical decisions may prove to be intractable in light of the said problem. In this article, Hume’s original formulation of the no-ought-from-is thesis is evaluated in (...) relation to the dominant views regarding it (viz., moral non-descriptivism and moral descriptivism). Citing the objections raised against these views, it is claimed that, if there is no clear-cut solution to Hume’s is-ought problem that presently exists, then the task of grounding the moral judgements of AWS would still be left unaccounted for. (shrink)

Abstract: It deals with the question of what a moral judgment is. On the one hand, a satisfactory theory of moral judgments must take into account the descriptive character of moral judgments and the realistic language of morals. On the other hand, it must also meet the non-descriptive character of moral judgments that consists in the recommending or condemning element and in the fact that normative statements are derived from moral judgments. However, cognitivism and emotivism (...) or “normativism” are contradictory theories: If moral judgments are descriptive, it is not possible to deduce norms from them. But if one can deduce norms from moral judgments, they are not descriptive. As a solution to this problem, the paper suggests that moral judgments represent institutional facts; the corresponding theory is moral institutionalism. A moral institutional fact – “an act X is Y”, Y” means “morally right” or “morally false” – is a hybrid of descriptive and prescriptive elements: It is stating a fact in descriptive language (“is”) and at the same time, it is short for the prescriptive constitutive rule “X is Y according to the moral rules of the language community C”. Institutional facts contain normative presuppositions without letting them appear in their grammatical form. Institutional facts are now (in relation to the language community C) objective and intersubjective and they can be generalized (cognitive aspect), although they cannot be reduced to brute physical or psychological facts, and it is also possible to deduce norms from them because they are built into them. The meta-ethical concept of moral institutionalism, which is evolved further in the paper, preserves the best intentions of emotivism and cognitivism without leading to contradiction. As a by-product, the article shows exactly the error in J. R. Searle’s alleged counterexample against the so-called naturalistic fallacy from “is” to “ought”. This lies in the normative “are” of the analytic premise or definition in “2a. All promises are [that is ought to be] acts of placing oneself under (undertaking) an obligation to do the thing promised”. In “Key concepts in philosophy”, Sankt Augustin 2015, institutionalism is explained further (p.184-191) and confined to what Hegel has called “Sittlichkeit” that is customary morality in in distinction to the “morality” of my personal consciousness (p.212-213):. (shrink)

This paper applies the theory of teleosemantics to the issue of moral content. Two versions of teleosemantics are distinguished: input-based and output-based. It is argued that applying either to the case of moral judgements generates the conclusion that such judgements have both descriptive (belief-like) and directive (desire-like) content, intimately entwined. This conclusion directly validates neither descriptivism nor expressivism, but the application of teleosemantics to moral content does leave the descriptivist with explanatory challenges which the expressivist does (...) not face. Since teleosemantics ties content to function, the paper also offers an account of the evolutionary function of moral judgements. (shrink)

L’article cherche à fournir une défense de la théorie discursive de la morale de Habermas contre une critique importante formulée récemment par J. G. Finlayson, lequel soutient que Habermas rejetterait ce qu’il appelle le « cognitivisme métaéthique » et qu’un tel rejet le confronterait au problème de Frege-Geach. L’article démontre en détail que cette critique est non fondée. Il montre de plus que la seule forme de cognitivisme rejetée par Habermas est le descriptivisme moral en ce que cette approche (...) serait contre-intuitive eu égard à l’usage normal de nos expressions morales. L’article cherche finalement à répondre à certaines objections majeures que les philosophes descriptivistes pourraient soulever à l’endroit de la théorie habermassienne de la morale, en particulier contre sa thèse de l’analogie entre vérité propositionnelle et justesse normative.The paper aims at providing a defence of Habermas’s discourse theory of morality against a significant criticism recently levelled by J. G. Finlayson, who maintains that Habermas would reject what he calls “metaethical cognitivism” and that such a rejection would cause him to face what has been known as the Frege-Geach problem. The paper demonstrates in detail that this claim is unfounded. It further shows that the only form of cognitivism rejected by Habermas is moral descriptivism, since this approach would be counter-intuitive as regards the normal use of our moral expressions. The paper finally seeks to respond to major objections descriptivist philosophers might raise against Habermas’s theory of morality, in particular against his analogy thesis between propositional truth and normative rightness. (shrink)

This book is divided into three parts: in Part I, R. M. Hare offers a justification for the use of philosophy of language in the treatment of moral questions, together with an overview of his moral philosophy of ‘universal prescriptivism’. The second part, and the core of the book, consists of five chapters originally presented as a lecture series under the title ‘A Taxonomy of Ethical Theories’. Hare identifies descriptivism and non‐descriptivism as the two main positions (...) in modern moral philosophy. The former he divides into Naturalism and Intuitionism, and the latter into Emotivism and Rationalism. Hare argues that all forms of descriptivism tend to lead to Relativism because the truth conditions of moral statements are culturally variant. Of the positions discussed, only Hare's own position, a form of Rationalism, which he calls Universal Prescriptivism, meets all of the requirements that an adequate ethical theory should meet. Part III consists of Hare's previously published essay ‘Could Kant have been a Utilitarian?’ (Utilitas 5, 1993). Here, Hare puts forward the controversial thesis that Kant's moral philosophy is, in its basic principles, compatible with utilitarianism. (shrink)

In this book Timmons defends a metaethical view that exploits certain contextualist themes in philosophy of language and epistemology. He advances what he calls assertoric non-descriptivism, a view that employs semantic contextualism in giving an account of moral discourse. This view, which like traditional non-descriptivist views stresses the practical, action-guiding function of moral thought and discourse, also allows that moral sentences, as typically used, make genuine assertions. Timmons then defends a contextualist moral epistemology thus completing (...) his overall program of contextualism in ethics. (shrink)

Analyses of moral value judgements must meet a practicality requirement: moral speech acts characteristically express pro- or con-attitudes, indicate that speakers are motivated in certain ways, and exert influence on others' motivations. Nondescriptivists including Simon Blackburn and Allan Gibbard claim that no descriptivist analysis can satisfy this requirement. I argue first that while the practicality requirement is defeasible, it indeed demands a connection between value judgement and motivation that resembles a semantic or conceptual rather than merely contingent psychological (...) link. I then show how a form of descriptivism, the interest-relational theory, satisfies the requirement as a pragmatic and conversational feature of value judgement – thereby also accommodating its defeasibility. The word ``good'' is always indexed to some set of motivations: when this index is unarticulated in many contexts the speaker conversationally implicates possession of those motivations. (shrink)

Moral language displays a characteristic duality. On the one hand, moral claims seem to be similar to descriptive claims: To say that an act is right seems to be a matter of making an assertion, thus indicating that the speaker has a moral belief about which she can be correct or mistaken. On the other hand, moral claims seem to be different from descriptive claims: There is a sense in which, by claiming that an act is (...) right, a speaker indicates that she is inclined to perform the act, to want others to perform it, and to react with praise towards those who do it. Hybrid theories maintain that utterances of moral sentences have both a descriptive and a practical linguistic function. In this thesis, I investigate how a hybrid theory can best accommodate the descriptive and the practical aspects of moral language. I evaluate and criticize the way that existing hybrid theories have proposed to explain the duality of moral language. The main arguments against these views are that they either: fail to accommodate the way that the practical or attitudinal import of moral claims vary across different contexts and linguistic environments; or that they fail to show how the practical or attitudinal import is reliably inferred by interlocutors in virtue of general communicative principles. I develop and defend a new hybrid theory called ‘dynamic descriptivism’. This theory accommodates the duality of moral language by appeal to the way that moral utterances affect a dimension of communication which consists of the shared assumptions that interlocutors mutually assume to mutually accept. Moreover, I discuss a problem which has affected a wide range of theories of moral language – including existing hybrid theories – which is the problem of explaining what it is that interlocutors disagree about when they disagree about matters of morality. I argue that that dynamic descriptivism offers new resources for solving this problem. (shrink)

What considerations place genuine constraints on an adequate semantics for normative and evaluative expressions? Linguists recognize facts about ordinary uses of such expressions and competent speakers’ judgments about which uses are appropriate. The contemporary literature reflects the widespread assumption that linguists don’t rely upon an additional source of data—competent speakers’ judgments about possible disagreement with hypothetical speech communities. We have several good reasons to think that such judgments are not probative for semantic theorizing. Therefore, we should accord these judgments no (...) probative value for the development of a semantics for our moral terms. Such judgments can no longer be presumed to put pressure on theories according to which our moral expressions share a semantics with ordinary, descriptive terms. Many rivals to pure, Descriptivist theories count among their advantages the ability to accommodate these judgments. If these judgments have no probative value, such theories lose an important source of support. (shrink)

In Chapters 4 and 5 of his 1998 book From Metaphysics to Ethics: A Defence of Conceptual Analysis, Frank Jackson propounds and defends a form of moral realism that he calls both ‘moral functionalism’ and ‘analytical descriptivism’. Here we argue that this metaethical position, which we will henceforth call ‘analytical moral functionalism’, is untenable. We do so by applying a generic thought-experimental deconstructive recipe that we have used before against other views that posit moral properties (...) and identify them with certain natural properties, a recipe that we believe is applicable to virtually any metaphysically naturalist version of moral realism. The recipe deploys a scenario we call Moral Twin Earth. (shrink)

Terry Horgan and Mark Timmons have recently provided an updated presentation and defense of a metaethical view that they call cognitivist expressivism. Expressivists claim that moral judgments express propositional attitudes that do not represent or describe the external world. Horgan and Timmons agree with this claim, but they also deny the traditional expressivist claim that moral judgments do not express beliefs. On their view, moral judgments are genuine, truth-apt beliefs, thus making their form of expressivism a cognitivist (...) one. In this essay, I argue that Horgan and Timmons have failed to demonstrate that moral judgments express sui generis, nondescriptive content by showing that at least some moral content is descriptive. In addition, I show how the descriptivist can account for those properties that Horgan and Timmons consider distinctive of moral belief. In doing so, I remove one of the expressivist's most important lines of motivation for positing nondescriptive moral content in the first place. At the end of the essay, I briefly sketch a view that I call partial or modest moral realism. (shrink)

Next SectionIn emphasizing the importance of the separability thesis, legal philosophers have inadequately appreciated other philosophically important ways in which law and morality are or might be connected with one another. In this article, I argue that the separability thesis cannot shoulder the philosophical burdens that it has been asked to bear. I then turn to two issues of greater importance to jurisprudence. These are ‘the moral semantics of law’ and ‘the normativity of theory construction in jurisprudence’. The (...) class='Hi'>moral semantics claim is that legal content is best understood as moral directives about what is to be done and who is to decide what is to be done. The problem is that legal positivists typically hold that only social facts contribute to the content of law, and it is hard to see how a positivist can hold both the social-facts claim and the moral-semantics claim. I argue that not only are the two claims consistent with one another, but that legal positivists must hold some version of the moral semantics claim if they are to make sense of the claim that legal reasons purport to be content-independent moral reasons for acting. In Section 3 of the article, I take up the question of whether theory construction in jurisprudence is normative or descriptive. This is hard to do in part because so little attention has been paid to correctly formulating the issue. I suggest a demanding test for descriptivism; namely, that an adequate analysis of law can be provided entirely in terms of its formal features. I then defend this claim against three arguments designed to show because governance by law is necessarily desirable or valuable that, we cannot characterize law without making reference to those values or to other material features of law. This constitutes a limited but powerful defence of descriptive jurisprudence. (shrink)

One central question of metaethics concerns whether there are any moral facts. I argue that morality as such is characterized by a number of distinctive features, and that metaphysical naturalists should believe that there are moral facts only if there is a plausible naturalistic explanation of the existence of facts which exemplify those features. I survey three prominent (and very different) naturalistic moral theories—the reductive naturalism of Peter Railton, Frank Jackson’s analytic descriptivism, and Christine Korsgaard’s Kantianism—and (...) argue that none of them has the resources to explain the existence of genuine moral facts. (shrink)

In Chapters 4 and 5 of his 1998 book From Metaphysics to Ethics: A Defence of Conceptual Analysis, Frank Jackson propounds and defends a form of moral realism that he calls both ‘moral functionalism’ and ‘analytical descriptivism’. Here we argue that this metaethical position, which we will henceforth call ‘analytical moral functionalism’, is untenable. We do so by applying a generic thought-experimental deconstructive recipe that we have used before against other views that posit moral properties (...) and identify them with certain natural properties, a recipe that we believe is applicable to virtually any metaphysically naturalist version of moral realism. The recipe deploys a scenario we call Moral Twin Earth. (shrink)

This paper investigates the relations between the concepts of moral harm and moral responsibility, arguing for a circularity between the two. On this basis the conceptual soundness of descriptivism, on which consequentialist and non-consequentialist arguments are often grounded, is questioned. In the last section a certain version of ascriptivism is defended: The circularity is relevant in order to understand how a restricted version of ascriptivism may in fact be well founded.

Two years ago in two articles in a thematic issue of this journal the three of us engaged in a critique of principlism. In a subsequent issue, B. Andrew Lustig defended aspects of principlism we had criticized and argued against our own account of morality. Our reply to Lustig's critique is also in two parts, corresponding with his own. Our first part shows how Lustig's criticisms are seriously misdirected. Our second and philosophically more important part picks up on Lustig's challenge (...) to us to show that our account of morality is more adequate than principlism. In particular we show that recognition of morality as public and systematic enables us to provide a far better description of morality than does principlism. This explains why we adopt the label “Dartmouth Descriptivism.”. (shrink)

For a period in the middle of the present century moral philosophy was dominated by the debate between prescriptivists and descriptivists. Prescriptivists proclaimed a gap between ‘is’ and ‘ought’, between facts and values, and cheerfully accepted the sceptical consequence that morals, and values generally, could not be objects of knowledge.

: Biomedical ethicists often assume that common morality constitutes a largely consistent normative system. This premise is not taken for granted in general normative ethics. This paper entertains the possibility of inconsistency within common morality and explores methodological implications. Assuming common morality to be inconsistent casts new light on the debate between principlists and descriptivists. One can view the two approaches as complementary attempts to evade or transcend that inconsistency. If common morality proves to be inconsistent, then principlists might have (...) reason to prefer a less pluralistic theory, thereby moving closer to descriptivism. Descriptivists, by contrast, might want to qualify their claim to accommodate all of people's basic moral convictions. Finally, both camps might wish to adopt a more revisionist posture, accepting that an adequate ethical theory occasionally will contradict some of people's deepest moral convictions. Proper application of the method of reflective equilibrium, to which both descriptivists and principlists claim allegiance, may entail greater openness to revisionism than either camp admits. (shrink)

In this paper, I present an interpretation about the meaning of value judgements (moral and aesthetic) in the philosophy of David Hume. I state that although they are essentially descriptive of a fact (a sentiment that any spectator placed in the disinterested point of view can feel), these judgements also express a particular sentiment, at least in some cases. To achieve this aim, after introducing the questions and interpretative possibilities approached (section 1), I explain the interpretations called expressivist (mainly, (...) its projectivist subtype, commonly called ‘error theory’) and descriptivist (and its subtypes, called subjectivist and causalist), as well as the problems of accepting each one of them univocally (respectively, sections 2 and 3). Then, I argue in favor of an hybrid or conciliating interpretation according to which Hume’s philosophy is better understood as a form of descriptivism, while preserving an expressivist feature, based on the possibility of solving those problems (section 4). (shrink)

Nondescriptivist Cognitivism vindicates the cognitive value of moral judgements despite their lack of descriptive content. In this paper,I raise a few worries about the proclaimed virtues of this new metaethical framework Firstly, I argue that Nondescriptivist Cognitivism tends to beg the question against descriptivism and, secondly, discuss Horgan and Timmons' case against Michael Smith's metaethical rationalism. Although I sympathise with their main critical claims against the latter, I am less enthusiastic about the arguments that they provide to support (...) them. (shrink)

The need to distinguish between logical and extra-logical varieties of inference, entailment, validity, and consistency has played a prominent role in meta-ethical debates between expressivists and descriptivists. But, to date, the importance that matters of logical form play in these distinctions has been overlooked. That’s a mistake given the foundational place that logical form plays in our understanding of the difference between the logical and the extra-logical. This essay argues that descriptivists are better positioned than their expressivist rivals to provide (...) the needed account of logical form, and so better able to capture the needed distinctions. This finding is significant for several reasons: First, it provides a new argument against expressivism. Second, it reveals that descriptivists can make use of this new argument only if they are willing to take a controversial—but plausible—stand on claims about the nature and foundations of logic. (shrink)

Of the seven essays presented here, four deal with specific moral concepts. They concern freedom of the will, universalizability as a token of validity of a moral precept, the interrelationships between pain and evil, and the interrelationships between harm and wrongness. The other three essays cover broader topics: the partial agreement and partial disagreement of Hare, as a prescriptivist of one kind, with the view of P. T. Geach, another kind of prescriptivist, on the nature of good and (...) evil; the defects of descriptivism as a general theory of ethics; and the variety of viewpoints in ethics as an area of inquiry. All of the essays except the one on harm and wrongness were previously published. Typical of the illuminating distinctions which Hare makes in this highly useful book is the one made as follows in the essay on freedom of the will: "It is said that as prediction and causal explanation of human actions become easier and more widespread, moral language becomes in more and more cases unnecessary and pointless. But... it does not follow from the fact that persuasion is found in a certain type of case to be pointless, that we have no further use for the word ‘ought’ in that type of case."—W. G. (shrink)

This dissertation argues for a metaethical theory I call "Expressive-Assertivism." Expressive-Assertivism is a distinctive, substantial refinement of dual-use metaethical theories traditionally associated with R. M. Hare, C. L. Stevenson, and, more recently, with David Copp. If true, Expressive-Assertivism clarifies, resolves, or dissolves---without, in turn, raising additional difficulties---a number of philosophical problems, including what Michael Smith calls "The Moral Problem," which many consider to be the central organizing problem in contemporary metaethics. The following are the three most important features of (...) Expressive-Assertivism. ;1. The central tenet. The proper, literal use of an ethical sentence, such as 'Donating to charity is right', is the performance of a direct expressive illocutionary act and a direct assertive illocutionary act. Recognizing that ethical sentences can be used to both directly express a speaker's attitude and directly assert something about the world captures what is intuitively compelling about "expressivist" theories---namely, that there is some strong connection between a speaker's sincere moral utterance and his or her motivations to act---and what is intuitively compelling about "descriptivist" theories---namely, that moral utterances appear to have descriptive or cognitive content and, therefore, are truth-evaluable. The Central Tenet is the feature of Expressive-Assertivism that dissolves The Moral Problem. ;2. The generality principle. The proper, literal use of an ethical sentence directly expresses an attitude, not toward the subject of the sentence, but toward things of a more general kind, namely, things that have the property picked out by the ethical predicate . ;3. The extensionality principle. A speaker directly expresses an attitude toward things that have the property picked out by an ethical predicate whenever that predicate appears in any extensional context. Together, the Extensionality and Generality Principles shield Expressive-Assertivism from many objections to traditional expressivist theories, including "The Embedding Objection," which many consider to be the most difficult problem faced by expressivists. (shrink)

ABSTRACT: The aim of this article is to assess the coherence of the metaethical positions on which discourse ethics as developed by Habermas and Apel rests. After showing that one is faced here with a non-descriptivist, anti-realist but cognitivist moral theory, I examine whether a non-descriptivist cognitivism, on the one hand, and an anti-realist cognitivism, on the other hand, can consistently be held. I maintain that the problem of the relation between cognitivism and non-descriptivism is adequately solved by (...) the two authors, but that the problem of the relation between cognitivism and anti-realism is still waiting for an appropriate answer, which I put forth in my article. (shrink)

This chapter introduces several distinctions relevant to what is called the “discounting problem”, since the issue is how (future) costs and benefits are discounted to make them comparable in present terms. The author defends the claim that there are good reasons to adopt Ramsey-style discounting in the context of climate change: the Ramsey rule is robust, flexible, and well-understood. An important distinction involved in discounting—“descriptivism” and “prescriptivism”—is discussed. It is argued that, even if we adopt prescriptivism, and accept that (...) this means there is need for moral experts in parameter assignments, there is a significant issue. The type of moral expertise required for the discounting problem will not involve knowledge of moral theory—thus making moral philosophy unhelpful in terms of making particular parameter assignments, despite these being substantive moral judgments. (shrink)

In recent years, with the appearance of a new wave of realism and non-descriptivism, the old dispute in meta-ethics between cognitivism and non-cognitivism has resurfaced. At present one of the most intensely discussed arguments among meta-ethicists is the so-called Moral Twin Earth argument of Terrence Horgan and Mark Timmons. It was presented in a series of articles published at the beginning of the nineties. However, a similar argument was put forth much earlier by Richard Hare, though the participants (...) of the discussion that has arisen in connection with the Moral Twin Earth have passed over it in silence. It appeared for the first time at the beginning of the fifties in The Language of Morals as the Missionary and the Cannibal Islands argument. Hare later renamed it the Reductio ad Absurdum of Descriptivism in an article published in 1986 under the same name. Since then he has made it as his basic instrument against descriptivism. In the present article the author outlines the argument of Moral Twin Earth, presents its prototype, and offers a concise criticism of it. (shrink)

This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...) Though the semantics is descriptivist, it avoids Dworkin’s influential criticism of so-called “semantic theories of law,” and elucidates the nature of “theoretical disagreements” about the criteria of legal validity. The account sheds light on the social, interpersonal function of normative uses of language in legal discourse. It also gives precise expression to Hart’s and Raz’s intuitive distinctions among types of legal claims (internal/external, committed/detached), while giving them a uniform type of analysis. The proposed semantics and pragmatics of legal claims provides a fruitful framework for further theorizing about the nature and metaphysics of law, the relation between law and morality, and the apparent practical character of legal language and judgment. Discourse Contextualism provides a solid linguistic basis for a broader account of legal discourse and practice. (shrink)

Combining the methods of the modern philosopher with those of the historian of ideas, Knud Haakonssen presents an interpretation of the philosophy of law which Adam Smith developed out of - and partly in response to - David Hume's theory of justice. While acknowledging that the influences on Smith were many and various, Dr Haakonssen suggests that the decisive philosophical one was Hume's analysis of justice in A Treatise of Human Nature and the second Enquiry. He therefore begins with a (...) thorough investigation of Hume, from which he goes on to show the philosophical originality of Smith's new form of natural jurisprudence. At the same time, he provides an over all reading of Smith's social and political thought, demonstrating clearly the exact links between the moral theory of The Theory of Moral Sentiments, the Lectures on Jurisprudence, and the sociohistorical theory of The Wealth of Nations. This is the first full analysis of Adam Smith's jurisprudence; it emphasizes its normative and critical function, and relates this to the psychological, sociological, and histroical aspects which hitherto have attracted most attention. Dr Haakonssen is critical of both purely descriptivist and utilitarian interpretations of Smith's moral and political philosophy, and demonstrates the implausibility of regarding Smith's view of history as pseudo-economic or 'materialist'. (shrink)

What does it take to count as competent with the meaning of a thin evaluative predicate like 'is the right thing to do'? According to minimalists like Allan Gibbard and Ralph Wedgwood, competent speakers must simply use the predicate to express their own motivational states. According to analytic descriptivists like Frank Jackson, Philip Pettit and Christopher Peacocke, competent speakers must grasp a particular criterion for identifying the property picked out by the term. Both approaches face serious difficulties. We suggest that (...) these difficulties derive from a shared background assumption that competence conditions must be explained in terms of a determinate conceptual role. We propose a new way of characterizing competence with evaluative terms: what's required for competence is participation in a shared epistemic practice with a term. Our approach, we argue, better explains the nature of evaluative inquiry and the extent of disagreement about evaluative questions. (shrink)

A theory of laws is developed that takes from E. J. Lowe the claim of natural laws being consistent with certain classes of exceptions. Neither abnormal cases, such as albino ravens, nor miracles falsify covering laws. This suggests that law statements cannot have the form of a universally quantified conditional. Lowe takes it that this is best explained by natural laws having normative force in the same way as moral laws and laws of the land. I argue that there (...) is a non-normative, descriptivist account that also explains the exception cases and which is preferable, given our reservations about normative laws of nature. I also suggest an improved account of miracles within the descriptivist account. (shrink)

Simon Blackburn can be seen as challenging those committed to sui generis moral facts to explain the supervenience of the moral on the descriptive. We (like perhaps Derek Parfit) hold that normative facts in general are sui generis. We also hold that the normative supervenes on the descriptive, and we here endeavour to answer the generalization of Blackburn's challenge. In the course of pursuing this answer, we suggest that Frank Jackson's descriptivism rests on a conception of properties (...) inappropriate to discussions of normativity, and we see reason to reject descriptivism generally. We also discuss the views of David Brink, Jonathan Dancy and Bernard Williams in this area. (shrink)

Recently, theorists have pointed to the role of improvisation in practical reasoning and in gaining new moral knowledge. Laura and François Schroeter have gone even further by suggesting an account of competence with evaluative terms based on holistic improvisation. I argue, however, that they fail in their task. Through a challenge of their key claim against Allan Gibbard’s alternative account, I demonstrate that Schroeter and Schroeter provide only partial constraints on competence, and thus that their account lacks the content (...) to provide an alternative to substantive accounts in metaethics such as minimalism and neo-descriptivism. (shrink)

Abstract We propose a metaethical view that combines the cognitivist idea that moral judgments are genuine beliefs and moral utterances express genuine assertions with the idea that such beliefs and utterances are nondescriptive in their overall content. This sort of view has not been recognized among the standard metaethical options because it is generally assumed that all genuine beliefs and assertions must have descriptive content. We challenge this assumption and thereby open up conceptual space for a new kind (...) of metaethical view. In developing our brand of nondescriptivist cognitivism we do the following: (1) articulate a conception of belief (and assertion) that does not require the overall declarative content of beliefs (and assertions) to be descriptive content; (2) make a case for the independent plausibility of this conception of belief and assertion; and (3) argue that our view, formulated in a way that draws upon the proposed conception of belief, has significant comparative advantages over descriptivist forms of cognitivism. (shrink)

Legal philosophers make a number of bold, contentious claims about the nature of law. For instance, some claim that law necessarily involves coercion, while others disagree. Some claim that all law enjoys presumptive moral validity, while others disagree. We can see these claims in at least three, mutually exclusive ways: (1) We can see them as descriptions of law’s nature (descriptivism), (2) we can see them as expressing non-descriptive attitudes of the legal philosophers in question (expressivism), or (3) (...) we can see them as practical claims about how we should view law or order our society (pragmatism). This paper argues that we should understand these claims in the pragmatist way, as claims about how we should view law or order society. (shrink)

The tapestry of Wilfrid Sellars’s writings is dauntingly rich in stimulus and suggestion. I shall take up here an intriguing strand of thought that was woven into one of his early papers ‘Language, Rules and Behavior’, and I shall discuss some of the issues to which it gives rise. Sellars was concerned in that paper with the procedures by which people evaluate actions as right or wrong, arguments as valid or invalid, and cognitive claims as well or ill grounded. He (...) sought to map out a true vïa media, in his treatment of such procedures, between rationalistic apriorism and what, for want of a better term then, he called ‘descriptivism’, by which he understood the claim that all meaningful concepts and problems belong to the empirical or descriptive sciences, including the sciences of human behaviour. Sellars was thus led to ask not only ‘What sort of a thing is justification?’ but also ‘How do we come to accept the rules or laws that license justifications?’ And he saw these questions as arising in relation to any dialogue in which one party seeks to justify something to another. With regard to the justification of actions he held that the intuitionism of Ross, Prichard and Ewing was reasonably faithful to the phenomenology of moral thought and experience, though he did not agree with their belief in a nonnatural quality or relation that may belong to actions over and above their empirical characteristics. With regard to the justification of predictions he held that the relevant covering laws are ultimately rendered acceptable by an appeal to instances of their application. But he was reluctant to conceive this kind of appeal as an inductive procedure. Instead he called it an application of Socratic method, since the purpose of this method is to make explicit the rules that we have implicitly adopted for thought and action, and Sellars interpreted our judgments to the effect that A causally necessitates B as the expression of a rule governing our use of the terms ‘A’ and ‘B’: science consists in the attempt, by remodeling human language, to develop a system of rule-governed behaviour which will adjust the human organism to the environment. (shrink)

Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in (...) a descriptivist, “rule-relational” semantics combined with a pragmatic account of the expressive and practical functions of legal discourse. We argue that this approach is at least as well-equipped as expressivism to explain the motivational and prescriptive features of “internal” legal statements, as well as a fundamental kind of legal disagreement, while being better positioned to account for various “external” uses of the same language. We develop this theory in a Hartian framework, and in the final part of the paper argue (particularly against Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along such quasi-expressivist lines. (shrink)

Perhaps the two main contemporary formulations of ethical naturalism – Synthetic Ethical Naturalism (SEN) and Analytical Descriptivism – seem to conflict with plausible views about cases where moral debate and disagreement is possible. Both lack safeguards to avoid divergence of reference across different communities, which can scupper the prospects for genuine moral disagreement. I explore the prospects for supplementing both views with Lewis's notion of eligibility, arguing that this can solve the problem for a modified form of (...) analytical descriptivism, and for a modified form of SEN too (though perhaps more controversially). I close by considering the appropriateness of using the notions of eligibility and joint-carving in ethics. (shrink)

The common assumption is that if a group comprising moral agents can act intentionally, as a group, then the group itself can also be properly regarded as a moral agent with respect to that action. I argue, however, that this common assumption is the result of a problematic line of reasoning I refer to as “the collective fallacy.” Recognizing the collective fallacy as a fallacy allows us to see that if there are, in fact, irreducibly joint actors, then (...) some of them will lack the full-fledged moral agency of their members. The descriptivist question of whether a group can perform irreducibly joint intentional action need not rise and fall with the normative question of whether a group can be a moral agent. (shrink)

The question about the nature of art is at the centre of the philosophy of art. The thesis seeks to replace the two dominant approaches to this question in contemporary English-speaking philosophy--essentialism and descriptivism--with an historicist approach. The historicist approach I develop and defend holds that answers to the question "What is Art?" must take the form of localized cultural-historical narratives. ;This alternative approach is applied to write the history of the development of what I call "the modern conception (...) of art" in the early eighteenth century. A changing notion of art that emerges in Britain in this period is decisive for all later philosophy of art. Its genesis must be understood in a context of social, political and cultural changes. These changes deeply affected many people's conception of themselves and of their place in society. Social status becomes uncertain, and new criteria for the presentation of the self and evaluation of others emerge. Knowledge about art and the display of taste become indicators of social distinctions and thus criteria for social evaluation, replacing older notions of birth and rank. The modern conception of art emerges as part of new ideas of the presentation of the self, as part of a new ideal of edification. ;In contemporary philosophy of art, the evaluative contents of the conception of art--its historical and contemporary connection to notions of the moral and social order--are seldom discussed. Yet, as I show, these connections exist and have existed for a long time. At the centre of contemporary philosophy of art, therefore, there is a conception of art which is ideological in the sense that it treats the normative as factual and the historically contingent as the natural. Only a historical analysis of the kind I carry out is able to bring to light this aspect of the conception of art presupposed in contemporary philosophy of art. (shrink)

The common assumption is that if a group comprising moral agents can act intentionally, as a group, then the group itself can also be properly regarded as a moral agent with respect to that action. I argue, however, that this common assumption is the result of a problematic line of reasoning I refer to as “the collective fallacy.” Recognizing the collective fallacy as a fallacy allows us to see that if there are, in fact, irreducibly joint actors, then (...) some of them will lack the full-fledged moral agency of their members. The descriptivist question of whether a group can perform irreducibly joint intentional action need not rise and fall with the normative question of whether a group can be a moral agent. (shrink)

This paper discusses Jeffrey Stout's thesis that modern societies are "secular," not in the sense that religion has disappeared from them, but in a procedural sense having to do with what can properly be assumed by participants in moral or political discussion. I endorse this thesis, but argue that Stout employs a notion of justification (with regard to moral belief), which leans too far toward descriptivism or relativism. As an alternative account of the status of religion within (...) "the hypercontext, modernity," I commend Kant's view of the religious attitude as a fundamentally ethical one, destined eventually to dispense with any "historical vehicle" in the form of revealed doctrine or supernaturalism. Stout's discussion is weakened by its retreat from commitment to the unity of practical reason, though it does pay illuminating tribute to the democratic values of civility and attentiveness. (shrink)

Władysław Witwicki was first of all a psychologist, but he graduated in philosophy from Lvov University, being one of the earliest pupils of Kazimierz Twardowski. He was a representative of the descriptivistic branch of the Lvov-Warsaw School. In the area of phsychology he put into practice the important postulate of his teacher, who persuaded his students to write original handbooks, giving Polish scholar contributions their due: it is how the work on Witwicki's Psychology began. In the area of philosophy he (...) was particularly interested in the foundations of (descriptive) psychology. Witwicki's ontological and epistemological views are close to realism. In ethics he defended the absolute character of moral norms against scepticism and relativism. In general, Witwicki subscribed to anti-irrationalism, the common standpoint in his School. (shrink)

Meu principal objetivo, neste artigo, é analisar o problema da justificação moral para John Rawls, caracterizando a teoria da justiça como equidade como um sistema coerentista de justificação que conta com uma epistemologia coerentista holística, uma teoria do contrato social que introduz uma ontologia social e uma estratégia pragmatista de justificação na teoria contratualista. No escopo deste trabalho, examinarei o pressuposto pragmatista de justificação na teoria do contrato social, o qual faz uso do argumento da estabilidade social e legitimidade (...) política para garantir a validade da regra, isto é, dos princípios de justiça, a partir de dois artigos centrais para este debate: "Justice as Fairness: Political not Metaphysical" e "Reply to Habermas" § 1, 2. Um objetivo específico será o de mostrar a complementaridade entre o descritivismo e o prescritivismo nessa estratégia de justificação que possibilita a superação da dicotomia entre fato e valor. My main aim in this paper is to analyze the problem of moral justification in John Rawls, characterizing the theory of justice as fairness as a coherentist system of justification that relies on a holistic coherentist epistemology, a social contract theory that introduces a social ontology, and a pragmatist strategy of justification in contractarian theory. I will analyze the core characteristics of the pragmatic presupposition of justification in social contract theory, which uses the argument of social stability and political legitimacy as a guarantee of the legitimacy of the rules, that is, of the principles of justice. I will mainly make use of two articles relevant to this debate: "Justice as Fairness: Political not Metaphysical" and "Reply to Habermas" § 1, 2. A specific objective here is to show the complementarity between descriptivism and prescriptivism in this strategy of justification that allows an overcoming the fact/value dichotomy. (shrink)

In A Theory of Justice, John Rawls devised the method of reflective equilibrium in an attempt to broker consensus between ethical approaches emphasising individual moral judgements, and those emphasising moral principles, expanding this method in the later paper; “The Independence of Moral Theory”, to produce wide reflective equilibrium. In a number of essays compiled in Justice and Justification, Norman Daniels articulated a more comprehensive version of Rawls's methodology in response to something of a similar struggle within contemporary (...) bioethics, between those bioethical approaches emphasising individual moral judgements, those emphasising bioethical principles and those emphasising bioethical theory; the casuists, the principlists and the descriptivists respectively. In addition to the level of considered moral judgements and that of moral principles that comprise Rawls's reflective equilibrium, Daniels's model proposes a third level of interconnecting background theories in order to incorporate the three dominant strands of contemporary bioethics, to broker consensus between those whose considered moral judgements are in conflict, and to guard against the endpoint of the reflective equilibrium being overly determined by these judgements. However, it is unclear whether his method aids the objectives he set, or whether it in fact hinders them. (shrink)

While the modern revival of virtue ethics largely looks back to Aristotle, most, if not all, versions of this trend continue to be much indebted to and/or based upon specific mid‐twentieth‐century neo‐naturalist and descriptivist critiques of prevailing antinaturalist trends of that time: specifically, upon Anscombe's critique of the ethics of duty and utility and of the so‐called modern moral ought, and Geach's robust defence of the descriptive character of moral and other goodness. However, in the wake of further (...) critical attention to these neo‐naturalist claims, this paper argues that there can ultimately be no reliable or secure logical or empirical grounding of the virtues of inherently normative human moral life and conduct in the goods or virtues of effective or even beneficial natural function. (shrink)