In “How Facts Make Law” and other recent work, Mark Greenberg argues that legal positivists cannot develop a viable constitutive account of law that meets what he calls the “the rational-relation requirement.” He argues that this gives us reason to reject positivism in favor of antipositivism. In this paper, I argue that Greenberg is wrong: positivists can in fact develop a viable constitutive account of law that meets the rational-relation requirement. I make this argument in two stages. First, I offer (...) an account of the rational-relation requirement. Second, I put forward a viable positivist account of law that I argue meets this requirement. The account that I propose is a version of Scott Shapiro’s Planning Theory of Law. The version of Shapiro’s account that I propose combines (1) the account of concepts and conceptual analysis put forward by David Chalmers and Frank Jackson with (2) the account of the concept LEGAL INSTITUTION (and its conceptual connections to the concept LEGAL NORM) that we get from a certain reading of Shapiro’s Planning Theory. In addition to providing a compelling response to Greenberg’s argument in “How Facts Make Law,” I argue that the explanation for why my response to Greenberg works underscores one of the central problems facing legal antipositivism: namely, its lack of a convincing account of the nature of legal institutions. (shrink)

There is a good deal of disagreement about composition. There is firstorder disagreement: there are radically different answers to the special composition question—the question of under what circumstances the xs compose a y. There is second-order disagreement: there are different answers to the question of whether first-order disagreement is real or merely semantic. Virtually all disputants with respect to both the first-and second-order issues agree that the answer or answers to the special composition question will take the form of a (...) necessary truth or truths even though, as I will argue, such answers do not appear to be good candidates to be necessary truths. This paper provides an analysis of the concept of as it pertains to concrete objects, that fulfils two functions. First, it explicates the sense in which claims about composition are contingent and the sense in which they are necessary, and second, it provides a way of understanding when first-order disputes are substantial and when they are merely semantic. (shrink)

Jackson argues that conceptual analysis plays a modest, albeit crucial, role in ‘serious metaphysics’: roughly, the project of demystifying phenomena we take to be mysterious by locating them in the natural world. This defence of conceptual analysis is associated with ‘the Canberra Plan’, a philosophical methodology that has its roots in the works of both Lewis :427–446, 1970, Australas J Philos 50:249–258, 1972) and Jackson. There is, however, a distinction to be drawn between conceptual analysis, as it is typically employed (...) in the Canberra plan, and a version of it defended by Jackson himself. In this paper, I elucidate this distinction, and employ examples from the history of science to argue the use of the former, but not the latter, incurs certain problems of conceptual change. Moreover, I also argue neither can be used to undertake serious metaphysics—the former because of the aforementioned problems, and the latter due to the machinery it employs to solve them. (shrink)

The biological race debate is at an impasse. Issues surrounding hereditarianism aside, there is little empirical disagreement left between race naturalists and anti-realists about biological race. The disagreement is now primarily semantic. This would seem to uniquely qualify philosophers to contribute to the biological race debate. However, philosophers of race are reluctant to focus on semantics, largely because of their worries about the ‘flight to reference’. In this paper, I show how philosophers can contribute to the debate without taking the (...) flight to reference. Drawing on the theory of reference literature and the history of meaning change in science, I develop some criteria for dealing with cases where there is uncertainty about reference. I then apply these criteria to the biological race debate. All of the criteria I develop for eliminating putative kinds are met in the case of ‘race’ as understood by twentieth century geneticist Theodosius Dobzhansky and his contemporary proponents, suggesting that we should eliminate it from our biological ontology. (shrink)

This paper aims to determine whether we can locate temporal passage in a non-dynamical (block universe) world. In particular, we seek to determine both whether temporal passage can be located somewhere in our world if it is non-dynamical, and also to home in on where in such a world temporal passage can be located, if it can be located anywhere. We investigate this question by seeking to determine, across three experiments, whether the folk concept of temporal passage can be satisfied (...) in our world if it is non-dynamical, and, if it can, what sort of thing in our world satisfies that concept. In particular, we focus on the question of whether that concept (if satisfied) is satisfied by something mind-dependent or something mind-independent. In other words, we ask, is temporal passage something that is at least partially in the mind, or is it entirely external to the mind? We find, contrary to what is often assumed by dynamists and non-dynamists alike, that the folk concept of temporal passage is satisfied in our world conditional on it being non-dynamical, and that the concept is satisfied by something mind-independent. This provides further ammunition for recent deflationary accounts of temporal passage that attempt to locate passage somewhere in our non-dynamical world. (shrink)

David Chalmers and Frank Jackson have promoted a strong program of conceptual analysis, which accords a significant philosophical role to the a priori analysis of concepts. They found this methodological program on an account of concepts using two-dimensional semantics. This paper argues that Chalmers and Jackson’s account of concepts, and the related approach by David Braddon-Mitchell, is inadequate for natural kind concepts as found in biology. Two-dimensional semantics is metaphysically faulty as an account of the nature of concepts and concept (...) possession. It is also methodologically flawed as a guideline for how to study scientific concepts. Proponents of two-dimensional semantics are criticized for not taking seriously semantic variation between persons and for failing to adequately account for the rationality of semantic change. I suggest a more pragmatic approach to natural kind term meaning, arguing that the epistemic goal pursued by a term’s use is an additional semantic property. (shrink)

The idea of a folk theory has played many important roles in much recent philosophy. To do the work they are designed for, they need to be both internal features of agents who possess them, and yet scrutable without the full resources of empirical cognitive science. The worry for the theorist of folk theories, is that only one of these desiderata is met in each plausible conception of a folk theory. This paper outlines a third conception that meets them both.1.

that there is something rationally or conceptually defective in judging that an act is right without being in any way motivated towards it—is one which has tended to lead either to error theories of ethics on the one hand, or acceptance of the truth of internalism on the other. This paper argues that it does play a kind of subject-setting role, but that our responses to cases can be rationalised without requiring that internalism is true for ethical realism to be (...) vindicated. Instead what is required is that something like internalism be believed to be true. The widespreadness of the internalist intuition is part of what makes it the case that some actions are right and others wrong. Of course these beliefs might be false—as the present author holds—consistent with ethical realism, just so long as they are widely held, and whatever else it takes to vindicate realism is the case. In such a situation, widespread false belief would be part of what makes it so that some acts are right, and others wrong. (shrink)

The extensive philosophical discussions and analyses in recent decades of function-talk in biology have done much to clarify what biologists mean when they ascribe functions to traits, but the basic metaphysical question—is there genuine teleology and design in the natural world, or only the appearance of this?—has persisted, as recent work both defending, and attacking, teleology from a Darwinian perspective, attest. I argue that in the context of standard contemporary evolutionary theory, this is for the most part a verbal, rather (...) than a substantive dispute: the disputants are talking past one another. To justify this claim I develop a general framework within which reductionist views, such as the standard ‘etiological’ account of biofunctions, occupy an intermediate position between what I call full-blooded realism and full-blooded anti-realism, and suggest that whether such views count as ‘realist’ views has no objective, theory-neutral answer. (shrink)

The theory of concepts advanced in the dissertation aims at accounting for a) how a concept makes successful practice possible, and b) how a scientific concept can be subject to rational change in the course of history. Traditional accounts in the philosophy of science have usually studied concepts in terms only of their reference; their concern is to establish a stability of reference in order to address the incommensurability problem. My discussion, in contrast, suggests that each scientific concept consists of (...) three components of content: 1) reference, 2) inferential role, and 3) the epistemic goal pursued with the concept's use. I argue that in the course of history a concept can change in any of these three components, and that change in one component—including change of reference—can be accounted for as being rational relative to other components, in particular a concept's epistemic goal.This semantic framework is applied to two cases from the history of biology: the homology concept as used in 19th and 20th century biology, and the gene concept as used in different parts of the 20th century. The homology case study argues that the advent of Darwinian evolutionary theory, despite introducing a new definition of homology, did not bring about a new homology concept (distinct from the pre-Darwinian concept) in the 19th century. Nowadays, however, distinct homology concepts are used in systematics/evolutionary biology, in evolutionary developmental biology, and in molecular biology. The emergence of these different homology concepts is explained as occurring in a rational fashion. The gene case study argues that conceptual progress occurred with the transition from the classical to the molecular gene concept, despite a change in reference. In the last two decades, change occurred internal to the molecular gene concept, so that nowadays this concept's usage and reference varies from context to context. I argue that this situation emerged rationally and that the current variation in usage and reference is conducive to biological practice.The dissertation uses ideas and methodological tools from the philosophy of mind and language, the philosophy of science, the history of science, and the psychology of concepts. (shrink)

I present and defend (1) an account of ethical judgments as judgments about our reasons to feel specific motivationally laden attitudes, (2) an account of what an agent should do in terms of what would achieve ends that she has reason to be motivated to pursue, and (3) an account of an agent’s reasons for motivation (and thus action) in terms of the prescriptions of the most fundamental principles that guide her deliberations. Using these accounts, I explain the connection between (...) ethics and reasons for action, how ethical judgments are both descriptive and intrinsically motivating, and how ethical facts arise from facts about agents’ deliberations. (shrink)