In his first paper, ‘Must We Mean What We Say?’, Stanley Cavell defended the methods of ordinary language philosophy against various charges made by his senior colleague, Benson Mates, under the influence of the empirical semantics of Arne Naess.1 Cavell’s argument hinges on the claim that native speakers are a source of evidence for 'what is said' in language and, accordingly, need not base their claims about ordinary language upon evidence. In what follows, I maintain that this defence against empirical (...) semantics applies equally well to experimental philosophy's attack on doing philosophy from the armchair. In so doing, I attempt to clarify – and adjust – Cavell's claim that statements about ordinary language are rule-descriptions that are neither analytic nor synthetic. (shrink)

This essay argues that legal efficacy understood as existent binding force and as dominance of a system of coercion vis-à-vis competing systems is not strictly a matter of fact, but involves what can be termed justified normativity in a factual context. The argument is divided into four sections. The first three sections describe different dimensions of a normative concept of legal efficacy applied to legal systems: efficacy as persuasiveness, as indirect communication, and as constitutive obedience. The final section focuses on (...) the efficacy of individual norms and adds a new criterion – membership – which establishes a multi-layered test of efficacy. (shrink)

This work offers a challenge to the orthodox view that descriptive rules are non-normative and passive in their role and usage. It does so by arguing that, although lacking in normativity themselves, descriptive rules can be sources of normativity by way of the normative attitudes that can develop around them. That is, although descriptive rules typically depict how things are, they can also play a role in how things ought to be. In this way, the limited role that this type (...) of rule can play as either a basis for the development of normative reasons, or as explanatory reasons for action is identified and clarified. One desirable outcome of the analysis is a more complete view of what descriptive rules are and how they are utilized by agents. (shrink)

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

The paper distinguishes between two conceptions of kinds defined by constitutive rules, the one suggested by Searle, and the one invoked by Williamson to define assertion. Against recent arguments to the contrary by Maitra, Johnson and others, it argues for the superiority of the latter in the first place as an account of games. On this basis, the paper argues that the alleged disanalogies between real games and language games suggested in the literature in fact don’t exist. The paper relies (...) on Rawls’s distinction between types of practices and institutions defined by constitutive rules, and those among them that are actually in force, and hence are truly normative; it defends along Rawlsian lines that a plurality of norms apply to actual instances of rule-constituted practices, and uses this Rawlsian line to block the examples that Maitra, Johnson and others provide to sustain their case. (shrink)

Selon une thèse populaire en épistémologie contemporaine, une croyance est justifiée si, et seulement si, elle est une connaissance. Les défenseurs de cette thèse soutiennent également que la connaissance est la norme fondamentale de la croyance et que la conformité à cette norme est à la fois nécessaire et suffisante pour la justification. Je conteste l’affirmation selon laquelle la simple conformité à une norme suffit à justifier une croyance. La justification exige la conformité pour des raisons suffisantes et «invaincues». Une (...) conséquence de ceci est le rejet de la thèse selon laquelle la conformité à la norme de la croyance est nécessaire et suffisante pour la justification épistémique. (shrink)

Some philosophers have argued that a standard of correctness is constitutive of the concept or the essence of belief. By this claim they mean, roughly, that a mental state is a belief partially in virtue of being correct if and only if its content is true. In this paper I provide a new argument in support of the constitutivity of the correctness standard for belief. I first argue that the standard expresses a conceptual necessity. Then I argue that, since conceptual (...) necessities are such in virtue of some concept, the standard must also be necessary in virtue of some concept. Finally, I provide an argument by exclusion to the effect that the standard is necessary in virtue of the concept of belief. (shrink)