Uno de los temas de más profundo debate en la filosofía del derecho de los últimos años ha sido el de las maneras en que dar cuenta del fenómeno del desacuerdo entre operadores jurídicos y entre juristas a la hora de desentrañar el contenido del derecho y, por ende, de dar con la respuesta jurídica para controversias particulares. A partir del trabajo de Ronald Dworkin, el tema se ha convertido en un instrumento de intenso análisis crítico del positivismo jurídico y (...) consecuentemente ha generado diversos enfoques que intentan dar cuenta del fenómeno de manera armónica con las tesis positivistas centrales. Uno de estos enfoques, en particular, intenta afrontar este desafío ligando al positivismo con un análisis expresivista del discurso jurídico de primer orden; análisis análogo al que importantes autores abocados a la metaética contemporánea han propuesto para el discurso moral. En el presente trabajo presento los lineamientos centrales de este enfoque iusfilosófico, indagando tanto en algunas de sus virtudes como en algunas de sus mayores dificultades. (shrink)

If someone disagrees with my moral views, or more generally if I’m in a group of n people who all disagree with each other, but I don’t have any special evidence or basis for my epistemic superiority, then it’s at best a 1-in-n chance that my views are correct. The skeptical threat from disagreement is thus a kind of moral lottery, to adapt a similar metaphor from Sharon Street. Her own genealogical debunking argument, as I discuss, relies on a premise (...) of such disagreement among evolutionary counterparts. -/- In this paper, I resist the threat from disagreement by showing that, on some of the most influential and most attractive theories of content determination, the premise of moral disagreement cannot serve any skeptical or revisionary purposes. I examine and criticize attempts, made by Gilbert Harman and Sharon Street, to argue from disagreement to relativism by relying on a theory of content determination that involves a principle that, within certain constraints, maximizes the attribution to us of true beliefs. And I examine and criticize Robert Williams’s attempt to show there is moral disagreement by relying on a theory of content determination that involves a principle that instead maximizes the attribution to us of rationality. My overall aim is to defend commonsense moral realism via a careful look at the theory of content and concepts. (shrink)

MacIntyre argues that management embodies emotivism, and thus is inherently amoral and manipulative. His claim that management is necessarily Weberian is, at best, outdated, and the notion that management aims to be neutral and value free is incorrect. However, new forms of management, and in particular the increased emphasis on leadership which emerged after MacIntyre’s critique was published, tend to support his central charge. Indeed, charismatic and transformational forms of leadership seem to embody emotivism to a greater degree than do (...) more Weberian, bureaucratic forms of management; hence, MacIntyre’s central contention about our emotivistic culture seems to be well founded. Having criticised the details but defended the essence of MacIntyre’s critique of management, this paper sketches a MacIntyrean approach to management and leadership by highlighting the affinities between MacIntyre’s political philosophy and Greenleaf’s concept of servant leadership. (shrink)

Metaethical noncognitivists have trouble arriving at a respectable semantic theory for moral language. The goal of this article is to make substantial progress toward demonstrating that these problems may be overcome. Replacing the predominant expressivist semantic agenda in metaethics with a dynamic perspective on meaning and communication allows noncognitivists to provide a satisfying analysis of negation and other constructions that have been argued to be problematic for metaethical noncognitivism, including disjunctions. The resulting proposal preserves some of the key insights from (...) recent work on the semantics of expressivism while highlighting the widely neglected early noncognitivists' sympathies to the kind of dynamic story I intend to tell here. A comparison between the advertised dynamic semantic story and current proposals that treat expressivism as a pragmatic rather than semantic theory about moral language is provided. (shrink)

In this paper we analyze the uses and misuses of argumentation schemes from verbal classification, and show how argument from definition supports argumentation based on argument from verbal classification. The inquiry has inevitably included the broader study of the concept of definition. The paper presents the schemes for argument from classification and for argument from definition, and shows how the latter type of argument so typically supports the former. The problem of analyzing arguments based on classification is framed in a (...) structure that reveals the crucial role it plays in the persuasion process. The survey of the literature includes the work of Hastings, Perelman, Kienpointner and Schiappa, but still finds much of value in Aristotle. Lessons drawn from Aristotle’s Topics are shown to be useful for developing new tools for assessing definitions and arguments from definition. (shrink)

This essay focuses on the value of self-doubt in moral inquiry and in moral education. Using John Patrick Shanley’s play, Doubt: A parable, as illustration, it shows how self-doubt initiates and extends moral inquiry, highlights one’s epistemic fallibility and connects the inquirer to the virtue of humility. The essay draws on the work of Charles Sanders Peirce, Hullett, Nussbaum, Thayer-Bacon and Elbow to support the idea that the question ‘Am I wrong?’ is important for moral inquiry and for moral education.

In discussions of practical reason we often encounter the view that a fact is a reason for an agent to act only if the fact is capable of moving the agent to act. This view figures centrally in many philosophical controversies, and while taken for granted by some, it is vigorously disputed by others. In this essay I show that if the disputed position is correctly interpreted, it is well armored against stock objections and implied by a premise that is (...) not only plausible, but generally accepted by the position's critics. (shrink)

What are the implications of taking seriously Chaïm Perelman's proposition that “definitions are rhetorical”? Efforts to find Real Definitions are dysfunctional to the extent they direct argumentation toward pseudo “is” claims and away from explicit “ought” claims about how words are to be used. Addressing definitional disputes explicitly as propositions ofought rather thanis could put on the agenda the pragmatic concerns of definitional choice that might otherwise remain tacit.

Continuous sedation until death (CSD), the act of reducing or removing the consciousness of an incurably ill patient until death, often provokes medical-ethical discussions in the opinion sections of medical and nursing journals. A content analysis of opinion pieces in medical and nursing literature was conducted to examine how clinicians define and describe CSD, and how they justify this practice morally. Most publications were written by physicians and published in palliative or general medicine journals. Terminal Sedation and Palliative Sedation are (...) the most frequently used terms to describe CSD. Seventeen definitions with varying content were identified. CSD was found to be morally justified in 73 % of the publications using justifications such as Last Resort, Doctrine of Double Effect, Sanctity of Life, Autonomy, and Proportionality. The debate over CSD in the opinion sections of medical and nursing journals lacks uniform terms and definitions, and is profoundly marked by ‘charged language’, aiming at realizing agreement in attitude towards CSD. Not all of the moral justifications found are equally straightforward. To enable a more effective debate, the terms, definitions and justifications for CSD need to be further clarified. (shrink)

In recent years, several philosophers have recommended to moral realists that they adopt a hybrid cognitivist–expressivist moral semantics. Adopting a hybrid semantics enables the realist to account for the action-guiding character of moral discourse, and to account for the possibility of moral (dis)agreement between speakers whose moral sentences express different cognitive contents. I argue that realists should resist the temptation to embrace a hybrid moral semantics. In granting that moral judgments are partly constituted by conative attitudes, the realist concedes too (...) much to her anti-realist opponents: she concedes that, at its most fundamental level, moral disagreement is disagreement in attitude, and the resolution of deep moral disagreement is best guided by non-epistemic norms of inquiry. Furthermore, on a hybrid semantics, moral thought and truth ascriptions turn out to be more responsive to the conative contents of moral judgments than to the supposed propositional contents. Finally, a hybrid semantics makes it difficult to preserve the realist’s claim that moral truths are in a certain sense independent of appraisers’ attitudes. (shrink)

Learning the psychological origins of our moral judgments can lead us to lose confidence in them. In this paper I explain why. I consider two explanations drawn from existing literature—regarding epistemic unreliability and automaticity—and argue that neither is fully adequate. I then propose a new explanation, according to which psychological research reveals the extent to which we are disturbingly disunified as moral agents.

The debate between proponents and opponents of a role for empirical psychology in ethical theory seems to be deadlocked. This paper aims to clarify the terms of that debate, and to defend a principled middle position. I argue against extreme views, which see empirical psychology either as irrelevant to, or as wholly displacing, reflective moral inquiry. Instead, I argue that moral theorists of all stripes are committed to a certain conception of moral thought—as aimed at abstracting away from individual inclinations (...) and toward interpersonal norms—and that this conception tells against both extremes. Since we cannot always know introspectively whether our particular moral judgments achieve this interpersonal standard, we must seek the sort of self-knowledge offered by empirical psychology. Yet reflective assessment of this new information remains a matter of substantive normative theorizing, rather than an immediate consequence of empirical findings themselves. (shrink)

This paper explores the application of hinge epistemology to deep disagreement. Hinge epistemology holds that there is a class of commitments—hinge commitments—which play a fundamental role in the structure of belief and rational evaluation: they are the most basic general ‘presuppositions’ of our world views which make it possible for us to evaluate certain beliefs or doubts as rational. Deep disagreements seem to crucially involve disagreements over such fundamental commitments. In this paper, I consider pessimism about deep disagreement, the thesis (...) that such disagreements are rationally irresolvable, and ask whether the Wittgensteinian account of deep disagreement—according to which such disagreements are disagreements over hinge commitments—provides adequate support for pessimism. I argue that the answer to this question depends on what hinge commitments are and what our epistemic relation to them is supposed to be. I argue for two core claims. First, that non-epistemic theories of hinge commitments provide adequate support for pessimism. Nevertheless, such theories have highly implausible consequences in the context of deep disagreement. Secondly, at least one epistemic theory of hinge commitments, the entitlement theory, permits optimism about such disagreements. As such, while hinge epistemology is mainly pessimistic about deep disagreement, it doesn’t have to be. (shrink)

It is common to distinguish between disagreement in the state sense (being in disagreement) and disagreement in the activity sense (having a disagreement). This paper deals with the question of what it is for two people to have a disagreement. First, I present and reject the thesis according to which having a disagreement is a matter of expressing conflicting attitudes. I argue that this is not sufficient for having a disagreement: two people can express conflicting attitudes without having a disagreement. (...) Second, I present and reject the thesis according to which having a disagreement involves not only the expression of conflicting attitudes, but also the persuasive attempt to bring the other around to one’s view. I argue that this is not necessary for having a disagreement: two people can have a disagreement without trying to change each other’s minds. Finally, I put forward an alternative account that goes beyond the mere expression of conflicting attitudes, but that does not go as far as to posit the attempt to change someone’s mind. Having a disagreement, I submit, is a matter of expressing conflicting attitudes and demanding agreement, that is, advancing the normative claim that the other should share one’s attitude. (shrink)

Epistemic contextualists think that the extension of the expression ‘knows’ depends on and varies with the context of utterance. In the last 15 years or so this view has faced intense criticism. This paper focuses on two sorts of objections. The first are what I call the ‘linguistic objections’, which purport to show that the best available linguistic evidence suggests that ‘knows’ is not context-sensitive. The second is what I call the ‘disagreement problem’, which concerns the behaviour of ‘knows’ in (...) disagreement reports. These may not be the only objections to epistemic contextualism, but they are probably the most influential. I argue that the best current epistemic contextualist response to the linguistic objection is incomplete, and I show how it can be supplemented to deal with the full range of linguistic objections. I also develop a new solution to the disagreement problem. The upshot is that neither sort of objection gives us any reason to reject epistemic contextualism. This conclusion is, in a sense, negative—no new arguments for epistemic contextualism are advanced—but it’s a vital step towards rehabilitating the view. (shrink)

In this paper we present an analysis of persuasive definition based on argumentation schemes. Using the medieval notion of differentia and the traditional approach to topics, we explain the persuasiveness of emotive terms in persuasive definitions by applying the argumentation schemes for argument from classification and argument from values. Persuasive definitions, we hold, are persuasive because their goal is to modify the emotive meaning denotation of a persuasive term in a way that contains an implicit argument from values. However, our (...) theory is different from Stevenson’s, a positivistic view that sees emotive meaning as subjective, and defines it as a behavioral effect. Our proposal is to treat the persuasiveness produced by the use of emotive words and persuasive definitions as due to implicit arguments that an interlocutor may not be aware of. We use congruence theory to provide the linguistic framework for connecting a term with the function it is supposed to play in a text. Our account allows us to distinguish between conflicts of values and conflicts of classifications. (shrink)

Emotions have not received sufficient attention in business ethics. This paper identifies the positive role of emotions in human judgment and attitudes. It then argues that emotions as well as feelings on the part of managers and their employees can be positive forces for both business managers and for the organizations they lead. Allowing emotions a stronger role in business affairs could serve in putting a more human face on both managers and their organizations.

Informed consent to medical procedures tends to be construed in terms of principle-based ethics and one or other form of expected utility theory. These constructions leave problems created by imperfect communication; subjective distress and other emotions; imperfect knowledge and incomplete understanding; complexity, and previous experience or the lack of it. There is evidence that people giving consent to therapy or to research participation act intuitively and assess consequences holistically, being influenced more by the magnitude of outcomes than their probability. People (...) avoid decisions they may regret, but modern regret theory has received little attention in discussions of informed consent. This essay suggests ways in which regret may be acknowledged in the consent process and in the assessment of the information that is an intrinsic part of it. (shrink)

It is widely held, even among nonnaturalists, that the moral supervenes on the natural. This is to say that for any two metaphysically possible worlds w and w′, and for any entities x in w and y in w′, any isomorphism between x and y that preserves the natural properties preserves the moral properties. In this paper, I put forward a conceivability argument against moral supervenience, assuming non-naturalism. First, I argue that though utilitarianism may be true, and the trolley driver (...) is permitted to kill the one to save the five, there is a conceivable scenario that is just like our world in all natural respects, yet at which deontology is true, and the trolly driver is not permitted to kill the one to save the five. I then argue that in the special case of morality, it is possible to infer from the conceivability of such a scenario to its possibility. It follows that supervenience is false. (shrink)

It is often claimed that there is an explanatory divide between an expressivist account of normative discourse and a realist conception of normativity: more precisely, that expressivism and realism offer conflicting explanations of (i) the metaphysical structure of the normative realm, (ii) the connection between normative judgment and motivation, (iii) our normative beliefs and any convergence thereof, or (iv) the content of normative thoughts and claims. In this paper I argue that there need be no such explanatory conflict. Given a (...) minimalist approach to the relevant metaphysical and semantic notions, expressivism is compatible with any explanation that would be acceptable as a general criterion for realism. (shrink)

As the quality movement in health care now enters its fourth decade, the language of quality is ubiquitous. Practitioners, organizations, and government agencies alike vociferously testify their commitments to quality and accept numerous forms of governance aimed at improving quality of care. Remarkably, the powerful phrase ‘‘quality of care’’ is rarely defined in the health care literature. Instead it operates as an accepted and assumed goal worth pursuing. The status of evidence-based medicine, for instance, hinges on its ability to improve (...) quality of care, and efforts are made by both proponents and detractors to unpack the contents and outcomes of evidence-based practice while the contents of ‘‘quality of care’’ are presumed to be understood. Because the goals of medicine are far from obvious, this paper investigates the neglected term, ‘‘quality of care,’’ in an effort to understand what it is that health care practices are so uncritically assumed to be striving for. Finding lack of consensus on the terminology in the quality literature, I propose that the term operates rhetorically by way of persuasive appeal (and lack of descriptive meaning). Unsatisfied that ‘‘quality of care’’ operates as a mere buzzword in morally contentious debates over resource allocation and duties of care, I implore health care communities to go beyond mere commitments to quality and, instead, to focus attention on the difficult task of specifying what counts as quality care within an economically constrained health care system. (shrink)

In this article, I define a cultural epistemology as a set of socially reinforced assumptions about how knowledge and truth are produced. Unlike a philosophical epistemology, a cultural epistemology is largely the product of culture and largely invisible. As products of culture, cultural epistemology are relatively unquestioned and, in many cases, philosophically unsophisticated. There are three common types of cultural epistemologies, influenced by who holds power in a given society: an epistemological monarchy, an epistemological oligarchy and an epistemological democracy. A (...) given cultural epistemology subsequently influences the legitimacy of culture and government itself. I argue argue that Americans tend to hold an "epistemological democracy" with two distinct facets: a trust in consensus, linked to living in a democratic republic, and a trust in their own self-interest, linked to market economics and capitalism more generally. These two facets combine, interact, and even oppose each other to legitimize and challenge American culture and its political and economic systems. (shrink)

This inaugural handbook documents the distinctive research field that utilizes history and philosophy in investigation of theoretical, curricular and pedagogical issues in the teaching of science and mathematics. It is contributed to by 130 researchers from 30 countries; it provides a logically structured, fully referenced guide to the ways in which science and mathematics education is, informed by the history and philosophy of these disciplines, as well as by the philosophy of education more generally. The first handbook to cover the (...) field, it lays down a much-needed marker of progress to date and provides a platform for informed and coherent future analysis and research of the subject. -/- The publication comes at a time of heightened worldwide concern over the standard of science and mathematics education, attended by fierce debate over how best to reform curricula and enliven student engagement in the subjects There is a growing recognition among educators and policy makers that the learning of science must dovetail with learning about science; this handbook is uniquely positioned as a locus for the discussion. -/- The handbook features sections on pedagogical, theoretical, national, and biographical research, setting the literature of each tradition in its historical context. Each chapter engages in an assessment of the strengths and weakness of the research addressed, and suggests potentially fruitful avenues of future research. A key element of the handbook’s broader analytical framework is its identification and examination of unnoticed philosophical assumptions in science and mathematics research. It reminds readers at a crucial juncture that there has been a long and rich tradition of historical and philosophical engagements with science and mathematics teaching, and that lessons can be learnt from these engagements for the resolution of current theoretical, curricular and pedagogical questions that face teachers and administrators. (shrink)

In this contribution, I comment on Raffaella Campaner’s defense of explanatory pluralism in psychiatry (in this volume). In her paper, Campaner focuses primarily on explanatory pluralism in contrast to explanatory reductionism. Furthermore, she distinguishes between pluralists who consider pluralism to be a temporary state on the one hand and pluralists who consider it to be a persisting state on the other hand. I suggest that it would be helpful to distinguish more than those two versions of pluralism – different understandings (...) of explanatory pluralism both within philosophy of science and psychiatry – namely moderate/temporary pluralism, anything goes pluralism, isolationist pluralism, integrative pluralism and interactive pluralism. Next, I discuss the pros and cons of these different understandings of explanatory pluralism. Finally, I raise the question of how to implement or operationalize explanatory pluralism in scientific practice; how to structure the “genuine dialogue” or shape “the pluralistic attitude” Campaner is referring to. As tentative answers, I explore a question-based framework for explanatory pluralism as well as social-epistemological procedures for interaction among competing approaches and explanations. (shrink)

In his recent work, "The Collapse of the Fact-Value Dichotomy," Hilary Putnam traces the history of the fact-value dichotomy from Hume to Stevenson and Logical Positivism. The aim of this historical reconstruction is to undermine the foundations of the dichotomy, showing that it is of a piece with the dichotomy - untenable, as we know now - of "analytic" and "synthetic" judgments. Putnam's own thesis is that facts and values are "entangled" in a way that precludes any attempt to draw (...) a sharp distinction between "value judgments" and "matters of fact." The idea of an "entanglement of facts and values" Putnam rightly attributes to John Dewey, who - we should add - made of it the main issue in his controversy with Logical Positivism. Nevertheless, a closer inspection of the problem whose history Putnam summarizes could bring into light important aspects of it that have been neglected. It is worth reading in this connection the intercourse between Dewey and Stevenson. Secondly, it is striking that Putnam's version of the history of the fact-value dichotomy hardly mentions the problem that caused this very dichotomy to arise in the first place: i. e., the problem of insoluble moral disagreements. By contrast, Dewey's attack on the dualism of fact and value can be read as an attempt to redescribe this kind of disagreements in a way that makes room for intelligent inquiry, and consequently for rational expectations of agreement. The "entanglement thesis" surely is a part of this re-description. But then it must have implications - particularly for the analysis of value-justification - which are overlooked, or by-passed, by Putnam. This leaves the question open whether Putnam and Dewey subscribe to different versions of pragmatism with regard to norms and values. (shrink)