Online research in philosophy

What makes a norm a genuinely authoritative guide to action? For many theorists, the answer takes a foundationalist form, analogous to foundationalism in epistemology. They say that there is at least one norm that is justified in itself. On most versions, the norm is said to be incorrigibly authoritative. All other norms are justified in virtue of their connection with it. This essay argues that all such foundationalist theories of normative authority fail because they cannot give an account (...) of the privileged status of an allegedly foundational norm. (shrink)

One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that (...) dominant approach I put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (shrink)

Kant and Hegel share a common foundational idea: they believe that the authority of normative claims can be justified only by showing that these norms are self-imposed or autonomous. Yet they develop this idea in strikingly different ways: Kant argues that we can derive specific normative claims from the formal idea of autonomy, whereas Hegel contends that we use the idea of freedom not to derive, but to assess, the specific normative claims ensconced in our social (...) institutions and practices. Exploring these claims, I argue that each approach encounters certain difficulties. I then argue that Nietzsche develops a theory of normative authority that avoids these potential difficulties. Nietzsche’s theory proceeds, in part, by reconciling the most compelling aspects of the Kantian and Hegelian accounts—aspects that have seemed, to many interpreters, to be incompatible. The resultant theory generates a unique and fruitful account of normative authority. (shrink)

What makes an ``ought'''' claim authoritative? What makes aparticular norm genuinely reason-giving for an agent? This paper arguesthat normative authority can best be accounted for in terms of thejustification of norms. The main obstacle to such a theory, however, isa regress problem. The worry is that every attempt to offer ajustification for an ``ought'''' claim must appeal to another ``ought''''claim, ad infinitum. The paper argues that vicious regress canbe avoided in practical reasoning in the same way coherentists avoid (...) theproblem in epistemology. Norms are justified by their coherence withother norms. (shrink)

In the field of ?neurolaw?, reformists claim that recent scientific discoveries from the mind sciences have serious ramifications for how legal responsibility should be adjudicated, but conservatives deny that this is so. In contrast, I criticise both of these polar opposite positions by arguing that although scientific findings can have often-weighty normative significance, they lack the normative authority with which reformists often imbue them. After explaining why conservatives and reformists are both wrong, I then offer my own (...) moderate suggestions about what views we have reason to endorse. My moderate position reflects the familiar capacitarian idea which underlies much lay, legal, and philosophical thinking about responsibility ? namely, that responsibility tracks mental capacity. (shrink)

In this article I explore the hypothesis of normative authority by epistemic authority. This is the idea that scientifically warranted claims in psychology, in being claims about human needs, interests, and concerns, can acquire authority on which values do or do not merit endorsement. The hypothesis is applied to attachment research: it seems that on the basis of what is now known about attachment, specific normative conclusions seem warranted. I argue that although attachment research and (...) theory are value-laden, they are empirically quite solid, hence entitled to epistemic authority. Having established this, I explain how such epistemic authority carries over into normative authority. (shrink)

The article argues that theorists who try to justify 'ought'-claims, i.e., who try to show that a standard of behavior has normative authority, will run into a regress problem. The problem is similar in structure to the familiar regress in the justification of belief. The point of the paper is not skeptical. Rather, the aim is to help theorists better understand the challenges associated with formulating a theory of normative authority.

In The Sources of Normativity (1996) Christine Korsgaard provides a dialectical examination of different conceptions of the sources of normativity or reasons -- conceptions that appeal to voluntarism, realism, and reflective endorsement -- that culminates in her own Kantian or neo- Kantian conception of normativity that is grounded in autonomy. Her method is dialectical (Dialectical) inasmuch as her neo-Kantian conception is supposed to reveal the truth or grain of truth in each of the three prior conceptions. Korsgaard begins Lecture 1 (...) with a statement of the main problems that arise in connection with the normativity of ethics. She factors normative adequacy into answers to two kinds of problems (12-13). (shrink)

In “Vindicating the Normativity of Rationality,” Nicholas Southwood proposes that rational requirements are best understood as demands of one’s “first-personal standpoint.” Southwood argues that this view can “explain the normativity or reason-giving force” of rationality by showing that they “are the kinds of thing that are, by their very nature, normative.” We argue that the proposal fails on three counts: First, we explain why demands of one’s first-personal standpoint cannot be both reason-giving and resemble requirements of rationality. Second, the (...) proposal runs headlong into the now familiar “bootstrapping” objection that helped illuminate the need to vindicate the normativity of rationality in the first place. Lastly, even if Southwood is right—the demands of rationality just are the demands or our first-personal standpoints—the explanation as to why our standpoints generate reasons will entail that we sometimes have no reason at all to be rational. (shrink)

Thomas Nagel's The Possibility of Altruism (1970) is one of the few sustained attempts to reject instrumental and prudential conceptions of practical reason and to defend the possibility of practical reason that is impartial or altruistic. Nagel makes claims about both moral motivation and practical reason, and each claim has both negative and positive constituents.

Doubts about the adequacy of appeals to impartial practical reason give those with rationalist sympathies reason to explore the metaphysical, and not merely strategic, reconciliation of prudence and altruism contained in metaphysical egoism. Even if we recognize impartial practical reason, the supremacy of moral demands may depend upon the plausibility of metaphysical egoism. For as long as we recognize the demands of prudence, the conflict between altruism and prudence will threaten altruism's supremacy. We might consider one version of metaphysical egoism (...) that appeals to psychological reductionism about personal identity and exploits some Platonic and Aristotelian analogies between intrapersonal and interpersonal relations and concern. (shrink)

This is an age of naturalization projects. Much epistemological work has been done toward naturalizing theoretical reason. One might view Hume as seeking to naturalize reason in both the theoretical (roughly, epistemological) and the practical realms. I suggest that whatever else underlies the vitality of Hume's instrumentalism - encapsulated in his view that 'reason is and ought only to be the slave of the passions' - one incentive is the hope of naturalizing practical reason. This paper explores some broadly Humean (...) versions of instrumentalism that are among the most plausible contenders to represent instrumentalism as a contemporary naturalistic position. It first offers a taxonomy of reasons for action and, in that light, formulates a plausible version of instrumentalism. It then raises difficulties for the view, some of them concerning the nature of desire. It also develops an epistemologically significant comparison of desires with beliefs. Given the magnitude of the difficulties, it outlines an alternative account of practical reason. (shrink)

Philosophical Explorations, Volume 14, Issue 3, Page 229-235, September 2011.

In broad outlines, the first of these claims that beliefs and other cognitive states, on their own, can never motivate a new desire, intention, or action. Rather, on this view, what motivates us to desire, intend, or act is always the cooperation of some desire (or other conative state) with such cognitive states. Thus, on HTM, practical motivation is always the product of two fundamentally distinct categories of mental states operating in conjunction with one another.

The problem of authority may have a metaphysical side to it. Duties and wrongness seem to be serious things, perhaps a part of the furniture of the universe all the way out there in Plato's heaven, or anyway – even if not as serious as all that – still pretty serious indeed. And so, with Raz (2006, 2012), we can ask "Is it that easy to manufacture duties out of thin air?". But I do not think that this metaphysical (...) puzzle about authority is all that puzzling, for reasons to be mentioned in section 3. A more pressing.. (shrink)

What features does a norm have to have such that we really ought to follow it? This paper argues that norms are authoritative when they are justified in a particular sense. However, this brand of justification is not any of those with which we are currently familiar. The authority of norms is not a matter of moral, epistemic or prudential justification. It depends instead on what I call "justification simpliciter." The concept of justification simpliciter is defined and defended in (...) this paper. (shrink)

There are several important conceptual issues and questions about the practice of healthcare ethics that can, and should, inform the development of any practice standards. This paper provides a relatively short overview of seven of these issues, with the invitation for further critical reflection and examination of their relevance to and implications for practice standards. The seven issues described include: diversity (from the perspective of training and experience); moral expertise and authority/influence; being an insider or outsider; flexibility and adaptability (...) (for local contexts of practice); the relative weighting of procedural and normative aspects of ethics practice; making mistakes or errors; and conflicts of interest in practice. (shrink)

It has been argued - most prominently in Harry Frankfurt's recent work - that the normative authority of personal commitments derives not from their intrinsic worth but from the way in which one's will is invested in what one cares about. In this essay, I argue that even if this approach is construed broadly and supplemented in various ways, its intrasubjective character leaves it ill-prepared to explain the normative grip of commitments in cases of purported self-betrayal. As (...) an alternative, I sketch a view that focuses on intersubjective constraints of intelligibility built into social practices and on the pragmatics of how those norms are contested in an ongoing fashion. (shrink)

I argue that the "why be rational?" challenge raised by John Broome and Niko Kolodny rests upon a mistake that is analogous to the mistake that H.A. Pritchard famously claimed beset the “why be moral?” challenge. The failure to locate an independent justification for obeying rational requirements should do nothing whatsoever to undermine our belief in the normativity of rationality. I suggest that we should conceive of the demand for a satisfactory vindicating explanation of the normativity of rationality instead in (...) terms of the demand for a philosophical characterisation of rationality that can do something to explain why rational requirements are the kinds of things that are, by their very nature, normative. I consider several accounts that have recently been offered – the distinctive-object account, the proper functioning account, and the subjective reasons account – and argue that none succeeds in meeting this challenge. I then sketch a new account, the “first-personal authority account”, which holds that rational requirements are what I call “standpoint-relative demands” concerning the attitudes we ought to have and form; and that complying with rational requirements is a matter of honouring our first-personal authority as agents. I suggest that the first-personal authority account does a better job of meeting the challenge. (shrink)

The concept of authority crosses many social sciences, but there is a lack of common taxonomy and definitions on this topic. The aims of this review are: (1) to define the basic characteristics of the authority relationship, reaching a definition suitable for the different domains of social psychology and social sciences; (2) to bridge the gap between individual and societal levels of explanation concerning the authority relationship, by proposing an interpretation within the framework of social representations. The (...) authority relationship can be conceived as a negotiation of meanings and it is closely linked to shared value orientation and the attribution of meanings negotiated within a society. We assume that the authority relationship is socially constructed and represents both a shared representation of society and a normative principle of social life. A multidisciplinary approach is adopted, crossing definitions and studies provided in sociology, political science, law and social psychology. (shrink)

It has become increasingly common for legal positivist theorists to claim that the primary objective of legal theory in general, and legal positivism in particular, is "explaining normativity." The phrase "explaining normativity" can be understood either ambitiously or more modestly. The more modest meaning is an analytical exploration of what is meant by legal or moral obligation, or by the authority claims of legal officials. When the term is understood ambitiously - as meaning an explanation of how conventional and (...) other empirical facts can give rise to moral obligations - as many legal positivist theorists seem to be using the phrase, the project is contrary to basic tenets of legal positivism, and has regularly led theorists to propose doubtful theories that ignore "is"/"ought" divisions. (shrink)

Joseph Raz’s much discussed service conception of practical authority has recently come under attack from Stephen Darwall, who proposes that we instead adopt a second- personal conception of practical authority.1 We believe that the best place to start understanding practical authority is with a pared back conception of it, as simply a species of normative authority more generally, where this species is picked out merely by the fact that the normative authority in question (...) is authority in relation to action, rather than belief. We do not wish to deny that there might be properties of practical authority (as distinct from the species of authority that is concerned with belief) that are peculiar to it, but, unlike both Raz and Darwall, we do not believe that such features play a role in defining or delimiting practical authority. (shrink)

The two leading traditions of theorizing about democratic legitimacy are liberalism and deliberative democracy. Liberals typically claim that legitimacy consists in the consent of the governed, while deliberative democrats typically claim that legitimacy consists in the soundness of political procedures. Despite this difference, both traditions see the need for legitimacy as arising from the coercive enforcement of law and regard legitimacy as necessary for law to have normative authority. While I endorse the broad aims of these two traditions, (...) I believe they both misunderstand the nature of legitimacy. In this essay I argue that the legitimacy of a law is neither necessary nor sufficient for its normative authority, and I argue further that the need for legitimacy in law arises regardless of whether the law is coercively enforced. I thus articulate a new understanding of the legitimacy and authority of law. (shrink)

This paper defends Pragmatic Conceptual Analysis , a proposed empirical methodology for explicating philosophical concepts. This methodology attributes to our shared concepts whatever application conditions they would need to have in order best to continue delivering benefits in the ways they have regularly delivered benefits in the past. In the first stage of my argument I argue that Pragmatic Conceptual Analysis has what I call normative authority : we have practical and epistemic reason to adopt the explications that (...) it delivers even if we think doing so requires stipulative revisions in the meanings of our concepts. I then use this normative authority to argue that Pragmatic Conceptual Analysis also has what I call descriptive authority : when we understand concept-meaning in the way we ought to understand it (in the way licensed by the normative authority of Pragmatic Conceptual Analysis) we see that, rather than being revisionary, Pragmatic Conceptual Analysis is a semantically conservative tool that uncovers (what we should think of as being) the meanings our concepts already have. (shrink)

The problem I have in mind is the problem of the possible justification of subjecting one's will to that of another, and of the normative standing of demands to do so. The account of authority that I offered, many years ago, under the title of the service conception of authority, addressed this issue, and assumed that all other problems regarding authority are subsumed under it. Many found the account implausible. It is thin, relying on very few (...) ideas. It may well appear to be too thin, and to depart too far from many of the ideas that have gained currency in the history of reflection on authority. The present article modifies some aspects the account, and defends it against some criticism made against it. (shrink)

In Democratic Authority, David Estlund 2008 presents a major new defense of democracy, called epistemic proceduralism. The theory claims that democracy exercises legitimate authority in virtue of possessing a modest epistemic power: its decisions are the product of procedures that tend to produce just laws at a better than chance rate, and better than any other type of government that is justifiable within the terms of public reason. The balance Estlund strikes between epistemic and non-epistemic justifications of democracy (...) is open to question, both for its neglect of the roles of non-epistemic values of equality and collective autonomy in democracy, and for the ways his use of the public reason standard overshadows empirically based epistemic arguments for democracy. Nevertheless, Estlund presents telling critiques of rival theories and develops a sophisticated alternative that illuminates some central normative features of democracy. (shrink)

It is commonly held that Aristotle's views on politics have little relevance to the preoccupations of modern political theory with authority and obligation. Andres Rosler's original study argues that, on the contrary, Aristotle does examine the question of political obligation and its limits, and that contemporary political theorists have much to learn from him. Rosler takes his exploration further, considering the ethical underpinning of Aristotle's political thought, the normativity of his ethical and political theory, and the concepts of political (...) authority and obligation themselves. (shrink)

��Three concepts—authority, obedience and obligation—are central to understanding law and political institutions. The three are also involved in the legitimation of the state: an apology for the state has to make a normative case for the state’s authority, for its right to command obedience, and for the citizen’s obligation to obey the state’s commands. Recent discussions manifest a cumulative scepticism about the apologist’s task. Getting clear about the three concepts is, of..

The paper discusses the sense in which the changes undergone by normative economics in the twentieth century can be said to be progressive. A simple criterion is proposed to decide whether a sequence of normative theories is progressive. This criterion is put to use on the historical transition from the new welfare economics to social choice theory. The paper reconstructs this classic case, and eventually concludes that the latter theory was progressive compared with the former. It also briefly (...) comments on the recent developments in normative economics and their connection with the previous two stages. (Published Online April 18 2006) Footnotes1 This paper suspersedes an earlier one entitled “Is There Progress in Normative Economics?” (Mongin 2002). I thank the organizers of the Fourth ESHET Conference (Graz 2000) for the opportunity they gave me to lecture on this topic. Thanks are also due to J. Alexander, K. Arrow, A. Bird, R. Bradley, M. Dascal, W. Gaertner, N. Gravel, D. Hausman, B. Hill, C. Howson, N. McClennen, A. Trannoy, J. Weymark, J. Worrall, two annonymous referees of this journal, and especially the editor M. Fleurbaey, for helpful comments. The editor's suggestions contributed to determine the final orientation of the paper. The author is grateful to the LSE and the Lachmann Foundation for their support at the time when he was writing the initial version. (shrink)

The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, (...) I assess the normative critique of LCA, focusing predominantly on the arguments presented by its most incisive proponent Philip Soper. I defend a twofold conclusion. First, LCA, understood roughly along the lines put forward by Joseph Raz, is part of the most attractive analysis of law. Second, proponents of the normative critique, and in particular Soper, are committed to accepting LCA. (shrink)

Autonomy seems to require that we engage in practical deliberation and come to our own decisions regarding how we will act. Deference to authority, by contrast, seems to require that we suspend deliberation and do what the authority commands precisely because he or she commands it. How, then, could autonomy be compatible with deference to authority? In his critique of Razian instrumentalism, Stephen Darwall lays the groundwork for a distinctively contractualist answer to this question: the normative (...) force of an authoritative directive depends, he argues, on the addressee's free and rational acceptance of the reason addressed to her. But how are we to make sense of free and rational acceptance, when deference to authority requires that one relinquish deliberative discretion? I attempt to resolve this puzzle by outlining a conception of reasonable trust in authority, which, while contractualist in spirit, makes room for a core element of Raz's instrumentalist account. (shrink)

What is the proper task of Kantian ethical theory? This paper seeks to answer this question with reference to Kant's reply to Christian Garve in Section I of his 1793 essay on Theory and Practice . Kant reasserts the distinctness and natural authority of our consciousness of the moral law. Every mature human being is a moral professional—even philosophers like Garve, if only they forget about their ill-conceived ethical systems and listen to the voice of pure practical reason. (...) class='Hi'>Normative theory, Kant argues, cannot be refuted with reference to alleged experience. It is the proper task of the moral philosopher to emphasize this fact. The paper also discusses Kant's attempts to clarify his moral psychology, philosophy of value and conception of the highest good in the course of replying to Garve's challenge. Key Words: Christian Garve • ethical theory and practice • Immanuel Kant • moral psychology • theory of value. (shrink)

This thesis is a critique of the prominent strand of contemporary liberal political theory which maintains that liberal political authority must, in some sense, rest on the free consent of those subjected to it, and that such a consensus is achieved if a polity’s basic structure can be publicly justified to its citizenry, or to a relevant subset of it. Call that the liberal legitimacy view. I argue that the liberal legitimacy view cannot provide viable normative foundations for (...) political authority, for the hypothetical consensus it envisages cannot be achieved and sustained without either arbitrarily excluding conspicuous sectors of the citizenry or commanding a consent that is less than free. That is because the liberal legitimacy view’s structure is one that requires a form of consent that carries free-standing normative force (i.e. normative force generated by voluntariness), yet the particular form of hypothetical consent through public justification envisaged by the view does not possess such force, because of its built-in bias in favour of liberalism. I also argue that the liberal legitimacy view is the most recent instantiation of one of two main strands of liberal theory, namely the nowadays dominant contract-based liberalism, which seeks to ground liberal political authority in a hypothetical agreement between the citizens. My case against the liberal legitimacy view, then, contributes to the revitalisation of the other main approach to the normative foundations of liberalism, namely the substantivist one, which legitimates liberal political authority through an appeal to the substantive values and virtues safeguarded and promoted by liberal polities. (shrink)

This challenging and provocative book argues against much contemporary orthodoxy in philosophy and the social sciences by showing why objectivity in the domain of ethics is really no different from the objectivity of scientific knowledge. Many philosophers and social scientists have challenged the idea that we act for objectively authoritative reasons. Jean Hampton takes up the challenge by undermining two central assumptions of this contemporary orthodoxy: that one can understand instrumental reasons without appeal to objective authority, and that the (...) adoption of the scientific world view requires no such appeal. In the course of the book Jean Hampton examines moral realism, the general nature of reason and norms, internalism and externalism, instrumental reasoning, and the expected utility model of practical reasoning. The book is sure to prove to be a seminal work in the theory of rationality that will be read by a broad swathe of philosophers and social scientists. (shrink)

This paper examines Moran’s argument for the special authority of the first-person, which revolves around the Self/Other asymmetry and grounds dichotomies such as the practical vs. theoretical, activity vs. passivity, and justificatory vs. explanatory reasons. These dichotomies qualify the self-reflective person as an agent, interested in justifying her actions from a deliberative stance. The Other is pictured as a spectator interested in explaining action from a theoretical stance. The self-reflective knower has authority over her own mental states, while (...) the Spectator does not. I highlight the implications of this construal for a theory of action, and call attention onto some other interesting normative relations between the self-reflective agent and the Other that escape both the first-person and the third-person approach. My contention is that the authority of self-reflection (and of reason) is best understood as a relation of mutual recognition between self and others, hence from a second-person stance. (shrink)

In Kelsen's formalist and reductionist theory of law, the concepts of `authority' and `competence' may be explained exclusively in terms of those norms on which the validity of other legal norms or of legal acts is dependent. Kelsen describes the nature of these norms in different ways; at least three different conceptions can be distinguished. A rational reconstruction of the most plausible of these conceptions will understand sentences expressing such `norms of competence' either to state truth conditions for (...) class='Hi'>normative sentences of a lower level or to state criteria for an act to be a legal act. In both functions, norms of competence regulate the creation of normative facts. (shrink)

Work in Argumentation Studies (AS) and Studies in Expertise and Experience (SEE) has been proceeding on converging trajectories, moving from resistance to expert authority to a cautious acceptance of its legitimacy. The two projects are therefore also converging on the need to account for how, in the course of complex and confused civic deliberations, nonexpert citizens can figure out which statements from purported experts deserve their trust. Both projects recognize that nonexperts cannot assess expertise directly; instead, the nonexpert must (...) judge whether to trust the expert. But how is this social judgment accomplished? A normative pragmatic approach from AS can complement and extend the work from SEE on this question, showing that the expert’s putting forward of his view and “bonding” it with his reputation for expertise works to force or “blackmail” his audience of citizens into heeding what he says. Appeals to authority thus produce the visibility and accountability we want for expert views in civic deliberations. (shrink)

How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral (...) obligation producing: if x (e.g., a person, institution, or law) has authority over an agent, then the directives of x produce a significant reason for the agent to comply with the terms of the directive. This paper concerns the sense in which international law, and the law of nascent legal systems generally, generate moral obligations for their subjects, i.e., for those who fall under their claimed jurisdiction. (shrink)

Imperatives occur ubiquitously in natural languages. They produce forces which change the addressee’s cognitive state and regulate her actions accordingly. In real life we often receive conflicting orders, typically, issued by various authorities with different ranks. A new update semantics is proposed in this paper to formalize this idea. The general properties of this semantics, as well as its background ideas are discussed extensively. In addition, we compare our framework with other approaches of deontic logics in the context of (...) class='Hi'>normative conflicts. (shrink)

In this article we trace the evolution of the Israel Broadcasting Authority's (IBA) code of ethics through 5 permutations between 1972 and 1998. We question whether the code is the outcome of a search for ethical and professional guidelines or a means of protecting the IBA from external pressures. Since 1972 the code has become more detailed, reflecting ethical, organizational, and political sensitivities. We conclude that the result of these changes has been the crystallization and implementation of normative (...) ethical guidelines for Israeli public broadcasting. (shrink)

Abstract This paper offers a critique of Christine Korsgaard?s interpretation of Kantian instrumental reason. Korsgaard understands Kantian hypothetical imperatives to share a common normative source with the categorical imperative ? namely self-legislating, human rational agency. However, her reading of Kantian hypothetical imperatives is problematic for three reasons. Firstly, Korsgaard?s agent-centred approach renders incoherent Kant?s analytic-synthetic division. Secondly, by minimising the dualistic framework of Kant?s practical philosophy the dialectical character of practical rationality is lost: norms of instrumental reasoning therefore become (...) confused with those of moral reasoning. Thirdly, this in turn curtails the distinct critical authority of pure practical rationality over instrumental choice. The paper argues that we need to understand the normativity of instrumental rationality through the lens of Kant?s dualisms. An alternative interpretation is offered which highlights how the norms of hypothetical imperatives appeal to standards of theoretical cognition and practical efficiency rather than the self-legislative demands of pure practical reason. (shrink)

Peter Winch, in his political philosophy, wanted to rethink the concepts of political authority, legitimacy and political culture, with a starting point in Wittgensteinian ideas. This essay brings together Winch's thoughts on political authority. Developing insights from Wittgenstein's work on certainty, Winch emphasised the unstated background behind any normative stand concerning authority. Ideas of legitimacy and civil society are formed within historically specific political cultures. In the 1990s, Winch was increasingly inclined to emphasise disagreement, which was (...) related to his developing views on understanding, logic and reasoning. This development is traced, in part, on the basis of unpublished lecture notes. (shrink)

Normative questions concerning political authority and political obligation are widely seen as central questions of political philosophy. Current global transformations require an innovative response from normative political thinking about these two topics. In light of a concrete example of the supranational forms of authority and obligation that have been and are emerging beyond the national state and beyond the traditional domains of international law, I lay out what has become the standard approach to authority and (...) obligation and indicate why this approach is inadequate in contemporary circumstances. I sketch an alternative approach and suggest how the most promising exemplar of this kind, Habermas’ discourse theory of law and politics, can better deal with the example. Having thus made plausible the advantages of the discourse theory of the alternative approach, I end with an ‘internal’ critique of Habermas’ own recent writings on the global political order. (shrink)

An assumed core of normative ethical principles may constitute a philosophically proper framework within which public policy should be formulated, but it seldom provides any substantive solutions. To generate public policy on bioethical issues, participants still need to confront underlying philosophical controversies. Professional philosophers' proper role in that process is to clarify major philosophical options, to press wider-ranging concistency questions, and to bring more parties into the philosophical debate itself by arguing for particular substantive claims. Though questions of fact (...) that mediate final policy conclusions frequently fall outside philosophical competence, one sort of fact, lack of political support, should seldom cause philosophers to stand aside; philosophers still have an important role as critics of culture, politics, and profession. They have no authority, however, on even the philosophical presuppositions of public policy. Keywords: bioethics, philosophy, public policy CiteULike Connotea Del.icio.us What's this? (shrink)

This innovative study examines the authority constituting the European Union. It claims that the type of power constituting a transnational regime transcends traditional forms of constitutional legality. It argues that the European constitutional project is out of step with the normative make-up of such a regime. It is to be feared, indeed, that the adoption of a Constitution for Europe would create a smokescreen obscuring a new and disturbing reality. -/- Drawing on the ancient tradition of linking different (...) types of political power with the composition of the citizen's soul, the book explains that a transnational regime is based on an understanding of citizenship that is different from that underlying a constitutional democracy. Citizens are deemed to be essentially separate from one another. They abandon the larger society to itself and pursue their good in the private sphere. In place of trust and reliance in their own power to bring about change through common action, they hope to benefit from entrusting "problem-solving" to international networks of expertise. Essentially, citizens of this kind exhibit a strong commitment to individualism. -/- The book shows how individualism is reflected in the regulatory authority that the Union claims for itself, in particular as regards the regulation of the internal market. (shrink)

The rehabilitation of the concept of authority is one of the more contentious positions advocated by Gadamer in Truth and Method (1960). Habermas in particular challenged the universality of Gadamer’s hermeneutic project by presenting this rehabilitation as a conservative legitimation of prevailing prejudices which truncates the role of critical reflection. Given that Gadamer’s primary focus is upon the ramifications of the Enlightenment dichotomy between reason and authority for historical hermeneutics, however, and that his examples are drawn primarily from (...) educational domains, the extent to which his account of authority sustains a political interpretation is far from self-evident. In this article I argue that Gadamer’s account can nonetheless make at least two important contributions to contemporary philosophical debates on political authority. Following a brief exposition of Gadamer’s account of authority in Truth and Method, I examine his suggestion that the basis of legitimate political authority is to be found in the normative status of the right to be authoritative, rather than in the factual status of being in a position of authority. This account, I suggest, places in question the abstract dichotomy between theoretical and practical authority which informs much contemporary debate on political authority. I then demonstrate how Gadamer’s emphasis upon the historicity of tradition offers important insights for discussions of the relation between political authority and moral autonomy. (shrink)

Compelling research in international relations and international political economy on global warming suggests that one part of any meaningful effort to radically reverse current trends of increasing green house gas (GHG) emissions is shared policies among states that generate costs for such emissions in many if not most of the world’s regions. Effectively employing such policies involves gaining much more extensive global commitments and developing much stronger compliance mechanism than those currently found in the Kyoto Protocol. In other words, global (...) warming raises the prospect that we need a global form of political authority that could coordinate the actions of states in order to address this environmental threat. This in turn suggests that any serious effort to mitigate climate change will entail new limits on the sovereignty of states. In this book I focus on the normative question of whether or not we have clear moral reasons to bind ourselves together in such a supranational form of political association. I argue that one can employ familiar liberal arguments for the moral legitimacy of political order at the state level to show that we do have a duty to support such a global political project. Even if one adopts the premises employed by the most influential forms of liberal scepticism to the ideas of global political and distributive justice, such as those advanced by John Rawls and Thomas Nagel, it is clear that the threat of global warming has expanded the scope of justice. We now have a global and demanding duty of justice to create the political conditions that would allow us to collectively address our impact on the Earth’s atmosphere. (shrink)

Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others associate it (...) with the justification, or at least the sanctioning, of existing political authority. Authority stands for a right to rule—a right to issue commands and, possibly, to enforce these commands using coercive power. An additional question is whether legitimate political authority is understood to entail political obligations or not. Most people probably think it does. But some think that the moral obligation to obey political authority can be separated from an account of legitimate authority, or at least that such obligations arise only if further conditions hold. (shrink)

This paper considers normative naturalism, understood as the view that (i) normative sentences are descriptive of the way things are, and (ii) their truth/falsity does not require ontology beyond the ontology of the natural world. Assuming (i) for the sake of argument, I here show that (ii) is false not only as applied to ethics, but more generally as applied to practical and epistemic normativity across the board. The argument is a descendant of Moore's Open Question Argument and (...) Hume's Is-Ought Gap. It goes roughly as follows: to ensure that natural ontology suffices for normative truth, there must be semantically grounded entailments from the natural truths to the normative truths. There are none. So natural ontology does not suffice for normative truth. (shrink)

Recent social psychology is skeptical about self-knowledge. Philosophers, on the other hand, have produced a new account of the source of the authority of self-ascriptions. On this account, it is not descriptive accuracy but authorship which funds the authority of one's self-ascriptions. The resulting view seems to ensure that self-ascriptions are authoritative, despite evidence of one's fallibility. However, a new wave of psychological studies presents a powerful challenge to the authorship account. This research suggests that one can author (...) one's attitudes, but one's self- ascriptions may lack authority. I present this new challenge from social psychology and use it to argue that first-person authority is agential authority: one's self-ascriptions are authoritative, in part anyway, because they are reliable expressions of those attitudes that govern further choices and behavior. (shrink)

To many it seems obvious that normativity or justification depends upon desire. Few answers to the question, ‘Why should I?’ seem more natural than ‘Because I want to,’ and if we are told, ‘You should do this,’ there is something natural about the objection, ‘But I don’t want to, so why?’ I believe that the very nature of normativity can be comprehensively explained in terms of desire: the mysterious ‘force’ of value, reasons, and obligation are explicable by appeal to the (...) ‘force’ of our motivating psychological states. This desire-based normativity (DBN) thesis faces serious difficulties, however, that seem insuperable to most sophisticated minds who contemplate them. I remain convinced that DBN is correct, although as yet unvindicated. This paper seeks to lay the cornerstone of what could prove a successful strategy, sketching an Argument from Voluntary Response that is based on the autonomous character of our experience of normative authority and the voluntary character of our responses to it. (shrink)

In earlier work I have claimed that emotion and some emotions are not `natural kinds'. Here I clarify what I mean by `natural kind', suggest a new and more accurate term, and discuss the objection that emotion and emotions are not descriptive categories at all, but fundamentally normative categories.

The paper deals with a charge that is often made against consequentialist moral theories: that they are unacceptably demanding. This is called the Overdemandingness Objection. The paper first distinguishes three interpretations of the Objection as based on the three dimensions of moral demands: scope, content, and authority. It is then argued that neither the scope, nor the content-based understanding of the Objection is viable. Constraining the scope of consequentialism is neither helpful, nor justified, hence the pervasiveness of consequentialism cannot (...) be the ground for the Objection. Although recent approaches interpret the Objection as a claim about the excessively demanding content of consequentialism, it is argued that the stringency of consequentialism is also unproblematic insofar as demandingness is concerned. These results show that the only way to put the Objection is by focusing on the inescapability of consequentialism. The Objection thus takes the following form: consequentialism is overdemanding because it requires us, with decisive force, to do things that we do not have decisive reason to perform. However, in the last part of the paper it is shown that defending this interpretation of the Objection is at best an open-ended and perilous enterprise. The paper concludes that the case for authority is weak: although this is the only defensible way to advocate the Objection, its successful defence depends on the truth of further substantial philosophical positions. (shrink)

Aristotle thought we are by nature political animals, but the state-of-nature tradition sees political society not as natural but as an artifice. For this tradition, political society can usefully be conceived as emerging from a pre-political state of nature by the exercise of innate normative powers. Those powers, together with the rest of our native normative endowment, both make possible the construction of the state, and place sharp limits on the state's just powers and prerogatives. A state-of-nature theory (...) has three components. One is an account of the native normative endowment, or “NNE.” Two is an account of how the state is constructed using the tools included in the NNE. Three is an account of the state's resulting normative endowment, which includes a (purported) moral power to impose duties of obedience. State-of-nature theories disagree about the NNE. For Locke, it included a “natural executive right” to punish wrongdoing. Recent social scientific findings suggest a quite different NNE. Contrary to Locke, people do not behave in experimental settings as one would predict if they possessed a “natural executive right” to punish wrongdoing. Moral reproof is subject to standing norms. These norms limit the range of eligible reprovers. The social science can support two claims. One, is that the NNE is (as Aristotle held) already political. The other is that political authority can be re-conceived as a matter of standing—that is, as the state's unique moral permission coercively to enforce moral norms, rather than as a moral power to impose freestanding duties of obedience. (shrink)

This paper concerns non-causal normative explanations such as ‘This act is wrong because/in virtue of__’ (where the blank is often filled out in non-normative terms, such as ‘it causes pain’). The familiar intuition that normative facts aren't brute or ungrounded but anchored in non-normative facts seems to be in tension with the equally familiar idea that no normative fact can be fully explained in purely non-normative terms. I ask whether the tension could be resolved (...) by treating the explanatory relation in normative explanations as the sort of ‘grounding’ relation that receives extensive discussion in recent metaphysics. I argue that this would help only under controversial assumptions about the nature of normative facts, and perhaps not even then. I won't try to resolve the tension, but draw a distinction between two different sorts of normative explanations (one concerning ‘bearers’, the other concerning ‘sources’ of normativity) which helps to identify constraints on a resolution. One distinctive constraint on normative explanations in particular might be that they should be able to play a role in normative justification. (shrink)

In this paper, I argue that ad hominem arguments are not always fallacious. More explicitly, in certain cases of practical reasoning, the circumstances of a person are relevant to whether or not the conclusion should be accepted. This occurs, I suggest, when a person gives advice to others or prescribes certain courses of action but fails to follow her own advice or act in accordance with her own prescriptions. This is not an instance of a fallacious tu quoque provided that (...) such circumstantial ad hominem arguments are construed as rebuttals to appeals (administrative) authority (of expertise), or so I argue. (shrink)

Donald Davidson's theory of mind is widely regarded as a normative theory. This is a something of a confusion. Once a distinction has been made between the categorisation scheme of a norm and the norm's force-maker, it becomes clear that a Davidsonian theory of mind is not a normative theory after all. Making clear the distinction, applying it to Davidson's theory of mind, and showing its significance are the main purposes of this paper. In the concluding paragraphs, a (...) sketch is given of how a truly normative Davidsonian theory of mind might be formulated. (shrink)

The impact of science on ethics forms since long the subject of intense debate. Although there is a growing consensus that science can describe morality and explain its evolutionary origins, there is less consensus about the ability of science to provide input to the normative domain of ethics. Whereas defenders of a scientific normative ethics appeal to naturalism, its critics either see the naturalistic fallacy committed or argue that the relevance of science to normative ethics remains undemonstrated. (...) In this paper, we argue that current scientific normative ethicists commit no fallacy, that criticisms of scientific ethics contradict each other, and that scientific insights are relevant to normative inquiries by informing ethics about the options open to the ethical debate. Moreover, when conceiving normative ethics as being a nonfoundational ethics, science can be used to evaluate every possible norm. This stands in contrast to foundational ethics in which some norms remain beyond scientific inquiry. Finally, we state that a difference in conception of normative ethics underlies the disagreement between proponents and opponents of a scientific ethics. Our argument is based on and preceded by a reconsideration of the notions naturalistic fallacy and foundational ethics. This argument differs from previous work in scientific ethics: whereas before the philosophical project of naturalizing the normative has been stressed, here we focus on concrete consequences of biological findings for normative decisions or on the day-to-day normative relevance of these scientific insights. (shrink)

The Social Theory of Practices effectively criticized conceptions of social practices as rule-governed or regularity-exhibiting performances. Turner’s criticisms nevertheless overlook an alternative, "normative" conception of practices as constituted by the mutual accountability of their performances. Such a conception of practices also allows a more adequate understanding of normativity in terms of accountability to what is at issue and at stake in a practice. We can thereby understand linguistic practice and normative authority without having to posit stable meanings, (...) rules, norms, or presuppositions underlying the manifest diversity of social life. Key Words: normativity • practices • rules • language. (shrink)

abstract This article briefly examines Onora O'Neill's account of the relation between normative principles and practical ethical problems with an eye to suggesting that philosophers of practical ethics have reason to adopt fairly high moral ambitions to be edifying and instructive both as educators and as advisors on public policy debates.

Mill’s aim in chapter 3 of Utilitarianism is to show that his revisionary moral theory can preserve the kind of authority typically and traditionally associated with moral demands. One of his main targets is the idea that if people come to believe that morality is rooted in human sentiment then they will feel less bound by moral obligation. Chapter 3 emphasizes two claims: (1) The main motivation to ethical action comes from feelings and not from beliefs and (2) Ethical (...) feelings are highly malleable. I provide a critical examination of Mill’s use of these claims to support his argument that Utilitarianism can preserve morality’s authority. I show how the two claims, intended to form a significant rebuttal to the worry about Utilitarianism, can in fact be combined to raise powerful skeptical concerns. I explain how Mill evades the skepticism, and why contemporary philosophers who lack Millian optimism about human nature find it harder to avoid the skeptical outcome. (shrink)

In this paper I characterize the problem of first-person authority as it confronts the proponent of the belief box conception of belief, and I develop the groundwork for a belief box account of that authority. If acceptable, the belief box account calls into question (by undermining a popular motivation for) the thesis that first-person authority is not to be traced to a truth-tracking relation between first-person opinions themselves and the beliefs which they are about.

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

This essay addresses the relationship between Kant's theory of moral motivation and theories of normativity. Constructivist or "ideal agent" theories of normativity claim that what makes a principle normative is that rational agents endorse or possess a motive of a certain kind to comply with it, or that they endorse or possess such a motive to comply with it insofar as they are rational. Korsgaard has argued that Kant's "motivational analysis" of the concept of obligation in Grundlegung I provides (...) an argument for such a constructivist theory of normativity. In this examination of Korsgaard's argument, I defend two important modifications of the concept of "intrinsic normativity" and suggests that once these modifications are made, the motivational analysis argument fails to establish the constructivist claim that the normative authority of the supreme principle of morality is constituted by or depends solely upon agents' motivational states. While Kant's motivational analysis helps to reveal the nature of the alleged internal relation between the supreme principle of morality and the nature of the rational will, it does not demand the adoption of a constructivist theory of normativity. (shrink)

Externalism in the philosophy of mind is threatened by the view that subjects are authoritative with regard to the contents of their own intentional states. If externalism is to be reconciled with first-person authority, two issues need to be addressed: (a) how the non-evidence-based character of knowledge of one's own intentional states is compatible with ignorance of the empirical factors that individuate the contents of those states, and (b) how, given externalism, the non-evidence-based character of such knowledge could place (...) its subject in an authoritative position. This paper endorses a standard strategy for dealing with (a). The bulk of the paper is devoted to (b). The aim is to develop an account of first-person authority for a certain class of intentional states that is capable of explaining (1) why knowledge of one's own intentional states is peculiarly authoritative, and (2) why such authority is compatible with externalism. (shrink)

We present the inconsistency-adaptive deontic logic DP r , a nonmonotonic logic for dealing with conflicts between normative statements. On the one hand, this logic does not lead to explosion in view of normative conflicts such as O A ∧ O ∼A, O A ∧ P ∼A or even O A ∧ ∼O A. On the other hand, DP r still verifies all intuitively reliable inferences valid in Standard Deontic Logic (SDL). DP r interprets a given premise set (...) ‘as normally as possible’ with respect to SDL. Whereas some SDL-rules are verified unconditionally by DP r , others are verified conditionally. The latter are applicable unless they rely on formulas that turn out to behave inconsistently in view of the premises. This dynamic process is mirrored by the proof theory of DP r. (shrink)

McDowell argues that the shortcomings of recent theories of experience are the product of the modern scientistic conception of nature. Reconceive nature, he suggests, and we can explain how perceptual experience can be an external constraint on thought that, moreover, has conceptual import. In this article I argue that McDowell’s project is unsuccessful. Those wishing to construct normative theories, including theories of perceptual experience, face the normative trilemma—they must choose one of three styles of theory, each of which (...) exhibits a distinctive weakness. If we view McDowell’s approach in light of this choice, we see that he cannot adequately explain the link between experience and the world itself. I conclude that the real problem with theories of experience flows not from scientistic naturalism, but rather from the inconsistent demands we place on normative theories in general.McDowell soutient que les défauts des théories récentes sur l’expérience sont engendrés par la position scientifique moderne sur la nature. En reconcevant la nature, suggère-t-il, on est en mesure d’expliquer comment l’expérience sensorielle peut être une contrainte extérieure sur la pensée, contrainte qui joue, de plus, un rôle conceptuel. Je soutiens dans cet article que le projet de McDowell se solde par un échec. Ceux qui souhaitent élaborer des théories normatives, y compris des théories sur l’expérience sensorielle, font face au trilemme normatif — ils doivent choisir un type de théorie parmi trois types qui trahissent tous une faiblesse particulière. Si l’on envisage la démarche de McDowell dans la perspective de ce choix, on s’aperçoit qu’il ne peut expliquer de manière satisfaisante le lien entre l’expérience et le monde lui-même. J’en conclus que le véritable problème des théories sur l’expérience ne découle pas du naturalisme scientifique, mais plutôt des exigences incohérentes auxquelleson soumet les théories normatives en général. (shrink)

Political authority is the moral power to impose moral duties upon a perhaps unwilling citizenry. David Enoch has proposed that authority be understood as a matter of "robust" duty-giving. This paper argues that Enoch's conditions for attempted robust duty- or reason-giving are, along with his non-normative success condition, implausibly strong. Moreover, Enoch's attempt and normative- success conditions ignore two facts. The first is that success requires that citizens be tolerant of modest errors by the authority, (...) which means that, in conditions of modest error, performing as directed must have a non-instrumental, intrinsic value. The second is that an attempt to exercise authority involves an intention to trigger a moral principle endowing conforming performances with intrinsic value. The mystery of political authority is the mystery of how official directives could possibly suffice to endow conforming performances with intrinsic value. (shrink)

I begin this essay with a notion of "authority" that makes a sharp distinction between authority and power, and grant that such authority is not only legitimate, but perhaps even necessary in human affairs. I then trace the devaluation of this idea through varying degrees of institutionalization, culminating in its political cooptation. I argue, finally, that what goes by the name of political authority is the very antithesis of the legitimate and necessary element that we began (...) with. (shrink)

The emergence of private authority has become a feature of the post-Cold War world. The contributors to this volume examine the implications of this erosion of the power of the state for global governance. They analyse actors as diverse as financial institutions, multinational corporations, religious terrorists and organised criminals. The themes of the book relate directly to debates concerning globalization and the role of international law, and will be of interest to scholars and students of international relations, politics, sociology (...) and law. (shrink)

It is no surprise that empirical psychology refutes, again and again, assumptions of uneducated common sense. But some puzzlement tends to arise when scientific results appear to call into question the very conceptual framework of the mental to which we have become accustomed. This paper shall examine a case in point: Experiments on colour-discrimination have recently been taken to refute an assumption of first-person authority that appears to be constitutive of our ordinary notion of perceptual experience. The paper is (...) to show that those experiments do not refute this assumption, and will suggest that the impression to the contrary is, ultimately, due to two factors: to misleading imagery and, above all, to mistaken translation from the technical idiom of empirical psychology into the plain English we use every day. This is to take the mystery out of what we shall see to constitute a pretty puzzle; it is to remind us just how careful we need to be when drawing conclusions from results of scientific psychology; and it is to bring out the virtues of methods commonly lumped together under the entirely misleading label of 'ordinary language philosophy', of methods far more useful than their common caricature would make one think. (shrink)

In this paper, a model of norms as cognitive objects is applied to establish connections between social conventions and prescriptions. Relevant literature on this issue, especially found in AI and the social sciences, will be shown to suffer from a dychotomic view: a conventionalistic view proposed by rationality and AI scientists; and a prescriptive view proposed by some philosophers of law (Kelsen 1934/1979, Hart 1961, Ross, 1958).In the present work, the attempt is made to fill the gap between these views (...) by putting forward a hypothesis concerning the process from perceived behavioural regularities to normative assumptions. The emergence of norms will be here seen as intrinsically intertwined with the emergence of normative beliefs. Unlike that assumed by the conventionalistic sight, the process of emergence is seen as a non-continuous phenomenon. A given behavioural regularity will be argued to give rise to a normative belief if and as long as that regularity is believed to be prescribed within the community. Two corollaries of this hypothesis will be examined: (1) unlike that implied by the conventionalistic view, the spreading of norms is not only due to a passive behavioural social influence (imitation) but also to an active cognitive one (the spreading of normative wants and beliefs); (2) unlike that assumed by the prescriptive view, a norm is not necessarily explicitly and deliberately issued by some normative authority, but is grounded upon the norm-addressees' beliefs that they are generally prescribed to comply with it. (shrink)

The temporal period between the moment of deliberation and the execution of the intention varies widely—from opening an umbrella when one feels the first raindrops hit to planning and writing a book. I investigate the distinctive ability that adult human beings have to deliberate for their far future selves exhibited at the latter end of this temporal spectrum, which I term prospective deliberation. What grounds it when it is successful? And, why does it fail in some cases? I shall argue (...) that an agent is warranted in deliberating for a future self when her reasons give her the right kind of cross-temporal authority. I argue that this authority is distinctive and cannot be accounted for by theories of agential authority that take desires, value judgments, or willings as the ground of authority in standard cases of deliberation. According to the theory I propose having the right kind of cross-temporal agential authority is not only a matter of having epistemic access to a future self’s reasons or being the same metaphysical person as a future self, it requires confidence that the agent’s reasons support undertaking such a normative commitment and that that future self will see the normative force of those reasons as the agent sees them. In other words, cross-temporal agential authority requires that the past self and the future self share a normative perspective. I show that this further condition only obtains if the agent sees her reasons in deliberation as having certain features. (shrink)

A consideration of the concept of authority. The term authority derives from the Latin 'auctoritas'. Although often regarded as synonymous with 'potestas' or power, authority is more properly considered power legitimately exercised. Whereas Stalin had the power to kill millions of innocents he did not have the authority to do so. Accordingly, it is often said that the supreme authority is God himself who is both omnipotent and all good. On this view God is the (...) source of the eternal law which is observed both in the fullness of the physical universe and also in the moral universe that governs men and angels. Accordingly the book of Proverbs states that “By me kings reign and lawgivers decree just things” (Prov. 8:15). (shrink)

Originally published in 1964, this book examines the influence of reason and authority upon English thought in the eighteenth century.

In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...) of criminal law ought not to contain legislation of this sort. This conclusion is often based on how the abro- gation relates to the normative claim that the law ought to be predictable. In particular, it has been argued that since the law ought to be predictable, and since this type of analogy legis- lation implied, caused or contributed to the diminution of the law’s predictability, this type of legislation ought to be prohibited. In this paper, we argue that this argument is not entirely correct. While we believe that the law ought to be predictable and that there is evidence for the claim that the Nazis’ intro- duction of analogical reasoning implied, caused, or contributed to a diminution of predictability, this fact is logically too weak to ground the conclusion that necessarily a penal system ought not to contain legislation of this kind. Despite the undeniable wickedness of the Nazi penal system, this type of analogical reasoning can be made consistent with the pre- dictability of the law. We argue that consistency of this sort depends on whether the use of analogy is supplemented by certain contextual background conditions. The occurrence of these conditions blocks an inference from the fact that the law ought to be predictable to the conclusion that a penal system ought not to allow for this type of analogical reasoning. (shrink)

While Billy Budd's beauty has often been connected to his innocence and his moral goodness, the significance of the musical character of his beauty—what I will argue is the site of a struggle for political expression—has not been remarked upon by commentators of Melville's novella. It has, however, been deeply explored by Britten's opera. Music has often been situated at, or just beyond, the limits of communication; it has served as a medium of the ineffable, of unsaid and unsayable truths (...) (and lies), of an expressive power beyond language and reason. It is this expressive but communicatively problematic role that Billy embodies and that Billy Budd sets into political motion. In this essay, I would like to suggest that Billy's musical beauty can only be fully appreciated, and assumes full significance, when considered within the context of the various conceptions of beauty, and corresponding conceptions of authority, presented in the novella and in the opera. In particular, I will argue that Billy's beauty is a modern one that calls for the active participation of its audience. (shrink)

By what right, or under whose authority, do you try me? This is a common challenge raised by defendants standing trial in front of international criminal courts or tribunals. The challenge comes from the fact that traditionally criminal law is justified as a response of the state to wrongdoing that has been identified by the state as a crime. Nevertheless, since the early 1990s we have seen the development of international criminal tribunals that have the authority to judge (...) certain crimes. This article examines the moral foundation for the authority of international tribunals, arguing that it can be grounded on delegation of powers from the states with primary jurisdiction. The first part of the article examines whether there is any problem, as a matter of principle, in founding the courts’ jurisdictional authority on delegation of powers. It will argue that contrary to David Luban’s view, there is no inherent problem with states delegating their power to punish to other states or to international tribunals. Nevertheless, in making such a decision the ability of the court to provide fair process—a necessary requirement for the court’s ability to issue authoritative decisions—should be taken into account. The second part of the article takes the ICC as a case study and examines whether its jurisdiction can be grounded on delegation of powers. It will be shown that the court’s jurisdiction can indeed be founded on both direct and indirect delegation of jurisdiction from states with primary jurisdiction. This conclusion suggests that other international tribunals created by either multilateral treaties or by Security Council decisions may also be founded on similar grounds. (shrink)

Ethical concepts are, or purport to be, normative. They make claims on us: they command, oblige, recommend, or guide. Or at least when we invoke them, we make claims on one another; but where does their authority over us - or ours over one another - come from? Christine Korsgaard identifies four accounts of the source of normativity that have been advocated by modern moral philosophers: voluntarism, realism, reflective endorsement, and the appeal to autonomy. She traces their history, (...) showing how each developed in response to the prior one and comparing their early versions with those on the contemporary philosophical scene. Kant's theory that normativity springs from our own autonomy emerges as a synthesis of the other three, and Korsgaard concludes with her own version of the Kantian account. Her discussion is followed by commentary from G. A. Cohen, Raymond Geuss, Thomas Nagel, and Bernard Williams, and a reply by Korsgaard. (shrink)

In any given day, I do many things. I perspire, digest and age. When I walk, I place one foot ahead of the other, my arms swinging gently at my sides; if someone bumps into me, I stumble. Perspiring, digesting, aging, placing my feet, swaying my arms and stumbling are all things I do, in some sense. Yet I also check my email, teach students and go to the grocery store. Those sorts of doings or behaviors seem distinctive; they are (...) things I do intentionally. -/- What exactly is an intentional action? How does it differ from other things we do? -/- In this essay, I motivate and sketch an answer to those questions. On this view, an intentional action is a behavior that essentially alters what the actor is rationally accountable for, what she is rationally permitted or obliged to do, think, or feel. On this view, acting intentionally essentially involves a normative expectation that one has reasons for what one does. I call this view Normative Functionalism. -/- I begin in §2 by presenting a different, somewhat intuitive and popular view of intentional action, the so-called Causal Theory of Action. While that view does seem plausible, I allege that it doesn’t seem to accommodate the apparent fact that actors are accountable for their intentional actions. That motivates Normative Functionalism, which I sketch in §3. I conclude in §4 by offering an interim assessment of the discussion. (shrink)

In a series of recent articles, Jean Hampton has argued that the widely accepted instrumental conception of reason is no more metaphysically benign than non-instrumental, typically moral, theories of reason. The purpose of this article is to provide the beginnings of a defence of instrumental conception of reason against Hampton's charges. In the first part, I take up her claim that instrumental norms rest on the same notion of normative authority as that employed by non-instrumental, or moral, theories. (...) I argue in response that the normativity involved in instrumental reasoning is no more problematic than that involved in deductive theoretical reasoning. In the second part of the article I take up Hampton's claim that the motivational force of instrumental norms can only be explained in the same nonnatural way as the motivational force of non-instrumental, or moral, norms. I argue in response that the motivational force of instrumental norms can be explained in a way analogous to the entirely naturalistic explanation of the "motivational force" of deductive theoretical norms. In sum, I argue that instrumental reasoning, unlike moral reasoning, is no more metaphysically problematic than deductive theoretical reasoning. (shrink)

Bernard Williams's motivational reasons-internalism fails to capture our first-order reasons judgements, while Derek Parfit's nonnaturalistic reasons-externalism cannot explain the nature or normative authority of reasons. This paper offers an intermediary view, reformulating scepticism about external reasons as the claim not that they don't exist but rather that they don't matter. The end-relational theory of normative reasons is proposed, according to which a reason for an action is a fact that explains why the action would be good relative (...) to some end, where the relevant end for any ascription of reasons is determined by the speaker's conversational context. Because these ends need not be the agent's ends, Williams is wrong to reject the existence of external reasons. But contra Parfit, a reason for action is only important for an agent if it is motivationally internal to that agent. (shrink)

Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil (...) disobedience -- A right to dissent? : conscientious objection --The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism. (shrink)

The Aristotelian dictum that desire is the starting point of practical reasoning that ends in action can of course be denied. Its denial is a commonplace of moral theory in the tradition of Kant. But in this essay I am concerned with that issue only indirectly. I shall not contend that rational action always or necessarily does involve desire as its starting point; nor shall I deny it. My question concerns instead the possibility of its ever beginning in desire. For (...) there is a question whether it is even possible for reasoning to begin in desire, a question arising from the nature of desire and its objects, which to my knowledge has not been articulated. If we can see how desire can provide the arche of action, then we can consider later, and from that vantage point, whether it is necessary that it should do so. It will, I think, be possible eventually to argue that if practical reasoning has the character it must have, if it can begin in desire, then its starting point can be nothing but desire. (shrink)

This paper explores the relation between rational authority and social power, proceeding by way of a philosophical genealogy derived from Edward Craig's Knowledge and the State of Nature. The position advocated avoids the errors both of the 'traditionalist' (who regards the socio-political as irrelevant to epistemology) and of the 'reductivist' (who regards reason as just another form of social power). The argument is that a norm of credibility governs epistemic practice in the state of nature, which, when socially manifested, (...) is likely to imitate the structures of social power. A phenomenon of epistemic injustice is explained, and the politicizing implication for epistemology educed. (shrink)

I consider two inter-related problems in the philosophy of action. One concerns the role of the agent in the determination of action, and I call it the problem of agential authority. The other concerns the relation between motivating desire and the agent's normative deliberation, and I call it the problem of subjective normative authority. In part by way of discussion of work of Harry Frankfurt and Christine Korsgaard, I argue that we make progress with these problems (...) by appeal to certain kinds of higher-order policies and to their role in the cross-temporal organization of the deliberation and action of temporally persisting agents like us. (shrink)

There is a strong moral presumption against the use of coercion, and those who are coerced seem to be less responsible for the actions they were coerced to perform. Both these considerations seem to reflect the effect of coercion on the victim’s choice. This paper examines three ways of understanding this effect. First, I argue against understanding victims as unable to engage in genuine action. Next, I consider the suggestion that victims are unable to consent to participate in the coercer’s (...) plan. Although this suggestion is promising, I argue that the inability to consent reflects a more basic problem. Victims are unable to exercise what I call ‘normative authority’: they are unable to make discretionary changes in the permissions and obligations that they and others have. This final account yields a compelling understanding of why coercion is impermissible when it is and reveals a unique way in which impermissible coercion affects the responsibility of victims. (shrink)

Seventeenth century philosophers were pre-occupied with the justification for the use of coercion; the nature and scope of the citizen's duty to obey the law was a central concern. The typical philosophical accounts which attempt to articulate the conditions under which a citizen has an obligation to obey the law tend to fall into two camps: those that ground the obligation to obey the law in consent, and those that ground it in benefits received, or possibly a combination of both. (...) More recently, however, some have argued that questions about the obligation to obey the law have been eclipsed by questions about distributive justice. Many leading figures in modern analytic jurisprudence remain concerned with the nature of political obligation. Joseph Raz is a current-day theorist who has recognized the importance of this issue and the need for an answer that is not over-simplistic. Recently Raz has re-examined his account in ?The Problem of Authority: Revisiting the Service Conception, - making an exploration of his theory particularly timely. Raz argues that all governments claim morally legitimate authority, but not all of them actually possess it. His theory seeks to give us the tools by which to distinguish the legitimate claims from imposters. The complexity and flexibility of Raz's understanding of the nature and scope of the individual's obligation to obey the law accounts for its appeal. Upon closer inspection, however, difficulties emerge. I argue that Raz's theory is plagued by a deep-seated tension between his two central theses: the pre-emption thesis and the normal justification thesis. While I explore both theses in further depth, the gist of the pre-emption thesis is that it requires a pre-commitment to authority in order for the law?s mediating role to be performed. Conversely, the normal justification thesis invites a case by case assessment of the bindingness of norms. I argue that instead of offering us a unified conception of authority, Raz vacillates unstably between two models - a consent-based model and a benefits received model. I demonstrate that this tension is ineradicable because the theses are connected to divergent models of law and incompatible methodologies. (shrink)

Drawing on certain themes from Wittgenstein, Sartre, and others, the book explores the extent to which what we say about ourselves is a matter of discovery or...

Incompatibilism is the view that privileged knowledge of our own mental states cannot be reconciled with externalism regarding the content of mental states. Davidson has recently developed two arguments that are supposed to disprove incompatibilism and establish the consistency of privileged access and externalism. One argument criticizes incompatibilism for assuming that externalism conflicts with the mind?body identity theory. Since mental states supervene on neurological events, Davidson argues, they are partly ?in the head? and are knowable just by reflection. Another argument (...) rejects incompatibilism by repudiating the object perception model of introspection. Once extemalism is freed from the internalist idea that thoughts take objects which are inner epistemological intermediaries, Davidson maintains, it poses no threat to privileged self?knowledge. It is argued that neither of these arguments is successful, since both disprove assumptions irrelevant to incompatibilism. Moreover, it is indicated how Davidson would have to go about defending his positive account of privileged self?knowledge against the principal incompatibilist arguments. (shrink)

I came late to philosophy and even later to normative ethics. When I started my undergraduate studies at the University of Toronto in 1970, I was interested in mathematics and languages. I soon discovered, however, that my mathematical talents were rather meager compared to the truly talented. I therefore decided to study actuarial science (the applied mathematics of risk assessment for insurance and pension plans) rather than abstract math. After two years, however, I dropped out of university, went to (...) work for a life insurance company, and started studying on my own for the ten professional actuarial exams. When not studying, I would often go to the public library and I was drawn to the philosophy section—although I had no idea of what philosophy was about. I there saw Logical Positivism, edited by A.J. Ayer. I was interested in logical thinking and I also favored an optimistic attitude towards life (!) and so I thought that the book might be interesting. I checked it out and was absolutely enthralled with the writings of Bertrand Russell, Rudolf Carnap, Carl Hempel and others (if I’m remembering correctly). Of course, I didn’t really understand much of what they were doing, but I did see that they were addressing important problems in a systematic and rigorous manner. I liked it! (shrink)

From a sociological point of view, the conceptual and logical relations between the norms of legal order represent empirical and causal relations between social actors. The claim that legal authority is based on the validity of empowering norms means, sociologically, that the capability to enact and enforce legal norms is based on an empirical transfer of power from one social actor to another. With this process, sociology has to explain how a proclamation of legal rights by the creation of (...) empowering norms can lead to the establishment of the factual power of coercion. This explanation reveals that legal authority as a social fact is irrevocably dependent on non-legal power, which is not created by legal empowering norms but is the empirical foundation for all legal authority and state power. (shrink)

No account of self-knowledge is satisfactory, I claim, unless it explains how we might truly attribute *failures* to possess self-knowledge. We can make progress towards a satisfactory account, then, by asking, What sorts of self-knowledge could be at issue in true attributions of such failures? It might seem that it can’t be the sort of self-knowledge whose possession conditions Tyler Burge and Donald Davidson have described. I argue that it can be, once we generalize Burge’s and Davidson’s accounts along a (...) certain dimension along which propositional attitude-types can differ. For the sort of self-knowledge required to have attitudes of one type can differ from the sort of self-knowledge required to have attitudes of other types. (shrink)