The nature of the relation between jurisprudential theories and first-order legal judgments is a strangely uncontroversial matter in contemporary legal philosophy. There is one dominant conception of the relation according to which jurisprudential theories are second-order or meta-legal theories that specify the ultimate grounds of first-order legal judgments. According to this conception, difficult first-order legal disputes are to be resolved by jurisprudential theorizing. According to an alternative conception that Ronald Dworkin has influentially advocated, jurisprudential theories are not second-order theories about (...) the nature of law, but instead covert first-order legal theories. These two conceptions of the relation between jurisprudential theories and first-order legal judgments dominate the contemporary legal philosophical scene and crowd out other possible conceptions. This article scrutinizes the two conceptions, and in the process raises the possibility of a different and arguably more credible conception. According to this new conception, our first-order legal views and a jurisprudential theory that we accept are supposed to form a mutually disciplining and supporting set of views that we accept in our pursuit of the epistemic ideal of wide reflective equilibrium. The two sets of views are supposed to constrain and discipline each other; but neither is meant to underwrite, certify, or ultimately determine the contents of the other. This new conception, which allows the relation between jurisprudential theories and first-order legal judgments to be much looser, untidier, and more complex than what the two dominant conceptions imply, should facilitate progress in legal philosophy and in first-order legal thinking. (shrink)

Metaethics is traditionally understood as a non-moral discipline that examines moral judgements from a standpoint outside of ethics. This orthodox understanding has recently come under pressure from anti-Archimedeans, such as Ronald Dworkin and Matthew Kramer, who proclaim that rather than assessing morality from an external perspective, metaethical theses are themselves substantive moral claims. In this paper, I scrutinise this anti-Archimedean challenge as applied to the metaethical position of expressivism. More precisely, I examine the claim that expressivists do not avoid moral (...) commitments when accounting for moral thought, but instead presuppose them; they do not look at ethics from the outside, but operate from within ethics. This paper defends the non-moral status of expressivism against anti-Archimedeanism by rejecting a new anti-Archimedean challenge which, on the basis of Hume’s Law, aims to exploit expressivist explanations of supervenience in order to show that expressivism is a substantive moral position. (shrink)

Toomas Karmo claims that his taxonomy of ethical sentences has the result that there does not exist a sound argument with all non-ethical premises and an ethical conclusion. In a recent paper, Mark T. Nelson argues against this claim. Nelson presents a sound argument that he takes to be such that (i) Karmo’s taxonomy classifies that argument’s single premise as non-ethical and (ii) Karmo’s taxonomy classifies that argument’s conclusion as ethical. I attempt to show that Nelson is mistaken about (ii). (...) For any possible world at which the premise of Nelson’s argument is true, Karmo’s taxonomy classifies the conclusion of Nelson’s argument as non-ethical. (shrink)

There is obviously tension between any view which claims that the object denoted is all that names and simple referring terms contribute to propositions expressed by sentences in which they appear and the apparent a posteriority of identity statements containing different but codesignative names. Frege solved the tension by adopting a description theory of names. The direct designation theorist cannot do the same, for that would amount to abandoning the theory. Instead, she has to provide one of two solutions; (a) (...) argue that although Hesperus is Hesperus and Hesperus is Phosphorus express the same proposition their epistemic status differs such that one’s justification of the proposition expressed by the former but not the latter is a priori, or (b) argue that both Hesperus is Hesperus and Hesperus is Phosphorus express a priori truths. I will argue for a version of option (a), and that while coreferential names can be freely substituted in simple belief contexts, they cannot be freely substituted in contexts involving justification. (shrink)

I argue, contra Dreier, Blackburn, and others, that there are no morally neutral metaethical positions. Every metaethical position commits you to the denial of some moral statement. So, for example, the metaethical position that there are no moral properties commits you to the denial of the moral conjunction of 1) it is right to interfere violently when someone is wrongly causing massive suffering and 2) it is wrong to interfere violently when only non-moral properties are at stake. The argument generalizes (...) to all metaethical positions. (shrink)

Abstract: We sometimes say our moral claims are "objectively true," or are "right, even if nobody believes it." These additional claims are often taken to be staking out metaethical positions, representative of a certain kind of theorizing about morality that "steps outside" the practice in order to comment on its status. Ronald Dworkin has argued that skepticism about these claims so understood is not tenable because it is impossible to step outside such practices. I show that externally skeptical metaethical theory (...) can withstand his attacks, thereby defending the possibility of this kind of metatheoretical method and showing that the additional objectivity claims still make sense as external claims. Four interpretations of the additional objectivity claims can still be understood externally: as secondary properties, as arguing for some form of causal correspondence, as explaining error, and under Blackburn's expressivism. In the end, Dworkin's argument can be turned against itself. (shrink)

Ronald Dworkin famously argued that many putatively nonmoral metaethical theories can only be understood as being internal to the moral domain. If correct, this position, referred to as anti-archimedeanism, has profound implications for the methodology of metaethics. This is particularly true for skeptical metaethical theories. This article defends a version of anti-archimedeanism that is true to the spirit rather than the letter of Dworkin's original thesis from several recent objections. First, it addresses Kenneth Ehrenberg's recent attempt to demonstrate how certain (...) metaethical theories can be understood in a morally neutral manner. It then discusses Charles Pigden's claim that Dworkin begs the question against error theorists and nihilists by assuming a conceptual space that error theorists and nihilists would reject. It concludes that the anti-archimedean methodology originally proposed by Dworkin is defensible, and can be used to support a robust form of moral realism. (shrink)

The main guiding assumption of this paper is that there is need for a taxonomy of ethical sentences that does not overgenerate, yet can make useful contributions to debates about certain controversial sentences . After surveying the recent literature and concluding that no extant taxonomy that satisfies both of these conditions is available to us, I propose and explain a novel taxonomy which does satisfy them. I then defend my proposal from five potential objections.

It is not clear to what the projects of creating an artificial intelligence (AI) that does ethics, is moral, or makes moral judgments amounts. In this paper we discuss some of the extant metaethical theories and debates in moral philosophy by which such projects should be informed, specifically focusing on the project of creating an AI that makes moral judgments. We argue that the scope and aims of that project depend a great deal on antecedent metaethical commitments. Metaethics, therefore, plays (...) the role of an Archimedean fulcrum in this context, very much like the Archimedean role that it is often taken to take in context of normative ethics (Dworkin 1996; Dreier 2002; Fantl 2006; Ehrenberg 2008). (shrink)