Dworkin’s famous argument from legal disagreements poses a problem for legal positivism by undermining the idea that the law can be (just) the result of the practice and attitudes of norm-applying officials. In recent work, the chapter author argued that a hybrid contextualist theory paired with a dispositional theory of value—a hybrid dispositionalism, for short—offers the resources to respond to similar disagreement- based arguments in other evaluative and normative domains. This chapter claims that the theory the author advocates can extend (...) to legal statements and disputes, and shares some important features with Toh’s (2011) idea that legal statements express shared acceptance of norms. The chapter proposes that a contextualist semantics for legal statements paired with the pragmatic communication of implicatures that express shared acceptances of norms, achieves the same goal that Toh aims at. (shrink)

Malón (Arch Sexual Behav 44(4):1071–1083, 2015) kam zu dem Schluss, dass die üblichen Argumente gegen sexuelle Beziehungen zwischen Erwachsenen und Kindern vor der Pubertät nicht ausreichen, um deren moralische Zulässigkeit unter allen Umständen auszuschließen. Diese postulierte Lücke versuchte Malón (Sex Cult 21(1):247–269, 2017) mit Tugendethik zu füllen. Diesen Tugendethikansatz im zweiten von Malóns Fachartikeln fechtet der vorliegende Aufsatz an, indem er (1) die Ansicht in Frage stellt, dass Sex ein außergewöhnlicher Teilaspekt der Moral ist, der eines Tugendansatzes bedarf, (2) die (...) Ansicht in Frage stellt, dass die Tugendethik greift, wo andere Argumente gegen die Zulässigkeit von sexuellen Kind-Erwachsenen-Beziehungen scheitern, und (3) geltend macht, dass solche Beziehungen im Lichte eines anderen Tugendverständnisses tugendhaft erscheinen können. [This is a German translation of „Childhood ‘Innocence’ is Not Ideal: Virtue Ethics and Child–Adult Sex“, Sexuality & Culture (2018). DOI 10.1007/s12119-018-9519-1]. (shrink)

Predicates of personal taste have attracted a great deal of attention from philosophers of language and linguists. In the intricate debates over PPT, arguably the most central consideration has been which analysis of PPT can best account for the possibility of faultless disagreement about matters of personal taste. I argue that two models of such disagreement—the relativist and absolutist models—are empirically inadequate. In their stead, I develop a model of faultless taste disagreement which represents it as involving a novel incompatibility (...) relation between preferences that I call type-noncotenability. This model is available to all parties in the ongoing debates about PPT, but it points up an advantage enjoyed by expressivist accounts of PPT. In closing, I consider four objections against the model that, while failing to fully undermine it, open up promising avenues of inquiry about the nature of disagreement. (shrink)

What are the historical origins of the argumentum ad consequentiam, the argument from consequences, sometimes featured as an informal fallacy in logic textbooks? As shown in this paper, knowledge of the argument can be traced back to Aristotle. And this type of argument shows a spotty history of recognition in logic texts and manuals over the centuries. But how it got into the modern logic textbooks as a fallacy remains somewhat obscure. Its modern genesis is traced to the logic text (...) of James McCosh. (shrink)

This paper attempts to define the concept of placebo as it is used in the clinical context The author claims that X is a placebo if and only if X has such a property dp, that whenever in a therapeutic situation T a stimulus S appears, then in attending conditions A, it will cause a beneficial reaction R in the patient. Formally, the same structure may be used to define any pharmacologically active drug. The main difference between the drug and (...) a placebo is in the range of possible substitutions for X and the property d. For the active drug there is only one possible substitution for X and property d and it can be scientifically explained why, and how the drug works. In the case of a placebo a set of possible substitutions for X and d is open, and so far it is impossible to offer any scientifically valid explanation of the action mechanism of placebo. (shrink)

This paper attempts to define the concept of placebo as it is used in the clinical context The author claims that X is a placebo if and only if X has such a property dp, that whenever in a therapeutic situation T a stimulus S appears, then in attending conditions A, it will cause a beneficial reaction R in the patient. Formally, the same structure may be used to define any pharmacologically active drug. The main difference between the drug and (...) a placebo is in the range of possible substitutions for X and the property d. For the active drug there is only one possible substitution for X and property d and it can be scientifically explained why, and how the drug works. In the case of a placebo a set of possible substitutions for X and d is open, and so far it is impossible to offer any scientifically valid explanation of the action mechanism of placebo. (shrink)

Moral emotions have been badly neglected by philosophical ethics. In my view to the detriment of this discipline because they are not only important for the moral evaluation of persons but also for value theory and thus also for a theory of morally right actions. This paper outlines my account of moral emotions. Emotions such as regret or shame are sometimes but not always moral emotions. I will determine when they are moral emotions. In I will deal with the views (...) of some other authors and in and I will explain my own account. (shrink)

In this paper I argue that the explanationist argument in favour of moral realism fails. According to this argument, the ability of putative moral properties to feature in good explanations provides strong evidence for, or entails, the metaphysical claims of moral realism. Some have rejected this argument by denying that moral explanations are ever good explanations. My criticism is different. I argue that even if we accept that moral explanations are (sometimes) good explanations the metaphysical claims of realism do not (...) follow. (shrink)

If internalism in ethics is correct, then moral beliefs necessarily motivate. Externalism rejects this thesis, holding that the relationship between beliefs and motives is only contingent. The position I develop is that both views are false. By defining a logical relationship between moral beliefs and motives that is weaker than logical necessitation, it is possible to maintain (contrary to internalism) that beliefs may occur without motives, but (contrary to externalism) that they cannot always do so. The logical point is explicated (...) through a psychological interpretation of moral emotions that gives their constituent beliefs an inherent link to action, together with a semantic characterization of moral concepts that ties their competent use to familiarity with these emotions. (shrink)

Wilfrid Sellars described the moral syllogism that supports the inference “I ought to do x” from “Everyone ought to do x” as a “syntactical disguise” which embodies a “mistake.” He nevertheless regarded this form of reasoning as constitutive of the moral point of view. Durkheim was the source of much of this reasoning, and this context illuminates Sellars’ unusual philosophical reconstruction of the moral point of view in terms of the collective intentions of an ideal community of rational members for (...) which the syllogism is empirically valid. The reconstruction also sheds light on the question of the status of common sense and normativity in Sellars’ naturalistic metaphysics. (shrink)

The global turn in media ethics has presented a tough challenge for traditional models of moral theory: How do we assert common moral standards while also showing respect for the values of those from outside the Western tradition? The danger lies in advocating for either extreme: reason-dependent absolutism or cultural relativism. In this paper, I reject Cliff Christian’s attempts to solve the problem and propose instead a moral theory of universal standards that are discovered via a mix of rationally grounded (...) methods. Such universality refutes relativism but, because it is grounded in evolutionary naturalism and life-world philosophy—as opposed to a Kantian or theological transcendentalism—it also avoids absolutism. (shrink)

Very often, different people, with different constitutions and comic sensibilities, will make divergent, conflicting judgments about the comic properties of a given person, object, or event, on account of those differences in their constitutions and comic sensibilities. And in many such cases, while we are inclined to say that their comic judgments are in conflict, we are not inclined to say that anybody is in error. The comic looks like a poster domain for the phenomenon of faultless disagreement. I argue (...) that the kind of theory that does the best job of accounting for the appearance of faultless disagreement is a de se version of a response-dependence account, according to which thinking that x is funny is self-attributing a property of the type, being disposed to have R to x in C. (shrink)

Adopting a dispositional theory of value promises to deliver a lot of theoretical goodies. One recurring problem for dispositional theories of value, though, is a problem about nonconvergence. If being a value is being disposed to elicit response R in us, what should we say if it turns out that not everybody is disposed to have R to the same things? One horn of the problem here is a danger of the view collapsing into an error theory—of it turning out, (...) on account of the diversity of agents' relevant dispositions, that nothing is really a value, since nothing is disposed to elicit R in everybody. Alternatively, there is a danger of an objectionable fragmentation of value, according to which there is no such thing as a value simpliciter, but only valuesme and valuesyou, valuesus and valuesthem. I advocate a de se relativist version of a dispositional theory of value. If we go for this sort of de-se-ified dispositional theory, we get to keep our theoretical goodies, but we avoid the problem of nonconvergence that leads to a danger of either collapse into an error theory, or else talking-past, and a loss of common subject matter. (shrink)

Leiter (2016) charges public philosophy with being “neoliberal”. To understand that charge better, I define, in §1, three versions of public philosophy which might be concerned and two pictures of its practice targeted by Leiter. I also compare two deliberative sites wherein those pictures may play out. In §2, I sketch how Leiter’s two paradoxes for “neoliberal” public philosophy lead to a revised public philosophy. §3 questions the paradoxes’ empirical grounding and scope. Lastly, in §4, I assume Leiter’s picture and (...) illustrate how philosophical dialogue, through appeal to personal self-image and “moral perceptions”, may still influence public discourse. I conclude that Leiter both over- and understates his case and that his conclusions require greater scrutiny. (shrink)

Recent break-throughs in surgery and the discovery of an effective immunosupressive drug called cyclosporin, have brought a Renaissance in organ transplants. These medical advances have also heightened concern over the already critical shortage of body organs. Several alternatives have been suggested which may help alleviate the organ shortage. One such alternative is to allow commerce in human organs. This article discusses the morality of commercialization of human organs within the framework of several ethical theories.

Para Russ Shafer-landau, enquanto as teorias metaéticas denominadas por ele de céticas implicariam na impossibilidade do progresso moral, na equivalência moral entre posições morais antagônicas, e na infalibilidade moral, a teoria não-cética denominada objetivismo incorreria, aparentemente, no absolutismo moral, na negação da diversidade e da divergência morais, e na adoção de uma metafísica incompatível com a visão científica de mundo. Shafer-Landau, no entanto, discorda que isso valha para o realismo moral. Esta comunicação apresenta e analisa parte dos passos argumentativos presentes (...) neste quadro. (shrink)

Indexical contextualism (IC) is an account of predicates of personal taste (PPTs) which views the semantic content of PPTs as sensitive to the context in which they are uttered, by virtue of their containing an implicit indexical element. Should the context of utterance change, the semantic content carried by the PPT will also change. The main aim of this paper is to show that IC is unable to provide a satisfactory account of PPTs. I look at what I call “pure” (...) IC accounts and show that because they fail to respect empirical data regarding disagreements where neither person is at fault, known as “faultless disagreements”, they must be rejected. I then go on to consider what I call IC “plus” (IC+) accounts. Such accounts attempt to account for the faultlessness of such disagreements using a simple indexical semantics, whilst introducing some extra ingredient to account for the disagreement part. I focus on two main versions of IC+: Gutzmann’s (in: Meier, van Wijnberger-Huitink (eds) Subjective meaning: alternatives to relativism, De Gruyter, Berlin, 2016) expressivist account, and López de Sa’s (in: García-Carpintero, Kölbel (eds) Relative truth, Oxford University Press, Oxford, 2008; Erkenntnis 80(Supp 1):153–165, 2015) presuppositional account. I discuss some internal worries with these accounts before going on to some final remarks about IC/IC+ in general. I conclude that neither IC nor IC+ can provide a satisfactory semantics for PPTs. (shrink)

This dissertation investigates the plausibility of metaethical relativism, or more specifically, what I call “moral truth-value relativism”: the idea that the truth of a moral statement or belief depends on who utters or has it, or who assesses it. According to the most prevalent variants of this view in philosophical literature – “standard relativism” – the truth-values are relative to people’s moralities, often understood as some subset of their affective or desirelike attitudes. Standard relativism has two main contenders: absolutism – (...) the view that the truth-values of moral statements and beliefs do not vary in that way – and non-cognitivism – the view that moral judgements do not have truth-values, since they express affective or desire-like attitudes rather than beliefs. Almost the entire dissertation concerns the plausibility of standard relativism in contrast to absolutism. Part 1 examines first the two main arguments for standard relativism: that it accounts for the connection between moral judgements and motivation (chapter 2), and for the prevalence of diversity of moral opinion (chapter 3). Then the most common objection is considered: that it is inconsistent with the existence of genuine moral disagreements (chapter 4). I argue that these arguments are inconclusive. Both relativism and absolutism can account for the features discussed. Part 2 focuses on the fact that different people have different strongly held intuitions about the relative or absolute nature of morality. I argue that given a common methodological approach in philosophy and metaethics, which takes such intuitions as evidence of correct analyses, this difference in intuitions suggests that neither a relativist nor absolutist analysis can be correct for everyone’s moral judgements. I argue that this result holds both given semantic internalism (chapter 6) and given semantic externalism (chapter 7). To get one single analysis of everyone’s moral judgements we would have to abandon the intuitionbased methodology. In chapter 8, however, I argue that we can maintain this methodology if we accept analysis pluralism, the view that different analyses hold for different people’s moral judgements. (shrink)

The aim of this paper is to reconstruct Charles L. Stevenson’s metaethical view. Since his metaethical view is a form of emotivism, I will start by explaining what the core claims of emotivism are. I will then explore and comment on the specific claims of Stevenson’s proposal. Last, I will offer an overview of the objections that have traditionally been raised against emotivism.

Brian Leiter throws down two gauntlets to philosophers engaged in dialogue with the broader public. If, with the first, public philosophers recognize that they cannot offer substantive answers but only sophisticated method, they nevertheless fail to realize that said method does not resonate with the very public whom they purport to help. For, with the second, that method does not engage the emotivist and tribalist cast of contemporary public discourse: emotivist because a person’s moral and political beliefs are a function (...) of emotional attitudes or affective responses for which she adduces reasons post hoc; tribalist because the person tracks not the inferential relation between beliefs but her similarity with interlocutors. In order to understand the full extent of this critique, it is necessary, first, to parse strands of public philosophy, distinct discursive sites, and pictures of philosophical practice and, then, to probe the critique’s empirical groundedness and intended scope. These elements in place, it is then possible to sketch public philosophy reconceived along Leiter’s lines as equal part rigor and rhetoric. That sketch may be somewhat filled out through two tactics employed in Jeffrey Stout’s work. These form part of a toolkit for philosophical dialogue whereby philosophers get a discursive grip on non-discursive factors underlying public discourse and push back on Leiter's dilemma. (shrink)

Metaethical absolutism is the view that moral concepts have non-relative satisfaction conditions that are constant across judges and their particular beliefs, attitudes, and cultural embedding. If it is correct, there is an important sense in which parties of moral disputes are concerned to get the same things right, such that their disputes can be settled by the facts. If it is not correct, as various forms of relativism and non-cognitivism imply, such coordination of concerns will be limited. The most influential (...) support for absolutism comes from an argument with two related premises. According to the first premise, moral thinking and moral discourse display a number of features that are characteristically found in paradigmatically absolutist domains, and only partly in uncontroversially non-absolutist domains. According to the second, the best way of making sense of these features is to assume that absolutism is correct. This paper defends the prospect of a non-ad hoc, non-absolutist, explanation of these "absolutist" features, thus calling into question the second premise. But instead of attempting to directly explain why the moral domain displays these features, it attends to how they are partially displayed by paradigmatically non-absolutists judgments about taste and likelihood. Based on this, it proposes independently motivated general accounts of attributions of agreement, disagreement, correctness and incorrectness that can explain both why absolutist domains display all "absolutist" features and why these non-absolutist domains display some. Based on these accounts, it provides preliminary reasons to think that these features of moral discourse can be given a non-absolutist explanation. (shrink)

In Part I, I offer a "constructivist" interpretation of Xunzi's philosophy. On the constructivist view, there is no privileged description of the world. Concepts, categories, and norms as social constructs help us effectively manage our way through the world, rather than reveal or express univocal knowledge of it. ;In the opening chapter, I argue that dao should be understood as open ended and that Xunzi's worldview allows for a plurality of legitimate daos---at least at the theoretical level. Chapter Two discusses (...) the concepts of li and lei and rejects the idea that true categories follow from a "god-like" understanding of rational patterns. Rather, patterns and categories are mutually entailing. That is, categories are not simply based on patterns, but are at the same time a precondition for patterning. Chapter Three addresses the related concept of ming , and the idea of zhengming . Attuning names is not matching them to any transcendent standard, but making them fitting given our nature and circumstances. It is constructing and maintaining a socially responsible language. I also discuss here the complex manner in which early Confucians understood names to be developed and sanctioned. In Chapter Four I discuss ritual theory and argue that Xunzi offers a this-world centered religious sensibility. Far from a matter of slavishly following a code of behaviors set down perfectly by ancient sages, the performance of li requires interpretation in every application. Further, norms associated with li may evolve in response to changing needs and conditions. In the final chapter of Part I, I turn to the issue of virtue and moral development, arguing that there is no fixed set of virtues. ;Part II shifts focus to the contemporary relevance of a constructivist way of thinking by using it to understand the cross-cultural dynamics taking place in international discourse on human rights. In short, interpreting the arguments of contemporary representatives of East-Asian countries through a constructivist lens reveals them to be more compelling than they might otherwise have seemed. (shrink)