Norms are apt for reasoning because they have propositional structure and content; they are practical because they aim to guide action, rather than to describe aspects of the world. These two features hold equally of norms construed sociologically as the norms of specific social groups, and of norms conceived abstractly as principles of action. On either view, norms are indeterminate while acts are particular and determinate. Consequently norms cannot fully specify which particular act (...) is to be done. Are they then not genuinely action-guiding unless supplemented by practical judgment? Yet accounts of practical judgement are often thin, sometimes seeing it as blind, unreasoned `picking' of one rather than another enactment of a norm. However, on another view practical judgement carries the substantive task of seeking ways of acting that satisfy a plurality of norms, which can be both reasoned and practical. Key Words: direction of fit • judgement • moral conflict • norms • practical principles • remainders. (shrink)

Theories of social norms frequently define social norms in terms of individuals’ beliefs and preferences, and so afford individual beliefs and preferences conceptual priority over social norms. I argue that this treatment of social norms is unsustainable. Taking Bicchieri’s theory as an exemplar of this approach, I argue, first, that Bicchieri’s framework bears important structural similarities with the command theory of law; and second, that Hart’s arguments against the command theory of law, suitably recast, reveal the (...) fundamental problems with Bicchieri’s framework. I then draw on Hart’s critique to develop and defend an alternative approach, arguing that we should conceive of social norms as the norms internal to a “socially sanctioned representational practice.” This approach makes social norms conceptually independent of individuals’ beliefs and preferences by locating them within social practices that transcend their individual participants, structuring the social landscape even before individuals form their own beliefs and preferences. (shrink)

How should we undertand the role of norms—especially epistemic norms—governing assertive speech acts? Mitchell Green (2009) has argued that these norms play the role of handicaps in the technical sense from the animal signals literature. As handicaps, they then play a large role in explaining the reliability—and so the stability (the continued prevalence)—of assertive speech acts. But though norms of assertion conceived of as social norms do indeed play this stabilizing role, these norms (...) are best understood as deterrents and not as handicaps. This paper explains the stability problem for the maintenance of animal signals, and so human communication, for we are animals too, after all; the mechanics of the handicap principle; the role of deterrents and punishments as an alternative mechanism; and the role of social norms governing assertion for the case of human communication. (shrink)

Abstract.The author replies to some semantic and epistemic criticisms of the concept of norm proposition. The author's contention is that though some, many, or most norm formulations are uncertain or indefinite with respect to their validity or interpretations, insofar as at least some norms with definite content definitely belong to the legal order, the concept of norm proposition can be maintained to be sound. Three such cases are singled out. Finally the author argues for a consensus theory of legal (...) order focusing on the concept of valid norm conceived either as a norm accepted or as a norm to be accepted by the legal community.*. (shrink)

The paper is motivated by the need of accounting for the practical syllogism as a piece of defeasible reasoning. To meet the need, the paper first refers to ranking theory as an account of defeasible descriptive reasoning. It then argues that two kinds of ought need to be distinguished, purely normative and fact-regarding obligations (in analogy to intrinsic and extrinsic utilities). It continues arguing that both kinds of ought can be iteratively revised and should hence be represented by ranking functions, (...) too, just as iteratively revisable beliefs. Its central proposal will then be that the fact-regarding normative ranking function must be conceived as the sum of a purely normative ranking function and an epistemic ranking function (as suggested in qualitative decision theory). The distinctions defends this proposal with a comparative discussion of some critical examples and some other distinctions made in the literature. It gives a more rigorous justification of this proposal. Finally, it starts developing the logic of purely normative and of fact-regarding normative defeasible reasoning, points to the difficulties of completing the logic of the fact-regarding side, but reaches the initial aim of accounting for the defeasible nature of the practical syllogism. (shrink)

The paper is motivated by the need of accounting for the practical syllogism as a piece of defeasible reasoning. To meet the need, the paper first refers to ranking theory as an account of defeasible descriptive reasoning. It then argues that two kinds of ought need to be distinguished, purely normative and fact-regarding obligations. It continues arguing that both kinds of ought can be iteratively revised and should hence be represented by ranking functions, too, just as iteratively revisable beliefs. Its (...) central proposal will then be that the fact-regarding normative ranking function must be conceived as the sum of a purely normative ranking function and an epistemic ranking function. The distinctions defends this proposal with a comparative discussion of some critical examples and some other distinctions made in the literature. It gives a more rigorous justification of this proposal. Finally, it starts developing the logic of purely normative and of fact-regarding normative defeasible reasoning, points to the difficulties of completing the logic of the fact-regarding side, but reaches the initial aim of accounting for the defeasible nature of the practical syllogism. (shrink)

[David Papineau] This paper disputes the common assumption that the normativity of conceptual judgement poses a problem for naturalism. My overall strategy is to argue that norms of judgement derive from moral or personal values, particularly when such values are attached to the end of truth. While there are philosophical problems associated with both moral and personal values, they are not special to the realm of judgement, nor peculiar to naturalist philosophies. This approach to the normativity of judgement is (...) made possible by naturalist views of truth, that is, views which do not presuppose normativity in explaining truth. /// [Julia Tanney] This paper attempts to describe why it is not possible to account for normative phenomena in non-normative terms. It argues that Papineau's attempt to locate norms of judgement 'outside' content, grounded in an individual's desires or reasons, mislocates the normativity that is thought to resist appropriation within a 'world that conceives nature as the realm of law'. It agrees, however, that a theory of content that locates norms 'inside' content will not be forthcoming-at least if this is to require fashioning the norms that in some sense govern judgment or thought into individually necessary conditions for contentful states. (shrink)

Legal norms are an invention. This paper advances a proposal about what kind of invention they are. The proposal is that legal norms derive from rules which specify role functions in a legal system. Legal rules attach to agents in virtue of their status within the system in which the rules operate. The point of legal rules or a legal system is to solve to large scale coordination problems, specifically the problem of organizing social and economic life among (...) a group of people and their successors, though not every legal rule pertains to a coordination problem. The framework for thinking about legal norms that I describe is a framework for thinking about institutions and policies more generally. The idea is to show that legal norms are a species of institutional norm. There are two central ideas. The first is the idea of a role in an institution. The second is the idea of proxy agency. Proxy agency involves one agent or group acting under the authorization of another agent or group (perhaps subsuming it) in a way that makes the actions of the proxy count as actions (under a description) of the individual or group for which it is a proxy. We get the characteristic structure of a legal system by conceiving of an institutional group, itself conceived of as a set of interlocking roles realized in individuals, as having one or more roles for proxy agents who are authorized by the group to make policy for the group. The set of rules governing the basic constitution of the group and spelling out the powers of the policy proxies determine fundamental norms for the group with specific role responsibilities attaching to particular positions in institutional arrangements. The policies determine further norms whose force derives from the fundamental norms. We must then say some further things to distinguish institutions and policies which we wish to designate as legal. (shrink)

Conceiving legal obligations towards future generations is challenging—especially from a positivist stance and if obligations and claims are understood as being correlative in nature. Legal obligations towards future generations are often rejected from the outset if (and insofar as) there is no explicit acknowledgement or established doctrine. This neglects the power of sound legal interpretation. I argue that obligations towards future people and generations are grounded in the relational character of human rights and that their positivity is not a problem (...) in a legal order containing norm texts that can reasonably be interpreted as acknowledging human rights; no additional enactment is necessary for these obligations to be part of the positive law. This claim is based on a (novel) concept of fundamental rights which is compatible with legal positivism. (shrink)

In this chapter, I consider an attempted reductio of two realist doctrines with substantial normative implications: theism (i.e., realism about God as standardly conceived in the main monotheistic traditions) and normative realism (i.e., realism about normative properties and facts). After characterizing these doctrines, I look closely at the charge that, given the evolutionary origins of theistic and normative belief, both theism and normative realism entail an implausible type of normative scepticism. But, beyond a common prima facie vulnerability to evolutionary (...) debunking arguments, normative realism and theism are in fact disanalogous in their resources for avoiding a reductio of this kind. As a result, what may worry theism need not worry secular varieties of normative realism. (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)

This book critically examines philosophical naturalism, evaluates the prospects for naturalizing such normative properties as being a reason, and proposes a theory of action-explanation. This theory accommodates an explanatory role for both psychological properties, such as intention, and normative properties, such as having an obligation or being intrinsically good. The overall project requires distinguishing philosophical from methodological naturalism, arguing for the possibility of a scientifically informed epistemology that is not committed to the former, and freeing the theory of action-explanation from (...) dependence on the reducibility of the mental to the physical. The project also requires distinguishing explanatory power from causal power. Explanations - at least of the kinds central in both science and everyday life - are conceived as constitutively aimed at yielding understanding. The book sketches a view of understanding that clarifies the nature of explanation, and, partly in the light of this relation, it provides a broad account of causal power on which psychological properties can possess it without being reducible to physical properties. The book concludes with an account of how, especially in the normative domain, explanations can be a priori. They may use a priori generalizations to provide understanding of what they explain, and they may clarify a priori propositions, or both. They may achieve these aims not only in logic and pure mathematics, but also in the realm of moral and other normative phenomena. The overall result is to show how philosophical understanding of both natural and normative phenomena is possible through integration with a scientific habit of mind that does not require a narrow empiricism in epistemology or a reductive naturalism in metaphysics or the theory of explanation. [Subject: Philosophy, Epistemology, Metaphysics, Action Theory, Psychology]. (shrink)

We are subject to many different norms telling us how to act, from moral norms to etiquette rules and the law. While some norms may simply be ignored, we live under the impression that others matter for what we ought to do. How can we make sense of this normative authority some norms have? Does it fit into our naturalist worldview? Many philosophers claim it does not. Normativity is conceived to be distinct from ordinary natural (...) properties, making it mysterious. The mystery fuels a radical yet prominent scepticism about the existence of normative properties: if they are too strange to actually exist, there is nothing we ought to do. Some take this to mean, moreover, that nothing is morally right or wrong. We must critically examine the ideas behind these theories, which put both morality and normativity in general on the line. -/- The aim of this thesis is to unravel the mystery of normativity. It uncovers and objects to the influential non-natural conception of it, arguing that we can capture normativity with natural properties. In particular, it explores how the authority of norms can be explained by the commitments of the people subject to them. In connection to this, it challenges the conceptual claim behind the view that all moral judgements are mistaken. Finally, it reveals that treating morality as a mere fiction has revolutionary practical implications. This emphasises the importance of the overall conclusion: we need not conceive of either moral or normative properties as too mysterious to exist. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Conceiving People: Genetic Knowledge and the Ethics of Sperm and Egg Donation by Daniel GrollMelissa MoschellaGROLL, Daniel. Conceiving People: Genetic Knowledge and the Ethics of Sperm and Egg Donation. New York: Oxford University Press, 2021. 256 pp. Cloth, $74.00In Conceiving People, Daniel Groll argues that, generally speaking, those intending to conceive with the help of donor gametes have a moral obligation to use an open donor rather than (...) an anonymous one. This obligation is grounded on the likelihood that their children will have a significant future interest in acquiring genetic knowledge, defined as "knowledge of who one's genetic progenitors are." Groll labels this view the significant interest view, which he argues for largely on empirical grounds.Before beginning his defense of the significant interest view, Groll dedicates chapter 2 to arguing that parents who conceive with the help of donor gametes should not keep this a secret from their children. His position on this point reflects the current consensus on the subject, but he offers a novel argument for it, based on the claim that keeping "the secret" in itself harms the parent–child relationship by inherently compromising the intimacy proper to that relationship.Chapter 3 presents the significant interest view in greater detail, distinguishing it from two other approaches: (1) the "Profound Prudential Good view," taken from the work of David Velleman, according to which "genetic knowledge is a profound prudential good and people who lack it will have tremendous trouble figuring out who they are," and (2) the view that "people have a right to genetic knowledge." Unlike these competing approaches, Groll's view "does not directly depend on claims about the value of genetic knowledge" but is based primarily on the fact that "many donor-conceived people are subjectively interested in having genetic knowledge," combined with the claim that parents have an obligation to promote their children's well-being by satisfying their worthwhile significant subjective interests. Because Groll's argument depends on the worth and significance of genetic knowledge, it is vulnerable to what he calls the "sideshow objection"—that is, that the significant interest view is just a sideshow, and the worth of genetic knowledge is what actually does the important normative work. At the same time, Groll's view that the interest in genetic knowledge is worthwhile and significant also leaves him open to the "bionormativity objection," according to which the interest in genetic knowledge "is morally problematic in virtue of evincing and entrenching a kind of bionormative prejudice" that sees the biological family as a normative ideal. [End Page 141]Responding to these two objections is the task of chapters 4 and 5. Chapter 4 argues that genetic knowledge is an objective but "prudentially optional good," meaning that "its value is not fungible, but a life that lacks it is not thereby impoverished." This distinguishes Groll's view from the profound prudential good view, which he characterizes as a form of "genetic chauvinism." Groll argues that genetic knowledge is valuable because it can provide insight into personal identity by answering questions about how I came to be and who I am like, but that the genetic knowledge is not the only or best way to answer these questions (thus explaining why it is optional, and why the significant interest view is not just a sideshow).Chapter 5 addresses the "bionormativity objection," which includes both "heteronormativity" (privileging families headed by a mother and father) and "biogenetic normativity" (privileging genetically related families). Groll ultimately responds to this objection by arguing that, even if (as Groll believes) our current society overemphasizes the importance of genetic relationships, "the interest in genetic knowledge is rationally intelligible quite apart from the bionormative social milieu that surrounds it."Chapters 6 through 8 present the implications of the preceding argument. Chapter 6 argues that the reasons to use an open donor are generally conclusive, because most reasons parents might have to use an anonymous donor do not outweigh the child's significant interest in obtaining genetic knowledge. Chapter 7 considers the responsibilities of gamete donors, arguing that gamete donation is not morally objectionable because it is permissible for donors to transfer prospective parenthood responsibilities... (shrink)

Sosa takes epistemic normativity to be kind of performance normativity: a belief is correct because a believer sets a positive value to truth as an aim and performs aptly and adroitly. I object to this teleological picture that beliefs are not performances, and that epistemic reasons or beliefs cannot be balanced against practical reasons. Although the picture fits the nature of inquiry, it does not fit the normative nature of believing, which has to be conceived along distinct lines.

Here is a surprisingly neglected question in contemporary epistemology: what is it for an agent to believe that p in response to a normative reason for them to believe that p? On one style of answer, believing for the normative reason that q factors into believing that p in the light of the apparent reason that q, where one can be in that kind of state even if q is false, in conjunction with further independent conditions such as q’s being (...) a normative reason to believe that p. The primary objective of this paper is to demonstrate that that style of answer cannot be right, because we must conceive of believing for a normative reason as constitutively involving a kind of rationality-involving relation that can be instantiated at all only if there is a known fact on the scene, which the agent treats as a normative reason. A secondary objective, achieved along the way, is to demonstrate that in their Prime Time Errol Lord and Kurt Sylvan do not succeed in undermining the factoring picture in general, only a simple-minded version of it. (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)

Deontic logic is standardly conceived as the logic of true statements about the existence of obligations and permissions. In his last writings on the subject, G. H. von Wright criticized this view of deontic logic, stressing the rationality of norm imposition as the proper foundation of deontic logic. The present paper is an attempt to advance such an account of deontic logic using the formal apparatus of update semantics and dynamic logic. That is, we first define norm systems and (...) a semantics of norm performatives as transformations of the norm system. Then a static modal logic for norm propositions is defined on that basis. In the course of this exposition we stress the performative nature of (i) free choice permission, (ii) the sealing legal principle and (iii) the social nature of permission. That is, (i) granting a disjunctive permission means granting permission for both disjuncts; (ii) non-prohibition does not entail permission, but the authority can declare that whatever he does not forbid is thereby permitted; and (iii) granting permission to one person means that all others are committed to not prevent the invocation of that permission. (shrink)

Given the persistent conception of rhetoric as effective persuasion by any means for individual success, it is desirable to describe an alternative standard for evaluating argumentation from a rhetorical perspective. I submit formal propriety as a key norm. Conceiving of form as a process of expectation and fulfillment offers a method of reconstructing argumentation that is both descriptive and normative. I illustrate the method by critiquing a sample of argumentation, and conclude by addressing the strengths and limitations of this analytical (...) approach. (shrink)

In this paper I intend to identify the kind of Amoralism Nietzsche is arguing for in his writings of the middle period. In the first part of the paper, I focus on the presuppositions as well as on the motivation underlying this version of the amoralist position. Nietzsche diagnoses a normative conflict between intellectual integrity and the metaphysical presuppositions of our moral vocabulary and practices. This diagnosis leads him to the conclusion that we should reform a substantive part of our (...) moral intuitions. However, this first critique of morality, one that we could label an internal critique, is not all that Nietzsche has to say about normativity, even if we consider only the works of the middle period. According to my interpretation, Nietzsche is committed to a position that could be described as normative Minimalism. By developing this position, Nietzsche was clearly influenced by Montaigne´s reception of both Epicureanism and Pyrrhonism. The kind of human life Nietzsche associated with this position is identified by him with the life of the free spirits, conceived as both a genuine heir and an emulator of the ascetic types made possible by the Christian culture, paradigmatically exemplified by Pascal and the French Jansenists. In the second part of this paper, I contrast this kind of normative Minimalism with Nietzsche´s defence of Perfectionism in his later works. I conclude my paper by calling attention to some argumentative advantages of normative Minimalism and to some argumentative difficulties that Perfectionism cannot preclude (from a genuine Nietzschean perspective). (shrink)

The view (held, e.g., by Davidson) that the having of beliefs and desires presupposes the having of reflective capacities is sometimes supported by appealing to the idea that the concept of belief is a concept of a mental state which involves a normative aspect: beliefs can be “successful” or “unsuccessful” from the perspective of their possessors, and sometimes discarded in light of their “failure.” This naturally invites the idea that believers must be capable of reflecting on their beliefs. Desires presuppose (...) reflectivity if only in virtue of their essential linkage with beliefs. This paper suggests a sense in which mental states—including those of non-reflective creatures—can have such a normative aspect. On this suggestion, the intelligible relations that obtain between cognitive states and conative states open the door for the possibility of normativity without reflectivity. Due to these relations, a creature's beliefs can be successful or unsuccessful from its own perspective even without its conceiving of them. (shrink)

Displacing the physiological model that had held sway in 19th-century medical thinking, early 20th-century hormone research promoted an understanding of the body and sexual desires in which variations in sex characteristics and non-reproductive sexual behaviours such as homosexuality were attributed to anomalies in the internal secretions produced by the testes or the ovaries. Biotypology, a new brand of medical science conceived and led by the Italian endocrinologist Nicola Pende, employed hormone research to study human types and hormone treatments to (...) normalise individuals who did not conform to accepted medical norms. Latin American medical doctors, eugenicists, and sexologists took up biotypology with enthusiasm. This article considers the case studies of Italy, Argentina, and Brazil, and analyses the work of medical doctors who adopted a biotypological mode of reasoning and employed to various extents hormone therapies in their practice. By focusing on hormone therapies that aimed to normalise secondary sexual characteristics and the sexual instinct, the article suggests that while the existence of normality was contested to the point that a number of medical scientists argued that no such thing existed, the pursuit of normality was carried out in very practical terms through the new medical technologies hormone research had introduced. (shrink)

This paper examines the problem of normativity in contemporary legal theory, paying particular attention to the relationship between the conception of the problem and related explanations of behaviour. The first part of the paper shows how the problem of normativity, conceived of as a matter of determining how legal norms function as reasons for action, is linked to an explanation of behaviour that is posited or assumed to be capable of being guided by reasons. More importantly for the (...) purposes of the paper, the first part also shows the problem of normativity plays a certain function thanks to which a theorist can, e.g., evaluate lawmaking and adjudication practices ; scrutinise the reasonabless of norms ; critically examine the circumstances under which law is authoritative ; or make distinctions between certain kinds of phenomena that influence conduct. The second part of the paper offers the sketch of an alternative relationship between a conception of the problem of normativity and an explanation of behaviour. The general aim of the paper is to endorse an engagement with the works of others that pays attention to the relationship between problems and explanations, and to the implications of any one way of drawing that relationship for images and practices of theorising. (shrink)

[David Papineau] This paper disputes the common assumption that the normativity of conceptual judgement poses a problem for naturalism. My overall strategy is to argue that norms of judgement derive from moral or personal values, particularly when such values are attached to the end of truth. While there are philosophical problems associated with both moral and personal values, they are not special to the realm of judgement, nor peculiar to naturalist philosophies. This approach to the normativity of judgement is (...) made possible by naturalist views of truth, that is, views which do not presuppose normativity in explaining truth. /// [Julia Tanney] This paper attempts to describe why it is not possible to account for normative phenomena in non-normative terms. It argues that Papineau's attempt to locate norms of judgement 'outside' content, grounded in an individual's desires or reasons, mislocates the normativity that is thought to resist appropriation within a 'world that conceives nature as the realm of law'. It agrees, however, that a theory of content that locates norms 'inside' content will not be forthcoming-at least if this is to require fashioning the norms that in some sense govern judgment or thought into individually necessary conditions for contentful states. (shrink)

In this paper we take inspiration from a couple of authors on how to think about normative (in)consistency, and then show how to conceive of normative inconsistency in an xstit framework. One view on normative inconsistency is from von Wright, and the other from Hamblin. These two accounts share a conception of normative inconsistency, but their formal frameworks are very different. We propose a way to get the best of both views on normative inconsistency by using an xstit framework, mixed (...) with a version of Anderson’s reduction of deontic logic to alethic modal logic. We consider variations on those ideas and relate it to a work of Ruth Barcan Marcus. (shrink)

Sartre and Kant are not often compared, especially because the former is frequently considered a theorist of a totally arbitrary free will. Nevertheless, this is not a fair interpretation of Sartre. Starting already from Being and Nothingness, he conceived an ethical difference between bad faith and authenticity. More unequivocally, in Notebooks for an Ethics he developed an existentialist ethics, which is more Kantian than expected. In that text, the ethical ideal of authenticity is not so different from the ethical (...) ideal of autonomy in Kant. The aim of this article is to characterize Sartrean authenticity as a radicalization of Kantian autonomy. In both cases, there is a normative criterion, which implies a correct exercise of freedom towards oneself and others. This correct exercise of freedom implies for Kant the exclusion of the will determined by material conditions. For Sartre, this correct exercise means the rejection of bad faith. There is also a similar connection between autonomy and respect in Kant, and between authenticity and generosity in Sartre. Highlighting this little‐known affinity between the two most radical philosophers of freedom could also reveal a non‐ideological Sartre, ready to dialogue with contemporary ethical debate. (shrink)

There are two accounts of the normative foundation of intergenerationel business ethics, agent-variant theories and agent-invariant theories. Each of them faces a specific challenge: agent-variant theories have to deal with the inverse non-identity problem, while agent-invariant theories are vulnerable to the moral crowding-out effect. Both are particularly difficult to deal with within a reductivist approach that conceives of corporations as distinct moral agents whose responsibility cannot be reduced to the responsibility of either individual agents or higher-level institutions. This might be (...) a reason to favour reductivist approaches in intergenerational contexts. (shrink)

This paper draws on the account of second nature in Aristotle, Dewey and Hegel to examine the way in which norms become embodied. It discusses the implications of this for both the authority of norms and how they can be changed. Using the example of veganism it argues that changing norms requires more than just good reasons. The appreciation of the role of second nature in culture allows us to: firstly, better conceive the difficulty and resistance of (...) individuals to changing norms because of the material resilience of norms, habits and customs in a culture. Secondly, it argues that the effective adoption of a new norm such as veganism or the behavioral change necessary to respond to climate change, requires not just more good reasons but the creation of material pathways in the culture in which those revised norms can be inhabited. (shrink)

What do we mean when we talk about the identity of a musical work and what does such an identity involve? What in fact are the properties that make it something worth protecting and preserving? These issues are not only of legal relevance; they are central to a philosophical discipline that has seen considerable advances over the last few decades: musical ontology. Taking into account its main theoretical models, this essay argues that an understanding of the ontological status of musical (...) works should acknowledge the irreducible ambivalence of music as an "art of the trace" and as a "performative art." It advocates a theory of the musical work as a "social object" and, more specifically, as a sound artefact that functions aesthetically and which is based on a trace informed by a normative value. Such a normativity is further explored in relation to three primary ways of conceiving and fixing the trace: orality, notation and phonography. (shrink)

[David Papineau] This paper disputes the common assumption that the normativity of conceptual judgement poses a problem for naturalism. My overall strategy is to argue that norms of judgement derive from moral or personal values, particularly when such values are attached to the end of truth. While there are philosophical problems associated with both moral and personal values, they are not special to the realm of judgement, nor peculiar to naturalist philosophies. This approach to the normativity of judgement is (...) made possible by naturalist views of truth, that is, views which do not presuppose normativity in explaining truth. /// [Julia Tanney] This paper attempts to describe why it is not possible to account for normative phenomena in non-normative terms. It argues that Papineau's attempt to locate norms of judgement 'outside' content, grounded in an individual's desires or reasons, mislocates the normativity that is thought to resist appropriation within a 'world that conceives nature as the realm of law'. It agrees, however, that a theory of content that locates norms 'inside' content will not be forthcoming-at least if this is to require fashioning the norms that in some sense govern judgment or thought into individually necessary conditions for contentful states. (shrink)

The present special issue of Disputatio brings together some of the best work recently done in Brazil and Portugal in the tradition of analytic philosophy (broadly conceived). Over the past ten years or so we have witnessed an impressive growth of analytic philosophy in both countries, either in terms of quantity or in terms of quality of the produced philosophy. We hope that this volume capture, at least partly, the dynamics and strength of such development. The range of philosophical (...) problems and topics covered by the contributed essays is vast, cutting across several philosophical disciplines. Indeed, one can find therein issues in philosophical logic, meta-philosophy, ethics, aesthetics, philosophy of science, philosophy of language, philosophy of mathematics and metaphysics. Such variety of subject-matter is also a trait of recent Luso-Brazilian analytic philosophy. (shrink)

The current reorganisation of universities is part of a European policy aimed at strengthening Europe’s position with regard to the emerging global knowledge economy. The transformations in view of this overall goal are hardly accompanied by a critical discussion about the function or role of universities within and for society. The common assumption that universities offer a specific ‘general education’ by linking teaching to research, goes back to the modern university idea as conceived by Wilhelm von Humboldt. This article (...) intends to show that philosophical attempts to restore the modern university model as a normative standard for criticising actual developments at European universities, have become problematic for contextual reasons that beg the basic assumptions of this model. Instead of answering the question of the ‘public role of universities’, the article rather attempts to clarify the problems with which this question is connected, from a political–philosophical perspective. It is argued that the difficulties in which the contemporary discourse about universities constantly becomes entangled, reflect more fundamental impasses and even contradictions that the modern democratic project is experiencing today. (shrink)

A new theory of the mind, the predictive processing model, is ascendant in recent work in cognitive science. According to this theory, all the mind ever fundamentally does is make hypotheses about the environment, generate prediction-errors by comparing its predictions with its sensory data, and use these prediction-errors to update its representation of the world. The theory of motivation and action to which the predictive processing model is committed has been the subject of lively debate in the literature. However, the (...) upshots of the predictive processing model for the theory of practical reason have received relatively scant attention. Here I investigate how proponents of predictive processing should conceive of practical reason. The predictive processing model has it that the practical attitudes – desires and intentions etc. – reduce to certain theoretical attitudes – in particular, to beliefs and predictions. I argue that this psychological reduction precipitates a broader normative reduction, in which practical reasoning reduces to a kind of theoretical reasoning about what you will do, and in which practical normativity turns out to really be a species of epistemic normativity. In other words, that practical reason reduces to theoretical reason. If I am correct, the predictive processing model of the mind is committed to – what I am dubbing – a ‘radical cognitivism about practical reason’. (shrink)

[David Papineau] This paper disputes the common assumption that the normativity of conceptual judgement poses a problem for naturalism. My overall strategy is to argue that norms of judgement derive from moral or personal values, particularly when such values are attached to the end of truth. While there are philosophical problems associated with both moral and personal values, they are not special to the realm of judgement, nor peculiar to naturalist philosophies. This approach to the normativity of judgement is (...) made possible by naturalist views of truth, that is, views which do not presuppose normativity in explaining truth. /// [Julia Tanney] This paper attempts to describe why it is not possible to account for normative phenomena in non-normative terms. It argues that Papineau's attempt to locate norms of judgement 'outside' content, grounded in an individual's desires or reasons, mislocates the normativity that is thought to resist appropriation within a 'world that conceives nature as the realm of law'. It agrees, however, that a theory of content that locates norms 'inside' content will not be forthcoming-at least if this is to require fashioning the norms that in some sense govern judgment or thought into individually necessary conditions for contentful states. (shrink)

The word “organism” represents an original keyword of the early-modern philosophical world. As it was first developed by Leibniz, it seems to blend together two different conceptual paradigms: the Cartesian model of the “machines” and the Aristotelian legacy of the “individual natures”. According to the first, nature represents itself the prototype of any good mechanical functioning, but at the same time its inner development is explained by the occurrence of a normative dimension that rules the world of primitive forces in (...) the dynamics. For such reasons, the “organism” lexicon is affected by an internal stress that is extremely interesting to analyze for it seems to posit a normative turn acting from the within of a mechanically conceived notion of life. (shrink)

According to Rainer Forst, a critical theory of power must break with the tendency of political theorists to conceive of power in opposition to normativity. Appropriately, Forst proposes a noumenal definition according to which power is normative: It works through recognition of reasons and is thereby open to critical assessment. In this discussion note, I first clarify the normativity of power in Forst’s noumenal theory by means of Donald Davidson’s theory of action and then explain how theory of action leads (...) to a different understanding of force and violence from Forst’s noumenal theory. In doing this, I find reason to endorse a non-normative definition of power on the lines proposed by Robert Dahl and endorsed by most authors in analytical political theory. This definition nevertheless remains faithful to Forst’s methodological guideline that a theory of power must keep in view the relations between power and normativity. (shrink)

This thesis engages with three topics and the relationships between them: (i) the phenomenon of disagreement (paradigmatically, where one person makes a claim and another denies it); (ii) the normative character of disagreements (the issue of whether, and in what sense, one of the parties is “at fault” for believing something that’s untrue); (iii) the issue of which theory of what truth is can best accommodate the norms relating belief and truth. People disagree about all sorts of things: about (...) whether climate is changing, death penalty is wrong, sushi is delicious, or Louis C.K. is funny. However, even focusing on disagreements in the evaluative domain (e.g., taste, moral and comedic), where people have the intuition that there is ‘no fact of the matter’ about who is right, there are significant differences that require explanation. For instance, disagreement about taste is generally perceived as shallow. People accept to disagree and live comfortably with that fact. By contrast, moral disagreement is perceived as deep and sometimes hard to tolerate. Comedic disagreement is similar to taste. However, it may involve an element of ‘intellectual snobbery’ that is absent in taste disagreement. The immediate questions are whether these contrasts allow of precise characterization and what is responsible for them. I argue that, once a case is made for the truth-aptness of judgments in these areas, the contrast can be explained in terms of variable normative function of truth – as exerting a lightweight normative constraint in the domain of taste and a stricter constraint in the moral domain. In particular I claim that while truth in the moral domain exerts a sui generis deontic control, this normative feature of truth is silent in both the taste and the comedic domains. This leads me to investigate how to conceive of truth in the light of normative variability. I argue that an amended version of deflationism – minimally inflated deflationism – can account for the normative variability of truth. (shrink)

Neuroethics is typically conceived of as consisting of two traditions: the ethics of neuroscience and the neuroscience of moral judgment. However, recent work has sought to draw philosophical and ethical implications from the neuroscience of moral judgment. Such work, which concernsnormative moral neuroscience(NMN), is sufficiently distinct and complex to deserve recognition as a third tradition of neuroethics. Recognizing it as such can reduce confusion among researchers, eliminating conflations among both critics and proponents of NMN.This article identifies and unpacks some (...) of the most prominent goals, characteristic assumptions, and unique arguments in NMN and addresses some of the strongest objections NMN faces. The paper synthesizes these considerations into a set of heuristics, or loose discovery principles, that can help overcome obstacles in and attenuate resistance to NMN. These heuristics may simultaneously help identify those projects in NMN that are most likely to be fruitful and help fortify them. (shrink)

Sosa famously argues that epistemic normativity is a species of “performance normativity,” comparing beliefs to archery shots. However, philosophers have traditionally conceived of beliefs as states, which means that they are not dynamic or telic like performances. A natural response to this tension is to argue that belief formation rather than belief itself is the proper target of epistemic normativity. This response is rejected here on grounds of the way it obscures the “here and now” exercise of cognitive agency (...) that I view as central to any account of epistemic normativity and doxastic agency. Although the etiology of a belief can be relevant to its normative status, often so much more is relevant and more centrally so. This generates a dilemma for anyone following Sosa in pursuing the idea that epistemic normativity is a species of performance normativity. (shrink)

Sosa famously argues that epistemic normativity is a species of “performance normativity,” comparing beliefs to archery shots. However, philosophers have traditionally conceived of beliefs as states, which means that they are not dynamic or telic like performances. A natural response to this tension is to argue that belief formation rather than belief itself is the proper target of epistemic normativity. This response is rejected here on grounds of the way it obscures the “here and now” exercise of cognitive agency (...) that I view as central to any account of epistemic normativity and doxastic agency. Although the etiology of a belief can be relevant to its normative status, often so much more is relevant and more centrally so. This generates a dilemma for anyone following Sosa in pursuing the idea that epistemic normativity is a species of performance normativity. (shrink)

There is a large literature exploring the effect of norms on the attribution of causation. Empirical research on this so-called “norm effect” has predominantly focused on two data points: A situation in which an agent violates a salient norm, and one in which there is no violation of a salient norm. Since the phenomenon is understood in bivalent terms (norm infraction vs. no norm infraction), most explanations thereof have the same structure. In this paper, we report several studies (total (...) N=479) according to which perceived causation depends on the strength of the norm violated – whether strength is conceived in terms of the norm’s strictness, explicitness or associated punishment. Consequently, the norm effect, properly conceived, is not bivalent but graded in nature, the standard data points (norm violation vs. no norm violation) are but a special case of a broader phenomenon. This, we argue, puts pressure on many, if not most, of the current explanations of the norm effect on causation. (shrink)

Abstract.The authors concentrate on the analysis of the concept of permission. After a general account of differing concepts of permission both with regard to different legal theories and to different legal ideologies, they argue in favour of a “radical” imperativism which leaves no place for permissive norms. Thus, in contrast with the logic of normative language (LNL) purported by Alchourrón and Bulygin, the authors figure out a system of deontic logic ‐ supplemented by devices of the possible world semantics (...) ‐ according to which a normative system (N) is conceived as a set of logical consequences of a certain finite set of basic obligations and no room is left either for the concept of weak permission or for the concept of strong permission. Finally the authors raise some criticisms concerning the view maintained by Alchourron and Bulygin on strong permission.*. (shrink)

This paper argues that we ought to conceive of normativity as a matter of the exercise of fallible abilities that make a fragile pact with the future. To conceive normativity in this fashion we also need to change our image and practice of thinking, i.e., we need to endorse thoughtfulness, which consists in the ability and willingness to widen the scope (or, sometimes, change) that which we find insightful. This approach to normativity, and this image and practice of thinking, is (...) at odds with the dominant contemporary approach to normativity, which, it is argued here, is characterised by an attempt to play god, i.e., to create and play in artificial, fantasy worlds where we can know and master all there is to know, such that we can read off, or determine in advance, the appropriateness or correctness of future actions (or events, beliefs, etc). As long as we continue to play gods in our approach to normativity, we will continue to hide away from our limitations, including, most importantly, our fallibility, animality and mortality. When we hide away from our limitations in this way we radically underestimate the demands of moral and political life. (shrink)

Understanding the nature of social normativity is important for contemporary analytical legal philosophy. For one, such an account may help articulate the form of the social conventions that are said to be at the foundations of the rule of recognition. This paper argues that accounts of the nature of social normativity ought not to be based on the idea that social life is governed or regulated by norms. Rather, accounts of social normativity ought to be centred on the notion (...) of how persons learn (and unlearn) what they come to anticipate. The first part of the paper offers some illustrations of such an account. The second part of the paper shows how social normativity so conceived can avoid some of the problems that bedevil the currently dominant view (or assumption) that social life is regulated or governed by norms. These problems include, first, difficulties associated with how much deliberative reflection and awareness to demand from participants in social life (accounts of social normativity are often said to be unrealistic or hyper-committal for demanding too much of both, which is not a criticism that can be made of the account offered here); and second, difficulties caused by assuming or positing that there can be a fact of the matter, unmediated by the evaluation or judgement of persons, as to whether or not some action is correct or incorrect on the basis that it merely conforms (or not, as the case may be) to some norm or set of norms (which is not an assumption made or a position endorsed by the account offered here). The paper does not aim to provide a comprehensive statement of the alternative view of social normativity. Rather, it seeks merely to introduce it and to suggest some of the ways in which it improves on the currently dominant view. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 9.4 (2002) 313-316 [Access article in PDF] Normativity and Pathology Mike Gane Keywords: positivism, sociology, pathology, normativity. THE STRENGTH OF VICTORIA MARGREE'S contribution to the examination of the thematic of pathology and its Nietzschean/Canguilhemian variation is that it reveals the challenging complexity of this theme. My comments on this contribution are developed from an interest in the ways that the concern with pathology was part (...) of the initial program of the social sciences, particularly sociology, as it was inaugurated by Auguste Comte and Emile Durkheim in its formative period. Margree touches on the importance of social analysis at the end of her paper; my comments work to some extent in the opposite direction—from the social to the psychological. My concerns lead me to contest a number of her epistemological positions, particularly those concerning the notion of positivism and "objective" analysis.For the first positivist philosophers, positivism was primarily a method; in fact it embraced the set of methods developed by the sciences to obtain the highest degree of objectivity. It was explicitly opposed to methodological reductionism, arguing that each science had specific methods applicable to its own domain. Canguilhem was certainly against methodological reductionism (Renard 1996, 127), but Margree's conception of positivism in psychology as biological reductionism is quite a different and is a later-derived variation of positivism. As such perhaps it should not be conflated with early notions of pathology. Sociological positivism as developed in Durkheim's methodology, although different in many aspects from that of Comte, retained the idea that scientific objectivity was to be the result of epistemological procedures, not what might be called ontological reduction to a physical level of the object. Durkheim tries to clarify the rules governing the analysis of abnormal forms and to define social dysfunction and teratology. The general field of abnormal forms or pathology in the analysis of social life fell into decline after Durkheim and was abandoned in favor of the study of social deviance. The very idea of a study of social pathology itself was critiqued by Szasz and Foucault in particular as a new form of power, which came into existence at the end of the eighteenth century as an essential component of the disciplinary society. Foucault was himself clearly indebted to Canguilhem, and he made this evident on several occasions, such as his lectures at the Collège de France Les Anormaux given in 1974 and 1975 (Foucault 1999). Thus, although the field of pathology and abnormal forms continues in psychology it has been abandoned in sociology, leaving only traces (such as the concept of anomie) in the works of some thinkers such as Baudrillard, whose usage may be ironic more than an attempt to revive the terrain. Could it be that Canguilhem and Foucault [End Page 313] have then more or less swept the field clear of such scientism, even though the reconceptualization in terms of normativity suggested by Canguilhem has not been widely taken on? Indeed there may be important differences between the conceptualization of Canguilhem and Foucault (after all, as Margree points out, Canguilhem can be read as attempting to invert the relation between normativity and normative, not to withdraw from the terrain altogether). Foucault seems to approach a position elaborated in sociology earlier by Max Weber in his rejection of the attempt to use the field of pathology as a way of evading moral choices. Canguilhem discusses responsibility in "Thérapeutique, expérimentation, responsibilité" (1983, 391), noting the importance of professionalization and legal controls on professional practice.The fundamental issues posed by the project of social science continue to be haunted by the same set of problems as established in analysis of pathological phenomena, whether it be conceived in terms of order and disorder (chaos), social breakdown, radical evil, "failed states," even deviation or noncompliance with "correct" forms of language or behavior (harassment, racism, child abuse) and so on, or pathology (perversion, dysfunction, disease, illness, abnormalities). The question in part is: is there anything lost by replacing pathology with more political, religious, moral, and legal terminologies? From Foucault's point... (shrink)

This paper deals with the question of how norms are to be conceived of in order to understand their role as guidelines for human action within various normative orders, particularly in the context of law on the one hand and conventional morality on the other. After some brief remarks on the history of the term “norm,” the author outlines the most significant general features of actually existing social norms, including legal and conventional norms, from which he (...) arrives at two basic requirements on an appropriate conception of such norms: the actuality and the normativity requirements. On this basis, he enters into a critical discussion of Kelsen's highly influential view of norms, arguing that this view is doomed to failure. In the last part of the paper, the author scrutinizes the more promising “practice theory of norms” by H.L.A. Hart, which, in his view, also suffers from some shortcomings, but may be modified in a way that leads to a conception of social norms providing us with a plausible explication of their actual existence and their normative force. (shrink)

In this paper, I explore Husserl’s view on the normativity of intentionality and its neutralization. Husserl reaches his mature, normative-transcendental conception of intentionality by way of critical engagement with Brentano’s position. As opposed to Brentano, Husserl does not conceive of the normativity of intentionality as deriving from the more basic character of polar opposition. Normativity comes first and it is an original, though not universal determination of intentionality which is expressed in the identificatory achievement of constitution. Even where it is (...) absent, this absence makes itself felt since neutrality is never the simple omission of normativity but essentially its neutralizing modification. The discussion of neutrality-modification in Ideas I is, however, problematic, as I will argue by drawing upon Husserl’s research manuscripts. I aim to show that neutralization is not a single but a group of closely related intentional modifications and that ways of neutralization are best conceptualized as changes of attitude. I will then examine phantasy and aesthetic consciousness as involving two such neutralizing attitudes. What they have in common is a spirit of playfulness in contrast to the serious commitment to truth that characterizes original intentionality. The neutralization of normativity takes place in play. (shrink)