Many people believe that some things, like kidneys or sex, should not be for sale. Let us call these things “contested commodities.” Against this, Brennan and Jaworksi defend “markets without limits” (hereafter: MwL). According to this thesis: “If you may do it for free, you may do it for money” (2016, p. 10). Since we can give away our kidneys for free and have sex for free, we should be able to do these things for money. Brennan and Jaworksi deftly (...) blend rigorous philosophical argument with the latest research in social science to counter some of the most prominent against commodification. But, I will argue, their arguments stop short of establishing MwL. Brennan and Jaworksi do not say enough in favor of markets in contested commodities. (shrink)

The article shows how, by changing the formulations of habitual premises and critical questions for pre­sumptive argumentation schemes, one can evaluate an argument even before its type has become known. The argument from position to know is used to justify the possibility of detecting types of classical pre­sumptive schemes when we take into account the type of speech act used to implement them, and the speaker and listener’s awareness of each other’s propositional attitudes. The types of argument (...) from posi­tion to know are distinguished with respect to their epistemic and illocutionary variety. Following Austin one of these types can be considered a performative argument from position to know. The article describes the principles of its usage and outlines the evaluation procedure. (shrink)

In this paper, I argue that the “positive argument” for Constructive Empiricism (CE), according to which CE “makes better sense of science, and of scientific activity, than realism does” (van Fraassen 1980, 73), is an Inference to the Best Explanation (IBE). But constructive empiricists are critical of IBE, and thus they have to be critical of their own “positive argument” for CE. If my argument is sound, then constructive empiricists are in the awkward position of having to (...) reject their own “positive argument” for CE by their own lights. (shrink)

Putnam coined what is now known as the no miracles argument “[t]he positive argument for realism”. In its opposition, he put an argument that by his own standards counts as negative. But are there no positive arguments against scientific realism? I believe that there is such an argument that has figured in the back of much of the realism-debate, but, to my knowledge, has nowhere been stated and defended explicitly. This is an argument from the (...) success of quantum physics to the unlikely appropriateness of scientific realism as a philosophical stance towards science. I will here state this argument and offer a detailed defence of its premises. The purpose of this is to both exhibit in detail how far the intuition that quantum physics threatens realism can be driven, in the light also of more recent developments, as well as to exhibit possible vulnerabilities, i.e., to show where potential detractors might attack. (shrink)

Epistemic impermissivism is the view that there is never more than one doxastic attitude it is rational to have in response to one's total evidence. Epistemic permissivism is the denial of this claim. The debate between the permissivist and the impermissivist has proceeded, in large part, by way of 'negative' arguments that highlight the unattractiveness of the opposing position. In light of the deadlock that has ensued, this paper has two aims. The first is to introduce the concept of a (...) 'positive' argument for impermissivism. The second is to show that this argument faces a dilemma, one that generalizes the problems that famously arise for formal constraints like the Principle of Indifference. The aim of this paper is to strengthen the argument against the impermissivist by showing that no positive argument for impermissivism is likely to succeed. (shrink)

John Rawls famously argued that the Difference Principle would be chosen by any rational agent in the original position. Derek Parfit and Philippe Van Parijs have claimed, contra Rawls, that it is not the Difference Principle which is implied by Rawls’ original position argument, but rather the more refined Lexical Difference Principle. In this paper, we study both principles in the context of social choice under ignorance. First, we present a general format for evaluating original position arguments in this (...) context. We argue that in this format, the Difference Principle can be specified in three conceptually distinct ways. We show that these three specifications give the same choice recommendations, and can be grounded in an original position argument in combination with the well-known maximin rule. Analogously, we argue that one can give at least four plausible specifications of the Lexical Difference Principle, which however turn out to give different recommendations in concrete choice scenarios. We prove that only one of these four specifications can be grounded in an original position argument. Moreover, this one specification seems the least appealing from the viewpoint of distributive justice. This insight points towards a general weakness of original position arguments. (shrink)

Disputants in the debate regarding whether Hume's argument on induction is descriptive or normative have by and large ignored Hume’s positive argument (that custom is what determines inferences to the unobserved), largely confining themselves to intricate debates within the negative argument (that inferences to the unobserved are not founded on reason). I believe that this is a mistake, for I think Hume’s positive argument to have significant implications for the interpretation of his negative argument. In (...) this paper, I will argue that Hume’s positive and negative arguments should be read as addressing the same issues, whether normative or causal. I will then focus on the Enquiry version of Hume’s positive argument, arguing that it carries a significant normative conclusion: there, Hume argues that custom plays a normative role in justifying our inductive inferences. Given that Hume’s positive argument should be read as addressing the same issues as his negative argument, we should correspondingly read Hume’s negative argument in the Enquiry as having a normative conclusion. (shrink)

Discussion on whether Hume's treatment of induction is descriptive or normative has usually centred on Hume's negative argument, somewhat neglecting the positive argument. In this paper, I will buck this trend, focusing on the positive argument. First, I argue that Hume's positive and negative arguments should be read as addressing the same issues . I then argue that Hume's positive argument in the Enquiry is normative in nature; drawing on his discussion of scepticism in Section 12 (...) of the Enquiry, I explain a framework by which he provides what I call consequent justification for our inductive practices in his positive argument. Based on this, I argue that his negative argument in the Enquiry should similarly be read as normative in nature. (shrink)

A number of papers have argued in favour of the material account of indicative conditionals, but typically they either concentrate on defending the account from the charge that it has counterintuitive consequences, or else focus on some particular positive argument in favour of the theory. In this paper, I survey the various positive arguments that can be given, presenting simple versions where possible and showing the connections between them. I conclude with some methodological considerations.

I consider the plausibility of discounting for kinship, the view that a positive rate of pure intergenerational time preference is justifiable in terms of agent-relative moral reasons relating to partiality between generations. I respond to Parfit's objections to discounting for kinship, but then highlight a number of apparent limitations of this approach. I show that these limitations largely fall away when we reflect on social discounting in the context of decisions that concern the global community as a whole, such as (...) those related to global climate change. (shrink)

In their philosophical projects that address the concept of law, Immanuel Kant, Johann G. Fichte, and Georg W. F. Hegel all employ transcendental argumentation to demonstrate the sovereignty of community and the existence of power. They do this in the attempt to conceptually ground the idea of freedom and reconcile it with the notion of coercion within the framework of the idea of positive law. This article focuses solely on the Kantian project, since the approaches of Fichte and Hegel take (...) on a more speculative turn in addition to their transcendental form. (shrink)

In this paper I will argue that there is an inductive and a non-inductive argument from position to know, and will characterise the latter as an argument from authority because of providing content-independent reasons. I will also argue that both types of argument should be doubt-preserving: testimony cannot justify a stronger cognitive attitude in the arguer than the expert herself expresses when she testifies. Failure to appreciate this point undercuts Mizrahi’s claim that arguments from expert opinion are (...) weak. (shrink)

Paraconsistent approaches have received little attention in the literature on vagueness (at least compared to other proposals). The reason seems to be that many philosophers have found the idea that a contradiction might be true (or that a sentence and its negation might both be true) hard to swallow. Even advocates of paraconsistency on vagueness do not look very convinced when they consider this fact; since they seem to have spent more time arguing that paraconsistent theories are at least as (...) good as their paracomplete counterparts, than giving positive reasons to believe on a particular paraconsistent proposal. But it sometimes happens that the weakness of a theory turns out to be its mayor ally, and this is what (I claim) happens in a particular paraconsistent proposal known as subvaluationism. In order to make room for truth-value gluts subvaluationism needs to endorse a notion of logical consequence that is, in some sense, weaker than standard notions of consequence. But this weakness allows the subvaluationist theory to accommodate higher-order vagueness in a way that it is not available to other theories of vagueness (such as, for example, its paracomplete counterpart, supervaluationism). (shrink)

This article describes a device used to challenge a target’s normativity in the course of an argument, a members’ method employed in arguments in public places. In this device, participants seek to challenge their opponent’s normativity by implying that the target of the device is not adhering to a norm mutually agreed-to in the earlier preparatory phases of the device. A pre-challenge phase poses an ‘enticing interrogative’, a question that fails to take for granted common-sense features of the target (...) as a resource for obtaining a pre-figured reply. The resulting challenge phase implies that on the basis of the pre-challenge, the target is failing to adhere to some norm required of them by means of category or general membership. This article describes the way in which with this device parties to an argument may manufacture challenge an opponent’s normativity. (shrink)

Abstract:According to Shelly Kagan, “ordinary” or “moderate” moralists must establish the existence of “options.” Kagan considers a “negative” and a “positive” argument, which he regards as the most promising means by which moral moderates might establish their position. He offers objections to both, and he concludes that the moderate position is indefensible. I argue that Kagan fails in his attempt to discredit the negative argument. I also argue that the positive argument is so implausible that Kagan's elaborate (...) criticism of it is unnecessary. The positive argument is interesting nevertheless, because of why it cannot serve the moderate's purposes. (shrink)

Three variants of Kurt Gödel's ontological argument, proposed by Dana Scott, C. Anthony Anderson and Melvin Fitting, are encoded and rigorously assessed on the computer. In contrast to Scott's version of Gödel's argument the two variants contributed by Anderson and Fitting avoid modal collapse. Although they appear quite different on a cursory reading they are in fact closely related. This has been revealed in the computer-supported formal analysis presented in this article. Key to our formal analysis is the (...) utilization of suitably adapted notions of ultrafilters, and a careful distinction between extensions and intensions of positive properties. (shrink)

Positive rights are, roughly, rights that one be provided with certain things; and so they entail obligations on others, not merely to refrain from interfering with the bearer of the rights, but to see to it that one gets whatever one has the rights to. An example of a positive right would be the right to a welfare minimum; the right, that is, to resources sufficient to satisfy basic physical needs. In this paper I criticise a couple of recent attempts (...) (by Den Uyl and Machan, and by M. Levin) to show that alleged positive rights fail a purely formal test of universality and can thus be disqualified for that reason alone. (shrink)

This book offers a close and rigorous examination of the arguments for and against scientific realism and introduces key positions in the scientific realism/antirealism debate, which is one of the central debates in contemporary philosophy of science. On the one hand, scientific realists argue that we have good reasons to believe that our best scientific theories are approximately true because, if they were not even approximately true, they would not be able to explain and predict natural phenomena with such (...) impressive accuracy. On the other hand, antirealists argue that the success of science does not warrant belief in the approximate truth of our best scientific theories. This is because the history of science is a graveyard of theories that were once successful but were later discarded. The author eventually settles on a middle ground position between scientific realism and antirealism called "relative realism.". (shrink)

This article explores the different uses of forms of direct verbal quotes in follow-up utterances delivered during the parliamentary debates after the inaugural speech of a new chancellor in the Austrian parliament and investigates their positioning effects for members of parliament who have the first opportunity of publicly ‘doing being a government or opposition MP’ in the new legislative term. Representing the first public confrontation between government and opposition MPs, the debates foreshadow topical and interpersonal aspects of the political frontstage (...) communication in the beginning legislative term. The main purpose of this article is to investigate the relations between formal properties of direct verbal quotes, recontextualization practices, their pragmatic function, and the specific aspect of the public personae speakers foreground by their use in the inaugural debates. Although direct quotations in follow-up utterances of MPs do not occur very often, the analyses demonstrate that this specific form of discourse representation deserves attention not only because it is mainly opposition MPs who use direct quotations in uptaking discourse units, but also because of the different semiotic aspects of direct quotes which are foregrounded in the investigated recontextualization practices. These practices result in MPs’ different public self-positionings toward their role of ‘being an opposition MP’, namely, either as policy-oriented arguers or as ironic evaluators. (shrink)

Two main types of philosophical arguments have been given in support of the claim that the citizens of affluent societies have stringent moral duties to aid the global poor: “positive duty” arguments based on the notion of beneficence and “negative duty” arguments based on noninterference. Peter Singer’s positive duty argument (Singer 1972) and Thomas Pogge’s negative duty argument (Pogge 2002) are among the most prominent examples. Philosophers have made speculative claims about the relative effectiveness of these arguments in (...) promoting attitudes and behaviors that could lead to the alleviation of poverty. In this article we present the results of two empirical studies that evaluate these claims, and suggest that both arguments have a modest effect on people’s attitudes and behaviors regarding global poverty. In a replication of the second study, the negative duty argument, in particular, had a statistically significant effect on donations. We discuss the theoretical and practical significance of these results and suggest directions for further research on the role that philosophical arguments can play in engendering concern and action on pressing moral problems. (shrink)

The article discusses the V.V. Tselishchev’s original and unique systematic study of the specific and extremely complicated problems of Gödel results regarding the question of artificial intelligence essence. Tselishchev argues that the reflexive property should be considered not only as an advantage of human reasoning, but also as an objective internal limitation that appears in case of adding Gödel sentence to a theory to build a new theory. The article analyzes so-called mentalistic Gödel’s argument for fundamental superiority of human (...) intelligence over machine one and the non-algorithmic nature of natural thinking. The discussion about the Gödel argument is not entirely speculative, but contains new knowledge. An example of such knowledge are the results of R. Smullyan levels of computers “awareness,” which are may be interpreted in a psychophysical sense. The concept of “zero level of intelligence” is proposed for such a reflexive property as “awareness of selfconsciousness.” Reflexive ranks below the awareness of self-consciousness can be considered negative levels of thinking in the sense that the intelligence, being reduced to them, significantly loses its completeness. Even self-consciousness turns out to be a negative level of thinking, since, according to Smullyan, the subject of self-consciousness is unaware of the type of thought to which he belongs. A thought experiment is proposed that allows us to establish the distribution of the properties of Smullyan stability and normality and to answer the question “Does an intuitive belief in the truth of a formal proof affect the truth of a proposition being proved?” According to intuitionism, the most unpleasant epistemic property is instability: beliefs that are not based on deep intuitions have no value. According to the constructivist philosophy of mathematics, instability is a less negative property than abnormality: the fact that high-ranking beliefs cannot be immersed to the very foundations is not significant because violation of truth due to lowering the rank of reflection is not critical. (shrink)

A ‘community of minds’ has long been presumed to be a condition of possibility for genuine argumentative interactions. In part because of this disciplinary presupposition, argumentation scholars tend to exclude from their scope of inquiry conflict resolution among culturally heterogeneous and ideologically incompatible formations. Such a stance needs to be reexamined in view of recent developments in the on-going process of globalization. The unprecedented worldwide economic and financial integration has created for the first time a ‘generalized interest’ across national and (...) continental boundaries. The need to countercheck global market forces has given rise to calls for a ‘global legal/ethical system’ or even a ‘transnational public sphere.’ Non-Western interlocutors in general are willing to debate cross-cultural issues in Western terms. Increasingly, Western interlocutors are also seeking to justify Western positions in non-Western terms. This emerging situation renders it both necessary and possible to argue across the boundaries of communities that do not share the same cultural or rhetorical tradition. It also poses a host of theoretical and practical issues whose exploration and analysis should become a new focus of argumentation studies. (shrink)

Data are presented that focus on the nature and development of argumentative reasoning. In particular our study describes how support for or against an issue affects memory for critical parts of an argumentative interaction, judgments of argument goodness, and the content of the reasons given in support of one view versus another. Two other factors were examined: developmental differences in argumentation skill and the conditional nature of supporting one side of an argument across varying contexts. Our results show (...) that even seven year old children can recognize, identify, and use the basic components of an argument to provide evidence for and make judgements about their favored position. Moreover, if position support is held constant across all age groups of students, seven year old children were found to give reasons and explanations that were highly similar in content and principle to college students. The same similarities held across age with respect to biases in memory and judgements of argument goodness. The primary difference between children's and college students' argument behavior lay in the side of an argument the students chose to support. Seven year old children and some eleven yearold children supported positions that impute more value to friendship and social consequences than to the maintenance and advancement of individual rights, as specified in a contract agreement. The similarities and differences across development are discussed with respect to a theory of argumentation that speaks to the importance of understanding the nature of goal conflict and a theory of intentionality in predicting how arguments will be represented and resolved. (shrink)

Affirmative action continues to divide. My aim in this paper is to present participants in the debate with a new distinction, namely one between negative and positive affirmative action. Whereas positive affirmative action has to do with certain goods, such as a place at a prestigious university or a job at a prestigious company, negative affirmative action has to do with certain bads, such as a firing or a sentence. I then argue that some of the most prominent arguments in (...) favor of affirmative action speak at least as much in favor of negative as positive affirmative action. At the same time, at least one of the most prominent arguments put forward against affirmative action speak less against negative affirmative action. Thus, the paper should redraw the battle lines in the affirmative action debate. (shrink)

A German writer's aphoristic, poetic, and difficult reflections on Heidegger's Being and Time. There is a beyond of reason and unreason. It is the human psyche. —Positive Nihilism Like many German intellectuals, Hartmut Lange has long grappled with Heidegger. Positive Nihilism is the result of a lifetime of reading Being and Time and offers a series of reflections that are aphoristic, poetic, and (appropriately, considering his object of study) difficult. Lange begins with an abyss (“There is an abyss of the (...) finite. It is temporality”) and proceeds almost immediately to extremity: “The twentieth century was governed by psychopaths. They collapsed the boundaries of moral reason and refuted Kant's analysis of consciousness.” He reflects further: “But who shall punish whom? One man's virtue is another man's crime. Thus Hitler could feel unwaveringly, as he wiped out entire populations, the starry sky above him and the moral law within him, as stipulated by Kant.” He considers the concept of civilization (“misleading”; “how should one oppose the remedies of civilization to the egomania, the murderous appetites of such outright psychopaths as Stalin or Pol Pot?”), the act of thinking (a fata morgana), the psyche, and Heidegger's Dasein. Positive Nihilism can be considered a pocket companion to Being and Time. “Heidegger's understanding of Being is nihilistic,” Lange writes, and then explains his assertion. He draws on Kant, Nietzsche, Kierkegaard, and Shakespeare's Othello for supporting arguments and illustrations. “Everyone is possessed of the courage to have angst about death. The question is whether this courage necessarily secures those vital advantages Heidegger alleges”–that “self-understanding [is] the mental anticipation of death.” Lange wrestles with Heidegger's position, calling on Tolstoy, Georg Trakl, Herman Bang, and Heinrich von Kleist to argue against it. (shrink)

A central charge against T. H. Green’s conception of positive freedom is that it confuses freedom and social justice. Rather than illuminating and elucidating the meaning of liberty, Green, so the criticism goes, under the disguise of a definition, recommends social ideals and principles such as social justice. The validity of such arguments is not the focus of my concern. I argue, instead, that contemporary efforts to defend social legislation, the welfare state, and socialism from the claims of negative freedom (...) overlook the important interplay between context, conceptual mutability, and conceptual relationality in the construction of normative political arguments. Green’s conceptualization of positive freedom unveils just such interplay. To reclaim the vital conceptual-normative role of positive freedom in the tradition of liberalism and its contemporary discourse is the task of this paper. (shrink)

Coalescent argumentation is a normative ideal that involves the joining together of two disparate claims through recognition and exploration of opposing positions. By uncovering the crucial connection between a claim and the attitudes, beliefs, feelings, values and needs to which it is connected dispute partners are able to identify points of agreement and disagreement. These points can then be utilized to effect coalescence, a joining or merging of divergent positions, by forming the basis for a mutual investigation of (...) non-conflictual options that might otherwise have remained unconsidered. The essay proceeds by defining and discussing ‘argument’, ‘position’ and ‘understanding’. These notions are then brought together to outline the concept of coalescent reasoning. (shrink)

In this paper, I defend epistemological contrastivism—the view that propositional knowledge is a three-place, contrastive relation between an agent, a proposition and a contrast term—against two a priori arguments recently offered by Mikkel Gerken for the conclusion that intuitive judgements exhibiting a contrast effect on knowledge ascriptions are false positives. I show that the epistemic argument for false positives begs the question against contrastivism by assuming the independently implausible claim that knowledge of a contrastive proposition always presupposes knowledge of (...) a related ordinary proposition. This claim is apparently also presupposed by the doxastic argument for false positives, the conclusion of which, I argue, is not only perfectly compatible with epistemological contrastivism but also heavily dependent on a de dicto construal of the relevant knowledge ascriptions. (shrink)

In “The Zygote Argument is Invalid: Now What?” (2015), Kristin Mickelson published an objection to the Zygote Argument that she first presented in 2012 as workshop comments on a draft of Mele's "Manipulation, Moral Responsibility, and Bullet-Biting" (2013). Assuming that the phrase "determinism precludes free will" means something like determinism-related causal factors are what prevent people from acting freely when determinism is true, Mele's original Zygote Argument was invalid. At the workshop, Mickelson presented Mele with two options (...) to address the problem, a premise-preserving option and a conclusion-preserving option. That is, Mele could change the conclusion of the original argument to the negative, non-explanatory thesis entailed by its original two premises, or find a way to add premises that would support the positive, explanatory conclusion of the original argument (which, notably, is the conclusion that Pereboom supports using best-explanation reasoning in his Four-Case Argument). Mickelson used this as an opportunity to explain the key contribution that best-explanation reasoning makes to manipulation arguments -- and why the best variant of the manipulation argument might conclude that incompatibilism is FALSE. In response to Mickelson's objection, Mele changed the conclusion of the argument before "Manipulation, Moral Responsibility, and Bullet-Biting" went to print, choosing Mickelson's proposal to change its conclusion over the suggestion to change its premises. However, Mele failed to mention Mickelson's invalidity objection in print and that he changed the conclusion of his argument as a direct response to it; nor did Mele mention the costs that Mickelson outlined for the premise-preserving solution that he adopted or the benefits of a conclusion-preserving solution. At the same time, Mele began using the term 'incompatibilism' to pick out the negative, non-explanatory claim supported by the newly revised Zygote Argument--and also started to claim (without providing evidence) that those who use the term 'incompatibilism' to denote the explanatory claim deterministic causal factors *make it the case* that no one acts freely when determinism is true" is guilty of using the term in a nonstandard and nontraditional way that he had "never had any use for"--failing to mention that he clearly used the term in this explanatory sense in his 2005 critique of the Four-Case Argument, which is to be expected give that Derk Pereboom uses the explanatory definition (as do Kadri Vihvelin, Carolina Sartorio, and *most* other contributors to the free-will literature). In THIS reply essay, Mickelson responds to an attempt by Gabriel De Marco (FSU, advisor Alfred Mele) to defend the original Zygote Argument from Mickelson's 2012/2015 critique. Unfortunately, both of De Marco's proposed "solutions" are non-starters. The first is a non-starter because De Marco merely repeats the premise-preserving solution that Mickelson offered to Mele in 2012 and that Mele adopted in print in 2013. In other words, De Marco took credit for the premise-preserving solution to the invalidity objection that Mickelson developed (although he does *redescribe* Mickelson's solution in his own idiosyncratic jargon) and Mele had already adopted in print. De Marco's second solution is a non-starter because it is constituted by a patently invalid argument. Contrary to De Marco's proposal, it's not true that the conjunction of possibilism and incompossibilism deductively entails the positive, diagnostic claim that deterministic causal factors beyond one's control preclude (destroy, undermine, is antagonistically relevant to) free will when determinism is true. *My thanks to the editors of Philosophia for publishing this reply when PhilStudies would not. (shrink)

The paper is a sustained analysis of some recent work on transcendental arguments with a view to assessing both its relevance to Kant's philosophy and its historical accuracy. Robert Stem's reading of Kant's philosophical aims is examined and criticized narrowly, and Barry Stroud's influential objection to transcendental arguments as a class is shown to be harmless. Kant is presented as a friend rather than a foe of scepticism, and his 'proto-verificationist' criterion of meaning is shown to underpin, rather than undermine, (...) the sceptical position. (shrink)

The prospects for realistic interpretation of the nature of initial mathematical truths and objects are considered in the article. The arguments of realism, reasons impeding its recognition among philosophers of mathematics as well as the ways to eliminate these reasons are discussed. It is proven that the absence of acceptable ontological interpretation of mathematical realism is the main obstacle to its recognition. This paper explicates the introductory positions of this interpretation and presents a realistic interpretation of the arithmetical component (...) of mathematics. In summary, we should like to note that such constructions, as it is shown to us, ought to bring the direct use not only for the philosophical foundation of mathematics but for mathematics itself. In the justification of the author’s conclusions based on the works of famous mathematicians of the twentieth century, interpreting their findings in a broad historical and philosophical context. To illustrate his point, the author gives examples of arithmetic and geometry - both Euclidean and non-Euclidean. (shrink)

Conductive arguments, as a separate category of reasoning, has experienced a revival. In 2010, the University of Windsor’s Centre for Research in Reasoning, Argumentation, and Rhetoric dedicated a two-day symposium to the topic and later published the proceedings. In this article, I argue against the existence of conductive arguments as a usefully distinct type of argument. Some of what are deemed conductive arguments are simply inductive arguments and some are best construed as subsets of the constituents of what is (...) commonly called a position paper. (shrink)

Dworkin's theoretical disagreement argument, developed in Law's Empire, is presented in that work as the motivator for his interpretive account of law. Like Dworkin's earlier arguments critical of legal positivism, the argument from theoretical disagreement has generated a lively exchange with legal positivists. It has motivated three of them to develop innovative positivist positions. In its original guise, the argument from theoretical disagreement is presented as ‘the semantic sting argument’. However, the argument from theoretical (...) disagreement has more than one version. This article briefly discusses two versions and the leading replies to them, then focuses on the most influential version, directed at Hartian positivism. The article surveys the leading positivist rejoinders to the recast version, indicating key Dworkinian replies or assessing the strength of these rejoinders, and concludes with a rejoinder of its own, making a new case that the argument from theoretical disagreement isn't fatal for Hartian legal positivism. (shrink)

The Operator Argument against eternalism holds that having non-vacuous tense operators in the language is incompatible with the claim that every proposition has its truth-value eternally. Assuming that (1) there are non-vacuous tense operators, (2) tense operators operate on propositions and (3) tense operators which operate on eternal entities are vacuous, it may be argued that eternalism is false. In this paper, I examine the Operator Argument. The goal is threefold. First, I want to present some aspects of (...) the debate in a more elaborate way, especially those concerning formal matters. Secondly, I will argue that eternalism can escape the Operator Argument. There are two main strategies for handling the Operator Argument. The first one is based on replacing temporal operators with object-language quantifiers. The second rejects the identification of compositional semantic value with assertoric content. My third goal is to show that none of them is as good as the strategy that adopts Timestamp Semantics (Fritz in Philosl Stud 176:2933–2959, 2019). I am going to argue that the quantificational treatment of tenses is compatible with temporalism and that the arguments for rejecting the identification of compositional semantic value with assertoric content provide, in fact, a motivation for the temporalist position. At the end, I will develop Timestamp Semantics by providing a novel formalization of it, and defend it against three potential counter-arguments. (shrink)

This chapter contains sections titled: Three Arguments.

Most contemporary accounts of the nature of faith explicitly defend what we call ‘the positivity theory of faith’ – the theory that faith must be accompanied by a favourable evaluative belief, or a desire towards the object of faith. This paper examines the different varieties of the positivity theory and the arguments used to support it. Whilst initially plausible, we find that the theory faces numerous problematic counterexamples, and show that weaker versions of the positivity theory are ultimately implausible. We (...) discuss a distinct property of faith that we call ‘true grit’, such that faith requires one to be resilient toward the evidential, practical, and psychological challenges that it faces. We show how true grit is necessary for faith, and provides a simpler and less problematic explanation of the evidence used to support the positivity theory. (shrink)

In this essay, I argue for a view that inclusive positivists share with Ronald Dworkin. According to the Moral Incorporation Thesis (MIT), it is logically possible for a legal system to incorporate moral criteria of legality (or “grounds of law,” as Dworkin puts it). Up to this point, the debate has taken the shape of attacks on the coherence of MIT with the defender of MIT merely attempting to refute the attacking argument. I give a positive argument for (...) MIT. I begin with an explanation of the logic of establishing possibility claims, such as MIT. At the outset, it is worth noting that the logic of establishing possibility claims is very different from the logic of establishing contingent descriptive claims or necessary claims. For this reason, some explication of the relevant features of the semantics of modal logic will be necessary here. Once the structural framework is adequately developed, the argument for MIT will be grounded on the strength of a thought experiment of a surprisingly simple kind. Indeed, the argument is inspired by a Razian argument for the possibility of a legal system without coercive enforcement machinery; on his view, a society of angels could still have a system of law without any coercive machinery. My argument will possess two theoretically important qualities that are also possessed by Raz’s powerfully simple, but ultimately unsuccessful, argument. (shrink)

Many idealists have thought that realism raises epistemological problems. The worry is that, if it is possible for truths about ordinary objects to outstrip our experiences in the ways that realists typically suppose, we could never be justified in our beliefs about objects. Few contemporary theorists find this argument convincing; philosophers have offered a variety of responses to defend the epistemology of our object judgments under the assumption of realism. But in this paper, I offer a new type of (...) epistemic argument against realism which is immune to the standard responses in the literature. In addition to raising a challenge for realism, the epistemology of our object judgments has implications for how the idealist should develop her own positive metaphysical view. So in the second half of this paper, I discuss how the idealist should understand the dependence between objects and our experiences if she is to secure epistemic advantages over the realist. (shrink)

This chapter argues that special quantifiers such as 'something' when occurring in argument position are not ordinary or substitutional quantifiers; rather they have a reifying force introducing a domain of tropes or kinds of tropes to quantify over.