Nicholas Southwood

The so-called "Human Nature Constraint" holds that if an agent is unable, due to features of human nature, to bring herself to act in a certain way, then this suffices to block or negate the claim that the agent is required to act in that way. David Estlund (2011) has recently mounted a forceful objection to the Human Nature Constraint. I argue that Estlund’s objection fails – but instructively, in a way that gives Estlund resources for a different way of resisting attempts to negate normative claims by deploying the Human Nature Constraint.

Given constructivism’s enduring popularity and appeal, it is perhaps something of a surprise that there remains considerable uncertainty among many philosophers about what constructivism is even supposed to be. My aim in this article is to make some progress on the question of how constructivism should be understood. I begin by saying something about what kind of theory constructivism is supposed to be. Next, I consider and reject both the standard proceduralist characterization of constructivism and also Sharon Street’s ingenious standpoint characterization. I then suggest an alternative characterization according to which what is central is the role played by certain standards of correct reasoning. I conclude by saying something about the implications of this account for evaluating the success of constructivism. I suggest that certain challenges that have been raised against constructivist theories are based on dubious understandings of constructivism, whereas other challenges only properly come into focus once a proper understanding is achieved.

I raise three objections to Pettit’s republican account of justice: 1) that it fails to account adequately for the role of certain values such as substantive fairness; 2) that it represents an uncomfortable hybrid of egalitarianism and sufficientarianism; and 3) that it fails Pettit’s own “eyeball test”. I then conclude in a more constructive vein, speculating about the kind of account of justice it is supposed to be and suggesting that, construed a certain way, it may have resources for answering the three objections.

William Alston’s argument against the deontological conception of epistemic justification is a classic—and much debated—piece of contemporary epistemology. At the heart of Alston’s argument, however, lies a very simple mistake which, surprisingly, appears to have gone unnoticed in the vast literature now devoted to the argument. After having shown why some of the standard responses to Alston’s argument don’t work, we elucidate the mistake and offer a hypothesis as to why it has escaped attention.

A persistent worry concerning conventionalist accounts of law is that such accounts are ill equipped to account for law’s special normativity. I offer a particular kind of conventionalist account that is based on the practice-dependent account of conventional norms I have offered elsewhere and consider whether it is vulnerable to the Normativity Objection. I argue that it isn’t. It can account for all the ways in which law can justly claim to be normative. While there are ways of being normative that it cannot account for, it is an error to suppose that law is normative in any of those ways.

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

This article provides a critical introduction to contractualism as a moral or ethical theory, that is, as a theory of the rightness and wrongness of individual conduct – focusing specifically on the influential 'Kantian' version of contractualism due to T. M. Scanlon. I begin by elucidating the key features of Scanlon's contractualism: justifiability to others; reasonable rejectability; the individualist restriction; and mutual recognition. I then turn to discuss both its appeal and the main objections that have been raised to it – objections concerning our duties to the cognitively limited and impaired, aggregation, demandingness, normativity and explanatory adequacy. I conclude by mentioning some contractualist alternatives to Scanlon's theory.

Despite the prevalence of human rights discourse, the very idea or concept of a human right remains obscure. In particular, it is unclear what is supposed to be special or distinctive about human rights. In this paper, we consider two recent attempts to answer this challenge, James Griffin’s “personhood account” and Charles Beitz’s “practice-based account”, and argue that neither is entirely satisfactory. We then conclude with a suggestion for what a more adequate account might look like – what we call the “structural pluralist account” of human rights.

Constructivists hold that truths about practical reasons are to be explained in terms of truths about the correct exercise of practical reason (rather than vice versa). But what is the normative status of the correctness-defining standards of practical reason? The problem is that constructivism appears to presuppose the truth of two theses that seem hard to reconcile. First, for constructivism to be remotely plausible, the relevant standards must be genuinely (and not merely formally or minimally) normative. Second, to avoid circularity, the relevant standards must be non-reason-involving, i.e. prior to and independent of practical reasons. From the standpoint of the contemporary philosophy of normatively, this is a surprising combination to say the least. What could these genuinely normative but non-reason-involving standards possibly be? The standard constructivist response is to insist that the relevant standards possess a special kind of necessity inasmuch as we only count as occupying the “deliberative standpoint” or as a “deliberative agent” insofar as we comply with or accept the relevant standards. I offer a different response. My response holds that the special normative status of the relevant standards consists in their exhibiting a distinctive kind of practical necessity that derives from the fact that they determine what I have called elsewhere truths about “the thing to do” – namely, truths about correct answers to the question of what to do. Understanding the norms of practical reason in these terms vindicates the idea that standards of practical reason are genuinely normative since truths about the thing to do plausibly possess the hallmarks of genuine normativity. And it vindicates the idea that the standards are not reason-involving since truths about the thing to do are plausibly prior to and independent of truths about practical reasons.