David Plunkett

One of Ronald Dworkin's most distinctive claims in legal philosophy is that law is an interpretative concept, a special kind of concept whose correct application depends neither on fixed criteria nor on an instance-identifying decision procedure but rather on the normative or evaluative facts that best justify the total set of practices in which that concept is used. The main argument that Dworkin gives for interpretivism about some conceptis a disagreement-based argument. We argue here that Dworkin's disagreement-based argument relies on a mistaken premise about the nature of disagreement. We propose an alternative analysis of the type of disputeseeming variation casesthat Dworkin uses to motivate the idea of interpretative concepts. We begin by observing that genuine disagreements can be expressed via a range of linguistic mechanisms, many of which do not require that speakers literally assert and deny one and the same proposition. We focus in particular on what we call disputes in which speakers do not express the same concepts by their words but rather negotiate how words should be used and thereby negotiate which of a range of competing concepts should be used in that context. We claim that this view has quite general theoretical advantages over Dworkin's interpretivism about seeming variation cases and about the relevant class of legal disputes in particular. This paper thus has two interlocking goals: (1) to undermine one of Dworkin's core arguments for interpretivism, and (2) to provide the foundations for a noninterpretivist alternative account of an important class of legal disputes

Morality seems important, in the sense that there are practical reasons — at least for most of us, most of the time — to be moral. A central theoretical motivation for consequentialism is that it appears clear that there are practical reasons to promote good outcomes, but mysterious why we should care about non-consequentialist moral considerations or how they could be genuine reasons to act. In this paper we argue that this theoretical motivation is mistaken, and that because many arguments for consequentialism rely upon it, the mistake substantially weakens the overall case for consequentialism. We argue that there is indeed a theoretical connection between good states and reasons to act, because good states are those it is fitting to desire and there is a conceptual connection between the fittingness of a motive and reasons to perform the acts it motivates. But while some of our motives are directed at states, others are directed at acts themselves. We contend that just as the fittingness of desires for states generates reasons to promote the good, the fittingness of these act-directed motives generates reasons to do other things. Moreover, we argue that an act’s moral status consists in the fittingness of act-directed feelings of obligation to perform or avoid performing it, so the connection between fitting motives and reasons to act explains reasons to be moral whether or not morality directs us to promote the good. This, we contend, de-mystifies how there could be non-consequentialist reasons that are both moral and practical.

Philosophers often hold that the aim of conceptual analysis is to discover the representational content of a given concept such as freewill, belief, or law. In From Metaphysics to Ethics and other recent work, Frank Jackson has developed a theory of conceptual analysis that is one of the most advanced systematizations of this widespread idea. I argue that this influential way of characterizing conceptual analysis is too narrow. I argue that it is possible that an expressivist account could turn out to be correct as a genuine conceptual analysis of a genuine concept. I claim that since an expressivist analysis does not aim to discover the representational content of a given concept—and, indeed, might itself be based on the idea that the concept in question is not even representational in nature—the possibility of expressivist conceptual analysis shows that Jackson’s theory of conceptual analysis is incomplete as it currently stands. I conclude that Jackson needs to either shift his basic understanding of the nature of conceptual analysis or commit to a particular normative reinterpretation of his project.

This paper is about philosophical disputes where the literal content of what speakers communicate concerns such object-level issues as ground, supervenience, or real definition. It is tempting to think that such disputes straightforwardly express disagreements about these topics. In contrast to this, I suggest that, in many such cases, the disagreement that is expressed is actually one about which concepts should be employed. I make this case as follows. First, I look at non-philosophical, everyday disputes where a speaker employs a metalinguistic usage of a term. This is where a speaker uses a term to express a view about the meaning of that term, or, relatedly, how to correctly use that term. A metalinguistic negotiation is a metalinguistic dispute that concerns a normative issue about what a word should mean, or, similarly, about how it should be used, rather than the descriptive issue about what it does mean. I argue that the same..

In this paper, I argue that facts about the history or genealogy of concepts (facts about what I call “conceptual history”) can matter for normative inquiry. I argue that normative and evaluative issues about concepts (such as issues about which concepts an agent should use, in a given context) matter for all forms of inquiry (including normative inquiry) and that conceptual history can help us when we engage in thinking about these normative and evaluative issues (which I call issues in “conceptual ethics”). My aim in making this argument is to develop a schematic framework for thinking about the relationship between conceptual history and normative inquiry. The framework puts pressure on those who, often unreflectively or implicitly, dismiss the potential relevance of conceptual history to normative inquiry. At the same time, the framework can be seen as presenting a challenge to those drawn to more radical views about the relationship between conceptual history and normative inquiry. The challenge is this: if one wants a more ambitious model of the relevance of conceptual history to normative inquiry than what I provide in this paper, one needs to explain what justifies such a model.