Conceptions of Objectivity Understanding the Nature of Morality for the Purpose of Doing Legal Ethics

The Big Theories of Legal Philosophy Natural Law: Necessary Connection between Law and Morality Legal Positivism: Denies Necessary Connection between Law and Morality Inclusive Legal Positivism: Morality can become a standard of legal validity via the rule of recognition (i.e. via the rule that defines the standards of legal validity). Exclusive Legal Positivism: Denies that morality can become a standard of legal validity even via the rule of recognition. Would violate authority of law.

Leiter’s Conceptions of Moral Objectivity Leiter’s Map of Cognitive Independence (1) According to subjectivism, what seems right to the cognizer determines what is right. (2) According to minimal objectivism, what seems right to the community of cognizers determines what is right. (3) According to modest objectivism, what seems right to cognizers under appropriate or ideal conditions determines what is right. (4) According to strong objectivism, what seems right to cognizers never determines what is right.

Social Philosophy and Meta-Ethics – Social Epistemology Karen Jones: “Social epistemology is not an epistemological theory as such, but rather a research project characterized by a commitment to understanding the role of social relations and institutions in the production of knowledge. Social epistemology is a normative and not merely a descriptive project inasmuch as it aims to evaluate and not merely describe our epistemic practices....Central questions in social epistemology include the justification of testimony, the role of epistemic divisions of labour and norms for cognitive authority, the role of social interests in inquiry, and the role of socially available background beliefs in justification.”

Theory, Practice & Social Epistemology: Simmonds’ on the Relationship Between Theory and Practice Legal philosopher Nigel Simmonds on the relationship between theory and practice: No sharp distinction between theory and practice between legal philosophers/nature of law/morality & practicing lawyers focussing solely on doctrinal law/service of clients. Two “epistemic divisions of labour”, theory and practice, are bound up with one another.

Conclusion Lawyers are (1) indispensable for the purpose of understanding legal and the moral and (2) are well-positioned to be able to gain and facilitate access to these norms.