By:Jeremy Kingston Cynamon

Moral theory is like a system of mathematics that has never gotten beyond addition.R. Posner

Introduction

In his book, Problematics of Moral and Legal Theory, Judge Richard Posner offers a serious critique of the professionalization of moral philosophy that has gone largely ignored by that social milieu. More broadly, his meta-ethical views explaining the nature of morality, which I will reconstruct in this piece, are quite incisive. I generally agree with Posner’s skepticism towards moral realism, and will not attempt to problematize his arguments in this regard. However, in his attempt to delineate different types of moralists (“moral entrepreneurs” from “academic moralists”) he draws some dubious distinctions.

Particularly concerning is his distinction between rational and nonrational argumentation.[1] In my view, it is political rather than philosophical; a sort of social artifact without internal logic. There is, of course, such a thing as a bad argument, but this is not equivalent to a nonrational argument – at least in Posner’s schema, and in academic parlance more generally. Rationality/Nonrationality can be a marginally useful distinction of style, but I argue that it is often misused to track content and thereby unreflectively weaken the normative weight of radical arguments.

Read More