Off-campus access
Using PhilPapers from home?
Click here to configure this browser for off-campus access.
- P. Hulsen (1998). Back to Basics: A Theory of the Emergence of Institutional Facts. Law and Philosophy 17 (3):271-299.In order to account for the mode of existence of social rules and norms, the author develops a theory of the emergence of institutional facts. Just as other kinds of institutional fact, rules and norms are meanings. Therefore, insight into the emergence of social rules and norms can be achieved by studying the recognition and the communication of meanings. Following accounts of meaning and factuality, institutional facts are characterized as unquestionable shared typifications. It is argued that, in becoming an institutional fact, a typification goes through two phases. First, it becomes a social habit. Second, this habit turns into an obligation by being objectified.
Similar books and articles
Institutional theory rests on a rejection of reductionism. Instead of reducing higher-order phenomena to aggregates of behavior, institutional theory reverses this causal imagery. It attributes the behavior of organizations and nation-states to contextual factors, notably organizational fields, national institutional systems, or the emerging global polity, Institutionalists, particularly within sociology, also emphasize specifically cultural mechanisms for these higher-order effects. This article develops the methodological foundations for these claims. It surveys and elaborates research designs for documenting higher-order effects and for differentiating the cultural mechanisms of institutional influence. It also presents new strategies for assessing multiple logics and the coherence of institutional orders, moving beyond adoption and diffusion studies to analyze the dynamic and contested processes of institutionalization and institutional change.
The normal way to establish that a person has authority over another requires a rule-governed institutional setting. To have authority is to have power, in the juridical sense of the term, and power can only be conferred by norms constituting it. Power-conferring norms are essentially institutional, and the obligation to comply with a legitimate authority's decree is, first and foremost, institutional in nature. The main argument presented in this essay is that an explanation of practical authorities is a two-stage affair: the special, practical import of an authority can only be explained against the background of an institutional setting which constitutes the authority's power and the corresponding obligation to comply. However, this obligation is not an all things considered obligation, it is conditioned on reasons to participate in the relevant institution or practice.
The use of artefacts by human agents is subject to human standards or norms of conduct. Many of those norms are provided by the social context in which artefacts are used. Others are provided by the proper functions of the artefacts. This article argues for a general framework in which norms that are provided by proper functions are related to norms provided by the (more general) social context of use. Departing from the concept, developed by Joseph Raz, of “exclusionary reasons” it is argued that proper functions provide “institutional reasons” for use. Proper use of artefacts (use according to the proper function) is embedded in the normative structures of social institutions. These social normative structures are complementary to traditional norms of practical rationalityand are a kind of second-order reasons: exclusionary reasons. It is argued that proper functions of artefacts provide institutional reasons, which are up to a certain extent similar to exclusionary reasons. The most notable difference concerns the fact that proper functions not so much exclude other types of use, but rather place that use (and the user) in particular social structures with particular rights and obligations. An institutional reason not only gives a reason for action, it also provides reasons for evaluating actions according to such reasons positively (and other negatively). The upshot of the analysis is that it provides an additionaltool for understanding and evaluating the use of artefacts.
No categories
In Searle’s social ontology, collective intentionality is an essential component of all institutional facts. This is because the latter involve the assignment of functions, namely "status functions," on entities whose physical features do not guarantee their performance, therefore requiring our acceptance that it be performed. One counter-example to that claim can be found in Carl Menger’s individualistic account of the money system. Menger’s commitment to the self-interest assumption, however, prevents him from accounting for the deontic dimensions of institutional facts.
This paper interprets facts about actions and responsibility in terms of Kant’s category of the ‘intelligible,’ but is also broadly naturalistic in its approach. It analyses intelligible facts in terms of two elements, the institutional and the normative. First, I draw on John Searle’s account of institutional facts. Searle emphasises that neither the meaning of a word nor my possession of something is a matter of empirical facts concerning the entity itself. Instead, to understand the nature of such facts, we must take account of people’s shared beliefs. Kant’s account of property relations can, in part, be understood as an institution in Searle’s sense. Drawing on the work of Tamar Schapiro and Arthur Ripstein, I extend this idea to illuminate our ‘ownership’ of our deeds. Second, and more briefly, I present a normative element. Institutional facts need not, in themselves, be morally compelling. Under conditions of relative freedom and equality, however, I argue that practices of responsibility can be seen as a practical manifestation of critique. This generates a critical self-reflexivity that, I suggest, provides normative warrant to the practices of action and responsibility that we institute among ourselves.
The purpose of this book -- Intentionality -- Collective intentionality and the assignment of function -- Language as biological and social -- The general theory of institutions and institutional facts: -- Language and social reality -- Free will, rationality, and institutional facts -- Power : deontic, background, political, and other -- Human rights -- Concluding remarks : the ontological foundations of the social sciences.
Institutional economics and discourse theory stand unconnected next to each other, in spite of the fact that they both ask for the legitimacy of institutions (normative) and the functioning and effectiveness of institutions (positive). Both use as theoretical constructions rational individuals and the concept of consensus for legitimacy. Whereas discourse theory emphasizes the conditions of a legitimate consensus and could thus enable institutional economics to escape the infinite regress of judging a consensus legitimate, institutional economics has a tested social science paradigm (rational choice) of explaining and predicting the functioning of institutions. The article outlines a theoretical synthesis of the two theories by finding points in common and possibilities of fruitful combinations concerning the problem of legitimacy, institutional design and effectiveness of legal norms. Key Words: consensus discourse theory effectiveness of legal rules institutional design legitimacy new institutional economics.
We present an inference to the best explanation of the immense cultural success of Freudian psychoanalysis as a hermeneutic method. We argue that an account of psychoanalytic facts as products of unintended declarative speech acts explains this phenomenon. Our argument connects diverse, seemingly independent characteristics of psychoanalysis that have been independently confirmed, and applies key features of John Searle’s and Eerik Lagerspetz’s theory of institutional facts to the psychoanalytic edifice. We conclude with a brief defence of the institutional approach against more contentious social constructivist approaches to science and psychoanalysis.
In The Construction of Social Reality (1995), John Searle develops a theory of institutional facts and objects, of which money, borders and property are presented as prime examples. These objects are the result of us collectively intending certain natural objects to have a certain status, i.e. to ‘count as’ being certain social objects. This view renders such objects irreducible to natural objects. In this paper we propose a radically different approach that is more compatible with standard economic theory. We claim that such institutional objects can be fully understood in terms of actions and incentives, and hence the Searlean apparatus solves a non-existent problem.
Norms explained as grounds of practical judgment, using example of queue. Some norms informal, inexact, depend on common understanding (`conventions'); some articulated in context of two-tier normative order: `rules', explicit or implicit. Logical structure of rules displayed. Informal and formal normative order explained, `institutional facts' depend on acts and events interpreted in the light of normative order. Practical force of rules differentiated; either `absolute application' or `strict application' or `discretionary application', depending on second-tier empowerment. Discretion can be guided by values, principles standards. Pervasiveness of institutions and institutional facts, especially but not only in relation to institutions of state-law, including constitution and state-institutions. Searle's and Ruiter's theories of institution, institutional fact, considered: `constitutive rule' rejected in favour of `underlying principle', structure of `institutive, consequential and terminative' rules explained and defended. Ruiter's conception of `institutional `régime' considered and adopted, validity of norms and normative `régimes' considered and differentiated from truth of statements of institutional fact.
Discussion of P. Hulsen, Back to basics: A theory of the emergence of institutional facts
|
|
There are no threads in this forum |
Nothing in this forum yet.

