A. Poleev. Constitutional order in Russia. Enzymes, Revised print edition 2020.

Despite its frequent appearances in sociological textbooks, dictionaries and theoretical opuses, ethnomethodology is still one of the most misunderstood and undervalued domains of sociological inquiry. This is particularly evident in the case of the central sociological question: social order. Harold Garfinkel, the founder of ethnomethodology, provided a unique answer to the question of order. His answer emphasized a contingent, situated character of constitutive practices of local order production. Initially a response to Talcott Parsons’ question about the conditions (...) of the stability of social order, Garfinkel’s conception of constitutive order was later radicalized and used as the foundation of the programme of empirical ethnomethodological studies. To properly understand the radical character of the conception and programme, it is necessary to reveal the core elements of it and to separate them from the historically changed components. (shrink)

How important is Jiang Qing, whose extraordinary proposals for political change make up the core of the new book A Confucian Constitutional Order: How China’s Ancient Past Can Shape Its Political Future? In his Introduction to the volume, co-editor Daniel Bell maintains that Jiang’s views are “intensely controversial” and that conversations about political reform in China rarely fail to turn to Jiang’s proposals. At least in my experience, this is something of an exaggeration. Chinese political thinking today is (...) highly pluralistic, and for many participants Jiang is simply a curiosity—if indeed they are aware of him. Still, for three reasons Jiang is very much worth our attention. First, there is a vibrant and .. (shrink)

The philosophical and natural law basis of the American order: remote and immediate ancestors -- The declaration and its constitution: linking first principle to necessary means -- A structurally-divided, but workable, government -- A limited government of enumerated power -- A government mindful of dual sovereignty -- A fair government -- A government commitment to freedom -- A government commitment to equality -- A government of imperfect knowledge of inkblots, liberty and life itself.

The historical roots of despotism in Russia are long, the tradition of arbitrariness seems to be unbreakable. But this status quo can't persist endless: Growing mass protests indicate that the time nears when Russia will unhorse the self-constituted disposers and will demonstrate again its re-invention potential. -/- This expected and hoped egression from despotism into a new phase of Russian history needs to be carefully elaborated and arranged. Starting with the writing and publishing of my essays following mass political protests (...) in the former Soviet Union, namely, in the Russian Federation in fall and winter of the year 2012, I work permanently on redesigning political system. One year later, i.e. 2013, I released a book dedicated those events, and in the same year I wrote the draft of a new constitution, now revised and adopted by the community Rus’ whose member I am since 12.12.2018. -/- 2017 I registered an internet domain reserved for the Foundation intended to promote the constitutional order in Russia. Since that time, I designed the site of the Foundation, fashioned the identity card, and published several documents related to promotion and establishing of the constitutional order (CO). -/- All skilled designers and creative thinkers are invited to take part in this process as co-workers and creators of a new political system. (shrink)

This paper proposes an approach to the question of meaning and understanding based on the idea of constitutive rules and their relationship to the social objects they are used to create. This approach implicates mutual attention as an essential aspect of the social processes constitutive of social objects and mutual intelligibility. Social objects as such include the meaning, perception and coherence of things, identities and talk, etc. There is a relatively unexplored but important line of argument in sociology that has, (...) from the beginning, explained the coherence and mutual intelligibility of social objects and associations in terms of constitutive practices and social facts. This line of argument begins with Emile Durkheim (1893) and carries through the work of Harold Garfinkel to current studies of work and interaction, human computer interaction and talk. The argument is that we use constitutive practices (Constitutive rules or constitutive background expectancies) to create social objects and make coherent and shared meanings. To act is in this sense for Garfinkel ([1948]2006) to “mean”. Explaining the consistency of social objects and orders in terms of constitutive orders, rules, or practices is an approach that meets the challenges posed to social science and philosophy by Ludwig Wittgenstein (1953), Peter Winch (1958) and Paul Grice (1989). (shrink)

The defeat of the Constitutional Treaty by French and Dutch voters in 2005 and the following stalemate of the Lisbon Treaty have sparked a soul-searching process for European constitutional scholarship. Among the numerous academic efforts devoted to contemplating the future of European constitution, Michelle Everson and Julia Eisner's The Making of a European Constitution: Judges and Law Beyond Constitutive Power deserves a close look. Everson and Eisner argue for a postconstituent view of European constitutionalization, which they call ‘Rechtsverfassungsrecht’. (...) Departing from the myth of the constituent power, they interpret the development of a European constitution as a self-creating process by which the ordinary legal system gives itself a set of core values and thereby remakes itself into a constitutional order. Moreover, against the criticisms of juridification, they defend this lawyer-centred process of European constitutionalization as incorporating politics into the daily operation of the legal system. Engaging with Everson and Eisner's argumentation, I argue that their account of European constitutional development does not so much put out a realist theory of the EU constitutionalization as sets out a realist academic lawyering for the next round of European constitutional politics, which is shared among European constitutional scholars. Contrasting this community-based legal profession in Europe with the situation of epistemic pluralism in American jurisprudence, in this article I observe that a lawyer-centred European constitutional theory as Everson and Eisner's book illustrates is premised on an inherited consensus that has held a European legal profession together. However, this lawyer-centred account of European constitutionalization presumes either the projection of a professional community onto a Europe-wide civic culture or the self-appointment of legal professionals as the fiduciary of the citizenry. Each is a fiction, however. This fictional character of the legalist-constructivist strategy to European constitutional politics is the underlying cause of the dilemma facing European constitutional ordering. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.3 (2002) 425-446 [Access article in PDF] Giving Orders: Theory and Practice in the Fundamental Constitutions of Carolina Vicki Hsueh Indians. Of Edisto Ashapo and Combohe to the South our friends. Of Wando Ituan Sewee and Sehey to the north came to our assistance and were zealous and resolute in it 1000 bowmen In our want supplied us. Q. Spaniards. What we shall (...) doe to the Spaniards if we invade them we brake the peace, if we sit still we loose our reputation with the Indians our friends. Westoes. Inland man eaters. Country. To the northward more sickly, about Ashley River fertile and of a wonderful growth. Tatchequea. A very fruitfull Country 8. days jorney by the North west the Emperor our friend and enemy to the Westoes and to hard for them. Q. Settlem't. 500 people will secure the settlement 1000 perfect it. desires supplys of necessarys till that time Excerpt from Carolina Memoranda in the handwriting of John Locke, Esq., 15 September 1670 Within the last decade, scholars such as James Tully, Barbara Arneil, and Bhikhu Parekh have performed a crucial intervention on modern constitu-tionalism's behalf. 1 Not only has constitutionalism in the modern age been [End Page 425] plagued by assumptions of cultural uniformity and an on-going inability to adjudicate between competing cultural claims, but it has been unable effectively to diagnose those limitations and dilemmas. The root of the problem, James Tully suggests, is ultimately a matter of historical perspective. "[T]he tendency," he writes, "is not to notice the philosophical and ideological debates over the last three hundred years... only the result of these debates is seen—the victorious modern language of constitutional uniformity—and claims for recognition are viewed through its framework as if it were impartial and universal." 2 In response Tully and others have sought to tackle this predicament at its historical root. Identifying modern constitutionalism's colonial origins as a significant part of the problem, their studies address the development of constitutionalism and colonialism as an entwined phenomenon in the early modern period, focusing particularly on the British-American context. In this sense, Locke's Two Treatises of Government stands as an exemplary illustration of the period's entangled colonial and constitutional temperaments. Well-known for its influential articulation of compact and resistance, the Two Treatises, Barbara Arneil argues "were written as a defence of England's colonial policy in the new world against the sceptics in England and the counter-claims of both the aboriginal nations and other European powers in America." 3 Accordingly, present-day constitutionalism continues to bear the weighty legacy of those colonial rationales. "[T]he language of modern constitutionalism," Tully further explains, "which has come to be authoritative was designed to exclude or assimilate cultural diversity and justify uniformity. The design is difficult to see because this 'modern' language has become the customary way of thinking about, reflecting on and envisioning a just constitutional order." Ultimately, Tully submits, citing Wittgenstein, "A picture held us captive. And we could not get outside it, for it lay in our language and language seemed to repeat it to us inexorably." 4This much-needed thickening of constitutionalism's historical context has enriched our awareness of constitutionalism's vexed origins, as it has proffered potent tools for interrogating current cultural adjudication. Yet, a troubling predicament persists. As if caught within the tenacious grip of the language of modern constitutionalism, Tully, Arneil, and Parekh insistently portray seventeenth-century British-American colonialism solely as a straightforward process of appropriation and assimilation without addressing or incorporating the [End Page 426] complex and contingent elements of that history in its emergence. Lacking the various negotiations and accommodations between settler and indigene in ambition and actualization, their portrayals crucially underplay the dynamic relationship between theories of constitutionalism and practices of colonialism—an approach that ultimately serves to reinscribe the narrative of triumphalist progress within their critiques. 5This problematic is the context for my reading of the Fundamental Constitutions of Carolina,1669... (shrink)

In this insightful study, Barbara M. Rowland analyses and critiques Friedrich Hayek's political philosophy. Beginning with a discussion of Hayek's sceptical epistemology and critical rationalism, the author explores his view of the evolution of civilization, his pessimism about human agency and an accompanying faith in the forces of cultural evolution. She goes on to offer a detailed examination of the inconsistencies in Hayek's philosophy with regard to individual liberty. She then argues for an expanded understanding of liberty and suggests new (...) directions for a philosophy of individual liberty. (shrink)

Drawing on work in International Relations, International Law and Global Governance, this book aims to provide a clear and wide-ranging introduction to the ...

This book identifies the criteria for successful constitutions in both theory and practice using the research and methodology of Vincent Ostrom.

Abstract:The moral and political implications of new forms of organisation and resource allocation in education are explored. Markets, even when heavily regulated and administered, induce effects contrary to the values of individual and social freedom upon which public education is understood to be founded. Their ‘efficiency’ as allocative and distributive mechanisms is questioned and examined specifically in relation to the formative and constitutive role of community life in conferring identity and autonomy upon individuals. Competition, it is claimed, leads to stratification (...) of opportunities and outcomes. Putative efficiency gains may be outweighed by equity losses. (shrink)

This book identifies the criteria for successful constitutions in both theory and practice using the research and methodology of Vincent Ostrom.

Drawing upon Hannah Arendt's and Carl Schmitt's theories on the relationship between nomos and boundary, this paper revisits how constitutionalism and political power are reconciled as constitutional ordering. It first analyzes constitutionalism in the light of political modernity. Indicating that political power grounded by constitutions is omnipotent, complementing and completing constitutionalism, the paper contends that an omnipotent constitutional ordering is anything but an unleashed Leviathan. It is argued that constitutional omnipotence is framed and thus constrained by a (...) constitutional nomos, the matrix of which is a dual delimitation of boundaries, generational, and jurisdictional. (shrink)

Drawing upon Hannah Arendt's and Carl Schmitt's theories on the relationship between nomos and boundary, this paper revisits how constitutionalism and political power are reconciled as constitutional ordering. It first analyzes constitutionalism in the light of political modernity. Indicating that political power grounded by constitutions is omnipotent, complementing and completing constitutionalism, the paper contends that an omnipotent constitutional ordering is anything but an unleashed Leviathan. It is argued that constitutional omnipotence is framed and thus constrained by a (...) constitutional nomos, the matrix of which is a dual delimitation of boundaries, generational, and jurisdictional. (shrink)

The ‘causal-constitution’ fallacy, the ‘cognitive bloat’ worry, and the persisting theoretical confusion about the fundamental difference between the hypotheses of embedded (HEMC) and extended (HEC) cognition are three interrelated worries, whose common point—and the problem they accentuate—is the lack of a principled criterion of constitution. Attempting to address the ‘causal-constitution’ fallacy, mathematically oriented philosophers of mind have previously suggested that the presence of non-linear relations between the inner and the outer contributions is sufficient for cognitive extension. The abstract idea of (...) non-linearity, however, can be easily misunderstood and has, in the past, led to incorrect and counterintuitive conclusions about what may count as part of one’s overall cognitive system. In order to prevent any further mistakes I revisit dynamical systems theory to study the nature of the continuous mutual interactions that give rise to the aforementioned non-linear relations. Moreover, focusing on these interactions will allow us to provide two distinct arguments in support of the ontological postulation of extended cognitive systems, as well as an objective criterion of constitution. Accordingly, I put forward a version of HEC that treats continuous mutual interactions (and the resultant non-linear relations) not just as sufficient but also as necessary for cognitive extension. Such a qualified version of HEC may exclude certain alleged cases of cognitive extension where the agent does not mutually interact with his artifacts (e.g., shopping lists and directory services), but it is immune both to the ‘causal-constitution’ fallacy and the ‘cognitive bloat’ worry, and it can be sharply distinguished from HEMC. (shrink)

In this paper, I deal with video data not as a transparent window on social interaction but as a situated product of video practices. This perspective invites an analysis of the practices of video-making, considering them as having a configuring impact on both on the way in which social interaction is documented and the way in which it is locally interpreted by video-makers. These situated interpretations and online analyses reflexively shape not only the record they produce but also the interactional (...) order itself as it is documented. Dealing with practices of video-making not as a resource but as a topic, I explore a particular editing practice, the use of the split-screen technique, consisting in combining various camera views within the same image. This technique is now widely used in cinema, professional settings, TV, and social research. I focus on its uses in TV talk shows and debates: through a systematic sequential analysis of the positions where split screen is introduced, I show that directors do orient to the sequential features of interaction in using this technique and that, conversely, their uses of split screen reveal their local understanding—and configuring—of what the interactional dimension of debates and interviews consist of, for all practical purposes. (shrink)

One of the promising approaches to the problem of consciousness has been the Higher-Order Monitoring Theory of Consciousness. According to the Higher-Order Monitoring Theory, a mental state M of a subject S is conscious iff S has another mental state, M*, such that M* is an appropriate representation of M. Recently, several philosophers have developed a Higher-Order Monitoring theory with a twist. The twist is that M and M* are construed as entertaining some kind of constitutive relation, (...) rather than being logically independent of each other. We may call this the Same-Order Monitoring Theory of Consciousness. In this paper, I discuss the nature of the Same-Order Monitoring Theory and argue for its superiority over the more traditional Higher-Order Monitoring Theory. (shrink)

This book aims to distil the essentials of liberal constitutionalism from the jurisprudence and practice of contemporary liberal-democratic states. Most constitutional theorists have despaired of a liberal consensus on the fundamental goals of constitutional order. Instead they have contented themselves either with agreement on lower-level principles on which those who disagree on fundamentals may coincidentally converge, or, alternatively with a process for translating fundamental disgreement into acceptable laws. Alan Brudner suggests a conception of fundamental justice that liberals (...) of competing philosophic schools may accept as fulfilling their own basic commitments. He argues that the model liberal-democratic constitution is best understood as a unity of three constitutional frameworks: libertarian, egalitarian, and communitarian. Each of these has a particular conception of public reason. Brudner criticizes each of these frameworks insofar as its organizing conception claims to be fundamental, and moves forward to suggest an Hegelian conception of public reason within which each framework is contained as a constituent element of a whole. When viewed in this light, the liberal constitution embodies a surprising synthesis. It reconciles a commitment to individual liberty and freedom of conscience with the perfectionist idea that the state ought to cultivate a type of personality whose fundamental ends are the goods essential to dignity. Such a reconciliation, the author suggests, may attract competing liberalisms to a consensus on an inclusive conception of public reason under which political authority is validated for those who share a confidence in the individual's inviolable worth. (shrink)

Recent authors have drawn attention to a new kind of defeating evidence commonly referred to as higher-order evidence. Such evidence works by inducing doubts that one’s doxastic state is the result of a flawed process – for instance, a process brought about by a reason-distorting drug. I argue that accommodating defeat by higher-order evidence requires a two-tiered theory of justification, and that the phenomenon gives rise to a puzzle. The puzzle is that at least in some situations involving (...) higher-order defeaters the correct epistemic rules issue conflicting recommendations. For instance, a subject ought to believe p, but she ought also to suspend judgment in p. I discuss three responses. The first resists the puzzle by arguing that there is only one correct epistemic rule, an Über-rule. The second accepts that there are genuine epistemic dilemmas. The third appeals to a hierarchy or ordering of correct epistemic rules. I spell out problems for all of these responses. I conclude that the right lesson to draw from the puzzle is that a state can be epistemically rational or justified even if one has what looks to be strong evidence to think that it is not. As such, the considerations put forth constitute a non question-begging argument for a kind of externalism. (shrink)

In this paper it is argued that existing ‘self-representational’ theories of phenomenal consciousness do not adequately address the problem of higher-order misrepresentation. Drawing a page from the phenomenal concepts literature, a novel self-representational account is introduced that does. This is the quotational theory of phenomenal consciousness, according to which the higher-order component of a conscious state is constituted by the quotational component of a quotational phenomenal concept. According to the quotational theory of consciousness, phenomenal concepts help to account (...) for the very nature of phenomenally conscious states. Thus, the paper integrates two largely distinct explanatory projects in the field of consciousness studies: (i) the project of explaining how we think about our phenomenally conscious states, and (ii) the project of explaining what phenomenally conscious states are in the first place. (shrink)

in a nervous system of a given species. This chapter provides a critical perspective on the role of connectomes in neuroscientific practice and asks how the connectomic approach fits into a larger context in which network thinking permeates technology, infrastructure, social life, and the economy. In the first part of this chapter, we argue that, seen from the perspective of ongoing research, the notion of connectomes as “complete descriptions” is misguided. Our argument combines Rachel Ankeny’s analysis of neuroanatomical wiring diagrams (...) as “descriptive models” with Hans-Joerg Rheinberger’s notion of “epistemic objects,” i.e., targets of research that are still partially unknown. Combining these aspects we conclude that connectomes are constitutively epistemic objects: there just is no way to turn them into permanent and complete technical standards because the possibilities to map connection properties under different modeling assumptions are potentially inexhaustible. In the second part of the chapter, we use this understanding of connectomes as constitutively epistemic objects in order to critically assess the historical and political dimensions of current neuroscientific research. We argue that connectomics shows how the notion of the “brain as a network” has become the dominant metaphor of contemporary brain research. We further point out that this metaphor shares (potentially problematic) affinities to the form of contemporary “network societies.” We close by pointing out how the relation between connectomes and networks in society could be used in a more fruitful manner. (shrink)

After the emergence of a popular resistance movement to direct rule by an absolutist monarchy, and several years of civil war, King Gyanendra of Nepal yielded power to an elected Congress in 2006. Within one year, Nepali citizens saw the signing of a Comprehensive Peace Accord, the establishment of a Constituent Assembly, the declaration of the Nepali state, and the declaration of the Nepali Republic a year after that. An Interim Constitution was adopted by 2007, which endowed the Constituent Assembly (...) with the authority to draft Nepal’s permanent Constitution, and established the limitations under which the Assembly must operate — all apparently legitimate steps in establishing a Constitutional order. What initially appeared to adhere to an established model of post-sovereign constitution-making failed in its first attempt. Indeed, the drafting and ratification of a permanent constitution is no easy task. Why did the first Constituent Assembly fail? Where did the constitution-making process divert from the post-sovereign model, and what caused it? I examine the process from the establishment of Nepal’s first Constituent Assembly to the short-lived deliberations of the Assembly, followed by the dissolution of the Assembly for failing to achieve its mandate. I also trace Nepal’s constitution-making process along the post-sovereign model, and assess whether they adhered to or diverted from the model. It is understood that no political models are fixed in the sense that adherence or divergence is necessarily incompatible with success or failure. However, I use Andrew Arato’s post-sovereign model as a guide for identifying the stages in the constitution-making process, and for a background to the discussion on where the first Assembly failed. (shrink)

In this paper I analyze constitution embodiment, a particular conception of embodiment. Proponents of constitution embodiment claim that the body is a condition of the constitution of entities. Constitution embodiment is popular with phenomenologically-inspired Embodied Cognition, including research projects such as Enactivism and Radical Embodied Cognitive Science. Unfortunately, PEC’s use of constitution embodiment is neither clear nor coherent; in particular, PEC uses the concept of constitution embodiment so that a major inconsistency is entailed. PEC conceives of the body in a (...) transcendental sense as a condition of the constitution of entities, and, in an ontic sense, as a scientifically describable entity. Yet, a condition of the constitution of entities cannot be itself an entity—rather, it is the very condition of the possibility of an entity. This inconsistency entails further problems, among them PEC’s misguided focus on the location of the embodied mind. In order to correct these mistakes, I develop a conception of constitution embodiment based on the work of Heidegger, Husserl and to a lesser degree Merleau-Ponty. This has two purposes. First, it provides the conceptual groundwork to secure the status of PEC as a consistent and coherent research project and to clarify PEC’s conception of the relationship between phenomenology and the sciences. In that spirit, my approach provides further guidelines for fruitful research alliances between PEC and other research programs such as Grounded Cognition and identifies current research alliances, such as those with Radical Enactivism, as undesirable. Second, my account provides an elaborate concept of constitution embodiment that can function as the basis for more sophisticated work in the future. (shrink)

It is a commonplace within philosophy that the ontology of institutions can be captured in terms of constitutive rules. What exactly such rules are, however, is not well understood. They are usually contrasted to regulative rules: constitutive rules (such as the rules of chess) make institutional actions possible, whereas regulative rules (such as the rules of etiquette) pertain to actions that can be performed independently of such rules. Some, however, maintain that the distinction between regulative and constitutive rules is merely (...) a linguistic one. In this paper I present the status account of constitutive rules in order to address this criticism. According to the status account constitutive rules pertain to institutional statuses and statuses are to be understood in terms of status rules. Status rules concern the enabling and constraining roles of institutions, and constitutive rules specify the preconditions that have to be met in order for them to play these roles. Even though I end up endorsing the claim that the distinction mentioned is a linguistic one, I go on to argue that there is an underlying reality that constitutive rules serve to make apparent. (shrink)

One new form of liberalism is a doctrine that might be called Constitutional Welfare Liberalism. It stands in some continuity with the varieties of welfare and equality oriented liberalism that emerged in the Nineteenth Century and which found expression in the U.S. in political movements like the New Deal of F.D.R. and the Great Society of L.B.J. Constitutional Welfare Liberalism differs somewhat from earlier versions of Welfare Liberalism in that it claims to be solidly grounded in the fundamentals (...) of the liberal tradition and of the American Constitution. Advocates of Constitutional Welfare Liberalism would replace what they call the “negative-liberties model” of the Constitutional order with a “benefits model.” They rest their case on an analysis of rights that denies the meaningfulness of the common distinction between negative and positive rights. Some advocates of Constitutional Welfare Liberalism also base their claims on the positive empowerments and ends of government as expressed in the Preamble to the Constitution. It is shown here via an analysis of the negative/positive rights distinction that the distinction is indeed meaningful when understood more accurately than Constitutional Welfare Liberalism theorists do. Likewise it is shown that neither the general character of the Constitution as an empowerment of government, nor the particular goals stated in the Preamble imply the benefits model. (shrink)

Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place (...) legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive. (shrink)

In recent years, many philosophers of modern physics came to the conclusion that the problem of how objectivity is constituted (rather than merely given) can no longer be avoided, and therefore that a transcendental approach in the spirit of Kant is now philosophically relevant. The usual excuse for skipping this task is that the historical form given by Kant to transcendental epistemology has been challenged by Relativity and Quantum Physics. However, the true challenge is not to force modern physics into (...) a rigidly construed static version of Kant's philosophy, but to provide Kant's method with flexibility and generality. In this book, the top specialists of the field pin down the methodological core of transcendental epistemology that must be used in order to throw light on the foundations of modern physics. First, the basic tools Kant used for his transcendental reading of Newtonian Mechanics are examined, and then early transcendental approaches of Relativistic and Quantum Physics are revisited. Transcendental procedures are also applied to contemporary physics, and this renewed transcendental interpretation is finally compared with structural realism and constructive empiricism. The book will be of interest to scientists, historians and philosophers who are involved in the foundational problems of modern physics. (shrink)

The Archaeology of Semiotics and the social order of things is edited by George Nash and George Children and brings together 15 thought-provoking chapters from contributors around the world. A sequel to an earlier volume published in 1997, it tackles the problem of understanding how complex communities interact with landscape and shows how the rules concerning landscape constitute a recognised and readable grammar. The mechanisms underlying landscape grammar are both physical and mental, being based in part on the mindset (...) of the individual; the same landscape can thus evoke different meanings for different people and at different times. People's perception has greatly influenced the construction of landscapes over millennia but, until recently, the potential of this area has been largely untapped. Apart from chapters focusing solely upon human interaction with landscape, there are several which skilfully integrate artefacts and place with landscape (e.g. Gheorghiu and Sognnes). Other chapters look at the way people have marked the landscape through such mechanisms as rock-art (e.g. Clegg, Devereux, Estévez, Fossati, Kelleher and Skier). Rock-art establishes personal and communal identity in relation to landscape and it is clear that other forms of visual expression were in place which distinctively created special places within the landscape. Landscape constructs can bind cultures together; bringing the old ways of reading the landscape into contemporary life (e.g. Smiseth). Defining early and late prehistoric landscapes and segregating these into, say, mundane domestic and ritualised spaces rely on both clear and subtle archaeologies and in this volume distinct monument clustering and ritualised linearity are considered (e.g. Mason and Nash). A volume such as this cannot escape the influence of New World approaches, such as anthropology, and in many respects chapters by Bender, Muller and Merritt give context to other chapters within the book. Finally, one must consider text as a means of constructing landscape and this is considered by Heyd, who eloquently deconstructs the travel diary of a 17th century Japanese poet. This will be an important volume for archaeologists, landscape scholars and students. The many approaches used are tried and tested, forming an invaluable resource and not just another edited book. (shrink)

Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it (...) must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions,' challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics and philosophy. (shrink)

In order to show the validity of here proposed conception of social ontology and its advantages over descriptive theories of social reality, which in the analysis of the socio-ontological status of human rights find only legally understood normativity as present in social reality, we will first lay out Searle’s interpretation of human rights. In the second step, we will introduce the methodical approach and basic concepts of our socio-ontological position, and explain the structure of the relationship between justice, law, (...) morality, social institutions and collective intentionality. At the end we will show how our theory of social ontology is better than Searle’s legal positivism in examining the ontological status of human rights. At the end, we show in what ways such a theory of social ontology more intuitively and with wider arguments explains the ontological status of institution of human rights than Searle’s legal positivism. (shrink)

This brief paper is devoted to criticizing the widespread reading of Kant’s first Critique, according to which reference to subject-independent objects is “constituted” by higher-order cognitive abilities (concepts). Let us call this the “constitutional view.” In this paper, I argue that the constitutional reading confuses the un-Kantian problem of how we come to represent objects (which I call the intentionality thesis), with the quite different problem of how we cognize (erkennen) (which I call the “cognition thesis”) that (...) we do represent objects, that is, things that exist independently of the subject. (shrink)

The judgment of the Supreme Court of Canada in the Quebec Secession Reference has produced a torrent of public commentary. Given the fundamental issues about the relationship between law and politics raised by the judgment, what is remarkable is that that commentary has remained almost entirely in a pragmatic perspective, which asks how positive politics entered into the motivations and justifications of the Court, and looks at the results in terms of their political consequences, without deep or sustained reflection on (...) the ultimate grounds for the role the Court took upon itself, or on the normative sources of its reasoning. In this article, we explore the Quebec Secession Reference through the lens of constitutional theory. In particular, we highlight three unconventional aspects of the Court’s reasoning: (a) the supplementation of the written constitution through an explicit process of amendment-like interpretation to craft a new legal framework governing the secession of a province from Canada, (b) the vesting by the Court of substantial, if not exclusive responsibility for interpreting the constitutional rules on secession in particular situations or contexts with political organs, not the courts, and (c) the ascent by the court to abstract normativity, in articulating a normative vision of the Canadian constitutional order, whence it derived the legal framework governing secession. In addition to drawing attention to these unusual aspects of the judgment, we articulate the theoretical justifications that both explain and justify those features of the judgment, and identify issues for future discussion. (shrink)