This essay examines how attention to the general welfare should influence the formulation of a constitution.

The question whether AI systems have agency is gaining increasing importance in discussions of responsibility for AI behavior. This paper argues that an approach to artificial agency needs to be teleological, and consider the role of human goals in particular if it is to adequately address the issue of responsibility. I will defend the view that while AI systems can be viewed as autonomous in the sense of identifying or pursuing goals, they rely on human goals and other values incorporated (...) into their design, and are, as such, dependent on human agents. As a consequence, AI systems cannot be held morally responsible, and responsibility attributions should take into account normative and social aspects involved in the design and deployment of the said AI. My argument falls in line with approaches critical of attributing moral agency to artificial agents, but draws from the philosophy of action, highlighting further philosophical underpinnings of current debates on artificial agency. (shrink)

The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning human rights is (...) chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (shrink)

In this paper, I review and compare major literature on goals in argumentation scholarship, aiming to answer the question of how to take the different goals of arguers into account when analysing and evaluating public political arguments. On the basis of the review, I suggest to differentiate between the different goals along two important distinctions: first, distinguish between goals which are intrinsic to argumentation and goals which are extrinsic to it and second distinguish between goals of the act of arguing (...) and goals of argumentative interactions. Furthermore, I propose to analyse public political arguments as multi-purposive activity types and reconstruct the argumentative exchanges as a series of simultaneous discussions. This enables us to examine public political arguments from a perspective in which the intrinsic goals of argumentation are in principle instrumental for the achievement of the socio-political purposes of argumentation, and consequently, it makes our assessment of the argumentative quality of the argument also indicative of the quality of the socio-political processes to which the arguments contribute. (shrink)

In 'Joint Action and Development', Stephen Butterfill argues that if several agents' actions are driven by what he calls a "shared goal"—a certain pattern of goal-relations and expectations—then these actions constitute a joint action. This kind of joint action is sufficiently cognitively undemanding for children to engage in, and therefore has the potential to play a part in fostering their understanding of other minds. Part of the functional role of shared goals is to enable agents to choose means (...) that are appropriate to realising a goal with others rather than individually. By offering a counterexample, I show that the pattern of goal-relations and expectations specified by Butterfill cannot play this role. I then provide an appropriately conceptually and cognitively undemanding amendment with which the account can be saved. (shrink)

In constitutional scholarship, legal sanctions and customary law seem to be opposed to each other: customary law is often defined precisely as law without sanctions. Applied to the constitutional field, it is possible to better define those two elements of discourse: constitutional sanctions are essentially procedures of constitutional review of legislation, while customary law is more frequently referred to as constitutional conventions. While insisting on the presence of the element of sanction is typical of the normative discourse attributed to Hans (...) Kelsen, stressing the importance of constitutional conventions implies different strategic goals. Those goals are related to the definition of constitutional law and its specificity compared to other –less political– legal fields. (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)

The European Union stands before a constitutional moment. While some deny the need for a constitution and others want a familiar federal form, I argue that one of the main goals of the constitutional convention ought to be to make the European Union more democratic. The central question is: what sort of democracy is suggested by some of the more novel aspects of European integration? This question demands a normative standard by which to evaluate the realization of democracy in transnational (...) polities. Along republican lines, the proper standard is nondomination. With this normative framework in mind, the problem that the constitution has to solve is juridification, or the possibility of legal domination where there is no unified sovereignty. The solution to this problem of legal domination requires that the constitution institute a reflexive legal order best realized in a deliberative federalism appropriate to a polycentric and diverse polity. Finally, the institutions of this federalism ought also to be characterized through their distinctive form of inquiry, which, borrowing from Gerald Ruggie, I call ‘multiperspectival’. In a transnational polity with multiple demoi, such a democracy is best realized through dispersed and plural forms of authority and in a differentiated institutional structure anchored in a reflexive constitution. (shrink)

Societies function on the basis of rules. These rules, rather like the rules of the road, coordinate the activities of individuals who have a variety of goals and purposes. Whether the rules work well or ill, and how they can be made to work better, is a matter of major concern. Appropriately interpreted, the working of social rules is also the central subject matter of modern political economy. This book is about rules - what they are, how they work, and (...) how they can be properly analysed. The authors' objective is to understand the workings of alternative political institutions so that choices among such institutions can be more fully informed. Thus, broadly defined, the methodology of constitutional political economy is the subject matter of The Reason of Rules. The authors have examined how rules for political order work, how such rules might be chosen, and how normative criteria for such choices might be established. (shrink)

"Judges should interpret the law, not make it." Nearly everyone assents to this proposition , so why is there controversy? In this essay I examine three grounds or sources of disagreement. First, the concept of interpretation is unclear. Second, there is uncertainty about whether legal interpretation raises special interpretive problems. Third, there is an implicit assumption among legal theorists that constitutional interpretation is a specially problematic kind of legal interpretation. My goal is to clarify these and other misconceptions. In (...) Chapter 2 I connect normative theories of adjudication to the concept of interpretation. In Chapters 3 and 4 I develop a conception of interpretation that explains how constitutional interpretation is possible and why it is necessary, thus refuting proponents of the invention and discovery models of adjudication. In Chapters 5 and 6 I develop theories of expression meaning and constitutional interpretation, respectively. Chapters 7 and 8 are critical analyses of the interpretive theories of H. L. A. Hart, Lon L. Fuller, and Ronald Dworkin. (shrink)

Recent models of wisdom in philosophy and psychology have converged on conceptualizing this intellectual virtue as involving metacognitive processes that enable us to know how to live well and act morally. However, these models have been critiqued by both philosophers and psychologists on the grounds that their conceptions of wisdom are redundant with other constructs, and so the concept of wisdom should be eliminated. In reply, I defend an account of wisdom that similarly conceptualizes wisdom as involving metacognitive processes, but (...) without being subject to the critique that wisdom is redundant. To isolate what’s unique about wisdom, I examine the self-regulatory processes that are relevant for being effective in striving to achieve our goals and draw further insights from the research on skill acquisition and expertise. This framework reveals that the unique contribution that wisdom can make beyond these other processes is in setting and revising our conceptions of living well and the constitutive virtues, and so the concept of wisdom is not redundant. In addition, this account can help to resolve two other areas of contention in wisdom research, which is accounting for the connection between wisdom and moral motivation, as well as the role of emotion in wisdom. A goal-oriented approach provides insight into factors influencing moral motivation due to distinctions in the ways goals are formulated, and for a better understanding of the connection between emotion and wisdom I endorse enactivist accounts that maintain that emotions are embodied appraisals connected to our deeply held cares and values. (shrink)

Recently, we initiated a new research line on fulfillment in life by developing a conceptual framework and a self-report measure. To enhance conceptual clarity and complement theoretical considerations and empirical findings, we investigated lay conceptions of a fulfilled life in German-speaking participants at different life stages. First, we selected a qualitative approach using an open-ended question asking participants to describe a fulfilled life. Second, for a more comprehensive understanding, quantitative data were collected about the relevance of sources in providing fulfillment (...) and ratings on a fulfilling life in the present and a fulfilled life in retrospect. Qualitative content analysis was used to assess the responses to the open-ended question. One-fifth of the data was double coded, and intercoder reliability was high. Responses comprised a variety of descriptions, and we grouped them into seven themes, three of which overlapped with the prior conceptualization, namely the core elements of general description, cognitive appraisals, and affective appraisals. Cognitive evaluations related to intrapersonal aspects, particularly having lived life fully, attained personally significant goals, and developed oneself, as well as interpersonal, generative aspects, such as having made a contribution and been able to leave something of value. These categories are mostly in line with what the Fulfilled Life Scale measures. Further themes referred to correlates—including sources—and antecedents, including resources, personal characteristics, and quality of life, all considered worthy to be the subject of empirical investigation but which were not included in the conceptual model. Qualitative and quantitative results suggest that individuals derive fulfillment from different sources. Fulfillment from a profession and having a life task was strongly associated with longer-term fulfillment. Only a few age and sex differences were found. The overarching framework developed from the qualitative results can stimulate further investigation. Our findings underscore that a fulfilled life as a distinct construct should be measured directly rather than via a proxy. Insights into the constituents, sources, and antecedents of a fulfilled life can inform practice to promote a life well lived. (shrink)

I argue for a conception of health as a person's ability to achieve or exercise a cluster of basic human activities. These basic activities are in turn specified through free-standing ethical reasoning about what constitutes a minimal conception of a human life with equal human dignity in the modern world. I arrive at this conception of health by closely following and modifying Lennart Nordenfelt's theory of health which presents health as the ability to achieve vital goals. Despite its strengths I (...) transform Nordenfelt's argument in order to overcome three significant drawbacks. Nordenfelt makes vital goals relative to each community or context and significantly reflective of personal preferences. By doing so, Nordenfelt's conception of health faces problems with both socially relative concepts of health and subjectively defined wellbeing. Moreover, Nordenfelt does not ever explicitly specify a set of vital goals. The theory of health advanced here replaces Nordenfelt's (seemingly) empty set of preferences and society-relative vital goals with a human species-wide conception of basic vital goals, or ‘central human capabilities and functionings’. These central human capabilities come out of the capabilities approach (CA) now familiar in political philosophy and economics, and particularly reflect the work of Martha Nussbaum. As a result, the health of an individual should be understood as the ability to achieve a basic cluster of beings and doings—or having the overarching capability, a meta-capability, to achieve a set of central or vital inter-related capabilities and functionings. (shrink)

Recent evidence confirming that the administration of antiretroviral drugs (ARVs) to HIV‐infected persons may effectively reduce their risk of transmission has revived the discussion about priority setting in the fight against HIV/AIDS. The fact that the very same drugs can be used both for treatment purposes and for preventive purposes (Treatment as Prevention) has been seen as paradigm‐shifting and taken to spark a new controversy: In a context of scarce resources, should the allocation of ARVs be prioritized based on the (...) goal of providing treatment, or on the goal of preventing the spread of the HIV epidemic?Contributions to this discussion tend to assume that treatment and prevention constitute two divergent goals that entail conflicting priorities. We challenge that assumption on the basis of both conceptual and empirical examination. We argue that, as far as the provision of ARVs to HIV‐infected persons is concerned, the goals of treatment and prevention do not entail conflicting priorities; to the contrary, they dictate converging strategies for the optimal allocation of ARVs. In light of the current evidence, the concept of Treatment as Prevention can indeed be seen as paradigm‐shifting, yet in a novel way: Rather than extending the tension between the goals of treatment and prevention to the level of drug‐allocation, it dissolves this tension by providing a rationale for a unified strategy for allocating ARVs. (shrink)

Health-related quality of life is the ultimate general goal for medicine, health care and public health, including health promotion and health education. The other important general goal is health-related welfare. The aim of the paper is to explain what this means and what the consequences of these assumptions are for health work. This involves defining the central terms “health”, “quality of life” and “welfare” and showing what their conceptual relations are. Health-related quality of life has two central meanings: (...) health-related well-being, which constitutes quality of life, and health as ability, which contributes causally to quality of life. Four meanings of health-related welfare are put forward: general well-being, health as ability, other inner properties of the individual, and external factors. States and processes covered by these categories contribute causally to health-related quality of life. Finally, using these distinctions, some more specific goals for medicine and health care, on the one hand, and for public health and health promotion, on the other, are outlined. In the former fields work is primarily directed towards changing the health-related quality of life of the individual through direct measures, “manipulating” the individual, whereas public health work and health promotion primarily use indirect measures and further health through various sorts of health-related welfare changes, e.g. through changing the environment. (shrink)

In his influential book Truth, Paul Horwich deploys a philosophical method focused on linguistic usage, that is, on the function(s) the concept of truth serves in actual discourse. In doing so Horwich eschews abstract metaphysics, arguing that metaphysical or ontological conceptions of truth rest on basic misconceptions. From this description, one might reasonably expect Horwich's book to have drawn inspiration from, or even embodied philosophical pragmatism of some kind. Unfortunately Horwich relies upon Russell's tired caricature of pragmatism about truth (''p' (...) is true if and only if it is useful to believe p' (Ibid., p. 34, p. 47)), and as a result underestimates the challenge it poses to Minimalism. This paper develops a pragmatist critique of minimalism that focuses on the seemingly central, plausibly constitutive role played by the concept of truth in the speech-act of assertion. The critique suggests that Horwich's Minimalism does not and cannot accomplish its stated goal of explaining all of the facts involving truth. Indeed, the kind of thorough-going deflationism sought by Horwich and others (including pragmatist sympathizer Bob Brandom) is incompatible with an adequate account of assertion, and perhaps other concepts (like belief, judgement and inquiry) as well. (shrink)

Provisions for animal rights have been included in the national constitutions of Switzerland and Germany . Protective constitutional inclusion is a major social movement success, and in view of the other movements also seeking increased political visibility and responsiveness, it is worth asking how and why nonhuman animals were allowed into this realm of political importance. This research seeks to explain how animal activists achieved this significant goal in two industrialized democracies. Using an approach drawn from the mainstream canon (...) on social movements, this comparative study attempts to show how cultural factors, institutional selectivity, and the influence of spontaneous events, along with the tactic of “frame-bridging,” determined the success of both movements. (shrink)

Recent evidence confirming that the administration of antiretroviral drugs (ARVs) to HIV-infected persons may effectively reduce their risk of transmission has revived the discussion about priority setting in the fight against HIV/AIDS. The fact that the very same drugs can be used both for treatment purposes and for preventive purposes (Treatment as Prevention) has been seen as paradigm-shifting and taken to spark a new controversy: In a context of scarce resources, should the allocation of ARVs be prioritized based on the (...) goal of providing treatment, or on the goal of preventing the spread of the HIV epidemic? Contributions to this discussion tend to assume that treatment and prevention constitute two divergent goals that entail conflicting priorities. We challenge that assumption on the basis of both conceptual and empirical examination. We argue that, as far as the provision of ARVs to HIV-infected persons is concerned, the goals of treatment and prevention do not entail conflicting priorities; to the contrary, they dictate converging strategies for the optimal allocation of ARVs. In light of the current evidence, the concept of Treatment as Prevention can indeed be seen as paradigm-shifting, yet in a novel way: Rather than extending the tension between the goals of treatment and prevention to the level of drug-allocation, it dissolves this tension by providing a rationale for a unified strategy for allocating ARVs. (shrink)

By refering to the examples of different cultural traditions, Arūnas Sverdiolas in his study Constitution and Preservation described the mechanisms that are involved in the creation of culture – constitution and preservation. The goal of this article is to show how these mechanisms operated in the reality of the Grand Duchy of Lithuania. The article analyzes the roles that the Lithuanian political society gave to legislation, upbringing, historical narratives, heroic and occasional poetry while constituting and preserving itself.

In recent work, philosophical theologians Michael Rea and Jeffrey Brower have formulated a precise way of understanding the doctrine of the Trinity along the lines of a contemporary constitution theory of material objects. Here I explain the theological and philosophical thinking behind their proposal, and give seven objections to it. Stepping back to consider methodology, I distinguish several goals a Trinity theory may aim at, and argue that the theory at hand achieves some but not others. Most importantly, it fails (...) as a Rational Reconstruction of creedal trinitarian claims. (shrink)

The study of illiberal constitutions has recently generated enormous scholarly interests. Few, however, have focused on whether democracies may still embrace constitutionalism mixed with illiberal elements. This article explores mixed constitutions of South Korea and Taiwan, the two democracies with vibrant civil societies in East Asia. Three distinctive features in both constitutions have demonstrated illiberal elements, including duty clauses imposed upon citizens, directives requiring the State to enact laws to fulfill the goals of governance, and constitutional cultures that exhibit high (...) deference to political elites based on the Confucian tradition. This article further examines the impacts of such mixed constitutions on three challenging issues: managing pandemic crisis, applying artificial intelligence, and combating fake news. This article finds mixed features of illiberal and democratic constitutions in the two countries by giving their governments more space in managing urgent crises, showing higher deference to experts who are generally trusted by the public, and making compromises to individual rights for greater public good. However, this does not imply that the government is not made democratically accountable, or rights and freedoms are not asserted or valued by individuals. To the contrary, nongovernmental organizations and courts in the two countries continue to act as a counterbalancing force, challenging the government’s policies and decisions if not reasonably balanced, weakening the tendency of power concentration that has been seen in other countries where democratic backsliding or authoritarian governance is gradually revived. (shrink)

It has become customary in multilevel selection theory to use the same terms to denote both two explanatory goals and two explanatory means. This paper spells out some of the benefits that derive from avoiding this terminological conflation. I argue that keeping explanatory means and goals well apart allows us to see that, contrary to a popular recent idea, Price’s equation and contextual analysis—the statistical methods most extensively used for measuring the effects of certain evolutionary factors on the change in (...) the focal individual trait in multilevel selection scenarios—do not come with built-in notions of group selection and, therefore, the efficacy of these methods at analyzing various kinds of cases does not constitute a basis for deciding how group selection should best be defined. Moreover, contrary to another widely accepted idea, I argue that more than one type of group selection may serve as explanatory means when one’s goal is that of explaining the evolution of individual traits in multilevel selection scenarios and I spell out how this explanatory role should be understood. (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)

Within public health, and increasingly other areas of social policy, there are widespread calls to increase or improve the use of evidence for policy-making. Often these calls rest on an assumption that increased evidence utilisation will be a more efficient or effective means of achieving social goals. Yet a clear elucidation of what can be considered “good evidence” for policy is rarely articulated. Many of the current discussions of best practise in the health policy sector derive from the evidence-based medicine (...) movement, embracing the “hierarchy of evidence” that places experimental trials as pre-eminent in terms of methodological quality. However, a number of problems arise if these hierarchies are used to rank or prioritise policy relevance. Challenges in applying evidence hierarchies to policy questions arise from the fact that the EBM hierarchies rank evidence of intervention effect on a specified and limited number of outcomes. Previous authors have noted that evidence forms at the top of... (shrink)

The purpose of the article is to argue for the significance of a clarified goal of health care for the setting of priorities. Three arguments are explored. First, assessment of needs becomes necessary in so far as the principle of need should guide the priority-setting. The concept of health care need includes a goal component. This component should for rational reasons be identical with the goal of health care. Second, in order to use resources efficiently it is (...) necessary to assess the effects of health care. It is not, however, a question of assessing whether there is an effect but a question of assessing whether there is the right effect. And what constitutes the right effect can only be determined in relation to the goal of the enterprise. Third, the health sector involves several groups of actors such as politicians, administrators, doctors, nurses, physiotherapists, occupational therapists, educationists and patients. It is common knowledge that successful teamwork requires an understanding of a common goal. The article ends with an example of a goal chosen from ethics. (shrink)

What sorts of aims, or goals, are constitutive of science? How does scientific evidence relate to the knowledge that science produces? And can the No Miracles Argument for scientific realism be defended against concerns about the explanatory capacity of truth? In Knowing Science, Bird engages with questions like these at length. In this paper, I engage with these questions too. I raise some concerns for the view that aiming at knowledge is constitutive of science. I provide three counterexamples (...) to an epistemic principle which Bird uses to argue for the view that evidence is knowledge. And I formulate a version of the No Miracles Argument which, by basing realism on a particular approach to meaning and to the empirical science of linguistics, avoids any mention of truth whatsoever. (shrink)

Recent accounts of emotional action intend to explain such actions without reference to goals. Nevertheless, these accounts fail to specify the difference between goals and other kinds of motivational states. I offer two remedies. First, I develop an account of goals based on Michael Smith’s arguments for the Humean theory of motivation. On this account, a goal is a unified representation that determines behavior selection criteria and satisfaction conditions for an action. This opens the possibility that mental processes could (...) influence behavior without such a unified representation and hence, without goals. Second, I develop a model of emotions and appetites on which behavior selection criteria can be decoupled from satisfaction conditions. If this model is correct, then in many cases, there is no unified representation that determines the behavior selection criteria and satisfaction conditions of emotional actions. In contrast with many traditional accounts of action, the model suggests the following: Whether or not a behavior constitutes an action does not depend on the agent’s grasp of the behavior’s aim. Rather, a behavior constitutes an action if it was organized by the agent, where an agent can organize actions without a coherent grasp of their aim. Some emotional actions are manifestations of this possibility. (shrink)

This article attempts to outline the contours of a transcendental phenomenology that would retain the intuition of a healthy realism. In this connection it is proposed to reinterpret the Husserlian notion of constitution, presenting constitution as a discover of reality. A distinction is made between strong and weak versions of constitution. It is constitution in the weak sense that combines, in our opinion, with the realist attitude. In order to achieve the above-mentioned goal (to present constitution as discovery), the (...) Husserlian notion of object sense is clarified: it is excluded as a representative or substitute of an intentional object; object sense is seen as a mode of givenness, as а medium by means of which the object is implied or given. The idea of a meaningful discovery of reality is best matched by this treatment of object meaning. It is thus possible to combine the realist attitude with the idea of meaningful access to the real, thus avoiding, on the one hand, naive realism and, on the other hand, transcendental-idealist implications. The Husserlian notion of constitution is further related with the idea of forming interpretative schemes of understanding the world, which may include political agendas, scientific paradigms, systems of speculative metaphysics, and religious faith. It is emphasized that, although the rejection of interpretation is impossible, interpretive schemes must be reconciled with real facts and events in order to “fine-tune” reason and reality. Finally, a separation is undertaken with the conception of J.- L. Marion, which relies on the deflation of meaning in favor of the given as such, calling into question the status of man as a being who possesses reason, who discovers reality and constitutes its meaning. (shrink)

Nazariyat, Journal for the History of Islamic Philosophy and Sciences, issued twice a year in English and Turkish (Nazariyat İslam Felsefe ve Bilim Tarihi Araştırmaları Dergisi), is a refereed international journal. It publishes original studies, critical editions of classical texts and book reviews on Islamic philosophy, kalām, theoretical aspects of Sufism and the history of sciences. The goal of Nazariyat is to contribute to the discovery, examination and reinterpretation of the theoretical traditions in the history of Islamic thought, by (...) giving special attention to the post-classical period of it. **ISSN: 2148-8088 E-ISBN: 2547-9415**. (shrink)

Mechanistic approaches are very common in the causal interpretation of biological and neuroscientific experimental work in today’s philosophy of science. In the mechanistic literature a strict distinction is often made between causal relations and constitutive relations, where the latter cannot be causal. One of the typical reasons for this strict distinction is that constitutive relations are supposedly synchronic whereas most if not all causal relations are diachronic. This strict distinction gives rise to a number of problems, however. Our (...) end goal in this paper is to argue that it should be given up, at least in the context of the biological and the psychological sciences. To that effect, we argue that constitutive relations in this context are diachronic, thus undermining the aforementioned reason. We offer two cases from scientific practice in which constitutive relations are regarded as both diachronic and causally efficacious, review three existing ways of dealing with the apparent diachronic nature of interlevel relations in mechanisms and propose a new account of diachronic, causal constitutive relevance. (shrink)

The creation of new institutions and the initiation of new forms of behaviour cannot be explained only on the basis of constitutive rules – they also require a broader commitment of individuals who participate in social practices and, thus, to become members of a community. In this paper, I argue that the received conception of constitutive rules shows a problematic intellectualistic bias that becomes particularly manifest in three assumptions: (i) constitutive rules have a logical form, (ii) (...) class='Hi'>constitutive rules have no normative force, and (iii) rules are essentially tied to a sanctioning authority. I discuss these three claims in light of real-life examples. The goal of this discussion is to show that the normative force of constitutive rules is based on the shared commitment of participants who engage in the relevant practices. The inner cohesion and the persistence in time of these practices is possible only because participants continuously calibrate their own forms of behaviour to that of the other members of the community, which underscores the social dimension of constitution. (shrink)

The Hollow Core of Constitutional Theory is the first major defense of the central role of the Framers' intentions in constitutional interpretation to appear in years. This book starts with a reminder that, for virtually all of Western legal history, when judges interpreted legal texts, their goal was to identify the lawmaker's will. However, for the past fifty years, constitutional theory has increasingly shifted its focus away from the Framers. Contemporary constitutional theorists, who often disagree with each other about (...) virtually everything else, have come to share the view that the Framers' understandings are unknowable and irrelevant. This book shows why constitutional interpretation needs to return to its historical core inquiry, which is a search for the Framers' intentions. Doing so is practically feasible, theoretically defensible, and equally important not only for discovering the original meaning, but also for deciding how to apply the Constitution today. (shrink)

The coupling-constitution fallacy claims that arguments for extended cognition involve the inference of “x and y constitute z” from “x is coupled to y” and that such inferences are fallacious. We argue that the coupling-constitution fallacy fails in its goal to undermine the hypothesis of extended cognition: appeal to the coupling-constitution fallacy to rule out possible empirical counterexamples to intracranialism is fallacious. We demonstrate that appeals to coupling-constitution worries are problematic by constructing the fallacious argument against the hypothesis of (...) extended cognition. We consider several objections to our argument and find them insufficient to rebut our conclusion. (shrink)

While analysing constitutions of various countries in the legal literature, usually not only the form and the content but also the structure of the constitution is discussed. The structure of the constitution is an internal organisational order of the norms of the constitution. Although every state has a unique structure of their constitution, however, certain regularities can be discerned. The analysis of the structure of various constitutions leads to a conclusion that normally each constitution consists of the following standard structural (...) parts: the preamble, the main part, the final, transitional or additional provisions, in some constitutions there can also be annexes. The article ascertains that most of the constitutions begin with the introductory part, the preamble. Only the constitutions of several countries (e.g. Norway, the Netherlands, Belgium, Italy, Greece) contain no preamble. After analysing the preambles of the Lithuanian Constitutions adopted in 1918-1940, the Lithuanian Constitution of 1992, the Constitution of the United States of America of 1787, the Constitution of Federal Republic of Germany of 1949, and the constitutions of several Central and Eastern European countries (the Constitution of the Republic of Estonia of 1992, the Constitution of Czech Republic of 1992 and the Constitution of the Republic of Poland of 1997) it is stated that a preamble is considered as an inseparable part of an official text of a constitution. The preamble reflects the historical context and the circumstances of the adoption of a constitution, names the goals of the constitutional regulation, fortifies the values to be attained, declares the key political principles or even the fundamental human rights and freedoms, etc. Often the preamble reveals the methods of adoption of a constitution. The preamble is an important structural part of the constitution that helps to understand the established constitutional regulation. The principles enshrined in it can be considered as significant argument for the constitutional justice institutions while solving the case of whether the law or any other legal act in question contradicts with the constitution. While interpreting and applying the constitution as a single act, its separate sections, clauses or certain provisions it is necessary to take the content of the preamble into account, since no text of the constitution shall be interpreted in a way to contradict the statements of the preamble and its spirit. The preamble is not only a category of a political, ideological or philosophical nature, it undoubtedly has the legal burden, therefore it is considered to have legal validity. Constitutions usually do not contain any particular preamble amendment procedures. The preambles are characterised to have the so-called higher style; they are usually formulated not in compliance with the requirements of legal technique. Therefore, they differ from other constitutional provisions that are usually set out in official writing style according to certain rules of legal technique. (shrink)

The Supreme Court of Idaho held, in Idaho Association of Chiropractic Physicians, Inc. v. Alcorn, No. 23787,1999 WL 134677, at *1, that insurance regulations of health care services must apply equally to all providers. The Idaho legislature enacted the Small Employer Health Insurance Availability Act, Idaho Code § 41-4701, and the Individual Health Insurance Availability Act, id. § 41-5201, which is to be implemented by the Idaho Small Employer and Individual Health Reinsurance Program. The goal of the legislation is (...) to make health insurance available and affordable to small employers and their employees, and to individuals who would not otherwise have health insurance. Accordingly, the Program promulgated the following rule: “Chiropractic services will be subject to one thousand dollars per year limit.” Idaho Ass’n of Chiropractic Physicians, 1999 WL 134677, at *1.The plaintiff, the Idaho Association of Chiropractic Physicians, sought declaratory judgment and injunctive relief against defendant, James M. Alcorn, director of the Idaho State Department of Insurance, on equal protection and due process grounds. (shrink)

In this article we strive to provide a detailed and principled analysis of the role of beliefs in goal processing—that is, the cognitive transition that leads from a mere desire to a proper intention. The resulting model of belief-based goal processing has also relevant consequences for the analysis of intentions, and constitutes the necessary core of a constructive theory of intentions, i.e. a framework that not only analyzes what an intention is, but also explains how it becomes what (...) it is. We discuss similarities and differences between our approach and other standard accounts of intention, in particular Bratman’s planning theory. The aim here is to question and refine the conceptual foundations of many theories of intentional action: as a consequence, although our analysis is not formal in itself, it is ultimately meant to have deep consequences for formal models of intentional agency. (shrink)

In this paper I outline the most relevant traits of the term ‘trust’ understood as one of the synonyms for ‘certainty’ that Ludwig Wittgenstein used in his posthumous work On Certainty. To this end, I analyze the paragraphs of On Certainty in which reference is made to pupils who are expected to trust what is taught by their teacher: in addition, I note that such a process is largely based on the attitude of rejection and bewilderment that teachers promote towards (...) people who call into doubt those certainties that pupils are expected to assimilate. Subsequently, after emphasizing the importance that Wittgenstein attached to the ineffability of certainties, I explain how such certainty or trust can be staged. Lastly, I clarify why an appropriate contemplation of this staging can be of great help for pupils to achieve at least four goals of educational interest: thus, children can not only strengthen their capacity for wonder, but also experience what things are ineffable, glimpse the limits of rationality, and become more tolerant of people who are partakers of a different world-picture. (shrink)

Graham Walker boldly recasts the debate over issues like constitutional interpretation and judicial review, and challenges contemporary thinking not only about specifically constitutional questions but also about liberalism, law, justice, and rights. Walker targets the "skeptical" moral nihilism of leading American judges and writers, on both the political left and right, charging that their premises undermine the authority of the Constitution, empty its moral words of any determinate meaning, and make nonsense of ostensibly normative theories. But he is even more (...) worried about those who desire to conduct constitutional government by direct recourse to an authoritative moral truth. Augustine's political ethics, Walker argues, offers a solution--a way to embrace substantive goodness while relativizing its embodiment in politics and law. Walker sees in Augustinian theory an understanding of the rule of law that prevents us from mistaking law for moral truth. Pointing out how the tensions in that theory resonate with the normative ambivalence of America's liberal constitutionalism, he shows that Augustine can provide successful but decidedly nonliberal grounds for the artifices and compromises characteristic of law in a liberal state. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

Much social theory tends to emphasize the external goods of social practices, often neglecting the internal goods of those practices. For example, many analyses of religious rituals over-emphasize the instrumental and individualistic ends of prayer and liturgy by describing such religious practices as effective means for achieving external ends like positive emotions, psychological benefits, social status, or social capital. By contrast, we use a neo-Aristotelian virtue ethics perspective to analyze the relational goods, such as trust and intimacy, which are expressed (...) and sustained through ritualized social practices. Using ethnographies of Haitian and Ghanaian Christians in the U.S., we demonstrate that prayer and liturgy can also be understood as constitutive-ends practices, practices in which human persons engage to sustain relations with others because there are goods inherent to those relationships. We further argue that in many religious practices, the end goals and the means—i.e. specific aspects of the practice—are inseparable. Our approach to developing theory combines critical engagement with numerous other theorists and also exploring how well various theories can explain the motivations and experiences of participants in the religious rituals where we conducted our ethnographies. (shrink)

This article focuses on Latin American constitutionalism with two goals in mind. The first goal is to identify narratives of constitutional mixity or hybridity that have been influential in Latin America, something that habilitates a comparative analysis with references to mixed or hybrid constitutionalism in other scenarios. One narrative underlines the combination of U.S.-inspired constitutionalism with background civil law systems. Another narrative highlights the way classic regional constitutional designs feature a liberal-conservative hybridation that, some claim, continue to influence constitutional (...) dynamics up to this day. And the third narrative is associated with the establishment in regional countries of hybrid or mixed systems of judicial review. The second goal of the article, more methodological in kind, is to explore what do Latin American narratives on mixity teach in the way to clarifying the nature and implications of exercises constitutional taxonomy. As it emerges, constitutional taxonomy is a way of organizing and generating knowledge which is useful to describe, but most meaningful when addressed to provide an explanation, which is often just an antechamber to normative evaluation. Whether a particular exercise of constitutional taxonomy makes sense in a particular scenario, however, is a different matter, and the article suggests that describing, explaining and evaluating Latin American constitutions as hybrid is illuminating but also problematic in a number of ways. (shrink)

This paper considers an argument from Rosenberg (Thinking about Knowing, 2002) that truth is not and cannot be the aim of belief. Here, I reconstruct what I take to be the most well worked out version of this idea tracing back to Rorty and Davidson. In response, I also distinguish two things the truth-aim could be: a goal regulating our executable epistemic conduct and an end which determines the types of evaluation, susceptibility to which is partially constitutive of (...) what a belief is. (shrink)

Why do some addicted people chronically fail in their goal to recover, while others succeed? On one established view, recovery depends, in part, on efforts of intentional planning agency. This seems right, however, firsthand accounts of addiction suggest that the agent’s self-narrative also has an influence. This paper presents arguments for the view that self-narratives have independent, self-fulfilling momentum that can support or undermine self-governance. The self-narrative structures of addicted persons can entrench addiction and alienate the agent from practically (...) feasible recovery plans. Strategic re-narration can redirect narrative momentum and therefore support recovery in ways that intentional planning alone cannot. (shrink)

Davidson, Rorty, and Rosenberg each reject, for similar reasons, the idea that truth is the aim of belief and the goal of inquiry. Rosenberg provides the most explicit and compelling argument for this provocative view. Here, with a focus on this argument, I suggest that this view is a mistake, but not for the reasons some might think. In my view, we can view truth as a constitutive aim of belief even if not a regulative goal of (...) inquiry, if we adopt a Sellarsian view of the ought-to-be’s of belief. Along the way, I suggest that many aspects of Rosenberg’s (unfortunately under-appreciated) epistemology are in fact defensible and are independent of his strong denial of truth's role in constraining epistemic practices. (shrink)

The aim of this paper is twofold: In its first part, we work out the key features of constitutivism as presented by Christine Korsgaard. This reconstruction serves to clarify which goals Korsgaard wants to achieve with her account and which of its central claims she has to defend in particular. In the second part, we discuss whether Korsgaard can vindicate constitutivism's most central claim. To do this, we analyse two important arguments - the argument from unavoidability and the argument from (...) the abstract constitutive principle - that have been made in support of constitutivism. We show how both these arguments go amiss and conclude that at least for now, constitutivism's most central claim has not been successfully argued for. (shrink)

We live in an era of constitution-making. New constitutions are appearing in historically unprecedented numbers, following regime change in some countries, or a commitment to modernization in others. No democratic constitution today can fail to recognize or provide for gender equality. Constitution-makers need to understand the gendered character of all constitutions, and to recognize the differential impact on women of constitutional provisions, even where these appear gender-neutral. This book confronts what needs to be considered in writing a constitution when gender (...) equity and agency are goals. It examines principles of constitutionalism, constitutional jurisprudence, and history. Its goal is to establish a framework for a 'gender audit' of both new and existing constitutions. It eschews a simple focus on rights and examines constitutional language, interpretation, structures and distribution of power, rules of citizenship, processes of representation, and the constitutional recognition of international and customary law. It discusses equality rights and reproductive rights as distinct issues for constitutional design. (shrink)

A central task of comparative constitutional law scholarship is categorization and classification of constitutions. Recent scholarship, no doubt informed by the populist tide, has sought to develop the concept of a mixed constitution. Broadly speaking, a mixed constitution is a constitution that integrates liberal and illiberal elements, elements that are usually separate and not found under the same constitution. The study of “mixed constitutions” encompasses both descriptive and normative aspects. First, an attempt to ascertain what, exactly, makes a constitution “mixed.” (...) Second, an attempt to analyze either the desirability of such a system or an attempt to figure out how to harness mixed constitutions in the service of particular normative goals, for example the protection of human rights. This article has two goals. First, an inquiry into the descriptive aspect of mixed constitutions. My aim is to show that given the seeming consensus of what constitutes a mixed constitution, the category itself might encompass many more constitutions than is often acknowledged, to the point that many constitutions are likely to be mixed to a certain extent. My second goal is to demonstrate that given this definitional consensus, what makes a constitution mixed is not necessarily because the constitution itself is mixed, but because sub-constitutional norms shape our constitutional understanding. Put differently, the meaning of a constitution is not determined exclusively through an analysis of the constitution, but also by shifts in sub-constitutional understandings. If this is correct, then it turns out that the universe of mixed constitutions is much larger than thought, which casts doubt on the utility of the category of mixed constitutions. (shrink)

The article examines the doctrine of thing in the “Metaphysics” created in the early 1330s by an original Franciscan theologian and philosopher Nicholas Bonetus. The article points to the historical-philosophical significance of this work. In the scholastic tradition, Bonetus’s “Metaphysics’ is argued to be one of the first large and independent treatises on metaphysics, i.e. it is not related to the tradition of commenting on Aristotle. It is also the first treatise in the history of philosophy under the title “Metaphysics”, (...) named so by the author himself. First, we present the biography of the author of the treatise and briefly characterize the structure of his four-part “Opus philosophicum”, as well as emphasize the importance of the division between metaphysics and natural theology, for the first time in the history of the scholastic tradition not only declared as a project, but also im­plemented by Bonetus. Secondly, we examine the place that book III of the “Meta­physics” occupies in Bonetus’s entire metaphysical treatise, and determine the two main themes of this book: the doctrine of res and the doctrine on distinctions and identities. Thirdly, through the analysis of the Ist and IIIrd books of “Metaphysics” we demonstrate the connection, opposition and partial coincidence of two fundamental concepts of Bone­tus's metaphysics: the concept of being as being and the concept of thing. Additionally, the leading meaning of the concept of a thing as a simul totum, that is, a single “consti­tuted whole” from metaphysical elements (formalities, quidditative and individual differ­encies, intrinsic modes, properties), is clarified. Finally, we analyze the relationship be­tween the doctrine of res and the doctrine on distinctions in Bonetus and explain how the doctrine of real and formal distinction and identity is subordinated to the goal of ana­lytics of the metaphysical “constitution of res” and is built into the treatise on the thing. This, in turn, allows us to conclude that the main difference between the “formalist trea­tise” on distinctions and identities (and this is exactly how the content of the IIIrd book of Bonetus’s “Metaphysics” was perceived in the subsequent Scotist tradition), in com­parison with the corresponding treatises of Francis of Meyronnes and Peter Thomae, is precisely the role of the ontological concept of a thing as a “metaphysical whole” or in­dividual in Bonetus that determines his understanding of “formalities”. (shrink)

Consciousness is a natural phenomenon, the object of a flourishing area of research in the natural sciences – research whose primary goal is to identify the neural correlates of consciousness. This raises the question: why is there need for a philosophy of consciousness? As we see things, the need for a philosophy of consciousness arises for two reasons. First, as a young and energetic science operating as yet under no guiding paradigm, the science of consciousness has been subject to (...) considerable confusion regarding its methodological, conceptual, and philosophical foundations, and it is philosophy’s mandate to address such confusion in an attempt to regiment scientific practice. Secondly, the identification of a neural feature that correlated perfectly with consciousness would still leave open a certain metaphysical question: is the relation between consciousness and the relevant neural feature merely correlation, or is that correlation indicative of a deeper, more intimate relation between the two? In this paper, we offer an opinionated overview of the philosophy of consciousness as it addresses these two dimensions of consciousness research. (shrink)