Standard philosophical methodology which proceeds by appeal to intuitions accessible "from the armchair" has come under criticism on the basis of empirical work indicating unanticipated variability of such intuitions. Loose constitutivity---the idea that intuitions are partly, but not strictly, constitutive of the concepts that appear in them---offers an interesting line of response to this empirical challenge. On a loose constitutivist view, it is unlikely that our intuitions are incorrect across the board, since they partly fix the facts in question. (...) But we argue that this ratification of intuitions is at best rough and generic, and can only do the required methodological work if it operates in conjunction with some sort of further criteria of theory selection. We consider two that we find in the literature: naturalness (Brian Weatherson, borrowing from Lewis) and charity (Henry Jackman, borrowing from Davidson). At the end of the day, neither provides the armchair philosopher complete shelter from extra-armchair inquiry. (shrink)
A common objection raised against naturalism is that a naturalized epistemology cannot account for the essential normative character of epistemology. Following an analysis of different ways in which this charge could be understood, it will be argued that either epistemology is not normative in the relevant sense, or if it is, then in a way which a naturalized epistemology can account for with an instrumental and hypothetical model of normativity. Naturalism is here captured by the two doctrines of empiricism and (...) gradualism. Epistemology is a descriptive discipline about what knowledge is and under what conditions a knowledge-claim is justified. However, we can choose to adopt a standard of justification and by doing so be evaluated by it. In this sense our epistemic practices have a normative character, but this is a form of normativity a naturalized epistemology can make room for. The normativity objection thus fails. However, in the course of this discussion, as yet another attempt to clarify the normativity objection, such a naturalistic model will be contrasted with Donald Davidson’s theory of interpretation. Even though this comparison will not improve upon the negative verdict upon the original objection, it will be argued that naturalism cannot accept Davidson’s theory since it contains at least one constitutive principle – the principle of charity – whose epistemic status is incompatible with the naturalistic doctrine of gradualism. So, if this principle has this role, then epistemology cannot be naturalized. (shrink)
This paper examines the standard view of realization operative incontemporary philosophy of mind, and proposes an alternative, generalperspective on realization. The standard view can be expressed, insummary form, as the conjunction of two theses, the sufficiency thesis andthe constitutivity thesis. Physicalists of both reductionist and anti-reductionist persuasions share a conception of realization wherebyrealizations are determinative of the properties they realize and physically constitutive of the individuals with those properties. Centralto the alternative view that I explore here is the idea (...) that the requisite,metaphysically robust notion of realization is ineliminably context-sensitive. I shall argue that the sufficiency and constitutivity theses aretypically not jointly satisfied by any one candidate realizer, and that goingcontext-sensitive in one's metaphysics is preferable to the standard view.The context-sensitive views developed here are implicit in a range ofcommon views in both the philosophy of mind and the philosophy of biology,even if they have not been explicitly articulated, and even though theyundermine other views that are commonly endorsed. (shrink)
What is a human person, and what is the relation between a person and his or her body? In her third book on the philosophy of mind, Lynne Rudder Baker investigates what she terms the person/body problem and offers a detailed account of the relation between human persons and their bodies. Baker's argument is based on the 'Constitution View' of persons and bodies, which aims to show what distinguishes persons from all other beings and to show how we can be (...) fully material beings without being identical to our bodies. The Constitution View yields answers to the questions 'What am I most fundamentally?', 'What is a person?', and 'What is the relation between human persons and their bodies'? Baker argues that the complex mental property of first-person perspective enables one to conceive of one's body and mental states as one's own. (shrink)
By analysing original sources and evaluating conceptual frameworks, this book discusses the idea proclaimed in the Preamble to the Constitution that Australia is a federal commonwealth. Taking careful account of the influence which the American, Canadian and Swiss Constitutions had upon the framers of the Australian Constitution, the author shows how the framers wrestled with the problem of integrating federal ideas with inherited British traditions and their own experiences of parliamentary government. In so doing, the book explains how the Constitution (...) came into being in the context of the groundswell of federal ideas then sweeping the English-speaking world. In advancing an original argument about the relationship between the formation of the Constitution, the representative institutions, configurations of power and amending formulas contained therein, fresh light is shed on the terms and structure of the Constitution and a range of problems associated with its interpretation and practical operation are addressed. (shrink)
Constitutive arguments for the principles of practical reason attempt to justify normative requirements by claiming that we already accept them in so far as we are believers or agents. In two constitutive arguments for the requirement that we must will universally, Korsgaard attempts first to arrive at the requirement that we will universally from observations about the causality of the will, and secondly to establish that willing universally is constitutive of having a self. Some rational requirements may be established by (...) some version of this second argument, but the strategy does not seem promising when it comes to establishing the requirement that we will universally. I draw on the discussion of Korsgaard to highlight a challenge facing constitutive arguments in general. (shrink)
Are the sculpture and the mass of gold which permanently makes it up one object or two? In this paper, we argue that the monist, who answers ‘one object’, cannot accommodate the asymmetry of material constitution. To say ‘the mass of gold materially constitutes the sculpture, whereas the sculpture does not materially constitute the mass of gold’, the monist must treat ‘materially constitutes’ as an Abelardian predicate, whose denotation is sensitive to the linguistic context in which it appears. We motivate (...) this approach in terms of modal analyses of material constitution, but argue that ultimately it fails. The monist must instead accept a deflationary, symmetrical use of ‘materially constitutes’. We argue that this is a serious cost for her approach. (shrink)
Mainstream metaphysics has been preoccupied by inquiring into the nature of major kinds of entities, like objects, properties and events, while avoiding minor entities, like shadows or holes. However, one might want to hope that dealing with such minor entities could be profitable for even solving puzzles about major entities. I propose a new ontological puzzle, the Shadow of Constitution Puzzle, incorporating the old puzzle of material constitution, with shadows in the role of the minor entity to guide our approach (...) to the issues involved. I then analyze the standard answers to the original puzzle of constitution, in their role as potential solutions to the new puzzle. Finally, I discuss three views that can solve the proposed puzzle. (shrink)
In her recent book Persons and Bodies1, Lynne Rudder Baker has defended what she calls the constitution view of persons. On this view, persons are constituted by their bodies, where “constitution” is a ubiquitous, general metaphysical relation distinct from more familiar relations, such as identity and part-whole composition.
Communitarians like Alasdair MacIntyre, Charles Taylor, and Michael Sandel, defend what we may call the ‘social constitution thesis.’ This is the view that participation in society makes us what we are. This claim, however, is ambiguous. In an attempt to shed some light on it and to better understand the impact its truth would have on our beliefs regarding autonomy, I offer four possible ways it could be understood and four corresponding senses of individual independence and autonomy. I also indicate (...) what senses liberals can accept that we are socially constituted and in what sense I take communitarians to argue we are socially constituted. (shrink)
Abstract In the contemporary literature on self-knowledge discussion is framed by and large by two competing models of self-knowledge: the observational (or perceptual) model and the constitutive model. On the observational model self-knowledge is the result of ?cognitively viewing? one's mental states. Constitutive theories of self-knowledge, on the other hand, hold that self-knowledge is constitutive of intentional states. That is, self-ascription is a necessary condition for being in a particular mental state. Akeel Bilgrami is a defender of the constitutive model. (...) I argue that the constitutive model gives rise to a regress problem. This paper will focus on that problem as well as its application to Bilgrami's version of the constitutive model. (shrink)
The constitutional subject : singular, plural or universal? -- The constitutional subject and the clash of self and other : on the uses of negation, metaphor, and metonymy -- Reinventing tradition through constitutional interpretation : the case of unenumerated rights in the United States -- Recasting and reorienting identity through constitution-making : the pivotal case of Spain's 1978 Constitution -- Constitutional models : shaping, nurturing, and guiding the constitutional subject -- Models of constitution making -- The constitutional subject and clashing (...) visions of citizenship : can we be beyond what we are not? -- Can the constitutional subject go global? imagining a convergence of the universal, the particular, and the singular. (shrink)
Both Husserl and Haugeland develop an account of constitution to address the question of how our mental episodes can be about physical objects and thus, through the intentional relation, bridge the gap between the mental and the physical. The respective theories of the two philosophers of very different background show not only how mental episodes can have empirical content, but also how this content is shaped by past experiences or a holistic background of other mental episodes. In this article I (...) first outline and then contrast their positions in order to show how the notion of constitution can be adopted to address major problems of contemporary philosophy of mind, especially the question of how the mind can be related to its physical environment. (shrink)
Can the question "Why do what morality requires?" be answered in such a way that anyone regardless of their desires or interests has reason to be moral? One strategy for answering this question appeals to constitutive arguments. In general, constitutive arguments attempt to establish the normativity of rational requirements by pointing out that we are already committed to them insofar as we are believers or agents. This study is concerned with the general prospects for such arguments. It starts by explaining (...) the general constitutive argument strategy, followed by an examination of constitutive arguments that have been given regarding theoretical reason and the instrumental principle in practical reason, and concluding with a discussion of some challenges to constitutive arguments in moral philosophy and some possible responses to these challenges. (shrink)
In tracing the formation of Husserl's concept of constitution, we hope to further the understanding of what he considers a philosophical explanation. ...
1891. The recovered manuscript of Aristotle's Constitutional History of Athens, now for the first time given to the world from the unique text in the British ...
The paper presents, motivates, critiques, and proposes revisions to Baker’s Constitution View, which includes her definitions of constitution, derivative features, and numerical sameness. The paper argues that Baker should add a mereological clause to her definition of constitution in order to avoid various counterexamples.
The conundrum of the unconstitutional constitution -- The quest for a compelling unity -- The permeability of constitutional borders -- The sounds of silence : militant and acquiescent constitutionalism -- "The first page of the constitution" : family, state, and identity.
In “Mad Narratives: Self-Constitutions Through the Diagnostic Looking Glass,” by using narrative approaches to the self, I explore how the diagnosis of mental disorder shapes personal identities and influences flourishing. My particular focus is the diagnosis grounded on the criteria provided by the Diagnostic Statistical Manual of Mental Disorders (DSM). I develop two connected accounts pertaining to the self and mental disorder. I use the memoirs and personal stories written by the subjects with a DSM diagnosis as illustrations to bolster (...) my claims. First, expanding on the narrative approaches to the self, I explain how narratives about a subject shape her self-constitution. I elucidate how this process is generated by drawing on research in developmental psychology, cognitive science, and social psychology. Next, using this account as a springboard, I argue that the DSM diagnosis of mental disorder serves as a source of narrative, entering into the patients’ autobiographical and social narratives. This plays an important role in the diagnosed subjects’ self-understanding, self-constitution and flourishing. In this vein, how mental disorders are classified is not only a theoretical question about accurately taxonomizing the various experiences related to mental distress but also an ethical question about which ways of talking about mental disorders will allow subjects to respond effectively to their psychological distress, to flourish and to live autonomous and fulfilling lives. Finally, I suggest that the DSM-based narratives wield a double-edged sword when it comes to the subject’s flourishing: On the one hand, there are problems with some DSM-based narratives that stem from the DSM diagnostic schema and the culture of DSM diagnoses. These problems render these DSM-based narratives unbeneficial for flourishing as they constrain the range of adoptive social, cognitive and emotional responses the subjects can give to their mental disorders. On the other hand, there are grounds to believe that some DSM-based narratives help subjects to flourish. For instance, they provide certainty to subjects' otherwise puzzling symptoms and help them reach out to others with similar experiences. Understanding how the DSM-based narratives can both benefit and harm will help us address problems with psychiatric diagnoses and the dissemination of knowledge about mental disorders in popular culture. The project aims to convince both philosophers and psychiatrists that no plausible theory of the self can be developed without attending to the topic of mental disorder and that no theory of mental disorder can be complete without devising the tools provided by the philosophical approaches to the self as well as developmental and social psychology. It also calls for methodological alterations in mental health ethics research, arguing that a careful scrutiny of mental disorder memoirs can advance the ethical underpinnings to the practice of psychiatry. (shrink)
This paper discusses the “constitution view” of human persons, as set forth by Lynne Rudder Baker in her book, Persons and Bodies. The metaphysical notion of constitution is explained and briefly defended. It is shown, however, that the view that human persons are constituted by their bodies faces difficulties in specifying the “person-favorable conditions” under which a human body constitutes a person. Furthermore, none of the arguments in support of the claim that humans are constituted by (but not identical with) (...) their bodies is persuasive. It is proposed that the mind-body theory of “emergent dualism” offers many of the benefits of the “constitution view” without sharing in its drawbacks. (shrink)
The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an ...
Inter-level mechanistic explanations in the sciences have long been a focus of philosophical interest, but attention has recently turned to the compositional character of these explanations which work by explaining higher level entities, whether processes, individuals or properties, using the lower level entities they take to compose them. However, we still have no theoretical account of the constitution or parthood relations between individuals deployed in such explanations, nor any accounts of multiple constitution. My primary focus in this paper is to (...) outline a positive account of the constitution/part-whole relations between individuals posited in inter-level mechanistic explanations that takes constituents in the sciences to be ‘working parts’. Using this account, I then go on to illuminate the nature, and varieties, of multiple constitution that we find in the sciences and provide a starting theoretical framework for multiple constitution as well. (shrink)
In the 225 years since the United States Constitution was first drafted, no single book has addressed the key questions of what constitutions are designed to do, how they are structured, and why they matter. In From Words to Worlds, constitutional scholar Beau Breslin corrects this glaring oversight, singling out the essential functions that a modern, written constitution must incorporate in order to serve as a nation's fundamental law. Breslin lays out and explains the basic functions of a modern constitution (...) -- including creating a new citizenry, structuring the institutions of government, regulating conflict between layers and branches of government, and limiting the power of the sovereign. He also moves into the esoteric, discussing the theoretical concepts behind the fundamentals of written constitutions and examining in-depth some of the most important constitutional charters from around the world. In assaying how states put the structural ideas into practice, Breslin asks probing questions about why -- and if -- constitutions matter. His answer is a resounding yes. Solidly argued and engagingly written, this comparative study in constitutional thought demonstrates clearly the key components that a state's foundational document must address. In doing so, Breslin draws a critically important distinction between constitutional texts and constitutional practice. (shrink)
Traditionally, constitutionalists have offered just one notion of constitution to analyse the relation that an object, such as a statue or a chain, bears to the object/s from which it is made: let us say, a piece of marble in the first case or a piece of metal in the second. Robert Wilson proposes to differentiate two notions of constitution and, in this way, to offer constitutionalists a more varied range of metaphysical tools. To justify the introduction of the difference, (...) he presents several phenomena and problems, the explanation of which would justify the distinction he makes. In this paper I argue that Wilson’s proposal would not increase the explanatory power of a theory of constitution as it has traditionally been understood, only its complexity. Increasing the complexity without increasing the explanatory power of a theory, I defend, goes against one, at least prima facie, basic theoretical virtue: parsimony. In my argumentation I crucially use, for the case of Wilson’s first three arguments, the existence of principles of existence−persistence, which constitutionalists, Wilson among them, usually accept. In arguing against Wilson’s fourth argument I use a slightly modified version of Lynne Rudder Baker’s theory of constitution. (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)
An important shift is taking place in social cognition research, away from a focus on the individual mind and toward embodied and participatory aspects of social understanding. Empirical results already imply that social cognition is not reducible to the workings of individual cognitive mechanisms. To galvanize this interactive turn, we provide an operational definition of social interaction and distinguish the different explanatory roles – contextual, enabling and constitutive – it can play in social cognition. We show that interactive processes are (...) more than a context for social cognition: they can complement and even replace individual mechanisms. This new explanatory power of social interaction can push the field forward by expanding the possibilities of scientific explanation beyond the individual. (shrink)
The requirements of rationality are fundamental in practical and theoretical philosophy. Nonetheless, there exists no usable account of what constitutes rational requirements. This paper attempts to provide a correct constitutive account of ‘rationality requires’. I argue that rational requirements are grounded in ‘necessary explanations’, as I shall put it. Rationality requires of you to X if and only if your rational capacities, in conjunction with the fact that you not-X, explain necessarily why you have a non-maximal degree of rationality.
Provides an introduction to the development of originalist thought and showcases the great range of contemporary originalist constitutional scholarship.
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.
Since constitutional arrangements are what make politics work, they are a central concern of political theory._This book, now completely updated, is the first comprehensive exploration of the political theory of constitutions. Jan-Erik Lane begins by examining the origins and history of constitutionalism and answers key questions such as: What is a constitution? Why are there constitutions? From where does constitutionalism originate? How is the constitutional state related to democracy and justice? Constitutions play a major role in domestic and international politics (...) in the early 21st century and an updated version of this classic textbook will introduce students to a number of different areas -- theoretical, empirical, and moral -- which will aid their understanding of this important topic. (shrink)
Can a man be a feminist? If so, what would it mean? I want to participate in a dialogue between women and men on how to accommodate women’s moral concerns. I propose that the fundamental values of justice embodied in the South African constitutional democracy require men to be feminist. These values provide the best safeguard of the important interests and values of both women and men. Men who accept these values can support the main concerns of feminism. The implications (...) of the argument in this article range from public issues to the most private aspects of marriage. (shrink)
In line with his theory of secularization according to which all significant concepts of the modern theory of the state are secularized theological concepts, Carl Schmitt argues in Constitutional Theory that people’s (Volk) constitution-making power in modern democracy is analogical to God’s potestas constituens in medieval theology. It is also undoubtedly possible to find a resemblance between Schmitt’s constitution-making power and God’s power as it is described in medieval theology. In the same sense as the constitution-making power is absolutely free (...) from all normative ties, God’s potestas constituens, or rather, God’s potentia absoluta is free from such ties. Yet, unlike the Schmittian constitution-making power, God’s potentia absoluta was not, in medieval theology, originally intended as a description of some form of divine action: the absolute power of God referred to the total possibilities initially open to God. However, when the canonists started to employ the term potentia absoluta in their speculations concerning the papal plenitude of power (plenitude potestatis) by the end of the thirteenth century, they used it in a different sense than the theologians previously. According to certain canonists, the pope, by his potentia absoluta, could grant de facto dispensations from divine and ecclesiastical laws. Later on, this notion became a theological notion as well, but given its origin in juridical discourse, the constitution-making power, rather than being a secularized theological notion, is a theologized juristic notion. (shrink)
Through the work of philosophers like Sellars, Davidson, and McDowell, the question of how the mind is related to the world has gained new importance in contemporary analytic philosophy. This book demonstrates that Husserl's phenomenological analyses of the structure of consciousness can provide fruitful insights for developing an original approach to these questions.
The central intuition that guides the argument of this book is that both the technical and reductionist methodology associated with utilitarianism do not do ...
The essays in this volume--written by prominent philosophers, political scientists, and legal scholars--address these questions and explore related issues.
Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.
It is argued that at the center of Hegel’s phenomenology of consciousness is the notion that experience is shaped by identification and sacrifice. Experience is the process of self-constitution and self-transformation of a self-conscious being that risks its own being. The transition from desire to recognition is explicated as a transition from the tripartite structure of want and fulfillment of biological desire to a socially structured recognition that is achieved only in reciprocal recognition, or reflexive recognition. At the center of (...) the Hegelian notion of selfhood is thus the realization that selves are the locus of accountatibility. To be a self, it is concluded, is to be the subject of normative statuses that refer to commitments; it means to be able to take a normative stand on things, to commit oneself and undertake responsibilities. Key Words: commitments • desire • experience • G.W.F.Hegel • identity • recognition • risk • sacrifice • self-consciousness • self-constitution. (shrink)
There is a fairly widespread—and very infl uential—hope among philosophers interested in the status of normativity that the solution to our metaethical and, more generally, metanormative problems will emerge from the philosophy of action. In this essay, I will argue that these hopes are groundless. I will focus on the metanormative hope, but—as will become clear—showing that the solution to our metanormative problems will not come from what is constitutive of action will also devastate the hope of gaining significant insight (...) into first-order, normative truths by focusing (only) on what is constitutive of action. (shrink)
It has long been argued that the institution of judicial review is incompatible with democratic institutions. This criticism usually relies on a procedural conception of democracy, according to which democracy is essentially a form of government defined by equal political rights and majority rule. I argue that if we see democracy not just as a form of government, but more basically as a form of sovereignty, then there is a way to conceive of judicial review as a legitimate democratic institution. (...) The conception of democracy that stems from the social contract tradition of Locke, Rousseau, Kant and Rawls, is based in an ideal of the equality, independence, and original political jurisdiction of all citizens. Certain equal basic rights, in addition to equal political rights, are a part of democratic sovereignty. In exercising their constituent power at the level of constitutional choice, free and equal persons could choose judicial review as one of the constitutional mechanisms for protecting their equal basic rights. As such, judicial review can be seen as a kind of shared precommitment by sovereign citizens to maintaining their equal status in the exercise of their political rights in ordinary legislative procedures. I discuss the conditions under which judicial review is appropriate in a constitutional democracy. This argument is contrasted with Hamilton's traditional argument for judicial review, based in separation of powers and the nature of judicial authority. I conclude with some remarks on the consequences for constitutional interpretation. (shrink)
Consider a statue made of a piece of clay. Call the statue “Statue” and the piece of clay “Clay.” Clay materially constitutes Statue. What is this relation? A standard way to ask this question is to ask whether Clay is strictly identical to Statue. Or is Clay numerically distinct from Statue? The more general way to ask the question is to ask what it means for an object to materially constitute another. Is constitution simply identity? If not, what are the (...) features of this relation? Some contemporary metaphysicians argue that material constitution is simply identity. In other words, when Statue is materially constituted by Clay, Statue just is Clay.1 Fine 2003 calls this view monism. Others follow the lead of what seem to be intuitive judgments about the natures, essences and sorts of objects and defend pluralism about material constitution, denying that constitution is identity. When Clay materially constitutes Statue, Clay is not identical to Statue.2 After all, it seems as though Statue and Clay differ in their properties. Statue is essentially statue-shaped, but Clay is not. Clay could be shaped into a vase, but Statue would not persist through this change. Statue represents beauty and grace incarnate. Clay does not. Clay has its molecules essentially, while Statue could persist even if a few fragments were chipped off. If Statue and Clay do not share all of their properties they cannot be identical, for if a and b are the same object, a has exactly the same properties as b.3 Why be monist? Given the difference in properties, isn’t it just obvious that Statue cannot be identical to Clay? No, for monists can deny there are any real differences in essence or other properties. According to the monist, the seeming differences in essential and other properties are just differences in description. Statue is just Clay called by a.. (shrink)
We run into instances of material constitution everywhere we turn. Material constitution is the relation that obtains between an octagonal piece of metal and a Stop sign, between strands of DNA molecules and genes, between pieces of paper and dollar bills, between stones and monuments, between lumps of clay and statues, between human persons and their bodies—the list is endless. Although there has been a great deal of controversy recently about the nature of material constitution, I want to enter the (...) fray by setting out and defending an explicit definition of what it is for an object x to constitute an object y at time t. (shrink)
Proponents of the explanatory gap claim that consciousness is a mystery. No one has ever given an account of how a physical thing could be identical to a phenomenal one. We fully understand the identity between water and H2O but the identity between pain and the firing of C-fibers is inconceivable. Mark Johnston [Journal of philosophy (1997), 564–583] suggests that if water is constituted by H2O, not identical to it, then the explanatory gap becomes a pseudo-problem. This is because all (...) “manifest kinds”—those identified in experience—are on a par in not being identical to their physical bases, so that the special problem of the inconceivability of ‘pain = the firing of C-fibers’ vanishes. Moreover, the substitute relation, constitution, raises no explanatory difficulties: pain can be constituted by its physical base, as can water. The thesis of this paper is that the EG does not disappear when we substitute constitution for identity. I examine four arguments for the EG, and show that none of them is undermined by the move from constitution to identity. (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)
Plato and Kant advance a constitutional model of the soul, in which reason and appetite or passion have different structural and functional roles in the generation of motivation, as opposed to the familiar Combat Model in which they are portrayed as independent sources of motivation struggling for control. In terms of the constitutional model we may explain what makes an action different from an event. What makes an action attributable to a person, and therefore what makes it an action, is (...) that it issues from the person''s constitution, and therefore from the person as a whole, rather than from some force working on or in the person. This in turn implies an account of what makes an action good: what makes an action good is that it is deliberated upon and chosen in a way that unifies the person into a constitutional system. Through deliberative action we constitute ourselves as unified agents. Platonic justice and Kant''s categorical imperative are shown to be normative standards for action because they are principles of self-constitution. (shrink)
Constitutional interpretation is problematic because it can be difficult to distinguish legitimate interpretation from illegitimate change. The distinction depends largely on what a constitution is. A constitution, like any other law, necessarily has a meaning, which pre-exists judicial interpretation: it is not a set of meaningless marks on paper. Any plausible constitutional theory must offer an account of the nature of that meaning. In doing so, it must address two main questions. The first is whether the meaning of the constitution (...) is given solely by its words, or also by additional evidence of underlying intentions, purposes or values. The second question is whether, in either case, its meaning is determined by the original meanings, intentions, purposes or values of the founding generation, or by contemporary meanings, intentions, purposes or values. This question divides so-called 'originalists' from 'non-originalists'. This article discusses all these alternatives, and the main arguments for and against them. It is subtitled 'Originalism' because it defends a moderate version of that position; however, it is argued that this is equivalent to a moderate version of non-originalism. (shrink)
Alston, Searle, and Williamson advocate the restrictive model of assertion , according to which certain constitutive assertoric norms restrict which propositions one may assert. Sellars and Brandom advocate the dialectical model of assertion , which treats assertion as constituted by its role in the game of giving and asking for reasons. Sellars and Brandom develop a restrictive version of the dialectical model. I explore a non-restrictive version of the dialectical model. On such a view, constitutive assertoric norms constrain how one (...) must react if an interlocutor challenges one's assertion, but they do not constrain what one should assert in the first place. I argue that the non-restrictive dialectical perspective can accommodate various linguistic phenomena commonly taken to support the restrictive model. 1. (shrink)
The possibility of group minds or group mental states has been considered by a number of authors addressing issues in social epistemology and related areas (Goldman 2004, Pettit 2003, Gilbert 2004, Hutchins 1995). An appeal to group minds might, in the end, do indispensable explanatory work in the social or cognitive sciences. I am skeptical, though, and this essay lays out some of the reasons for my skepticism. The concerns raised herein constitute challenges to the advocates of group minds (or (...) group mental states), challenges that might be overcome as theoretical and empirical work proceeds. Nevertheless, these hurdles are, I think, genuine and substantive, so much so that my tentative conclusion will not be optimistic. If a group mind is supposed to be a single mental system having two or more minds as proper parts,1 the prospects for group minds seem dim. (shrink)
In this chapter I look closely at the intentionality of consciousness from a naturalistic perspective. I begin with a consideration of Gurwitsch's suggestive ideas about the role of acts of consciousness in constituting both the objects and the subjects of consciousness. I turn next to a discussion of how these ideas relate to my own empirical approach to intentional relations seen from a developmental perspective. This is followed by a discussion of some recent ideas in philosophical cognitive science on the (...) intentionality of consciousness, both with respect to the objects and the subjects of consciousness. I show that these recent trends tend to naturalize intentionality and consciousness in directions compatible with the descriptive aspects of Gurwitsch's constitutive phenomenology. (shrink)
Lynne Rudder Baker and many others think that paradigmatic instances of one object constituting another — a piece of marble constituting a statue, or an aggregate of particles constituting a living body — involve two distinct (i.e., not numerically identical) objects in the same place at the same time.1 Some who say this believe in the doctrine of temporal parts2; but others, like Baker, reject this doctrine.3 Such philosophers, whom one might call “coincidentalists”, cannot say that these objects manage to (...) share space in virtue of sharing a temporal part confined to just that place and time. But what can or should coincidentalists say about the nature of constitution? (shrink)
Fodor claims that cognitive modules can be thought of as constituting a psychological natural kind in virtue of their possession of most or all of nine specified properties. The challenge to this considered here comes from synaesthesia. Synaesthesia is a type of cross-modal association: input to one sensory modality reliably generates an additional sensory output that is usually generated by the input to a distinct sensory modality. The most common form of synaesthesia manifests Fodor's nine specified properties of modularity, and (...) hence, according to Segal (1997), it should be understood as involving an extra module. Many psychologists believe that synaesthesia involves a breakdown in modularity. After outlining how both theories can explain the manifestation of the nine alleged properties of modularity in synaesthesia, I discuss the two concepts of function which initially motivate the respective theories. I argue that only a teleological concept of function is properly able to adjudicate between the two theories. The upshot is a further application of so-called externalist considerations to mental phenomena. (shrink)
This article closely examines the way in which Thomas Aquinas understood the relationship between the various forms of human community. The article focuses on Aquinas's theory of law and politics and, in particular, on his use of political categories, such as city, province and empire, together with the associated concepts of kingdom and nation, as well as various social groupings, such as household, clan and village, alongside of the distinctly ecclesiastical categories of parish, diocese and universal church. The analysis of (...) these categories is used in the article to help explain Aquinas's role in the development of theories about subsidiarity, federalism and mixed constitutionalism. In the first place, it is argued that a close inquiry into Aquinas's discussion of the many and various forms of human community sheds light on the origins and development of the idea of subsidiarity within Catholic social teaching. Second, while Aquinas certainly did not advance a theory of federalism as that idea is presently understood, it is argued that recovering what Aquinas had to say about the categories of human community helps us to understand the origin and later development of federal ideas. Finally, it is argued that far from endorsing a system of absolute monarchy as is sometimes alleged, when understood in this way, Aquinas supported a particular kind of mixed constitution in which monarchy is tempered by a variety of constitutional constraints founded upon a conception of the body politic as itself constructed out of a plurality of smaller, intermediate corporations and communities of a political, ecclesiastical and social character. Keywords: Thomas Aquinas, political theory, subsidiarity, federalism, mixed constitution, absolute monarchy, civitas, provincia, imperium, regnum, gens, natural law . (shrink)
A question of focus -- A unitary impulse : Husserl's confrontation with Dilthey -- The development of constitutive phenomenology -- The system of phenomenological philosophy -- Appendix 1: Husserl's publishing history -- Appendix 2: The Husserl Misch correspondence -- Appendix 3: Draft arrangements for Edmund Husserl's time investigations -- Appendix 4: Systems of phenomenological philosophy.
If persons, cats and cellphones are not identical to the sums that constitute them, there seems to be a problem with symmetric causal overdetermination: anything the cat causes is also caused by her constitutive sums of microparticles, atoms, molecules, etc. But persons, cats and cellphones are not identical to the sums that constitute them. I argue that the problem of constitutive overdetermination is serious, in particular because of the problem of additivity: if there is constitutive overdetermination, there is a transfer (...) of energy, momentum, or some other conserved quantity from each overdetermining cause to the effect, but each quantity alone is sufficient to bring about the effect. If these conserved quantities are additive, constitutive overdetermination violates the laws. I then argue that constitutive overdetermination is an artifact of a flawed interpretation of the layered model of the world and propose a new interpretation. The argument is developed in the context of a discussion of the relations between objects, but there are obvious connections to debates in philosophy of mind, especially debates concerning mental causation. (shrink)
relation between, say, a lump of clay and a statue that it makes up, or between a red and white piece of metal and a stop sign, or between a person and her body? Assuming that there is a single relation between members of each of these pairs, is the relation “strict” identity, “contingent” identity or something else?1 Although this question has generated substantial controversy recently,2 I believe that there is philo- sophical gain to be had from thinking through the (...) issues from scratch. Many of the charges and countercharges are based on the following dichotomy: For any x and y that are related as the lump of clay is to the statue that it makes up, either x is identical to y, or x and y are separate entities, independent of each other. By giving up this dichotomy, we will be able to begin to make sense, I hope, of an intermediate unity relation that holds promise for solving a raft of philosophical problems, including the problem of how persons are related to their bodies.3 And if I am correct, then this relation—constitution without identity—is ubiquitous and interesting in its own right, apart from the light that it sheds on human persons. (shrink)
Humeans and non-Humeans reasonably agree that there may be necessary connections between entities that are identical or merely partly distinct—between, e.g., sets and their individual members, fusions and their individual parts, instances of determinates and determinables, members of certain natural kinds and certain of their intrinsic properties, and (especially among physicalists) certain physical and mental states. Humeans maintain, however, that as per “Hume’s Dictum”, there are no necessary connections between entities that are wholly distinct;1 and in particular, no necessary causal (...) connections between such entities (even when the background conditions requisite for causation are in place). The Humean’s differential treatment appears principled, in reflecting that commonly accepted necessary connections involve constitutional relations, whereas wholly distinct entities (notably, causes and effects) do not constitute each other. I’ll argue, however, that the appearance of principle is not genuine, as per the following conditional: Constitutional→Causal: If one accepts certain constitutional necessities, one should accept certain causal necessities. This result provides needed leverage in assessing the two main frameworks in the metaphysics of science, treating natural kinds, causes, laws of nature, and the like. These frameworks differ primarily on whether Hume’s Dictum is taken as a working constraint on theorizing; and it has proved difficult for either side to criticize the other without presupposing their preferred stance on the dictum, hence talking past one another. The arguments for Constitutional→Causal are based, however, in general and independent considerations about what facts in the world might plausibly warrant our beliefs in certain constitutional necessities involving broadly scientific entities. The Humean can respond to these arguments, which reveal a deep tension in their view, at attendant costs of implausibilty and adhocery. The non-Humean framework doesn’t face any such tension between constitutional and causal necessities, however, and so in this respect comes out ahead. (shrink)
Friendship, as a unique form of social relationship, establishes a particular union among individual human beings which allows them to overcome diverse boundaries between individual subjects. Age, gender or cultural differences do not necessarily constitute an obstacle for establishing friendship and as a social phenomenon, it might even include the potential to exist independently of space and time. This analysis in the interface of social science and phenomenology focuses on the principles of construction and constitution of this specific form of (...) human encounter. In a “parallel action,” the perspective of social science focuses on concrete socio-historical constructions of friendship in different time periods. These findings are confronted with the description of principles of the subjective constitution of the phenomenon of “friendship” from a phenomenological perspective. The point of reference for the study is the real type of the symbolically established and excessively idealized form of friendship intended for eternity which was especially popular in eighteenth century Germany. Analogous to the method of phenomenological reduction, three different levels of protosociological reduction are developed for the exploration of the unique social phenomenon of friendship. (shrink)
Jaegwon Kim has argued that unless mental events are reducible to subvening physical events, they are at best overdeterminers of their effects. Recently, nonreductive physicalists have endorsed this consequence claiming that the relationship between mental events and their physical bases is tight enough to render any such overdetermination nonredundant, and hence benign. I focus on instances of this strategy that appeal to the notion of constitution. Ultimately, I argue that there is no way to understand the relationship between irreducible mental (...) events and their physical bases such as to both eliminate causal redundancy and preserve the efficacy of mental events. (shrink)
A fruitful way to approach The Idea of Phenomenology is through Husserl’s claim that consciousness is not a bag, box, or any other kind of container. The bag conception, which dominated much of modern philosophy, is rooted in the idea that philosophy is restricted to investigating only what is really immanent to consciousness, such as acts and sensory contents. On this view, what Husserl called the riddle of transcendence can never be solved. The phenomenological reduction, as Husserl develops it in (...) The Idea of Phenomenology, opened up a new and broader sense of immanence that embraces the transcendent, making it possible both to solve the riddle and to escape the bag conception once and for all. The essay will discuss ways in which this new conception of immanence is tied to the key Husserlian themes of appearance, phenomenon, essence, seeing or intuiting, and constitution. (shrink)
Adams and Aizawa, in a series of recent and forthcoming papers ((2001), (In Press), (This Volume)) seek to refute, or perhaps merely to terminally embarrass, the friends of the extended mind. One such paper begins with the following illustration: "Question: Why did the pencil think that 2+2=4? Clark's Answer: Because it was coupled to the mathematician" Adams and Aizawa (this volume) ms p.1 "That" the authors continue "about sums up what is wrong with Clark's extended mind hypothesis". The example of (...) the pencil, they suggest, is just an especially egregious version of a fallacy said to pervade the literature on the extended mind. This fallacy, which they usefully dub the "coupling-constitution fallacy", is attributed , in varying degrees and manners, to Van Gelder and Port (1995), Clark and Chalmers (1998), Haugeland (1998), Dennett (2000), Clark (2001), Gibbs (2001), and Wilson (2004). The fallacy, of course, is to move from the causal coupling of some object or process to some cognitive agent, to the conclusion that the object or process is part of the cognitive agent , or part of the agent's cognitive processing (see e.g. Adams and Aizawa (This volume) ms p.2). Proponents of the extended mind and related theses, Adams and Aizawa repeatedly assert, are prone to this fallacy in part because they either ignore or fail to properly appreciate the importance of " the mark of the cognitive" viz the importance of an account of "what makes something a cognitive agent" (op cit ms p.3). The positive part of Adams and Aizawa's critique then emerges as a combination of the assertion that this "mark of the cognitive" involves the idea that "cognition is constituted by certain sorts of causal process that involve non-derived contents" (e.g. op cit ms p.3) and that these processes look to be characterized by psychological laws that turn out to apply to many internal goings-on but not currently (as a matter of contingent empirical fact) to any processes that take place in non-biological tools and artifacts. In what follows, I shall try to show why these arguments display nothing so much as mutual failures of communication: crossed wires concealing a couple of real, important, but much more subterranean, disagreements. In particular, I try to show why the negative considerations advanced by Adams and Aizawa fail to successfully undermine the argument for the extended mind, and why their more radical positive story, unless supplemented by implausible additional claims, fails to cast doubt on the claim that minds like ours can (without the need for any radically new techniques, technologies or interventions) extend into the world. (shrink)
I argue that the constitution relation transmits causal efficacy and thus is a suitable relation to deploy in many troubled areas of philosophy, such as the mind–body problem. We need not demand identity.
In this paper, I present an Aristotelian solution to the problem of material constitution. The problem of material constitution arises whenever it appears that an object a and an object b share all of the same parts and yet are essentially related to their parts in different ways. (A familiar example: A lump of bronze constitutes a statue of Athena. The lump and the statue share all of the same parts, but it appears that the lump can, whereas the statue (...) cannot, survive radical rearrangements of those parts.) I argue that if we are prepared to follow Aristotle in making a distinction between numerical sameness and identity, we can solve the problem of material constitution without recourse to co-location or contingent identity and without repudiating any of the familiar objects of common sense (such as lumps and statues) or denying that these objects have the essential properties we ordinarily think that they have. (shrink)
Recently, some of the leading proponents of the view that there is widespread incommensurability among goods have suggested that the incommensurability of some goods is a constitutive feature of the goods themselves. So, for example, a friendship and a million dollars are incommensurable because it is part of what it is to be a friendship that it be incommensurable with money. According to these ‘constitutive incommensurabilists’ incommensurability follows from the very nature of certain goods. In this paper, I examine this (...) idea and argue that constitutive incommensurabilists have mistaken for constitutive incommensurability a particular emphatic kind of comparability. This examination involves an account of ‘higher’ and ‘lower’ goods and an explanation of how goods of different ‘types’ figure in practical conflict. (shrink)
Contemporary political discourse is marked with the language of democracy, and Western countries in particular seek to promote democracy at home and abroad. However, there is a sublimated conflict in general political discourse between a desire to rely on alleged political experts and a desire to assert the supposed common sense of all men. Can the struggle between the democratic and aristocratic values embodied in this conflict be reconciled? The question is perennial, and raises issues that are central to constitutional (...) design. Aristotle, developing in significant ways insights made by his teacher Plato, grapples with it in his Politics. Aristotle's views on these matters are relevant—by way of the American Founders'—to contemporary American politics and modern democracies generally. During the eighteenth century, the Founders, some of whom explicitly reached back to Aristotle's work, also struggled—especially in The Federalist Papers—with these thorny issues of constitutional design. They created the U.S. Constitution in part to address these very same problems and issues. We are living in some ways, then, in the shadow of Aristotle's political theorizing, albeit as transposed by the American Founders. Both Aristotle and some of the American Founders theoretically favor aristocracy over democracy, but concede that in practice a blend of the two has to be integrated into the fundamental structure of political society. We need to reconnect with these important political discussions in order to come to terms with aristocratic and democratic values in our current circumstances. Footnotesa I am grateful to Fred Miller and David Keyt for many helpful suggestions and thoughtful questions throughout the editing process. I would also like to thank Irfan Khawaja for valuable feedback on an earlier version of this essay. (shrink)
In this paper I argue that moral realism does not, pace Charles Taylor, need “moral sources” or “constitutive goods”, and adding these concepts distorts the basic insights of what can be called “cultural” moral realism.1 Yet the ideas of “moral topography” or “moral space” as well as the idea of “ontological background pictures” are valid, if separated from those notions. What does Taylor mean by these notions?
Are materially constituted entities, such as statues and glasses of liquid, something more than their material constituents? The puzzle that frames this paper stems from conflicting answers to this question. At the core of the paper is a distinctive way of thinking about material constitution that posits two concepts of constitution, compositional and ampliative constitution, with the bulk of the discussion devoted to developing distinct analyses for these concepts. Distinguishing these concepts solves our initial puzzle and enriches the space of (...) possibilities for constitution views. (shrink)
This paper reviews four leading strategies for addressing the problem of material constitution, along with some of the prominent objections faced by each approach. Sections include (1) "The Orthodox View: Coincident Objects," (2) "Dominant Kinds," (3) "Nihilism," (4) "Revising the Logic of Identity," and (5) "Future Research." Also included is an annotated bibliography.
In this paper, I want to look at some questions that arise when we try to abandon the conceptual and political framework of the nation-state. Is it impossible to conceive the unity of the state apart from the unity of the nation? Are shared political values insufficient to account for the existence of bounded states and special duties to one's own country? In the first section I will discuss the view that the idea of the modern state is incoherent and (...) that it tacitly relies on the social idea of membership provided by the nation. The following section will give an alternative to the nationalist account of the exist ence of bounded communities and suggest why Habermasians and Rawlsians are right in thinking that the shared value of justice can be sufficient for political unity. Finally, I give a brief indication of the rel evance of this discussion to the idea of European Union. Key Words: boundaries. • collective intentionality • constitutional patriotism • European Union • liberal unity • post-national identity. (shrink)
Many philosophers maintain that artworks, such as statues, are constituted by other material objects, such as lumps of marble. I give an argument against this view, an argument which appeals to mereological simples.
There is ample justification for having analogical material in standardized tests for graduate school admission, perhaps especially for law school. We think that formal-analogy questions should compare different scenarios whose structure is the same in terms of the number of objects and the formal properties of their relations. The paper deals with this narrower question of how legitimately to have formal analogy test items, and the broader question of what constitutes a formal analogy in general.
Can facts about subpersonal states and events be constitutively relevant to personal-level phenomena? And can knowledge of these facts inform explanations of personal-level phenomena? Some philosophers, like Jennifer Hornsby and John McDowell, argue for two negative answers whereby questions about persons and their behavior cannot be answered by using information from subpersonal psychology. Knowledge of subpersonal states and events cannot inform personal-level explanation such that they cast light on what constitutes persons? behaviors. In this paper I argue against this position. (...) After having distinguished between enabling and constitutive relevance, I defend the claim that at least some facts about subpersonal states and events are constitutively relevant to some personal-level phenomenon, and therefore can, and sometimes should, inform personal-level explanations. I draw some of the possible consequences of my claim for our understanding of personal-level behavior by focusing on the phenomenon of addiction. (shrink)
I defend the view that ordinary objects like statues are identical to the pieces of matter from which they are made. I argue that ordinary speakers assert sentences such as ‘this statue is a molded piece of clay’. This suggests that speakers believe propositions which entail that ordinary objects such as statues are the pieces matter from which they are made, and therefore pluralism contradicts ordinary beliefs. The dominant response to this argument purports to find an ambiguity in the word (...) ‘is’, such that ‘is’ in these sentences means the same as ‘constitutes or is constituted by’. I will use standard tests for ambiguity to argue that this strategy fails. I then explore and reject other responses to the argument. (shrink)
In this paper, I propose a new way of understanding the space of possibilities in the field of mental content. The resulting map assigns separate locations to theories of content that have generally been lumped together on the more traditional map. Conversely, it clusters together some theories of content that have typically been regarded as occupying opposite poles. I make my points concrete by developing a taxonomy of theories of mental content, but the main points of the paper concern not (...) merely how to classify, but how to understand, the theories. Also, though the paper takes theories of mental content as a case study, much of the discussion is applicable to theories of other phenomena. To a first approximation, the difference between the traditional and the proposed taxonomies turns on whether we classify theories of content by, on the one hand, their implications for a non-redundant supervenience base for content facts (i.e., for facts about what contents thoughts have) or, on the other, by their constitutive accounts of content. By a "constitutive account," I mean the kind of elucidation of the nature of a phenomenon that theorists have tried to give for, for example, knowledge, justice, personal identity, consciousness, convention, heat, and limit. The tendency to taxonomize by supervenience base is encouraged, I suggest, by a failure to keep clearly in view a distinction between constitutive and modal determination. Many philosophers would accept that a constitutive account cannot be captured in purely modal terms. Giving a constitutive account is not the same as specifying modally necessary and sufficient conditions. Nevertheless, philosophers often try to cash constitutive claims in modal terms. A case in point is that theories of content tend to be conceptualized in terms of the theories' implications for a supervenience base for content facts. My thesis goes beyond the by-now somewhat familiar proposition that not all modal determinants of a phenomenon are constitutive determinants. One who has taken that point on board might nevertheless conceive of a philosophical account as an attempt to specify constitutive determinants of the target phenomenon that make up a non-redundant supervenience base for the phenomenon. Shoehorning a philosophical account into this form leaves out elements that are modally redundant, but may be explanatorily or ontologically significant. For example, when a constitutive account has multiple levels, the different levels will typically be modally redundant. Formulating the account as a specification of a supervenience base of constitutive determinants will therefore flatten the account into a single level. Many of my arguments can be illustrated by considering the place of normativity in the theory of content. The new taxonomy gives a distinct niche to normative theories of content - theories that explain a thought's having a certain content at least in part in terms of the obtaining of normative facts. By contrast, on a traditional map, normative theories are invisible as such because normative facts supervene on non-normative ones. (shrink)
In this article, I present two conceptual problems for Craver's mutual manipulability account of constitutive relevance in mechanisms. First, constitutive relevance threatens to imply causal relevance despite Craver (and Bechtel)'s claim that they are strictly distinct. Second, if (as is intuitively appealing) parthood is defined in terms of spatio-temporal inclusion, then the mutual manipulability account is prone to counterexamples, as I show by a case of endosymbiosis. I also present a methodological problem (a case of experimental underdetermination) and formulate two (...) partial, but fallible solutions based on the notions of parthood and synchronicity. (shrink)
Scholars in science and technology studies (STS) have recently been called upon to advise governments on the design of procedures for public engagement. Any such instrumental function should be carried out consistently with STS’s interpretive and normative obligations as a social science discipline. This article illustrates how such threefold integration can be achieved by reviewing current US participatory politics against a 70-year backdrop of tacit constitutional developments in governing science and technology. Two broad cycles of constitutional adjustment are discerned: the (...) first enlarging the scope of state action as well as public participation, with liberalized rules of access and sympathetic judicial review; the second cutting back on the role of the state, fostering the rise of an academic-industrial complex for technology transfer, and privatizing value debates through increasing delegation to professional ethicists. New rules for public engagement in the United Sates should take account of these historical developments and seek to counteract some of the anti-democratic tendencies observable in recent decades. (shrink)
The existence of unwritten constitutions, such as that of the UK, strikes some as puzzling. However the existence of unwritten constitutions turns out to be easier to explain than the existence of written constitutions, such as that of the US. In this paper I explore, and attempt to answer, some tricky conceptual questions thrown up by written constitutions.
A bronze statue is a lump of bronze – or so it might appear. But appearances are not always to be trusted, and this one is notoriously problematic. To see why, imagine a bronze statue (perhaps a statue of David) and ask yourself: Which lump of bronze is the statue? Presumably, it is the lump that makes up the statue (or, as we say, the lump that constitutes the statue). After all, why should the statue be any other lump of (...) bronze? But if that is right, if the statue is the lump of bronze that constitutes it, then why can the lump of bronze survive being melted down whereas the statue it constitutes cannot? It seems that in fact the bronze statue is not the lump of bronze that constitutes it, since the statue and the lump of bronze have different persistence conditions. But then is it some other lump of bronze? Is it a lump of bronze at all? These questions are troubling; they appear to have no easy answers. (shrink)
In this article, I argue that political philosophers like Rawls and Habermas that characterize their methods as non-metaphysical or postmetaphysical depend on constitutions in order to provide a positive and public reference point for democratic participants. Michelman shows how this dependency is problematic, by contending that disagreement about the meaning of constitutional rights and the indeterminacy of their application undermines the rationality of consensus. I argue that his concerns raise serious problems for Rawls’ theory. Habermas, on the other hand, has (...) some tools to deal with Michelman’s critique — namely, his distinction between discourses of justification and application, and his idea of constitutional patriotism — but he must concede that much of the substance of constitutional democracy is basically up for grabs. I conclude by suggesting why these consequences are less threatening than they may seem. (shrink)
In this paper, I will argue with Ernst Cassirer that anticipation plays an essential part in the constitution of time, as seen from a transcendental perspective. Time is, as any transcendental concept, regarded as basically relational and subjective and only in a derivative way objective and indifferent to us. This entails that memory is prior to history, and that anticipation is prior to prediction. In this paper, I will give some examples in order to argue for this point. Furthermore, I (...) will also argue, again with Cassirer and contra Henri Bergson, that time should be seen as a functional unity, and not as a collection of three different things-in-themselves (past, present and future). (shrink)
In this article I show how the concept of intertextuality as developed by Mikhail Bakhtin, Julia Kristeva and Jacques Derrida can be applied to the political theory of constitutionalism. Such an approach carries with it the valuable democratic idea that all texts in society, including the political constitution, are in a dynamic relationship and reflect social pluralism. By analyzing and comparing intertextual theories, I develop the idea of the constitution as an open and emancipatory interpretative and textual category. I show (...) how intertextual theorizing contributes significantly to the democratization of a modern liberal constitutional order, offering distinct strategies for progressive political and social transformation. (shrink)
Adams and Aizawa, in a series of recent and forthcoming papers ((2001), (In Press), (This Volume)) seek to refute, or perhaps merely to terminally embarrass, the friends of the extended mind. One such paper begins with the following illustration: "Question: Why did the pencil think that 2+2=4? Clark's Answer: Because it was coupled to the mathematician" Adams and Aizawa (this volume) ms p.1 "That" the authors continue "about sums up what is wrong with Clark's extended mind hypothesis". The example of (...) the pencil, they suggest, is just an especially egregious version of a fallacy said to pervade the literature on the extended mind. This fallacy, which they usefully dub the "coupling-constitution fallacy", is attributed , in varying degrees and manners, to Van Gelder and Port (1995), Clark and Chalmers (1998), Haugeland (1998), Dennett (2000), Clark (2001), Gibbs (2001), and Wilson (2004). The fallacy, of course, is to move from the causal coupling of some object or process to some cognitive agent, to the conclusion that the object or process is part of the cognitive agent , or part of the agent's cognitive processing (see e.g. Adams and Aizawa (This volume) ms p.2). Proponents of the extended mind and related theses, Adams and Aizawa repeatedly assert, are prone to this fallacy in part because they either ignore or fail to properly appreciate the importance of " the mark of the cognitive" viz the importance of an account of "what makes something a cognitive agent" (op cit ms p.3). The positive part of Adams and Aizawa's critique then emerges as a combination of the assertion that this "mark of the cognitive" involves the idea that "cognition is constituted by certain sorts of causal process that involve non-derived contents" (e.g. op cit ms p.3) and that these processes look to be characterized by psychological laws that turn out to apply to many internal goings-on but not currently (as a matter of contingent empirical fact) to any processes that take place in non-biological tools and artifacts. In what follows, I shall try to show why these arguments display nothing so much as mutual failures of communication: crossed wires concealing a couple of real, important, but much more subterranean, disagreements. In particular, I try to show why the negative considerations advanced by Adams and Aizawa fail to successfully undermine the argument for the extended mind, and why their more radical positive story, unless supplemented by implausible additional claims, fails to cast doubt on the claim that minds like ours can (without the need for any radically new techniques, technologies or interventions) extend into the world. (shrink)
Neo-Republicans claim that Hobbes’s constitutional indifferentism (the view that we have no profound reason to prefer one constitutional form over another) is driven exclusively by a reductive understanding of liberty as non-interference. This paper argues that constitutional indifferentism is grounded in an analysis of the institutional presuppositions of well-functioning government that does not depend on a conception of liberty as mere non-interference. Hence, indifferentism cannot be refuted simply by pointing out that non-domination is a distinctive ideal of freedom. This result (...) does not suffice to defend the strong version of indifferentism put forward by Hobbes. But it does point to an important limitation of neo-republican constitutional theory: Neo-republicanism will amount to a distinctive paradigm of constitutional thought only if it is understood in a way that conflicts with Hobbes’s understanding of the institutional presuppositions of well-functioning government. It is doubtful that we have good reason to embrace neo-republicanism, so understood. (shrink)
The article examines Hans Kelsen's and Carl Schmitt's lines of thought concerning the relationship between constitutional and international law, with the aim of ascertaining their respective ability to capture developments affecting that relationship, even those of a contradictory nature. It is significant that, while the rise of wars of humanitarian intervention in the post-Cold War era has evoked Schmitt's concept of the bellum iustum, the evolution in the direction of the “constitutionalisation of international law” has drawn attention to Kelsen's theoretical (...) approach. However, these assumptions rely heavily on the opposing objectives that the two authors claimed to pursue, such as, respectively, the search for the ultimate seat of political power and a pure theory of law. Things are more complicated, both because these objectives by no means exhaust Kelsen's and Schmitt's lines of thought, and because the conception of sovereignty as omnipotence, at the core of the Weimar controversy, is now behind us. (shrink)
