In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedThe Ambitions of Curiosity: Understanding the World in Ancient Greece and China. By G.E.R. Lloyd. Cambridge: Cambridge University Press, 2002. Pp. xvi + 175. Price not given.The Art of the Han Essay: Wang Fu's Ch'ien-Fu Lun. By Anne Behnke Kinney. Tempe: Center for Asian Studies, Arizona State University, 1990. Pp. xi + 154. Paper $10.00.The Autobiography of Jamgön Kongtrul: A Gem of Many Colors. By Jamgön Kongtrul Lodrön (...) Thayé and translated by Richard Barron (Chökyi Nyima). Ithaca, New York: Snow Lion Publications, 2003. Pp. xxii + 549. Price not given.Awesome Nightfall: The Life, Times, and Poetry of Saigyō. By William R. LaFleur. Boston: Wisdom Publications, 2003. Pp. xiii + 173. Paper $14.95.Becoming the Compassion Buddha: Tantric Mahamudra for Everyday Life. By Lama Thubten Yeshe, edited by Robina Courtin, and foreword by Geshe Lhundub Sopa. Boston: Wisdom Publications, 2003. Pp. xi + 194. Paper $14.95.Between Two Worlds East and West: An Autobiography. By J. N. Mohanty. New Delhi: Oxford University Press, 2002. Pp. ix + 134. Hardcover RS 525.00.The Chinese Face of Jesus Christ. Edited by Roman Malek, S.V.D. Sankt Augustin, Germany: Institut Monumenta Serica and China-Zentrum; and Nettetal, Germany: Steyler Verlag, 2002. Pp. 391. EUR 40.00.Chinese Medicine in Contemporary China: Plurality and Synthesis. By Volker Scheid. Durham and London: Duke University Press, 2002. Pp. xiv + 407. Hardcover $69.95. Paper $23.95.Confucian Feminist: Memoirs of Zeng Baosun (1893-1978). Translated and adapted by Thomas L. Kennedy. Philadelphia: American Philosophical Society, 2002. Pp. xxi + 170. Price not given.Consciousness Studies: Cross-Cultural Perspectives. By K. Ramakrishna Rao. Jefferson (North Carolina) and London: McFarland and Company, 2002. Pp. 367. Hardcover $65.00.Constituting Communities: Theravāda Buddhism and the Religious Cultures of South and Southeast Asia. Edited by John Clifford Holt, Jacob N. Kinnard, and Jonathan S. Walters. Albany: State University of New York Press, 2003. Pp. viii + 224. Hardcover $65.50. Paper $21.95.Developments in Indian Philosophy from Eighteenth Century Onwards: Classical and Western. By Daya Krishna. Volume X Part 1 of History of Science, Philosophy and Culture in Indian Civilization, edited by D. P. Chattopadhyaya. New [End Page 110] Delhi: Centre for Studies in Civilizations, 2001. Pp. xxiii + 417. Hardcover RS 1200.East and West: Identità e dialogo interculturale. By Giangiorgio Pasqualotto. Venezia: Marsilo Editori, 2003. Pp. 210. EUR 16.00.Effortless Action: Wu-wei as Conceptual Metaphor and Spiritual Ideal in Early China. By Edward Slingerland. New York: Oxford University Press, 2003. Pp. xii + 352. Price not given.Encountering Kā lī: In the Margins, at the Center, in the West. Edited by Rachel Fell McDermott and Jeffrey J. Kripal. Berkeley and Los Angeles: University of California Press, 2003. Pp. xviii + 321. Hardcover $55.00, £37.95. Paper $21.95, £15.95.Encyclopedia of Chinese Philosophy. Edited by Antonio S. Cua. New York and London: Routledge, 2003. Pp. xx + 1020. Hardcover $150.00.Essays on Indian Philosophy. By J. N. Mohanty and edited by Purushottama Bilimoria. New Delhi: Oxford University Press, 2002. Pp. xxxvii + 347. Paper RS 525.00.Faith, Humor, and Paradox. By Ignacio L. Götz. Westport, Connecticut: Praeger Publishers, 2002. Pp. 136. Hardcover $61.95.Four Illusions: Candrakīrti's Advice for Travelers on the Bodhisattva Path. Translated by Karen C. Lang. New York: Oxford University Press, 2003. Pp. xv + 240. Price not given.The Great Awakening: A Buddhist Social Theory. By David R. Loy. Boston: Wisdom Publications, 2003. Pp. 223. Paper $16.95.The Hidden History of The Tibetan Book of the Dead. By Bryan J. Cuevas. New York: Oxford University Press, 2003. Pp. xi + 328. Price not given.Huang Di nei jing su wen: Nature, Knowledge, Imagery in an Ancient Chinese Medical Text. By Paul U. Unschuld. Berkeley and Los Angeles: University of California Press, 2003. Pp. xii + 520. Hardcover $75.00, £52.00.In Dewey's Wake: Unfinished Work of Pragmatic Reconstruction. Edited by William J. Gavin. Albany: State University of New York Press, 2003. Pp. vi + 249. Hardcover $71.50. Paper $23.95.Knowledge and Freedom in Indian Philosophy. By Tara Chatterjea. Lanham, Maryland: Lexington Books, 2002. Pp. xvi + 159. Hardcover... (shrink)

The philosophy of mathematical practice sometimes investigates the social constitution of mathematics but does not always make explicit the philosophical-normative framework that guides the discussion. This chapter investigates some recent proposals in the philosophy of mathematical practice that compare social facts and mathematical objects, discussing similarities and differences. An attempt will be made to identify, through a comparison with three different perspectives in social ontology, the kind of objectivity attributed to mathematical knowledge, the type of representational (...) or non-representational semantics adopted, and the justificatory or coordinative role entrusted to axiomatics. After a brief introduction to key issues in social ontology, Sect. 3 of the chapter offers a survey of contributions by Feferman, Ferreirós, and Cole, highlighting a difference between approaches based on rules, practices, and intentional states, respectively. Section 4.1 also discusses results by Carter, Collin, Giardino, and Pantsar, focusing on differences between the objectivity of knowledge and objectivity of objects and showing that many authors combine a realist, structuralist, and pragmatist perspective, as well as the idea that objectivity comes in degrees. Section 4.2 focuses on the kind of semantics that is adopted in socially oriented approaches. A representational semantics is preferred by authors grounding their views on mental states, whereas a non-representational semantics best fits with views based on practices. Section 5 considers how axiomatics can be understood in a social perspective. Axiomatics generally plays a justificatory role also in theories that aim to explain the social constitution of mathematical knowledge. Yet, if one shifts from approaches based on mental states to approaches anchored on rules or habits, axiomatics can be viewed as an institution based on obligations, functions, coordination problems, and agent’s actions and roles, thus playing an organizational and coordination role. (shrink)

The critical concept of commodity fetishism and its developed forms of money and capital fetishism ground the contemporary shape of social life under the rule of capital. This chapter offers a novel interpretation based on Marx’s Capital, elucidating the oft-overlooked interconnection of the fetishism triptych that accounts for domination, as well as the normalisation of exploitation as experienced in capitalist life. In commodity fetishism, a market-based pseudo-social ‘thing-hood’ preponderates over commodity owners and producers, concealing the double inversion that (...) constitutes the ‘world of commodities’. Money’s fetish form makes it appear as the ‘sovereign’ of the commodity world, possessing the exclusive social power to establish the value hierarchy of all persons and objects relativised in regard to it. The universal condition of monetisation of the life process in bourgeois society necessitates the adoption of the competition principle, leading to the generalised formation of a commodity self, shaped by competitive individualism. The social separation of the great mass of commodity producers from the means of production and the consequent need to sell themselves as commodities in the form of wage labour constitutes the social basis of capital fetishism, through which the process of capital ‘valorisation’ is enfolded within the process of use value production, disappearing into its socio-material character and thus naturalised. Capital fetishism dissimulates the production of surplus value by social labour and constructs the harmonised appearance of an equitable contribution of ‘factors of production’ in the sharing of the surplus product, thereby obscuring distributional struggles over it. Such antagonisms over surplus undergird the logic of neoliberal capitalism’s two-pronged strategy, pursuing ‘deregulation of labour relations’ on the one hand and dismantling the welfare state on the other. (shrink)

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)

What I call in this paper “the sociality of subjectivity thesis” lies at the very center of what is now called “Continental philosophy”. According to this thesis, the subject is necessarily socially constituted. In other words, it is not the case that there are first some isolated subjects, who then get into relation with each other; rather, the subjects from the beginning are formed through their interrelation. The first philosopher who systematically argued for this thesis is Johann Gottlieb Fichte. In (...) this paper, I reconstruct Fichte’s argument, as it appears in his 1796 Foundations of Natural Right. The central idea of this reconstruction is the following: for Fichte, the subject can regard herself as the genuine author of her actions, only when she presupposes that there are other subjects who can ascribe those actions to her. That is, the activity of self-ascription, which constitutes the subject, is only possible with the presupposition that there are other subjects. (shrink)

This paper addresses the question of how it is to be explained that an action or object X counts as Y. I argue that John Searle's notion of a constitutive rule should not be employed because it involves a confusion. Instead, I propose an explanatory framework containing the following three elements: 1) The X-action or object is involved in certain social practices. 2) These practices confer properties on the X-items, in addition to their physical properties. 3) In virtue of (...) these additional properties the X-items fall under the Y-concept. Moreover, I stress that the social practices mentioned under 1) look differently from case to case and involve various constellations of prescriptive rules and interpersonal patterns of intentions. To illustrate and corroborate these claims, I discuss several cases of socially constituted actions and objects, in particular, the case of money, where I reject Searle's claim that something counts as money in virtue of giving its owner the right to buy something. (shrink)

It is argued in this article that human actions may be said to be socially constituted : as being behavior that is constituted as human action by social relations and by participant agent and collective representations of behavior. In contrast to recent social constructionist accounts, it is argued that the social constitution of action does not pose any threat to the objectivity of classification or explanation in social psychological science. It does mark some significant ontological (...) differences between natural and social psychological phenomena that have implications for the university and generality, but not the adequacy, of explanations of socially constituted human actions. (shrink)

The notion of knowledge as socially constituted is explored within a broad philosophical and psychological context. It is suggested that this epistemic commitment represents a significant challenge to conventional understandings of psychological phenomena and is a salient perspective associated with the Weltanschauugen philosophy of science, the social constructionist movement in social psychology, the feminist critique, and recent contributions to the psychology of gender. Regarding the latter, the conceptual revisions of Chodorow, Gilligan, and Bem are outlined as exemplars of (...) a view of knowledge as socially constituted. (shrink)

Ludwik Fleck’s theory of thought-styles has been hailed as a pioneer of constructivist science studies and sociology of scientific knowledge. But this consensus ignores an important feature of Fleck’s epistemology. At the core of his account is the ideal of ‘objective truth, clarity, and accuracy’. I begin with Fleck’s account of modern natural science, locating the ideal of scientific objectivity within his general social epistemology. I then draw on Fleck’s view of scientific objectivity to improve upon reflexive accounts of (...) the origin and development of the theory of thought-styles, and reply to objections that Fleck’s epistemological stance is self-undermining or inconsistent. Explicating the role of scientific objectivity in Fleck’s epistemology reveals his view to be an internally consistent alternative to recent social accounts of scientific objectivity by Harding, Daston and Galison. I use these contrasts to indicate the strengths and weaknesses of Fleck’s innovative social epistemology, and propose modifications to address the latter. The result is a renewed version of Fleck’s social epistemology, which reconciles commitment to scientific objectivity with integrated sociology, history and philosophy of science. (shrink)

This work seeks to take seriously the common philosophical claim that individual subjects are constituted by their social world. A detailed understanding this claim requires an analysis of what is involved in being a subject, of the nature of 'the social', and of the possible constitutive relationships between these. I begin with a critical history of the idea that subjects are norm-followers, and that social groups constitute individuals by demanding their conformity to norms. I trace this 'conformity (...) theory' through the thought of Rousseau, Hegel, Mead, and Althusser, to its manifestation in contemporary continental and Anglo-American philosophy. I criticize this theory for being unable to sufficiently accommodate creativity and social resistance. I go on to develop an account of subjects as not only norm-followers but also sense-makers, who have identities in virtue of their engagement in narrative dramas. Such subjects are socially constituted in at least two ways: through their 'dialogical' interactions with particular others , and through their position in a public culture which determines what counts as a meaningful possibility for action. This understanding of subjectivity allows me to develop a new account of the nature of social groups--such as groups based on gender, class and nationality--which provides an alternative to the conformity theory. Social groups contribute to individual identities not only by imposing norms, but also by providing sense-making resources, in the form of literary and artistic traditions as well as the actual lives and dramas of members. My account allows us to understand creativity and social resistance as enabled by subjects' membership in social groups, and it reveals how the internal diversity of a group can strengthen rather than compromise its role in individual identities. I end with a discussion of the political implications of my work. (shrink)

Nous présentons une étude originale en cours visant la compréhension des relations entre variations sociolinguistiques et réseau social. Sa démarche empirique repose sur le recueil de données sociales et langagières massives et longitudinales au sein d’une école maternelle. Environ 200 individus (enfants et adultes) sont équipés une semaine par mois pendant 3 ans de capteurs qui enregistrent en continu à la fois leurs interactions verbales et leurs contacts sociaux. Dans cet article, à visée principalement méthodologique, nous exposons les dispositifs (...) mis en place pour le recueil et les procédures mises en œuvre pour la transcription et l’annotation de données orales massives. Enfin, nous présentons les potentialités offertes par ce type de recueil pour affiner, automatiser et systématiser l’analyse variationniste des relations entre réseau social et variations sociolinguistiques. (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)

Moral rationalism has long been an attractive position within moral philosophy. However, among empirical-minded philosophers, it is widely dismissed as scientifically untenable. In this essay, I argue that moral rationalism’s lack of uptake in the empirical domain is due to the widespread supposition that moral rationalists must hold that moral judgments and actions are produced by rational capacities. But this construal is mistaken: moral rationalism’s primary concern is not with the relationship between moral judgments and rational capacities per se, but (...) rather with developing a conception objectivity normativity that avoids Platonism. In light of this, I develop an alternative approach to translating moral rationalism into the empirical domain that builds on the common rationalist view that normative requirements are explained by the relationship between agents and the social structures and practices in which they are embedded. I propose that this social conception of normativity can be translated into a scientific framework by interpreting it as a claim about the importance of constraint-based explanation when accounting for norm-governed behavior. In order to develop this point more concretely and show that it is empirically tractable, I turn to research on macaque social organization that highlights the ways in which normative standards are generated by empirically observable social structures. The insights garnered from the macaque case allow me to then locate moral rationalism’s core claims about the relationship between morality and the standards of practical rationality within an empirically plausible framework. (shrink)

An experimental paradigm that purports to test young children’s understanding of social norms is examined. The paradigm models norms on Searle’s notion of a constitutive rule. The experiments and the reasons provided for their design are discussed. It is argued that the experiments do not provide direct evidence about the development of social norms and that the concepts of a social norm and constitutive rule are distinct. The experimental data are re-interpreted, and suggestions for how to deal (...) with the present criticism are presented that do not require abandoning the paradigm as such. Then the conception of normativity that underlies the experimental paradigm is rejected and an alternative view is put forward. It is argued that normativity emerges from interaction and engagement, and that learning to comply with social norms involves understanding the distinction between their content, enforcement, and acceptance. As opposed to rule-based accounts that picture the development of an understanding of social norms as one-directional and based in enforcement, the present view emphasizes that normativity is situated, reciprocal, and interactive. (shrink)

I develop an externalist perspective and analysis of the relatedness of loneliness and (harmful) alcohol use and the concept of loneliness. I depart from twenty qualitative interviews with people undergoing inpatient treatment for alcohol dependence. Both, loneliness and its relatedness to alocohol dependence turn out to be complex relational and interactional phenomena whose occurrence and dynamics depend on the social and situational conditions under which they arise. Despite huge variations in interviewees’ experiences of loneliness, they share a common phenomenological (...) and analytical structure. Loneliness arises when instances of social interaction fail to arrive at mutual understanding within a certain social context. Loneliness is neither reducible to individual experiences nor to distinctive characteristics of a person. Rather, it presents an evaluative and interactional phenomenon, a person’s awareness of his/her failure to establish mutual understanding with others in social interaction. The relatedness of alcohol dependence and loneliness is neither conceptual nor causal nor explainable by facts about the individuals concerned, but depends on the kind of loneliness involved and the function habitual ways of drinking alcohol have in a person’s everyday life and social environment. (shrink)

Originally published as one of the Four Dissertations and then included in the 1758 edition of the Essays, the 1757 paper “Of the Standard of Taste” qualifies as David Hume’s official contribution to criticism.1 A few exceptions aside, no real or thorough effort has been taken by its critics to place the essay in the overall context of Hume’s science of human nature.2 Hume has certainly his share of responsibility in this: “Most of these essays were wrote with a View (...) of being published as WEEKLY-PAPERS, and were intended to comprehend the Design both of the SPECTATORS & CRAFTSMEN. But having dropped that Undertaking, partly from LAZINESS, partly from WANT OF LEISURE, and being willing to make Trial of my .. (shrink)

This paper targets the constitutive basis of social cognition. It begins by describing the traditional and still dominant cognitivist view. Cognitivism assumes internalism about the realisers of social cognition; thus, the embodied and embedded elements of intersubjective engagement are ruled out from playing anything but a basic causal role in an account of social cognition. It then goes on to advance and clarify an alternative to the cognitivist view; namely, an enactive account of social cognition. It (...) does so first by articulating a diachronic constitutive account for how embodied engagement can play a constitutive role in social cognition. It then proceeds to consider an objection; the causal-constitutive fallacy (Adams & Aizawa 2001, 2008; Block 2005) against enactive social cognition. The paper proceeds to deflate this objection by establishing that the distinction between constitution and causation is not co-extensive with the distinction between internal constitutive elements and external causal elements. It is then shown that there is a different reason for thinking that an enactive account of social cognition is problematic. We call this objection the ‘poverty of the interactional stimulus argument’. This objection turns on the role and characteristics of anticipation in enactive social cognition. It argues that anticipatory processes are mediated by an internally realised model or tacit theory (Carruthers 2015; Seth 2015). The final part of this paper dissolves this objection by arguing that it is possible to cast anticipatory processes as orchestrated as well as maintained by sensorimotor couplings between individuals in face-to-face interaction. (shrink)

Practices – specific, recurrent types of human action and activity – are perhaps the most fundamental "building blocks" of social reality. This book argues that the detailed empirical study of practices is essential to effective social-scientific inquiry. It develops a philosophical infrastructure for understanding human practices, and argues that practice theory should be the analytical centrepiece of social theory and the philosophy of the social sciences. -/- What would social scientists’ research look like if they (...) took these insights seriously? To answer this question, the book offers an analytical framework to guide empirical research on practices in different times and places. The author explores how practices can be identified, characterised and explained, how they function in concrete contexts and how they might change over time and space. -/- The Constitution of Social Practices lies at the intersection of philosophy, social theory, cultural theory and the social sciences. It is essential reading for scholars in social theory and the philosophy of social science, as well as the broad range of researchers and students across the social sciences and humanities whose work stands to benefit from serious consideration of practices. (shrink)

I define a social norm as a regularity in behavior whose persistence is causally explained by the existence of sanctioning attitudes of participants toward violations—without these sanctions, individuals have motive to violate the norm. I show how a universal precept "When in circumstances S, do action F" can be sustained by the conditional preference of each to conform, given that others do, of a convention, and also reinforced by the sanctions of a norm. I observe that a precept with (...) moral force can be reinforced by a social norm. I then consider constitutive norms and show by means of an example, competitive figure skating, how a type of activity or practice G can have a constitutive norm NG. An ongoing activity in a community is engagement in that practice only if NG is reinforced as a social norm by participants. I apply this to the case of assertion: the speech act type Assertion has a constitutive norm NA, and a practice of making speech acts in a community is one of making assertions only if it is controlled by NA enforced by the sanctions of a social norm. (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.

This chapter is an essay in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's "rule of recognition" model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars argue about interpretive methods. Although a vast body of scholarship provides arguments for or against various interpretive methods -- such as textualism, originalism, "living constitutionalism," structure-and-relationship reasoning, representation reinforcement, minimalism, and so forth (...) -- very little scholarship shifts to the meta-level and asks: What are the considerations that jurists and scholars bring to bear in arguing that one or another interpretive method is legally favored? And can we "make sense" of this body of argument? Is there a model of legal discourse that both accurately describes how U.S. jurists and scholars actually argue about interpretive methods, and that vindicates this discourse (in the sense of seeing these actors as making valid arguments)? I find that Hart's rule-of-recognition model fails to describe or vindicate how U.S. jurists and scholars argue about interpretive methods. The problem, in a nutshell, is that Hart sees legal argument as asserting or presupposing the social fact of contemporary official acceptance of a rule of recognition. By contrast, jurists and scholars typically point to social facts other than contemporary official acceptance in arguing for the legal status of an interpretive method -- for example, the fact that the method is supported by Framers' intent, or by U.S. culture and tradition, or by precedent. Further, jurists and scholars very often argue that some interpretive method is legally favored even though the method is controversial. On Hart's model, such a claim is problematic -- because, on his model, the content of the rule of recognition is not controversial, but rather a matter of consensus among officials. The upshot may just be that Hart's model is a failure. However, another possibility is to adopt an "error theory" of U.S. constitutional discourse. It may perhaps be the case that U.S. jurists and scholars often make claims for the favorable legal status of some interpretive method that are inconsistent with the best understanding of the nature of law. (shrink)

Resumen Tradicionalmente los derechos sociales han sido considerados como derechos positivos que por su naturaleza no deberían formar parte de la constitución. La objeción más común en contra de los derechos sociales constitucionales sostiene que estos son derechos prestacionales y que la constitución está destinada a proteger solo los derechos de no interferencia. En este trabajo muestro que la tesis anterior es disputable y ofrezco argumentos que desde la tradición liberal permiten defender la constitucionalización de los derechos sociales. En términos (...) generales, los argumentos presentados giran en tornos a dos ideas matrices del pensamiento de Rawls vinculadas a su concepción de los ciudadanos como personas que deberían gozar de autonomía, así como a su concepción de sociedad. En términos particulares el trabajo presenta una lectura sistemática de los dos principios de la justicia y un análisis de las nociones de sociedad como sistema de mutua cooperación, así como de las ideas de autorrespeto y poderes morales. Abstract Social rights have been considered positive rights that do not require them to be part of the constitution. The most common objection against constitutional social rights holds that social rights are welfare rights and that, by nature, the Constitution should protect only rights of non-interference. In this paper, I show that the previous thesis is debatable, and I offer a liberal argument to defend the constitutionalisation of social rights. In general terms, the arguments presented rest on two main ideas of Rawls's thought linked to his conception of citizens as autonomous persons, as well as to his conception of society. In particular, the paper proposes a systematic understanding of the two principles of justice and an analysis of the notions of society as a system of mutual cooperation, as well as the ideas of self-respect and moral powers. (shrink)

The nature and role of the patient in biomedicine comprise issues central to bioethical inquiry. Given its developmental history grounded firmly in a backlash against 20th-century cases of egregious human subjects abuse, contemporary medical bioethics has come to rely on a fundamental assumption: the unit of care is the autonomous self-directing patient. In this article we examine first the structure of the feminist social critique of autonomy. Then we show that a parallel argument can be made against relational autonomy (...) as well, demonstrating how this second concept of autonomy fails to take sufficiently into account an array of biological determinants, particularly those from microbial biology. Finally, in light of this biological critique, we question whether or to what extent any relevant and meaningful view of autonomy can be recovered in the contemporary landscape of bioethics. (shrink)

A bold argument that constitutional states are not weaker because their powers are divided -- they are often stronger because they solve collective action problems rooted in speech and communication.

The theory of rights is crucial as a means of relieving the tension between basic rights and democracy, and as a means of resolving the problem of allocating competence between the constitutional court and the legislature. To some theorists, no tension between basic rights and democracy exists, for the latter presupposes the former. To others, among whom I include myself, tension does exist, for basic rights, in lending protection to certain persons and groups, limit the possibilities of political decision. In (...) this connection it is important to take up the problem of the necessary conditions for realizing basic rights. One of these conditions concerns the delimiting of the scope of institutional action that is found, so to speak, in the space between the constitutional justices and the legislature, the latter as representative of the popular will. (shrink)

The book theoretically examines the recent and topical debates over democracy and social rights, arguing that there are four fundamental rights that should be constitutionalized; minimum income; housing; healthcare; and education. The theoretical discussion is explored within an analysis of important legal cases.

Inspired by Heidegger’s concept of the clearing of being, and by Wittgenstein’s ideas on human practice, Theodore Schatzki offers a novel approach to understanding the constitution and transformation of social life. Key to the account he develops here is the context in which social life unfolds—the "site of the social"—as a contingent and constantly metamorphosing mesh of practices and material orders. Schatzki’s analysis reveals the advantages of this site ontology over the traditional individualist, holistic, and structuralist (...) accounts that have dominated social theory since the mid-nineteenth century. A special feature of the book is its development of the theoretical argument by sustained reference to two historical examples: the medicinal herb business of a Shaker village in the 1850s and contemporary day trading on the Nasdaq market. First focusing on the relative simplicity of Shaker life to illuminate basic ontological characteristics of the social site, Schatzki then uses the sharp contrast with the complex and dynamic practice of day trading to reveal what makes this approach useful as a general account of social existence. Along the way he provides new insights into many major issues in social theory, including the nature of social order, the significance of agency, the distinction between society and nature, the forms of social change, and how the social present affects its future. (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)

Antonio Rosmini-Serbati was one of the first natural law scholars to bring natural law thinking into a conversation with the market economic order that was beginning to emerge in Europe in the 19th century. His reflections on matters such as the origin, nature, and limits of private property, the role of the state, and the nature of human reason show him to be a unique, innovative thinker who nonetheless was determined to work within the parameters of Catholic doctrine. Many of (...) these ideas are concretized in his seminal work The Constitution Under Social Justice, a text that has profound instights to offer those today seeking to integrate theology, philosophy, and economics into their conceptions of a social order that aspires to be both free and just. (shrink)

American historians have generally accepted Richard Hofstadter's thesis that the scientism of Social Darwinism, or more appropriately, Spencerianism, dominated American thought in the late nineteenth and early twentieth century, and nowhere more enthusiastically or more purposively than within the conservative business community, which used Herbert Spencer's scientism to justify corporate business practices and to rewrite American Constitutional law to protect property interests against governmental regulations. Following Sharlin's general exposition of Herbert Spencer's scientism, this paper examines in detail the validity (...) of the Hofstadter thesis as applied to the notorious Lochner v. New York Supreme Court opinion of 1905. The conclusions drawn from this analysis are offered as a repudiation of the generally accepted belief that it was the conservative activists on the Court who were guilty of Spencerian scientism. On the contrary, the argument is presented that it was Justice Holmes and the liberal reformers who found the evolutionary doctrines of Spencer congenial to their efforts of identifying needed reinterpretations of the American Constitution with biological evolution. (shrink)

Antonio Rosmini-Serbati was one of the first natural law scholars to bring natural law thinking into a conversation with the market economic order that was beginning to emerge in Europe in the 19th century. His reflections on matters such as the origin, nature, and limits of private property, the role of the state, and the nature of human reason show him to be a unique, innovative thinker who nonetheless was determined to work within the parameters of Catholic doctrine. Many of (...) these ideas are concretized in his seminal work The Constitution Under Social Justice, a text that has profound instights to offer those today seeking to integrate theology, philosophy, and economics into their conceptions of a social order that aspires to be both free and just. (shrink)

Theories of cognition and theories of social practices and institutions have often each separately acknowledged the relevance of the other; but seldom have there been consistent and sustained attempts to synthesize these two areas within one explanatory framework. This is precisely what my dissertation aims to remedy. I propose that certain recent developments and themes in philosophy of mind and cognitive science, when understood in the right way, can explain the emergence and dynamics of social practices and institutions. (...) Likewise, the view I construct explains how social practices and institutions shape the character of cognition of their constituent agents. Moreover, I explain both cognitive and social agency under the single explanatory framework provided by Dynamic Systems Theory. Drawing upon the phenomenological tradition, "embodied, "extended", "embedded", "enactive", and "ecological" approaches to cognition, as well as the conceptual resources of Dynamic Systems Theory, I construct a theory of agency that sees cognitive and social agents as far-from-equilibrium, open, recursively self-maintenant dynamic systems. Depending on the specifics of concrete circumstances, such systems, which I call "Dynamic Embodied Agents", may develop and possess emergent capacities for error-detection, flexible learning, normative behavior, representation, self-reflection, various modes of pattern-recognition, a temporal sense of self, and even moral responsibility. Some such systems are also sensitive to perceived social influences ; while reciprocally constituting and causally affecting them. (shrink)

Is a bank note identical with the piece of paper of which it consists? On the one hand, John Searle, in his reply to Barry Smith, suggests that they are “one and the same object” that is a social or non-social object only under certain descriptions. On the other hand, Lynne Rudder Baker puts forward the claim that bank note and paper are distinct entities that are bound together by the relation of material constitution. I suggest two (...) possible analyses for Searle’s description relativity claim, the Alternative Subject Analysis and the Predicate Modification Analysis. On both accounts his identity claim gets into serious trouble. While Baker’s definition of material constitution deals well with the bank note example, it fails to account for the constitution of bearerless social entities and groups. I point out five respects in which social constitution can differ from Baker’s account of material constitution and discuss compositional, institutional and interactional constitution as additional varieties of social constitution. (shrink)

The purpose of this article is to make a rational reconstruction of the use of the proportionality test in contexts of judicial adjudication of constitutional social rights. This reconstruction will be developed in two stages. Firstly, I will deal with the question of whether the proportionality test in its variation by omission (that is, in cases of positive rights) exhibits or not a different structure with respect to its (better known and developed) variation by excess (that is, in cases (...) of negative rights). Secondly, I will describe the rules and forms of argumentation implied in the use of the proportionality test by omission, which constitute its respective sub-tests of suitability, necessity and proportionality stricto sensu. Lastly, I will present a brief summary. (shrink)