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This paper is a critique of Kenneth Arrow's thesis concerning the logical impossibility of a constitution. I argue that one of the premises of Arrow's proof, that of the transitivity of indifference, is untenable. Several concepts of preference are introduced and counter-instances are offered to the transitivity of indifference defined along the standard lines in terms of these concepts. Alternate analyses of indifference in terms of preference are considered, and it is shown that these do not serve Arrow's purposes either. (...)