Constituent power : the concept of a crisis -- Virtue and fortune : the machiavellian paradigm -- The Atlantic model and the theory of counterpower -- Political emancipation in the American constitution -- The revolution and the constitution of labor -- Communist desire and the dialectic restored -- The constitution of strength.

Constituent ontologies maintain that the properties of an object are either parts or something very much like parts of that object. Recently, such a view has been criticized as leading to a bizarre and problematic form of substance dualism and implying the existence of impossible objects. After briefly presenting constituent and relational ontologies, I respond to both objections, arguing that constituent ontology does not yield either of these two consequences and so is not shown to be an unacceptable ontological framework.

Radical democratic political theorists have used the concept of constituent power to sketch ambitious models of radical democracy, while many legal scholars deploy it to make sense of the political and legal dynamics of constitutional politics. Its growing popularity notwithstanding, I argue that the concept tends to impede a proper interpretation of civil disobedience, conceived as nonviolent, politically motivated lawbreaking evincing basic respect for law. Contemporary theorists who employ it cannot distinguish between civil disobedience and other related, yet ultimately different, (...) modes of political illegality. The essay also examines Jürgen Habermas’ recent contributions to a theory of mixed or dualistic constituent power, conceding that Habermas avoids many theoretical and political ills plaguing competing radical democratic theoretical retrievals. Nonetheless, Habermas’ attempt to salvage the idea of constituent power as part of... (shrink)

One of the most basic functions of human language is to convey who did what to whom. In the world's languages, the order of these three constituents (subject [S], verb [V], and object [O]) is uneven, with SOV and SVO being most common. Recent experiments using experimentally elicited pantomime provide a possible explanation of the prevalence of SOV, but extant explanations for the prevalence of SVO could benefit from further empirical support. Here, we test whether SVO might emerge because (a) (...) SOV is not well suited for describing reversible events (a woman pushing a boy) and (b) pressures to be efficient and mention subjects before objects conspire to rule out many other alternatives. We tested this by asking participants to describe reversible and non‐reversible events in pantomime, and we instructed some participants to be consistent in the form of their gestures and to teach them to the experimenter. These manipulations led to the emergence of SVO in speakers of both English (SVO) and Turkish (SOV). (shrink)

In a recent paper (Linguistics and Philosophy 23, 4, June 2000), Jason Stanley argues that there are no `unarticulated constituents', contrary to what advocates of Truth-conditional pragmatics (TCP) have claimed. All truth-conditional effects of context can be traced to logical form, he says. In this paper I maintain that there are unarticulated constituents, and I defend TCP. Stanley's argument exploits the fact that the alleged unarticulated constituents can be `bound', that is, they can be made to vary with the values (...) introduced by operators in the sentence. I show that Stanley's argument rests on a fallacy, and I provide alternative analyses of the data. (shrink)

The concept of constituent power plays a major part in modern political and legal theory- in how we think about the political. This book tackles the twofold issue of public authority and public autonomy in the modern conception of the political by analysing the notion of constituent power, its function in the modern political apparatus, and debates about its meaning and function in our own context. Focusing on contemporary debates on constitutionalism "beyond" the state, Geneviève Nootens assesses the prospects for (...) recasting the notion of constituent power in a polycentric setting that challenges state sovereignty as embodying the autonomy of the political. In doing so, she argues that constituent power belongs with the conceptual apparatus of a theory of government peculiar to a statist way of knowing, and being into, the world, and that it is too much dependent upon the statist framework for it to have critical purchase on new mappings of public authority. Nootens stresses the critical need to frame public authority appropriately if we are to conceptualize a conception of collective political agency that can sustain public autonomy in the current era. Constituent Power Beyond the State will be of interest to students and scholars of political theory, democratic theory, law, and constitutionalism. (shrink)

An important debate in the current literature is whether “all truth-conditional effects of extra-linguistic context can be traced to [a variable at; LM] logical form” (Stanley, ‘Context and Logical Form’, Linguistics and Philosophy, 23 (2000) 391). That is, according to Stanley, the only truth-conditional effects that extra-linguistic context has are localizable in (potentially silent) variable-denoting pronouns or pronoun-like items, which are represented in the syntax/at logical form (pure indexicals like I or today are put aside in this discussion). According to (...) Recanati (‘Unarticulated Constituents’, Linguistics and Philosophy, 25 (2002) 299), extra-linguistic context can have additional truth-conditional effects, in the form of optional pragmatic processes like ‘free enrichment’. This paper shows that Recanati’s position is not warranted, since there is an alternative line of analysis that obviates the need to assume free enrichment. In the alternative analysis, we need Stanley’s variables, but we need to give them the freedom to be or not to be generated in the syntax/present at logical form, a kind of optionality that has nothing to do with the pragmatics-related optionality of free enrichment. (shrink)

This article argues that, far from being a merely defensive act of individual protest, civil disobedience is a much more radical political practice. It is transformative in that it aims at the politicization of questions that are excluded from the political domain and at reconfiguring public space and existing institutions, often in comprehensive ways. Focusing on the reconstitution of the political community also allows us to reconceptualize constituent power. Rather than portraying it as a quasi-mythical force erupting only in extraordinary (...) moments, constituent power can be conceptualized as a dynamic situated within established orders, transgressing their logic and reconfiguring them from within. Civil disobedience as a transformative and potentially comprehensive practice aimed at reconstituting the political order can then be seen as an internal driving force keeping this dialectic in play. A concrete example can be found in protests and border struggles by irregularized migrants. They show how unexp... (shrink)

Constituent power is an idea with a long tradition in modern political thought but has been largely abandoned since the middle of the twentieth century. Here I offer a new account of constituent power that avoids problems of the classical account, including the paradox of constitutionalism, and clarifies how individuals contribute to creating their shared political order. I argue that constituent power should be understood as an individual power-with: the agential power to constitute a legal order with others. Our individual, (...) banal acts of law-abidingness each partially effect the collective outcome. We generally exercise constituent power unconsciously and automatically, guiding our actions to succeed as defined by law and relying on the legal system to take up our contributions and effectively combine them with others. (shrink)

Many democracies use geographic constituencies to elect some or all of their legislators. Furthermore, many people regard this as desirable in a noncomparative sense, thinking that local constituencies are not necessarily superior to other schemes but are nevertheless attractive when considered on their own merits. Yet, this position of noncomparative constituency localism is now under philosophical pressure as local constituencies have recently attracted severe criticism. This article examines how damaging this recent criticism is, and argues that within limits, noncomparative (...) constituency localism remains philosophically tenable despite the criticisms. The article shows that noncomparative constituency localism is compelling in the first place because geographic constituencies foster partisan voter mobilisation, and practices of constituency service help to sustain deliberation among constituents and within the legislature and promote the realisation of equal opportunity for political influence. The article further argues that it is unwarranted to criticise geographic constituencies for being biased against geographically dispersed voter groups, for causing vote-seat disproportionality, and for being vulnerable to gerrymandering. The article also discusses the criticisms that local constituencies may pose risks of inefficiency and injustice in resource allocation decisions, may lead legislators to neglect the common good, and may limit citizens’ control over the political agenda. Whilst conceding that these objections may be valid, the article argues that they do not outweigh the diverse and normatively weighty considerations speaking in favour of noncomparative constituency localism. Finally, the article’s analysis is defended against several variants of the charge that it exaggerates the benefits of geographic constituencies. (shrink)

Jason A. Frank, Constituent Moments: Enacting the People in Postrevolutionary America, Duke University Press, ISBN - 9780822346630Vicki Hsueh, Hybrid Constitutions: Challenging Legacies of Law, Privilege and Culture in Colonial America, Duke University Press, ISBN - 9780822346180.

Constituent power is a key concept in democratic theory and constitutional law. The French term pouvoir constituant was coined by Sieyès in the context of the French Revolution in his famous pamphl...

Attempts to characterize unarticulated constituents (henceforth: UCs) by means of quantification over the parts of a sentence and the constituents of the proposition it expresses come to grief in more complicated cases than are commonly considered. In particular, UC definitions are inadequate when we consider cases in which the same constituent appears more than once in a proposition that only has one word with the constituent as its semantic value. This article explores some consequences of trying to repair the formal (...) definitions. (shrink)

van der Velde's & de Kamps's model encodes complex word-to-word relations in sentences but does not encode the hierarchical constituent structure of sentences, a fundamental property of most accounts of sentence structure. We summarize what is at stake and suggest two ways of incorporating constituency into the model.

In this article I examine an as yet unexplored aspect of J.P. Moreland’s defense of so-called bare particularism — the ontological theory according to which ordinary concrete particulars (e.g., Socrates) contain bare particulars as individuating constituents and property ‘hubs.’ I begin with the observation that if there is a constituency relation obtaining between Socrates and his bare particular, it must be an internal relation, in which case the natures of the relata will necessitate the relation. I then distinguish various (...) ways in which a bare particular might be thought to have a nature and show that on none of these is it possible for a bare particular to be a constituent of a complex particular. Thus, Moreland’s attempt to resurrect bare particulars as ontologically indispensable entities is not wholly without difficulties. (shrink)

In order to identify usable indices, measures of well‐being are classified according to whether they are based on well‐being's constituents or their commodity determinants. For practical purposes, it is often simpler to construct measures based on well‐being's commodity determinants.

Moderation and liberalism are different and in some cases antagonistic concepts. In recent years, the view that Sieyès’s idea of constituent power is a moderate and liberal rendering of sovereignty has gained acceptance in intellectual history and constitutional theory literature. This claim is based on the premise that radical and illiberal readers of Rousseau’s idea of sovereignty, such as Robespierre and the Jacobins, were opposed to representing the general will (volonté générale). Thus, constituent power as the exercise of power by (...) extraordinary representatives to draft a constitution would be a liberal attempt at political moderation in the French revolution. In contrast to this liberal reading, my analysis shows that Sieyès’s idea of constituent power is an illiberal attempt at political moderation. Against moderate liberal theories, constituent power demands that the extraordinary representatives of the constituent assembly must will, deliberate, and act as if they were the people themselves. These representatives have absolute powers and the mandate to create a constitution but also the imperative to perceive and mirror the sovereign will. From a political theory approach, I conclude that constituent power is not a liberal idea but a key notion of moderate illiberalism that prevailed during the French Revolution. (shrink)

New Edition In the ten years since the initial publication of _Insurgencies_, Antonio Negri's reputation as one of the world's foremost political philosophers has grown dramatically. An invigorating appraisal of revolutionary thought, Insurgencies is both the precursor to and the historical basis for Antonio Negri and Michael Hardt's masterwork, Empire. At the center of this book is the conflict between "constituent power," the democratic force of revolutionary innovation, and "constituted power," the fixed power of formal constitutions and central authority. This (...) conflict, Negri argues, defines the drama of modern rebellions. Now with a foreword by Michael Hardt, _Insurgencies_ leads to a new notion of how power and action must be understood if we are to achieve a democratic future. (shrink)

In multiethnic and multi-religious democracies, the chronic danger is that candidates will engage in “identity politics,” appealing to one locally preponderant ethnic group against other groups. The usual formulas for composing multiethnic democracies—ethnic federalism and/or proportional representation—often exacerbate the problem, ethnicizing political campaigns and carving up the national legislature into ethnic blocs, each beholden only to its own group. An alternative approach—what I call “dispersed constituency democracy”—is to match each legislative seat with a constituency that reflects the overall (...) ethnic composition of the society in question, so as to encourage candidates to reach across ethnic divisions rather than play to locally preponderant ones. I propose a simple way to do this, and explore the likely consequences for national electoral campaigns and legislative dynamics over a range of demographic circumstances. I also consider supplemental devices for protecting minority rights that would be made possible by the proposed constituency system. (shrink)

My general aim in this paper is to shed light on the controversial concept of a bare particular. I do so by arguing that bare particulars are best understood in terms of the individuative work they do within the framework of a realist constituent ontology. I argue that outside such a framework, it is not clear that the notion of a bare particular is either motivated or coherent. This is suggested by reflection on standard objections to bare particulars. However, within (...) the framework of a realist constituent ontology, bare particulars provide for a coherent theory of individuation—one with a potentially significant theoretical price tag, but one that also has advantages over rival theories. (shrink)

Constituent Postponement in Biblical Hebrew Verse. By John Scott Redd. Abhandlungen für die Kunde des Morgenlandes, vol. 90. Wiesbaden: Harrassowitz Verlag, 2014. Pp. xii + 155. €68.

There is a "public arena" in which, in principle, individuals can participate in decisions that involve the general society: how public revenues are obtained and used, what foreign policy will be, etc. In a world of nationstates, the public arena is primarily governmental, at various levels. Democracy functions insofar as individuals can participate meaningfully in the public arena, meanwhile running their own affairs, individually and collectively, without illegitimate interference by concentrations of power. Functioning democracy presupposes relative equality in access to (...) resources--material, informational, and other--a truism as old as Aristotle. In theory, governments are instituted to serve their "domestic constituencies" and are to be subject to their will. A measure of functioning democracy, then, is the extent to which the theory approximates reality, and the "domestic constituencies" approximate the population. (shrink)

This article examines the meaning and significance of the concept of constituent power in constitutional thought by showing how it acts as a boundary concept with respect to three types of legal thought: normativism, decisionism and relationalism. The concept can be fully appreciated, it suggests, only by adopting a relationalist method. This relationalist method permits us to deal with the paradoxical aspects of constitutional founding creatively and to grasp how constituent power, as the generative aspect of the political power relationship, (...) works not only at founding moments but also within the dynamics of constitutional development. Relationalism realizes this ambition by exposing the tension between unity and hierarchy in constitutional foundation and the tension between the people-as-one and the people-as-the governed in the course of constitutional development. It contends, contrary to normativist claims, that constituent power remains a central concept of constitutional thought. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Constituer le Réel. Noétique et Métaphysique chez Dietrich de Freiberg by Véronique DecaixBrian Francis ConollyVéronique Decaix. Constituer le Réel. Noétique et Métaphysique chez Dietrich de Freiberg. Paris: Librairie Philosophique J. Vrin, 2021. Pp. 336. Paperback, $48.00.Dietrich of Freiberg's theory of the constitutive power of the intellect, as presented in his De origine rerum praedicamentalium, has proved unusually resistant to contextualization within the philosophical and theological discussions at the (...) University of Paris in the last two decades of the thirteenth century. There is little indication in the quodlibet literature that any of his contemporaries were aware of his unusual doctrine, let alone interested in responding to it, and Dietrich himself provides few hints as to which quaestiones of contemporary interest he is responding to. One therefore welcomes this study by Véronique Decaix in which it is argued that "il est irréfutable que les concepts centraux du De origine ont été forgés dans une discussion permanente avec Henri de Gand" (223). Drawing upon and developing the work of Pasquale Porro, Jan Aersten, and others, Decaix establishes Dietrich's indebtedness to Henry of Ghent, all while providing a comprehensive and remarkably clear, detailed, and precise presentation of Dietrich's theory of the constitutive power of the intellect. [End Page 706]Particularly noteworthy is the manner in which Decaix clarifies that there are several distinct ways in which the intellect, on Dietrich's theory, exercises its constitutive power. Thus, for instance, "categorial constitution," whereby certain relations and the six posterior relative categories are constituted, is distinguished from "quidditative constitution," wherein a real natural thing is constituted in its quidditative being, which is at the same time the mode or manner in which the intellect constitutes its own proper object. Decaix clarifies that such modes of constitution differ not only with respect to what is constituted, but by the kind of causality exercised by the intellect. Categorial constitution is a kind of formal causality—because it concerns only accidents, and because intellect grasps these accidents "sur une modalité déduite d'un élément extrinsèque" (284)—whereas quidditative constitution is efficient—it is "plus fondamentale, car elle est plus essentielle et plus intérieure" and "s'exerce sur la forme substantielle et cause l'étant en tant qu'étant" (286). In either case, whether the mode of constitution is categorial or quidditative, Decaix makes clear that constitution is not creation, and does not pertain to the reality or absolute entity of the thing affected by the intellect's constitutive power. Rather, constitution in the relevant sense here entails introducing and imposing upon the real natural thing a new mode of being: with respect to categorial constitution, that mode of being is ad aliud (to be in relation to another); with respect to quidditative constitution, the constituted mode of being is quidditative being.Decaix argues that Dietrich consciously develops his theory of categorial relation within the framework provided by Henry of Ghent. She cites as evidence, among other factors, that Dietrich concludes his analysis of categorial relation with what Decaix calls the "exacte contre-pied" (154) to question 3 of Henry's Quodlibet IX: "Utrum circumscripta re sui fundamenti relatio possit signari per nomen primae impositionis?" Dietrich in effect responds: "Si autem ab huiusmodi entibus removeamus actum rationis, tunc secundum nullum modum sunt entia quantum ad id, quod significatur per nomen, sed relinquitur sola realitas et entitas fundamenti" (160).Question 3 of Henry's Quodlibet IX is still more important for Decaix's argument. For she sees herein more than a germ of Dietrich's doctrine of the constitutive power of the intellect. As Decaix explains, in addition to the real foundation (quantity or quality) provided by nature, and the pure ratio of relation, provided by the intellect, Henry introduces the modus characterizatus a re, whereby the peculiar nature of the foundation (e.g. the length or the color) particularizes the general notion of the pure relation (157–58). Thus, the real, particular relation, for example, "is shorter than" or "is similar to," arises only from both nature and the intellect as joint contributing causes. In this... (shrink)

The method of explication has been somewhat of a hot topic in the last 10 years. Despite the multifaceted research that has been directed at the issue, one may perceive a lack of step-by-step procedural or structural accounts of explication. This paper aims at providing a structural account of the method of explication in continuation of the works of Geo Siegwart. It is enhanced with a detailed terminology for the assessment and comparison of explications. The aim is to provide means (...) to talk about explications including their criticisms and their interrelations. There is hope that this treatment will be able to serve as a foundation to a step-by-step guide to be established for explicators. At least it should help to frame and mediate explicative disputes. In closing the enterprise will be considered an explication of ‘explication’, though consecutive explications improving on this one are undoubtedly conceivable. (shrink)

In Optimality Theory, recent work has been exploring the idea that the order of constituents in syntax is determined by alignment constraints, developed within the theory of Generalized Alignment ). Costa and Samek-Lodovici present general overviews, and both have specifically argued that OT analyses are superior to proposals expressed in terms of the parameterized “directionality” of movement or ordering. In Korean, the ordering options for major clausal constituents have been explored in Choi and Lee, who discussed the ordering of a (...) verb’s arguments as an interaction between constraints on canonical ordering and constraints on information structure. In this paper, I will discuss extending the ideas of ordering as alignment into the core clausal syntax, concentrating on the non-phrasal clausal elements.. (shrink)

This article discusses the concept of constituent power and its application to the situation in Chile after the 18th October 2019. In particular, it discusses the relation between constituted and constituent powers, with a view to understanding the significance of the 15 November Agreement that opened the way for the ongoing constituent process.

Kan demokrati - folkets magt - realiseres. Forfatteren gennemgår dette på baggrund af den konflikt, der altid har været mellem den påtvungne magt og den valgte magt.

Research suggests that the mind contains a set of adaptations for detecting alliances: an alliance detection system, which monitors for, encodes, and stores alliance information and then modifies the activation of stored alliance categories according to how likely they will predict behavior within a particular social interaction. Previous studies have established the activation of this system when exposed to explicit competition or cooperation between individuals. In the current studies we examine if shared political opinions produce these same effects. In particular, (...) if participants will spontaneously categorize individuals according to the parties they support, even when explicit cooperation and antagonism are absent, and if party support is sufficiently powerful to decrease participants’ categorization by an orthogonal but typically-diagnostic alliance cue . Evidence was found for both: Participants spontaneously and implicitly kept track of who supported which party, and when party cross-cut race—such that the race of targets was not predictive of party support—categorization by race was dramatically reduced. To verify that these results reflected the operation of a cognitive system for modifying the activation of alliance categories, and not just socially-relevant categories in general, an identical set of studies was also conducted with in which party was either crossed with sex or age . As predicted, categorization by party occurred to the same degree, and there was no reduction in either categorization by sex or by age. All effects were replicated across two sets of between-subjects conditions. These studies provide the first direct empirical evidence that party politics engages the mind’s systems for detecting alliances and establish two important social categorization phenomena: that categorization by age is, like sex, not affected by alliance information and that political contexts can reduce the degree to which individuals are represented in terms of their race. (shrink)

This review article explores in a critical spirit the differences between constituent and relational ontology as practiced by four contemporary Aristotelian philosophers, Michael J. Loux, E. J. Lowe, Lukáš Novák, and Stanislav Sousedík.

In this dissertation I consider the merits of certain nominalist accounts of phenomena related to the character of ordinary objects. What these accounts have in common is the fact that none of them is an error theory about standard cases of predication and none of them deploys God or uniquely theistic resources in its explanatory framework. -/- The aim of the dissertation is to answer the following questions: -/- • What is the best nominalist account on offer? • How might (...) it be improved? • Does it ultimately succeed? -/- I will argue that while so-called trope theory is the best account on offer, it can be significantly improved—or replaced—by a novel version of nominalism that is modeled after trope theory. Ultimately, however, I will argue that even the novel version fails. -/- The dissertation unfolds as follows. In Chapter 1, I introduce Austere Nominalism (AN), which is perhaps the most extreme version of nominalism that falls within the scope of the dissertation. AN is often described as the view that there exist only concrete particulars. According to AN, it is unnecessary to posit any entities other than ordinary objects—turkeys, tables, and the like—in order to account for explananda related to the character of those objects. (Such explananda include the phenomenon of attribute agreement, of attribute possession, of true subject-predicate sentences, etc.) In this chapter I argue that AN fails to provide an adequate account of these explananda. In addition, introducing and criticizing AN serves an important heuristic role for the rest of the dissertation. To understand this role, we must distinguish between the basic explanatory strategy deployed by the austere nominalist and the type of explananda for which she deploys that strategy. The austere nominalist deploys the strategy to account for the character of ordinary objects. As I argue in Chapter 1, this deployment is a failure. As I go on to show in Chapter 2, the widespread rejection AN has led to a variety of rival accounts of the character of ordinary objects. In rejecting AN, however, these accounts also tacitly reject its basic explanatory strategy. Thus goes the baby with the bathwater, since, arguably, there are some attractive features of AN’s basic explanatory strategy. Indeed, those who defend the most prominent version of nominalism—trope theory—seem to overlook the advantages of AN’s basic strategy, and by so doing, make an unnecessary concession to the realist. Or so I argue in Chapter 3. And, as I will argue in Chapter 4, the strongest version of nominalism is a novel account, modeled after trope theory, that deploys AN’s basic strategy at a more fundamental level than that of ordinary objects. This novel account—troper theory—is closer in spirit to AN than is traditional trope theory. (Thus, AN serves as a foil for the discussion of other nominalist views.) Finally, in the Afterword I indicate how troper theory is equally vulnerable to some of the traditional objections that plague trope theory. Thus, if you are not convinced that traditional objections to trope theory are conclusive and you want to be a nominalist, then you should abandon trope theory and adopt troper theory. If you take traditional objections against trope theory to have significant force, then you should reject both theories. (shrink)

I argue that analogue mental representations possess a canonical decomposition into privileged constituents from which they compose. I motivate this suggestion, and rebut arguments to the contrary, through reflection on the approximate number system, whose representations are widely expected to have an analogue format. I then argue that arguments for the compositionality and constituent structure of these analogue representations generalize to other analogue mental representations posited in the human mind, such as those in early vision and visual imagery.

A review of Joel Colón-Ríos' excellent 2020 book Constituent power and the law.

We sketch a general theory of complex objects and their constituents.

This article presents a trope bundle theory of simple substances, the Strong Nuclear Theory[SNT] building on the schematic basis offered by Simons's (1994) Nuclear Theory[NT]. The SNT adopts Ellis's (2001) dispositional essentialist conception of simple substances as powerful particulars: all of their monadic properties are dispositional. Moreover, simple substances necessarily belong to some natural kind with a real essence formed by monadic properties. The SNT develops further the construction of substances the NT proposes to obtain an adequate trope bundle theory (...) of powerful particulars. The SNT allows for co-located powerful particulars. However, every powerful particular is necessarily co-located with its constituent tropes, which determine its causal powers. Every constituent trope of substance i is part of a trope aggregate (the n-bundle or c-bundle) that forms an individual figuring in the basic spatio-temporal relations. The location of these individuals determines the location of individual tropes. Since they are necessarily co-located with substance i when they exist, every trope t of i is necessarily co-located with i when it exits. Every simple substance has nuclear tropes necessary to it. It belongs to certain primary natural kind K because its nuclear tropes belong to certain distinct determinate kinds. (shrink)

In this paper I investigate certain issues that have surfaced in the debate between truth-conditional semantics and truth-conditional pragmatics about meteorological sentences like "It is raining". First, I assess two criteria for unarticulatedness pertaining to the views (the Binding Criterion and the Optionality Criterion) and argue that both fail. Then I present one of the most powerful arguments against truth-conditional pragmatics: the so-called "Binding Argument". I show how the solution offered by Francois Recanati, consisting in appeal to "variadic functions", deflects (...) the argument and that it can be adopted by a relativist abut locations too. In the end of a the paper I suggest, with focus on predicates of personal taste, that relativists about other kinds of expressions can adopt Recanati's solution to block versions of the Binding Argument directed at their view. (shrink)

This contribution develops two objections to Hans Lindahl’s legal philosophy, as exhibited in his Authority and the Globalization of Inclusion and Exclusion. First, his conception of constituent power overstates the necessity of violence in initiating collective action. Second, his rejection of the distinction between participatory and representative democracy on the grounds that participation is representation is misleading, and compromises our ability to differentiate qualitatively among various forms of (purportedly) democratic involvement. Both problems stem from the same root. They result from (...) conflating two distinct senses of ‘representation’: acting-for-someone (or representative agency) and portraying-something-as-something (or representation-as). (shrink)

This essay goes beyond the dominant conception of constituent power developed by Emmanuel Sieyès and Carl Schmitt by excavating an alternative through the practices of twentieth-century workers’ councils and the interpretations of council democracy by Cornelius Castoriadis and Hannah Arendt. Interpreters of the constituent power often agree on its fundamentally antagonistic relation to constituted power, hereby making constituent politics a momentary experience, which cannot be sustained in constituted politics. Council democracy, instead, discloses a modality of politics, which bridges the gap (...) between constituent power and political form in order to provide institutional means through which the spirit of revolution can survive the founding moment. With this alternative concept of council democratic constituent power, this essay contributes to radical democratic theory by stipulating ways in which institutions can be rethought radically democratic as a way in which constituent power can be institutionally approximated and continually reexperienced. (shrink)

[1]. Recently renewed interest in non transformational approaches to syntax [2] suggests that it might be well to take another look at categorial grammars, since they seem to have been neglected largely because they had been shown to be equivalent to context free phrase structure grammars in weak generative capacity and it was believed that such grammars were incapable of describing natural languages in a natural way. It is my purpose here to sketch a theory of grammar which represents a (...) generalization of categorial grammars of the sort invented by Ajdukiewicz (1935) and further elaborated especially by Bar Hillel (1953) and Lambek (1961). (shrink)

Rousseau has always had an uncertain relationship with the theory of constituent power. On the one hand, his distrust of political representation and support for popular sovereignty seem consistent with the idea of the people as a legally unlimited constitution-maker. On the other hand, if, from those views about representation and sovereignty, it follows that Rousseau is a proponent of direct democracy, then there seems to be no place in his thought for a theory that presupposes, above all, a separation (...) between those who exercise a delegated authority and those who possess an original constitution-making power. In a legal order in which all laws must be directly made by the people, such a separation is absent: the constituent and the legislative body are one and the same. It is therefore not surprising that Rousseau’s name is largely absent from contemporary literature on constituent power. In this article, however, I will show that once Rousseau’s particular conception of law, as well as his distinction between sovereignty and government, are properly understood, one finds in his work not only the first major formulation of the theory of constituent power, but also a careful exploration of its implications for actual constitutional practice. (shrink)

Animal-derived constituents are frequently used in anaesthesia and surgery, and patients are seldom informed of this. This is problematic for a growing minority of patients who may have religious or secular concerns about their use in their care. It is not currently common practice to inform patients about the use of animal-derived constituents, yet what little empirical data does exist indicates that many patients want the opportunity to give their informed consent. First, we review the nature and scale of the (...) problem by looking at the groups who may have concerns about the use of animal-derived constituents in their care. We then summarise some of the products used in anaesthesia and surgery that can contain such constituents, such as anaesthetic drugs, surgical implants and dressings. Finally, we explore the problem of animal-derived constituents and consent using Beauchamp and Childress’ four principles approach, examining issues of autonomy, beneficence, nonmaleficence and justice. Disclosing the use of animal-derived constituents in anaesthesia and surgery is warranted under Beauchamp and Childress’ four principles approach to the problem. Although there exist systemic and practical challenges to implementing this in practice, the ethical case for doing so is strong. The Montgomery ruling presents additional legal reason for disclosure because it entails that patients must be made aware of risks associated with their treatment that they attach significance to. (shrink)