In many countries worldwide, especially in Sub-Saharan Africa, a shortage of physicians limits the provision of lifesaving interventions. One existing strategy to increase the number of physicians in areas of critical shortage is conditioning medical school scholarships on a precommitment to work in medically underserved areas later. Current practice is usually to demand only one year of service for each year of funded studies. We show the effectiveness of scholarships conditional on such precommitment for increasing physician supplies in underserved areas. (...) Then we defend these scholarships against ethical worries that they constitute slavery contracts; rely on involuntary, biased, or unauthorized early consent by a young signatory; put excessive strains on signed commitments; give rise to domination; and raise suspicion of slavery contracts. Importantly, we find that scholarships involving far longer commitment than current practice allows would also withstand these worries. Policymakers should consider introducing conditional scholarships, including long-term versions, as a means to increasing the supply of physicians to medically underserved areas. (shrink)

Common sense suggests that it is always preferable to have more options than fewer, and better to have more knowledge than less. This provocative book argues that, very often, common sense fails. Sometimes it is simply the case that less is more; people may benefit from being constrained in their options or from being ignorant. The three long essays that constitute this book revise and expand the ideas developed in Jon Elster's classic study Ulysses and the Sirens. It is not (...) simply a new edition of the earlier book, though; many of the issues merely touched on before are explored here in much more detail. Elster shows how seemingly disparate examples which limit freedom of action reveal similar patterns, so much so that he proposes a new field of study: constraint theory. The book is written in Elster's characteristically vivid style and will interest professionals and students in philosophy, political science, psychology, and economics. (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)

The paper makes a twofold contribution. Firstly, it advances a preliminary account of the conditions that need to obtain for constitutional rights to be democratic. Secondly, in so doing, it defends precommitment-based theories from a criticism raised by Jeremy Waldron—namely, that constitutional rights do not become any more democratic when they are democratically adopted, for the people could adopt undemocratic policies without such policies becoming democratic as a result. The paper shows that the reductio applies to political rights, (...) yet not to non-political rights, such as reproductive, environmental, or privacy rights. The democratic status of the former is process-independent. The latter, by contrast, are democratic precisely when they are adopted by democratic means. (shrink)

Este artículo presenta a Weber y Habermas como los umbrales o polos de una modernidad que tiene al progreso como horizonte teórico-práctico. El diagnóstico weberiano sobre la modernidad y su proceso de desencantamiento del mundo y la injustificada reducción de la actividad racional a una actividad utilitario-estratégica desprovista de su carácter veritativo y de su orientación valórica, Habermas la utiliza para justificar su propuesta teórico-crítica respecto a la modernidad y la "paradoja de la racionalización", distinguiendo "sistema" y "mundo vital". Aquí (...) "desencantamiento del mundo" y "consenso del proyecto de lamodernidad", se encuentranThis article presents Weber and Habermas like the thresholds or poles of a modernity that has to the progress as theoretical- practical horizon. The diagnosis weberiano on the modernity and his process of disenchantment of the world and the unjustified reduction of the rational activity to a utilitarian-strategic activity devoid of his character of truth, Habermas uses to justify his theoretical-critical offerwith regard to themodernity and the "paradox of the rationalization", distinguishing "system" and "vital world". Here "disenchantment of the world" and "consensus of the project of the modernity", they are. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

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)

As global governance institutions proliferate and become more powerful, their legitimacy is subject to ever sharper scrutiny. Yet what legitimacy means in this context and how it is to be ascertained are often unclear. In a previous paper in this journal, we offered a general account of the legitimacy of such institutions and a set of standards for determining when they are legitimate. In this paper we focus on the legitimacy of the UN Security Council as an institution for making (...) decisions concerning the use of military force across state borders. The context for this topic has changed over the last decade as a result of the ongoing development of the responsibility to protect (RtoP) doctrine and extensive discussions about it in the United Nations. Yet the mostly widely accepted proposals for RtoP still require Security Council authorization for forceful intervention, and strictly limit the conditions under which such intervention may take place. (shrink)

The first part of this paper argues that if Craver’s ([2007a], [2007b]) popular mutual manipulability account (MM) of mechanistic constitution is embedded within Woodward’s ([2003]) interventionist theory of causation--for which it is explicitly designed--it either undermines the mechanistic research paradigm by entailing that there do not exist relationships of constitutive relevance or it gives rise to the unwanted consequence that constitution is a form of causation. The second part shows how Woodward’s theory can be adapted in such a way that (...) (MM) neither undermines the mechanistic paradigm nor reduces constitution to causation. However, it turns out that this modified theoretical embedding of (MM) makes it impossible to produce empirical evidence for constitutive relations. The paper ends by suggesting an additional criterion, the fat-handedness criterion, which, when combined with (MM), generates indirect empirical evidence for constitutive relevance. (shrink)

The only anthology available on material constitution, this book collects important recent work on well known puzzles in metaphysics and philosophy of mind. The extensive, clearly written introduction helps to make the essays accessible to a wide audience.

Timothy Williamson famously argued that assertion is constituted either by the knowledge rule or some similar epistemic rule. If true, the proposal has important implications for criticism of assertions. If assertions are analogical to other rule-constituted kinds like games, we can criticize assertions either on external or internal grounds, depending on whether the criticism draws from the necessary norms of assertion or some contingent ones. More recently, authors like Goldberg and MacFarlane have argued against other theories of assertion on the (...) grounds that they cannot explain the possibility of internal criticism for assertions. This paper raises methodological problems with these arguments. The main idea is to show that alternative, non-normative accounts of assertion can also explain the apparent differences in grounds of criticism without assuming that assertion is necessarily governed by some epistemic norm. (shrink)

THIS article concerning Mr. Marshall's open letter to Governor Smith does not pretend to be an answer. It suggests some philosophical considerations on the point at issue. The Editor.

The Iraqi constitution of 2005 grants freedom of religious thought, belief and practice for all religions. This study was also based on the premise that the constitutional rights are not adhered to in Iraq, even by government officials, which could be due to the absence of suitable legislations subsequent to the framing of the constitutional provisions. An analytical and descriptive research design was adopted for this study. Data was collected from primary and secondary sources through documentation research and (...) evaluation of historical sources. The primary data comprised Articles of the Iraqi constitution, and a few national and international legal instruments related to religious freedom. Secondary data included empirical research studies, books, articles and other published sources. This study therefore took the form of an empirical legal research as it involved the issues of constitutional reforms in the field of religious freedom. A comparative approach was adopted in analyzing the documents about religion and politics related to both the Arab region and the West. The focus was on the measures that should be adopted to advance the dialogues of religious freedom and maintain religious neutrality in all government policies. The study found out that there were apparent contradictions between the constitutional provisions and the State Laws. Similarly, the Iraqi civil and penal codes remain silent regarding legal remedies for the violation of constitutional provisions. (shrink)

Probably written by a student of Aristotle, The Athenian Constitution is both a history and an analysis of Athens' political machinery between the seventh and fourth centuries BC, which stands as a model of democracy at a time when city-states lived under differing kinds of government. The writer recounts the major reforms of Solon, the rule of the tyrant Pisistratus and his sons, the emergence of the democracy in which power was shared by all free male citizens, and the leadership (...) of Pericles and the demagogues who followed him. He goes on to examine the city's administration in his own time - the council, the officials and the judicial system. For its information on Athens' development and how the democracy worked, The Athenian Constitution is an invaluable source of knowledge about the Athenian city-state. For more than seventy years, Penguin has been the leading publisher of classic literature in the English-speaking world. With more than 1,700 titles, Penguin Classics represents a global bookshelf of the best works throughout history and across genres and disciplines. Readers trust the series to provide authoritative texts enhanced by introductions and notes by distinguished scholars and contemporary authors, as well as up-to-date translations by award-winning translators. (shrink)

Many philosophers think that games like chess, languages like English, and speech acts like assertion are constituted by rules. Lots of others disagree. To argue over this productively, it would be first useful to know what it would be for these things to be rule-constituted. Searle famously claimed in Speech Acts that rules constitute things in the sense that they make possible the performance of actions related to those things (Searle 1969). On this view, rules constitute games, languages, and speech (...) acts in the sense that they make possible playing them, speaking them and performing them. This raises the question what it is to perform rule-constituted actions (e. g. play, speak, assert) and the question what makes constitutive rules distinctive such that only they make possible the performance of new actions (e. g. playing). In this paper I will criticize Searle’s answers to these questions. However, my main aim is to develop a better view, explain how it works in the case of each of games, language, and assertion and illustrate its appeal by showing how it enables rule-based views of these things to respond to various objections. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 36.2 (2003) 119-134 [Access article in PDF] The Constitution of Rhetoric's Tradition Maurice Charland Rhetoric is not a discipline. That is to say, as a domain of theoretical and practical knowledge, rhetoric is weakly institutionalized, lacking a centralized arbiter and standardized set of procedures for establishing truth claims. It also lacks the basic characteristics that Michel Foucault defines as disciplinary, for while we can identify "groups (...) of objects, methods, their corpus of properties considered to be true, the interplay of rules and definitions, of techniques and tools," these are neither universally admitted, nor do they "constitute a sort of anonymous system, freely available to whoever wishes, or whoever is able to make use of them, without their being any question of their meaning" (1972, 222). On the contrary, despite the fact that rhetoric is usually figured as offering practical and, indeed, positive knowledge, the meaning of its terms is always being questioned and at stake. While we might, by considering terms loosely, seek to identify rhetoric in terms of objects such as "persuasion," or "discourse," these are not exclusively its province. Furthermore, the ends of rhetoric are themselves unclear. Is rhetoric really the art of discovering the available means of persuasion? Or is it an art of citizenship? Or a method of enquiry? It has at times been defined as each. Consequently, none of these methods can fix its identity. At most, we can say that "rhetoric," as a domain of knowledge, signals a commitment to the idea of agency in discourse.Rhetoric, while not disciplinary, nevertheless "hangs together" as a domain of knowledge even though it does not cohere conceptually. It is, or comes close to being, a "discursive formation." That is to say, we can identify a field that produces statements concerning discourse and its operations, which is characterized by certain regularities that articulate with the term rhetoric itself. The first such regularity is the gesture of negation. Rhetoric refuses philosophy (or acts out having been refused by philosophy). [End Page 119] Rhetoric further is defined against other intellectual genres: rhetoric is not poetics, is not political science, is not ethics, though it may "speak" to them. Ultimately, though, this tells us very little about the nature of rhetoric's difference, for while refusal is effective in positing the existence of a boundary between rhetoric and other domains, the location of that boundary and what it contains remains unspecified. Rhetoric must also be attributed an at least provisional sense. This is accomplished by rhetoric's second gesture, which initially appears more substantial. Rhetoric is framed in terms of the positivity of a foundational "tradition." Indeed, the gesture toward tradition is ubiquitous. Consider, for example, both the title and principles of organization of Patricia Bizzell and Bruce Herzberg's (1990) anthology, George Kennedy's (1998) recursion to the idea of "tradition" even as he attempts to present rhetoric as a natural and cross-cultural phenomenon, recent feminist works that explicitly address "the tradition," 1 the routine citation of Classical authorities and examples, the recurrence of "new" rhetorics, including Burke's dramatism, Perelman's theory of argumentation, as well as Barthes' semiotics, which are offered as supplements to tradition's lacks, and, finally, the energy devoted to the study of the history of rhetoric. The rhetorical tradition, as something bequeathed or put in play by ancient teachers, appears to offer rhetoric a substance, a literature, and a set of problems, particularly through variants of two other principles of discursive formation identified by Foucault, commentary and the author-function. Even so, the gesture toward tradition does not imply the existence of a historically rooted and fixed corpus or model: "Tradition" is a vague term, there is no unproblematic canon of texts to be commented upon, and tradition itself, rather than Aristotle, Plato, or Cicero, stands as "author." What we debate is the meaning of the "tradition," the uneasy relationship between Socrates and Sophists, Plato and Aristotle, but as positions rather than personae. Furthermore, in the name of rhetoric, ancient and modern texts are often read against the grain, and what is... (shrink)

Today the question of the moral foundations of democracy is more important then ever. In this book the author helps to explain when and why democracy is important and also gives us guidance as to how democracies ought to be shaped.

There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of (...) proportionality analysis is a question of the nature of constitutional rights, according to the contingency thesis, it is a question of interpretation. The article defends the necessity thesis. | A previous version of this article was published in Chinese Yearbook of Constitutional Law, Vol. 2010, 221–235. (shrink)

Agency and identity -- Necessitation -- Acts and actions -- Aristotle and Kant -- Agency and practical identity -- The metaphysics of normativity -- Constitutive standards -- The constitution of life -- In defense of teleology -- The paradox of self-constitution -- Formal and substantive principles of reason -- Formal versus substantive -- Testing versus weighing -- Maximizing and prudence -- Practical reason and the unity of the will -- The empiricist account of normativity -- The rationalist account of normativity (...) -- Kant on the hypothetical imperative -- Against particularistic willing -- Deciding and predicting -- Autonomy and efficacy -- The function of action -- The possibility of agency -- Non-rational action -- Action -- Attribution -- The psychology of action -- Expulsion from the garden : the transition to humanity -- Instinct, emotion, intelligence, and reason -- The parts of the soul -- Inside or outside -- Pull yourself together -- The constitutional model -- Models of the soul -- The city and the soul -- Platonic virtues -- Justice : substantive, procedural, and platonic -- Kant and the constitutional model -- Defective action -- The problem of bad action -- Being governed by the wrong law -- Or five bad constitutions -- Conceptions of evil -- Degrees of action -- Integrity and interaction -- Deciding to be bad -- The ordinary cases -- Dealing with the disunified -- Kant's theory of interaction -- My reasons -- Deciding to treat someone as an end in himself -- Interacting with yourself -- How to be a person -- What's left of me? (shrink)

This book examines the conceptual contributions of constituent representatives in Spain during the nineteenth and twentieth centuries. The Spanish Parliament has been the stage for the political modernisation of the country. Constitutional debates have historically led to the gradual acknowledgement and broadening – usually unevenly – of citizens’ rights. At the same time, constitutional debates have created opportunities to design institutions and settle legal mechanisms to enforce rights and distribute state resources. The book identifies and analyses rhetorical and (...) conceptual innovations produced in such debates from a historical perspective. (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)

The relativistic revolution led to varieties of neo-Kantianism in which constitutive principles define the object of scientific knowledge in a domain-dependent and historically mutable manner. These principles are a priori insofar as they are necessary premises for the formulation of empirical laws in a given domain, but they lack the self-evidence of Kant’s a priori and they cannot be identified without prior knowledge of the theory they purport to frame. In contrast, the rationalist endeavors of a few masters of theoretical (...) physics have led to comprehensibility conditions that are easily admitted in a given domain and yet suffice to generate the theory of this domain. The purpose of this essay is to compare these two kinds of relativized a priori, to discuss the nature of the comprehensibility conditions, and to demonstrate their effectiveness in a modular conception of physical theories. (shrink)

This book aims to distil the essentials of liberal constitutionalism from the jurisprudence and practice of contemporary liberal-democratic states. Most constitutional theorists have despaired of a liberal consensus on the fundamental goals of constitutional order. Instead they have contented themselves either with agreement on lower-level principles on which those who disagree on fundamentals may coincidentally converge, or, alternatively with a process for translating fundamental disgreement into acceptable laws. Alan Brudner suggests a conception of fundamental justice that liberals of (...) competing philosophic schools may accept as fulfilling their own basic commitments. He argues that the model liberal-democratic constitution is best understood as a unity of three constitutional frameworks: libertarian, egalitarian, and communitarian. Each of these has a particular conception of public reason. Brudner criticizes each of these frameworks insofar as its organizing conception claims to be fundamental, and moves forward to suggest an Hegelian conception of public reason within which each framework is contained as a constituent element of a whole. When viewed in this light, the liberal constitution embodies a surprising synthesis. It reconciles a commitment to individual liberty and freedom of conscience with the perfectionist idea that the state ought to cultivate a type of personality whose fundamental ends are the goods essential to dignity. Such a reconciliation, the author suggests, may attract competing liberalisms to a consensus on an inclusive conception of public reason under which political authority is validated for those who share a confidence in the individual's inviolable worth. (shrink)

The ‘causal-constitution’ fallacy, the ‘cognitive bloat’ worry, and the persisting theoretical confusion about the fundamental difference between the hypotheses of embedded (HEMC) and extended (HEC) cognition are three interrelated worries, whose common point—and the problem they accentuate—is the lack of a principled criterion of constitution. Attempting to address the ‘causal-constitution’ fallacy, mathematically oriented philosophers of mind have previously suggested that the presence of non-linear relations between the inner and the outer contributions is sufficient for cognitive extension. The abstract idea of (...) non-linearity, however, can be easily misunderstood and has, in the past, led to incorrect and counterintuitive conclusions about what may count as part of one’s overall cognitive system. In order to prevent any further mistakes I revisit dynamical systems theory to study the nature of the continuous mutual interactions that give rise to the aforementioned non-linear relations. Moreover, focusing on these interactions will allow us to provide two distinct arguments in support of the ontological postulation of extended cognitive systems, as well as an objective criterion of constitution. Accordingly, I put forward a version of HEC that treats continuous mutual interactions (and the resultant non-linear relations) not just as sufficient but also as necessary for cognitive extension. Such a qualified version of HEC may exclude certain alleged cases of cognitive extension where the agent does not mutually interact with his artifacts (e.g., shopping lists and directory services), but it is immune both to the ‘causal-constitution’ fallacy and the ‘cognitive bloat’ worry, and it can be sharply distinguished from HEMC. (shrink)

‘Constitutive luck’ refers to luck that affects the sort of person one is. This article demonstrates that it is a philosophically troubling sort of luck, causing problems in, at least, ethics and political philosophy. Some, notably Susan Hurley, Nicholas Rescher, and Daniel Statman, have argued that such trouble can be avoided, by pointing out that the notion of constitutive luck is incoherent. The article examines this claim by means of a discussion of the idea of luck in general, settling on (...) an account of luck in terms of the notions of chance, value, and (lack of) control. This account is then used to show that the notion of constitutive luck is not incoherent. We are stuck with the problems made by constitutive luck. (shrink)

Adams and Aizawa, in a series of recent and forthcoming papers,, ) 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 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, Clark and Chalmers, Haugeland, Dennett, Clark, Gibbs, and Wilson. 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 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". 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" and that these processes look to be characterized by psychological laws that turn out to apply to many internal goings-on but not currently 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 extend into the world. (shrink)

Lange argues that some natural phenomena can be explained by appeal to mathematical, rather than natural, facts. In these “distinctively mathematical” explanations, the core explanatory facts are either modally stronger than facts about ordinary causal law or understood to be constitutive of the physical task or arrangement at issue. Craver and Povich argue that Lange’s account of DME fails to exclude certain “reversals”. Lange has replied that his account can avoid these directionality charges. Specifically, Lange argues that in legitimate DMEs, (...) but not in their “reversals,” the empirical fact appealed to in the explanation is “understood to be constitutive of the physical task or arrangement at issue” in the explanandum. I argue that Lange’s reply is unsatisfactory because it leaves the crucial notion of being “understood to be constitutive of the physical task or arrangement” obscure in ways that fail to block “reversals” except by an apparent ad hoc stipulation or by abandoning the reliance on understanding and instead accepting a strong realism about essence. (shrink)

In his thought-provoking book, Why Law Matters, Alon Harel defends two key claims: one ontological, the other axiological. First, he argues that constitutions and judicial review are necessary constituents of a just society. Second, he suggests that these institutions are not only means to the realization of worthy ends, but also non-instrumentally valuable. I agree with Harel that constitutions and judicial review have more than instrumental value, but I am not persuaded by his arguments in support of this conclusion. I (...) argue that Harel’s ontological claim is unsustainable, and that his axiological claim needs revision. Regarding the former, I show that constitutions and judicial review are only contingent constituents of a just society. Regarding the latter, I contest Harel’s specific account of the value of constitutions and judicial review. Harel grounds the non-instrumental value of constitutions in freedom as non-domination but, upon scrutiny, it emerges that their non-instrumental value lies elsewhere. Further, Harel holds that the non-instrumental value of judicial review stems from its embodying a right to a fair hearing. I argue that this right has non-instrumental value only under a particular set of circumstances. I thus conclude, contrary to Harel, that the non-instrumental value of judicial review is contingent on those circumstances obtaining. (shrink)

In this paper I argue that constitutive relevance relations in mechanisms behave like a special kind of causal relation in at least one important respect: Under suitable circumstances constitutive relevance relations produce the Markov factorization. Based on this observation one may wonder whether standard methods for causal discovery could be fruitfully applied to uncover constitutive relevance relations. This paper is intended as a first step into this new area of philosophical research. I investigate to what extent the PC algorithm, originally (...) developed for causal search, can be used for constitutive relevance discovery. I also discuss possible objections and certain limitations of a constitutive relevance discovery procedure based on PC. (shrink)

How can science be protected, by whom and at what level? If science is valued positively as the incubator of the most successful solutions to representational problems of reality as well as the basis of the most effective interventions in the natural and social world, then its constitutional foundations must be protected. This book develops a specific normative outlook on science by introducing the idea of a 'Constitution of Science'. Scientific activities are special kinds of epistemic problem-solving activities unfolding (...) in an institutional context. The scientific enterprise is a social process unfolding within an intricate institutional framework that structures the daily activities of scientists and shapes their outcomes. Those institutions of science which are of the highest generality make up the 'Constitution of Science' and are of fundamental importance for channelling the scientific process effectively. (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)

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

This paper analyses the American Constitution of 1787 and the Spanish Constitutions of 1812 and 1978. The objective is to analyse their structures and the changes they have undergone throughout history, to find differences that can be explained by the different cultural values that these two groups normally display. As will be seen, the cultural dimension of uncertainty avoidance, amongst others, is the one that has a greater presence in this study. The conclusions drawn from this study show that cultural (...) groups change throughout history, but the cultural roots that they inherit seem to be present through the times. (shrink)

In what sense are the activities and properties of components in a mechanism explanatorily relevant to the behavior of a mechanism as a whole? I articulate this problem, the problem of constitutive relevance, and I show that it must be solved if we are to understand mechanisms and mechanistic explanation. I argue against some putative solutions to the problem of constitutive relevance, and I sketch a positive account according to which relevance is analyzed in terms ofrelationships of mutual manipulability between (...) the behavior of a mechanism as a whole and the properties and activities of its components. My account is a causal-mechanical account in the sense that it is a particular expression of the idea that constitutive explanation is a matter of showing how an explanandum phenomenon is situated within the causal structure of the world. It is thus offered as a rival to epistemic (argument-centered) and psychological accounts of interlevel explanation. (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)