The first issue raised in the paper is difference between social and institutional facts; both exist only because we believe they are real. Second is the claim that belonging to collectives is always a social fact, not necessarily as a result of any decision-making process; it might also become institutional through actual, sometimes only implicit, acceptance of some constitutive rules. Third, accepting constitutive rules functions by setting an irreversible point in time after which the scope (...) of available justificatory reasons for deciding and doing narrows. The implication is that reality of collectives cannot be reduced to individuals. Individuals often participate in this reality by belonging. Belonging thus becomes a social and sometimes also an institutional fact. (shrink)

This book includes ten original essays that critically examine central themes of John Searle’s ontology of society, as well as a new essay by Searle that summarizes and further develops his work in that area. The critical essays are grouped into three parts. Part I (Aspects of Collective Intentionality) examines the account of collective intention and action underlying Searle’s analysis of social and institutional facts, with special emphasis on how that account relates to the dispute between individualism (...) and anti-individualism in the analysis of social behaviour, and to the opposition between internalism and externalism in the analysis of intentionality. Part II (From Intentions to Institutions: Development and Evolution) scrutinizes the ontogenetic and phylogenetic credentials of Searle’s view that, unlike other kinds of social facts, institutional facts are uniquely human, and develops original suggestions concerning their place in human evolution and development. Part III (Aspects of Institutional Reality) focuses on Searle’s claim that institutional facts owe their existence to the collective acceptance of constitutive rules whose effect is the creation of deontic powers, and examines central issues relevant to its assessment (among others, the status of the distinction between regulative and constitutive rules, the significance of the distinction between brute and deontic powers, the issue of the logical derivability of normative from descriptive propositions, and the import of the difference between moral and non-moral normative principles). Written by an international team of philosophers and social scientists, the essays aim to contribute to a deeper understanding of Searle’s work on the ontology of society, and to suggest new approaches to fundamental questions in that research area. (shrink)

Norms explained as grounds of practical judgment, using example of queue. Some norms informal, inexact, depend on common understanding (‘conventions’); some articulated in context of two-tier normative order: ‘rules’, explicit or implicit. Logical structure of rules displayed. Informal and formal normative order explained, ‘institutional facts’ depend on acts and events interpreted in the light of normative order. Practical force of rules differentiated; either ‘absolute application’ or ‘strict application’ or ‘discretionary application’, depending on second-tier empowerment. Discretion can be guided (...) by values, principles standards. Pervasiveness of institutions and institutional facts, especially but not only in relation to institutions of state-law, including constitution and state-institutions. Searle's and Ruiter's theories of institution, institutional fact, considered: ‘constitutive rule’ rejected in favour of ‘underlying principle’, structure of ‘institutive, consequential and terminative’ rules explained and defended. Ruiter's conception of ‘institutional’régime' considered and adopted, validity of norms and normative 'régimes' considered and differentiated from truth of statements of institutional fact. (shrink)

In 1964 Searle argued against the naturalistic fallacy thesis that an ought-statement can in fact be derived from is-statements. From an analysis of this argument and of Searle’s social ontology of 1995 – which includes a full-blown theory of institutional facts – I conclude that this argument is unsound on his own (later) terms. The conclusion that can now be drawn from Searle’s argument is that social or institutional obligations are epistemically objective even though they (...) are observer-dependent. I go on to argue that the strength of such obligations depends on the strength of the underlying collective acceptance, which is a kind of collective intentionality. I also point out that all normativity in Searle’s framework can be traced back to either individual or collective intentionality. This bars him from providing an account of intention-independent moral facts. (shrink)

SOCREAL 2013 : 3rd International Workshop on Philosophy and Ethics of Social Reality 2013. Hokkaido University, Sapporo, Japan, 25-27 October 2013. Session 2 : Imperatives and Norms.

A significant part of contemporary social ontology has been focused on understanding forms of collective intentionality. It is suggested in this paper that the contested nature of some institutional matters makes this kind of approach problematic, and instead an alternative approach is developed, one that is oriented towards a micro-level analysis of the institutional constraints that we face in everyday life and which can make sense of how there can be institutional facts that are deeply (...) contested and yet still real. The model is applied to two main examples, sexism and racism, and it is argued that on this approach it can make sense to understand both of them as institutions in our societies. (shrink)

Drawing on theories of institutional evolution, this article contends that despite the centrality of occupationally based social insurance in postwar Korea and Taiwan, the welfare state has in fact deepened considerably. The analysis is structured around three distinct eras of social policy reform in Korea and Taiwan: the developmental state, democratic transition, and postindustrialism. The authors contend that during each of these eras, the institutional purposes of social policy were altered to meet certain socioeconomic objectives. (...) New institutional purposes were grafted onto the prevailing social insurance model, changing the outcomes of social policy. The developmental state era was productivist in purpose, democratic reform during the 1980s reoriented social insurance toward universalist and redistributive principles, and the post-1997 era refocused social insurance to meet the imperatives of flexible labor markets, demographic shifts, and economic globalization. (shrink)

J. R. Searle’s general theory of social and institutional reality, as deployed in some of his recent work (The Construction of Social Reality, 1995; Social Ontology and the Philosophy of Society, 1998}, raises many deep and interesting problems. Four issues are taken up here: (1) Searle’s claim to the effect that collective intentionality is a primitive, irreducible form of intentionality; (2) his account of one of the most puzzling features of institutional concepts, their having a (...) self-referential component; (3) the question as to the point, or points, of having institutions; (4) Searle's claim to the effect that false beliefs on the part of the members of the relevant community are compatible with the existence of related institutional facts. It is argued that, under all four respects, Searle's theory proves to be hardly satisfactory. (shrink)

We present an inference to the best explanation of the immense cultural success of Freudian psychoanalysis as a hermeneutic method. We argue that an account of psychoanalytic facts as products of unintended declarative speech acts explains this phenomenon. Our argument connects diverse, seemingly independent characteristics of psychoanalysis that have been independently confirmed, and applies key features of John Searle’s and Eerik Lagerspetz’s theory of institutional facts to the psychoanalytic edifice. We conclude with a brief defence of the (...) institutional approach against more contentious social constructivist approaches to science and psychoanalysis. (shrink)

Facts such as the fact that Donald Trump is the US president or the fact that Germany won the 2014 world cup final are commonly referred to as “institutional facts” (“IFF”). I advocate the view that the nature of these facts is comparatively simple: they are facts that exist by virtue of collective recognition (CR), where CR can be direct or indirect. The leading account of IFF, that of John Searle, basically conforms with this definition. (...) However, in his writings Searle has considered or defended several other conditions as potentially necessary for the existence of IFF. In particular, he has considered whether (a) IFF necessarily involve deontic powers, (b) IFF are necessarily so-called “status functions”, (c) IFF require speech acts of Declaring for their existence, (d) IFF require language for their existence. Each of these considerations, if valid, would seem to render the nature of IFF less simple. In this paper, I argue that none of these considerations stand up to scrutiny. Being unaware of any other serious considerations of this kind, I conclude that the nature of IFF is simple as captured by my definition. There is a respect, however, in which my view is possibly less simple than Searle’s, for he suggests that CR is always direct, and never indirect. I reject this suggestion. Indeed, I think that most of the facts existing by virtue of CR exist by virtue of indirect CR. Some authors have (or at least might be construed as having) objected that CR is not even necessary for the existence of IFF. I argue that the account defended here is immune to these objections. (shrink)

Presence as ordinarily understood requires spatio-temporal proximity. If however Christ’s presence in the Eucharist is understood in this way it would take a miracle to secure multiple location and an additional miracle to cover it up so that the presence of Christ where the Eucharist was celebrated made no empirical difference. And, while multiple location is logically possible, such metaphysical miracles—miracles of distinction without difference, which have no empirical import—are problematic. I propose an account of Eucharist according to which Christ (...) is indeed really and objectively present in the religiously required sense, without benefit of metaphysical miracles. According to the proposed account, which draws upon Searle’s discussion of “social ontology” in The Construction of Social Reality and The Making of the Social World, the presence of Christ in the Eucharist is an institutional fact. I argue that such an account satisfies the requirements for a real presence doctrine. (shrink)

Institutions are norm-governed social practices, or so I propose. But what does it mean for a norm to govern a social practice? Theories that analyze institutions as equilibria equate norms with sanctions and model them as costs. The idea is that the sanctions change preferences and thereby behavior. This view fails to capture the fact that people are often motivated by social norms as such, when they regard them as legitimate. I argue that, in order for a (...) social norm to be perceived as legitimate, agents have to acknowledge reasons for conforming to it other than the sanctions they might incur for violating it. In light of this, I defend a theory of institutions that does not only invoke equilibria, but also normative rules that are supported by normative expectations and, in some cases, normative beliefs. (shrink)

Kenneth Silver has recently argued that backwards causation is common in the context of social institutions. I consider this claim in detail and conclude that backwards causation is not the most plausible interpretation of what is going on in the cases Silver considers. Nonetheless, I show that these cases can teach us some interesting lessons about institutional facts. In particular, I argue that in order to avoid contradiction due to conflicting declarations in these cases, we must conclude (...) that the properties involved in institutional facts are relational properties. (shrink)

In our earlier work, we argued, contra Searle, that institutional facts can be understood in terms of non-institutional facts about actions and incentives. Butchard and D’Amico claim that we have misinterpreted Searle, that our main argument against him has no merit and that our positive view cannot account for institutional facts created via joint action. We deny all three charges.

In The Construction of Social Reality, John Searle develops a theory of institutional facts and objects, of which money, borders and property are presented as prime examples. These objects are the result of us collectively intending certain natural objects to have a certain status, i.e. to ‘count as’ being certain social objects. This view renders such objects irreducible to natural objects. In this paper we propose a radically different approach that is more compatible with standard economic (...) theory. We claim that such institutional objects can be fully understood in terms of actions and incentives, and hence the Searlean apparatus solves a non-existent problem. (shrink)

John Searle’s conception of institutional facts figures centrally in his latest works. It is defective for several reasons: (1) Searle’s argument for philosophical realism is inconsistent. (2) Searle’s conceptions of consciousness and collective intentionality are problematic. (3) The notion of normativity is indispensable in Searle’s system, but cannot be accounted for and makes wide parts of his theory superfluous. (4) It is not clear what entities might be regarded as institutional facts. These problems have a common (...) source: The philosophical basis of Searle’s theory, his combination of realism and physicalist monism, clashes with his thesis that both the 'first-person-ontology' and normativity are irreducible. (shrink)

John Searle’s conception of institutional facts figures centrally in his latest works. It is defective for several reasons: (1) Searle’s argument for philosophical realism is inconsistent. (2) Searle’s conceptions of consciousness and collective intentionality are problematic. (3) The notion of normativity is indispensable in Searle’s system, but cannot be accounted for and makes wide parts of his theory superfluous. (4) It is not clear what entities might be regarded as institutional facts. These problems have a common (...) source: The philosophical basis of Searle’s theory, his combination of realism and physicalist monism, clashes with his thesis that both the 'first-person-ontology' and normativity are irreducible. (shrink)

Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. (...) An important characteristic of an institution’s purpose is its deontic status, i.e. whether it is morally impermissible, merely permissible, or mandatory. Although this matters, it does so in some non-obvious ways; the mere fact of a morally impermissible purpose is not necessarily delegitimating, for example. I also consider the problem of conflicting, multiple, and contested institutional purposes, and the different theoretical roles for institutional purpose. Understanding how differences in purpose matter for an institution’s legitimacy is one part of the broader project of theorizing institutional legitimacy in the many contexts beyond the traditional context of the state. (shrink)

L'analyse du concept de « sécularisation » et l'observation des données sociales et culturelles montrent que le « contrôle social » exercé par les institutions religieuses s'est affaibli dans nos sociétés modernes. Mais les changements dans la réalité de la vie sociale ne signifient pas la disparition de la religion : la culture sécularisée, inévitable et légitime, est une culture dans laquelle la religion, à titre de fait anthropologique, est ajustée à la différenciation et à la dynamique institutionnelle et (...) culturelle des sociétés modernes. The analysis of « secularization » and the observation of social and cultural facts point out that the « social control » operated by religious institutions is weakened in our modern societies. But the transformation of social life doesn't mean a decline of religion; secularized culture, unavoidable and legitimate, is a culture where religion, as an anthropological fact, is adapted to the institutional and cultural différenciation and dynamism of modern societies. (shrink)

I aim to analyze in this dissertation what a desirable basic institutional structure looks like from the perspective of rationality. While the main topic is thus normative in nature, I start by clarifying in the first part what the notion of rationality exactly entails. I do so by focusing explicitly on the economic conception of rationality, according to which a rational individual is motivated to serve his self-interest on the basis of cost-benefit calculations. Such a Homo Economicus is characterized (...) by his intentional and instrumental actions, his perfectly informed beliefs and his exogenously given and egoistic preferences. In my view, however, this model is inadequate if one aims to understand what it means to be rational. The requirements that actions should be instrumental, beliefs should be based on perfect information and preferences should be exogenously given and egoistic in nature turn out to be overly demanding in this respect. That is why I propose to drop these assumptions in what I label the minimal conception of rationality. Since the latter turns out to be very formal indeed, I propose two further alternatives, which focus not so much on the choice of means to achieve certain goals, as they focus on the choice of these goals themselves. According to the first, broad conception, actions are rational if they are based on good reasons, which are further qualified as well-informed beliefs and autonomous preferences. According to the second, expressive conception, actions, beliefs and preferences are rational if they express the things the individual at hand cares about. The latter requires that individuals can reflect upon and identify with their reasons, which implies a capacity to reflect upon and distance themselves from their own bundle of preferences. In the second part of this dissertation, I try to show the value and limitations of these conceptions by applying them to the context of large-scaled elections. In this respect, it becomes immediately clear that the economic conception fails to explain why quite a lot of people go out and vote. After all, since a single vote has only an infinitesimal impact on the electoral result, it does not enable people to serve their interests or realize their goals. This leads to the so-called voting paradox, according to which no rational individual will decide to vote. The standard solution is to assume that individuals vote because they derive satisfaction from the very act itself. However, this strategy is rather ‘ad hoc’ and does not explain how people vote once they find themselves inside the voting booth. The expressive conception of rationality does better in this respect. It suggests that people vote because they care about democracy in general or about a specific political candidate or ideology. Since they conceive of themselves as being a good citizen, they express this aspect of their identity by going out to vote. In the third part of this dissertation, I analyze more fully the normative implications of the different conceptions of rationality. More specifically, I try to answer the question which basic institutional structure is desirable if one assumes that people are by and large rational. This immediately shows that both the normative issue and the explanatory issue are closely connected. In my view, proposals regarding institutional design and reform should be based on empirically adequate models of individual actions and motivations. This search for a realistic utopia goes against the conventional strategy of most economists. They rely on the Homo Economicus model, even if this fails to explain individual behavior. To explain more fully what the normative implications are of the counterfactual assumption that all people are economically rational, I focus on the work of James Buchanan. In his theory of constitutional choice, he argues in favor of a minimal state whose only task is to make sure that the market functions properly. Buchanan thus favors strict constitutional limitations for governments, which tend to expand beyond legitimate borders as soon as politicians and public servants are allowed to serve their own interests. In my view, however, the abovementioned criticisms of the Homo Economicus model have theoretical as well as normative implications. After all, the empirically supported fact that a majority of individuals does not act in economically rational ways creates more room for legitimate government intervention. Expressively rational citizens will, for example, more easily agree on the necessity and desirability of a collective provision of certain public goods. In addition, expressively rational politicians and public servants can be more easily trusted to serve the public interest rather than their narrowly defined self-interest. As an alternative to Buchanan’s one-sided focus on economic rationality and the market, I focus on the work of Samuel Bowles en Herbert Gintis. More specifically, I explore their work on the phenomenon of strong reciprocity, which refers to the widespread tendency of people to reward prosocial behavior and punish antisocial behavior, even if this is costly for themselves. Since this is clearly economically irrational, Bowles and Gintis propose to complement the Homo Economicus model with the Homo Reciprocans model. This model, which comes close to the expressive conception of rationality, is able to incorporate the insight that social norms surrounding reciprocity, cooperation and fairness are crucial in regulating interactions. At the normative level, Bowles and Gintis stress that such norms often lead to socially desirable outcomes, since they enable people to live in harmony without relying on coercive and costly government interventions. This suggests that the debate between proponents of the market on the one hand and the state on the other hand neglects the importance of communities where people spontaneously interact on the basis of generally prosocial norms. As such, the insights of Bowles and Gintis lead to a defense of a basic institutional structure in which markets, states and communities mutually complement and reinforce each other. They also justify a general optimism as regards to the capacity and motivation of people to try and improve the rules and institutions that govern their everyday lives. (shrink)

The idea that we can properly be held responsible for what we believe underlies large stretches of our social and institutional life; without that idea in place, social and institutional life would be unthinkable, and more importantly, it would stumble and fall. At the same time, philosophers have argued that this idea is strange, puzzling, beyond belief, false, meaningless or at any rate defective. The first section develops the alleged problem. The burden of this paper, however, (...) is not to discuss the merits of this idea but rather to measure the damage in case the idea turns out to be defective indeed. This is done by substantiating the claim that this idea indeed underlies large and important stretches of our social and institutional life. Section 2 substantiates that claim by presenting the results of a web search on the use of what I call "deontological epistemic expressions", i.e. expressions in which deontological and epistemological notions (both broadly construed) are combined; examples are "obligation to believe", "not permitted to forget", "right to know". The ubiquitous use of these expressions, I argue, is linguistic evidence for the claim that the contested idea indeed pervades our social life. Linguistic evidence, however, can be frail and misleading. From the fact that we say that the shade is moving we cannot conclude that shades really exist; likewise it may not be permitted to conclude from the ubiquitous use of deontological epistemic expressions that there really are doxastic obligations (and hence doxastic responsibilities). The third section, therefore, moves beyond the linguistic evidence and discusses two social institutions, viz. education and law as we find them in modern Western societies, and argues that they cannot be made sense of unless the contested idea is in place. Educational and legal systems of course vary greatly throughout the Western world. Such differences as exist, however, are irrelevant for the claim I will be making in this paper. The final section states the conclusion. (shrink)

Rationality, Norms and Institutions: In Search of a Realistic Utopia The main goal of political philosophers is to search for a realistic utopia by taking individuals as they are and institutions, rules and laws as they might be. Instead of trying to change either individuals or institutions in order to improve society, this article argues that both strategies should be combined, since there are causal connections running both ways. Because individuals ultimately devise and uphold institutions, one should be optimistic about (...) the possibilities of deliberately improving society through institutional reforms. However, one should adequately model the influences that these reforms have on individuals, their identities and their motivations. From the fact that individuals can actually turn into egoists if they are treated as such, this article stresses the need to detect and maintain non-egoistic motivations. Since informal norms, for example, motivate individuals to socially desirable action, it is important to devise formal institutions that support rather than erode norm-guided behavior. (shrink)

The relationship between psychological research and the development of social policy is controversial, as is any discussion of the role of values and morals within science. Three particular instances of this controversy are evident in psychological research conducted on affirmative action, child abuse, and abortion. The American Psychological Association (APA) in fact takes a particular organizational stance on these issues. APA's Ethics Code provides some guidelines for dealing with issues of personal values as they impact psychological research and the (...) development of social policy. An important distinction can be made between the issues psychological research can reasonably address using empirical data and the issues about which psychologists should take a stand. Ethical guidelines can help psychologists make this distinction as well as inform their subsequent actions. One pertinent recommendation is that psychologists, when serving in their professional role, should be clear regarding whether empiricism or personal belief is guiding their public statements. (shrink)

Mainstream moral beliefs about war seem to be inconsistent with mainstream moral beliefs about self-defense such as the imminence requirement, the requirement to retreat, and restrictions on responses to conditional threats. The chapter argues that these apparent inconsistencies are actually the result of the necessity principle applied to environments with different nonmoral social facts. War takes place in the anarchy of international relations, where a lack of effective cosmopolitan security institutions makes it necessary to confront nonimminent threats, stand (...) one’s ground, and respond to conditional threats in order to defeat and deter aggression. Self-defense, on the other hand, usually occurs in societies with effective police. In such an environment, it is unnecessary for private citizens to take similar actions to defeat and deter aggression. This is a good reason to believe that mainstream moral beliefs about war are closer to the true morality of war than recent critics claim. (shrink)

The jurists of classical Islamic Law defined the interior forum as a limit to the religious validity of the sentences of Muslim judges , because these have neither access to God's knowledge nor to the individual believer’s conscience and motivations. They can base their decisions solely on exterior appearances and can, therefore, neither be sure that their judgments correspond to the facts nor to the intentions and memories of the individuals concerned. This holds especially true for questions of belief (...) and unbelief. From the eighth to the nineteenth century, the norms of Islamic law were the result of learned debates among independent jurists and their schools of law. In the nineteenth and twentieth centuries, it was integrated into the codes enacted by the competent institutions of the national states and lost its normative authority in most spheres of the modern state law. It remained dominant only in personal statute law, i.e. the rules concerning marriage and divorce, family and succession. From the early seventies of the twentieth century, opposition against the neglect of religious norms in modern state law was centered on the demand for the “codification of Islamic law” . Its leaders were jurists trained in modern law faculties, who wanted to insert the norms of classical Islamic Law into the codes of the national state with which they are familiar. The ethical debates of classical Islamic law, obviously, did not lend themselves easily to such an approach.The jurists movement for the codification of Islamic law gained in momentum during the eighties when, in a number of states, it succeeded in assuring for the classical apostasy rules a place in the modern criminal codes. In other states, such as Egypt, the highest courts opened the way for apostasy trials. The analysis of one apostasy judgment of the highest Egyptian court shows that the court understands belief and apostasy as objective facts that can be separated from the person who professes or denies them. It is on this question that my lecture focuses. The court effectively claims the role of the highest instance in questions of belief and unbelief. Belief and apostasy thus become depersonalized objective facts without any relation to the intentions of the individuals concerned. The court’s sentence does not refer to the believer’s own interior forum : the concept seems to be irrelevant to the judges. Their definition of apostasy serves to control the ideas that can legitimately be discussed in the public sphere. It denies bold reinterpretations of Islam, but also a number of political persuasions and theories, the right of access to the public space and assigns them the private sphere as their legitimate abode. A new concept of private and public is thus developed in the detailed reasoning by which the court justifies its judgment.There is, to my understanding, nothing in the religion of Islam that renders such a stance necessary. Other courts, in Egypt, develop other ideas of the principles of Islamic normativity and in other Arab states go so far as to develop a concept of privacy that would forbid the debates discussed in this lecture. It seems important to underline that the use of classical elements in the court’s judgment does not conceal the fact that the ethical criteria of classical Muslim law find little place in this jurisdiction that represents a special version of modern legal positivism. (shrink)

In order to account for the mode of existence of social rules and norms, the author develops a theory of the emergence of institutional facts. Just as other kinds of institutional fact, rules and norms are meanings. Therefore, insight into the emergence of social rules and norms can be achieved by studying the recognition and the communication of meanings. Following accounts of meaning and factuality, institutional facts are characterized as unquestionable shared typifications. It (...) is argued that, in becoming an institutional fact, a typification goes through two phases. First, it becomes a social habit. Second, this habit turns into an obligation by being objectified. (shrink)

This article discusses three topics that have been the subject of debate in recent scholarship on Hegel's social and political philosophy: first, the relevance of Hegel's systematic metaphysics for interpreting Hegel's social and political writings; second, the relation between recognition, social institutions, and rational agency; and third, the connection between the constellation of institutions and norms that Hegel calls “ethical life” and Hegel's theory of freedom. This article provides a critical overview of the positions in these three (...) debates. In the case of the first debate, I clarify the conceptual terrain by distinguishing between several kinds of systematicity that are at issue. In the case of the second debate, I argue that the views of two of the major participants, Axel Honneth and Robert Pippin, are in fact compatible. In the case of the third debate, I seek to clarify the connection in Hegel between two different ideas of freedom in ethical life, each of which has been emphasized by different interpreters of Hegel: the idea of freedom as non-alienation and the idea of freedom as social freedom. I conclude with a discussion of the ways in which ethical life, for Hegel, enables the freedom of individuals. (shrink)

There is an embarrassing polarization of opinions about the status of economics as an academic discipline, as reflected in epithets such as the Dismal Science and the Queen of the Social Sciences. This collection brings together some of the leading figures in the methodology and philosophy of economics to provide a thoughtful and balanced overview of the current state of debate about the nature and limits of economic knowledge. Authors with partly rival and partly complementary perspectives examine how abstract (...) models work and how they might connect with the real world, they look at the special nature of the facts about the economy, and they direct attention towards the academic institutions themselves and how they shape economic research. These issues are thus analysed from the point of view of methodology, semantics, ontology, rhetoric, sociology, and economics of science. (shrink)

In order to account for the mode of existence of social rules and norms, the author develops a theory of the emergence of institutional facts. Just as other kinds of institutional fact, rules and norms are meanings. Therefore, insight into the emergence of social rules and norms can be achieved by studying the recognition and the communication of meanings. Following accounts of meaning and factuality, institutional facts are characterized as unquestionable shared typifications. It (...) is argued that, in becoming an institutional fact, a typification goes through two phases. First, it becomes a social habit. Second, this habit turns into an obligation by being objectified. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 22 (2002) 47-60 [Access article in PDF] Economic Aspects of Social and Environmental Violence from a Buddhist Perspective Sulak Sivaraksa Pacarayasara I have been asked to write on some economic aspects of social and environmental violence, approaching the subject from a Buddhist perspective. Indeed this invitation offers a wide range of choices, but I shall try to keep my subject matter fairly general and straightforward. (...) The present economic reality, widely known as neoliberal capitalism, prizes the accumulation of profits over human well-being and environmental sustainability. As such, it is criminal and hence definitely not the way to regulate or organize the global society. The present trend, however, is increasingly giving the agents and institutions of capital a free hand to do so.The main beneficiaries of this violent and highly unjust system are invariably transnational corporations (though some critics prefer to call them transnational tyrannies), big financial investors, and their supporters. Roughly two-thirds of what is known today as world trade are simply intrafirm or interfirm trade. Small wonder that they are virtually the present-day "masters of the universe," increasingly accumulating special rights, influence, and power vis-à-vis the mass of humanity. An open secret is that the wealthiest 20 percent of the world's population receive 83 percent of the world's total income—a fact that no longer creates consternation or moral outrage in the mainstream; rather, it is taken as a healthy phenomenon that will contribute to human progress. Moreover, the environment is being plundered to quench the greed—which happens to be a bottomless pit—of the few. Inevitably, this creates a two-tiered system both within and between countries; a small opulent minority builds their castles on the suffering and impoverishment of the absolute majority of humanity. A large segment of humanity enjoys freedom with no opportunities and has the freedom to starve but does not enjoy freedom from poverty. Everyday thousands of children are dying from easily preventable disease. Millions more are malnourished or starving. It is against this backdrop that we need to discuss some of the economic aspects of social and environmental violence from a Buddhist perspective.Let us first deal with the production side of the capitalist equation. What is its main driving force and value system? How do they impact social organization and the environment? [End Page 47] Undeniably, the fuel that keeps the capitalist engine running is profit: the more of it, the better, the argument goes. Hence, corporations must be free to pursue it at all costs. The ends justify the means. It is also argued that the profit generated by the system will eventually trickle down to benefit the mass of humanity. The available evidence points otherwise. To be fair, capitalism does generate some benefits to humanity, but they are largely unintended by-products of the system.In the mainstream discourse, profit is said to derive solely from entrepreneurship —a concept that acts as a bicarbonate of soda for intellectual and moral indigestion. In reality, the easiest and cheapest way to reap massive profit is exploitation or ostracism: One is rich by keeping or making others poor, directly or otherwise. The masters then seek solace in the tenuous assumption that the global economy utilizes the best and disposes the rest. Furthermore, the environment is seen as a subsystem of international capitalism, not vice versa. Hence it is to be raped in order to lubricate the wheels of the capitalist machine. Put differently, the insatiable quest for profit upheld by capitalism really reflects greed, hatred, moral callousness, and wanton criminal negligence toward the well-being of the people and environment. The name of the game is getting ahead even at another's expense, to rise to the top of the pecking order. If one frequents any bookstore, one is likely to find business books with interesting titles such as Divide and Rule and Colonizing the Market. This nefarious aggressiveness is benignly known as "free competition" in mainstream parlance. Those who succeed to the top are lauded as "efficient." If allowed to have a firm... (shrink)

In two articles, Smits, Buekens, and du Plessis have argued that John Searle’s account of institutional facts suffers serious flaws and should be replaced with a reductive account they call “incentivization.” We argue against their view in two ways. First, the specific flaws they find in Searle are based on misunderstandings. Second, “incentivization,” as they present it, fails as a reduction of strict collective actions and, thus, cannot account for institutional facts such as money or property.

Few outstanding questions in the human behavioral sciences are timelier or more urgently debated than the evolutionary source of religious behaviors and beliefs. Byproduct theorists locate the origins of religion in evolved cognitive defaults and transmission biases. Others have argued that cultural evolutionary processes integrated non-adaptive cognitive byproducts into coherent networks of supernatural beliefs and ritual that encouraged in-group cooperativeness, while adaptationist models assert that the cognitive and behavioral foundations of religion have been selected for at more basic levels. Here, (...) we survey these differing approaches, noting their respective strengths and weaknesses. We then advance a novel model that centers on the ability of language to generate alternative worlds independent of immediate empirical facts, and thus highlight the similarities between religious belief and the modes of cognition that underlie institutions in general. The institutional cognition model of religion accounts for some of the shortcomings of extant approaches and draws attention to the human ability to create non-empirical worlds; that is, worlds that are imaginary. Both religious beliefs and institutional facts—such as jurisdictional borders—are non-empirical assertions, yet they are socially accepted as truths and reified through ritual and behavior. One type of non-empirical, linguistically generated belief—supernatural agent belief—is particularly effective for stabilizing systems of arbitrary norms by rooting them in deontic rather than utilitarian reasoning. The evolutionary roots and continued persistence of religion are thus functions of the capacity for humans to generate cognitive alternatives to empirical reality, and the need to stably coordinate those alternative conceptions. (shrink)

The Communicational Theory of Law (CTL) usually differentiates between Legal Sociology and Legal Theory, in the sense that Legal Sociology is concerned with the social validity of the rules and Legal Theory with the formal or legal validity of the rules. It can be argued that both disciplines are two different perspectives of the same empirical reality (legal rules). Also, legal System and social milieu are two closely linked realities; they cannot be separated because they need each other. (...) The Law is the form or order that the social milieu takes, and, at the same time, the social environment provides the ideas, collective representations and other matters that need a legal regulation. For this reason, the epistemological separation between Sociology and Legal Theory must be overcome when the theoretical perspective comes to legal decisions. Thus, the decisional moment becomes the meeting point between the legal System and the social milieu. This is where the concept of the legal System fulfils its main function, as it allows for the dynamism and adaptability of the legal order. The hermeneutic re-elaboration of the normative texts will be the channel through which the social facts and other material elements can inform the meaning or possible interpretations of the rules and institutions of the legal order. This happens primarily by influencing theoretical and doctrinal works of an expository and didactic nature; and secondarily by influencing the decisions of legal operators and courts. This study seeks to explain how the social context influences legal decisions and the formation of the legal System, from a communicational perspective of Law. In order to do so, it will be necessary to set out two epistemological premises of CTL: the semiotic tripartition of the Theory of Law and the legal Order-legal System distinction. (shrink)

In two articles, Smits, Buekens, and du Plessis have argued that John Searle’s account of institutional facts suffers serious flaws and should be replaced with a reductive account they call “incentivization.” We argue against their view in two ways. First, the specific flaws they find in Searle are based on misunderstandings. Second, “incentivization,” as they present it, fails as a reduction of strict collective actions and, thus, cannot account for institutional facts such as money or property.

In lieu of an abstract, here is a brief excerpt of the content:Memory and the Instituting Social ImaginaryNancy Nyquist Potter*, PhD (bio)Emily Walsh's Article on the way that colonialism is perpetuated in psychiatry through dominant collective memory is simultaneously exciting and challenging, and merits active engagement toward making changes (Walsh, 2022). This presents a challenge to clinicians to address entrenched, often subconscious, ways of being with and helping racialized people with historical memories and current experiences.Such changes are necessary in (...) that dominant collective memory is contributory to mental illness, as Walsh writes. It also contributes to what Walsh calls a traumatic loop, whichinvolves feeling unwell due to racist abuse or the effects racialization has on the psyche, then being unable to voice these concerns to the practitioners who desire to help you. Not having the opportunity to voice these concerns can make patients feel as though these memories are not important, thereby invalidating their own negative experiences of racialization.(Walsh, 2022, p. 232)For these reasons, it is crucial that psychiatrists fully understand the harm they can do by reproducing dominant collective memories and work to change this in themselves and in the institutional systems in which they see patients/service users.I focus on one question briefly and then turn to the heart of active engagement.The question concerns what the content of dominant collective memory is and how it might play out in a particular interaction in psychiatry. This is important for clinicians who want to learn what sorts of changes need to be made in order not to continue to enact colonialism and to avoid doing harm. Walsh does a fine job setting out forms of memory and how Fanon (and she) suggest that clinicians can assist patients toward liberation from dominant collective memory. Yet I am left with uncertainty about what sorts of dominant memory serve to deny the violence in the colonized. A bit of filling out on this idea would help the motivated to move toward change.A pressing question is how to facilitate such changes. Both the limitations and the possibilities of the social imaginary can help us understand why change is so difficult and yet how it nevertheless is possible and, in fact, necessary. The social imaginary, as Code explains it, "refers to implicit but effective systems" of values, meanings, interpretations of reality, norms for living, what counts as knowing and who can be knowers, that are found in a social-political order in ways that shape our sense of self, our ways of relating to others, our responsibilities, and a sense of place (Code, 2008, pp. 31–32). The instituted social imaginary, then, tells us what sorts of persons we should be and [End Page 241] how we should see and treat others. It shapes memories and limits which memories—and whose memories—get acknowledged and which ones and whose memories are erased or ignored. It is difficult to see for what it is because it is implicit and assumed to be fixed and natural. However, this is the instituted social imaginary, where the content of the imaginary is taken as given and is naturalized. It trades in stereotypes of Black and Indigenous and other people of color as well as stereotypes of queers, people living with disabilities, the homeless, and others. It is harmful in that it perpetuates those stereotypes, controls patients/ service users, negates their own personal and community identities, and erases episodic memory. It is difficult to change because it is entrenched and often not questioned. Nevertheless, the instituted social imaginary is not totalizing. There is hope, and energy, and excitement to be found in active engagement with an instituting social imaginary. Here, we find people and communities working to critique the given, the naturalized, and even ourselves: "Imaginatively initiated counterpossibilities interrogate the social structure to destabilize its pretensions to naturalness and wholeness, to initiate a new making" (Code, 2008, pp. 34–35). In the final section, I begin to fill out these moves in relation to Walsh's work on memory and psychiatry.Clinicians are trained to be good listeners, and many of them already practice good listening skills in interacting with their patients/service users. However, many patients' experiences... (shrink)

This volume presents a systematic philosophical theory related to the collectivism-versus-individualism debate in the social sciences. A weak version of collectivism (the "we-mode" approach) that depends on group-based collective intentionality is developed in the book. The we-mode approach is used to account for collective intention and action, cooperation, group attitudes, social practices and institutions as well as group solidarity.

Economic research is often isolated from social and political deliberations. Politicians put distinct results together in ad hoc ways. This state of affairs is explained as a result of equating rationality with coherence, system, and justification; the rationality principle, according to which social facts are to be explained as the result of coherent and/or justified plans of individuals, is singled out as the prime source of the isolation. A revised version is proposed which dispenses with the need (...) for justification and/or coherence for rational action of individuals. Partially rational actions are attempts to solve problems within given institutional contexts; individual rationality is a social activity whose value depends on the quality of social standards which individuals use to guide their thought. This revision removes barriers between economic, social, and political theories, without blocking social scientific explanation. Indeed, it opens up possibilities now blocked. (shrink)

In spite of contemporary theoretical disagreement on the nature of language, there is a widespread informal agreement about what linguistic facts are. This article argues that a functional approach to language can provide the foundation for an explicit account of what the informal consensus implies. The account bridges the ‘internalist’ and the ‘externalist’ views of language by understanding mental constructs such as those involved in human languages as aspects of a dynamic social equilibrium. As in evolutionary biology, processes (...) of selection can work to stabilize certain features while others vary; and this process (in which ‘function’ plays a key role) is a necessary supplement to a purely mentalist account. This position is seen as a development of the position of Searle on social facts and Keller on language change. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Modern Maistre. The Social and Political Thought of Joseph de MaistreAbraham AndersonOwen Bradley. A Modern Maistre. The Social and Political Thought of Joseph de Maistre. Lincoln: University of Nebraska Press, 1999. Pp. 320. $55.00.In A Modern Maistre, Owen Bradley has sought to defend both the theoretical penetration and the practical wisdom of Joseph de Maistre, most famous of all "reactionaries" or royalist opponents of the (...) French Revolution. Bradley's own explicit philosophical premises are those of the contemporary academic Left—the blend of Foucault, Adorno, and other authors commonly known as "theory." He defends Maistre's claims on our attention partly by pointing to the kinship between the latter's critique of the Enlightenment and that of Foucault, Adorno, et al. Further, Bradley reminds us of the intimate relation between anti-revolutionary thought and historicism, here understood as the doctrine that new climates of belief and social arrangements always have their roots in what precedes them. In this as in other respects he allows us to see the kinship between the thought of Maistre and that of his younger and more liberal contemporary Tocqueville.Maistre was, moreover, a seminal thinker for the French tradition of sociology whose best-known representatives are Comte and Durkheim, and which, like him, was concerned above all with the religious conditions of social order. Maistre was himself a disciple not just of Vico's New Science but of Plato's Republic and Laws, works equally preoccupied with this topic. One of the most interesting themes of the book, in fact, is Maistre's concern with political theology.Maistre was particularly attracted, Bradley shows, to the neo-Platonic and possibly heterodox theology of Origen. The neo-Platonic emphasis on symbols, talismans, and cosmic hierarchy, according to Bradley, helped Maistre formulate his criticism of the "mechanical philosophy" of the Cartesian Enlightenment, the metaphysical premise, according to Maistre, of the Revolution. Maistre, Bradley shows us, argued against the Enlightenment's attempt to replace a politics dependent on faith with one based on modern science partly by showing that modern science itself has its roots in mysticism, magic, and enthusiasm. The Enlightenment, which understood itself as entirely secular in spirit, was ruled by a project of salvation descended from ancient gnosticism. As the gnostics sought salvation through the rejection of the world of creation, the Enlighteners sought political salvation through a rejection of all traditions and institutions, a project which culminated in the Jacobin Terror.But political violence, in Maistre's view, does not stem from theological error alone. According to Maistre, "sacrifice" in the larger sense is central to all human societies. The problem of political order is in large part how to channel the impulse to collective cruelty, which is necessary to political order but can be restrained or allowed to run [End Page 287] wild. Politics is largely theater and symbol; the wise use of these elements is indispensable for taming the love of violence.Maistre's famous assertion of the authority of the Pope is not, Bradley insists, a formula for theocracy; rather, the preservation of a spiritual power distinct from and independent of the sovereign serves to check tyranny without subverting sovereignty (132). Such a spiritual power is necessary partly to preserve "unity of fables, which will never happen without unity of doctrine and authority" (195).Maistre's interest in political theology is continuous with an interest in the political significance of cosmology. Every society, Maistre held, including the Enlightenment, has a view of the cosmos to which its conception of society precisely corresponds. Maistre himself seeks to inflect modern cosmology in various ways. Like Tocqueville and Vico, Maistre uses the doctrine of historical forces to propound a teaching on Providence. The Jacobins themselves, Maistre asserts, were instruments of Providence. Far from emancipating mankind, the Revolution "abruptly shortened" the "chain that binds man" within his proper bounds (215).Bradley does Maistre a valuable service by criticizing misinterpretations of his thought by later defenders of extra-constitutional authority, like Maurras and Carl Schmitt; Maistre himself, Bradley shows, was deeply concerned to preserve constitutional legitimacy and opposed absolutism. Bradley's most interesting chapter is his last one, on Maistre... (shrink)

Margaret Gilbert has defended the claim that her plural subject theory can give a reasonable account of retrospective (or backward-looking) collective responsibility. On one occasion, publishing in this periodical, she writes that she deliberately left out the discussion of prospective (or forward-looking) collective responsibility, or the “responsibilities” of a collective. In the present paper, I want to show that plural subject theory, in fact, also allows accounting for prospective responsibilities of groups and institutions. In order to do so, I will (...) first sketch the social ontological background of my discussion which is, in fact, an amended version of Gilbert’s theory of plural subjects (§ 2). Based on the assumption that a prospective responsibility accrues from some kind of commissioning, I will then discuss a variety of possible sources of prospective collective responsibilities: self-commissioning, third-party commissioning and what I will call commissioning by unique capability (§ 3). Having done so, I will discuss some consequences of this account and defend it against objections (§ 4). (shrink)

This paper discusses the conditions for legitimate expert arrangements within a democratic order and from a deliberative systems approach. It is argued that standard objections against the political role of experts are flawed or ill-conceived. The problem that confronts us instead is primarily one of truth-sensitive institutional design: Which mechanisms can contribute to ensuring that experts are really experts and that they use their competencies in the right way? The paper outlines a set of such mechanisms. However, the challenge (...) exceeds that of producing epistemically optimal expert deliberations because a deliberative political system must also fulfil the ethical and democratic requirements of respect and inclusion. Yet, epistemic concerns justify expertise arrangements in the first place, and measures taken to make the use of expertise compatible with these requirements have to balance the potential rewards from expertise against potential deliberative costs. In the final part of the paper, the regulatory framework of a best practice expert advice system is tentatively analysed to illustrate the applicability and critical potential of our approach. (shrink)

Most research studying the corporate social performance –corporate financial performance link has utilized developed country samples. Also, this literature has generally focused on a wide variety of industries, ignoring the fact that certain sectors – such as controversial industries – have graver social and environmental issues. Hence, a gap exists in this tradition when it comes to emerging markets and controversial industries. This paper attempts to fill this void by providing preliminary evidence and insight on the matter. Based (...) on an exploration in six Latin American countries and five controversial industries, we find a negative bidirectional association between CSP and CFP. These results tend to contradict the mainstream conclusion of a positive bidirectional link, suggesting that institutional and market-level forces play a major role in shaping this relationship. (shrink)

Over the last three decades, the art market has undergone a remarkable transformation. Before the 1990s, artworks were sold with hardly any concern about whether they had been stolen or looted, whereas now any reputable gallery or auction house checks the “provenance” of any substantial work before sale. This transformation reflects interlocking changes in law, norms, and institutions. New York’s and more broadly the United States’ assertion of jurisdiction and application of U.S. substantive law has destabilized title to stolen and (...) looted goods worldwide because American statutes of limitations generally provide weaker protection for those who possess stolen or looted goods even in good faith. Application of American law has had a profound effect, especially for the high end of the market, because European or Asian investors who purchase art outside of the U.S. may eventually want to sell or display their works in the U.S. Defective title under American law thus affects prices worldwide. The tightening and broader application of American law reflects both longstanding legal principles and changes in social norms towards the redress of historical wrongs, most notably prominent campaigns relating to art confiscated or sold under duress in Nazi Germany. New institutions, most importantly searchable databases recording stolen and looted art such as the Art Loss Register, are also changing perceptions about minimum standards for good faith purchase, which in turn affects both social norms and court cases. These new norms, induced by both legal changes and better information, have influenced the market even for less valuable art, for which sale or display in the U.S. is not a relevant consideration and for which the threat of costly legal action is not credible. The fact that social and institutionalized norms play an important role in protecting original owners is probably good, because norms and institutions can be effective even where law is not and often do so at lower cost. (shrink)

Saying so can make it so, J. L. Austin taught us long ago. Famously, John Searle has developed this Austinian insight in an account of the construction of institutional reality. Searle maintains that so-called Status Function Declarations, allegedly having a “double direction of fit”, synchronically create worldly institutional facts, corresponding to the propositional content of the declarations. I argue that Searle’s account of the making of institutional reality is in tension with the special theory of relativity—irrespective (...) of whether the account is interpreted as involving causal generation or non-causal grounding of worldly institutional facts—and should be replaced by a more modest theory which interprets the results of Status Function Declarations in terms of mere Cambridge change and institutional truth. I end the paper by indicating the import of this more modest theory for theorizing about the causal potency of institutional phenomena generated by declarations. (shrink)

Drawing on interviews with decision makers in multinational corporations (MNCs) in South Korea, we examine the role of informal networks in the social exclusion of women in the workforce. Although legislation in the country is in favor of gender equality, we found that informal barriers in the workplace remain difficult to overcome. Informal networks in Korea, yongo, present an ethical issue in the workplace, as they tend to socially exclude women, limiting possibilities for their participation and career progression. We (...) found that informal networks are pervasive and strong because of the informal institutions in which they are embedded and that there is a complex interplay between informal networks and informal institutions that socially excludes women. Due to difficulties accessing yongo, women appear to build inmaek, a network type that is more open and accessible. We also found that MNCs in Korea can compensate for the lack of local informal networks for their female employees. However, despite providing a more supportive environment for women at work, gender equality policies in MNCs are not yet as effective as they could be due to the dynamics of the workplace and the fact that the policies are not tailored to the local context. We have seen evidence in recent years that MNCs can serve as role models for implementing gender equality policies by creating a more inclusive work environment and demonstrating leadership commitment and support. (shrink)

John Searle's Making the Social World addresses a question that is as central to philosophy in general as it is to Social Ontology. It concerns the involvement of human beings in the creation of seemingly objective facts. The facts in which Searle is interested are ‘institutional’ facts. Such facts are objective; they are also, Searle argues, ‘created by human subjective attitudes’. It is my contention that this apparent paradox arises from a misconception of (...) 'subjective' and 'objective'. For Searle, these terms are synonymous with 'mind-dependent' and 'mindindependent'. Following the scientist and philosopher, Michael Polanyi, I argue that 'objectivity' is better understood as 'theoretical' and therefore worthy of universal recognition by rational agents. Being a matter of reason, objectivity contrasts, not with mind-dependence, but immediate experience. It follows that Searle's paradox is a function of the contradictory terms in which it is stated. (shrink)

Why do multinational corporations frequently encounter corporate social responsibility crises in leading emerging markets in the new century? Existing research about institutional impacts on MNC CSR has developed a void-based account about how the flawed institutional system allows misdeeds to happen. But the fact that such misdeeds have turned into increasing CSR crises in the new century along with institutional change is rarely taken into account. This paper combines studies of institutional voids, institutional entrepreneurship, (...) and stakeholder theory to develop a concept of institutional sophistication, which refers to both the top-down maturation of the regulatory system that standardizes firm behavior and the bottom-up diversification and intensification of grassroots initiatives that redefine stakeholder membership. Based on this concept, we developed a framework to comprehensively demonstrate how both institutional voids and sophistication drive the MNC CSR crisis in leading emerging markets. Empirically, we established an original database that includes 309 publicized CSR crises encountered by major foreign MNCs in China, India, and Russia, 2000–2011. Through a content analysis, the paper reveals six common sophistication processes that drive the MNC crisis across contexts and also specifies stakeholder strategies that make these processes happen and vary by social problems and national contexts. We also discussed the value of studying corporate social irresponsible behavior in understanding the institution–MNC relationship. (shrink)

For any group there is a point beyond which the accumulation of acts of violence, cruelty, or even rudeness, implies disintegration. By a series of small and plausible transitions this putative empirical generalization may be transformed into a statement about the normative attitudes of persons in stable groups. The generalization may in the first place be more strongly construed as a statement of law governing any society. The weakening of bonds between persons implied by the prevalence of behavior of the (...) kinds in question means that societies not only do not but cannot survive a certain excess of it. Such a natural law may in turn be reflected internally by certain regulations--civil laws and customs--prohibiting such behavior, or by internalized rules with which most persons not only act in accordance but also accept as stipulating what one ought to do or avoid. The observable frailty of social constitutions is thus reflected from within as a family of obligations to refrain from violence, cruelty, rudeness, and similar acts. To pass from regulations to internalized rules in this way is to suggest that the essentially prudential considerations upon which reasonable regulations are based are reinforced by conceptual ones which make it impossible rationally to value violation of such regulations. That such reinforcement occurs is undeniable, but it is not well understood why, or universally believed that, resistance to it is irrational. (shrink)