The requirements of rationality are fundamental in practical and theoretical philosophy. Nonetheless, there exists no correct account of what constitutes rational requirements. This paper attempts to provide a correct constitutive account of ‘rationality requires’. I argue that rational requirements are grounded in ‘necessary explanations of subjective incoherence’, as I shall put it. Rationality requires of you to X if and only if your rational capacities, in conjunction with the fact that you not-X, explain necessarily why you have a non-maximal (...) degree of subjective coherence. (shrink)

Christian List and Philip Pettit develop an account of group agency which is based on a functional understanding of agency. They claim that understanding organizations such as commercial corporations, governments, political parties, churches, universities as group agents helps us to a better understanding of the normative status and working of those organizations. List and Pettit, however, fail to provide a unified account of group agency since they do not show how the functional side of agency and the normative side of (...) agency are connected. My claim is that a constitutive account of agency helps us to a proper understanding of group agency since it ties the functional part of acting to the group agent’s self-understanding and its commitment to specific norms, principles and values. A constitutive model of agency meets much better what List and Pettit seek to accomplish, namely conceiving of group agents as artificial persons, constituted by normative principles and entertaining normative relations to others to whom they are accountable. (shrink)

The standard reply to the critique that narrative theories of the self are either chauvinistic or trivial is to “go implicit”. Implicit narratives, it is argued, are necessary for diachronically structured self-experience, but do not require that such narratives should be wholly articulable life stories. In this paper I argue that the standard approach, which puts forward a phenomenological conception of implicit narratives, is ultimately unable to get out of the clutches of the dilemma. In its place, I offer an (...) alternative approach that does avoid the dilemma, by construing implicit narrativity as an enabling condition for experiences, rather than as something that is itself present in experience. According to this constitutive account, the coherence and intelligibility of our experiences is due to the fact that they are anchored in a larger, diachronic context. This context, I argue, takes a fundamentally embodied and narrative dimension. (shrink)

ABSTRACT: There are some problems with Lynne Baker’s constitution account of personal identity that become evident when we consider brain transplant thought experiments and two kinds of rare cases of conjoined twins — the first appears to be one organism but two persons and the second seems to involve two organisms associated with one person. To handle the problems arising from brain transplants, the constitution theorist must admit an additional level of constitution between the organism and the person. To resolve (...) the problems posed by the two kinds of conjoined twins, the constitution theorist must accept that constitution is not always a one-to-one relationship. RESUME: La théorie constitutionnelle de l’identité personnelle de Lynne Baker soulève certains problèmes qui deviennent évidents lorsque l’on considère des expériences de pensée sur des transplantations de cerveaux et deux genres de cas rares de jumeaux conjoints — du premier cas paraît s’ensuivre qu’il y a deux personnes pour un seul organisme alors que du deuxième découle qu’une seule personne existe dans deux organismes. Afin d’expliquer les problèmes qui surviennent avec les transplantations de cerveaux, le théoricien de la constitution doit admettre un niveau de constitution intermédiaire entre l’organisme et la personne. Pour résoudre les problèmes que posent les cas de jumeaux conjoints, le théoricien de la constitution doit accepter que la relation de constitution ne se réalise pas toujours entre deux termes. (shrink)

In this paper, I propose a new way of understanding the space of possibilities in the field of mental content. The resulting map assigns separate locations to theories of content that have generally been lumped together on the more traditional map. Conversely, it clusters together some theories of content that have typically been regarded as occupying opposite poles. I make my points concrete by developing a taxonomy of theories of mental content, but the main points of the paper concern not (...) merely how to classify, but how to understand, the theories. Also, though the paper takes theories of mental content as a case study, much of the discussion is applicable to theories of other phenomena. To a first approximation, the difference between the traditional and the proposed taxonomies turns on whether we classify theories of content by, on the one hand, their implications for a non-redundant supervenience base for content facts (i.e., for facts about what contents thoughts have) or, on the other, by their constitutive accounts of content. By a "constitutive account," I mean the kind of elucidation of the nature of a phenomenon that theorists have tried to give for, for example, knowledge, justice, personal identity, consciousness, convention, heat, and limit. The tendency to taxonomize by supervenience base is encouraged, I suggest, by a failure to keep clearly in view a distinction between constitutive and modal determination. Many philosophers would accept that a constitutive account cannot be captured in purely modal terms. Giving a constitutive account is not the same as specifying modally necessary and sufficient conditions. Nevertheless, philosophers often try to cash constitutive claims in modal terms. A case in point is that theories of content tend to be conceptualized in terms of the theories' implications for a supervenience base for content facts. My thesis goes beyond the by-now somewhat familiar proposition that not all modal determinants of a phenomenon are constitutive determinants. One who has taken that point on board might nevertheless conceive of a philosophical account as an attempt to specify constitutive determinants of the target phenomenon that make up a non-redundant supervenience base for the phenomenon. Shoehorning a philosophical account into this form leaves out elements that are modally redundant, but may be explanatorily or ontologically significant. For example, when a constitutive account has multiple levels, the different levels will typically be modally redundant. Formulating the account as a specification of a supervenience base of constitutive determinants will therefore flatten the account into a single level. Many of my arguments can be illustrated by considering the place of normativity in the theory of content. The new taxonomy gives a distinct niche to normative theories of content - theories that explain a thought's having a certain content at least in part in terms of the obtaining of normative facts. By contrast, on a traditional map, normative theories are invisible as such because normative facts supervene on non-normative ones. (shrink)

Can I be wrong about my own beliefs? More precisely: Can I falsely believe that I believe that p? I argue that the answer is negative. This runs against what many philosophers and psychologists have traditionally thought and still think. I use a rather new kind of argument, – one that is based on considerations about Moore's paradox. It shows that if one believes that one believes that p then one believes that p – even though one can believe that (...) p without believing that one believes that p. (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)

A traditional argument based on Leibniz’s Law concludes that, for example, a statue and the piece of marble of which it is made are two different objects. This is because they have different properties: the statue can survive the loss of some of its parts but the piece of marble cannot. Lynne Rudder Baker adds that the piece of marble constitutes the statue. In this paper I focus on what I think is the most powerful objection to Baker’s account of (...) the constitution relation, which has to do with her notion of circumstances. I present the objection following Derk Pereboom’s formulation and, afterwards, I analyse Baker’s answers to the criticism. I conclude that they make her overall project less attractive. Finally, I propose a new answer to the criticism. This will suppose a new formulation of the constitution relation, albeit done in the spirit of Baker’s account. (shrink)

Constitutive mechanistic explanations are said to refer to mechanisms that constitute the phenomenon-to-be-explained. The most prominent approach of how to understand this constitution relation is Carl Craver’s mutual manipulability approach to constitutive relevance. Recently, the mutual manipulability approach has come under attack (Leuridan 2012; Baumgartner and Gebharter 2015; Romero 2015; Harinen 2014; Casini and Baumgartner 2016). Roughly, it is argued that this approach is inconsistent because it is spelled out in terms of interventionism (which is an approach to (...) causation), whereas constitutive relevance is said to be a non-causal relation. In this paper, I will discuss a strategy of how to resolve this inconsistency, so-called fat-handedness approaches (Baumgartner and Gebharter 2015; Casini and Baumgartner 2016; Romero 2015). I will argue that these approaches are problematic. I will present a novel suggestion of how to consistently define constitutive relevance in terms of interventionism. My approach is based on a causal interpretation of mutual manipulability, where manipulability is interpreted as a causal relation between the mechanism’s components and temporal parts of the phenomenon. (shrink)

An epistemic account of constitutive relevance lists the criteria by which scientists can identify the components of mechanisms in empirical practice. Three prominent claims from Craver form a promising basis for an account. First, constitutive relevance is established by means of interlevel experiments. Second, interlevel experiments are executions of interventions. Third, there is no interlevel causation between a mechanism and its components. Currently, no account on offer respects all three claims. I offer my causal situationist account of (...) class='Hi'>constitutive relevance that respects the claims. By situating a part of a mechanism on the causal chain between the mechanism’s input and output, components can be identified with interventions, without the interventions suggesting interlevel causation. The causal situationist account is the only account on offer so far that clearly fits within Craver’s framework. (shrink)

Our aim is to provide an account of constitutive rules in terms of (1) the acceptance of regulative norms, and (2) a cognitive process we call “symbolization” (in an altogether different sense from what J. R. Searle means by this word). We claim, first, that institutional facts à la Searle boil down to facts concerning the collective acceptance of regulative norms in a given community. This, however, does not exhaust what institutional facts are. There is a residue, symbolization. Symbolization, (...) as we understand it, involves a transfer of cognitive models from one domain to another. We introduce this notion by exploring different sorts of games, taking our cue from games of pretend play. In the context of this exploration, we introduce the idea of the significance—a matter of degree—of symbolization for a given institutional concept. In particular, we claim, symbolization may play, vis‐à‐vis a given institutional concept, a properly constitutive or a merely auxiliary role. We further argue that, in most legal concepts as conceived in our legal culture, symbolization plays a merely auxiliary role. A possible exception is the concept of political representation, at least on some understandings of it. (shrink)

Many philosophers, following Williamson (The Philosophical Review 105(4): 489–523, 1996), Williamson (Knowledge and its Limits, Oxford, Oxford Univer- sity Press, 2000), subscribe to the constitutive rule account of assertion (CRAA). They hold that the activity of asserting is constituted by a single constitutive rule of assertion. However, in recent work, Maitra (in: Brown & Cappelen (ed). Assertion: new philosophical essays, Oxford, Oxford University Press, 2011), Johnson (Acta Analytica 33(1): 51–67, 2018), and Kelp and Simion (Synthese 197(1): 125–137, 2020a), (...) Kelp and Simion (in: Goldberg (ed) The Oxford Handbook of Assertion, Oxford, Oxford University Press, 2020b) aim to show that, for all the most popular versions of the constitutive rule of assertion proposed in the literature, asserting is not an activity constituted by a single constitutive rule and that therefore CRAA is very likely false. To reach this conclusion, they all present a version of what can be dubbed the engagement condition objection. That is, they each propose a necessary condition on engaging in rule-constituted activities. Then they argue that, for all the most popular versions of the constitutive rule of assertion proposed in the literature, one can make assertions without satisfying this condition. In response, I present a counterexample that shows that the proposed engagement conditions lead to coun- terintuitive results, and I propose an alternative that better captures our intuitions. Then I argue that this alternative engagement condition is compatible with all the most popular versions of the constitutive rule of assertion. (shrink)

Bio-heteronormative conceptions of the family have long reinforced a nuclear ideal of the family as a heterosexual marriage, with children who are the genetic progeny of that union. This ideal, however, has also long been resisted in light of recent social developments, exhibited through the increased incidence and acceptance of step-families, donor-conceived families, and so forth. Although to this end some might claim that the bio-heteronormative ideal is not necessary for a social unit to count as a family, a more (...) systematic conceptualization of the family—the kind of family that matters morally—is relatively underexplored in the philosophical literature. This paper makes a start at developing and defending an account of the family that is normatively attractive and in line with the growing prevalence of non-conventional families and methods of family-formation. Our account, which we call a constitutive-affirmative model of the family, takes the family to be constituted by an ongoing process of relevant affective and affirmative relations between the putative family members. (shrink)

Some Christian materialists have argued for the possibility of resurrection given that persons are constituted by bodies, and constitution is not identity. Baker's constitutionist view claims superiority over animalist alternatives but offers only circular accounts of both personal identity over time and personhood. Corcoran's alternative approaches these questions differently but makes use of Zimmerman's ‘Falling Elevator Model’ of resurrection, which is rendered incoherent by its reliance on contingent identity. A recent constitutionist revision of this model succeeds only in exchanging (...) incoherence for absurdity. Despite difficulties for such resurrection accounts, the idea of constitution as a sui generis relation remains attractive among philosophers and Christian materialists in particular. However, Wasserman's deflationary view combines with problems such as extensionality, indiscernibility and the explosion of reality to provide reason to worry that constitution might be just identity after all. If so, then the metaphysics of constitution cannot provide a convenient route between animalism and immaterialism when explaining the possibility of resurrection. (shrink)

RÉSUMÉ : Au sein de l’œuvre de Levinas, se trouve un exposé sur la subjectivité fondé sur son compte de temporalité. A cet égard, Levinas est comme de nombreux phénoménologues. Cependant, pour mieux le comprendre de cette façon, nous devons d’abord reconcevoir ce que Levinas veut dire par “l’éthique”, pour voir la continuité essentiel de ses comptes de subjectivité et temporalité. En comprenant les continuités, entre et à l’intérieur de son sujet moral et sa temporalité futurelle, nous sommes capables de (...) redéfinir l’ envergure et le moyen de la phénoménologie, afin de suffisamment juger l’influence de Levinas dans cette discipline. (shrink)

In this article I introduce constitutive norm accounts of assertion, and then give three arguments for giving up on the constitutive norm project. First I begin with an updated version of MacFarlane’s Boogling argument. My second argument is that the ‘overriding response’ that constitutive norm theorists offer to putative counterexamples is unpersuasive and dialectically risky. Third and finally, I suggest that constitutive norm theorists, in appealing to the analogy of games, actually undermine their case that (...) they can make sense of assertions that fail to follow their putative constitutive norm. These considerations, I suggest, together show that the constitutive norm project founders not because any single norm is not descriptively correct of our assertion practices, but rather, because giving a constitutive norm as the definition of assertion alone is insufficient. (shrink)

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

In this article, I present two conceptual problems for Craver's mutual manipulability account of constitutive relevance in mechanisms. First, constitutive relevance threatens to imply causal relevance despite Craver (and Bechtel)'s claim that they are strictly distinct. Second, if (as is intuitively appealing) parthood is defined in terms of spatio-temporal inclusion, then the mutual manipulability account is prone to counterexamples, as I show by a case of endosymbiosis. I also present a methodological problem (a case of experimental underdetermination) and (...) formulate two partial, but fallible solutions based on the notions of parthood and synchronicity. (shrink)

Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a "constitutional moment" may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an (...) extended period. The "moment" may have been under way for decades-or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change. (shrink)

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation (...) and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or 'twilight' of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project 'The Role and Future of National Constitutions in European and Global Governance'. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized moral-political reasons (...) on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

In this dissertation, I present a novel account of the components that have a peculiar epistemic role in our scientific inquiries, since they contribute to establishing a form of coordination. The issue of coordination is a classic epistemic problem concerning how we justify our use of abstract conceptual tools to represent concrete phenomena. For instance, how could we get to represent universal gravitation as a mathematical formula or temperature by means of a numerical scale? This problem is particularly pressing when (...) justification for using these abstract tools comes, in part or entirely, from knowledge which is not independent from them, thus leading to threats of circularity. Achieving coordination between some abstract conceptual tools and the concrete phenomena that they are supposed to represent is usually a complex process, which involves several epistemic components. Some of these components eventually provide stable conditions for applying those abstract representations to concrete phenomena. It is in this sense of providing certain conditions of applicability that different philosophical traditions, as well as some contemporary reappraisals, view these components as constitutive or a priori. In this work, I present a new gradualist, contextualist, and relational approach to understand these constitutive components of scientific inquiry. It is gradualist inasmuch as the degree to which some component is constitutive depends on three quantifiable features: quasi-axiomaticity, generative potential, and empirical shielding. Since the quantification of these three features impinges on the history and practice of using these components in a scientific context, my approach is a contextualist one. Finally, my approach is relational in a double sense: first, it identifies ordinal relationships among epistemic components with respect to their constitutive character; second, these relationships are relative to a scientific framework of inquiry. After introducing my account and a classic example of constitutively a priori principles, i.e., Friedman’s (2001) analysis of Newtonian mechanics, I turn to my own case studies to demonstrate the advantages of my approach. Firstly, I discuss Okasha’s (2018) view of endogenization as a pervasive theoretical strategy in evolutionary biology and suggest that the constitutive character of the core Darwinian principles progressively increases with endogenization. Secondly, I apply a conceptual distinction between two varieties or scopes of coordination – general coordination and coordination in measurement – to Ohm’s work on electrical conductivity. This distinction allows me to pinpoint to what extent components along different dimensions (e.g., instrumentation, measurement, theorising, etc.) were constitutive of the forms of coordination which Ohm relied on. Thirdly, I discuss the epistemic function of the Hardy-Weinberg principle in the history and practice of population genetics. I assess this principle in terms of my account and identify approximation and stability as two components that are highly constitutive, in that they contribute to justifying its use in population genetics. Finally, applying my account to these case studies enables me to identify at least three qualitatively different types of constitutive components: domain-specific theoretical principles, material components, and domain-independent assumptions underlying reasoning abilities. In the light of my results, I draw some general conclusions on epistemic justification and scientific knowledge. (shrink)

Blame is multifarious. It can be passionate or dispassionate. It can be expressed or kept private. We blame both the living and the dead. And we blame ourselves as well as others. What’s more, we blame ourselves, not only for our moral failings, but also for our non-moral failings: for our aesthetic bad taste, gustatory self-indulgence, or poor athletic performance. And we blame ourselves both for things over which we exerted agential control (e.g., our voluntary acts) and for things over (...) which we lacked such control (e.g., our desires, beliefs, and intentions). I argue that, despite this manifest diversity in our blaming practices, it’s possible to provide comprehensive account of blame. Indeed, I propose a set of necessary and sufficient conditions that aims to specify blame’s extension in terms of its constitution as opposed to its function. And I argue that this proposal has a number of advantages beyond accounting for blame in all its disparate forms. For one, it can account for the fact that one’s having had control over whether one was to φ is a necessary condition for one’s being fittingly blamed for having φ-ed. For another, it can account for why, unlike fitting shame, fitting blame is always deserved, which in turn explains why there is something morally problematic about ridding oneself of one’s fitting self-blame (e.g., one’s fitting guilt). (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)

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)

The aim of this paper is to offer a broad characterization of the kind of account that I believe cannot plausibly face conclusively the problem of the ethics of immigration restrictions in a non-ideal world at the level of the constitutional essentials. I argue that justice-based accounts of immigration controls fail to normatively evaluate what immigration controls do to outsiders subjected to them in non-ideal conditions, so judgments of justice by themselves tend to be overall bad for the interest (...) of immigrants. I explain this by insisting that a prior question about the legitimacy of immigration controls have been overlooked by familiar accounts. A full account of the ethics of immigration suitable for guiding constitutional essentials should be able to connect distinct kinds of justice-based evaluations in order to ask both, what legitimacy requires from territorial institutional control as well as what justice requires from immigration policy. (shrink)

How can we determine what are just boundaries or just criteria for inclusion or exclusion in contemporary states, nations, peoples, or other 'communities of justice'? As Barbieri demonstrates, recent theories of justice have failed to grapple squarely with this fundamental problem, either wholly ignoring it, or approaching it, inadequately, in terms of distributive or commutative justice, or simply declaring the problem insoluble. Developing a clear understanding of the peculiarities of constitutive justice, Barbieri contends, is a task that has important (...) implications for political philosophy as it bears on topics such as citizenship, migration, multiculturalism, self-determination, and the drafting of new constitutions. To this end, Constitutive Justice critically discusses some present approaches that promise to shed light on constitutive questions involving inclusion and the ethics of boundaries; provides an analysis of some of the central topics that plausible normative theories of constitutive justice will need to address; and develops the author's own constructive account. (shrink)

Accounting for the Commandments in Medieval Judaism explores the discursive formation of the commandments as a generative matrix of Jewish thought and life in the posttalmudic period. Each study sheds light on how medieval Jews crafted the commandments out of theretofore underdetermined material. By systematizing, representing, or interrogating the amorphous category of commandment, medieval Jewish authors across both the Islamic and Christian spheres of influence sought to explain, justify, and characterize Israel's legal system, divine revelation, the cosmos, and even the (...) divine order. This volume correlates bodies of knowledge-such as jurisprudence, philosophy, ethics, pietism, and kabbalah-that are normally treated in isolation into a single conversation about a shared constitutional concern. (shrink)

It is a platitude that belief is subject to a standard of correctness: a belief is correct if and only if it is true. But not all standards of correctness are authoritative or binding. Some standards of correctness may be arbitrary, unjustified or outrightly wrong. Given this, one challenge to proponents of the truth norm of belief, is to answer what Korsgaard (1996) calls ‘the normative question’. Is the truth norm of belief authoritative or binding regarding what one ought to (...) or may believe? If so, what grounds its authority? The aim of this paper is to offer a novel answer to the grounding challenge on a reason-based normative framework. I develop and defend a practice-based account of the truth norm, according to which, the authority of the truth norm of belief is grounded in what I call the T-practice, a justified social practice that functions to facilitate knowledge production, maintenance, and social cooperation. (shrink)

This article presents a normative‐theoretical account of democratic legitimacy that meets the challenge of moral and cultural pluralism in a way that takes the avoidance of oppression and violence to be a fundamental imperative. The discourse‐theoretical perspective of jürgen Habermas reveals that reasoned agreement among citizens is the only alternative to political oppression. Pace Habermas, however, the legitimacy of even basic constitutional principles does not require us to agree with one another for the same reasons. While we can affirm such (...) principles for a wide range of different reasons, the process of achieving reasoned agreements on contentious issues draws us together as citizens in loyalty to a particular, historical set of political institutions. The reasoned commitment to our constitution that we come to share in this ongoing process acts as an identity‐forming bond that allows us to live in peace with deep moral and cultural differences. (shrink)

Whenever an object constitutes, makes up or composes another object, the objects in question share a striking number of properties. This paper is addressed to the question of what might account for the intimate relation and striking similarity between constitutionally related objects. According to my account, the similarities between constitutionally related objects are captured at least in part by means of a principle akin to that of strong supervenience. My paper addresses two main issues. First, I propose independently plausible principles (...) by means of which to delineate, in a non-ad-hoc, non-stipulative and non-circular fashion, those properties which can be expected to be shared among constitutionally related objects in virtue of their being so related from those which in general cannot be expected to be shared, or which are shared for other reasons. Secondly,I spell out in detail the nature of the supervenience-principle at work in this context. My account thus aims at isolating, in a methodologically responsible fashion, the particular sort of restricted indiscernibility principle which is a component of the constitution-relation. (shrink)

An adequate understanding of the ubiquitous practice of mechanistic explanation requires an account of what Craver termed “constitutive relevance.” Entities or activities are constitutively relevant to a phenomenon when they are parts of the mechanism responsible for that phenomenon. Craver’s mutual manipulability account extended Woodward’s account of manipulationist counterfactuals to analyze how interlevel experiments establish constitutive relevance. Critics of MM argue that applying Woodward’s account to this philosophical problem conflates causation and constitution, thus rendering the account incoherent. These (...) criticisms, we argue, arise from failing to distinguish the semantic, epistemic, and metaphysical aspects of the problem of constitutive relevance. In distinguishing these aspects of the problem and responding to these critics accordingly, we amend MM into a refined epistemic criterion, the “matched interlevel experiments” account. Further, we explain how this epistemological thesis is grounded in the plausible metaphysical thesis that constitutive relevance is causal betweenness. (shrink)

I propose that constitution is a case of composition in which, for example, the lump of clay composes the statue. In other words, we can reduce constitution to composition. Composition does all of the work that we want from an account of constitution, and we do not need two separate relations. Along the way, I offer reasons to reject weak supplementation. Acknowledgments (which by my mistake were not included in the journal publication): Many people have given me feedback over the (...) years on this paper or an ancestor of it, and I apologize for oversights in my acknowledgments here. Special thanks to Trenton Merricks for comments on several drafts of this paper. Thanks also for helpful comments and discussions to Eugene Mills, Donald Smith, Peter Sutton, David Liebesman, Charlie Tanksley, Amanda Hicks, Kristl Laux, and to an audience at the University at Buffalo conference in honor of E. J. Lowe, an audience at Amherst College, and an audience at the 2017 APA Eastern Division Meeting. Thank you also to multiple anonymous referees along the way. (shrink)

Plato and Kant advance a constitutional model of the soul, in which reason and appetite or passion have different structural and functional roles in the generation of motivation, as opposed to the familiar Combat Model in which they are portrayed as independent sources of motivation struggling for control. In terms of the constitutional model we may explain what makes an action different from an event. What makes an action attributable to a person, and therefore what makes it an action, is (...) that it issues from the person''s constitution, and therefore from the person as a whole, rather than from some force working on or in the person. This in turn implies an account of what makes an action good: what makes an action good is that it is deliberated upon and chosen in a way that unifies the person into a constitutional system. Through deliberative action we constitute ourselves as unified agents. Platonic justice and Kant''s categorical imperative are shown to be normative standards for action because they are principles of self-constitution. (shrink)

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)

‘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)

In this paper, I present a new framework supporting the claim that some elements in science play a constitutive function, with the aim of overcoming some limitations of Friedman's (2001) account. More precisely, I focus on what I consider to be the gradualism implicit in Friedman's interpretation of the constitutive a priori, that is, the fact that it seems to allow for degrees of 'constitutivity'. I tease out such gradualism by showing that the constitutive character Friedman aims (...) to track can be captured by three features - namely, quasi-axiomaticity (QA), generative potential (GP), and empirical shielding (ES) - which are exhibited to a maximal degree by the examples Friedman deploys, particularly in his analysis of Newtonian mechanics. I argue that not all varieties of 'constitutivity' can be captured by the kind of gradualism implicit in Friedman's view, although developing the gradualism itself might provide useful insights. To show this, I analyse the function of the Hardy-Weinberg principle (HWP) in population genetics in terms of its QA, GP, and ES. Whereas the HWP does not count as constitutive in classical philosophical interpretations (Sober 1984), nor does it within Friedman's framework, it does nonetheless perform a minimally constitutive function. By means of historical details and considerations on the prospects of replacing the HWP, I show that the HWP is minimally constitutive by being a counterfactual instantiation of a paradigmatically constitutive stability principle, where the latter might itself be regarded as an enabling condition for a variety of modelling practices across the sciences. (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)

In this paper I analyze constitution embodiment, a particular conception of embodiment. Proponents of constitution embodiment claim that the body is a condition of the constitution of entities. Constitution embodiment is popular with phenomenologically-inspired Embodied Cognition, including research projects such as Enactivism and Radical Embodied Cognitive Science. Unfortunately, PEC’s use of constitution embodiment is neither clear nor coherent; in particular, PEC uses the concept of constitution embodiment so that a major inconsistency is entailed. PEC conceives of the body in a (...) transcendental sense as a condition of the constitution of entities, and, in an ontic sense, as a scientifically describable entity. Yet, a condition of the constitution of entities cannot be itself an entity—rather, it is the very condition of the possibility of an entity. This inconsistency entails further problems, among them PEC’s misguided focus on the location of the embodied mind. In order to correct these mistakes, I develop a conception of constitution embodiment based on the work of Heidegger, Husserl and to a lesser degree Merleau-Ponty. This has two purposes. First, it provides the conceptual groundwork to secure the status of PEC as a consistent and coherent research project and to clarify PEC’s conception of the relationship between phenomenology and the sciences. In that spirit, my approach provides further guidelines for fruitful research alliances between PEC and other research programs such as Grounded Cognition and identifies current research alliances, such as those with Radical Enactivism, as undesirable. Second, my account provides an elaborate concept of constitution embodiment that can function as the basis for more sophisticated work in the future. (shrink)

This paper discusses the constitution relation within the framework of the mechanistic approach to neurobiological explanation. It develops a regularity theory of constitution as an alternative to the manipulationist theory of constitution advocated by some of the proponents of the mechanistic approach. After the main problems of the manipulationist account of constitution have been reviewed, the regularity account is developed based on the notion of a minimal type relevance theory. A minimal type relevance theory expresses a minimally necessary condition of (...) a given type that consists of a disjunction of minimally sufficient conditions of that type. Afterwards, the attained definition is successfully applied in an analysis of the logical structure of the explanation of spatial learning and memory in rats as a paradigm neurobiological explanation. The overall result is a more robust and more precise version of the mechanistic approach to neurobiological explanations. (shrink)

Of all the German idealists, Sartre refers the least to Fichte-so little in fact that there have been long-standing suspicions that he was not even familiar with Fichte's writings. It is perhaps ironic, then, that Fichte's writings are as helpful as they are for clarifying Sartre's views, especially his views on subjectivity and inter-subjectivity. Here I want to look closely at a key concept in Fichte's mature writings: the concept of the Anstoss, a concept which Dan Breazeale has called "Fichte's (...) original insight." Fichte introduces the Anstoss, or "check," to explain why the I posits the world as it does. In effect, the Anstoss is the occasion of the facticity of the I. I will show that his concept can be uniquely helpful in understanding the role the body plays in Sartre's theory of inter-subjectivity. The importance of Sartre's account of the body for his theory of subjectivity and inter-subjectivity has been chronically underappreciated by his interpreters; this comparison is the beginning of an attempt to rectify that. In turn the concept of the Anstoss provides a means for analyzing the necessary differences between any Sartrean and Fichtean ethics based on their respective accounts of inter-subjectivity. (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)

It is a commonplace within philosophy that the ontology of institutions can be captured in terms of constitutive rules. What exactly such rules are, however, is not well understood. They are usually contrasted to regulative rules: constitutive rules (such as the rules of chess) make institutional actions possible, whereas regulative rules (such as the rules of etiquette) pertain to actions that can be performed independently of such rules. Some, however, maintain that the distinction between regulative and constitutive (...) rules is merely a linguistic one. In this paper I present the status account of constitutive rules in order to address this criticism. According to the status account constitutive rules pertain to institutional statuses and statuses are to be understood in terms of status rules. Status rules concern the enabling and constraining roles of institutions, and constitutive rules specify the preconditions that have to be met in order for them to play these roles. Even though I end up endorsing the claim that the distinction mentioned is a linguistic one, I go on to argue that there is an underlying reality that constitutive rules serve to make apparent. (shrink)

The claim that consciousness constitutively involves self-consciousness has a long philosophical history, and has received renewed support in recent years. My aim in this paper is to argue that this surprisingly enduring idea is misleading at best, and insufficiently supported at worst. I start by offering an elucidatory account of consciousness, and outlining a number of foundational claims that plausibly follow from it. I subsequently distinguish two notions of self-consciousness: consciousness of oneself and consciousness of one’s experience. While “self-consciousness” is (...) often taken to refer to the former notion, the most common variant of the constitutive claim, on which I focus here, targets the latter. This claim can be further interpreted in two ways: on a deflationary reading, it falls within the scope of foundational claims about consciousness, while on an inflationary reading, it points to determinate aspects of phenomenology that are not acknowledged by the foundational claims as being aspects of all conscious mental states. I argue that the deflationary reading of the constitutive claim is plausible, but should be formulated without using a term as polysemous and suggestive as “self-consciousness”; by contrast, the inflationary reading is not adequately supported, and ultimately rests on contentious intuitions about phenomenology. I conclude that we should abandon the idea that self-consciousness is constitutive of consciousness. (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)