Artifacts

The story of the Ship of Theseus is one of the most venerable conundrums in philosophy. Some philosophers consider it a genuine puzzle. Others deny that it is so. It is, therefore, an open question whether there is or there is not a puzzle in the Ship of Theseus story. So, arguably, it makes sense to test empirically whether people perceive the case as a puzzle. Recently, David Rose, Edouard Machery, Stephen Stich and forty-two other researchers from different countries have (...) undertaken that task. We argue that their tests do not provide any evidence that bears on the question as to whether the Ship of Theseus case is a genuine puzzle. In our discussion we address also what should be taken into account if one wishes to test the puzzling, or not puzzling, status of the Ship of Theseus story. (shrink)

Abstract artifacts such as musical works and fictional entities are human creations; they are intentional products of our actions and activities. One line of argument against abstract artifacts is that abstract objects are not the kind of objects that can be created. This is so, it is argued, because abstract objects are causally inert. Since creation requires being caused to exist, abstract objects cannot be created. One common way to refute this argument is to reject the causal inefficacy of abstracta. (...) I argue that creationists should rather reject the principle that creation requires causation. Creation, in my view, is a non-causal relation that can be explained using an appropriate notion of ontological dependence. The existence and the creation of abstract artifacts depend on certain individuals with appropriate intentions, along with events of a certain kind that include but are not limited to creations of certain concrete objects. (shrink)

Does the Ship of Theseus present a genuine puzzle about persistence due to conflicting intuitions based on “continuity of form” and “continuity of matter” pulling in opposite directions? Philosophers are divided. Some claim that it presents a genuine puzzle but disagree over whether there is a solution. Others claim that there is no puzzle at all since the case has an obvious solution. To assess these proposals, we conducted a cross-cultural study involving nearly 3,000 people across twenty-two countries, speaking eighteen (...) different languages. Our results speak against the proposal that there is no puzzle at all and against the proposal that there is a puzzle but one that has no solution. Our results suggest that there are two criteria—“continuity of form” and “continuity of matter”— that constitute our concept of persistence and these two criteria receive different weightings in settling matters concerning persistence. (shrink)

The primary goal of this essay is to provide a comprehensive overview and analysis of the various relations between material artifacts and the embodied mind. A secondary goal of this essay is to identify some of the trends in the design and use of artifacts. First, based on their functional properties, I identify four categories of artifacts co-opted by the embodied mind, namely (1) embodied artifacts, (2) perceptual artifacts, (3) cognitive artifacts, and (4) affective artifacts. These categories can overlap and (...) so some artifacts are members of more than one category. I also identify some of the techniques (or skills) we use when interacting with artifacts. Identifying these categories of artifacts and techniques allows us to map the landscape of relations between embodied minds and the artifactual world. Second, having identified categories of artifacts and techniques, this essay then outlines some of the trends in the design and use of artifacts, focussing on neuroprosthetics, brain-computer interfaces, and personalisation algorithms nudging their users towards particular epistemic paths of information consumption. (shrink)

It has been a common assumption that words are substances that instantiate or have properties. In this paper, I question the assumption that our ontology of words requires posting substances by outlining a bundle theory of words, wherein words are bundles of various sorts of properties (such as semantic, phonetic, orthographic, and grammatical properties). I argue that this view can better account for certain phenomena than substance theories, is ontologically more parsimonious, and coheres with claims in linguistics.

Musical works change. Bruckner revised his Eighth Symphony. Ella Fitzgerald and many other artists have made it acceptable to sing the jazz standard “All the Things You Are” without its original verse. If we accept that musical works genuinely change in these ways, a puzzle arises: why can’t I change Bruckner’s Eighth Symphony? More generally, why are some individuals in a privileged position when it comes to changing musical works and other artifacts, such as novels, films, and games? I give (...) a view of musical works that helps to answer these questions. Musical works, on this view, are created abstract objects with no parts. The paradigmatic changes that musical works undergo are socially determined normative changes in how they should be performed. Due to contingent social practices, Bruckner, but not I, can change how his symphony should be performed. Were social practices radically different, I would be able to change his symphony. This view extends to abstract artifacts beyond music, including novels, films, words, games, and corporations. (shrink)

This article provides an overview and analysis of recent work on the extended self, demonstrating that the boundaries of selves are fluid, shifting across biological, artifactual, and sociocultural structures. First, it distinguishes the notions of minimal self, person, and narrative self. Second, it surveys how philosophers, psychologists, and cognitive scientists argue that embodiment, cognition, emotion, consciousness, and moral character traits can be extended and what that implies for the boundaries of selves. It also reviews and responds to various criticisms and (...) counterarguments against the extended self. The main focus is on the link between the extended mind and extended self, which has received the most attention in recent literature. But accounts of the extended self developed independently of the extended mind are also briefly discussed. This article ends by drawing out some of the conceptual, methodological, and normative implications of the extended self and suggesting some directions for future research. (shrink)

In this paper, I describe how artifacts and autobiographical memory are integrated into new systemic wholes, allowing us to remember our personal past in a more reliable and detailed manner. After discussing some empirical work on lifelogging technology, I elaborate on the dimension of autobiographical dependency, which is the degree to which we depend on an object to be able to remember a personal experience. When this dependency is strong, we integrate information in the embodied brain and in an object (...) to reconstruct an autobiographical memory. In such cases, autobiographical memory is extended or distributed. (shrink)

Memories of our personal past are the building blocks of our narrative identity. So, when we depend on objects and other people to remember and construct our personal past, our narrative identity is distributed across our embodied brains and an ecology of environmental resources. This paper uses a cognitive niche construction approach to conceptualise how we engineer our memory ecology and construct our distributed narrative identities. It does so by identifying three types of niche construction processes that govern how we (...) interact with our memory ecology, namely creating, editing, and using resources in our memory ecology. It also conceptualises how identity-relevant information in objects and (family) stories is transmitted vertically, i.e., across different generations of people. Identifying these processes allows us to better understand the cultural information trajectories that constitute our memory ecologies. Thus, what I’ll argue is that our memory ecology distributes our narrative identity and that engineering our memory ecology is a form of narrative niche construction. (shrink)

I present two puzzles about the metaphysics of stores, restaurants, and other such establishments. I defend a solution to the puzzles, according to which establishments are not material objects and are not constituted by the buildings that they occupy.

What are words? What makes two token words tokens of the same word-type? Are words abstract entities, or are they (merely) collections of tokens? The ontology of words tries to provide answers to these, and related questions. This article provides an overview of some of the most prominent views proposed in the literature, with a particular focus on the debate between type-realist, nominalist, and eliminativist ontologies of words.

Two separate research programs have revealed two different factors that feature in our judgments of whether some entity persists. One program—inspired by Knobe—has found that normative considerations affect persistence judgments. For instance, people are more inclined to view a thing as persisting when the changes it undergoes lead to improvements. The other program—inspired by Kelemen—has found that teleological considerations affect persistence judgments. For instance, people are more inclined to view a thing as persisting when it preserves its purpose. Our goal (...) in this paper is to determine what causes persistence judgments. Across four studies, we pit normative considerations against teleological considerations. And using causal modeling procedures, we find a consistent, robust pattern with teleological and not normative considerations directly causing persistence judgments. Our findings put teleology in the driver’s seat, while at the same time shedding further light on our folk notion of an object. (shrink)

In this paper, we analyse how GPS-based navigation systems are transforming some of our intellectual virtues and then suggest two strategies to improve our practices regarding the use of such epistemic tools. We start by outlining the two main approaches in virtue epistemology, namely virtue reliabilism and virtue responsibilism. We then discuss how navigation systems can undermine five epistemic virtues, namely memory, perception, attention, intellectual autonomy, and intellectual carefulness. We end by considering two possible interlinked ways of trying to remedy (...) this situation: [i] redesigning the epistemic tool to improve the epistemic virtues of memory, perception, and attention; and [ii] the cultivation of cognitive diligence for wayfinding tasks scaffolding intellectual autonomy and carefulness. (shrink)

Words are indispensable linguistic tools for beings like us. However, there is not much philosophical work done about what words really are. In this paper, I develop a new ontology for words. I argue that words are abstract artifacts that are created to fulfill various kinds of purposes, and words are abstract in the sense that they are not located in space but they have a beginning and may have an end in time given that certain conditions are met. What (...) follows from this two-fold argument is that words, from an ontological point of view, are more like musical works, fictional characters or computer programs, than numbers or sets. (shrink)

In Form, Matter, Substance, Kathrin Koslicki articulates and defends her preferred brand of hylomorphism, weighing in on how we should conceive of the matter and the form of such compounds, and on how they can qualify as fundamental “substances” despite being ontologically dependent on their components. I review Koslicki’s principal claims and conclusions (§1), and then raise some concerns about her master argument for “individual forms” (§2) and her criticism of standard essentialist accounts of artifacts (§3).

ABSTRACT The idea that two words can be instances of the same word is a central intuition in our conception of language. This fact underlies many of the claims that we make about how we communicate, and how we understand each other. Given this, irrespective of what we think words are, it is common to think that any putative ontology of words, must be able to explain this feature of language. That is, we need to provide criteria of identity for (...) word-types which allow us to individuate words such that it can be the case that two particular word-instances are instances of the same word-type. One solution, recently further developed by Irmak, holds that words are individuated by their history. In this paper, I argue that this view either fails to account for our intuitions about word identity, or is too vague to be a plausible answer to the problem of word individuation. (shrink)

ABSTRACTThe Necessity of Origins is the thesis that, necessarily, if a material object wholly originates from some particular material, then it could not have wholly originated from any significantly non-overlapping material. Several philosophers have argued for this thesis using as a premise a principle that we call ‘Single Origin Necessity’. However, we argue that Single Origin Necessity is false. So any arguments for The Necessity of Origins that rely on Single Origin Necessity are unsound. We also argue that the Necessity (...) of Origins itself is false. Our arguments rely on a thesis in the ontology of art that we find plausible: Multi-Work Materialism. It is the thesis that works of art that have multiple concrete manifestations are co-located with those manifestations. (shrink)

This paper discusses an explanation, offered by Tim Ingold, for why social and cultural anthropologists have so far paid little attention to the materials from which artefacts are composed. The explanation is that these anthropologists accept a certain argument. According to the argument, what an anthropologist should focus on when examining an artefact is the quality that makes it part of a culture, and this is not the materials from which the artefact is composed. I show that Ingold has not (...) made a compelling case against this argument, but also that it is not sound. (shrink)

This paper responds to an argument against a kind of anthropology. According to the argument, if the aim of anthropology is to describe the different worldviews of different groups, then anthropologists should only refer to material artefacts in order to illustrate a worldview; but the interest of artefacts to anthropology goes beyond mere illustration. This argument has been endorsed by key members of the ontological movement in anthropology, who found at least one of its premises in Marilyn Strathern’s writing.

In this essay I introduce the question of artifactual functions in the context of the recent debate on the notion of function. I discuss some of the desiderata a satisfactory account should fulfill and compare them to the desiderata for a theory of biological functions. Finally, within this general framework, I briefly present the three papers included in this volume.

This article looks at some of the metaphysical properties of cognitive artefacts. It first identifies and demarcates the target domain by conceptualizing this class of artefacts as a functional kind. Building on the work of Beth Preston, a pluralist notion of functional kind is developed, one that includes artefacts with proper functions and system functions. Those with proper functions have a history of cultural selection, whereas those with system functions are improvised uses of initially non-cognitive artefacts. Having identified the target (...) domain, it then briefly looks at the multiple usability of physical structures and the multiple realizability of cognitive function. Further developing insights from the “dual nature of artefacts thesis”, the article ends with conceptualizing the structure–function relations of cognitive artefacts. More specifically, it unpacks the relation between physical structure, representational structure, information, and cognitive function. (shrink)

I address two related questions. First: what value is there in visiting a museum and becoming acquainted with the objects on display? For art museums the answer seems obvious: we go to experience valuable works of art, and experiencing valuable works of art is itself valuable. In this paper I focus on non-art museums, and while these may house aesthetically valuable objects, that is not their primary purpose, and at least some of the objects they house might not be particularly (...) aesthetically valuable at all. Second: to what ontological type or category do museum objects belong? What type of item should be featured on an inventory of a museum collection? I distinguish between typical objects and special objects. While these are different types of object, both, I argue, are abstracta, not concreta. The answer to the second question, concerning the ontological category of special objects, throws new light on various philosophical questions about museums and their collections, including the question about the value of museum experiences. But it also throws light on important questions concerning the preservation and restoration of museum objects. (shrink)

It is uncontroversial that artifacts like statues and tables are mind-dependent. What is controversial is whether and how this mind-dependence has implications for the ontology of artifacts. I argue the mind-dependence of artifacts entails that there are no artifacts or artifact joints in the extra-mental world. In support of this claim, I argue that artifacts and artifact joints lack any extra-mental grounding, and so ought not to have a spot in a realist ontology. I conclude that the most plausible story (...) about artifacts is that they are in minds of suitably intelligent creatures, and not the extra-mental world. Artifacts and their joints are merely mental projections onto a world of ‘indifferent materials’. With this established, I show how many cases of object coincidence, the view that more than one material object can be located in the same exact region of space-time, cannot occur. (shrink)

We live in a world of crowds and corporations, artworks and artifacts, legislatures and languages, money and markets. These are all social objects — they are made, at least in part, by people and by communities. But what exactly are these things? How are they made, and what is the role of people in making them? In The Ant Trap, Brian Epstein rewrites our understanding of the nature of the social world and the foundations of the social sciences. Epstein explains (...) and challenges the three prevailing traditions about how the social world is made. One tradition takes the social world to be built out of people, much as traffic is built out of cars. A second tradition also takes people to be the building blocks of the social world, but focuses on thoughts and attitudes we have toward one another. And a third tradition takes the social world to be a collective projection onto the physical world. Epstein shows that these share critical flaws. Most fundamentally, all three traditions overestimate the role of people in building the social world: they are overly anthropocentric. Epstein starts from scratch, bringing the resources of contemporary metaphysics to bear. In the place of traditional theories, he introduces a model based on a new distinction between the grounds and the anchors of social facts. Epstein illustrates the model with a study of the nature of law, and shows how to interpret the prevailing traditions about the social world. Then he turns to social groups, and to what it means for a group to take an action or have an intention. Contrary to the overwhelming consensus, these often depend on more than the actions and intentions of group members. (shrink)

The complementary properties and functions of cognitive artifacts and other external resources are integrated into the human cognitive system to varying degrees. The goal of this paper is to develop some of the tools to conceptualize this complementary integration between agents and artifacts. It does so by proposing a multidimensional framework, including the dimensions of information flow, reliability, durability, trust, procedural transparency, informational transparency, individualization, and transformation. The proposed dimensions are all matters of degree and jointly they constitute a multidimensional (...) space in which situated cognitive systems can be located and have certain dimensional configurations. These dimensions provide a new perspective on the conditions for cognitive extension. They are, however, not meant to provide a set of necessary and sufficient conditions, but to provide a toolbox for investigating the degree and nature of the integration of agent and artifact into “new systemic wholes”. The higher a situated system scores on the proposed dimensions, the more functional integration occurs, and the more tightly coupled the system is. (shrink)

The orbital debris problem presents an opportunity for inter-agency and international cooperation toward the mutually beneficial goals of debris prevention, mitigation, remediation, and improved space situational awareness (SSA). Achieving these goals requires sharing orbital debris and other SSA data. Toward this, I present an ontological architecture for the orbital debris and broader SSA domain, taking steps in the creation of an orbital debris ontology (ODO). The purpose of this ontological system is to (I) represent general orbital debris and SSA domain (...) knowledge, (II) structure, and standardize where needed, orbital data and terminology, and (III) foster semantic interoperability and data-sharing. In doing so I hope to (IV) contribute to solving the orbital debris problem, improving peaceful global SSA, and ensuring safe space travel for future generations. (shrink)

In recent years, theorists have debated how we introduce new social objects and kinds into the world. Searle, for instance, proposes that they are introduced by collective acceptance of a constitutive rule; Millikan and Elder that they are the products of reproduction processes; Thomasson that they result from creator intentions and subsequent intentional reproduction; and so on. In this chapter, I argue against the idea that there is a single generic method or set of requirements for doing so. Instead, there (...) is a variety of what I call “anchoring schemas,” or methods by which new social kinds are generated. Not only are social kinds a diverse lot, but the metaphysical explanation for their being the kinds they are is diverse as well. I explain the idea of anchoring and present examples of social kinds that are similar to one another but that are anchored in different ways. I also respond to Millikan’s argument that there is only one kind of “glue” that is “sticky enough” for holding together kinds. I argue that no anchoring schema will work in all environments. It is a contingent matter which schemas are successful for anchoring new social kinds, and an anchoring schema need only be “sticky enough” for practical purposes in a given environment. (shrink)

The paper responds to a common charge against constructivism about objects, the view that all objects are essentially socially constructed. The objection is that constructivism is false because there must exist unconstructed objects for there to be constructed objects. I contend that the worry is unsound because whatever exists fully independently of our activities cannot be an object.

It is often seen as a truism that social objects and facts are the product of human intentions. I argue that the role of intentions in social ontology is commonly overestimated. I introduce a distinction that is implicit in much discussion of social ontology, but is often overlooked: between a social entity’s “grounds” and its “anchors.” For both, I argue that intentions, either individual or collective, are less essential than many theorists have assumed. Instead, I propose a more worldly – (...) and less intellectualist – approach to social ontology. (shrink)

I explore the interrelations between the ontological and aesthetic issues raised by ready-mades such as Duchamp’s Fountain. I outline a hylomorphic metaphysics which has two central features. First, hylomorphically complex objects have matter to which they are not identical. Secondly, when such objects are artefacts (including artworks), it is essential to them that they are the products of creative work on their matter. Against this background, I suggest that ready-mades are of aesthetic interest because they pose a dilemma. Is there (...) really an object, a sculpture, that is distinct from its matter, a urinal, which object is created merely by the artist’s choice of the urinal? Or are we dealing with a case in which an artist passes off something, a urinal, as if it were a sculpture, even though it is not one? (shrink)

The goal of this paper is to develop a systematic taxonomy of cognitive artifacts, i.e., human-made, physical objects that functionally contribute to performing a cognitive task. First, I identify the target domain by conceptualizing the category of cognitive artifacts as a functional kind: a kind of artifact that is defined purely by its function. Next, on the basis of their informational properties, I develop a set of related subcategories in which cognitive artifacts with similar properties can be grouped. In this (...) taxonomy, I distinguish between three taxa, those of family, genus, and species. The family includes all cognitive artifacts without further specifying their informational properties. Two genera are then distinguished: representational and non-representational (or ecological) cognitive artifacts. These genera are further divided into species. In case of representational artifacts, these species are iconic, indexical, or symbolic. In case of ecological artifacts, these species are spatial or structural. Within species, token artifacts are identified. The proposed taxonomy is an important first step towards a better understanding of the range and variety of cognitive artifacts and is a helpful point of departure, both for conceptualizing how different artifacts augment or impair cognitive performance and how they transform and are integrated into our cognitive system and practices. (shrink)

This paper argues that attitudinal objects, entities of the sort of John's judgment, John's thought, and John's claim, should play the role of propositions, as the cognitive products of cognitive acts, not the acts themselves.

Philosophers and psychologists widely hold that artifact categories – just like biological categories – are individuated by their function. But recent empirical findings in psychology question this assumption. My proposal is to suggest a way of squaring these findings with the central role function should play in individuating artifact categories. But in order to do so, we need to give up on the standard account of artifact function, according to which function is fixed by design, and replace it with a (...) more context-sensitive account, according to which function attributions depend on the explanatory context and, as a result, categorization also depends on the explanatory context, just as the empirical findings from psychology suggest. I argue that the recent ‘modal theory of function’ originally proposed to explain biological function, is capable of providing such an account of artifact function. (shrink)

This fascinating collection on artifacts brings together seven papers by philosophers with nine by psychologists, biologists, and an archaeologist. The psychological papers include two excellent discussions of empirical work on the mental representation of artifact concepts – an assessment by Malt and Sloman of a large variety of studies on the conflicting ways we classify artifacts and extend our applications of artifact categories to new cases, and a review by Mahon and Caramazza of data from semantically impaired patients and from (...) neuroimaging on concepts of living kinds versus artifact kinds. Following these are three papers on the development of artifact concepts in children, including a short but provocative piece by Keil, Greif, and Kerner arguing that there is a mismatch between the patterns of development for our concepts of artifacts and the patterns of representation we end up developing. The final part of the book includes authoritative papers on artifact use by insects, birds, and mammals, by primates, and by Australopithecines and Neanderthals. (shrink)

In a recent article, Harold Noonan argues that application conditions and criteria of identity are not distinct from one another. This seems to threaten the standard approach to distinguishing sortals from adjectival terms. I propose that his observation, while correct, does not have this consequence. I present a simple scheme for distinguishing sortals from adjectival terms. I also propose an amended version of the standard canonical form of criteria of identity.

Software is a ubiquitous artifact, yet not much has been done to understand its ontological nature. There are a few accounts offered so far about the nature of software. I argue that none of those accounts give a plausible picture of the nature of software. I draw attention to the striking similarities between software and musical works. These similarities motivate to look more closely on the discussions regarding the nature of the musical works. With the lessons drawn from the ontology (...) of musical works I offer a novel account of the nature of software. In this account, software is an abstract artifact. I elaborate the conditions under which software comes into existence; how it persists; how and on which entities its existence depends. (shrink)

This special issue of Applied Ontology is devoted to the foundation, the comparison and the application of functional theories in all areas, with particular attention to the biological and engineering domains. It includes theoretical and technical contributions related to the description, characterization, and application of functions.

This article presents a formal ontology which accounts for the general nature of artefacts. The objective is to help structure application ontologies in areas where specific artefacts are present - in other words, virtually any area of activity. The conceptualization relies on recent philosophical and psychological research on artefacts, having resulted in a largely consensual theoretical basis. Furthermore, this ontology of artefacts extends the foundational DOLCE ontology and supplements its axiomatization. The conceptual primitives are as follows: artificial entity, intentional production (...) of entities, (state of) capacity, capacity to play a role in actions of a given type, function and functional object. These primitives enable artefacts in general to be characterized as intentionally and successfully produced entities, and isolate an important subclass of “technical” artefacts to which a function is ascribed. Lastly, we emphasize the novelty of this ontology by comparing it with other works with similar objectives. (shrink)

Attempts to trace a unifying thread of ontological realism extending through 1. my early writings on Frege, Brentano, Husserl, Wittgenstein, Ingarden and (with Kevin Mulligan and Peter Simons) on truthmakers; 2. work on formal theories of the common-sense world, and on mereotopology, fiat objects, geographical categories, and environments (with David Mark, Roberto Casati, Achille Varzi), to 3. current work on applied ontology in biology and medicine, and on the theory of document acts and on the ontology of information artifacts.

One thing about technical artefacts that needs to be explained is how their physical make-up, or structure, enables them to fulfil the behaviour associated with their function, or, more colloquially, how they work. In this paper I develop an account of such explanations based on the familiar notion of mechanistic explanation. To accomplish this, I outline two explanatory strategies that provide two different types of insight into an artefact’s functioning, and show how human action inevitably plays a role in artefact (...) explanation. I then use my own account to criticize other recent work on mechanistic explanation and conclude with some general implications for the philosophy of explanation.Keywords: Artefact; Technical function; Explanation; Levels of explanation; Mechanisms. (shrink)

Much of a culture’s history – its knowledge, capacity, style, and mode of material engagement – is encoded and transmitted in its artifacts. Artifacts crystallize practice; they are a type of meme reservoir that people interpret though interaction. So, in a sense, artifacts transmit cognition; they help to transmit practice across generations, shaping the ways people engage and encounter their world. So runs one argument.

Two criteria are proposed for characterizing the diverse and not yet perspicuous relations between nanotechnology and nature. They assume a concept of nature as that which is not made by human action. One of the criteria endorses a distinction between natural and artificial objects in nanotechnology; the other allows for a discussion of the potential nanotechnological modification of nature. Insofar as current trends may be taken as indicative of future development, nanotechnology might increasingly use the model of nature as a (...) point of orientation, while many of its products will continue to be clearly distinguished from nature. (shrink)

Suppose you own a garden-variety object such as a hat or a shirt. Your property right then follows the ageold saw according to which possession is nine-tenths of the law. That is, your possession of a shirt constitutes a strong presumption in favor of your ownership of the shirt. In the case of land, however, this is not the case. Here possession is not only not a strong presumption in favor of ownership; it is not even clear what possession is. (...) Possessing a thing like a hat or a shirt is a rather straightforward affair: the person wearing the hat or shirt possesses the shirt or the hat. But what is possession in the case of land? This essay seeks to provide an answer to this question in the form of an ontology of landed property. (shrink)

This article offers a novel, conservative account of material constitution, one that incorporates sortal essentialism and features a theory of dominant sortals. It avoids coinciding objects, temporal parts, relativizations of identity, mereological essentialism, anti-essentialism, denials of the reality of the objects of our ordinary ontology, and other departures from the metaphysic implicit in ordinary ways of thinking. Defenses of the account against important objections are found in Burke 1997, 2003, and 2004, as well as in the often neglected six paragraphs (...) that conclude section V of this article. (shrink)

In this paper I take it for granted that legal institutions are artifacts. In general, this can very well be considered a trivial thesis in legal philosophy. As trivial as this thesis may be, however, to my knowledge no legal philosopher has attempted an analysis of the peculiar reality of legal phenomena in terms of the reality of artifacts, and this is particularly striking because there has been much discussion about artifacts in general philosophy (specifically analytic metaphysics) over the last (...) twenty years. In particular, the concepts of intention, function, plan of action, and history are in competition to explain the ontology of artifacts, and a similar competition can be found at the core of legal theory. Such a striking parallelism between the domain of artifacts and that of legal institutions is a clue for legal ontology that deserves further attention: I will offer my own interpretation of this parallelism in the first part of this paper (Sections 2 and 3). In providing a theory of legal institutions as artifacts, one could be led to the conclusion that law is essentially an artificial phenomenon, something which does not bear any significant relationship to the natural domain. However, I think that such a conclusion would be mistaken. In fact, this is the second thesis I want to explore in this paper: not only that legal institutions are artifacts, but also that they can be artifacts which in some sense "mirror," or imitate, some descriptions of the natural, pre-social reality we live in. What I would like to show is not that legal institutions are "natural" in the sense that they have some feature which is not human-dependent, as some natural law theorists would say, but rather that their conceptual content can depend on our conceptualization of the natural domain despite being entirely artifactual. This is what I will call the "institutional mimesis" behind several important instances of legal artifacts, and I will deal with it in the second part of this paper (Sections 4 and 5). (shrink)