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)

John Searle has proposed one of the most influential contemporary accounts of social ontology. According to Searle, institutional facts are created by the collective assignment of a specific kind of function —status-function— to pre-existing objects. Thus, a piece of paper counts as money in a certain context because people collectively recognize it as money, and impose a status upon it, which in turn enables that piece of paper to deliver certain functions (means of payment, etc.). The first part of this (...) essay presents Searle’s theory of social ontology and summarizes his views on money. The second part centers on criticisms of his views and compares his theory with its main competitors, including the theories of Tuomela, Guala and Hindriks, and Smit, Buekens and Duplessis. The conclusion attempts to see what may remain of Searle’s theory after careful examination. (shrink)

Credentials play an important role in all modern societies, but the analysis of their nature and function has thus far been neglected by social philosophers. We present a view according to which the function of credentials is certify the identity and the institutional status (including the rights) of individuals. More importantly, credentials enable rights-holders to exercise their rights, so that for a particular right to be exercisable the right-holder should possess, carry and sometimes show to an authority (or QR code (...) scanner) a document of a specific kind. Driving licenses, identity cards, passports, boarding passes, library passes, credit cards, ATM cards, health insurance cards are all examples of credentials in this sense. Credentials have in every case a bearer, and the bearer should be able to carry them easily on his or her person. Credentials should also be inspectable – not least because credentials can be forged. The authors analyse several historical and contemporary examples of credentials, focusing on the credentials carried by the pilgrims of the Way of Saint James. (shrink)

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

According to the truthmaker theory that we favour, all contingent truths are made true by existing facts or states of affairs. But if that is so, then it appears that we must accept the existence of the negative facts that are required to make negative truths (such as 'There is no hippopotamus in the room.') true. We deny the existence of negative facts, show how negative truths are made true by positive facts, point out where the (reluctant) advocates of negative (...) facts (Russell, Armstrong, et al.) went wrong, and demonstrate the superiority of our solution to the alternatives. (shrink)

While the modern revival of virtue ethics largely looks back to Aristotle, most, if not all, versions of this trend continue to be much indebted to and/or based upon specific mid‐twentieth‐century neo‐naturalist and descriptivist critiques of prevailing antinaturalist trends of that time: specifically, upon Anscombe's critique of the ethics of duty and utility and of the so‐called modern moral ought, and Geach's robust defence of the descriptive character of moral and other goodness. However, in the wake of further critical attention (...) to these neo‐naturalist claims, this paper argues that there can ultimately be no reliable or secure logical or empirical grounding of the virtues of inherently normative human moral life and conduct in the goods or virtues of effective or even beneficial natural function. (shrink)

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

[ENG] The aim of this paper is to analyze the „possibility puzzle” presented by Shapiro (2011) in the context of the debate between conventionalism and non-conventionalism in speech act theory. Conventionalism claims that for every speech act there is a pattern (convention) which determines its illocutionary force. To perform a felicitous speech act is to fulfil necessary and sufficient conditions for this particular speech act. Non-conventionalism criticizes the view that for every speech act there is a conventional pattern and hidden (...) conditions, which are to be fulfilled. This view maintains the conventional thesis for the so-called strict conventional speech acts (e.g. performatives), but negates using universal quantifier for so-called communicative speech acts whose aim is, in short, to express an intention and force someone to act by virtue of this intention. As in (Shapiro 2011), Phil said: in order for someone to have the power to make, change and apply rules, there has to be a rule that empowers someone to do so. This objection concerned „The First Legis- lator” only from the conventional perspective on speech acts. If it can be maintained that The First Legislator’s speech acts may be non-conventional, then Phil’s argument misses the point. Finally, I will emphasize that only lawyers analyze „the very first speech acts” whereas for philosophers, the problem of e.g. „the very first question” is less absorbing. -/- [PL] Celem niniejszego artykułu jest przedstawienie tak zwanej Aporii Phila (possibility puz- zle) przedstawionej przez Shapiro (2011) w kontekście sporu konwencjonalizm–nonkon- wencjonalizm w teorii aktów mowy. Konwencjonalizm utrzymuje, że dla każdego aktu mowy istnieje konwencja, która determinuje moc illokucyjną aktu. Wykonać w pełni for- tunny akt mowy to spełnić wystarczające i konieczne warunki określone dla danego aktu mowy. Nonkonwencjonalizm krytykuje pogląd, że dla każdego aktu mowy istnieje okre- ślona konwencja oraz ukryte warunki, które należy spełnić. Ten pogląd utrzymuje kon- wencjonalną tezę dla tak zwanych stricte konwencjonalnych aktów mowy (na przykład performatywów), ale neguje użycie dużego kwantyfikatora dla tak zwanych komunika- cyjnych aktów mowy, których celem jest, w skrócie, wyrażenie pewnej intencji i zmusze- nie kogoś poprzez jej wyrażenie do określonego postępowania. Phil, bohater historii z książki Shapiro (2011), podkreślił, iż zawsze musi istnieć reguła upoważniająca do two- rzenia prawa. Ten zarzut dotyczący „Pierwszego Legislatora” jest zasadny tylko z per- spektywy konwencjonalizmu. Jeżeli można utrzymywać, że akt mowy Pierwszego Legislatora może być nonkonwencjonalny, wtedy argument Phila jest nietrafny. Na końcu scharakteryzowany jest następujący fenomen: tylko prawnicy analizują „pierwsze akty mowy”, natomiast dla filozofów problem „pierwszego pytania” nie jest tak absorbujący. (shrink)

To ascribe a telos is to ascribe a norm or standard of performance. That fact underwrites the plausibility of, say, teleological theories of mind. Teleosemantics, for example, relies on the normative character of teleology to solve the problem of “intentional inexistence”: a misrepresentation is just a malfunction. If the teleological ascriptions of such theories to natural systems, e.g., the neurological structures of the brain, are to be literally true, then it must be literally true that norms can exist independent of (...) intentional and psychological agency. Davies, for one, has argued that such norms are impossible within a naturalistic worldview. Consequently, teleological theories of mind, for example, cannot be literally true. I will show, however, that the truth conditions on normative statements do not presuppose intentional and psychological agency and, further, that a selectional regime is one naturalistic mechanism that satisfies those truth conditions. Norms, then, exist in the world independent of intentional and psychological agency. (shrink)

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

ABSTRACT“A legal system exists,” Joseph Raz claims, “if and only if it is in force.” By this he means to suggest that the efficacy of law—that is, its capacity to control the population to which it applies—is necessary for its identity as such. Despite widespread recognition that efficacy is a condition of the existence of law, however, little time has been spent analyzing the notion. This article begins an attempt to make up the deficit. I make the case for efficacy (...) as necessary for law and go on to develop and defend an account of the concept that is broadly Kelsenian in spirit. In doing so I address questions concerning the relationship between obedience and enforcement in an account of the existence of a legal system as well as relating the discussion to that concerning the ontological status of international law. (shrink)

This chapter develops Moral Occasionalism, according to which moral facts are grounded in certain natural facts, which are called sub-moral grounds, and these sub-moral grounds influence us in such a way as to induce largely correct moral beliefs. Moral Occasionalism is designed to explain the correlation of moral beliefs with the moral facts—and to do so in a way that is consistent with non-interactionist views, according to which moral facts neither influence nor are influenced by moral beliefs. It is argued (...) that moral non-naturalists and others who are committed to non-interactionist views ought to be in the business of defending Moral Occasionalism. The chapter shows that Moral Occasionalism has major advantages over its chief non-interactionist rival, namely David Enoch’s “godless pre-established harmony” view. The chapter anticipates and responds to several objections. (shrink)

This article develops a model first proposed in my book Jurisprudence and communication [67]. It takes as its starting point the generally conception that legal rules are valid norms, involving a normative content and expressing themselves in reality through observable conduct. This dualistic character of law is central. Law is both fiction and factual, ideal and real. But the viewpoint that a legal rule is a manifestation of validity in reality, through empirical acts, raises the question how rules as (valid) (...) fictions can be known and understood in their linguistic form. How is meaning attributed to the legal words and how do these words relate to the world of fact? Taking an institutional-pragmatic approach as a starting point, an analytical model is created that can be used as an instrument for the relationship between legal rules as thought objects existing only in the mind, and legal rules as observable conduct. This model seeks to revise the classical models of legal communication that basically focus on the unilateral flow of legal information between ‘senders and receivers’ and their claim of linear causality between rules and conduct. The model here constructed in the theoretical part is then applied to several case studies, in order to analyze the construction of meaning in actual use. Two fundamental rights—the older codified in 1798 and the more recent codified in 1983—in the Dutch Constitution have been analyzed using the model as an instrument. Further, the remarkable shifts in article 96 of the Constitution, the declaration of war, and its consequences, resulting in a new category of war—the armed conflict—have been analyzed, as well as the phenomenon of ‘peacekeeping missions’ involving actual warfare. The new war terminology has created vagueness with respect to the clear-cut division between war and peace, which has been reflected in several cases before Court, including the Eric O. case. The present analysis of the case studies indicates that the model was not in all cases completely tailored to the facts: for example, in the case study on article 96 a broad spectrum of observable legal and non-legal actors dominated the facts in such a way that the model did not fully cover it. The observations on my book by the three respondents in this special issue have contributed to the adaptation and extension of the model. In the Postscript my responses suggest some ways in which their ideas can be implemented. (shrink)

Many take the claim that you cannot ‘get’ an ‘ought’ from an ‘is’ to imply that non- moral beliefs are by themselves incapable of justifying moral beliefs. I argue that this is a mistake and that the position that moral beliefs are justified exclusively by non-moral beliefs—a view that I call moral inferentialism—presents an attractive non-sceptical moral epistemology.

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

Whereas many philosophers take backwards causation to be impossible, the few who maintain its possibility either take it to be absent from the actual world or else confined to theoretical physics. Here, however, I argue that backwards causation is not only actual, but common, though occurring in the context of our social institutions. After juxtaposing my cases with a few others in the literature and arguing that we should take seriously the reality of causal cases in these contexts, I consider (...) several objections. These objections involve whether the cases should be reinterpreted, whether they are properly within the institution, whether they involve necessitation or else Cambridge changes, whether and how they involve changing the past, and whether this should call us to question institutional reality. I end by suggesting that it is a virtue of our institutions that they allow backwards causation, that this is a kind of technology that they are often built to incorporate. (shrink)

This paper is an essay in what Austin (_Proc Aristotel Soc_ 57: 1–30, 1956–1957) called "linguistic phenomenology". Its focus is on showing how the grammatical features of ordinary causal verbs, as revealed in the kinds of linguistic constructions they can figure in, can shed light on the nature of the processes that these verbs are used to describe. Specifically, drawing on the comprehensive classification of English verbs founds in Levin (_English verb classes and alternations: a preliminary investigation_, University of Chicago (...) Press, Chicago, 1993), I divide the forms of productive causal processes into five classes, corresponding to Aristotle's ontological categories: there are processes that cause change in location, in state, and in quantity; and that lead to the creation and destruction of substances. These broader categories are then subdivided into other ones, corresponding to different Levin classes, according to further differences in the causal processes they involve. I conclude by discussing the relevance of this argument to research in metaphysics and experimental philosophy. (shrink)

This essay argues that legal efficacy understood as existent binding force and as dominance of a system of coercion vis-à-vis competing systems is not strictly a matter of fact, but involves what can be termed justified normativity in a factual context. The argument is divided into four sections. The first three sections describe different dimensions of a normative concept of legal efficacy applied to legal systems: efficacy as persuasiveness, as indirect communication, and as constitutive obedience. The final section focuses on (...) the efficacy of individual norms and adds a new criterion – membership – which establishes a multi-layered test of efficacy. (shrink)

This paper offers a rigorous philosophical defence for the approaches and methods of classical financial accounting research, drawn from New Pragmatism and, in particular, the ideas of Huw Price and Michael Lynch’s functional theory of truth. Such an underpinning is important because classical approaches and methods are often characterised as unscientific and lacking theoretical support. It can justify the resumption of scholarly efforts to employ classical approaches and methods to contribute to the development and refinement of accounting practice, including, and (...) especially, accounting’s conceptual framework, as part of the mainstream of the academy’s work. In addition, giving explicit attention to aspects of the functional theory of truth in the design of accounting research may improve its rigour and coherence. (shrink)

This paper proves a precisification of Hume’s Law—the thesis that one cannot get an ought from an is—as an instance of a more general theorem which establishes several other philosophically interesting, though less controversial, barriers to logical consequence.

My primary goal in this paper is to defend the plausibility of Kripke’s thesis that there are contingent a priori truths, and to fill out some gaps in Kripke’s own account of these truths. But the strategy here adopted is, to the best of my knowledge, still unexplored and different from the one adopted both by Kripke himself and by his critics. I first argue that Kripke’s examples of such truths can only be legitimate if seen as introduced by performative (...) utterances sense). And, if this is so, we can apply the machinery of illocutionary act theory to these utterances to explain how one can have a priori knowledge of some contingent facts generated by the utterances themselves. I shall argue that the overall strategy can fill out two gaps in Kripke’s original account: first, we can explain the nature of the truth-makers of contingent a priori truths sense, broadly conceived) and, second, we can explain how contingent a priori knowledge can be transmitted from one speaker to another. (shrink)

One important thesis Ásta defends in Categories We Live By is that social properties and categories are somehow dependent on our thoughts, attitudes, or practices—that they are inventions of the mind, projected onto the world. Another important aspect of her view is that the social properties are related to certain base properties; an individual is placed in a category when the relevant base properties are thought to hold of them. I see the relationship between the social and the base as (...) connected to the problem of explaining how the social properties are sufficiently stable so as to be taken seriously, both in theoretical endeavors as well as in practical matters of how we relate to each other. In this light, I identify stability constraints for an adequate account of social categories. I argue that certain distinctive aspects of Ásta's conferralist view of social categories, such as the radical contextualism in her account of gender, undermine the stability of categories and are at odds with taking social categories seriously. I end with the suggestion that a distinctive “sheltered” form of normativity might help us do justice to Ásta's insights while avoiding some of the destabilizing elements of conferralism. (shrink)

Much controversy has emerged on the demarcation between legal positivism and non-legal positivism with some authors calling for a ban on the -as they see it- nonsensical labelling of legal philosophical debates. We agree with these critics; simplistic labelling cannot replace the work of sophisticated and sound argumentation. In this paper we do not use the term ‘legal positivism’ as a simplistic label but identify a specific position which we consider to be the most appealing and plausible view on legal (...) positivism. This is the view advocated by Gardner in his paper 'Legal Positivism: 5½ Myths’, where he carefully scrutinises the most convincing and unifying postulates of legal positivism, which he calls “the thin view”. The study shows that this thin view presupposes an empirical conception of action that is untenable and implausible since it makes acts of engagement with the law unintelligible to an observer of such acts. (shrink)

In his celebrated 'Good and Evil' (l956) Professor Geach argues as against the non-naturalists that ‘good’ is attributive and that the predicative 'good', as used by Moore, is senseless.. 'Good' when properly used is attributive. 'There is no such thing as being just good or bad, [that is, no predicative 'good'] there is only being a good or bad so and so'. On the other hand, Geach insists, as against non-cognitivists, that good-judgments are entirely 'descriptive'. By a consideration of what (...) it is to be an A, we can determine what it is to be a good A, even where the ‘A’ in question is ‘human being’. These battles are fought on behalf of naturalism, indeed, of an up-to-date Aristotelianism. Geach plans to 'pass' from the 'purely descriptive' man to good/bad man, and from human act to good/bad human act. I argue: (l) That the predicative 'good' does have a genuine sense and that it is a mistake to suppose that ‘good’ is a purely attributive adjective. This does not entail that the predicative good (as used by Moore) denotes a non-natural property, but his mistake, if any is metaphysical or ontological not conceptual. (2) That the attributive 'good' cannot be used to generate a naturalistic ethic. It is difficult to extract a set of biologically based requirements out of human nature that are a) reasonably specific; b) rationally binding or at least highly persuasive; and c) morally credible. -/- On the way I protest against Geach’s tendency to try to win arguments by affecting not to understand things. -/- My views to some extent anticipate those of Kraut in *Against Absolute Goodness*. (shrink)

My first paper on the Is/Ought issue. The young Arthur Prior endorsed the Autonomy of Ethics, in the form of Hume’s No-Ought-From-Is (NOFI) but the later Prior developed a seemingly devastating counter-argument. I defend Prior's earlier logical thesis (albeit in a modified form) against his later self. However it is important to distinguish between three versions of the Autonomy of Ethics: Ontological, Semantic and Ontological. Ontological Autonomy is the thesis that moral judgments, to be true, must answer to a realm (...) of sui generis non-natural PROPERTIES. Semantic autonomy insists on a realm of sui generis non-natural PREDICATES which do not mean the same as any natural counterparts. Logical Autonomy maintains that moral conclusions cannot be derived from non-moral premises.-moral premises with the aid of logic alone. Logical Autonomy does not entail Semantic Autonomy and Semantic Autonomy does not entail Ontological Autonomy. But, given some plausible assumptions Ontological Autonomy entails Semantic Autonomy and given the conservativeness of logic – the idea that in a valid argument you don’t get out what you haven’t put in – Semantic Autonomy entails Logical Autonomy. So if Logical Autonomy is false – as Prior appears to prove – then Semantic and Ontological Autonomy would appear to be false too! I develop a version of Logical Autonomy (or NOFI) and vindicate it against Prior’s counterexamples, which are also counterexamples to the conservativeness of logic as traditionally conceived. The key concept here is an idea derived in part from Quine - that of INFERENCE-RELATIVE VACUITY. I prove that you cannot derive conclusions in which the moral terms appear non-vacuously from premises from which they are absent. But this is because you cannot derive conclusions in which ANY (non-logical) terms appear non-vacuously from premises from which they are absent Thus NOFI or Logical Autonomy comes out as an instance of the conservativeness of logic. This means that the reverse entailment that I have suggested turns out to be a mistake. The falsehood of Logical Autonomy would not entail either the falsehood Semantic Autonomy or the falsehood of Ontological Autonomy, since Semantic Autonomy only entails Logical Autonomy with the aid of the conservativeness of logic of which Logical Autonomy is simply an instance. Thus NOFI or Logical Autonomy is vindicated, but it turns out to be a less world-shattering thesis than some have supposed. It provides no support for either non-cognitivism or non-naturalism. (shrink)

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

This paper uses the distinction between thick and thin ethical concepts to illuminate the philosophical discourse referred to as “applied ethics.” It explores what thick ethical concepts have to offer in terms of a method for discussing issues in applied ethics. By focusing on thick ethical concepts, applied ethics can avoid the pitfall of creating a conceptual gap between empirical discourse and normative discourse. Applied ethics, the paper argues, is linked to philosophical and anthropological aspirations that have traditionally sought to (...) uncover the thick normative vocabulary relevant to particular practices and cultures. By focusing on thick descriptions, applied ethics discloses the rich normative meaning of our social practices and social relations. The concepts used therein are often unintelligible apart from the particular social practices through which their meaning is manifested. Accordingly, thick ethical concepts are philosophically useful for adopting a nonrepresentational conception of language, which underlies the expression of meaning of particular social practices. (shrink)

This paper gives an account of proxy agency in the context of collective action. It takes the case of a group announcing something by way of a spokesperson as an illustration. In proxy agency, it seems that one person or subgroup's doing something counts as or constitutes or is recognized as (tantamount to) another person or group's doing something. Proxy agency is pervasive in institutional action. It has been taken to be a straightforward counterexample to an appealing deflationary view of (...) collective action as a matter of all members of a group making a contribution to bringing about some event. I show that this is a mistake. I give a deflationary account of constitutive rules in terms of essentially collective action types. I then give an account of one form of constitutive agency in terms of constitutive rules. I next give an account of status functions—of which being a spokesperson is one—that also draws on the concept of a constitutive rule. I then show how these materials help us to see how proxy agency is an expression of the agency of all members of the group credited with doing something when the proxy acts. (shrink)

The aim of this article is to provide a critical review of recent writings about jealousy in psychology, as seen from a philosophical perspective. At a more general level of inquiry, jealousy offers a useful lens through which to study generic issues concerned with the conceptual and moral nature of emotions, as well as the contributions that philosophers and social scientists can make to understanding them. Hence, considerable space is devoted to comparisons of psychological and philosophical approaches to emotion research (...) in general. It turns out that although arguments about the necessary conceptual features of jealousy qua specific emotion, do carry philosophical mileage, they may fail to cut ice with psychologists who tend to focus on jealousy as a broad dimension of temperament. The review reveals a disconcerting lack of cross-disciplinary work on jealousy: the sort of work that has moved the discourse on other emotions forward in recent years. (shrink)

Does the very existence of money depend in any sense on our “recognition” of it? According to certain functionalist views, no such attitudes are necessary. This paper argues to the contrary for recognition dependence, of a minimal sort. What’s needed in a population is (1) the functional know-how of money use, (2) an ideational structure founded upon people’s thinking about what others are thinking, and (3) wide enough acceptance of a payment or settlement obligation (as expressed, e.g., when someone asks (...) a vendor “So what do I owe ya?”). (shrink)

Journal of Social Philosophy, EarlyView.

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)

According to John Searle’s well-known Is-Ought Argument, it is possible to derive an ought-statement from is-statements only. This argument concerns obligations involved in institutions such as promising, and it relies on the idea that institutions can be conceptualized in terms of constitutive rules. In this paper, I argue that the structure of this argument has never been fully appreciated. Starting from my status account of constitutive rules, I reconstruct the argument and establish that it is valid. This reconstruction reveals that (...) the soundness of the argument depends on whether collective acceptance as such can generate obligations. Margaret Gilbert has argued that it can, and thus far some of her central arguments have not been addressed. The upshot is that the Is-Ought Argument deserves to be taken seriously once again. (shrink)

The dualistic structures permeating western culture emphasize radical discontinuity between humans and nonhumans, but receptive attention to nonhuman others discloses both continuity and difference prevailing between other forms of life and our own. Recognizing that agency and subjectivity abound within nature alerts us to our potential for dominating and oppressing nonhuman others, as individuals and as groups. Reciprocally, seeing ourselves as biological beings may facilitate reconstructing our social reality to undo such destructive relationships.

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

Dialogues and dialectics have come to playan important role in the field of ArtificialIntelligence and Law. This paper describes thelegal-theoretical and logical background of this role,and discusses the different services into whichdialogues are put. These services include:characterising logical operators, modelling thedefeasibility of legal reasoning, providing the basisfor legal justification and identifying legal issues,and establishing the law in concrete cases. Specialattention is given to the requirements oflaw-establishing dialogues.

Current debates in social ontology are dominated by approaches that view institutions either as rules or as equilibria of strategic games. We argue that these two approaches can be unified within an encompassing theory based on the notion of correlated equilibrium. We show that in a correlated equilibrium each player follows a regulative rule of the form ‘if X then do Y’. We then criticize Searle's claim that constitutive rules of the form ‘X counts as Y in C’ are fundamental (...) building blocks for institutions, showing that such rules can be derived from regulative rules by introducing new institutional terms. Institutional terms are introduced for economy of thought, but are not necessary for the creation of social reality. (shrink)

This paper presents an Anscombian alternative to the traditional deontic conception of ought. According to the Anscombian conception of ought developed here, ought is general as opposed to ‘peculiarly moral’, norm-referring instead of law- or obligation-referring, and ‘heroic’ in the sense that it does not presuppose that individuals can do or be as they ought. Its connection to matters of fact can, moreover, be clearly stated. In the first part of the paper, I describe some significant logical characteristics of this (...) conception, and argue that it provides a more suitable account of the oughts of ethics as compared to the deontic conception. One particular strength of the Anscombian conception of ought is that it does justice to the possibility of tragedy in human life, where tragedy is understood as the possibility that a thoroughly well-intentioned individual might sometimes ensure her own moral imperfection, precisely by doing what is morally right or best at every step along the way. To motivate this feature of the view, I sketch a corresponding picture of responsibility for actions in terms of ownership of one’s deeds. This conception of responsibility allows that what one ought to do is not always constrained by what one can do, while saving the intuitions about fairness and the practical scope of moral norms that principally motivate ‘ought implies can’. To illustrate and motivate the overall account I discuss a number of cases, including the character Winston from George Orwell’s 1984. (shrink)

It is plausible that every true representation is made true by something in the world beyond itself. I believe that a simple fact is the truthmaker of each true proposition. Simple facts are not familiar entities. This lack of familiarity might lead many to regard them with suspicion, to think that including them in one’s ontology is an ad hoc maneuver. Although such suspicion is warranted initially, it is, I believe, ultimately unfounded. In this paper, I first present what I (...) take to be the simplest argument for simple facts. I then clarify what a simple fact is supposed to be by elucidating the way in which such entities are simple and elaborating an account of their nature. The simplest argument for simple facts relies on a premise that is deeply plausible and yet not uncontroversial, so I present a second argument that forgoes this premise. The second argument is more subtle—and shows the relevance to this discussion of unity from complexity, a metaphysical notion of profound importance—and yet leads to the same conclusion: simple facts exist. I end by considering some concerns one might have regarding the existence of simple facts or the fundamental role that I maintain they have in making true our thoughts and claims about the world. (shrink)

This paper arose out of the 2017 international conference on AI and law doctoral consortium. There were five students who presented their Ph.D. work, and each of them has contributed a section to this paper. The paper offers a view of what topics are currently engaging students, and shows the diversity of their interests and influences.

That certain paper bills have monetary value, that Vladimir Putin is the president of Russia, and that Prince Philip is the husband of Queen Elizabeth II: such facts are commonly called ‘institutional facts’. IFF are, by definition, facts that exist by virtue of collective recognition. The standard view or tacit belief is that such facts really exist. In this paper we argue, however, that they really do not—they really are just well-established illusions. We confront realism about IFF with six criteria (...) of existence, three established and three less so but highly intuitive. We argue that they all tell against the existence of IFF. An obvious objection to IFF non-realism is that since people’s behaviour clearly reflects the existence of IFF, denying their existence leaves an explanatory gap. We reject this argument by introducing a variant of the so-called ‘Thomas Theorem,’ which says that when people collectively recognize a fact as existing, they largely behave accordingly, regardless of whether that fact really exists or not. (shrink)

Belief revision from the point of view of doxastic logic. Logic Journal of the IGPL, 3(4), 535–553. Segerberg, K. (1995). Conditional action. In G. Crocco, L. Fariñas, & A. Herzig (Eds.), Conditionals: From philosophy to computer science, Studies ...