We remark that the A Contrario Argument is an ambiguous technique of justification of judicial decisions. We distinguish two uses and versions of it, strong and weak, taking as example the normative sentence “Underprivileged citizens are permitted to apply for State benefit”. According to the strong version, only underprivileged citizens are permitted to apply for State benefit, so stateless persons are not. According to the weak, the law does not regulate the position of underprivileged stateless persons in this respect. We (...) propose an inferential analysis of the two uses along the lines of the scorekeeping practice as described by Robert Brandom, and try to point out what are the ontological assumptions of the two. We conclude that the strong version is justified if and only if there is a relevant incompatibility between the regulated subject and the present case. (shrink)

The specter of the ‘group mind’ or ‘collective subject’ plays a crucial and fateful role in the current debate on collective intentionality. Fear of the group mind is one important reason why philosophers of collective intentionality resort to individualism. It is argued here that this measure taken against the group mind is as unnecessary as it is detrimental to our understanding of what it means to share an intention. A non-individualistic concept of shared intentionality does not necessarily have to get (...) stuck with some collectivist super-agent. Rather, the specter of the group mind arises from a deep-seated ‘Cartesian’ preconception concerning intentionality, which we should try to overcome. (shrink)

Collective intentionality is one of the most fundamental notions in social ontology. However, it is often thought to refer to a capacity which does not presuppose the existence of any other social facts. This chapter critically examines this view from the perspective of one specific theory of collective intentionality, the theory of Margaret Gilbert. On the basis of Gilbert’s arguments, the chapter claims that collective intentionality is a highly contingent achievement of complex social practices and, thus, not a basic social (...) phenomenon. The argument proceeds in three steps. First, Gilbert’s thesis that certain kinds of collective intentionality presuppose joint normative commitments is introduced. Second, it is argued that, on this view, individual commitments can only constitute the relevant kinds of collective intentional states if there are socially shared “principles of membership” that connect the force of individual commitments to a shared content. Third, it is shown that strong collective intentionality depends on the practical acceptance of shared norms and on the establishment of authority relations through mutual recognition. (shrink)

The thesis asserting the mental dependence of institutional entities is particularly debated in social ontology. One of its implications is the infallibility thesis, according to which the existence of institutional entities requires that some of their properties be known. What are these properties? After presenting the Searlian conception of institutional entities and the kind of mental dependence they manifest, I specify the content of the infallibility thesis. I then show that these properties are the deontic powers associated with these entities, (...) and that the mental attitude towards deontic powers must take the form of practical knowledge. Finally, I show that this interpretation is compatible with the existence of at least some naturalized institutional entities. (shrink)