In this contribution we will explore some of the implications of the vision of Ambient Intelligence (AmI) for law and legal philosophy. AmI creates an environment that monitors and anticipates human behaviour with the aim of customised adaptation of the environment to a person’s inferred preferences. Such an environment depends on distributed human and non-human intelligence that raises a host of unsettling questions around causality, subjectivity, agency and (criminal) liability. After discussing the vision of AmI we will present relevant research (...) in the field of philosophy of technology, inspired by the post-phenomenological position taken by Don Ihde and the constructivist realism of Bruno Latour. We will posit the need to conceptualise technological normativity in comparison with legal normativity, claiming that this is necessary to develop democratic accountability for the implications of emerging technologies like AmI. Lastly we will investigate to what extent technological devices and infrastructures can and should be used to achieve compliance with the criminal law, and we will discuss some of the implications of non-human distributed intelligence for criminal liability. (shrink)

This paper introduces a new family of cases where agents are jointly morally responsible for outcomes over which they have no individual control, a family that resists standard ways of understanding outcome responsibility. First, the agents in these cases do not individually facilitate the outcomes and would not seem individually responsible for them if the other agents were replaced by non-agential causes. This undermines attempts to understand joint responsibility as overlapping individual responsibility; the responsibility in question is essentially joint. Second, (...) the agents involved in these cases are not aware of each other's existence and do not form a social group. This undermines attempts to understand joint responsibility in terms of actual or possible joint action or joint intentions, or in terms of other social ties. Instead, it is argued that intuitions about joint responsibility are best understood given the Explanation Hypothesis, according to which a group of agents are seen as jointly responsible for outcomes that are suitably explained by their motivational structures: something bad happened because they didn’t care enough; something good happened because their dedication was extraordinary. One important consequence of the proposed account is that responsibility for outcomes of collective action is a deeply normative matter. (shrink)

The last few decades have seen a dramatic increase in concern with matters of ethics in all areas of public life. This ‘applied turn’ in ethics raises important issues not only of focus, but also of methodology. Sometimes a moral end or moral feature is designed into an institution or technology; sometimes a morally desirable outcome is the fortuitous, but unintended, consequence of an institutional arrangement or technological invention. If designing-in ethics is the new methodological orientation for applied ethics, globalisation (...) is providing many of the practical ethical problems upon which to deploy this methodology. (shrink)

This article characterises the nature of cognitive warfare and its use of disinformation and computational propaganda and its political and military purposes in war and in conflict short of war. It discusses both defensive and offensive measures to counter cognitive warfare and, in particular, measures that comply with relevant moral principles.

Collective apologies on behalf of governments to historically mistreated minorities have become more common. It is unclear, however, how we should respond to these apologies and other practices that invoke collective responsibility for oppression (chapter 1). I review the current literature on collective responsibility to better understand the obstacles facing an account of collective responsibility for oppression (chapter 2). I then argue that we can make sense of these practices by holding powerful organized collectives (chapter 3) and privileged disorganized collectives (...) (chapter 4) responsible for oppression. These practices then can be what I call “morally legitimate” if they are confessions of self-blame, and this self-blame contains an element of collective-self protest (chapter 5). (shrink)

This article argues for the claim that we are morally responsible (in the qualified sense proposed in the article) for the crimes of our ancestors if our ancestors, as a collectivity, were part of a community for whose sake and in whose name crimes were committed that meet the definition of the crime of genocide. This claim of ‘‘vicarious intergenerational moral responsibility’’ is supported by two arguments. The first counters the claim that one cannot have responsibilities for events in the (...) past by arguing that this claim oversimplifies one’s relationship to one’s past and the collectivities in which people live. Such collectivities, both ethnic and religious, have identities across time; identification with these collectivities involves accepting certain moral obligations. The second argument is based on the following premise: the political, social, cultural, and educational institutions that mark all large collectivities, such as nations, provide a degree of moral reliability that is necessary for individuals to carry out their legitimate interests. We count on such institutions to exemplify the values that allow individuals to flourish in their life activities. These institutions are by their very nature intergenerational. The moral reliability of such institutions thus requires that we endeavor to acknowledge and repair the damage caused by the failure of these institutions in the past. Accordingly, their health engenders a moral obligation on our part. Vicarious intergenerational moral responsibility is a responsibility not to the past per se but to the past as it plays an active role in the present. (shrink)

This article considers individual rights and fundamental tenets of the criminal justice system in the context of DNA evidence, in particular recent advancements in genomics that have significantly advanced law enforcement investigative capabilities in this area. It discusses a technique known as Investigative Genetic Genealogy (IGG) which utilizes genomic data held by commercial direct-to-consumer ancestry and health companies to investigate the identity of suspects linked to serious crimes. Using this technique, even if only a small proportion of the population (e.g. (...) 5%) has submitted genomic data to these companies, almost anyone in the population can be identified. We discuss this phenomenon in the context of the existing literature and arguments in relation to universal forensic DNA databases, as well as relevant recent developments in both liberal democracies and authoritarian states. We introduce the concept of a quasi-universal forensic DNA database and consider associated implications for the criminal justice system and society from the perspectives of privacy, the right not to self-incriminate, joint rights, and collective responsibility. (shrink)

PurposeAs interest in technology ethics is increasing, so is the interest in bringing schools of ethics from non-Western philosophical traditions to the field, particularly when it comes to information and communication technology. In light of this development and recent publications that result from it, this paper aims to present responds critically to recent work on Confucian virtue ethics (CVE) and technology.Design/methodology/approachFour critiques are presented as theoretical challenges to CVE in technology, claiming that current literature insufficiently addresses: overall applicability, collective ethics (...) issues, epistemic overconfidence within technology corporations and amplification of epistemic overconfidence by the implementation of CVE. These challenges make use of general CVE literature and work on technology critique, political philosophy, epistemology and business ethics.FindingsImplementing CVE in technology may yield some benefits, but these may be outweighed by other outcomes, include strengthening hierarchies, widening inequities, increasing, rather than limiting, predictive activity, personal data collection, misinformation, privacy violations and challenges to the democratic process.Originality/valueThough not directly advocating against CVE, the paper reveals hitherto unidentified and serious issues that should be addressed before CVE are used to inform ethics guidelines or regulatory policies. It also serves as a foundation for further inquiry into how Eastern philosophy more broadly can inform technology ethics in the West. (shrink)

Philosophers increasingly argue that collective agents can be blameworthy for wrongdoing. Advocates tend to endorse functionalism, on which collectives are analogous to complicated robots. This is puzzling: we don’t hold robots blameworthy. I argue we don’t hold robots blameworthy because blameworthiness presupposes the capacity for a mental state I call ‘moral self-awareness’. This raises a new problem for collective blameworthiness: collectives seem to lack the capacity for moral self-awareness. I solve the problem by giving an account of how collectives have (...) this capacity. The trick is to take seriously individuals’ status as flesh-and-blood material constituents of collectives. The idea will be: under certain conditions that I specify, an individual can be the locus of a collective's moral self-awareness. The account provides general insights concerning collectives’ dependence on members, the boundaries of membership, and the locus of collectives’ phenomenology. (shrink)

As information technologies have become synonymous with progress in modern society, several ethical concerns have surfaced about their societal implications. In the past few decades, information technologies have had a value-laden impact on social evolution. However, there is limited agreement on the responsibility of businesses and innovators concerning the ethical aspects of information technologies. There is a need to understand the role of business incentives and attitudes in driving technological progress and to understand how they steer the ethics discourse on (...) technology. In the information technology industry, there is an observed trivialization of ethics supported by a business driven and technology-centric approach to ethics. This trivialization rests on hardened beliefs, ideologies, and arguments which hint at reduced accountability for business and tend to individualize social responsibility. The phenomenon of ethics trivialization needs to be duly addressed to resolve the tensions between business needs and ethical concerns. This paper has identified from literature and conceptually analyzed the beliefs and ideologies underlying ethics trivialization which undermine ethics in business contexts. The paper has attempted to address the business concerns indicated by this phenomenon as well as highlight the weaknesses of its assumptions, rhetoric, and justifications. The aim of this paper is to systematically present the justifications in favor of and against the practice of ethics trivialization in the information technology domain, thereby highlighting the need to develop frameworks for assessment of ethical responsibility, accountability, and democratization of the value trade-offs involved in the design of technologies. (shrink)

This chapter will develop standards for assessing individual moral responsibility for collective action. In some cases, these standards expand a person’s responsibility beyond what she or he would be responsible for if performing the same physical behavior outside of a group setting. I will argue that structural differences between two ideal types of groups— organizations and goal- oriented collectives— largely determine the baseline moral responsibility of group members for the group’s collective action. (Group members can be more or less responsible (...) for collective action beyond that baseline due to personal qualities like knowledge of the intended collective outcome.) The same individual physical behavior can make the member of a goal-oriented collective responsible for the entire collective action to an equal degree with her fellow group members, whereas the typical organization member is only responsible for his contributory action. (shrink)

It is commonplace to attribute obligations to φ or blameworthiness for φ-ing to groups even when no member has an obligation to φ or is individually blameworthy for not φ-ing. Such non-distributive attributions can seem problematic in cases where the group is not a moral agent in its own right. In response, it has been argued both that non-agential groups can have the capabilities requisite to have obligations of their own, and that group obligations can be understood in terms of (...) moral demands on individual group members. It has also been suggested that members of groups can share responsibility for an outcome in virtue of being causally or socially connected to that outcome. This paper discusses the agency problem and argues that the most promising attempts at solutions understand group obligations and blameworthiness as grounded in demands on individual agents. (shrink)

This essay provides a critical overview of the debate about corporate moral responsibility. Parties to the debate address whether corporations are the kinds of entities that can be blamed when they cause unjustified harm. Proponents of CMR argue that corporations satisfy the conditions for moral agency and so they are fit for blame. Their opponents respond that corporations lack one or more of the capacities necessary for moral agency. I review the arguments on both sides and conclude ultimately that what (...) divides the two is not so much competing conceptions of the corporation as it is disagreement about what moral agency requires. Homing in on the real site of contention will, it is hoped, allow future participants in the debate to focus their efforts more productively. (shrink)

Safety and care for the natural environment are two of the most important values that drive scientific enterprise in twentieth century. Researchers and innovators often develop new technologies aimed at pollution reduction, and therefore satisfy the strive for fulfilment of these values. This work is often incentivized by policy makers. According to EU directive 2006/40/EC on mobile air conditioning since 2013 all newly approved vehicles have to be filled with refrigerant with low global warming potential. Extensive and expensive research financed (...) by leading car manufacturers led to invention of R-1234yf refrigerant with GWP < 1, which was huge improvement. For the proper understanding of this case it will be useful to refer it to the idea of responsible innovation, which is now being developed and quickly attracts attention. I proceed in the following order. Firstly, I present the relevant properties of R-1234yf and discuss the controversy associated with its marketing. Secondly, I examine framework for responsible innovation. In greater detail I discuss the notions of care for future generations and collective responsibility. Thirdly, I apply the offered framework to the case study at hand. Finally, I draw some conclusions which go in two directions: one is to make some suggestions for improving the framework of RI, and the second is to identify missed opportunities for developing truly responsible refrigerant. (shrink)

While it is well recognized that many everyday consumer behaviors, such as purchases of sweatshop goods, come at a cost to the global poor, it has proven difficult to argue that even knowing, repeat contributors are somehow morally complicit in those outcomes. Some recent approaches contend that marginal contributions to distant harms are consequences that consumers straightforwardly should have born in mind, which would make consumers seem reckless or negligent. Critics reasonably reply that the bad luck that my innocent purchase (...) contributes distantly to harm provides insufficient grounds for moral blame; moreover, such distant and seemingly inevitable collective effects are not by themselves obvious reasons for agents to refrain from acting. Granting these criticisms, I argue that the harm that agents do through knowing contributions to distant collective harm actually builds on the morally sparse agential phenomenology of everyday purchases and decisions: contributors who knowingly disregard distant harms, rather than being reckless or negligent about consequences they should have foreseen, very directly perpetuate the moral invisibility and the lack of recognition from which the global poor generally suffer. This provides agents with clearer moral reasons to refrain from knowing participation in unstructured collective harms, and clearer reason to bear them in mind in acting. (shrink)

Jag argumenterar för att oorganiserade kollektiv, såsom kollektivet av alla människor, kan handla moraliskt rätt och fel. Storskaliga problem likt den globala uppvärmningen är till exempel resultatet av en sådan kollektiv handling, nämligen hela mänsklighetens utsläpp av växthusgaser. Denna kollektiva handling är dessutom moraliskt fel, på grund av dess dåliga konsekvenser. Jag bemöter också en invändning mot denna uppfattning om kollektivt handlande, enligt vilken det är intuitivt orimligt att oorganiserade kollektiv såsom ”hela mänskligheten” kan handla.

_ Source: _Page Count 19 Collectivities can have obligations beyond the aggregate of pre-existing obligations of their members. Certain such collective obligations _distribute_, i.e., become members’ obligations to do their fair share. In _incremental good_ cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute.States are involuntary collectivities that bear moral obligations. Certain states, _democratic legal states_, are collectivities whose obligations can distribute. Many existing (...) states are democratic legal states, but none satisfies more rigorous requirements of distributive justice. There, citizens who hold assets, in excess of what is just, bear a distributed duty to dedicate that excess toward correcting the injustice. It is an incremental good case not conditioned on the conformity of others who are also wealthier than justice allows, nor on the diligence of the state in meeting its obligations. (shrink)

Die Diversität von Nahrungspflanzen, ein Ergebnis Jahrtausende langer Zuchtbemühungen, ist in den letzten Jahrzehnten dramatisch zurückgegangen. Schätzungen zufolge machen von den über 7000 Nahrungspflanzenarten ganze 103 Sorten 90% der Nahrungsmittelproduktion aus. Dieser Verlust könnte in Zukunft gewaltige negative Auswirkungen auf die Nahrungsmittelsicherheit haben, da die Biodiversität eine zentrale Rolle bei der Absorbierung biotischer und abiotischer Stressfaktoren spielt, die auf die Pflanzen wirken. Darüber hinaus stellt der Verlust eine bedeutende Verarmung nicht nur des Pools genetischer Ressourcen dar, die zukünftigen Generationen zur (...) Verfügung stehen, sondern auch der kulturellen Diversität, indem die Nahrungsmittelvielfalt der Landesküchen eingeschränkt und sowohl Kulturlandschaften als auch Stadtgärten vereinheitlicht werden. Wegen der grundlegenden Funktion, die die Agrobiodiversität in der menschlichen Gesellschaft erfüllt, werden wir im Folgenden verschiedene Schwierigkeiten bei der Pflege der Agrobiodiversität als ein gemeinsames Erbe der Menschheit in einer stark ungleichen Welt erörtern. Zuvor jedoch möchten wir untersuchen, was Agrobiodiversität eigentlich ist und welche Funktion sie für das menschliche Wohlbefinden erfüllt. Ziel dieses Artikels ist zu zeigen, inwieweit sich verschiedene Anreizsysteme unterschiedlich auf den Erhalt von Agrobiodiversität auswirken. (shrink)

Responsible Research and Innovation provides a framework for judging the ethical qualities of innovation processes, however guidance for researchers on how to implement such practices is limited. Exploring RRI in the context of nanotechnology, this paper examines how the dispersed and interdisciplinary nature of the nanotechnology field somewhat hampers the abilities of individual researchers to control the innovation process. The ad-hoc nature of the field of nanotechnology, with its fluid boundaries and elusive membership, has thus far failed to establish a (...) strong collective agent, such as a professional organization, through which researchers could collectively steer technological development in light of social and environmental needs. In this case, individual researchers cannot innovate responsibly purely by themselves, but there is also no structural framework to ensure that responsible development of nanotechnologies takes place. We argue that, in such a case, individual researchers have a duty to collectivize. In short, researchers in situations where it is challenging for individual agents to achieve the goals of RRI are compelled to develop organizations to facilitate RRI. In this paper we establish and discuss the criteria under which individual researchers have this duty to collectivize. (shrink)

ABSTRACTIn this article, I examine the extent to which military officers are morally responsible for the actions of others by virtue of shared membership in various groups. I argue that career military officers share membership in morally relevant groups that include their branch of service, Department of Defense and the entire Executive Branch of Government, and I outline the circumstances under which career officers bear moral culpability for the actions of members of this group. A number of implications arise from (...) these findings. The first and most important is that military officers have an interest in ensuring the moral rectitude of government agents specifically as it pertains to their official capacities. Additionally, military officers have a duty not only to be informed about problematic government policies but also to educate themselves on the pertinent legal jurisprudence or ethical considerations. Finally, the Constitutional Paradigm of Military Ethics may be an insufficient guide for the part.. (shrink)

The Hypothesis of Extended Cognition (HEC)—that many cognitive processes are carried out by a hybrid coalition of neural, bodily and environmental factors—entails that the intentional states that are reasons for action might best be ascribed to wider entities of which individual persons are only parts. I look at different kinds of extended cognition and agency, exploring their consequences for concerns about the moral agency and personal responsibility of such extended entities. Can extended entities be moral agents and bear responsibility for (...) actions, in addition to or in place of the individuals typically held responsible? What does it mean to be autonomous when one’s cognition is influenced and supported by a milieu of environmental factors? To answer these questions, I explore strong parallels between HEC’s critique of individualism in cognition, and feminist critiques of individualist accounts of self, agency, and autonomy. This relational and social conception of autonomous agency, as scaffolded and supported (or undermined and impaired) by a milieu of social, relational, and normative factors, has important lessons for HEC. Drawing together these two visions of distributed and decentralized aspects of personhood highlights how cognition, action, and responsibility are inextricably linked. It also encourages a reconceptualization of all cognition and all concerns about responsibility for actions, not simply as sometimes extended around individuals, but as fundamentally communal, social, and normative, with individual cognition and individual moral responsibility being derivative special cases, not the paradigm examples. Individuals are merely one of many possible loci of cognition, action, and responsibility. (shrink)

Knowing that technologies are inherently value-laden and systemically interwoven with society, the question is how individual engineers can take up the challenge of accepting the responsibility for their work? This paper will argue that engineers have no institutional structure at the level of society that allows them to recognize, reflect upon, and actively integrate the value-laden character of their designs. Instead, engineers have to tap on the different institutional realms of market, science, and state, making their work a ‘hybrid’ activity (...) combining elements from the different institutional realms. To deal with this institutional hybridity, engineers develop routines and heuristics in their professional network, which do not allow societal values to be expressed in a satisfactory manner. To allow forms of ‘active’ responsibility, there have to be so-called ‘accountability forums’ that guide moral reflections of individual actors. The paper will subsequently look at the methodologies of value-sensitive design and constructive technology assessment and explore whether and how these methodologies allow engineers to integrate societal values into the design technological artifacts and systems. As VSD and CTA are methodologies that look at the process of technological design, whereas the focus of this paper is on the designer, they can only be used indirectly, namely as frameworks which help to identify the contours of a framework for active responsibility of engineers. (shrink)

The moral, as opposed to legal, justification for the preventive detention of terrorists is the topic of this article, and, in particular, for the preventive detention of members of extremist Islam...

In this paper my concern is with the collective moral responsibility of criminal investigators for the outcomes of their investigations, bearing in mind that it is important to distinguish collective moral responsibility from, and relate it to, individual moral responsibility. In what sense, if any, are police detectives individually and collectively morally responsible for their success (or, for that matter, their failure) in gathering sufficient evidence to identify, arrest, and charge an offender who has committed a serious crime? Alternatively, in (...) what sense are they morally responsible in cases where they identify, arrest, and charge an innocent person? And in what sense, if any, are police detectives individually and collectively morally responsible for the ultimate outcome of the trial, the finding by the courts of someone they have investigated and charged with a serious crime to be guilty or innocent? (shrink)

This article’s primary concern is with characterizing and distinguishing institutional corruption and institutional corrosion. While the concept of institutional corruption entails some degree of culpability on the part of institutional role occupants, this does not seem to be the case with institutional corrosion. The article outlines and motivates a prior definition of institutional corruption developed elsewhere to develop an account of the contrasting notion of institutional corrosion. Since both institutional corruption and institutional corrosion are typically the product of some form (...) of collective action or omission on the part of multiple institutional role occupants, there is also a need to provide a serviceable notion of collective responsibility. (shrink)

Moral responsibility for outcomes in corporate settings can be ascribed either to the individual members, the corporation, or both. In the latter case, the relationship between individual and corporate responsibility has been approached as inversely proportional, such that an increase in individual responsibility leads to a corresponding decrease in corporate responsibility and vice versa. In this article, we develop a non-proportionate approach, where, under specific conditions, individual and corporate moral responsibilities interact dynamically, leading to a mutual enhancement of responsibility: the (...) more the corporation is responsible, the more the individuals become responsible and vice versa. We develop this mutually enhancing approach in terms of normative ascriptions of responsibility, while leaving aside empirical implications in terms of mutual awareness of responsibility between individuals and corporations. We explore conceptually the conditions and mechanisms that generate this mutual enhancement and also discuss the implications for research and practice. (shrink)

_ Source: _Page Count 19 Collectivities can have obligations beyond the aggregate of pre-existing obligations of their members. Certain such collective obligations _distribute_, i.e., become members’ obligations to do their fair share. In _incremental good_ cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute.States are involuntary collectivities that bear moral obligations. Certain states, _democratic legal states_, are collectivities whose obligations can distribute. Many existing (...) states are democratic legal states, but none satisfies more rigorous requirements of distributive justice. There, citizens who hold assets, in excess of what is just, bear a distributed duty to dedicate that excess toward correcting the injustice. It is an incremental good case not conditioned on the conformity of others who are also wealthier than justice allows, nor on the diligence of the state in meeting its obligations. (shrink)

This article provides an overview of the field of business ethics.

Introduction Groups and solidarity are, separately, widely debated concepts in contemporary social philosophy, yet their interplay remains largely unexplored and undertheorized. In fact, when it comes to investigating one of these concepts, more often than not the other is at best vaguely mentioned as a background assumption, and vice versa. To be fair, this poor attention to the connections between groups and solidarity is not to be addressed to social philosophers only, for it is easily rec...

Attributions of what we shall call normative responsibilities play a central role in everyday moral thinking. It is commonly thought, for example, that parents are responsible for the wellbeing of their children, and that this has important normative consequences. Depending on context, it might mean that parents are morally required to bring their children to the doctor, feed them well, attend to their emotional needs, or to see to it that someone else does. Similarly, it is sometimes argued that countries (...) that emit most greenhouse gases are responsible for preventing catastrophic climate change. This responsibility might imply that these countries are morally required to take necessary steps individually and jointly to come to an agreement on and implement a workable plan, and to avoid steps that worsen the situation. More trivially, the grading of your student’s essays might be your responsibility, as might making sure there is wine at tomorrow’s picnic, and you might thus be required to see to it that essays are competently graded and suitable wine brought to the picnic. -/- Though attributions of normative responsibilities are legion, such responsibilities have received surprisingly little philosophical attention compared to its normative relatives, obligations and reasons, and compared to retrospective responsibility. This chapter hopes to improve on this situation by taking on two main tasks. The first, attempted in section 1, is to spell out the general structure of normative responsibility, in particular the relation between normative responsibilities and corresponding obligations and demands. We suggest that normative responsibilities are constituted by normative requirements that the responsible agents care appropriately about how well things go in certain regards, and that obligations generally can be seen as straightforward upshots of requirements to care. -/- The second task, taken on in section 2, is to provide an overview of prominent sources of normative responsibility and its distribution among agents. Why would the children’s wellbeing be the parents’ responsibility? Why not the neighbor’s, or the state’s, or everyone’s? Here we discuss a range of possible sources, including agents’ abilities, costs involved in taking on the responsibility in question, retrospective responsibility for the situation, promises or contracts, and certain social relationships. (shrink)

Unlike Western philosophers, classical Buddhist thinkers largely remained silent about socio-political issues and did not develop explicit frameworks for theorizing them. The present article reconstructs a Buddhist account of shared action based on select passages from works by the Indian Buddhist philosopher Vasubandhu. It outlines the structure of individual action, according to Vasubandhu, and identifies three conditions that need to be satisfied for a joint activity to take place. This model, I suggest, is reductive in seeing joint action as an (...) aggregation of individual actions, and it differs from Western treatments of shared agency in several respects. Primarily, Vasubandhu’s paradigm rests on an extended structure of action, it is guided by an internalist standard of moral evaluation that emphasizes the consequences of shared actions for the acting members, and it is centrally concerned with how individuals can extricate themselves from social entanglements and gain control over their actions. (shrink)

In regard to the explanation of actions that are governed by institutional rules, John R. Searle introduces the notion of a mental “background” that is supposed to explain how persons can acquire the capacity of following such rules. I argue that Searle’s internalism about the mind and the resulting poverty of his conception of the background keep him from putting forward a convincing explanation of the normative features of institutional action. Drawing on competing conceptions of the background of Heidegger and (...) Wittgenstein, I propose to revise Searle’s conception. The background of institutional agency can only provide a convincing explanation if it includes the context of actions and intersubjective structures of a shared life-world. I suggest that a further development of this idea would lead to the identification of the background with a web of social recognition. (shrink)