According to the received view, Marxian (ideology) critique and Foucaultian (genealogical) critique constitute two divergent approaches of critical theory that have remarkably different goals and little in common. In this article, however, we identify a guiding thread that connects the Marxian and Foucaultian traditions and motivates a distinctive approach within critical theory we call the ‘critique of constitution’. The problem of restricted consciousness, we show, is the core problem in common between Michel Foucault's critical history of thought and Georg Lukács's (...) theory of reification which underlies the tradition of Western Marxism and Frankfurt School critical theory. The problem concerns the limits of intelligibility and, by the same token, the apparent inevitability of the given social ontology. Our sense of what is possible depends on what we are able to think. But we know from the history of sciences that the limits of intelligibility change, thereby also altering our sense of what is possible. This becomes a political problem in connection with the intelligibility of social reality, because our restricted consciousness limits the alternatives we can so much as consider and seek to bring about. The critique of constitution, then, aims to expand the scope of possibility by revealing the contingent formation of the given limits of intelligibility. We argue that this is the paramount political task for Foucault and Lukács alike, other important differences notwithstanding. (shrink)

In the literature seeking to explain concepts in terms of their point, talk of ‘the point’ of concepts remains under-theorised. I propose a typology of points which distinguishes practical, evaluative, animating, and inferential points. This allows us to resolve tensions such as that between the ambition of explanations in terms of the points of concepts to be informative and the claim that mastering concepts requires grasping their point; and it allows us to exploit connections between types of points to understand (...) why they come apart, and whether they do so for problematic ideological reasons or for benignly functional reasons. (shrink)

Dworkin’s famous argument from legal disagreements poses a problem for legal positivism by undermining the idea that the law can be (just) the result of the practice and attitudes of norm-applying officials. In recent work, the chapter author argued that a hybrid contextualist theory paired with a dispositional theory of value—a hybrid dispositionalism, for short—offers the resources to respond to similar disagreement- based arguments in other evaluative and normative domains. This chapter claims that the theory the author advocates can extend (...) to legal statements and disputes, and shares some important features with Toh’s (2011) idea that legal statements express shared acceptance of norms. The chapter proposes that a contextualist semantics for legal statements paired with the pragmatic communication of implicatures that express shared acceptances of norms, achieves the same goal that Toh aims at. (shrink)

Assisted reproduction using donor gametes is a procedure that allows those who are unable to produce their own gametes to achieve gestational parenthood. Where conception is achieved using donor sperm, the child lacks a genetic link to the intended father. Where it is achieved using a donor egg, the child lacks a genetic link to the intended mother. To address this lack of genetic kinship, some fertility clinics engage in the practice of matching the ethnicity of the gamete donor to (...) that of the recipient parent. The intended result is for the child to have the phenotypic characteristics of the recipient parents. This paper examines the philosophical and ethical problems raised by the policy of ethnic matching in gamete donation. I consider arguments for the provision of ethnic matching based on maximising physical resemblance and fostering ethnic identity development. I then consider an argument against ethnic matching based on the charge of racialism. I conclude that while the practice of ethnic matching in gamete donation could promote positive ethnic identity development in donor-conceived children from historically subjugated ethnic minorities, it also risks endorsing the problematic societal attitudes and assumptions regarding ethnicity that enabled such subjugation in the first place. (shrink)