Declarations like “this meeting is adjourned” make certain facts the case by representing them as being the case. Yet surprisingly little attention has been paid to the mechanism whereby the utterance of a declaration can bring about a new state of affairs. In this paper, we use the incentivization account of institutional facts to address this issue. We argue that declarations can serve to bring about new states of affairs as their utterance have game theoretical import, typically in virtue of (...) the utterer signaling a commitment to act in an incentive-changing way. (shrink)

In their extensive overview of various concepts of presumption Godden and Walton recognise “the heterogeneous picture of presumptions that exists in argumentation theory today”. I argue that this heterogeneity results from an epiphenomenal character of the notion of presumption. To this end, I first distinguish between three main classes of presumptions. Framework presumptions define the basic conditions of linguistic understanding and meaningful conversation. The “presumption of veracity” is their paradigm case. I argue that such presumptions are satisfactorily covered by the (...) Principle of Charity, or else Gricean maxims or satisfaction conditions for speech acts. Formal presumptions are general presumptive rules of argument, theorised as topoi or acceptable inference warrants, including institutional warrants. Material presumptions are acceptable outcomes of nested or outsourced arguments, which entitles arguers to use them as acceptable premises or opinions in further arguments without the typical burden of proof. If this is correct, then the study of presumption always collapses into the study of other, likely more fundamental, concepts. Does it render presumptions, by Occam’s Razor, altogether redundant in argumentation theory? I tentatively answer this question from a consistently conversational perspective on argumentation; I argue that the pragmatic grounds for presumptions are to be found in the conditions for speech act performance in the institutional social world, as developed by Searle. (shrink)

The present work deals with the quality issue in social ontology: the fact that social entities not only can exist or not exist, but can also be more or less achieved and be subject to degrees of existence, and the fact that social entities can be bearers of varieties of ways of existence, that is, there are several ways in which a social entity of a certain type can be realized. In accordance with phenomenological eidetics, I show that modifications of (...) essential connections involve lacks or variations of essential parts of entities, which, respectively, imply degrees of existence and varieties of ways of existence which “enhance” the existence of social entities, and I argue that the modification issue hits the core of the quality of existence issue. Lastly, I focus on the essential connection of tendency as another case in which eidetics provides meaningful insights into the existential quality issue in social ontology. (shrink)

In this paper, I argue that there is objectivity in the international human rights law, against which the justifiability of arguments can be determined and the universality vs. relativity of human rights debate could be taken a step further. I propose an optimising approach for treaty interpretation, point out that there is epistemic objectivity residing in this approach, and analyse China’s relativism arguments on Article 1 of the Convention against Torture to elaborate above points.

The paper offers a theoretical investigation regarding the sources of normativity in practical argument from the following perspective: Do we need objectively-minded, unbiased arguers or can we count on “good” argumentative processes in which individual biases cancel each other out? I will address this problem by analysing a detailed structure of practical argument and its varieties. I will argue that given the structure proposed, biased advocacy upholds reasonableness whenever the argumentative activity is adequately designed.

What counts as a good defence of the conduct of a political agent? I formulate an answer combining insights from argumentation scholarship on the different types of standpoints and the schemes suitable to defend them with insights from philosophical literature. The goal is to make a proposal that is best suitable for examining the type of evaluative claims that is typically discussed in accountability practices.

This paper proposes a new theorization of the concept of ‘framing’, in which argumentation has a central role. When decision-making is involved, to ‘frame’ an issue amounts to offering the audience a salient and thus potentially overriding premise in a deliberative process that can ground decision and action. The analysis focuses on the Roşia Montană case, a conflict over policy that led, in September 2013, to the most significant public protests in Romania since the 1989 Revolution.

This paper proposes a dialectical profile of critical questions attached to the deliberation scheme. It suggests how deliberation about means and about goals can be integrated into a single recursive procedure, and how the practical argument from goals can be integrated with the pragmatic argument from negative consequences. In a critical rationalist spirit, it argues that criticism of a proposal is criticism of its consequences, aimed at enhancing the rationality of decision-making in conditions of uncertainty and risk.

Dewey’s social ontology could be characterized as a habit ontology, an ontology of habit qua second nature that offers us an account of intentionality, social statuses, institutions, and norms in terms of habituations. Such an account offers us a promising alternative to contemporary intentionalist and deontic approaches to social ontology such as Searle’s. Furthermore, it could be the basis of a social ontology better suited to explain both the maintenance and the transformation of social reality. In the first part I (...) will characterize Dewey’s model as a social ontology based on the notion of habit, and present it as an alternative to intentionalist approaches to social reality. In the second part I will argue that habit ontology offers us an account of social norms that is based on a peculiar understanding of the notion of ‘status’, and represents an alternative to deontic accounts. In the third part I will claim that Dewey’s notion of “public” offers us a dynamic understanding of social institutions and a ‘reactive’ notion of collective intentionality as an achievement rather than as a presupposition of social practices. In the final section I will summarize some advantages of the Deweyan over the Searlean social ontology concerning our understanding of acceptance, maintenance and transformation of statuses, and of the role played by the ‘background’. (shrink)

Many philosophers regard collective behavior and attitudes as the ground of the whole of social reality. According to this popular view, society is composed basically of collective intentions and cooperative behaviors; this is so both for informal contexts involving small groups and for complex institutional structures. In this article, I challenge this view, and propose an alternative approach, which I term institutional externalism. I argue that institutions are characterized by the tendency to defer to elements that are external to the (...) content of collective intentions—such as laws, declarations, and contracts. According to institutional externalism, those elements are the grounds of institutional statutes, rights, and duties. (shrink)

According to Sosa, knowledge is apt belief, where a belief is apt when accurate because adroit. Sosa :465–475, 2010; Judgment and agency, Oxford University Press, Oxford, 2015) adds to his triple-A analysis of knowledge, a triple-S analysis of competence, where a complete competence combines its seat, shape and situation. Much of Sosa’s influential work assumes that epistemic agents are individuals who acquire knowledge when they hit the truth through exercising their own individual skills in appropriate shapes and situations. This paper (...) explores an extension of Sosa’s framework to a social setting in which groups constitute epistemic agents over and above their individual members. The claim is that groups can be ascribed knowledge in virtue of hitting the truth through exercising their competences in appropriate shapes and situations. While knowledge at the collective level may diverge from knowledge at the individual level, the competences of groups are nothing over and above the combined competences of their members. The ensuing view thus has implications for the debate over reduction and supervenience in collective epistemology. (shrink)

This paper examines the central place of the list and the associated concept of an identifier within the scaffolding of contemporary institutional order. These terms are deliberately chosen to make strange and help unpack the constitutive capacity of information systems and information technology within and between contemporary organisations. We draw upon the substantial body of work by John Searle to help understand the place of lists in the constitution of order. To enable us to ground our discussion of the potentiality (...) and problematic associated with lists we describe a significant and modern instance of list-making, situated around the issue of digital identity management. The theoretical framework discussed allows us to better explain breakdowns in the institutional order characteristic of this domain. (shrink)

Although the link between epistemic and ontological aspects of social reality has always been a problematic issue for the social sciences, this debate loses centrality from the second half of the twentieth century. This article critically reviews the epistemic reasons for that loss, mainly in relation with "hard" constructivism, arguing for the need to return to the ontological debate about sociological foundations. At the same time, it presents a theoretical proposal: social ontology constitutes itself epistemically; that is, the question about (...) "the social" inevitably involves the question about beliefs that constitute it. But social reality is not exhausted in beliefs, since it requires a material component to exist. From this proposal, this paper makes an explicit defense for a realist approach in sociology. To do this, critically reviews John Searle’s social ontology and makes concretes contributions to sociological theory, emphasizing the importance of action, power and causal reciprocity between individual and society, to have a social ontology that shows the specificity of the social. Aun cuando la vinculación entre los aspectos epistémicos y ontológicos de la realidad social ha sido siempre un asunto problemático para las ciencias sociales, este debate pierde centralidad desde mediados del siglo XX. Este artículo revisa críticamente las razones epistémicas de esa pérdida de centralidad, principalmente en relación con el constructivismo "duro", argumentando la necesidad de retomar el debate ontológico acerca de los fundamentos de la disciplina sociológica, al mismo tiempo que plantea una propuesta teórica de elucidación: la ontología de lo social se constituye epistémicamente; vale decir, la pregunta acerca de qué es lo social implica inevitablemente la pregunta por las creencias que lo constituyen. No obstante, la realidad social no se agota en las creencias, puesto que requiere de un componente material para existir. Desde esa propuesta, en una segunda parte, el artículo defiende la necesidad de adoptar una postura realista en sociología. Para ello, revisa críticamente la propuesta de ontología social de Searle y realiza aportes concretos desde la teoría sociológica, concluyendo la importancia de la acción, del poder y de la reciprocidad causal entre individuo y sociedad, para contar con una ontología que dé cuenta de la especificidad propia de lo social. (shrink)

The fact that humans cooperate with nonkin is something we take for granted, but this is an anomaly in the animal kingdom. Our species’ ability to behave prosocially may be based on human-unique psychological mechanisms. We argue here that these mechanisms include the ability to care about the welfare of others (other-regarding concerns), to “feel into” others (empathy), and to understand, adhere to, and enforce social norms (normativity). We consider how these motivational, emotional, and normative substrates of prosociality develop in (...) childhood and emerged in our evolutionary history. Moreover, we suggest that these three mechanisms all serve the critical function of aligning individuals with others: Empathy and other-regarding concerns align individuals with one another, and norms align individuals with their group. Such alignment allows us to engage in the kind of large-scale cooperation seen uniquely in humans. (shrink)

This article addresses the semiotic problem of how meaning is agentially grounded: how actual meaning is possible and is justifiably supported by agents’ capabilities and purposes. This article is particularly focused on human agential grounding; however, to a great degree, insights presented here can be extended to other living beings. Specifically, agential meaning is examined here inside the framework of agentive semiotics and embodied, situated and enactive cognition theories, in line with the mind-life continuity general thesis. To offer clarity and (...) methodological precision about agential grounding, three explanation categories are proposed: phylogenetic recurrence, the evolutionary basis for corporal/embodied grounding; ontogenetic recurrence, the developmental basis for individual meaning grounding; and collective recurrence, the basis for meaning recognized, attributed and assigned inside social contexts. These recurrences are conceived as three types of general processes that constantly enclose possibilities for purpose and meaning emergence in humans. As a result of these types of recurrences, two categories of human agendas or purposes are also proposed: individual and collective. Finally, remarks about how these categories can be useful for semiotic analysis and further research are suggested. (shrink)

John Searle’s account of collective intentions in action appears to have all the theoretical pros of the non-reductivist view on collective intentionality without the metaphysical cons of committing to the existence of group minds. According to Searle, when we collectively intend to do something together, we intend to cooperate in order to reach a collective goal. Intentions in the first-person plural form therefore have a particular psychological form or mode, for the we-intender conceives of his or her intended actions as (...) singular contributions by means of which – or: by way of which – a collective goal is pursued. Accordingly, we-intentions are held to have a psychological mode with a “collective goal by means of singular contribution” structure, which makes them primitive and irreducible to intentions in the I-form. It is further contended that, albeit primitive and irreducible, we-intentions are not the mental states of an alleged group mind but always of an individual’s mind. This paper targets Searle’s claim of irreducibility by developing an argument whose aim is to show that, pace Searle, it is possible to track the idea of intentions with a psychological mode structured in terms of “collective goal by means of singular contribution” back to the concept of intentions in the I-form. The argument mainly relies on the idea that Searle’s technical expressions “being a collective goal by means of singular contribution intention in action” or “being a collective goal by way of singular contribution intention in action” are susceptible to conceptual analysis. The upshot of this analysis is that we-intentions can be reduced to complex bundles of mental states, all of which come in the first-person singular form. If this argument is sound, Searlean we-intentions do not belong to a primitive kind of mental states. (shrink)

John R. Searle argues that consciousness is a biological problem, and that the subjective feature of consciousness doesn’t exclude the scientific study thereof. In this paper I attempt to show that Searle’s identification of the subjectivity of conscious experience as being merely ontologically subjective, but not epistemically subjective is problematic, as it confuses epistemic subjectivity with axiological subjectivity. Since Searle regards the distinction between epistemic subjectivity and ontological subjectivity as an important basis for scientific studies of consciousness, the unsoundness of (...) his argument weakens his advocacy of Biological Naturalism. (shrink)

El artículo analiza el rol que cumple la confianza en la construcción de la realidad social, argumentando que constituye uno de sus componentes esenciales. Lo es porque hace posible el nacimiento, permanencia y reconocimiento colectivo de las instituciones, así como su iteración y organización en subsistemas.

Bridging two traditions of social ontology, this paper examines the possibility that the concept of collective intentionality can help to explain the mechanisms underpinning the causal powers of some social entities. In particular, I argue that a minimal form of collective intentionality is part of the mechanism underpinning the causal power of norm circles: the social entities causally responsible for social norms. There are, however, many different forms of social entity with causal power, and the relationship of collective intentionality to (...) these causal powers varies, depending on the form of the mechanism underpinning the power concerned. Some powers depend on collective intentionality, and others do not. (shrink)

Alfred Schutz’s theory of the social world, often neglected in philosophy, has the potential to capture the interplay of identity and difference which shapes our action, interaction, and experience in everyday life. Compared to still dominant identity-based models such as that of Jürgen Habermas, who assumes a coordination of meaning built on the idealisation of stable rules, Schutz’s theory is an important step forward. However, his central notion of a “type” runs into a difficulty which requires constructive criticism. Against the (...) background of Schutz’s theory of meaning inspired by Bergson and Husserl, his idea of types “taken for granted until further notice” is shown to express a primacy of identity which, in the final analysis, leads into the implausible scenario of ‘ubiquitous tunnel vision’. This makes it necessary to go beyond Schutz and assume an inherently motivated tendency towards difference in meaning termed ‘spontaneity’. Where spontaneity and the opposed tendency towards identity of meaning work together in the application of types, they enable embodied subjects to interact with the world and with each other in the routine yet flexible and sometimes innovative ways which we all know. (shrink)

Authority figures permeate our daily lives, particularly, our political lives. What makes authority legitimate? The current debates about the legitimacy of authority are characterised by two opposing strategies. The first establish the legitimacy of authority on the basis of the content of the authority’s command. That is, if the content of the commands meet some independent normative standard then they are legitimate. However, there have been many recent criticisms of this strategy which focus on a particular shortcoming – namely, its (...) seeming inability to account for who can legitimately command whom. This is the basis of the second strategy, which attempts to characterize the normative relationship that underlies and makes possible authoritative commands. The central point of Part I is that these two strategies are, in fact, not opposed and both raise questions which a theory of legitimacy must answer. If this is the case, then we need to ask: how ought we to determine the legitimacy both of the content of commands as well as who can command whom? Part II will answer this question. Starting with the question of standing, I argue that we ought not to look for normative principles outside of the institutions in which authority is embedded. Rather, one ought to start by elaborating the ontology of institutions in which a sui generis form of normativity arises. A joint commitment account of social ontology provides the tools necessary to see how the direction obligations emerge concurrently with the formation of institutions. Similarly, the question of content can be answered by paying close attention to the social ontology of institutions. We need not look beyond the internal constitutive standards of the institution itself. The constitutive standards provide an internal criterion by which the legitimacy of commands can be established. (shrink)

The prevailing justification for constitutional institutions is that such institutions reflect and enable rational solutions to social problems. However, constitutions are constructed through emotionally driven processes that reflect both the public sentiments of the day and, at least to some extent, basic moral emotions. Historical examples from France and the United States demonstrate the role of such emotional processes in shaping the design of liberal constitutionalism. Further, constitutional law both sets and regulates emotional display rules; favors or disfavors certain emotional (...) commitments; and, particularly through the formulation of fundamental human rights, reflects and shapes emotional moral judgments. The emotional contributors to constitutional design and interpretation may be called “constitutional sentiments.”. (shrink)

I summarize and evaluate the aims of the collection From Individual to Collective Intentionality: New Essays edited by Sara Rachel Chant, Frank Hindriks and Gerhard Preyer in the context of the on-going debate about collective intentionality and group agency. I then consider the individual essays contained therein, both from the perspective of how they advance the collection’s goals and the coherence of their individual arguments.

If reduction of the social to the physical fail, what options remain for understanding their relationship? Two such options are supervenience and constructivism. Both are vitiated by a similar fault. So the choices are limited: reduction after all, or emergence.

BackgroundPublic involvement activities are promoted as measures for ensuring good governance in challenging fields, such as biomedical research and innovation. Proponents of public involvement activities include individual researchers as well as non-governmental and governmental organizations. However, the concept of ‘public’ in public involvement deserves more attention by researchers because it is not purely theoretical: it has important practical functions in the guidance, evaluation and translation of public involvement activities.DiscussionThis article focuses on collective agency as one property a public as a (...) small group of participants in a public involvement activity could exhibit. It introduces a prominent theoretical approach to collective agents as one specific kind of social entities and demonstrates how this approach can be applied to current practice in public involvement activities. A brief discussion of different types of representation as they are used in the existing literature on this topic is also included because representation and collective agency can be closely related to each other. Suggestions and ideas that are derived from this reasoning include the proposal to use a ‘validity check’ for the generation of collective agents as a regular element of certain types of public involvement activities, the consequences of combining collective agency and representativeness as a further property a public could exhibit, and standards for reporting the content of public involvement activities in scientific publications.SummaryThis article discusses the importance of the concept of ‘public’ in public involvement activities, with a focus on biomedical research and innovation. It introduces various practically relevant ideas that are based on a theoretical analysis of collective agency as an important property a public can possess. (shrink)

New scientific approaches to religion have delivered a considerable number of theories aimed at explaining it, despite its cognitive and adaptive oddities. These efforts were built on available theoretical frameworks, including those from cognitive science, biology, and anthropology. Many voices have raised criticism against several aspects in the cognitive and evolutionist program, even if recognizing their legitimacy and the fruits collected to date. A pressing issue is whether the problem with the new scientific study of religion is related, to some (...) extent, to the use of outdated views on human evolution, mind, and behavior. If this is the case, then a deep revision concerning current models is required. The new direction proposed should account for more complex aspects of human nature following multilevel models, and a specific human feature—language—that could better explain religion as a meaning system. Understanding religion as a language might open an alternative path inside cognitive studies that is closer to how it is lived by believers. (shrink)

The sociology of violence still struggles with two critical questions: What motivates people to act violently on behalf of groups and how do they come to identify with the groups for which they act? Methodologically the article addresses these puzzling problems in favor of a relational sociology that argues against both micro- and macro-reductionist accounts, while theoretically it proposes a twofold reorientation: first, it makes a plea for the so called cognitive turn in social theory; second, it proposes following praxeological (...) accounts of social action that focus on the dynamic interpenetration of cognition and socio-cultural practices. The argument is that symbolic boundaries constitute the “missing link” that allows for overcoming the micro-macro gap in violence research: Symbolic boundaries can cause people's participation in collective violence by providing the essential relational resources for violent action and by triggering the cognitive/affective mechanisms necessary for social actors to become drawn into mobilization processes that can cause their engaging in coordinated attacks on sites across the boundary. The article offers a new theoretical argument by drawing on knowledge from violence research, social action theory and cognitive science allowing for a non-reductionist theory of action that explains how and why people engage in collective violence. (shrink)

A key assumption in the person-oriented approach is that a person must be understood as a complex, integrated system, represented by patterns of within-person variation rather than scores on separate variables. The term ‘system’ does, however, have multiple meanings, which are not clearly distinguished in the person-oriented literature. I try to disentangle causal interactionism, which describes the psychological consequences and functions of each component of the system as dependent upon its causal interaction with other system components, from content holism, which (...) describes the system components as in part constituted by their relations to each other and the system as a whole. Although the terms ‘interactionism’ and ‘holism’ are often treated as combinable and interchangeable, causal interactionism and content holism pertain to distinct kinds of research problems. Causal interactionism construes the person in terms of the hierarchically structured mechanistic systems that underpin his or her attributes and shape them over time, and can be exemplified in terms of Magnusson’s developmental approach, whereas content holism is integral to our understanding of the person as an intentional system, whose mental states and actions are interweaved through principles or logic and rationality rather than material causality, and can be exemplified in terms of Stephenson’s Q-methodological approach. (shrink)

This paper is about one of Arthur Prior’s earliest publications in philosophy, “The Nation and the Individual”. Its aims are to show that Prior made a remarkable contribution to social ontology in the 1930s which should be read with some attention to its historical background, which closely follows John Wisdom as to its theoretical elements, in particular the notion of a “logical construction”, but which is more clearly eliminativist with regard to nations and which is original in terms of rather (...) bold ethical consequences; to interpret Prior’s/Wisdom’s proposal as a promise of reduction by translation and to connect Prior’s/Wisdom’s ideas with John Searle’s recent work on social ontology. (shrink)

The way we use terminology matters. There are words, ordinary and philosophical, that we should do without because they are ill-defined, ambiguous or confused. If we use them we will at best be saying little. At worst, they will make us ask the wrong questions and leave the right ones unasked. In this paper, I argue that ‘deontology’ is such a word. It is defined negatively as non-teleological or non-consequentialist, and therefore does not designate a distinct class of moral theories, (...) let alone a single one. Moreover, the question whether Kantian ethics is ‘deontological’ is likely to obscure what is distinctive and interesting about it. The word ‘deontology’ should be banished from the classroom. It may be best to abandon it altogether. (shrink)

The realities of human agency and decision making pose serious challenges for research ethics. This article explores six major challenges that require more attention in the ethics education of students and scientists and in the research on ethical conduct in science. The first of them is the routinization of action, which makes the detection of ethical issues difficult. The social governance of action creates ethical problems related to power. The heuristic nature of human decision making implies the risk of ethical (...) bias. The moral disengagement mechanisms represent a human tendency to evade personal responsibility. The greatest challenge of all might be the situational variation in people’s ethical behaviour. Even minor situational factors have a surprisingly strong influence on our actions. Furthermore, finally, the nature of ethics itself also causes problems: instead of clear answers, we receive a multitude of theories and intuitions that may sometimes be contradictory. All these features of action and ethics represent significant risks for ethical conduct in science. I claim that they have to be managed within the everyday practices of science and addressed explicitly in research ethics education. I analyse them and suggest some ways in which their risks can be alleviated. (shrink)

Hindriks argued that Searle’s theory of institutions suffers from a number of problems pertaining to the notions of constitutive rule, status function, Status Function Declaration, deontic power, and human right. Lobo argues that these criticisms are not sufficiently charitable. In response, it is argued here that the problems that were identified earlier are sufficiently severe to call for substantial revisions of the theory.

In this paper the theoretical power of the concept of robustness is discussed in order to characterize the argumentative competence of a speaker. This notion is countered with the extended use of the idea complexity. As a general background some empirical results are used to support the theoretical discussion. The paper mainly relies on the theory of cultural cognition to situate the category of robustness and offers particular criteria to specify the possible operationalization of the notion. These criteria could later (...) be applied, and even tested, in the analysis of other social behaviours that involve collective intentionality, cooperation and recursivity. En este trabajo se discute el alcance teórico del concepto robustez para caracterizar la competencia argumentativa de un hablante. Se contrapone la categoría al uso extendido de la idea de complejidad. Como referencia se utilizan algunos resultados empíricos para apoyar la discusión. El trabajo se apoya principalmente en el anclaje conceptual proveniente de la cognición cultural para situar la categoría robustez y ofrece criterios particulares que especifican la posible operacionalización de la noción, criterios que podrán luego ser aplicados, e incluso testeados, en el análisis de otros comportamientos sociales que involucran intencionalidad colectiva, cooperación y recursividad. (shrink)

The opposition between nature and culture has always been paradigmatic in the philosophy of society, and in this sense it is certainly striking that, in contemporary theories of collective acceptance in social ontology—theories which actually entail the presence of individual mental content in the form of beliefs—the shaping role of culture has not found significant recognition. However, it cannot but be trivially true that cultural presuppositions play a role in the maintenance and development of beliefs on rules and other kinds (...) of abstract artifacts. But once we recognize that the reality of social institutions is at least culturally-dependent, the question emerges whether there is still room for nature as a possible determinant of social reality. Many authors maintain that there is and argue that there are objective natural features shared by human beings which are necessary conditions to explain the emergence of institutional structures within society. This is a culture-independent relation between nature and social institutions. In this paper, however, I will try to argue that there is another, very peculiar, way in which nature can work as a possible determinant of social reality, a way which is instead culture-dependent. In particular, I will give three examples of this kind of culture-dependent relations—examples about states, corporations, and contracts—and I will introduce a new concept to account for it, that of “institutional mimesis.” I will then provide an explanation of how institutional mimesis can have an impact on the content of collective acceptance by appealing to two influential theories in contemporary cognitive psychology. Finally, I will explain the ontological significance of institutional mimesis using Ian Hacking’s concept of historical ontology. (shrink)

En este trabajo analizo la concepción de Eugenio Bulygin respecto de aquellos enunciados jurídicos que afirman que una cierta acción es jurídicamente obligatoria, prohibida o permitida. Conforme a Bulygin, estos enunciados son ambiguos. Ellos pueden ser enunciados empíricos externos que afirman la existencia o validez de una norma, o pueden ser enunciados normativos internos que expresan una norma, o una actitud moral absoluta. En el trabajo sostengo que, para una concepción positivista, si el derecho es concebido como un conjunto de (...) normas, los enunciados bajo análisis no enuncian un hecho empírico, pero tampoco expresan una actitud moral absoluta. Ellos ciertamente enuncian un hecho normativo: la validez o existencia jurídica de una entidad normativa, que es relativa a un determinado tiempo y lugar. En mi opinión, la dificultad de Bulygin para admitir este tipo de enunciados se debe fundamentalmente a la presuposición de una falsa dicotomía entre dos modos en los que una entidad puede existir: uno empírico y otro normativo. Con el fin de criticar esta aparente dicotomía presento brevemente una concepción constructivista de la existencia de normas. Si mi razonamiento es correcto, esta concepción es adecuada para explicar, desde una perspectiva teórica positivista, aquellos enunciados que expresan el hecho normativo de la existencia o validez jurídica de una norma. In this paper I analyze Bulygin's conception of those legal statements asserting that a certain action is legally obligatory, prohibited or permitted. According to Bulygin, these statements are ambiguous. They can be external, empirical statements expressing the existence or validity of a legal norm, but they can also be internal, normative statements expressing a norm or an absolute, moral attitude. In the paper I attempt to defend that for a positivist theory, if law is conceived as a set of norms, this kind of statements do not report an empirical fact, but do not express an absolute moral attitude either. They surely assert a normative fact: the legal existence or validity of a normative entity, which is relative to a certain time and place. In my view, Bulygin's failure to see this point is fundamentally due to the assumption of a false dichotomy between two ways in which an entity can exist: one empirical, the other normative. In order to criticize this apparent dichotomy, I briefly sketch a constructivist conception in which we can say that legal norms exist. If my reasoning is correct, this conception is apt to explain those statements expressing the normative fact that a norm exists or is legally valid. (shrink)

This article is a response to Frank Hindriks’ “Restructuring Searle’s Making the Social World.”.

Medical bribery seems to be a global problem from Eastern Europe and the Balkans to China, a diffuse phenomenon, starting with morally acceptable gratitude and ending with institutional bribery. I focus my attention on Romania and analyze similar cases in Eastern European and postcommunist countries. Medical bribery can be regarded as a particular form of human transaction, a kind of primitive contract that occurs when people do not trust institutions or other forms of social contract that are meant to guarantee (...) their rights and protect their interests. Concluding with strategies to fight medical bribery, I will underline better public policies for financing health and social care, and an ethic of trust that may help to restore trustworthiness of institutions and to rebuild interpersonal trust. This should be complemented by an educational program dedicated to understanding the negative consequences and mechanisms of corruption and the importance of ethical behavior. (shrink)

How do human children come up to carve up and think of the world around them in its most general and abstract structure? And to which degree are these general forms of viewing the world shared by other animals, notably by non-human primates? In response to these questions of what could be called comparative metaphysics, this paper discusses new evidence from developmental and comparative research to argue for the following picture: human children and non-human primates share a basic framework of (...) natural ontology: they think about their natural surroundings in essentialist ways in terms of natural kind objects constituted by their essential properties, and in generic terms as governed by general descriptive regularities. In contrast, there is a great divide when it comes to how human children and non-human primates carve up their social environment: only human children then go on to use their essentialist and generic thinking for developing a distinctively social ontology, to conceive of their surrounding in terms of socially constituted objects governed by general prescriptive norms. (shrink)

Standard economic theory usually analyzes the decisions made by individuals as a rational process in which each individual has sound and consistent preferences and makes decisions according to the principle of subjective expected utility maximization. Starting from the pioneering work of Herbert Simon and the research of cognitive psychologists Kahneman and Tversky, the contributions provided by cognitive-behavioral theory have repeatedly shown that real agents make choices in a way that differs systematically from standard theory, hence highlighting its limits. Rather than (...) considering standard normative theory as false or unable to explain the data obtained by behavioral economists, several economists decided to develop new formal models that could include the results of different experiments and empirical observations that captured all dimensions of the choice made by an individual. In this sense, they proposed new models that were not intended to challenge standard theory but rather designed to provide a kind of psychological expansion to it. This article has the aim of describing and analyzing the advantages and limitations of these new models, which unfortunately are not always suited to describe the individual behavior, the individuals’ actions, or the equilibria due to the combination of the actions of several players. To overcome the limits of these models, we decided to take into consideration the unfortunately unfinished work of Michael Bacharach, who strived to understand the individual and collective forms of rationality without applying only analytical devices or a theoretical vision of the world but bringing rationality back to the perception level of the agents. (shrink)

This thesis presents a social ontology. It takes its problem, the emergence of social structure and order, and the relationship of the macro and the micro within this structure, from social theory, but attempts a resolution from the perspectives of contemporary French philosophy and complexity theory. Due to its acceptance of certain presuppositions concerning the multiplicity and connectedness of all life and nature it adopts a comparative methodology that attempts a translation of complexity science to the social world. It draws (...) both this methodology and its inspiration from the work of Michel Serres. After explaining this methodology, it presents a critique of the work of those prominent philosophers of multiplicity who have written on the social: Alain Badiou, Gilles Deleuze and Felix Guattari, and Manual DeLanda. Having argued for the need of a ‘non-unit’ of social organisation, it then unsuccessfully surveys the work of Michel Foucault and Gabriel Tarde in search of such a ‘non-unit’. It produces one by extracting elements from different theorists and then proceeds to offer a novel explanation of how these expectations first emerge from the ‘social noise’ and then go through a complex process of self-organisation to produce social structure. Apart from complexity theory, this explanation draws on the temporal ontologies of both Serres and Deleuze. In doing so, it argues that the social replication necessary for this self-organisation cannot be achieved through direct imitation. Instead, it draws on an idea from Stuart Kauffman and argues that this is achieved through autocatalysis. Finally, it argues that social structures and what is perceived to be social order are the effect of the codification, to varying degrees, of these emergent expectations. It concludes that this structure is at its most creative when on ‘the edge of chaos’, when at a point of social chaosmos. (shrink)