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)

Famously Ryle imagined a visitor who has seen the colleges, departments, and libraries of a university but still wonders where the university is. The visitor fails to realize that the university consists of these organizational units. In this paper I ask what exactly the relation is between institutional entities such as universities and the entities they are composed of. I argue that the relation is constitution, and that it can be illuminated in terms of constitutive rules. The understanding of the (...) ontology of institutions that constitutive rules provide, however, is incomplete. In order to capture the practical significance of institutions, I introduce the notion of a status rule. Status rules concern the normative powers of institutions. The status account of institutions defended here is used to solve the problem of freestanding status terms: it turns out to be rather difficult to identify the entities of which statuses such as corporations and electronic money are composed. Unable to solve this problem, Searle concludes that they are created out of thin air. I criticize this claim and argue that these statuses are imposed on persons. (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)

Through an argumentation analysis can one show how it is feasible to view a narrative religious text such as the Gospel of Matthew as a literary argument. The Gospel is not just good news but an elaborate argument for the standpoint that Jesus is the Son of God, the Messiah. It is shown why an argumentation analysis needs to be supplemented with a pragmatic literary analysis in order to describe how the evangelist presents his story so as to reach his (...) argumentative objective. The analysis also shows why in the case of historical religious literary texts, certain demands are put on the analyst that are not normally present. (shrink)

From Leibniz to Krauss philosophers and scientists have raised the question as to why there is something rather than nothing. Why-questions request a type of explanation and this is often thought to include a deductive component. With classical logic in the background only trivial answers are forthcoming. With free logics in the background, be they of the negative, positive or neutral variety, only question-begging answers are to be expected. The same conclusion is reached for the modal version of the Question, (...) namely ‘Why is there something contingent rather than nothing contingent?’. The categorial version of the Question, namely ‘Why is there something concrete rather than nothing concrete?’, is also discussed. The conclusion is reached that deductive explanations are question-begging, whether one works with classical logic or positive or negative free logic. I also look skeptically at the prospects of giving causal-counterfactual or probabilistic answers to the Question, although the discussion of the options is less comprehensive and the conclusions are more tentative. The meta-question, viz. ‘Should we not stop asking the Question’, is accordingly tentatively answered affirmatively. (shrink)

. In his work on language John Searle favors an Austinian approach that emphasizes the speech act as the basic unit of meaning and communication, and which sees speaking a language as engaging in a rule-governed form of behavior. He couples this with a strident opposition to cognitivist approaches that posit unconscious rule following as the causal basis of linguistic competence. In place of unconscious rule following Searle posits what he calls the Background, comprised of nonintentional (nonrepresentational) mental phenomena. I (...) argue that these two aspects of his philosophy of language cannot be reconciled. In order to preserve his view of language as a rule-governed activity, he must embrace the cognitivist idea of unconscious rule following. Finally, I try to show how such an accommodation would be far less traumatic to Searle’s philosophical system than it might otherwise seem. (shrink)

The study of pragmatic competence has gained increasing importance within second language assessment over the last three decades. However, its study in L2 language testing is still scarce. The aim of this paper is to research the extent to which pragmatic competence as defined by the Common European Framework of Reference for Languages (CEFR) has been accommodated in the task descriptions and rating scales of two of the most popular Oral Proficiency Interviews (OPIs) at a C1 level: Cambridge’s Certificate in (...) Advanced English (CAE) and Trinity’s Integrated Skills in English (ISE) III. To carry out this research, OPI tests are first defined, highlighting their differences from L2 pragmatic tests. After pragmatic competence in the CEFR is examined, focusing on the updates in the new descriptors, CAE and ISE III formats, structure and task characteristics are compared, showing that, while the formats and some characteristics are found to differ, the structures and task types are comparable. Finally, we systematically analyse CEFR pragmatic competence in the task skills and rating scale descriptors of both OPIs. The findings show that the task descriptions incorporate mostly aspects of discourse and design competence. Additionally, we find that each OPI is seen to prioritise different aspects of pragmatic competence within their rating scale, with CAE focusing mostly on discourse competence and fluency, and ISE III on functional competence. Our study shows that the tests fail to fully accommodate all aspects of pragmatic competence in the task skills and rating scales, although the aspects they do incorporate follow the CEFR descriptors on pragmatic competence. It also reveals a mismatch between the task competences being tested and the rating scale. To conclude, some research lines are proposed. (shrink)

The 'substitution argument' purports to demonstrate the falsity of Russellian accounts of belief-ascription by observing that, e.g., these two sentences: (LC) Lois believes that Clark can fly. (LS) Lois believes that Superman can fly. could have different truth-values. But what is the basis for that claim? It seems widely to be supposed, especially by Russellians, that it is simply an 'intuition', one that could then be 'explained away'. And this supposition plays an especially important role in Jennifer Saul's defense of (...) Russellianism, based upon the existence of an allegedly similar contrast between these two sentences: (PC) Superman is more popular than Clark. (PS) Superman is more popular than Superman. The latter contrast looks pragmatic. But then, Saul asks, why shouldn't we then say the same about the former? The answer to this question is that the two cases simply are not similar. In the case of (PC) and (PS), we have only the facts that these strike us differently, and that people will sometimes say things like (PC), whereas they will never say things like (PS). By contrast, there is an argument to be given that (LS) can be true even if (LC) is false, and this argument does not appeal to anyone's 'intuitions'. The main goal of the paper is to present such a version of the substitution argument, building upon the treatment of the Fregan argument against Russellian accounts of belief itself in "Solving Frege's Puzzle". A subsidiary goal is to contribute to the growing literature arguing that 'intuitions' simply do not play the sort of role in philosophical inquiry that so-called 'experimental philosophers' have supposed they do. (shrink)

Moran rightly links performance of speech acts to instituting second‐personal normative relations. He also maintains that an audience's recognition of the speaker's intention in speaking is sufficient for the speaker's success in doing the speech act intended. The claim is true on some ways of understanding speech act verbs, but false on others. This complexity of speech act verbs can be explained by seeing how speech acts need to be understood in the context of shared life and cooperative action.

This paper provides a conceptual exploration of the implication of Jeffrey’s rule of belief revision to account for rule-following behavior in a game-theoretic framework. Jeffrey’s rule reflects the fact that in many cases learning something new does not imply that one has full assurance about the true content of the information. In other words, the same information may be both perceived and interpreted in several different ways. I develop an account of rule-following behavior according to which, in the context of (...) strategic interactions, following a rule is defined by two conditions. First, that agents must frame the interaction in a sufficiently similar way and be aware of the same salient properties, i.e. they must have the same partition of the event. Second, they must ascribe to others the same revised probabilities to what they take to be the common partition. In a game-theoretic framework, this also indicates that rule-following behavior cannot be identified merely to the existence of a common prior. (shrink)

There are norms for asking questions. Inquirers should not ask questions to which they know the answer. The literature on the norms of asking has focused on such speaker-centered norms. But, as I argue, there are addressee-centered norms as well: inquirers should not ask addressees who fall short of a certain epistemic status. That epistemic status, I argue here, is knowledge.

Since current water governance patterns mandate cooperation and partnership within and between the actors in the hydrosystems, supplementary models are necessary to distinguish the roles and the rules of indoor actions which is why we extend a theory in the frameworks of philosophy of technology. This analysis is empirically grounded on the problematic hydrosystems of a river in central Iran, Zayandehrud. Following a modernist-holistic-based analysis, it illustrates how values in the water apportionment mechanisms are being reshaped. The article by using (...) the theory of normative practice has scrutinised the tasks and the rules of the old and new water-management systems, Mirab. Subsequently according to such philosophical theory, it has argued that the conflicts over the cases are due to interference of structural and directional norms within them. (shrink)

In spite of contemporary theoretical disagreement on the nature of language, there is a widespread informal agreement about what linguistic facts are. This article argues that a functional approach to language can provide the foundation for an explicit account of what the informal consensus implies. The account bridges the ‘internalist’ and the ‘externalist’ views of language by understanding mental constructs such as those involved in human languages as aspects of a dynamic social equilibrium. As in evolutionary biology, processes of selection (...) can work to stabilize certain features while others vary; and this process (in which ‘function’ plays a key role) is a necessary supplement to a purely mentalist account. This position is seen as a development of the position of Searle on social facts and Keller on language change. (shrink)

In order to investigate whether addressees can make immediate use of speaker‐based constraints during reference resolution, participant addressees' eye movements were monitored as they helped a confederate cook follow a recipe. Objects were located in the helper's area, which the cook could not reach, and the cook's area, which both could reach. Critical referring expressions matched one object (helper's area) or two objects (helper's and cook's areas), and were produced when the cook's hands were empty or full, which defined the (...) cook's reaching ability constraints. Helper's first and total fixations showed that they restricted their domain of interpretation to their own objects when the cook's hands were empty, and widened it to include the cook's objects only when the cook's hands were full. These results demonstrate that addressees can quickly take into account task‐relevant constraints to restrict their referential domain to referents that are plausible given the speaker's goals and constraints. (shrink)

This paper excavates a debate concerning the claims of ordinary language philosophers that took place during the middle of the last century. The debate centers on the status of statements about ‘what we say’. On one side of the debate, critics of ordinary language philosophy argued that statements about ‘what we say’ should be evaluated as empirical observations about how people do in fact speak, on a par with claims made in the language sciences. By that standard, ordinary language philosophers (...) were not entitled to the claims that they made about what we would say about various topics. On the other side of the debate, defenders of the methods of ordinary language philosophy sought to explain how philosophers can be entitled to statements about what we would say without engaging in extensive observations of how people do in fact use language. In this paper, I defend the idea that entitlement to claims about what we say can be had in a way that doesn’t require empirical observation, and I argue that ordinary language philosophers are engaged in a different project than linguists or empirically minded philosophers of language, which is subject to different conditions of success. (shrink)

Can institutional objects be identified with physical objects that have been ascribed status functions, as advocated by John Searle in The Construction of Social Reality (1995)? The paper argues that the prospects of this identification hinge on how objects persist – i.e., whether they endure, perdure or exdure through time. This important connection between reductive identification and mode of persistence has been largely ignored in the literature on social ontology thus far.

There is a widespread assumption that ordinary language philosophy was killed off sometime in the 1960s or 70s by a combination of Gricean pragmatics and the rapid development of systematic semantic theory. Contrary to that widespread assumption, however, contemporary versions of ordinary language philosophy are alive and flourishing, but going by various aliases—in particular (some versions of) "contextualism" and (some versions of) "experimental philosophy". And a growing group of contemporary philosophers are explicitly embracing the methods as well as the title (...) of ordinary language philosophy and arguing that it has been unfairly maligned and was never decisively refuted. In this overview, I will outline the main projects and arguments employed by contemporary ordinary language philosophers, and make the case that updated versions of the arguments made by ordinary language philosophers in the middle of the twentieth century are attracting renewed attention. (shrink)

Much work on legal knowledge systems treats legal reasoning as arguments that lead from a description of the law and the facts of a case, to the legal conclusion for the case. The reasoning steps of the inference engine parallel the logical steps by means of which the legal conclusion is derived from the factual and legal premises. In short, the relation between the input and the output of a legal inference engine is a logical one. The truth of the (...) conclusion only depends on the premises, and is independent of the argument that leads to the conclusion.This paper opposes the logical approach, and defends a procedural approach to legal reasoning. Legal conclusions are not true or false independent of the reasoning process that ended in these conclusions. In critical cases this reasoning process consists of an adversarial procedure in which several parties are involved. The course of the argument determines whether the conclusion is true or false. The phenomenon of hard cases is used to demonstrate this essential procedural nature of legal reasoning. (shrink)

The objective of this paper is to discuss some of the foundational issues centering around the question of integrating education in human values with professional engineering education: its necessity and justification. The paper looks at the efforts in ‘tuning’ the technical education system in India to the national goals in the various phases of curriculum development. The contribution of the engineering profession in national development and India’s self-sufficiency is crucially linked with the institutionalization of expertise and the role of morality (...) and responsibility. This linkage can be created through a proper understanding of the social role of the profession—what motivates the professionals and what makes professional life meaningful. Value education facilitates the process of moral maturity and the development of a ‘holistic’ mindset. This paper deals with the need to create such a mindset, the human values associated with it and gives examples of efforts to impart such education through ‘action-oriented’ programmes introduced in some institutes of engineering in India. (shrink)

The author discusses a number of issues in the theory of legal sources. The first topic is whether sources should be conceived of as acts or texts. The alternatives are connected with two competing theories of legal interpretation (viz., the cognitive theory and the sceptical theory), which entail different concepts of legal rules and law‐making. The second topic is whether a “formal” or a “material” criterion of recognition of sources should be preferred. The third section is devoted to the analysis (...) of rules of change. Four theories of rules of change are discussed, and five kinds of such rules are distinguished. The fourth section concerns judicial law‐making, with special reference to the creation of new legal rules by constitutional courts. (shrink)

Abstract: One oft-cited feature of speech acts is their expressive character: Assertion expresses belief, apology regret, promise intention. Yet expression, or at least sincere expression, is as I argue a form of showing: A sincere expression shows whatever is the state that is the sincerity condition of the expressive act. How, then, can a speech act show a speaker's state of thought or feeling? To answer this question I consider three varieties of showing, and argue that only one of them (...) is suited to help us answer our question. I also argue that concepts from the evolutionary biology of communication provide one source of insight into how speech acts enable one to show, and thereby express, a psychological state. (shrink)

The Philosophical Underpinnings of Social Constructionist Discourse Analysis Although discourse analysis emerges as a multi-faceted research method reflecting various schools of thought, disciplines and approaches, it is possible to pinpoint some meta-theoretical issues or fundamental assumptions common for most of them. This article aims to investigate different philosophical aspects and theoretical foundations that inform discourse analysis, such as the interplay between epistemological and ontological dimensions or the definition of language itself. Because space does not allow an in-depth discussion of all (...) the theoretical orientations collectively contributing to the development of social constructionist discourse analysis, this paper focuses on poststructuralist, constructivist, and social realist positions, and also attempts to trace the roots of social constructionism in linguistic philosophy, phenomenology, and hermeneutics. Hopefully, this article will provide the opportunity to develop meta-theoretical reflections on discourse analysis, thus striking the balance between the philosophy, methodology and practice. (shrink)

Far from being of interest only to argumentation theorists, conceptions of speech acts play an important role in practitioners’ self-reflection on their own activities. After a brief review of work by Houtlosser, Jackson and Kauffeld on the ways that speech acts provide normative frameworks for argumentative interactions, this essay examines an ongoing debate among scientists in natural resource fields as to the appropriateness of the speech act of advocating in policy settings. Scientists’ reflections on advocacy align well with current scholarship, (...) and the scholarship in turn can provide a deeper understanding of how to manage the communication challenges scientists face. (shrink)

Juristic argumentation must in normal cases lead to a positive conclusion. The adoption of the rules of the burden of argumentation is, therefore, necessary. It is the task of the normative theory of juristic argumentation to formulate and to justify these rules., The rules of the burden of argumentation are constitutive rules. They do not impose duties or obligations to justify, but they state under what conditions a thesis counts as justified. The basic problem lies in the second‐order justification, that (...) is, in the justification of the rules of the burden of argumentation. Their rational justification is a precondition for rational juristic discourse. (shrink)