The conceptual framework that emerged in relation to Komsic’s theory of social pulsations is composed of notions we will deem convenient in the reception of this theory: the anomalous character of social causation, implicit normative inferentialism, projective semantics of social relations, projective sociology, projective social phenomenology, inferential explication of social relations, social inferentialism, and many others. This conceptual framework is part of a “partial doctrine” itself, or a counter-factual position within sociological theory that could legitimately be called projective sociology, or (...) connectionistic social theory, that is founded on a new projective semantics of social relations. If we are able interpret Komsic’s approach to social theory through the conceptual framework presented here, then the evidence of its sustainability lies in the constructability of this new conceptual framework, that is in the mapping of structures which the two sets of propositions, or claims, produce when and if brought into resonance. (shrink)

The main goal of this thesis is to provide a clear basis for the analysis of alternative currencies, such as Bitcoin, LETS, Local currencies, the WIR or Carbon currencies. It attempts to determine whether alternative currencies might constitute just and workable alternatives, either in the form of small-scale experiments or in the form of more radical reforms. The first chapter proposes a new way to classify currencies. The second examines the case in favour of monetary plurality. The third analyses the (...) claims in favour of restricting the use of money locally, within a community, or to certain goods. The fourth studies the link between money and the market. Finally, a post-scriptum focuses on Bitcoin and cryptocurrencies. This thesis highlights that these currencies are drivers of several potential conflicts. Their widespread use might conflict with the adequate management of monetary policy, with social justice, and with liberal values. These conflicts are potential, for they would come into existence only if alternative currencies increased in scope. However, there is no reason to disregard potential conflicts when the case in their favour relies mostly on their potential benefits. (shrink)

The suggestions outlined here include the following. Money is a bundle of institutionally sustained causal powers. Money is an institutional universal instantiated in generic currencies and particular money tokens. John Searle’s account of institutional facts is not helpful for understanding the nature of money as an institution (while it may help to illuminate aspects of the nature of currencies and money particulars). The money universal is not a social convention in David Lewis’s sense (while currencies and money particulars are characterized (...) by high degrees of conventionality). The existence of the money universal is dependent on a larger institutional structure and cannot be understood in terms of collective belief or acceptance or agreement separately focusing on money. These claims have important implications for realism about money. (shrink)

Following Tuomela, I argue that institutions consist in institutional activities conducive to the realisation (or “satisfaction”) of institutional activity types. Since this realisation is carried out by institutional groups, our having an answer to 'what are institutional groups?' is a necessary step towards a better understanding of what institutions are and how we create them. In this chapter, I offer an answer to this question.

The premise that every work belongs to an art-kind has recently inspired a kind-centred approach to theories of art. Kind-centred analyses posit that we should abandon the project of giving a general theory of art and focus instead on giving theories of the arts. The main difficulty, however, is to explain what makes a given kind an art-kind in the first place. Kind-centred theorists have passed this buck on to appreciative practices, but this move proves unsatisfactory. I argue that the (...) root of this dissatisfaction stems not from the act of kicking the can down the road, but from not kicking it far enough. The missing ingredient, I argue, is a notion of convention which does the work of marking the difference between art and non-art for a given physical medium. (shrink)

It can be hard to see where money fits in the world. Money seems both real and imaginary, since it has obvious causal powers, but is also, just as obviously, something humans have just made up. Recent philosophical accounts of money have declared it to be real, but for very different reasons. John Searle and Francesco Guala disagree over whether money is just whatever acts like money, or just whatever people believe to be money. In developing their accounts of institutions (...) as a part of social reality, each uses money as a paradigm institution, but they disagree on how institutions exist. Searle argues that the institution of money belongs to an ontological level separate from the physical world, held up by the collective intentions of a group, while Guala claims that money is a part of the ordinary physical world and is just whatever performs a “money-like function” in a group, regardless of what that group believes about it. Here, we argue that any purely functional account like Guala’s will be unable to capture the distinctive phenomenon of money, since monetary transactions are defined by the attitudes transactors hold toward them. Money will be obscured or misidentified if defined functionally. As we go on to show by examining recent work by Smit et al., belief in money does not require taking on all of Searle’s ontological commitments, but money and mental contents will stand or fall together. (shrink)

Analytic social ontology has been dominated by approaches where institutions tend to come out paradigmatically as being relatively harmonious and mutually beneficial. This can however raise worries about such models potentially playing an ideological role in conceptualizing certain politically charged features of our societies as marginal phenomena or not even being institutional matters at all. This article seeks to develop a nonideal theory of institutions, which neither assumes that institutions are beneficial or oppressive, and where ideology is understood as a (...) structuring and stabilizing phenomenon that helps maintain specific distributions of rights and duties by conferring perceived legitimacy onto them. (shrink)

In our earlier work, we argued, contra Searle, that institutional facts can be understood in terms of non-institutional facts about actions and incentives. Butchard and D’Amico claim that we have misinterpreted Searle, that our main argument against him has no merit and that our positive view cannot account for institutional facts created via joint action. We deny all three charges.

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)

A chapter reviewing recent experimental work on people's conceptions of ownership rights.

The first part of the article examines some recent studies on the early development of social norms that examine young children’s understanding of codified rule games. It is argued that the constitutive rules than define the games cannot be identified with social norms and therefore the studies provide limited evidence about socio-normative development. The second part reviews data on children’s play in natural settings that show that children do not understand norms as codified or rules of obligation, and that the (...) norms that guide social interaction are dynamic, situated, and heterogeneous. It is argued that normativity is intersubjective and negotiable and starts to develop in the first year, emerging as a practical skill that depends on participatory engagement. Three sources of compliance are discussed: emotional engagement, nonverbal agreement, and conversation. (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.

My paper argues that Luc Boltanski’s pragmatic sociology makes an important contribution to two central concerns of critical theory: the empirical analysis of the contradictions and conflicts of capitalist societies and the reflexive clarification of the epistemological and normative grounds of critique. I show how Boltanski’s assessment of the limitations of Bourdieu’s critical sociology significantly influenced his pragmatic sociology of critique and explication of the political philosophies present in actors’ practices of dispute and justification. Although pragmatism has revealed how social (...) life involves considerable uncertainty, Boltanski contends that critique needs to take into account how institutions generate semantic security, as well as symbolic violence. Boltanski’s endeavour to reformulate critique is compared with influential alternative conceptions, notably those of Habermas, Castoriadis, and Honneth. Despite its potential deficiencies and weaknesses, Boltanski’s reformulation of critique is found to be of considerable theoretical significance. In particular, Boltanski’s analysis of the role critique has played in the reorganization of capitalism can be extended, and his work is suggestive of how some of the intentions of critical theory can be pursued in new ways. (shrink)

This essay examines some of the institutional arrangements that underlie corruption in democracy. It begins with a discussion of institutions as such, elaborating and extending some of John Searle’s remarks on the topic. It then turns to an examination of specifically democratic institutions; it draws here on Joshua Cohen’s recent Rousseau: A Free Community of Equals. One of the central concerns of Cohen’s Rousseau is how to arrange civic institutions so that they are able to perform their public functions without (...) being easily abused by their members for individual gain. The view that Cohen sketches on behalf of Rousseau offers a clear framework for articulating institutional corruption in democracy. With this account of democratic institutions in place, the essay turns the discussion to the role of transparency in deterring institutional corruption. The basic thought here is perhaps unsurprising: to ensure that a democratic institution is serving its public function and not being manipulated for self-interested gain, its activities must be subject to public scrutiny, and so these activities must be transparent to the public. Saying this makes the role of transparency in a well-functioning democracy clear, but it does not settle how transparency is to be realized. The essay argues that transparency can be realized in a democracy only by an extra-governmental institution that has several of the familiar features of the press. If this is correct, it follows that in its design and in many, though not all, of its activities, WikiLeaks provides a contemporary example of such an institution. (shrink)

Contemporary discussion concerning institutions focus on, and mostly accept, the Searlean view that institutional objects, i.e. money, borders and the like, exist in virtue of the fact that we collectively represent them as existing. A dissenting note has been sounded by Smit et al. (Econ Philos 27:1–22, 2011), who proposed the incentivized action view of institutional objects. On the incentivized action view, understanding a specific institution is a matter of understanding the specific actions that are associated with the institution and (...) how we are incentivized to perform these actions. In this paper we develop the incentivized action view by extending it to institutions like property, promises and complex financial organisations like companies. We also highlight exactly how the incentivized action view differs from the Searlean view, discuss the method appropriate to such study and discuss some of the virtues of the incentivized action view. (shrink)

Most contemporary philosophers of action accept Aristotle’s view that actions involve movements generated by an internal cause. This is reflected in the wide support enjoyed by the Causal Theory of Action (CTA), according to which actions are bodily movements caused by mental states. Some critics argue that CTA suffers from the Problem of Disappearing Agents (PDA), the complaint that CTA excludes agents because it reduces them to mere passive arenas in which certain events and processes take place. Extant treatments of (...) PDA, most notably those of Michael Bratman and David Velleman, interpret the problem as a challenge to CTA’s ability to capture the role of rational capacities like deliberation and reflection in the etiology of human action. I argue that PDA admits of another interpretation, one that arises when we appreciate that the exercise of higher rational capacities in action presupposes possession of a prior lower-level capacity for basic self-movement – the power to initiate and control one’s bodily behavior. Bolstering CTA so that it accommodates richer exercises of practical thought – as Bratman and Velleman do – will not resolve PDA unless CTA already captures this basic agential power. Adequately responding to PDA, therefore, requires answering a question unaddressed by current responses: How do bodily movements caused by sub-agential items like mental states count as movements actively performed by the whole agent? I argue that CTA can answer this question by adopting a normative account of the nature of self-moving agents. On this view, self-moving agents are teleologically constituted, meaning (1) their nature and proper function derives from their characteristic ends and aims, and (2) the nature and proper function of their parts depend on these ends and aims. Basic self-movement consists of movements caused by a sub-agential part whose own proper function is to generate behavior that constitutes or contributes to the pursuit of the agent’s overall proper function. After showing how this picture applies to artifactual and collective agents (i.e., robots and teams), I extend the account to organic agents (human beings) by sketching a broadly Aristotelian picture of the nature of living things. (shrink)

This paper gives an account of proxy agency in the context of collective action. It takes the case of a group announcing something by way of a spokesperson as an illustration. In proxy agency, it seems that one person or subgroup's doing something counts as or constitutes or is recognized as (tantamount to) another person or group's doing something. Proxy agency is pervasive in institutional action. It has been taken to be a straightforward counterexample to an appealing deflationary view of (...) collective action as a matter of all members of a group making a contribution to bringing about some event. I show that this is a mistake. I give a deflationary account of constitutive rules in terms of essentially collective action types. I then give an account of one form of constitutive agency in terms of constitutive rules. I next give an account of status functions—of which being a spokesperson is one—that also draws on the concept of a constitutive rule. I then show how these materials help us to see how proxy agency is an expression of the agency of all members of the group credited with doing something when the proxy acts. (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)

This paper explores the implications of the recent revival of Hegel studies for the philosophy of economics. We argue that Hegel’s theory of Objective Spirit anticipates many elements of modern approaches in cognitive sciences and of the philosophy of mind, which adopt an externalist framework. In particular, Hegel pre-empts the theories of social and distributed cognition. The pivotal elements of Hegelian social ontology are the continuity thesis, the performativity thesis, and the recognition thesis, which, when taken together, imply that all (...) mental processes are essentially dependent on externalizations, with the underlying pattern of actions being performative. In turn, performative action is impossible without mutual recognition in an intersubjective domain. We demonstrate the implications for economic theory in sketching an externalist approach to institutions and preferences. (shrink)

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)

Studying institutions as part of the research on cultural evolution prompts us to analyze one very important mechanism of cultural evolution: institutions do distribute cultural variants in the population. Also, it enables relating current research on cultural evolution to some more traditional social sciences: institutions, often seen as macro-social entities, are analyzed in terms of their constitutive micro-phenomena. This article presents Sperber’s characterization of institutions, and then gives some hints about the set of phenomena to which it applies.

Thorstein Veblen once considered his work on instincts to be his only important contribution to economic theory. Instincts are the conditions and causes behind the formation of habits of thought, while the latter are the sine qua non elements of institutions. The article poses the question: If Veblenʼs relation instincts-habits of thought-institutions were to be thought of as a formal system, what role would they conceptually occupy? It interprets habits of thought as pure ideas in a Platonist fashion (eidos)—multiplicities thought (...) as Ideas—conceived by Georg Cantorʼs theory of manifolds and philosophically assessed by Alain Badiou positing that “mathematics is ontology.” The article aims: (1) to show how habits of thought, as institutions, abstracted from all content can be thought of as set-theoretic multiplicities; (2) to relate Veblenʼs prime instinct, the instinct of workmanship, in equivalence with set theory’s axiom of the empty set—pointing towards Veblenʼs materialist orientation. (shrink)

Journal of Philosophy of Education, Volume 56, Issue 2, Page 305-317, April 2022.

That certain paper bills have monetary value, that Vladimir Putin is the president of Russia, and that Prince Philip is the husband of Queen Elizabeth II: such facts are commonly called ‘institutional facts’. IFF are, by definition, facts that exist by virtue of collective recognition. The standard view or tacit belief is that such facts really exist. In this paper we argue, however, that they really do not—they really are just well-established illusions. We confront realism about IFF with six criteria (...) of existence, three established and three less so but highly intuitive. We argue that they all tell against the existence of IFF. An obvious objection to IFF non-realism is that since people’s behaviour clearly reflects the existence of IFF, denying their existence leaves an explanatory gap. We reject this argument by introducing a variant of the so-called ‘Thomas Theorem,’ which says that when people collectively recognize a fact as existing, they largely behave accordingly, regardless of whether that fact really exists or not. (shrink)

Driving licenses, identity cards, passports, boarding passes, credit cards, ATM cards – all of these are examples of credentials. Credentials are documents that play a fundamental role in all modern societies. However, philosophers and social ontologists have not yet addressed the analysis of their nature and function. This paper aims to fill this gap through a review of the essential characteristics of credentials, as documents whose primary purpose is to certify the identity and institutional status of the bearer, for example (...) as being the bearer of specific rights. However, credentials also allow their holders the concrete exercise of their rights, as when exercising a right concretely (e.g., crossing a border) requires the possession of a particular credential. The authors distinguish the different types of credentials and describe their functions and the various kinds of acts that are performable with their aid. (shrink)

Credentials play an important role in all modern societies, but the analysis of their nature and function has thus far been neglected by social philosophers. We present a view according to which the function of credentials is certify the identity and the institutional status (including the rights) of individuals. More importantly, credentials enable rights-holders to exercise their rights, so that for a particular right to be exercisable the right-holder should possess, carry and sometimes show to an authority (or QR code (...) scanner) a document of a specific kind. Driving licenses, identity cards, passports, boarding passes, library passes, credit cards, ATM cards, health insurance cards are all examples of credentials in this sense. Credentials have in every case a bearer, and the bearer should be able to carry them easily on his or her person. Credentials should also be inspectable – not least because credentials can be forged. The authors analyse several historical and contemporary examples of credentials, focusing on the credentials carried by the pilgrims of the Way of Saint James. (shrink)

Many recent accounts of the ontology of groups, institutions, and practices have touched upon the normative or deontic dimensions of social reality (e.g., social obligations, claims, permissions, prohibitions, authority, and immunity), as distinct from any specifically moral values or obligations. For the most part, however, the ontology of such socio-deontic phenomena has not received the attention it deserves. In what sense might a social obligation or a claim exist? What is the ontological status of such an obligation (e.g., is it (...) an entity in its own right)? And how do people come to have social obligations or permissions in the first place? In this dissertation, I argue that such social-deontic phenomena can be accounted for ontologically in terms of the existence of shared prescriptive representational content that is backed by collectively held dispositions to monitor for compliance, and to punish (sanction, blame, chide, look unfavorably upon) those who fail to comply. (shrink)

In proxy assertion an individual or group asserts something through a spokesperson. The chapter explains proxy assertion as resting on the assignment of a status role to a person (that of spokesperson) whose utterances acts in virtue of that role have the status function of signaling that the principal is committed in a way analogous to an individual asserting that in his own voice. The chapter briefly explains how status functions and status roles are grounded and then treats, in turn, (...) the case of a spokesperson for an individual and a group and the differences in the significance of what the spokesperson does in each case. Finally, it reviews complications introduced by spokesperson autonomy, where the spokesperson is given leave to represent her principal’s views or positions in her own words and to respond to questions on his behalf. (shrink)

ABSTRACTOscar Larsson’s sympathetic critique of constructivist institutionalism calls for a clarification of my understanding of subjectivity, inter-subjectivity, and their mutual interdependence. That interdependence lies at the heart of any genuinely constructivist approach, just as the interdependence of structure and agency lies at the heart of any genuinely institutionalist approach. As such, I reject the charge of subjectivism just as I would that of voluntarism. Building on the social ontology of Berger and Luckmann, we can distinguish between subjectivity and intra-subjectivity and (...) proceed to show how the latter implies a notion of inter-subjectivity. An example of the social construction of a political crisis shows that social facts are made and remade through a fusion of inter- and intra-subjectivities. (shrink)

The paper defends the idea that strong reciprocity, although it accounts for the existence of deep cooperation among humans, has difficulty explaining why humans lived for most of their history in band-size groups and why the emergence of larger societies was accompanied by increased social differentiation and political centralization. The paper argues that the costs of incurring an altruistic punishment rise in large groups and that the emergence of large-scale societies depends on the creation of institutions that render control of (...) these costs possible through a social division of sanction. Key Words: cooperation • strong reciprocity • cultural evolution • political evolution. (shrink)

Abstract: Focusing on early child pretend play from the perspective of developmental psychology, this article puts forward and presents evidence for two claims. First, such play constitutes an area of remarkable individual intentionality of second-order intentionality (or 'theory of mind'): in pretence with others, young children grasp the basic intentional structure of pretending as a non-serious fictional form of action. Second, early social pretend play embodies shared or collective we-intentionality. Pretending with others is one of the ontogenetically primary instances of (...) truly cooperative actions. And it is a, perhaps the, primordial form of cooperative action with rudimentary rule-governed, institutional structure: in joint pretence games, children are aware that objects collectively get assigned fictional status, 'count as' something, and that this creates a normative space of warranted moves in the game. Developmentally, pretend play might even be a cradle for institutional phenomena more generally. (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)

In this article I am going to argue that despite the fact that (1) there is nothing specific to the form of constitutive rules and (2) that in some broad sense every rule has a constitutive aspect, there is a substantial difference between what might be called trivially and genuinely constitutive rules, and the difference can be spotted by looking at practices that rules are supposed to constitute, not at these rules.

Facts such as the fact that Donald Trump is the US president or the fact that Germany won the 2014 world cup final are commonly referred to as “institutional facts” (“IFF”). I advocate the view that the nature of these facts is comparatively simple: they are facts that exist by virtue of collective recognition (CR), where CR can be direct or indirect. The leading account of IFF, that of John Searle, basically conforms with this definition. However, in his writings Searle (...) has considered or defended several other conditions as potentially necessary for the existence of IFF. In particular, he has considered whether (a) IFF necessarily involve deontic powers, (b) IFF are necessarily so-called “status functions”, (c) IFF require speech acts of Declaring for their existence, (d) IFF require language for their existence. Each of these considerations, if valid, would seem to render the nature of IFF less simple. In this paper, I argue that none of these considerations stand up to scrutiny. Being unaware of any other serious considerations of this kind, I conclude that the nature of IFF is simple as captured by my definition. There is a respect, however, in which my view is possibly less simple than Searle’s, for he suggests that CR is always direct, and never indirect. I reject this suggestion. Indeed, I think that most of the facts existing by virtue of CR exist by virtue of indirect CR. Some authors have (or at least might be construed as having) objected that CR is not even necessary for the existence of IFF. I argue that the account defended here is immune to these objections. (shrink)

In Searle’s social ontology, collective intentionality is an essential component of all institutional facts. This is because the latter involve the assignment of functions, namely "status functions," on entities whose physical features do not guarantee their performance, therefore requiring our acceptance that it be performed. One counter-example to that claim can be found in Carl Menger’s individualistic account of the money system. Menger’s commitment to the self-interest assumption, however, prevents him from accounting for the deontic dimensions of institutional facts.

The private lives of elite athletes are frequently subject to the curiosity, scrutiny, and judgment of the general public. While this interest in life ‘off the field’ is not unique to athletes, this paper argues that our focus on athletes’ lives results, in part, from the fact that athletic achievement is deeply tied to the person. I will argue that athletic performance is distinct because it is both embodied and does not issue in an artifact. These features inextricably tie athletic (...) achievements to the persons whose achievements they are, making an appreciation of athletic achievement an appreciation of the athlete qua person and not merely qua athlete. Thus, in emulating athletes, we not only want to ‘play’ like them, we want to ‘be’ like them. While this helps to explain why the public is so concerned with features of elite athletes’ lives that have little bearing on athletic performance, it may also generate a responsibility on the part of athletes to live up to a basic standard of decency in all aspects of their lives and a correlative obligation on the part of fans to recognize and respect athletes as persons. (shrink)

In the half decade following the 2007 financial crisis, the reform of global financial governance was driven by two separate policy debates: one on the substantive content of regulations, the other on the organizational architecture of their governance. The separation of the two debates among policymakers has been mirrored in academia, where postcrisis analyses of financial governance have remained detached from reinvigorated discussions about the nature of financial markets. We argue that this separation is deeply flawed. Presenting an analysis of (...) interactions between standards for banking, credit rating, accounting, and derivatives trading, this article demonstrates why the appropriateness of the organizational architecture of global financial governance is necessarily contingent upon one’s understanding of how financial markets work. In particular, if financial markets are not anchored to external “economic fundamentals” but instead exhibit reflexivity, then the reciprocal interactions between different regulatory arenas demand considerably more organizational coordination than presently exists. (shrink)

The aim of this paper is to provide a dynamic interpretation of Kant’s logical hylomorphism. Firstly, various types of the logical hylomorphism will be illustrated. Secondly, I propose to reevaluate Kant’s constitutivity thesis about logic. Finally, I focus on the design of logical norms as specific kinds of artefacts.

ABSTRACTThe aim of this article is to sketch a phenomenological theory of political institutions and to apply it to some objections and questions raised by Pierre Manent about the project of the European Union and more specifically the question of “European Construction”, i.e. what is the aim of the European Project. Such a theory of political institutions is nested within a broader phenomenological account of institutions, dimensions of which I have tried to elaborate elsewhere. As a working conceptual delineation, we (...) can describe institutions as stable meaning structures. As such, the definition encompasses phenomena like the European Commission, Belgium, marriage, the Dollar, the Labour Party, but also political subjects themselves. In order to develop said theory of institutions, I will draw primarily upon resources in the work of Maurice Merleau-Ponty and John Searle. (shrink)

Current debates in social ontology are dominated by approaches that view institutions either as rules or as equilibria of strategic games. We argue that these two approaches can be unified within an encompassing theory based on the notion of correlated equilibrium. We show that in a correlated equilibrium each player follows a regulative rule of the form ‘if X then do Y’. We then criticize Searle's claim that constitutive rules of the form ‘X counts as Y in C’ are fundamental (...) building blocks for institutions, showing that such rules can be derived from regulative rules by introducing new institutional terms. Institutional terms are introduced for economy of thought, but are not necessary for the creation of social reality. (shrink)

[ENG] The aim of this paper is to analyze the „possibility puzzle” presented by Shapiro (2011) in the context of the debate between conventionalism and non-conventionalism in speech act theory. Conventionalism claims that for every speech act there is a pattern (convention) which determines its illocutionary force. To perform a felicitous speech act is to fulfil necessary and sufficient conditions for this particular speech act. Non-conventionalism criticizes the view that for every speech act there is a conventional pattern and hidden (...) conditions, which are to be fulfilled. This view maintains the conventional thesis for the so-called strict conventional speech acts (e.g. performatives), but negates using universal quantifier for so-called communicative speech acts whose aim is, in short, to express an intention and force someone to act by virtue of this intention. As in (Shapiro 2011), Phil said: in order for someone to have the power to make, change and apply rules, there has to be a rule that empowers someone to do so. This objection concerned „The First Legis- lator” only from the conventional perspective on speech acts. If it can be maintained that The First Legislator’s speech acts may be non-conventional, then Phil’s argument misses the point. Finally, I will emphasize that only lawyers analyze „the very first speech acts” whereas for philosophers, the problem of e.g. „the very first question” is less absorbing. -/- [PL] Celem niniejszego artykułu jest przedstawienie tak zwanej Aporii Phila (possibility puz- zle) przedstawionej przez Shapiro (2011) w kontekście sporu konwencjonalizm–nonkon- wencjonalizm w teorii aktów mowy. Konwencjonalizm utrzymuje, że dla każdego aktu mowy istnieje konwencja, która determinuje moc illokucyjną aktu. Wykonać w pełni for- tunny akt mowy to spełnić wystarczające i konieczne warunki określone dla danego aktu mowy. Nonkonwencjonalizm krytykuje pogląd, że dla każdego aktu mowy istnieje okre- ślona konwencja oraz ukryte warunki, które należy spełnić. Ten pogląd utrzymuje kon- wencjonalną tezę dla tak zwanych stricte konwencjonalnych aktów mowy (na przykład performatywów), ale neguje użycie dużego kwantyfikatora dla tak zwanych komunika- cyjnych aktów mowy, których celem jest, w skrócie, wyrażenie pewnej intencji i zmusze- nie kogoś poprzez jej wyrażenie do określonego postępowania. Phil, bohater historii z książki Shapiro (2011), podkreślił, iż zawsze musi istnieć reguła upoważniająca do two- rzenia prawa. Ten zarzut dotyczący „Pierwszego Legislatora” jest zasadny tylko z per- spektywy konwencjonalizmu. Jeżeli można utrzymywać, że akt mowy Pierwszego Legislatora może być nonkonwencjonalny, wtedy argument Phila jest nietrafny. Na końcu scharakteryzowany jest następujący fenomen: tylko prawnicy analizują „pierwsze akty mowy”, natomiast dla filozofów problem „pierwszego pytania” nie jest tak absorbujący. (shrink)

The most influential theory of law in current analytic legal philosophy is legal positivism, which generally understands law to be a kind of institution. The most influential theory of institutions in current analytic social philosophy is that of John Searle. One would hope that the two theories are compatible, and in many ways they certainly are. But one incompatibility that still needs ironing out involves the relation of the social rule that undergirds the validity of any legal system (H.L.A. Hart's (...) rule of recognition) to Searle's notion of codification: the idea that institutions need official declarations of their constitutive rules in order to enjoy the full benefits of institutions. The incompatibility arises from the fact that, in order to do its institutional work, the basic validity rule must be codified in Searle's sense—yet, given the particular role it has in legal positivism, it may be impossible to codify in the Searlean sense. In this paper I develop the incompatibility in detail, consider and reject consigning the basic validity rule to Searle's “Background” capacities that support institutional facts, and conclude that the best route to eliminating it while doing a minimum of damage to the two theories is to make a slight emendation to Searle's theory of institutions. (shrink)

In this paper we show that an essential aspect of solving the problem of uncritical acceptance of expert opinions that is at the root of the ad verecundiam fallacy is the need to disentangle argument from expert opinion from another kind of appeal to authority. Formal and computational argumentation systems enable us to analyze the fault in which an error has occurred by virtue of a failure to meet one or more of the requirements of the argumentation scheme from argument (...) from expert opinion. We present a method for enhancing this capability by showing how arguments from expert opinion are related to, but different from, arguments from deontic authority. (shrink)

Starting from the current debate on work and recognition, the article describes how shifts within the cultural frames of work, the transformation of hierarchies into internal markets and the development of a service economy lead to problems which can take the form of a 'paradox of recognition'. This paradox cannot be dissolved simply by a conceptual distinction between equal respect for persons and qualifying esteem of performance and efficiency, at least as long as we are interested in a matching of (...) empirical analysis and normative critique. The normative claims for visibility and transparency of work are described as a paradigmatic case for the entanglement of questions of respect and esteem. With respect to recent developments within critical theory, the article argues that the idea of immanent critique needs further elaboration in order to accentuate the relation between normative critique and functional analysis. (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)

Understanding ownership rights is necessary for socially appropriate behavior. We provide evidence that preschoolers' and adults' judgments of ownership rights are related to their judgments of bodily rights. Four-year-olds and adults evaluated the acceptability of harmless actions targeting owned property and body parts. At both ages, evaluations did not vary for owned property or body parts. Instead, evaluations were influenced by two other manipulations—whether the target belonged to the agent or another person, and whether that other person approved of the (...) action. Moreover, these manipulations influenced judgments for owned objects and body parts in the same way: When the other person approved of the action, participants' judgments were positive regardless of who the target belonged to. In contrast, when that person disapproved, judgments depended on who the target belonged to. These findings show that young children grasp the importance of approval or consent for ownership rights and bodily rights, and likewise suggest that people's notions of ownership rights are related to their appreciation of bodily rights. (shrink)