Social kinds are heterogeneous. As a consequence of this diversity, some authors have sought to identify and analyse different kinds of social kinds. One distinct kind of social kinds, however, has not yet received sufficient attention. I propose that there exists a class of social-computation-supporting kinds, or SCS-kinds for short. These SCS-kinds are united by the function of enabling computations implemented by social groups. Examples of such SCS-kinds arereimbursement form,US dollar bill,chair of the board. I will analyse SCS-kinds, contrast my (...) analysis with theories of institutional kinds, and discuss the benefits of investigating SCS-kinds. (shrink)

According to mentalism some existing things are endowed with (subjectively) conscious minds. According to physicalism all existing things consist entirely of physical particles in fields of force. Searle holds that mentalism and physicalism are compatible and true.

In the contemporary epistemological debate on social reality, characterized by the crisis of post-modern theories and the emergence of new forms of realism, are there any approaches not acknowledging some specific ontological character to the construction of social objects? The question is apparently rhetorical, but the implication of this problem are not obvious. In the sociological literature the opposition between reality and construction is not clearly defined. Sometimes it is considered a dichotomy, in other situations the synthesis of alternative theses (...) in a dialectical horizon. The more systematic attempt considers reality and construction as analytical macro-dimensions where the relation between social ontology and epistemology operates. From this stance, the acknowledgement of the role of social construction in a wider realist horizon is the true overtaking of postmodern philosophy. If it is true that facts exist beyond representations, it is also true that representations themselves have a specific effect on reality, who continually re-structures itself around specific relations of emergent power. Stating that reality is socially constructed is an evident limit of postmodern theories. On the other hand, stating that only facts exist constitute an impoverishment of realism and its replacement in neo-positivism. Social phenomena are real because they are based on specific properties of the inter-subjective construction of social reality. This thesis represents the revitalization of an advanced, anti-positivistic realism and the definition of the specificity of social objects. The aim of this essay is to search for a specific place of construction within the development of realist social ontology. (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.

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)

This paper guides the reader through the use of functions in contemporary legal philosophy: in developing those philosophies and through methodological debates over their proper role. This paper is broken into two sections. In the first I canvass the role of functions in the legal philosophies of several mid to late twentieth century Anglo-American general jurisprudents whose theories are still common topics of discussion: Ronald Dworkin, H.L.A. Hart, Lon L. Fuller, John Finnis, and Joseph Raz. In the second, I examine (...) contemporary arguments over the role of functions in the methodology of legal philosophy. (shrink)

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)

This paper addresses the question what the fundamental nature and mode of being of institutional reality is. Besides the recent debate with Tony Lawson, Barry Smith is also one of the relatively few authors to have explicitly challenged John Searle's social ontology on this metaphysical question, with Smith's realism requirement for institutions conflicting with Searle's requirement of a one-world naturalism. This paper proposes that an account of institutions as powers or dispositions is not only congenial to Searle's general account, but (...) can also satisfy both the realism and the one world requirements. Searle's worry that such a dispositional account is unable to account for the deontic nature of institutions is countered by an appeal to higher-order powers as well as Searle's notion of the gap and desire-independent reasons for action. (shrink)

Donald Davidson and John Searle famously differ, among other things, on the issue of animal thoughts. Davidson seems to be a latter-day Cartesian, denying any propositional thought to subhuman animals, while Searle seems to follow Hume in claiming that if we have thoughts, then animals do, too. Davidson’s argument centers on the idea that language is necessary for thought, which Searle rejects. The paper argues two things. Firstly, Searle eventually argues that much of a more complex thought does depend on (...) language, which reduces a distance between himself and Davidson. Secondly, some of Davidson’s suggestions are promising – in particular the idea that we may lack a vocabulary to capture the contents of animal thoughts. Based on this insight, one might, pace Davidson, grant thoughts to animals. However, this does not mean, pace Searle, that it should be possible to construe even the simplest of such thoughts as propositional. Perhaps we need to move beyond Davidson and Searle by developing a theory of nonpropositional thought for animals. (shrink)