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)

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)

It is often seen as a truism that social objects and facts are the product of human intentions. I argue that the role of intentions in social ontology is commonly overestimated. I introduce a distinction that is implicit in much discussion of social ontology, but is often overlooked: between a social entity’s “grounds” and its “anchors.” For both, I argue that intentions, either individual or collective, are less essential than many theorists have assumed. Instead, I propose a more worldly – (...) and less intellectualist – approach to social ontology. (shrink)

The theory of document acts is an extension of the more traditional theory of speech acts advanced by Austin and Searle. It is designed to do justice to the ways in which documents can be used to bring about a variety of effects in virtue of the fact that, where speech is evanescent, documents are continuant entities. This means that documents can be preserved in such a way that they can be inspected and modified at successive points in time and (...) grouped together into enduring document complexes. We outline some components of a theory of document acts, and show how it can throw light on certain problems in Searle’s ontology of social reality. (shrink)

John Searle’s theory of social ontology posits that there are indispensable normative components in the linguistic apparatuses termed status functions, collective intentionality, and collective recognition, all of which, he argues, make the social world. In this paper, I argue that these building blocks of Searle’s social ontology are caught in a petitio of constitutive circularity. Moreover, I note how Searle fails to observe language in reciprocal relation to the institutions which not only are shaped by it but also shape language’s (...) practical applications. According to Searle, social theorists that tried to show a connection between society, culture, and language all failed to see the constitutive role of language in the making of social reality. Consequently, I believe that Searle is himself guilty of a certain kind of blind presumption, and argue that Hegel’s philosophy of culture, which Searle dismisses as implausible, offers a more cohesive account of the normative transactions between human beings and their social world. (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)

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)

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)

Mental, mathematical, and moral facts are difficult to accommodate within an overall worldview due to the peculiar kinds of properties inherent to them. In this paper I argue that a significant class of social entities also presents us with an ontological puzzle that has thus far not been addressed satisfactorily. This puzzle relates to the location of certain social entities. Where, for instance, are organizations located? Where their members are, or where their designated offices are? Organizations depend on their members (...) for their existence, but the members of an organization can be where the organization is not. The designated office of an organization, however, need be little more than a mailbox. I argue that the problem can be solved by conceptualizing the relation between social entities and non-social entities as one of constitution, a relation of unity without identity. Constituted objects have properties that cannot be reduced to properties of the constituting objects. Thus, my attempt to solve the Location Problem results in an argument in favor of a kind of non-reductive materialism about the social. (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)

John Searle’s The Construction of Social Reality and Hernando de Soto’s The Mystery of Capital shifted the focus of current thought on capital and economic development to the cultural and conceptual ideas that underpin market economies and that are taken for granted in developed nations. This collection of essays assembles 21 philosophers, economists, and political scientists to help readers understand these exciting new theories.

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)

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.

Searle’s tool for understanding culture, law and society is the opposition between brute reality and institutional reality, or in other words between: observer-independent features of the world, such as force, mass and gravitational attraction, and observer-relative features of the world, such as money, property, marriage and government. The question posed here is: under which of these two headings do moral concepts fall? This is an important question because there are moral facts – for example pertaining to guilt and responsibility – (...) which hover uncomfortably close to the boundary between the observer-relative and the observer-independent. By means of a thought experiment involving an imagined Chinese society in which guilt is determined by the random throwing of sticks, I seek to show that moral concepts threaten the foundations of Searle’s philosophy of social reality. (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.

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)

In this paper, I present a problem for the realist with respect to the institutional sphere, and suggest a solution. Roughly, the problem lies in a contradiction that arises as soon as institutional contexts are allowed to influence the institutional profile of objects and events not only in the present, but also in the past. If such “retroactive enactments” are effective, in order to avoid contradiction the realist seems to have to accept the unpleasant conclusion that institutions can create a (...) past that has never been present. I will defend a solution which involves a distinction between temporal and atemporal types of institutional kinds that has, I maintain, independent interest. (shrink)

The paper argues that contexts of interaction are structured in a way that coordinates part actions into normatively guided joint action without agents having common knowledge or mutual beliefs about intentions, beliefs, or commitments to part actions. The argument shows earlier analyses of joint action to be fundamentally flawed because they have not taken contextual influences on joint action properly into account. Specific completion of earlier analyses is proposed. It is concluded that attention to features distributed in context of interaction (...) that signal expected part actions is sufficient for a set of part actions to qualify as a joint action. (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)

I contend that mathematical domains are freestanding institutional entities that, at least typically, are introduced to serve representational functions. In this paper, I outline an account of institutional reality and a supporting metaontological perspective that clarify the content of this thesis. I also argue that a philosophy of mathematics that has this thesis as its central tenet can account for the objectivity, necessity, and atemporality of mathematics.

We remark that the A Contrario Argument is an ambiguous technique of justification of judicial decisions. We distinguish two uses and versions of it, strong and weak, taking as example the normative sentence “Underprivileged citizens are permitted to apply for State benefit”. According to the strong version, only underprivileged citizens are permitted to apply for State benefit, so stateless persons are not. According to the weak, the law does not regulate the position of underprivileged stateless persons in this respect. We (...) propose an inferential analysis of the two uses along the lines of the scorekeeping practice as described by Robert Brandom, and try to point out what are the ontological assumptions of the two. We conclude that the strong version is justified if and only if there is a relevant incompatibility between the regulated subject and the present case. (shrink)

Human cognitive acts are directed towards entities of a wide range of different types. What follows is a new proposal for bringing order into this typological clutter. A categorial scheme for the objects of human cognition should be (1) critical and realistic. Cognitive subjects are liable to error, even to systematic error of the sort that is manifested by believers in the Pantheon of Olympian gods. Thus not all putative object-directed acts should be recognized as having objects of their own. (...) What follows is a categorial scheme that is both critically realistic and comprehensive. Thus it enjoys some of the benefits of linguistic idealism and physicalism, without (or so it is hoped) the corresponding disadvantages of each.The starting point for our categorial scheme is the concept of extended entity. (shrink)

I propose that artworks represent a specific and homogeneous ontological kind, grounded in a common ontological core. I call this common core ‘non-universalizable embodied meaning’, and I argue that this common core explains how artworks unfold their ontological identity at the physical, intentional, and social levels on the basis of an original and irreducible mode of material embodiment and cultural emergence; this common core functions as the constitutive rule of art and institutes an axiological normativity, that is, normativity based on (...) aesthetic value; it has a central role both in the theoretical definition of art and in the identification, recognition, and fruition of the individual artworks; it enables artistic creativity, historical transformations of art, and the current, multifaceted state of art. (shrink)

Since the pioneering work by Kripke and Montague, the term possible world has appeared in most theories of formal semantics for modal logics, natural languages, and knowledge-based systems. Yet that term obscures many questions about the relationships between the real world, various models of the world, and descriptions of those models in either formal languages or natural languages. Each step in that progression is an abstraction from the overwhelming complexity of the world. At the end, nothing is left but a (...) colorful metaphor for an undefined element of a set W called worlds, which are related by an undefined and undefinable primitive relation R called accessibility. For some purposes, the resulting abstraction has proved to be useful, but as a general theory of meaning, the abstraction omits too many significant features. So much information has been lost at each step that many philosophers, linguists, and psychologists have dismissed model-theoretic semantics as irrelevant to the study of meaning. This article examines the steps in the process of extractingthe pair (W,R) from the world and the way people talk about the world. It shows that the Kripke worlds can be reinterpreted as part of a Peircean semiotic theory, which can also include contributions from many other studies in cognitive science. Among them are Dunn’s semantics based on laws and facts, the lexical semantics preferred by manylinguists, psychological models of how the world is perceived, and philosophies of science that relate theories to the world. A full integration of all those sources is far beyond the scope of this article, but an outline of the approach suggests that Peirce’s vision is capable of relating and reconciling the competing sources. (shrink)

Festschrift in Honor of Barry Smith on the occasion of his 65th Birthday. Published as issue 4:4 of the journal Cosmos + Taxis: Studies in Emergent Order and Organization. Includes contributions by Wolfgang Grassl, Nicola Guarino, John T. Kearns, Rudolf Lüthe, Luc Schneider, Peter Simons, Wojciech Żełaniec, and Jan Woleński.

I investigate collective intentionality (CI) through the “Ought” implies “Can” (OIC) principle. My leading question is does OIC impose any further requirement on CI? In answering the challenge inside a Searlean framework, I realize that we need to clarify what CI's structure is and what kind of role the agents joining a CI-act have. In the last part of the paper, I put forward an (inverted) Hartian framework to allow the Searlean CI theory to be agent sensitive and cope with (...) the problems that emerged. (shrink)

The paper set up a small “philosophical lab” for thought experiments using Digital Universes as its main tool. Digital Universes allow us to examine how mereology affects the debate on New Realism of Ferraris and shed new light on the whole notion of Realism. The semi-formal framework provides a convenient way to model the varieties of realism that are important for the program of New Realism: we then draw the natural consequences of this approach into the ontology of our world, (...) arguing that the same considerations that apply to Digital Universe would hold for chess, institutions and social objects as well. Once a particular version of mereology is chosen, there are unavoidable consequences that the very underlying structure of social ontology. We then propose a new New Realism to tackle social objects: social objects turn out to be nothing more than mereological sums, picked up by some description. (shrink)

ABSTRACTEpstein compares models of group agents that focus on their internal organization to models that focus on the statuses they have. He argues that status models are inadequate because agency is not something that can be attributed by fiat. Even if this is true, however, certain agential powers can be attributed to group agents. I argue that Epstein’s arguments stand to benefit a lot from recognizing that some group agents have statuses and constitute corporate agents. For instance, only corporate agents (...) can exist without having members. (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)