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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 (...) |
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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 (...) |
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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 – (...) |
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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 (...) |
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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 (...) |
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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 (...) |
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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 (...) |
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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 (...) |
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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 (...) |
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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 (...) |
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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. |
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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 (...) |
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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. |
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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 – (...) |
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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. |
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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 (...) |
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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 (...) |
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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 (...) |
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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 (...) |
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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. |
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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 (...) |
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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. (...) |
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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 (...) |
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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 (...) |
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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. |
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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 (...) |
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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, (...) |
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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 (...) |
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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 (...) |
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