Technical artifacts do not seem particularly continuous with institutional statuses. If statuses are defined in terms of their constitutive rules, as Searle maintains, then disassociation is always possible – someone or something can satisfy those rules without being able to realize the functional effects that are associated with that status. The gap between technical artifacts and Searlean statuses suggests the possibility of an additional social kind, which I call, following Muhammad Ali Khalidi, a ‘real social kind’. However, the placement of (...) real social kinds between technical artifacts and statuses recommends a reconfiguration of Khalidi’s most abstract characterization of the notion. This reconfiguration also lends support to his surprising claim that money is a real social kind. (shrink)

The thesis asserting the mental dependence of institutional entities is particularly debated in social ontology. One of its implications is the infallibility thesis, according to which the existence of institutional entities requires that some of their properties be known. What are these properties? After presenting the Searlian conception of institutional entities and the kind of mental dependence they manifest, I specify the content of the infallibility thesis. I then show that these properties are the deontic powers associated with these entities, (...) and that the mental attitude towards deontic powers must take the form of practical knowledge. Finally, I show that this interpretation is compatible with the existence of at least some naturalized institutional entities. (shrink)

This article is a response to Frank Hindriks’ “Restructuring Searle’s Making the Social World.”.

The idea that there are representations with a double direction of fit has acquired a pride of place in contemporary debates on the ontology of institutions. This paper will argue against the very idea of anything at all having both directions of fit. There is a simple problem which has thus far gone unnoticed. The suggestion that there are representations with both directions of fit amounts to a suggestion that, in cases of discrepancy between a representation and the world, both (...) should change—the representation and the world. But that would merely amount to another discrepancy, and so both should change again, ad infinitum. The paper will first elucidate the notion of a “direction of fit” and clarify how the criticism to be presented here differs from earlier criticisms (Section 1).The next section sheds some light on why and how acts and attitudes with both directions of fit have seemed to play a part in explaining the existence of institutional reality (Section 2). The next sections present the argument against any representations with both directions of fit, relying on a normative understanding of the distinction. The argument will have three steps (Sections 3, 4, and 5). The section that follows shows that the criticism also applies to the dispositional understanding of the notion of a direction of fit (Section 6), and then the paper asks whether a third kind of reading would be available (Section 7) and whether the infallibility of the relevant representations would be of help (Section 8). Finally, the paper assesses briefly the consequences of dropping the notion of two directions of fit (Section 9). (shrink)

Journal of Social Philosophy, EarlyView.

Hindriks argued that Searle’s theory of institutions suffers from a number of problems pertaining to the notions of constitutive rule, status function, Status Function Declaration, deontic power, and human right. Lobo argues that these criticisms are not sufficiently charitable. In response, it is argued here that the problems that were identified earlier are sufficiently severe to call for substantial revisions of the theory.

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 contradiction ”1. The universal right to free speech did not exist before the European Enlightenment, at which time it came into existence. 2. The universal right to free speech has always existed, but this right was recognized only at the time of the European Enlightenment.” draws on two common and conflicting intuitions: The human right to free speech exists because institutions, or the law, says so. In contrast, the human right to free speech can exist independently of institutions—these institutions (...) simply recognize a right we already have. John Searle argues that his status function account of human rights can preserve both intuitions by showing that the inconsistency between and is merely apparent. I argue that this solution works for tokens of human rights but not for types, while the contradiction concerns types. Hence, the status function account of human rights fails to preserve both intuitions. (shrink)

This article constitutes an attempt to reexamine a crucial issue of legal theory from the perspective of philosophy of language and of social ontology: by analyzing a jurisprudential case recently decided by the U.S. Supreme Court, we explain how Searle's account on rules in The Construction of Social Reality constitutes an important starting point for the clarification of the old jurisprudential debate between conventionalism and interpretivism. In a nutshell, we show that Searle's framework, while strictly conventionalist, makes it possible to (...) conceive of the distinction between the semantic content of rules and their extension, by drawing a parallel with the idea of “deep conventions” as well as with the semantic conventions in natural language. The paper thus touches on the broader problem of the relations between legal concepts and nonlegal values. (shrink)