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)

Since heaven is the most perfect state or position possible – namely of loving God perfectly – and sinning is failing to love God, it will not be possible to sin in heaven. However, if freedom is a mark of perfection, and loving God is only possible when one freely loves God, will we be loving God at all if we are not free not to love him? Three cumulative arguments for an affirmative answer are developed. The first is to (...) distinguish the ability to love or sin from the opportunity to do so. In heaven we are loving God in an infinite variety of ways, so we are freely exercising our ability to love, even when God has taken away any opportunities for sinning. However, one might reply that our freedom will only be the freedom to love God in various ways, not the freedom to love God or not. Hence the second argument is that in heaven are only people who have freely chosen to love God while on earth, where there was a real opportunity not to love God. Since the free choice to love God was made before entering heaven, loving God in heaven remains a free choice. Moreover, since in heaven God takes away the opportunity to sin, and stopping to love God would be a sin, you will remain steadfast in that free choice. However, one might reply that also having the opportunity to sin would add an extra possibility for willing something, so one would be 'more free' in heaven, and heaven would be more perfect, if one would also have the opportunity to sin. Hence the third argument is that freedom is a perfection shared by both God and humans, and the freedom of God is in an important respect a freedom to create. Hence, our human freedom is also greater if our creative power is greater. We have no creative power but by participating in God’s creative power, which is necessarily directed towards the good. So by willing what is good we extend and perfect creation and thereby extend and perfect our possibilities for willing, hence we become more free. On the contrary, by sinning we destroy creation and possibilities for willing and we become less free, so an opportunity to sin is not a possibility that increases our freedom. (shrink)

Cette étude entend mettre au jour l’influence de l’angélologie scotiste sur le développement des doctrines modernes de la liberté d’indifférence humaine dans la tradition jésuite et franciscaine. Cette archéologie médiévale permet de démonstrer l’articulation complexe qui existe entre logique et éthique dans la scolastique, à la faveur d’une réflexion sur les rapports entre les actes de la volonté et les instants temporels, l’applicabilité des distinctions logiques entre sens divisé et sens composé à l’action ou encore le rapport entre causalité contingente (...) et liberté d’indifférence.This study aims at showing the influence of Scotistic angelology on the development of early-modern conceptions of human liberty of indifference, mainly in Jesuit and Franciscan scholasticism. This medieval archeology will shed a new light on the complex relationship between logic and ethics in the scholastic tradition, addressing issues such as the parallelism between acts of the will and temporal instants, the applicability of the logical distinctions between divided and composite sense to action and the relationship between contingent causality and liberty of indifference. (shrink)

In line with his theory of secularization according to which all significant concepts of the modern theory of the state are secularized theological concepts, Carl Schmitt argues in Constitutional Theory that people’s (Volk) constitution-making power in modern democracy is analogical to God’s potestas constituens in medieval theology. It is also undoubtedly possible to find a resemblance between Schmitt’s constitution-making power and God’s power as it is described in medieval theology. In the same sense as the constitution-making power is absolutely free (...) from all normative ties, God’s potestas constituens, or rather, God’s potentia absoluta is free from such ties. Yet, unlike the Schmittian constitution-making power, God’s potentia absoluta was not, in medieval theology, originally intended as a description of some form of divine action: the absolute power of God referred to the total possibilities initially open to God. However, when the canonists started to employ the term potentia absoluta in their speculations concerning the papal plenitude of power (plenitude potestatis) by the end of the thirteenth century, they used it in a different sense than the theologians previously. According to certain canonists, the pope, by his potentia absoluta, could grant de facto dispensations from divine and ecclesiastical laws. Later on, this notion became a theological notion as well, but given its origin in juridical discourse, the constitution-making power, rather than being a secularized theological notion, is a theologized juristic notion. (shrink)

I first examine John Duns Scotus’ view of contingency, pure possibility, and created possibilities, and his version of the celebrated distinction between ordained and absolute power. Scotus’ views on ethical natural law and his account of induction are characterised, and their dependence on the preceding doctrines detailed. I argue that there is an inconsistency in his treatments of the problem of induction and ethical natural law. Both proceed with God’s contingently willed creation of a given order of laws, which can (...) be revoked and replaced with a new order of laws. In the case of ethical natural law God promulgated the Decalogue, for example; in the case of nature, there are physical laws that can be known by induction. Scotus exalts the freedom of God and the mutability of ethical natural law in order to explain exceptions to it disclosed by revelation (for example, the Old Testament command to Abraham to kill Isaac). Yet he treats ethical natural laws as (mostly) not universal and immutable. In contrast, he holds that we can arrive at knowledge of the universal and immutable laws of nature, except for those regularities that result from free will. Finally, I present several ways of characterising this tension between Scotus’ doctrines. (shrink)

This paper consists of brief critical comments on Chapter 8, “Personifying Group Agents”, of Christian List’s and Philip Pettit’s book Group Agency (2011). A first set of objections concerns the chapter’s history of ideas. List and Pettit present the history of the idea of corporate personhood as divided between “intrinsicist” and “performative” conceptions. I argue that this distinction does not fit with the historical record and that it makes important political and legal divides and battles invisible. A second set of (...) criticisms builds on perspectives provided by the sociology of knowledge and by John Dewey. My guiding thought here is that “person”, at least when the term is applied to groups, is what political scientists call an “essentially contested concept”. My third set of comments targets the rudimentary political philosophy of List’s and Pettit’s book. I suggest that List’s and Pettit’s corporate personhood theory turns out to be normatively irrelevant; that their concept of “respect” is marred by an ambiguity; and that it remains unclear how their work constitutes progress in guarding against corporate power. (shrink)

"Powers and Capacities in Philosophy" is designed to stake out an emerging, discipline-spanning neo-Aristotelian framework grounded in realism about causal powers. The volume brings together for the first time original essays by leading philosophers working on powers in relation to metaphysics, philosophy of natural and social science, philosophy of mind and action, epistemology, ethics and social and political philosophy. In each area, the concern is to show how a commitment to real causal powers affects discussion at the level in question. (...) In metaphysics, for example, realism about powers is now recognized as providing an alternative to orthodox accounts of causation, modality, properties and laws. Dispositional realist philosophers of science, meanwhile, argue that a powers ontology allows for a proper account of the nature of scientific explanation. In the philosophy of mind there is the suggestion that agency is best understood in terms of the distinctive powers of human beings. Those who take virtue theoretic approaches in epistemology and ethics have long been interested in the powers that allow for knowledge and/or moral excellence. In social and political philosophy, finally, powers theorists are interested in the powers of sociological phenomena such as collectivities, institutions, roles and/or social relations, but also in the conditions of possibility for the cultivation of the powers of individuals. The book will be of interest to philosophers working in any of these areas, as well as to historians of philosophy, political theorists and critical realists. (shrink)

Are companies, churches, and states genuine agents? Or are they just collections of individuals that give a misleading impression of unity? This question is important, since the answer dictates how we should explain the behaviour of these entities and whether we should treat them as responsible and accountable on the model of individual agents. Group Agency offers a new approach to that question and is relevant, therefore, to a range of fields from philosophy to law, politics, and the social sciences. (...) Christian List and Philip Pettit argue that there really are group or corporate agents, over and above the individual agents who compose them, and that a proper approach to the social sciences, law, morality, and politics must take account of this fact. Unlike some earlier defences of group agency, their account is entirely unmysterious in character and, despite not being technically difficult, is grounded in cutting-edge work in social choice theory, economics, and philosophy. (shrink)

The purpose of this book -- Intentionality -- Collective intentionality and the assignment of function -- Language as biological and social -- The general theory of institutions and institutional facts: -- Language and social reality -- Free will, rationality, and institutional facts -- Power : deontic, background, political, and other -- Human rights -- Concluding remarks : the ontological foundations of the social sciences.

The paper intends to show, that W. N. Hohfeld's theory of fundamental jural relations is relevant to economic theory, and that Hohfeld's system can be reconstructed by the concepts of 'liberty space' and 'ability space', understood as an agent's Spielraum for action. The first half of the paper is devoted to an exposition of Hohfeld's system and to the question of its relation to the economic analysis of property rights. The second half concerns Spielraum theory and the reformulation of Hohfeldian (...) distinctions in terms of liberty spaces and ability spaces. It is argued that the reformulation is useful, inter alia, for describing exchange of property rights by contract. El artículo intenta mostrar: que la teoría de las relaciones jurídicas fundamentales de W. N. Hohfeld es relevante para la teoría económica y que el sistema de Hohfeld puede ser reconstruido mediante los conceptos de "espacio de libertad" y "espacio de capacidad", entendidos como el Spielraum para la acción del agente. La primera mitad del artículo está dedicada a la exposición del sistema de Hohfeld y al problema de su relación con el análisis económico de los derechos reales. La segunda mitad se refiere a la teoría del Spielraum y a la reformulación de las distinciones hohfeldianas en términos de espacio de libertad y espacio de capacidad. Se argumenta que esta reformulación es útil, inter alia, para describir el cambio de los derechos reales mediante contratos. (shrink)

John Searle began to discuss his recently published book `The Construction of Social Reality' with Anthony Freeman, and they ended up talking about God. The book itself and part of their conversation are introduced and briefly reflected upon by Anthony Freeman. Many familiar social facts -- like money and marriage and monarchy -- are only facts by human agreement. They exist only because we believe them to exist. That is the thesis, at once startling yet obvious, that philosopher John Searle (...) explores in The Construction of Social Reality. (shrink)