Presence as ordinarily understood requires spatio-temporal proximity. If however Christ’s presence in the Eucharist is understood in this way it would take a miracle to secure multiple location and an additional miracle to cover it up so that the presence of Christ where the Eucharist was celebrated made no empirical difference. And, while multiple location is logically possible, such metaphysical miracles—miracles of distinction without difference, which have no empirical import—are problematic. I propose an account of Eucharist according to which Christ (...) is indeed really and objectively present in the religiously required sense, without benefit of metaphysical miracles. According to the proposed account, which draws upon Searle’s discussion of “social ontology” in The Construction of Social Reality and The Making of the Social World, the presence of Christ in the Eucharist is an institutional fact. I argue that such an account satisfies the requirements for a real presence doctrine. (shrink)

In The Construction of Social Reality, John Searle develops a theory of institutional facts and objects, of which money, borders and property are presented as prime examples. These objects are the result of us collectively intending certain natural objects to have a certain status, i.e. to ‘count as’ being certain social objects. This view renders such objects irreducible to natural objects. In this paper we propose a radically different approach that is more compatible with standard economic theory. We (...) claim that such institutional objects can be fully understood in terms of actions and incentives, and hence the Searlean apparatus solves a non-existent problem. (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 (“the circularity objection”) has no merit and that our positive view cannot account for institutional facts created via joint action. We deny all three charges.

Abstract: It deals with the question of what a moral judgment is. On the one hand, a satisfactory theory of moral judgments must take into account the descriptive character of moral judgments and the realistic language of morals. On the other hand, it must also meet the non-descriptive character of moral judgments that consists in the recommending or condemning element and in the fact that normative statements are derived from moral judgments. However, cognitivism and emotivism or “normativism” are contradictory theories: (...) If moral judgments are descriptive, it is not possible to deduce norms from them. But if one can deduce norms from moral judgments, they are not descriptive. As a solution to this problem, the paper suggests that moral judgments represent institutional facts; the corresponding theory is moral institutionalism. A moral institutional fact – “an act X is Y”, Y” means “morally right” or “morally false” – is a hybrid of descriptive and prescriptive elements: It is stating a fact in descriptive language (“is”) and at the same time, it is short for the prescriptive constitutive rule “X is Y according to the moral rules of the language community C”. Institutional facts contain normative presuppositions without letting them appear in their grammatical form. Institutional facts are now (in relation to the language community C) objective and intersubjective and they can be generalized (cognitive aspect), although they cannot be reduced to brute physical or psychological facts, and it is also possible to deduce norms from them because they are built into them. The meta-ethical concept of moral institutionalism, which is evolved further in the paper, preserves the best intentions of emotivism and cognitivism without leading to contradiction. As a by-product, the article shows exactly the error in J. R. Searle’s alleged counterexample against the so-called naturalistic fallacy from “is” to “ought”. This lies in the normative “are” of the analytic premise or definition in “2a. All promises are [that is ought to be] acts of placing oneself under (undertaking) an obligation to do the thing promised”. In “Key concepts in philosophy”, Sankt Augustin 2015, institutionalism is explained further (p.184-191) and confined to what Hegel has called “Sittlichkeit” that is customary morality in in distinction to the “morality” of my personal consciousness (p.212-213):. (shrink)

Scientific progress has many facets and can be conceptualized in different ways, for example in terms of problem-solving, of truthlikeness or of growth of knowledge. The main claim of the paper is that the most important prerequisite of scientific progress is the institutionalization of competition and criticism. An institutional framework appropriately channeling competition and criticism is the crucial factor determining the direction and rate of scientific progress, independently on how one might wish to conceptualize scientific progress itself. The main (...) intention is to narrow the divide between traditional philosophy of science and the sociological, economic and political outlook at science that emphasizes the private interests motivating scientists and the subsequent contingent nature of the enterprise. The aim is to show that although science is a social enterprise taking place in historical time and thus is of a contingent nature, it can and in fact does lead to genuine scientific progress - contrary to the claims of certain sociologists of science and other relativists who standardly stress its social nature, but deny its progressive character. I will first deal with the factual issue by way of introducing the main concepts and mechanisms of modern institutional theory and by applying them to the analysis of the cultural phenomenon that we call modern science. I will then turn to the normative issue: what is the appropriate content of the institutional framework, for scientific progress to emerge and be sustained at which level should it be set and by whom? Addressing this problematic is equivalent to conducting a constitutional debate leading to a Constitution of Science. (shrink)

With increasing complexity of the networks of social interaction new and more abstract forms of trust are in need. A conceptual analysis of different forms of trust, namely interpersonal trust, trust in groups and institutional trust is given. It is argued that institutional trust cannot totally replace interpersonal trust. Institutional trust rather builds on more personal forms of trust in that it is primarily formed in personal encounters with salient representatives of the institution and presupposes trust in (...) others trusting in the institution. Any form of trust is grounded in some normative foundation. A trusting person can make herself vulnerable to the action of other individuals because she perceives those others as acting from shared aims or values. Thus, some sort of virtue is a prerequisite of any form of genuine trust. While institutional trust may in some respect be more easily acquired than interpersonal trust in general it may bear a fundamental problem: institutional trust may be extraordinary robust with regard to a wide range of behavioral experiences; thus, it may be enduringly maintained although in fact unjustified. In a concluding section the general analysis is illustrated by some reflections on the problem of trust in government. (shrink)

Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. (...) An important characteristic of an institution’s purpose is its deontic status, i.e. whether it is morally impermissible, merely permissible, or mandatory. Although this matters, it does so in some non-obvious ways; the mere fact of a morally impermissible purpose is not necessarily delegitimating, for example. I also consider the problem of conflicting, multiple, and contested institutional purposes, and the different theoretical roles for institutional purpose. Understanding how differences in purpose matter for an institution’s legitimacy is one part of the broader project of theorizing institutional legitimacy in the many contexts beyond the traditional context of the state. (shrink)

The text develops philosophical considerations on the “institutional” dimension of marriage. First of all, the meaning of “institution” is problematized, as it is so much disputed and controversially interpreted today. On the one hand, in fact, it is circumscribed to denote a repressive reality— restraining, delaying, even disciplining—considered necessary and rescuing by some scholars, yet harmful and dangerous by others. On the other hand, accentuating its verbal form, “institution” is also understood in terms of movement, as the novelty that (...) results from the act of instituting, as a discontinuity that opens a field of possibilities. Paul Ricoeur considers institutions as part of the ethical tripod, i.e., of the ways through which human beings can flourish. In the context of these divergent understandings, this paper secondly considers the possibility to speak of marriage as an institution and to take marriage rituals as an example both of rite of passage and aggregation rituals. Bourdieu says that the separation achieved in rituals has a “consecrating” effect. Third, the paper questions whether functional and symbolic changes in marriage and marriage rituals can affect their institutional status and problematize their consequences. (shrink)

This paper explores and defends an institutional metaphysics for the Trinity as providing us with an inherently interpersonal reality, and provides general and specific methodological arguments in that direction in the first section. The actual argumentation is then first of all directed against Augustine’s rejection of the family as a suitable analogy for the Trinity. It is instead argued that the family does in fact offer an interesting and suitable analogy. Next, several more general and historic precursors to such (...) an institutional analogy are explored and fleshed out, relying on the legal and economic meaning of the term ‘substance’ as an estate, such as the shared inheritance between a father and a son. The main section further develops the outlines and main features of such an institutional metaphysics, relying on both analogies to result in three persons in one numerically identical substance. The final section returns to the methodological issue but now in an explicitly Marian key, culminating in the Holy Family as a key exemplar for the family analogy. (shrink)

This paper puts Searle’s social ontology together with an understanding of the human person as inclined openly toward the truth. Institutions and their deontology are constituted by collective Declarative beliefs, guaranteeing mind-world adequation. As this paper argues, often they are constituted also by collective Assertive beliefs that justify (rather than validate intrainstitutionally) institutional facts. A special type of Status Function-creating ‘Assertive Declarative’ belief is introduced, described, and used to shore up Searle’s account against two objections: that, as based (...) on collective acceptance, Searlean social ontology cannot make sense of dissenters, and that it, as its deontology is all game-like, implies a legal positivism and thus cannot make proper sense of the moral import of sociopolitical institutions. This change is necessary to deepen social ontology’s understanding of human societies and to accurately describe many social, religious, and political institutions as constituted from the perspectives of participants and dissidents. (shrink)

There is at least one immediate sense in which legal discourse is perspectival: it qualifies acts and facts in the world on the basis of rules. Legal concepts are for the most part constituted by rules, both in the sense that rules define these concepts’ semantic content and that, in order to engage with legal practice, we must act according to those rules, not necessarily complying with them but at least having them in mind. This is the distinctive perspective (...) of law: however, it would be misleading to think that this is the only perspective we can have in legal discourse. That of rule-constituted legal concepts is the fundamental perspective -- the inevitable presupposition of most legal assertions -- but other perspectives are possible on top of this fundamental background: perspectives on law, stemming from the basic perspective of law. -/- In this paper, I will try to argue that some different perspectives regarding law can be accounted for by analyzing different kinds of concepts that emerge in connection with legal institutions. My argument will consist of three steps as follows. First, I will explain how legal concepts are constituted by rules, referring in this regard to John Searle’s analysis of institutional concepts as it emerges in his Making the Social World, of 2010, and amending this analysis according to some criticisms that in 1986 Neil MacCormick had raised against Searle with specific reference to the legal domain. -/- Second, I will show that there are some kinds of concepts relevant for an institution which are not captured by Searle’s analysis in terms of constitutive rules, even if this is amended according to MacCormick’s criticisms. This I will do by considering the game of chess as a simple system of rule-constituted concepts (concepts such as 'checkmate,' 'bishop,' 'king'). I will consider four examples of perfectly legitimate assertions regarding a match of chess -- these being (1) ‘I won’; (2) 'you made a good attack'; (3) 'you are cheating'; (4) 'you made good use of the first-move advantage,' and I will show that, while the first three assertions can be analyzed in terms of concepts (those of 'victory,' 'attack,' and 'cheating') which are not constituted by the rules of chess but are rather common to several different competitive games, being typical of the broader practice of competitive game-playing of which chess is an instance, the fourth assertion includes a concept (that of 'first-move advantage') which is peculiar to chess, just like a rule-constituted element, but is not constituted by the rules of chess. This analysis will lead to a new categorization of institutional concepts. Apart from rule-constituted institutional concepts, which are the only ones recognized by Searle, in order to account for cases (1), (2), and (3) I will distinguish between three kinds of meta-institutional concepts, namely, goal-oriented, mode-oriented, and value-oriented meta-institutional concepts, and then I will introduce the category of para-institutional concepts to account for case (4). -/- Finally -- and this is the third step of my argument -- I will explain how these different kinds of institutional concepts appear when we adopt different perspectives on the institutional frameworks we deal with. This will lead us to a categorization of possible perspectives regarding law that corresponds to the previous one regarding concepts. There is first a structural perspective regarding the instantiation of institutional elements which clearly involves rule-constituted institutional concepts -- as when we say 'I am making a will.' There is then a teleological perspective regarding the goal of our institutional acts which calls into question goal-oriented meta-institutional concepts -- as when we say 'I wrote that will in order for you to have a distinctive right to my property.' Then, we can adopt a strategical perspective regarding some peculiar ways in which institutional acts can be performed, and this has often to do with mode-oriented meta-institutional concepts -- as when we say 'the Labour Party is making parliamentary obstructionism so that the Government will fall before the enactment of the labour reform,' or 'workers start today a work-to-rule action.' Clearly, we can also adopt an evaluative perspective over institutional facts or acts, and here typically value oriented meta-institutional concepts emerge -- as when we say 'that rule is clearly unjust' or 'that contract is unfair.' Finally, we can limit ourselves to a descriptive perspective on phenomena which are peculiar to a given institutional setting, and here para-institutional concepts are often useful -- as when we say 'the Italian electoral system before 1990 led to a sort of reform paralysis' or 'a strict use of the criterion requiring proof beyond any reasonable doubt can be expected to entail a low conviction rate.'. (shrink)

Searle claims that his theory of institutional reality is particularly suitable as a theoretical scheme of individuation for work in the social sciences. We argue that this is not the case. The first problem with regulatory individuation is due to the familiar fact that institutional judgments have constrained revisability criteria. The second problem with regulatory individuation is due to the fact that institutions amend their declarative judgments based on the inferential (syntactic) properties of the judgments and in response (...) to regulatory pressure, and not based on descriptive (semantic) properties and in response to matters of descriptive adequacy. These two problems imply that ‘regulatory kinds' (countries, borders, kings) will almost inevitably be disjunctive kinds that are ill-suited for scientific theorizing. This also explains why the law often makes odd pronouncements, e.g. calling ketchup a vegetable, considering an arm bent fifteen degrees to be straight, and not admitting that Somaliland is a country. (shrink)

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)

The article is translated here from John R. Searle : What is an Institution? Journal of Institutional Economics (2005), 1: 1, 1–22 Printed in the United Kingdom, The JOIE Foundation, 2005.

Wie können Freiheit und Widerstand innerhalb von Foucaults Theorie der Macht und Subjektivierung konzipiert werden? Diese zentrale Frage der Interpretation von Foucaults vielschichtigem Werk wurde breit diskutiert und dennoch nicht befriedigend beantwortet. Dass bis heute kaum Klarheit über den Status von Freiheit in Foucaults Werk erreicht werden konnte, liegt auch daran, dass die gängigen Interpretationen die verschiedenen Freiheitsbegriffe, die in Foucaults Werk zu finden sind, vermischen. Der Artikel bringt deshalb Ordnung in diese unübersichtliche Lage, indem er die verschiedenen Freiheitsbegriffe und (...) Freiheitsprobleme in Foucaults Werk differenziert. Dies ermöglicht ein besseres Verständnis von Foucaults Freiheitsdenken und Machttheorie und führt zu einem neuen Freiheitsbegriff: Freiheit als die Fähigkeit zur kritischen Reflexion der eigenen Subjektivierung. Weil diese "Freiheit als Kritik" nur durch politische Institutionen ermöglicht werden kann, produziert dieser Freiheitsbegriff neue Anschlüsse von Foucaults Denken an die normative politische Theorie und postfundamentalistische Demokratietheorie. How can freedom and resistance be conceived within Foucault's theory of power and subjectivation? This central question of the interpretation of Foucault's multi-layered work has been widely discussed and yet not satisfactorily answered. The fact that until today there has been little clarity about the status of freedom in Foucault's work is also due to the fact that the current interpretations confuse the various concepts of freedom which can be found in Foucault's work. The article therefore brings order to this confusing situation by differentiating the various concepts and problems of freedom in Foucault's work. This enables a better understanding of Foucault's thinking of freedom and his theory of power and leads to a new concept of freedom: freedom as the capability to critically reflect on one's own subjectivation. Because this "freedom as critique" can only be made possible by political institutions, this concept of freedom produces new connections from Foucault's thinking to normative political theory and post-fundamentalist democratic theory. (shrink)

In this paper, I will look at the relationship between Weitz’s claim that art is an “open” concept and Dickie’s institutional theory of art, in its most recent form. Dickie’s theory has been extensively discussed, and often criticized, in the literature on aesthetics, yet it has rarely been observed – to my knowledge at least – that the fact that his theory actually incorporates, at least to some extent, Weitz’s claim about the “openness” of the concept of art, precisely (...) accounts for what I take to be the main flaws in the theory. In what follows I present arguments for that claim, looking briefly at the position of both authors with respect to the concept of art, then showing how they relate to each other, and what implications this has for Dickie’s institutional theory, and more generally for the traditional project of characterising art. (shrink)

_One of the strongest arguments against hate speech legislation is the so-called Argument from Political Speech. This argument problematizes the restrictions that might be placed on political opinions or political critique when these opinions are expressed in a way which can be interpreted as ‘hateful’ towards minority groups. One of the strongest free speech scholars opposing hate speech legislation is Ronald Dworkin, who stresses that having restrictions on hate speech is, in fact, illegitimate in a liberal democracy. The right to (...) express oneself freely concerning any political decision is, according to Dworkin, a core democratic principle; it is what self-governance – and hence liberal democracies – are built upon. Dworkin and many other free speech scholars based in the United States see hate speech legislation as a threat to expressing oneself freely and critically. I argue that Dworkin and other US-based free speech scholars tend to overlook actual hate speech legislation in countries where such laws have been implemented and have functioned for decades. Furthermore, I argue that the real threat against political speech lies not in hate speech legislation but rather outside of the law, namely, in private institutions such as universities and museums. Restrictions on political speech in various societal circumstances have been on the rise over the last decades – first and foremost in the US. I analyse why these restrictions on political speech are more widespread in the only Western country without laws against hate speech than they are in countries with implemented hate speech laws._ _Keywords_: political speech, hate speech, hate speech legislation, private institu-tions, universities, USA. (shrink)

Today's realities require medical institutions to take more careful account of intangible factors that make up an irreplaceable component of cultural characteristics. Changes in the socio-economic conditions of economic activity have led to increased attention of the management of medical institutions to the need to form a corporate style that will provide additional competitive advantages. The purpose of the study is to identify the functions and elements of the corporate style of a medical institution and its subdivisions, to find out (...) its impact on the collective consciousness and behavior of consumers of medical services and to establish requirements for its development. The methodological basis of the study is modern research on the formation of corporate style and its impact on the reputation and successful development of organizations. The main hypothesis of the study is the assumption that corporate style influences the level of recognition and authority of a medical institution. Summary of the main research material. It is proved that an authentic, working corporate style for a modern medical institution is a necessary element of its organizational culture. It is determined that the corporate style contributes to creating a positive image of a medical institution in the eyes of consumers; allows distinguishing a medical institution from other medical institutions with a similar range of services; strengthens the organizational spirit of medical staff; increases the effectiveness of advertising; and creates a favorable image of a medical institution. The originality and practical significance of the study lies in the fact that a comparative analysis of the elements of corporate style of city clinical hospitals in Dnipro, which are clearly implemented on the official pages on the Internet, was carried out. Conclusions and prospects for further research. The conducted research has made it possible to state that the considered medical institutions of the city of Dnipro do not pay the necessary attention to the formation of their own corporate style. Sporadic initiatives and events create the appearance of the existence of a corporate style of a medical institution, but do not ensure the existence of such a corporate style that would work to increase the recognition and authority of a medical institution. (shrink)

This study aims to examine the Islamic Theological School that was opened in Nicosia back in 1932 to meet the chaplain needs of the Cypriot Muslims. In this context, how the Islamic Theological School was welcomed among the groupings of the period, its physical structure, teaching staff, and students were all addressed within the framework of the education program and the closure process. The "Foundation Files" in the National Archives and Research Department in the TRNC and the newspaper collections of (...) the period and the "British Colonial Documents" in the Archives of the General Directorate of the Foundations of Cyprus are the main sources of our research. Documentation method, which is one of the qualitative research methods, was used in the study. In this context, the documents that could be accessed in the researches related to the subject of the study are examined and described for the objectives of the study. In conjunction with the madrasas in Cyprus becoming dysfunctional until the end of the 1920s, the wrecked Great Madrasah building in Nicosia, which had the purpose of training personnel such as imams, preachers, chaplains and muezzins for the mosques, was demolished and a school called Islamic Theological School was built instead. The opening of the Islamic Theological School led to important debates between the two opposition groups of the time, the Halkçılar and the Evkafçılar. Halkçılar are the group of people who advocate the adoption of the revolutions and reforms of the newly established Turkish Republic also by Turkish Cypriots. For this reason, they strongly criticized the opening of the Islamic Theological School on the grounds that it would cause reactionism and bigotry. On the other hand, the concept of Evkafçılar is used for people who represent tradition and are close to the current British rulers. Evkafçılar advocated the opening of the Islamic Theological School by stating that it was a social need. Accordingly, both groups used the press effectively as a means of conveying their own thoughts. The halkçı group used the newspapers called "Söz" and "Masum Millet" and the evkafçılar group used the newspaper called "Hakikat" as a means to convey their views to the society. In the shadow of the discussions between the two groups, the Islamic Theological School, which was built in 1932 in place of the wrecked Great Madrasah building in the northeast of Selimiye (Hagia Sofia) Mosque in Nicosia, was built as a single-floor building and a gable roof system was used on its roof. Funds were appropriated by Education (Hatib Ahmed Efendi) Foundation for supplying the school's materials such as tables, chairs, cabinets, sofas, and armchairs. In 1932, when the Islamic Theological School began educating, there were only three professors and one teacher in its teaching staff. Hürremzâde Hakkı Efendi, one of the professors, was both the school director and the Fatwa Emin. One of the other professors was an imam and the other one was a fatwa clerk. And Muallim Ahmed Fehim Efendi undertook the duty of imamate. According to the documents examined, the aforementioned faculty members have taught religious and human sciences-oriented courses in the school. As far as we can identify from the documents open to research in the archives, in the years between 1932 and 1950, when the Islamic Theological School was open, a total of 11 students were educated in this school. In the first year of this school, which started education with three students only, students were given a monthly scholarship of 15 shillings. In addition, the students were both able to practice as assistants to muezzins in the mosques during the month of Ramadan and they were also provided with economic support. After graduation, the students were nominated as imams, muezzins and devirhan. The Islamic Theological School was closed in 1950 because there was no student demand. Despite the fact that 11 people received education in 18 years between the school's opening year 1932 and 1950, and the annual reports published by General Directorate of Foundations stated that the Islamic Theological School continued its services satisfactorily under the upervision of its Fatwa Emin, these statements were unrequited in reality. The Islamic Theological School started to serve in the shadow of the debates between the opposition groups of its time. The parties of the discussions are divided into two groups: Halkçılar and Evkafçılar. The first group opposed the opening of the school by claiming that the financial resources of the General Directorate of Foundations would be spent unnecessarily and that the students to be educated would be raised with reactionism and bigoted ideas. The second group, Evkafçılar, approached the issue with a need-centred approach and defended the necessity of a school to educate religious officials. The mentality of the populist group reflects the ideology of the young Turkish Republic and this is clearly seen in their defence mechanisms. Evkafçılar, on the other hand, did not pay the required attention to the Theological School despite their discourses of necessity. As a result, the power struggle of these two groups aiming to hold the leadership of the Turkish Cypriots caused the Theological School to be adversely affected. Very low salaries of religious officials working in existing mosques and low fees being paid to the graduates of the Theological School who were employed in mosques were other factors that reduced the demand for Theological School. As a result, those who saw low-paid religious officials who had difficulty even getting along did not seek education to become religious officials and their families never pointed such way to them. The fact that a very limited number of students attended Theological School did not lead General Directorate of Foundations to alternative solutions. As the Islamic Theological School was not well organized, the issue of religious officials was felt more and more by the muslim people in the following years in Cyprus where many villages do not even have religious officials. (shrink)

In this paper, I reconstruct the development and the complex character of Zilsel’s conception of scientific laws. This concept functions as a fil rouge for understanding Zilsel’s philosophy throughout different times (here, the focus is on his Viennese writings and how they pave the way to the more renown American ones) and across his many fields of work (from physics to politics). A good decade before Heisenberg’s uncertainty principle was going to mark the outbreak of indeterminism in quantum physics, Edgar (...) Zilsel started to develop a complex logical-philosophical theory in which statistical and causal laws were given an indeterministic foundation (Zilsel 1916). However, in developing his thoughts on the emergence of regularities from disorder, Zilsel arrives at a profound ambiguity with respect to the ontological or the epistemic nature of laws and order in the world: Whether this order is to be conceived of as an empirical finding or as the product of reason – this would have to remain unclear. This tension between rationalism and empiricism, as well as a tension between a realist and an anti-realist conception of lawfulness, can be identified in both Zilsel’s Viennese and American writings: a tension which touches the core of the “application problem” that would keep haunting Zilsel until his premature death. (shrink)

This paper explores two different but intimately linked concepts. First, there is "reciprocal illumination," or the relation of interdependence of the object of knowledge and its subject. Second is the "irreversibility" which characterizes the process of applying constitutive rules, which causes institutional facts to become facts, and to be even stricter and more epistemologically constant than brute facts.

John Searle has proposed one of the most influential contemporary accounts of social ontology. According to Searle, institutional facts are created by the collective assignment of a specific kind of function —status-function— to pre-existing objects. Thus, a piece of paper counts as money in a certain context because people collectively recognize it as money, and impose a status upon it, which in turn enables that piece of paper to deliver certain functions (means of payment, etc.). The first part (...) of this essay presents Searle’s theory of social ontology and summarizes his views on money. The second part centers on criticisms of his views and compares his theory with its main competitors, including the theories of Tuomela, Guala and Hindriks, and Smit, Buekens and Duplessis. The conclusion attempts to see what may remain of Searle’s theory after careful examination. (shrink)

In Between Facts and Norms (1992) Habermas set out a theory of law and politics that is linked both to our high normative expectations and to the realities consequent upon the practices and institutions meant to put them into effect. The article discusses Hugh Baxter’s Habermas: The Discourse Theory of Law and Democracy and the drawbacks he finds in Habermas’ theory. It focuses on raising questions about and objections to some of the author’s leading claims.

Part 1 of this exchange consists in a critique by Smith of Searle’s The Construction of Social Reality focusing on Searle’s use of the formula ‘X counts as Y in context C’. Smith argues that this formula works well for social objects such as dollar bills and presidents where the corresponding X terms (pieces of paper, human beings) are easy to identify. In cases such as debts and prices and money in a bank's computers, however, the formula fails, because these (...) are cases of what he calls ‘free-standing Y terms’, since there is here no X which can count as the corresponding Y. In his response in Part 2, Searle argues that Smith’s critique rests on three misunderstandings: 1. in wrongly presupposing that Searle is trying to analyze the nature of what he calls “social objects”, rather than of social facts; 2. in thinking that the counts as formula is intended as a definition, rather than as a mere mnemonic; and 3. in neglecting the naturalism of Searle’s account. (shrink)

This Note offers a normative critique of cost-benefit analysis, one informed by deontological moral theory, in the context of the debate over whether tort litigation or a non-tort approach is the appropriate response to mass harm. The first Part argues that the difference between lay and expert intuitions about risk and harm often reflects a difference in normative judgments about the existing facts, rather than a difference in belief about what facts exist, which makes the lay intuitions more (...) defensible. The second Part considers how tort has dealt with this divergence between lay and expert perspectives. It also evaluates how tort's approach has differed from that of public law approaches to accident law, such as legislative compensation and risk regulation by administrative agencies. Ultimately, tort's ability to recognize the value of lay intuitions supports retaining the tort perspective as part of our societal arsenal of responses to risk and harm. This ability can also support a pro-tort perspective in two practical debates in the arena of tort law: that over preemption of tort law by administrative agency judgments, and that over access to tort recovery as part of a no-fault system. (shrink)

This paper argues, through conceptual analysis, against an objection to the disapproval of banks for the 2007-8 crisis: the idea that they could not have acted otherwise (at least not rationally) and that no one should be blamed for a fact one could not have avoided. If true, it would threaten the justification of corporate social responsibility and the legal liability of managers. Identified as the ‘inevitability thesis’, this objection is illustrated by an analysis of the film Margin Call (2011) (...) and associated with other investigations on ethics and responsibility. The target thesis stems from a confusion between different notions of responsibility (for a task, for a decision, for causing an event and for repairing it) and leads to an incoherent form of fatalism. Finally, it is suggested that the invocation of ‘inevitability’ may be a way of rationalizing the decision, obscuring reasons to the contrary. (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)

Were governments justified in imposing lockdowns to contain the spread of the COVID-19 pandemic? We argue that a convincing answer to this question is to date wanting, by critically analyzing the factual basis of a recent paper, “How Government Leaders Violated Their Epistemic Duties During the SARS-CoV-2 Crisis” (Winsberg et al. 2020). In their paper, Winsberg et al. argue that government leaders did not, at the beginning of the pandemic, meet the epistemic requirements necessitated to impose lockdowns. We focus on (...) Winsberg et al.’s contentions that knowledge about COVID-19 resultant projections were inadequate; that epidemiologists were biased in their estimates of relevant figures; that there was insufficient evidence supporting the efficacy of lockdowns; and that lockdowns cause more harm than good. We argue that none of these claims are sufficiently supported by evidence, thus impairing their case against lockdowns, and leaving open the question of whether lockdowns were justified. (shrink)

In this paper, I provide a descriptive definition of art that is able to accommodate the existence of bad art, while illuminating the value of good art. This, I argue, is something that existing definitions of art fail to do. I approach this task by providing an account according to which what makes something an artwork is the institutional process by which it is made. I argue that Searle’s account of institutions and institutional facts shows that the (...) existence of all institutions is due to their being perceived by their participants to perform some humanly valuable function. I then identify the functions to which the existence of art institutions is due. I then use these functions to provide a reductive institutional definition of art. Finally, in section seven, I examine the account’s consequences for the value of good art. (shrink)

Individualists about social ontology hold that social facts are “built out of” facts about individuals. In this paper, I argue that there are two distinct kinds of individualism about social ontology, two different ways individual people might be the metaphysical “builders” of the social world. The familiar kind is ontological individualism. This is the thesis that social facts supervene on, or are exhaustively grounded by, facts about individual people. What I call anchor individualism is the alternative (...) thesis that facts about individuals put in place the conditions for a social entity to exist, or the conditions for something to have a social property. Examples include conventionalist theories of the social world, such as David Hume’s theories of promises, money, and government, and collective acceptance theories, such as John Searle’s theory of institutional facts. Anchor individualism is often conflated with ontological individualism. But in fact, the two theses are in tension with one another: if one of these kinds of individualism is true, then the other is very unlikely to be. My aim in this paper is to clarify both, and argue that they should be sharply distinguished from one another. (shrink)

The purpose of this introduction is two-fold. First, it is to provide readers unfamiliar with the debates on practice-dependence with the insight necessary to fully comprehend the different contributions to this volume. Second, it is to make readers already well versed in practice-dependence more sensible to the substantive nature of this view and to provide them with a workable typology. After establishing a first distinction between metaphysical, relational and practice-dependent conceptions of justice, I draw a line, among practice-dependent views, between (...) institutionalism and cultural conventionalism. I complete the typology by differentiating between three forms of institutionalism according to how they regard the institutional fact, namely the fact that individuals are always already placed in a state of submission to existing institutions. Whereas de facto institutionalism describes this fact as a mere factual reality which imposes itself upon human beings, de jure institutionalism regards it as a practical necessity that stands in need of justification to each and every individual. Finally, moral institutionalism accounts for the institutional fact in terms of moral duty , namely the duty to contribute to the emergence of a state of affairs in which everyone’s freedom of choice is respected. (shrink)

Part 1 of this exchange consists in a critique by Smith of Searle’s The Construction of Social Reality focusing on Searle’s use of the formula ‘X counts as Y in context C’. Smith argues that this formula works well for social objects such as dollar bills and presidents where the corresponding X terms (pieces of paper, human beings) are easy to identify. In cases such as debts and prices and money in a banks computers, however, the formula fails, because these (...) are cases of what he calls ‘free-standing Y terms’, since there is here no X which can count as the corresponding Y. In his response in Part 2, Searle argues that Smith’s critique rests on three misunderstandings: 1. in wrongly presupposing that Searle is trying to analyze the nature of what he calls “social objects”, rather than of social facts; 2. in thinking that the counts as formula is intended as a definition, rather than as a mere mnemonic; and 3. in neglecting the naturalism of Searle’s account. (shrink)

The discipline of applied ethics already has a certain familiarity in the Anglo-Saxon world, above all through the work of Peter Singer. Applied ethics uses the tools of moral philosophy to resolve practical problems of the sort which arise, for example, in the running of hospitals. In the University at Buffalo (New York) there was organized on April 24-25 1998 the world's first conference on a new, sister discipline, the discipline of applied ontology. Applied ontologists seek to apply ontological tools (...) to solving practical problems of the sort which arise in various extra-philosophical domains, including law and government administration. (shrink)

Politics abounds with bad language: lying and bullshitting, grandstanding and virtue signaling, code words and dogwhistles, and more. But why is there so much bad language in politics? And what, if anything, can we do about it? In this paper I show how these two questions are connected. Politics is full of bad language because existing social and political institutions are structured in such a way that the production of bad language becomes rational. In principle, by modifying these institutions we (...) can reduce the prevalence of bad language. However, as I show, such practical efforts are fraught with difficulties. After first outlining an account of bad language (Section 1), I examine the rationality of three different types of bad language: inaccurate language, insincere language, and unclear language (Section 2). Next, I discuss the possibility of implementing institutional reforms to improve the quality of political discourse (Section 3). However, I then outline and discuss two serious complications for institutional reforms—namely, they create risk of abuse, and they could preclude instances of seemingly bad language that, in fact, are socially beneficial (Section 4). I conclude with some thoughts about how to pursue institutional reform in an appropriately circumspect manner (Section 5). (shrink)

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)

The text “Language and Social Reality” is translated here from the work of John R. Searle: The Construction of Social Reality (The Free Press: New York, 1995. Chapter 3: Language and Social Reality. pp. 59–78.

Taylor Swift’s choice to re-record several of her early studio albums might seem purely commercial. But the depth and intensity of the project suggests that Taylor’s Versions are new artworks, not just financially motivated copies. The elements of appropriation, audience participation, and institutional critique tie Swift’s project to a tradition dating back more than a century: conceptual art. I will stop short of arguing outright that Taylor’s Versions is a conceptual art project: it is foremost a contribution to popular (...) music. But considering it in relation to conceptual art sheds light on its achievements and one notable limitation. In the realm of appropriation, the fact that the re-recordings exhibit both close resemblance to and subtle differences from the originals has prompted an intensity of close listening by audience members, with distinctive aesthetic experiences in the realm of the uncanny. In the realm of participation, Swift has creatively motivated her fans to abandon her beloved original albums, and the fans have in turn evolved a variety of strategies to shift their allegiance to the new versions and hold each other accountable. When it comes to institutional critique—the movement in conceptual art that highlights and challenges the power structures governing art institutions—Swift’s project has raised awareness of troubling and exploitative power dynamics in the music industry. However, consideration of historical precursors of Swift’s institutional critique may lead us to question some elements of her self-presentation as a victim of gendered exploitation. (shrink)

Wil Waluchow has advanced perhaps the most convincing argument in favour of what he eloquently termed ‘inclusive legal positivism’, the view that a given legal system could make legal validity depend on moral truths. This chapter refocuses the case for the opposing view of exclusive positivism on the metaphysical tension in seeing law as an institutional social fact and yet for its validity to depend on something that is not a social fact, developing an understanding of official mistake as (...) a way of highlighting that tension. If legal validity itself is understood as a socially constructed status (something with which any legal positivist would agree), key officials (as a group) cannot be wrong about the criteria sufficient for institutional membership having been met. While the officials cannot be wrong about the sufficient conditions, they can be wrong about the necessary (gatekeeping) ones and the moral criteria that inclusive positivists say could be included among the criteria of validity are invariably understood to be necessary conditions. That might look like a point in favour of inclusive positivism, but it is only the sufficient conditions that are constitutive of legal validity. Two facets of legal decisions are then marshalled to buttress the case for exclusive positivism: that almost every legal decision is also a determination of validity, and that all such decisions are systemically treated as correct until reviewed by a court of superior jurisdiction (which is itself a sufficient condition for membership). The implication of this is that moral criteria, understood as gatekeepers for legal validity, cannot be constitutive of legal validity. (shrink)

In this paper I take it for granted that legal institutions are artifacts. In general, this can very well be considered a trivial thesis in legal philosophy. As trivial as this thesis may be, however, to my knowledge no legal philosopher has attempted an analysis of the peculiar reality of legal phenomena in terms of the reality of artifacts, and this is particularly striking because there has been much discussion about artifacts in general philosophy (specifically analytic metaphysics) over the last (...) twenty years. In particular, the concepts of intention, function, plan of action, and history are in competition to explain the ontology of artifacts, and a similar competition can be found at the core of legal theory. Such a striking parallelism between the domain of artifacts and that of legal institutions is a clue for legal ontology that deserves further attention: I will offer my own interpretation of this parallelism in the first part of this paper (Sections 2 and 3). In providing a theory of legal institutions as artifacts, one could be led to the conclusion that law is essentially an artificial phenomenon, something which does not bear any significant relationship to the natural domain. However, I think that such a conclusion would be mistaken. In fact, this is the second thesis I want to explore in this paper: not only that legal institutions are artifacts, but also that they can be artifacts which in some sense "mirror," or imitate, some descriptions of the natural, pre-social reality we live in. What I would like to show is not that legal institutions are "natural" in the sense that they have some feature which is not human-dependent, as some natural law theorists would say, but rather that their conceptual content can depend on our conceptualization of the natural domain despite being entirely artifactual. This is what I will call the "institutional mimesis" behind several important instances of legal artifacts, and I will deal with it in the second part of this paper (Sections 4 and 5). (shrink)

In this article, the hypothesis according to which the institutional change is determined by the mobilization of social capital is exposed. It is analysed what consequences derived from this fact in relation to the processes of deinstitutionalization of the policy. It proposes an interpretation of academically relevant results about the meaning of the term ‘deinstitutionalization’, explains some of the most important antecedents on institutional theory and, fially, proposes some fundamental ideas to advance the philosophical reflction about the so-called (...) new institutionalism. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...) “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

We care not only about how people treat us, but also what they believe of us. If I believe that you’re a bad tipper given your race, I’ve wronged you. But, what if you are a bad tipper? It is commonly argued that the way racist beliefs wrong is that the racist believer either misrepresents reality, organizes facts in a misleading way that distorts the truth, or engages in fallacious reasoning. In this paper, I present a case that challenges (...) this orthodoxy: the case of the supposedly rational racist. We live in a world that has been, and continues to be, structured by racist attitudes and institutions. As a result, the evidence might be stacked in favour of racist beliefs. But, if there are racist beliefs that reflect reality and are rationally justified, what could be wrong with them? Moreover, how do I wrong you by believing what I epistemically ought believe given the evidence? To address this challenge, we must recognize that there are not only epistemic norms governing belief, but moral ones as well. This view, however, is at odds with the assumption that moral obligation requires a kind of voluntary control that we lack with regard to our beliefs. This background assumption motivates many philosophers to try to explain away the appearance that beliefs can wrong by locating the wrong elsewhere, e.g., in an agent’s actions. Further, even accounts that accept the thesis that racist beliefs can wrong restrict the class of beliefs that wrong to beliefs that are either false or the result of hot irrationality, e.g., the racist belief is a result of ill-will. In this paper I argue that although the these accounts will capture many of the wrongs associated with racist beliefs, they will be only partial explanations because they cannot explain the wrong committed by the supposedly rational racist. The challenge posed by the supposedly rational racist concerns our epistemic practices in a non-ideal world. The world is an unjust place, and there may be many morally objectionable beliefs it justifies. To address this challenge, we must seriously consider the thesis people wrong others in virtue of what they believe about them, and not just in virtue of what they do. (shrink)

The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific (...) changes in decision-making processes and practices. These changes are required to achieve a standard of decision-making that is consistent with the public interest in the administration of justice within a constitutional framework under the social and political conditions of the early 21st century. The essay illustrates the application of the principles and methods of legitecture to analysis of problems of institutional design in law. (shrink)

“Probably Peirce’s best-known works are the first two articles in a series of six that originally were collectively entitled Illustrations of the Logic of Science and published in Popular Science Monthly from November 1877 through August 1878. The first is entitled ‘The Fixation of Belief’ and the second is entitled ‘How to Make Our Ideas Clear.’ In the first of these papers Peirce defended, in a manner consistent with not accepting naive realism, the superiority of the scientific method over other (...) methods of overcoming doubt and ‘fixing belief.’” — Robert Burch, “Charles Sanders Peirce,” entry in the Stanford Encyclopedia of Philosophy (2021 revision) -/- “Pragmatist epistemologies often explore how we can carry out inquiries in a self-controlled and fruitful way. (Where much analytic epistemology centres around the concept of knowledge, considered as an idealised end-point of human thought, pragmatist epistemology centres around the concept of inquiry, considered as the process of knowledge-seeking and how we can improve it.) So pragmatists often provide rich accounts of the capacities or virtues that we must possess in order to inquire well, and the rules or guiding principles that we should adopt. A canonical account is Peirce’s classic early paper ‘The Fixation of Belief‘. Here Peirce states that inquiry is a struggle to replace doubt with “settled belief“, and that the only method of inquiry that can make sense of the fact that at least some of us are disturbed by inconsistent beliefs, and will subsequently reflect upon which methods of fixing belief are correct is the Method of Science, which draws on the Pragmatic Maxim described above. This contrasts with three other methods of fixing belief: i) refusing to consider evidence contrary to one’s favored beliefs (the Method of Tenacity), ii) accepting an institution’s dictates (the Method of Authority), iii) developing the most rationally coherent or elegant-seeming belief-set (the A Priori Method).“ — Catherine Legg, “Pragmatism,” entry in the Stanford Encyclopedia of Philosophy (2021 revision). (shrink)

There is significant controversy over whether patients have a ‘right not to know’ information relevant to their health. Some arguments for limiting such a right appeal to potential burdens on others that a patient’s avoidable ignorance might generate. This paper develops this argument by extending it to cases where refusal of relevant information may generate greater demands on a publicly funded healthcare system. In such cases, patients may have an ‘obligation to know’. However, we cannot infer from the fact that (...) a patient has an obligation to know that she does not also have a right not to know. The right not to know is held against medical professionals at a formal institutional level. We have reason to protect patients’ control over the information that they receive, even if in individual instances patients exercise this control in ways that violate obligations. (shrink)

Traditionally, social entities (i.e., social properties, facts, kinds, groups, institutions, and structures) have not fallen within the purview of mainstream metaphysics. In this chapter, we consider whether the exclusion of social entities from mainstream metaphysics is philosophically warranted or if it instead rests on historical accident or bias. We examine three ways one might attempt to justify excluding social metaphysics from the domain of metaphysical inquiry and argue that each fails. Thus, we conclude that social entities are not justifiably (...) excluded from metaphysical inquiry. Finally, we ask how focusing on social entities could change the character of metaphysical inquiry. We suggest that starting from examples of social entities might lead metaphysicians to rethink the assumption that describing reality in terms of intrinsic, independent, and individualistic features is preferable to describing it in terms of relational, dependent, and non-individualistic features. (shrink)