This article offers a way of using the theory of audience design—how speakers position different audience groups as main addressees, overhearers, or bystanders—for written discourse. It focuses on main addressees, that is, those audience members who are expected to participate in and respond to a speaker's utterances. The text samples are articles, letters, and editorials on women's suffrage that were published between 1909 and 1912 in Canadian periodicals. In particular, the author analyzes noun phrases with which suffrage-skeptical women are (...) addressed, relying on the theory of constitutive rhetoric to highlight the interpellative force with which the audience design of this public political debate operates. (shrink)

The Preamble to the Charter of Rights and Freedoms claims "Canada is grounded upon principles that recognize the supremacy of God." This claim is hopelessly confused and it has no place in our constitution. This is true, moreover, whether you are a Christian, a Jew, a Muslim, a Pantheist, an atheist, or someone who has never given one moment's thought to "the supremacy of God" -- much less "recognized" it.

This paper poses a problem of promiscuity for views that endorse material constitution as a metaphysic relation.

The Quebec government recently (May 2021) announced that it wants to amend the Canadian constitution so that Quebec will be recognized as a nation. This is a bad idea.

Locke's claims about the "inadequacy" of substance-ideas can only be understood once it is recognized that the "sort" represented by such an idea is not wholly determined by the idea's descriptive content. The key to his compromise between classificatory conventionalism and essentialism is his injunction to "perfect" the abstract ideas that serve as "nominal essences." This injunction promotes the pursuit of collections of perceptible qualities that approach ever closer to singling out things that possess some shared explanatory-level constitution. It (...) is in view of this norm regulating natural-historical inquiry that a substance-idea represents a sort for which some such constitution serves as the "real essence," i.e. as that on which all the sort's characteristic "properties" depend. (shrink)

This essay claims that ‘access to justice’ has erroneously been assumed to be synonymous with invisible concepts instead of access to a lawyer’s language. The Paper outlines how a language concerns the relation between signifiers, better known as word-images, on the one hand, with signfieds, better known as concepts, on the other. The signifieds are universal, artificial and empty in content. Taking the Canadian Charter of Rights and Freedoms as an example, officials have assumed that Charter knowledge has involved (...) signifieds (such as rules, principles, doctrines and tests) as if the signifiers were transparent. But any one signifier differs from another signifier without the lawyer ever accessing the invisible signifieds. Ironically, although the lawyer, law professor or law student believes that s/he is studying legal ‘practice’ and although legal knowledge has been considered a matter of signified concepts, the knowledge has really concerned the differentiating relations of signifiers. As a consequence, the moment of accessing the concepts (signifieds) has been forever deferred. ‘Access to justice’ has become access to the special language of signifiers, a language which lawyers alone are privileged to enforce. Turning to the Charter, lawyers claiming to know the special Charter language became indispensable to social life. Even the meaning-constituting human subject became a signifier, better known as ‘the legal person’ defined by Charter rights. Charter language, however, has deferred an access to the invisible concepts such as ‘freedom’ or ‘democracy’, terms in Section of the text. Access to justice’ has become access to the language of the privileged class of lawyers. The lawyer’s language has become a theoretical language in the name of access to justice. And yet, because the theoretical language has been propagated as concerned with ‘practice’, it has been difficult to challenge the social-cultural content of the language of lawyers. (shrink)

This letter was submitted to the Senate Standing Committee on Legal and Constitutional Affairs, Government of Canada, on 29th January, 2021, as final debate over Bill C-7 was being undertaken in the Senate regarding MAiD and the strong opposition to the legislation expressed across the Canadian disability community. It draws on our individual and joint work on eugenics, well-being, and disability.

The pandemic has been the most vivid agent of change that many of us have known. But it has not changed everything: plenty of the institutions, norms, and practices that sustain racial capitalism, settler colonialism, and cisheteropatriarchy have either weathered the storm of the crisis or been nourished by its effects. And yet enough has changed for us to see that the pandemic has profoundly recontextualised those structures and systems of violence, bringing us into a fresh negotiation with, for example, (...) the question of how we discuss and imagine freedom. Responding in part to this unexpected provocation, activist-scholars Robyn Maynard and Leanne Betasamosake Simpson forged a collaboration from the lockdown of 2020, corresponding by letter to create their forthcoming book, Rehearsals for Living, due to be published by Haymarket Books (US) and Knopf (Canada) in 2022. In this interview, we asked them to explain the epistolary form of the book and expand on the concept of “rehearsal”, before inviting them to reflect on a series of issues that animate our current crises: the politics of recognition; the notion of apocalypse; ways to disrupt linear temporalities; practises of reciprocity against proprietary logics; the gendered violence of state apparatuses; and worldbuilding as a method of resistance. In their expansive answers, Robyn and Leanne draw on their experiences as organisers and educators, commenting on anticolonial struggles, the Movement for Black Lives, and the rise of abolition discourse. Stressing the need to build a multiplicity of shared homespaces in the face of racial/colonial capitalism and organized abandonment, they challenge us to rethink the predicaments and possibilities of the present, enabling us to imagine futures liberated of extractivist, carceral governance – “planting more liberatory futures in the present”, as Robyn puts it. The task of sowing those seeds is a collective praxis of rewriting the narratives that constitute us, refusing to hear that nothing can change and insisting that everything must. (shrink)

Patients in Quebec can legally obtain medical assistance in dying (MAID) if they are able to give informed consent, have a serious and incurable illness, are at the end of their lives and are in a situation of unbearable suffering. Since the Supreme Court of Canada’s 2015 Carter decision, access to MAID, under certain conditions, has become a constitutional right. Quebec physicians are now likely to receive requests for MAID from their patients. The Quebec and Canadian laws recognize a (...) physician’s right to conscientious objection, but this right is contested both in the medical ethics literature and in the public sphere. This paper presents the results of a qualitative study conducted with twenty Quebec physicians who did not integrate MAID into their medical practice, either because they were opposed to or deeply ambivalent about MAID. The interviews aimed to explore the reasons – religious and secular – for opposition to or ambivalence towards MAID. The secular reasons given by participants were grouped into four main categories: 1) the ends of medicine and professional identity, 2) the philosophy of palliative medicine and resource allocation in palliative care, 3) benevolent paternalism, the “good death”, and the interests of future selves, 4) the risk of a slippery slope and the protection of vulnerable people. (shrink)

"Wilderness" is a concept which has undergone a radical change in recent years. Owing to the scale of global destruction of the wilderness and its various ecosystems, the idea of wilderness has been transformed from its original negative sense as an Other into a matter of public concern. This as replaced the understanding of "wilderness " not only as a place but as a category closely linked with the development of buman culture. As the result of human practice and representation, (...) nature is thus also political Models and concepts of nature in the creative arts can be indicative of a certain culture's relationship with nature, as they communicate prevailing ideologies. This is particularly pertinent to concepts of nature in Canada where wilderness includes vast tracts of forests, lakes and an Arctic North, which has led to a distinctively Canadian relationship between Canadians and their natural environment. The change in the literary representations of interactions between humankind and environment in Canadian fiction - from the "double vision" resulting from the view of the wilderness both as a threatening Other and free space; to the view of threatened nature as a means of identification; and, finally, as a post-modem place of transgression and possibility - invites questions about both the semiotic threshold between nature and culture, and about the function of boundaries in the constitution of identity. (shrink)

In Simultaneity and Delay: A Dialectical Theory of Staggered Time, the Canadian philosopher Jay Lampert challenges theories that define time in terms of absolute simultaneity and continuous succession. To counter these theories he introduces an alternative: the dialectic of simultaneity and delay. According to Lampert, this dialectic constitutes a temporal succession that is no longer structured as a continuous line, but that is built out of staggered time-flows and delayed reactions. The bulk of the book consists of an attempt (...) to give a conceptual order to the ‘unsystematic analyses of simultaneity and delay sprinkled through the history of philosophy’ (2). This conceptual analysis leads us through ancient (Plato and Plotinus), medieval (Origen) and late modern issues (Kant, Hegel and Lessing), as well as scientific discussions (Einstein, McTaggart), and culminates in the central chapter of the book, which attempts to show ‘how the problems of the great simultaneity philosophers - Husserl and Bergson - might be solved by the great delay philosophers - Derrida and Deleuze’ (147). In this review, I will focus on three points. 1. The problem of synchronization. 2. The problem of synthesis. 3. Theproblem of localization. (shrink)

This Article argues that a particular political theory underlies the judicial interpretation of ‘equality before the law’. The Canadian Courts at the date of writing have elaborated two tests for the signification of ‘equality before the law’. The Article traces the two tests to the utilitarian political theory outlined by John Stuart Mill. The one test sets out the ‘greatest happiness of the greatest number’ or ‘social interests’ as the criterion for adjudicating equality. The second test identifies the reasonable (...) relationship of an alleged statutory classification vis-à-vis the statutory purpose. The Article offers an alternative approach based upon democratic theory. Examples of the two tests and the alternative approach are drawn from judicial constitutional interpretations in the USA and Canada. (shrink)

This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. For reasons (...) explained in the review, this reviewer concludes that Plaxton's proposal and the rationale he presents in support of its adoption are unpersuasive. (shrink)

Two-step proportionality-balancing [TSPB] has become the standard method for human and constitutional rights decision-making. The first step consists in determining whether a rights-provision has been infringed/limited; if the answer to that first question is positive, the second step consists in determining whether the infringement/limit is reasonable or justified according to a proportionality analysis. TSPB has regularly been the target of some criticism. Critiques have argued that both its ‘two-step’ and ‘proportionality’ elements distort reality by promoting a false picture of rights (...) and constitutional decision-making. This would cause negative moral consequences. This article seeks to defend TSPB against these criticisms and to depict it in a more appropriate and favourable light. First, it is argued that both aspects of TSPB do not have the dire moral consequences that opponents suggest they have. Second, it is argued that TSPB, deploying notions such as burdens, presumptions and prima facie/defeasible propositions, constitutes a valuable framework for public argumentation and authoritative decision-making. (shrink)

Constitutional democracies unilaterally enact the laws that regulate immigration to their territories. When are would-be migrants to a constitutional democracy morally justified in breaching such laws? Receiving states also typically enact laws that require their existing citizens to participate in the implementation of immigration restrictions. When are the individual citizens of a constitutional democracy morally justified in breaching such laws? In this article, I take up these questions concerning the justifiability of noncompliance with immigration law, focusing on the case of (...) nonviolent – or mere – noncompliance. Dissenting from Javier Hidalgo’s view, I argue that the injustice of an immigration law is insufficient to make mere noncompliance justified. Instead, I contend that only if an immigration law lacks legitimate authority are individuals justified in breaching it, since the subjects of an institution with legitimate authority are under a content-independent moral duty to comply with its rules. I further argue that a constitutional democracy’s regimes of law regulating immigration and requiring its citizens’ participation in implementing these regulations have legitimate authority. Nevertheless, when a particular immigration law is egregiously unjust, its legitimacy is defeated. (shrink)

According to the quasi-perceptualist account of philosophical intuitions, they are intellectual appearances that are psychologically and epistemically analogous to perceptual appearances. Moral intuitions share the key characteristics of other intuitions, but can also have a distinctive phenomenology and motivational role. This paper develops the Humean claim that the shared and distinctive features of substantive moral intuitions are best explained by their being constituted by moral emotions. This is supported by an independently plausible non-Humean, quasi-perceptualist theory of emotion, according to which (...) the phenomenal feel of emotions is crucial for their intentional content. (shrink)

This paper defends a theory of hope according to which hopes are composed of a desire and a belief that the object of the desire is possible. Although belief plus desire theories of hope are now widely rejected, this is due to important oversights. One is a failure to recognize the relation that hope-constituting desires and beliefs must stand in to constitute a hope. A second is an oversimplification of the explanatory power of hope-constituting desires. The final portion of the (...) paper uses an enhanced understanding of the psychology of hope to make progress on normative questions about hoping well. (shrink)

I defend a new account of constitutive essence on which an entity’s constitutively essential properties are its most fundamental, nontrivial necessary properties. I argue that this account accommodates the Finean counterexamples to classic modalism about essence, provides an independently plausible account of constitutive essence, and does not run into clear counterexamples. I conclude that this theory provides a promising way forward for attempts to produce an adequate nonprimitivist, modalist account of essence. As both triviality and fundamentality in the account are (...) understood in terms of grounding, the theory also potentially has important implications for the relation between essence and grounding. (shrink)

Skepticism about blameworthiness says that there is good reason to doubt that, in our world, humans are ever blameworthy for their deeds. A significant problem for the discussion of this view is that it is unclear how to understand the kind of blame that should be at issue. This paper makes a new proposal. The basic idea is that the kind of blame skeptics should be skeptical about is constituted by responses that can violate the targets’ claims and by the (...) responders’ thought that the targets have forfeited this claim because of their morally objectionable actions and because of how they were when they performed them. This view identifies an important part of our everyday lives and frames discussions about skepticism about blameworthiness in a new way. (shrink)

Various theorists have endorsed the “communication argument”: communicative capacities are necessary for morally responsible agency because blame aims at a distinctive kind of moral communication. I contend that existing versions of the argument, including those defended by Gary Watson and Coleen Macnamara, face a pluralist challenge: they do not seem to sit well with the plausible view that blame has multiple aims. I then examine three possible rejoinders to the challenge, suggesting that a context-specific, function-based approach constitutes the most promising (...) modification of the communication argument. (shrink)

Menges (2022) seeks to identify the kind of blame that should be at issue in debates between skeptics and anti-skeptics about responsibility. Menges argues that such blame is constituted by responses that the target has a claim against, and by the blamer’s thought that they have forfeited this claim due to their bad action and state while engaged in that action. I identify a class of blame responses that Menges mistakenly excludes and offer an alternative, more general, account in which (...) the distinctive feature of controversial blame isn’t claim forfeiture, but the defeat of reasons grounded in the target’s interests. (shrink)

Most contemporary action theorists accept – or at least find plausible – a belief condition on intention and a knowledge condition on intentional action. The belief condition says that I can only intend to ɸ if I believe that I will ɸ or am ɸ-ing, and the knowledge condition says that I am only intentionally ɸ-ing if I know that I am ɸ-ing. The belief condition in intention and the knowledge condition in action go hand in hand. After all, if (...) intending implies belief, and if ɸ-ing intentionally implies intending to ɸ, then in ɸ-ing, I intend to be ɸ-ing, and, by the belief condition, I believe that I am ɸ-ing, and if this belief is justified, and we are not in a Gettier situation, etc., then, I will also satisfy the knowledge condition. Moreover, the claim that when intentions properly result in action, the corresponding belief constitutes knowledge is a relatively safe assumption, at least as an assumption about what it is generally the case. (shrink)

According to rationalist conceptions of moral agency, the constitutive capacities of moral agency are rational capacities. So understood, rationalists are often thought to have a problem with feeling. For example, many believe that rationalists must reject the attractive Aristotelian thought that moral activity is by nature pleasant. I disagree. It is easy to go wrong here because it is easy to assume that pleasure is empirical rather than rational and so extrinsic rather than intrinsic to moral agency, rationalistically conceived. Drawing (...) on underappreciated elements of Kant’s moral psychology, I sketch an alternative form of rationalism, according to which moral activity is by nature pleasant because at least some pleasures are by nature rational. (shrink)

Where Humeans rule out the possibility of material or non-logical necessity, and thus of any associated knowledge a priori, the German legal philosopher Adolf Reinach defends the existence of a wide class of material necessities falling within the domain of what can be known a priori, for example in fields such as color and shape, rational psychology, law and economics. Categories such as promise or claim or obligation are, in Reinach’s view, exist as nodes in a system of necessary relations, (...) so that anyone who has experience of relevant instances of these categories is implicitly aware also of a corresponding family of relations to certain other categories – as for example that every promise implies a mutually correlated claim and obligation. Midway between the two extremes of Hume and Reinach stands Searle, who accepts necessary relations of the mentioned sorts, but sees them as human creations, following from ‘constitutive rules’ analogous to the rules of chess. We seek to demonstrate that Searle does not occupy a stable and acceptable half-way house between Hume and Reinach; that he, too, if he is to do justice to the very constitutive rules which form the center of his approach, must on pain of circularity embrace something like the Reinachian position. (shrink)

The dignity approach to racist hate speech regulation maintains that hate speech ought to be regulated because it impugns targets’ dignity and poses a threat to their equal treatment. This approach faces the significant causal challenges of showing that hate speech has the power to erode its targets’ dignity and that regulations can successfully protect that dignity. My aim is to show how a friend of the dignity approach can resolve these challenges. To do so, I borrow insights from the (...) critical legal studies (CLS) approach to hate speech. Specifically, I argue that hate speech can erode its targets’ dignity 1) by constituting an act of discrimination, and 2) by enacting norms that call for treating targeted groups as inferior. Yet while I maintain that the CLS approach offers valuable resources for shoring up the dignity approach, I reject the CLS approach in favor of the dignity approach. (shrink)

This article looks at the role of Hellenistic thought in the historical narratives of Martin Heidegger and Hannah Arendt. To a certain extent, both see—with G. W. F. Hegel, J. G. Droysen, and Eduard Zeller—Hellenistic and Roman philosophy as a “modernity in antiquity,” but with important differences. Heidegger is generally dismissive of Hellenistic thought and comes to see it as a decisive historical turning point at which a protomodern element of subjective willing and domination is injected into the classical heritage (...) of Plato and Aristotle. Arendt, likewise, credits Stoic philosophy with the discovery of the will as an active faculty constituting a realm of subjective freedom and autonomy. While she considers Hellenistic philosophy as essentially apolitical and world-alienated—in contrast to the inherently political and practical Roman culture—it nonetheless holds for her an important but unexploited ethical and political potential. (shrink)

My central thesis is that philosophers considering questions of epistemic value ought to devote greater attention to the enduring nature of beliefs. I begin by arguing that a commonly drawn analogy between beliefs and actions is flawed in important respects, and that a better, more fruitful analogue for belief would be desire, or a similarly enduring state of an agent. With this in hand, I argue that treating beliefs as enduring, constitutive states of agents allows us to capture the importance (...) of accessible, justified, and true beliefs to sustaining personal identity, autonomy, self-control, and authenticity. We thus arrive at a significant value to such beliefs through their crucial role in our personal, practical identities. (shrink)

This paper is about both an application of virtue ethics, and about virtue ethics itself. A popular application of neo-Aristotelian virtue ethics to environmental issues is called interpersonal extensionism. It argues that we should view the normative range of traditional interpersonal virtues, such as compassion and humility, as extending beyond our interactions with people to also include our interactions with non-human environments. This paper uncovers an unaddressed problem for this view, then proposes a solution by revising how we understand neo-Aristotelian (...) virtue ethics itself. The tenet in question, defended by virtue ethicists such as Hursthouse and Foot, claims that a character trait counts as a virtue only if it is strictly necessary for human flourishing. This tenet threatens interpersonal extensionism because, as I show, the extended or environment-regarding aspects of virtues such as compassion and humility are not strictly speaking necessary for human flourishing: people can in principle flourish without those. But I then argue that diversities across both people and environments give us good, seldom acknowledged, reasons to revise neo-Aristotelian virtue ethics so that it no longer imposes the tenet that led to this problem. Neither a trait nor an aspect of it need be necessary for human flourishing in order to count as a neo-Aristotelian virtue. Indeed, marked variation between people and between environments can be complementary with respect to flourishing. Sometimes, for instance, part of the reason an environment-regarding aspect of compassion is virtuous is because of its distinct role in creating conditions that increase the chance that others will flourish. To show these things, I draw from work in philosophy of science on cluster approaches to categories and constitution, and from experiences working with diverse people in Canada's diverse national and provincial parks. (shrink)

‘Ahab is a whaler’ and ‘Holmes is a whaler’ express different propositions, even though neither ‘Ahab’ nor ‘Holmes’ has a referent. This seems to constitute a theoretical puzzle for the Russellian view of propositions. In this paper, I develop a variant of the Russellian view, Plenitudinous Russellianism. I claim that ‘Ahab is a whaler’ and ‘Holmes is a whaler’ express distinct gappy propositions. I discuss key metaphysical and semantic differences between Plenitudinous Russellianism and Traditional Russellianism and respond to objections that (...) stem from those differences. (shrink)

Boredom has dominated discussions about longevity thanks to Bernard Williams’s influential “The Makropulos Case.” I reveal the presence in that paper of a neglected, additional problem for the long-lived person, namely alienation in the face of unwanted change. Williams gestures towards this problem but does not pursue it. I flesh it out on his behalf, connecting it to what I call the ‘curmudgeonly attitude to change.’ This attitude manifests itself in the tendency, amongst those getting on in years, to observe (...) that things are getting worse. Curmudgeonliness is typically met with dismissal because it often concerns changes that don’t radically inhibit the curmudgeon’s well-being or autonomy. I believe that taking the curmudgeonly attitude more seriously will provide insight into the longer-lived self and its relation to the future. Using Williams’s approach to longevity as the framework, I contend that—as with boredom—a sense of alienation born of curmudgeonliness can become terminal for the subject, rendering her unable to envision the future as a site of worthwhile activity. However, I also uncover ways in which this agential stasis is significantly distinct from boredom and constitutes a different worry and a different risk for the long-lived individual. (shrink)

American philosopher Wilfrid Sellars (1962) once said that “the aim of philosophy, abstractly formulated, is to understand how things in the broadest possible sense hang together in the broadest possible sense.” My main question is this: within the context of contemporary sustainability science, how does the concept of ‘sustainability’ in the broadest possible sense of the concept hang together in the broadest possible sense? I will answer this question by advancing two new explicative definitions of sustainability that jointly constitute a (...) unifying concept of sustainability. This meta-level concept accommodates most of the central meanings conventionally assigned to ‘sustainability’ by sustainability scientists and scholars, offers a useful division of labor between scientists and scholars, and makes explicit value judgements commonly associated with the concept of sustainability. (shrink)

This is a critical review essay of Christine Korsgaard's Self-Constitution: Agency, Identity, and Integrity (OUP 2009).

Nearly everyone agrees that sexual exploitation occurs and that, when it does, it is morally wrong. However, there is substantial disagreement over what constitutes sexual exploitation and why it is wrong. Is sex between freely consenting adults ever exploitative? Is prostitution always exploitative? What features of sexually exploitative interactions lead us to regard them as morally wrong? And if sexual exploitation is morally wrong, what should be done about it?These are not new questions for the social philosopher. However, recent criticisms (...) of social contract theory may lead us to wonder whether contractarianism has the resources to criticize important cases of sexual exploitation—particularly prostitution. Some liberals have defended prostitution “in principle,” arguing that when prostitution is truly consensual, there is nothing wrong with it. This is called “sound prostitution.” Indeed, in cases where the parties to a sexual exchange are both competent adults, liberals and libertarians have a difficult time criticizing it, since to do so runs the risk of imposing a local and historically specific sexual ideal on members of society who explicitly reject it or else suggests that the prostitutes and their clients are not really competent agents. (shrink)

This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit, Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. The (...) second form of structured time has begun with the judicial recognition of a value such as the rule of law, the protection of minorities, equal treatment, or due process of law. With the two forms of structured time, jurists have proceeded to identify a binding law. Such a law has been considered a rule, principle, doctrine or other intelligible standard. Once structured legal time has thus begun, events of legal relevance have been represented by jurists in a distinct phase or period of time. Each such a distinct period is parsed through reference to its named, or labelled, starting point and the latter, in turn and ultimately, with reference to the beginning of the very constitutional order as a whole. Legal justification and the conceptual structures of justification are presumed to follow suit. The article argues, however, that another sense of time, excluded and submerged inside structured time, is experienced. An experienced event, manifested as a discrete incident in experiential time, opens to a condition of the possibility of the existence of law. (shrink)

In this article, I explain and defend the concept of multicultural nationhood. Multicultural nationhood accounts for how a nation can have a cohesive identity despite being internally diverse. In Canada, the challenge of nation-building despite the country’s diversity has prompted reflection on how to conceive of the national identity. The two most influential theories of multiculturalism to come from Canada, those of Charles Taylor and Will Kymlicka, emerged through consideration of Canada’s diversity, particularly the place of Québécois, Indigenous peoples, and (...) immigrants in society. I begin by synthesizing Taylor’s and Kymlicka’s theories. I then propose a new subjective definition of nation, wherein the character of a nation is determined by how its members conceive of themselves. Once these concepts are explained, they are combined in an account of multicultural nationhood. Multicultural nationhood involves the cultivation of a national identity wherein various cultural groups are recognized as constitutive of the nation. (shrink)

In this initially daunting but ultimately enjoyable and informative book, Mohan Matthen argues that this tradition is mistaken about both the processes of perception or sensing and the relationship between sensation, perception, and cognition. Since this tradition is sufficiently alive and well in the contemporary literature to constitute something like the received view of perception and the role of sensation in it, Matthen’s challenge and the alternative view he proposes are potentially significant. Sensory systems, Matthen thinks, are primarily devices for (...) sorting objects into kinds, a process resulting in sensory quality spaces that provide the basis for judgments about and inductions over what there is in the world perceived. Sensory systems do not deliver ‘raw’ sense data, fleeting qualia, or unordered sensations for true cognitive processing; rather, they deliver an output that is sorted and ordered, an output that is already, in traditional terms, conceptualized. Sensory experience or sensations come not ‘before’ cognition but ‘after’ it. When we think about sensory systems in general, and not just the small subset of them that we possess, sensory experience is thus a kind of icing on the cake of perception, not one of its crucial ingredients. (shrink)

This paper reconstructs and defends Kant's argument for the transcendental status of reason's principles of the systematic unity of nature in the Appendix to the Transcendental Dialectic. On the present account, these principles are neither mere methodological recommendations for conducting scientific inquiry nor do they have the normative force of categorical imperatives, two extant interpretations of Kant's discussion of reason in the Appendix. Instead, they are regulative yet transcendental principles restricted to theoretical cognition. The principles of the systematic unity of (...) nature count as transcendental in virtue of their role as conditions of the inferential articulation of empirical concepts. (shrink)

This brief paper is devoted to criticizing the widespread reading of Kant’s first Critique, according to which reference to subject-independent objects is “constituted” by higher-order cognitive abilities (concepts). Let us call this the “constitutional view.” In this paper, I argue that the constitutional reading confuses the un-Kantian problem of how we come to represent objects (which I call the intentionality thesis) with the quite different problem of how we cognize (erkennen) (which I call the “cognition thesis”) that we do represent (...) objects, that is, things that exist independently of the subject. (shrink)

Constitutions enshrine the fundamental values of a people and they build a framework for a state’s public policy. With regard to generational change, their endurance gives rise to two interlinked concerns: the sovereignty concern and the forgone welfare concern. If constitutions are intergenerational contracts, how (in)flexible should they be? This article discusses perpetual constitutions, sunset constitutions, constitutional reform commissions and constitutional conventions, both historically and analytically. It arrives at the conclusion that very rigid constitutions are incompatible with the principle of (...) intergenerational justice. Recurring constitutional reform commissions in fixed time intervals would give each generation of citizens a say without leaning too much to the side of flexibility. (shrink)

Canadian Environmental Philosophy is the first collection of essays to take up theoretical and practical issues in environmental philosophy today, from a Canadian perspective. The essays cover various subjects, including ecological nationalism, the legacy of Grey Owl, the meaning of “outside” to Canadians, the paradigm shift from mechanism to ecology in our understanding of nature, the meaning and significance of the Anthropocene, the challenges of biodiversity protection in Canada, the conservation status of crossbred species in the age of (...) climate change, and the moral status of ecosystems. This wide range of topics is as diverse and challenging as the Canadian landscape itself. Given the extent of humanity's current impact on the biosphere – especially evident with anthropogenic climate change and the ongoing mass extinction – it has never been more urgent for us to confront these environmental challenges as Canadian citizens and citizens of the world. Canadian Environmental Philosophy galvanizes this conversation from the perspective of this place. (shrink)

After six years (2012-2017) of publishing innovative bioethics scholarship, BioéthiqueOnline becomes the Canadian Journal of Bioethics/Revue canadienne de bioéthique. As executive editors of BioéthiqueOnline, we frequently heard from members of the Canadian bioethics community of the need to develop a platform with the right branding to showcase the value and the richness of our collective reflections, both locally and internationally. Following discussions with colleagues across the country, we came to the conclusion that BioéthiqueOnline had developed a unique expertise (...) publishing bioethics scholarship, but that the original name, created to convey the bilingual and open access mission of the journal, was not enthusiastically received. So the time has come to upgrade and rebrand as the Canadian Journal of Bioethics (CJB). (shrink)

It is tempting to think that in the case of complete spatio-temporal coincidence, the statue is identical with the constituent lump of clay. However, some philosophers have thought that accepting constitution as identity in this type of case forces one to reject the necessity of identity. I show that there is no conflict here. By distinguishing between an object's being necessarily an F and an object's being necessity identical with an F, we can see that accepting the necessity of (...) identity does not, and should not, compel one to reject constitution as identity. (shrink)

Constitution is the relation that holds between an object and what it is made of: statues are constituted by the lumps of matter they coincide with; flags, one may think, are constituted by colored pieces of cloth; and perhaps human persons are constituted by biological organisms. Constitution is often thought to be a.

Many philosophers think that games like chess, languages like English, and speech acts like assertion are constituted by rules. Lots of others disagree. To argue over this productively, it would be first useful to know what it would be for these things to be rule-constituted. Searle famously claimed in Speech Acts that rules constitute things in the sense that they make possible the performance of actions related to those things (Searle 1969). On this view, rules constitute games, languages, and speech (...) acts in the sense that they make possible playing them, speaking them and performing them. This raises the question what it is to perform rule-constituted actions (e. g. play, speak, assert) and the question what makes constitutive rules distinctive such that only they make possible the performance of new actions (e. g. playing). In this paper I will criticize Searle’s answers to these questions. However, my main aim is to develop a better view, explain how it works in the case of each of games, language, and assertion and illustrate its appeal by showing how it enables rule-based views of these things to respond to various objections. (shrink)

Alan Hodgkin and Andrew Huxley used abductive reasoning to draw conclusions about the ionic basis of the action potential. Here we build on that initial proposal. First, we propose that Hodgkin and Huxley’s constitutive abductive reasoning has four features. Second, we argue that Hodgkin and Huxley are not alone in giving such arguments. Tolman, 1948, and Baumgartner, 1960, also gave such arguments. The implication is that such arguments are common enough in science that philosophers of science should pay more attention (...) to them. Third, we propose that constitutive abduction describes a method that scientists use to confirm constitutive hypotheses that is an alternative to the mutual manipulability approach that is familiar in the New Mechanist literature. (shrink)

This constitution was written to keep the peace in every community; it is superior only as long as it does not contradict.

Galen Strawson’s Basic Argument is that because self-creation is required to be truly morally responsible and self-creation is impossible, it is impossible to be truly morally responsible for anything. I contend that the Basic Argument is unpersuasive and unsound. First, I argue that the moral luck debate shows that the self-creation requirement appears to be contradicted and supported by various parts of our commonsense ideas about moral responsibility, and that this ambivalence undermines the only reason that Strawson gives for the (...) self-creation requirement. Second, I argue that the self-creation requirement is so demanding that either it is an implausible requirement for a species of true moral responsibility that we take ourselves to have or it is a plausible requirement of a species of true moral responsibility that we have never taken ourselves to have. Third, I explain that Strawson overgeneralizes from instances of constitutive luck that obviously undermine moral responsibility to all kinds of constitutive luck. (shrink)

A. Poleev. Constitutional order in Russia. Enzymes, Revised print edition 2020.

Against the concept that objects are defined by their self-contained essence – “thing-in-themselves” – Husserl and Foucault claim they are defined by intersubjectivity or social institutions. I argue that biological and even physical (complex) systems can constitute the unity and meaning of objects.

In this paper, I present a new framework supporting the claim that some elements in science play a constitutive function, with the aim of overcoming some limitations of Friedman's (2001) account. More precisely, I focus on what I consider to be the gradualism implicit in Friedman's interpretation of the constitutive a priori, that is, the fact that it seems to allow for degrees of 'constitutivity'. I tease out such gradualism by showing that the constitutive character Friedman aims to track can (...) be captured by three features - namely, quasi-axiomaticity (QA), generative potential (GP), and empirical shielding (ES) - which are exhibited to a maximal degree by the examples Friedman deploys, particularly in his analysis of Newtonian mechanics. I argue that not all varieties of 'constitutivity' can be captured by the kind of gradualism implicit in Friedman's view, although developing the gradualism itself might provide useful insights. To show this, I analyse the function of the Hardy-Weinberg principle (HWP) in population genetics in terms of its QA, GP, and ES. Whereas the HWP does not count as constitutive in classical philosophical interpretations (Sober 1984), nor does it within Friedman's framework, it does nonetheless perform a minimally constitutive function. By means of historical details and considerations on the prospects of replacing the HWP, I show that the HWP is minimally constitutive by being a counterfactual instantiation of a paradigmatically constitutive stability principle, where the latter might itself be regarded as an enabling condition for a variety of modelling practices across the sciences. (shrink)