This is Vol. I in French. Vol. II in English is available separately from this website. -/- The principal objective of the work is to construct an analytically precise methodology which can serve to identify, eliminate, and avoid a certain widespread conceptual fault or misconstruction, called a "projective misconstruction" or "projection" by the author. -/- It is argued that this variety of error in our thinking (i) infects a great number of our everyday, scientific, and philosophical concepts, claims, and theories, (...) (ii) has largely been undetected, and (iii), when remedied, leads to a less controversial and more rigorous elucidation of the transcendental preconditions of human knowledge than has traditionally been possible. -/- The dissertation identifies, perhaps for the first time, a projective variety of self-referential inconsistency, and proposes an innovative, self-reflexive approach to transcendental argument in a logical and phenomenological context. The strength of the approach lies, it is claimed, in the fact that a rejection of the approach is possible only on pain of self-referential inconsistency. The argument is developed in the following stages: -/- A general introduction identifies the central theme of the work, defines the scope of applicability of the results reached, and sketches the direction of the studies that follow. The preliminary discussion culminates in a recognition of the need for a critique of impure reason. -/- The body of the work is divided into two parts: Section I seeks to develop a methodology, on a purely formal basis, which is, on the one hand, capable of being used to study the transcendental foundations of the special sciences, including its own proper transcendental foundation. On the other hand, the methodology proposed is intended as a diagnostic and therapeutic tool for dealing with projective uses of concepts. -/- The approach initiates an analysis of concepts from a perspective which views knowledge as coordination. Section I describes formal structures that possess the status of preconditions in such a coordinative account of knowledge. Special attention is given to the preconditions of identifying reference to logical particulars. The first section attempts, then, to provide a self-referential, transcendental methodology which is essentially revisionary in that it is motivated by a concern for conceptual error-elimination. -/- Phenomenology, considered in its unique capacity as a self-referential, transcendental discipline, is of special relevance to the study. Section II accordingly examines a group of concepts which come into question in connection with the central theme of phenomenological constitution. The "de-projective methodology" developed in Section I is applied to these concepts that have a foundational importance in transcendental phenomenology. A translation is, in effect, proposed from the language of consciousness to a language in which preconditions of referring are investigated. The result achieved is the elimination of self-defeating, projective concepts from a rigorous, phenomenological study of the constitutive foundations of science. -/- The dissertation was presented in a two volume, double-language format for the convenience of French and English researchers. Each volume contains an analytical index. (shrink)

The first part of this paper finds Craver’s (2007) mutual manipulability theory (MM) of constitution inadequate, as it definitionally ties constitution to the feasibility of idealized experiments, which, however, are unrealizable in principle. As an alternative, the second part develops an abductive theory of constitution (NDC), which exploits the fact that phenomena and their constituents are unbreakably coupled via common causes. The best explanation for this common-cause coupling is the existence of an additional dependence relation, viz. constitution. Apart (...) from adequately capturing the essential characteristics of constitution missed by MM, NDC has important ramifications for constitutional discovery—most notably, that there is no experimentum crucis for constitution, not even under ideal discovery circumstances. (shrink)

A RELATIVISTIC THEORY OF PHENOMENOLOCICAL CONSTITUTION: A SELF-REFERENTIAL, TRANSCENDENTAL APPROACH TO CONCEPTUAL PATHOLOGY. (Vol. I: French; Vol. II: English) -/- Steven James Bartlett -/- Doctoral dissertation director: Paul Ricoeur, Université de Paris Other doctoral committee members: Jean Ladrière and Alphonse de Waehlens, Université Catholique de Louvain Defended publically at the Université Catholique de Louvain, January, 1971. -/- Universite de Paris X (France), 1971. 797pp. -/- The principal objective of the work is to construct an analytically precise methodology which can (...) serve to identify, eliminate, and avoid a certain widespread _conceptual fault_ or _misconstruction_, called a "projective misconstruction" or "projection" by the author. It is argued that this variety of error in our thinking (i) infects a great number of our everyday, scientific, and philosophical concepts, claims, and theories, (ii) has largely been undetected, and (iii), when remedied, leads to a less controversial and more rigorous elucidation of the transcendental preconditions of human knowledge than has traditionally been possible. The dissertation identifies, perhaps for the first time, a _projective_ variety of self-referential inconsistency, and proposes an innovative, self-reflexive approach to transcendental argument in a logical and phenomenological context. The strength of the approach lies, it is claimed, in the fact that a rejection of the approach is possible only on pain of self-referential inconsistency. The argument is developed in the following stages: A general introduction identifies the central theme of the work, defines the scope of applicability of the results reached, and sketches the direction of the studies that follow. The preliminary discussion culminates in a recognition of the need for a _critique of impure reason_. The body of the work is divided into two parts: Section I seeks to develop a methodology, on a purely formal basis, which is, on the one hand, capable of being used to study the transcendental foundations of the special sciences, including its own proper transcendental foundation. On the other hand, the methodology proposed is intended as a diagnostic and therapeutic tool for dealing with _projective_ uses of concepts. The approach initiates an analysis of concepts from a perspective which views _knowledge as coordination_. Section I describes formal structures that possess the status of preconditions in such a coordinative account of knowledge. Special attention is given to the preconditions of _identifying reference_ to logical particulars. The first section attempts, then, to provide a self-referential, transcendental methodology which is essentially revisionary in that it is motivated by a concern for conceptual error-elimination. Phenomenology, considered in its unique capacity as a self-referential, transcendental discipline, is of special relevance to the study. Section II accordingly examines a group of concepts which come into question in connection with the central theme of _phenomenological constitution_. The "_de-projective methodology_" developed in Section I is applied to these concepts that have a foundational importance in transcendental phenomenology. A translation is, in effect, proposed from the language of consciousness to a language in which preconditions of referring are investigated. The result achieved is the elimination of self-defeating, projective concepts from a rigorous, phenomenological study of the constitutive foundations of science. The dissertation was presented in a two volume, double-language format for the convenience of French and English researchers. Each volume contains an analytical index. (shrink)

Many ordinary things are made up of material things. For example, the statue of Ferdousi in the University of Tehran is made up of a particular piece of bronze. Calling the relation between the statue of Ferdousi and that piece of bronze material constitution, many philosophers have claimed that this relation between a material thing and the thing that it constitutes is identity. Baker, in contrast, believes that these things have genuine unity without necessary identity. In this article, I first (...) illustrate the principles of Baker’s theory and his explanation of this relation. Then I will assess the theory against objections. I will conclude that this theory can successfully explain relation between many of material things, but concerning things belonging to human beings, the theory fails to introduce a criterion for constitution. (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)

Another paper exploring the relation between Temporal externalism and Epistemicism about Vagueness, but with slightly more emphasis on the role of constitutive norms relating to our concept of truth.

The purpose of this paper is to describe how judges engage in constitutional design, irrespective of legal tradition. I examine in great detail the role of the judge: as a conflict solver, as a member of an institution, as part of the political system and as a human being, for those are factors that intervene in the activities he makes. I later analyze the dynamics that a Constitution can have: the change in their structure conceptualized as interpretation, mutation and (...) resistance and their relation. Interpretation is the determination of the scope of a norm, mutation is the change of meaning without amendment and resistance is a concept that bridges the first two, which is the capacity of the constitutional rule to adapt to the political game and to assume mutations. Finally, these concepts are intertwined in order to show how judges by means of their function, (re)design the Constitution by means of adjudication and policymaking (rule issuance by the stating of precedent). (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)

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)

In this paper, I assess the analysis of vagueness of objects in terms of the theory of constitution with respect to the notion of vague identity. Some proponents of the constitution theory see it as an advantage of their account that analysing the spatial and temporal vagueness of objects in terms of the relation of vague constitution avoids commitment to vague identity, which is seen as a controversial notion. I argue that even though the constitution theory may (...) plausibly be applied to the phenomenon of vague boundaries, it fails to account fully for other cases of spatial and temporal vagueness. There are what I call ‘mid-extension’ vagueness cases, in which the tools of the constitution theory applied in the analysis of boundary vagueness are insufficient to avoid commitment to vague identity. (shrink)

There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of (...) proportionality analysis is a question of the nature of constitutional rights, according to the contingency thesis, it is a question of interpretation. The article defends the necessity thesis. | A previous version of this article was published in Chinese Yearbook of Constitutional Law, Vol. 2010, 221–235. (shrink)

Timothy Williamson famously argued that assertion is constituted either by the knowledge rule or some similar epistemic rule. If true, the proposal has important implications for criticism of assertions. If assertions are analogical to other rule-constituted kinds like games, we can criticize assertions either on external or internal grounds, depending on whether the criticism draws from the necessary norms of assertion or some contingent ones. More recently, authors like Goldberg and MacFarlane have argued against other theories of assertion on the (...) grounds that they cannot explain the possibility of internal criticism for assertions. This paper raises methodological problems with these arguments. The main idea is to show that alternative, non-normative accounts of assertion can also explain the apparent differences in grounds of criticism without assuming that assertion is necessarily governed by some epistemic norm. (shrink)

This paper develops a normative framework for both conceptualizing and assessing various institutional possibilities for democratic modes of constitutional change, with special attention to the recent ferment of constitutional experimentation. The paper’s basic methodological orientation is interdisciplinary, combining research in comparative constitutionalism, political science and normative political philosophy. In particular, it employs a form of normative reconstruction: attempting to glean out of recent institutional innovations the deep political ideals such institutions embody or attempt to realize. Starting from the (...) assumption that contemporary constitutional democracies are attempting to realize the broader ideals of deliberative democratic constitution (ideals outlined briefly in the first section), the paper proposes an evaluative framework, comprised of six criteria, for assessing various mechanisms of constitutional change. It argues that democratic forms of constitutional change embody six distinct ideals—operationalizability, structural independence, democratic co-authorship, political equality, inclusive sensitivity, and reasons-responsiveness—and that these ideals can be used to gauge the normative worth of different mechanisms for carrying out such change. The framework is developed with reference to recent constitutional developments (e.g., in Venezuela, South Africa, Columbia, Bolivia, and Iceland) highlighting distinct criteria and showing how they appear to capture the general direction of institutional innovation. The paper conjectures that the set of six criteria yield the best normative reconstruction of the crucial ideals embodied in the constitutional change mechanisms of contemporary constitutional democracies, and so, ought to be used for purposes of evaluating institutional design proposals. (shrink)

Most moral theories share certain features in common with other theories. They consist of a set of propositions that are universal, general, and hence impartial. The propositions that constitute a typical moral theory are (1) universal, in that they apply to all subjects designated as within their scope. They are (2) general, in that they include no proper names or definite descriptions. They are therefore (3) impartial, in that they accord no special privilege to any particular agent's situation which (...) cannot be justified under (2) and (3). These three features do not distinguish moral theories from other theories, nor indeed from most general categorical propositions we assert. Yet, in recent years, these features of moral theories have been the target of a certain concerted and sustained criticism, namely, that to be committed to such a moral theory, or to aspire to act in accordance with its requirements, results in what has come to be known as moral alienation. Moral alienation, according to this criticism, consists in (i) viewing one's ground projects from an impersonal, "moral point of view" engendered by one's acceptance of the theory; (ii) being prepared to sacrifice these projects to the requirements of moral principle; and (iii) making such a sacrifice specifically and self-consciously in order to conform to these requirements. Moral alienation is said to manifest itself in one (or both) of two ways, depending on the nature of the project thus susceptible to sacrifice. One may be alienated from oneself, if the project consists of tastes, convictions, or aspirations that are centrally definitive of one's self. In this case one's commitment to the project can be at best conditional on its congruence with one's moral theory. It is claimed that this must make for a rather tepid and unenthusiastic commitment indeed. Alternatively, one may be alienated from others, if the project is an interpersonal relationship such as a friendship, marriage, or collegial relationship. In this case one's responses to the other are motivated by one's awareness of what one's moral theory requires. It is claimed that this obstructs a genuine and unmediated emotional response to the other as such. My aim here will be to argue that this very compelling criticism - call it the moral-alienation criticism - is nevertheless misdirected. The real culprit is not any particular moral theory, but rather a certain familiar personality type that may or may not adopt it. (shrink)

Theories of individual well‐being fall into three main categories: hedonism, the desire‐fulfilment theory, and the list theory (which maintains that there are some things that can benefit a person without increasing the person's pleasure or desire‐fulfilment). The paper briefly explains the answers that hedonism and the desire‐fulfilment theory give to the question of whether being virtuous constitutes a benefit to the agent. Most of the paper is about the list theory's answer.

Practices – specific, recurrent types of human action and activity – are perhaps the most fundamental "building blocks" of social reality. This book argues that the detailed empirical study of practices is essential to effective social-scientific inquiry. It develops a philosophical infrastructure for understanding human practices, and argues that practice theory should be the analytical centrepiece of social theory and the philosophy of the social sciences. -/- What would social scientists’ research look like if they took these insights (...) seriously? To answer this question, the book offers an analytical framework to guide empirical research on practices in different times and places. The author explores how practices can be identified, characterised and explained, how they function in concrete contexts and how they might change over time and space. -/- The Constitution of Social Practices lies at the intersection of philosophy, social theory, cultural theory and the social sciences. It is essential reading for scholars in social theory and the philosophy of social science, as well as the broad range of researchers and students across the social sciences and humanities whose work stands to benefit from serious consideration of practices. (shrink)

This discussion note aims to address the two points which Lizza raises regarding my critique of his paper “Defining Death: Beyond Biology,” namely that I mistakenly attribute a Lockean view to his ‘higher brain death’ position and that, with respect to the ‘brain death’ controversy, both the notions of the organism as a whole and somatic integration are unclear and vague. First, it is known from the writings of constitutionalist scholars that the constitution view of human persons, a theory (...) which Lizza also holds, has its roots in John Locke’s thought. Second, contrary to Lizza’s claims, the notions of the organism as a whole and somatic integration are both more than adequately described in the biomedical and biophilosophical literature. (shrink)

Nonreductive physicalism faces serious problems regarding causal exclusion, causal heterogeneity, and the nature of realization. In this paper I advance solutions to each of those problems. The proposed solutions all depend crucially on embracing modal counterpart theory. Hence, the paper’s thesis: counterpart theory saves nonreductive physicalism. I take as my inspiration the view that mental tokens are constituted by physical tokens in the same way statues are constituted by lumps of clay. I break from other philosophers who have (...) pursued this line, however, in that I hold that constitution is identity. Much of the value of the comparison to statues and lumps is that it calls to mind the resources used to defend constitution-as-identity, most notably that of counterpart theory. Along the way, I discuss the virtues of a trope ontology, modal objections to token identity theories, the prospects of conditional analyses of causal powers, the subset account of realization, and the grounding problem. I also endorse a novel, empirical argument in favor of counterpart theory. (shrink)

Moral error theories claim that (i) moral utterances express moral beliefs, that (ii) moral beliefs ascribe moral properties, and that (iii) moral properties are not instantiated. Thus, according to these views, there seems to be conclusive evidence against the truth of our ordinary moral beliefs. Furthermore, many error theorists claim that, even if we accepted moral error theory, we could still in principle keep our first-order moral beliefs. This chapter argues that this last claim makes many popular versions of (...) the moral error theory incompatible with the standard philosophical accounts of beliefs. Functionalism, normative theories of beliefs, representationalism, and interpretationalism all entail that being sensitive to thoughts about evidence is a constitutive feature of beliefs. Given that many moral error theorists deny that moral beliefs have this quality, their views are in a direct conflict with the most popular views about the nature of beliefs. (shrink)

This paper argues that we should replace the common classification of theories of welfare into the categories of hedonism, desire theories, and objective list theories. The tripartite classification is objectionable because it is unduly narrow and it is confusing: it excludes theories of welfare that are worthy of discussion, and it obscures important distinctions. In its place, the paper proposes two independent classifications corresponding to a distinction emphasised by Roger Crisp: a four-category classification of enumerative theories (about which items constitute (...) welfare), and a four-category classification of explanatory theories (about why these items constitute welfare). (shrink)

Recent work in democratic theory has seriously questioned the dominant pluralist model of self-government and recommended the adoption of a ‘deliberative’ conception of constitutional democracy. With this shift in basic political theory, the objection to judicial review, often voiced in jurisprudential theory, as an anti-democratic instance of paternalism merits another look. This paper argues that the significant differences between four recent theories of constitutional review—put forward by Ely, Perry, Dworkin, and Habermas—are best understood as arising (...) from different positions taken on two cross-cutting distinctions that have been inherited from Locke and Rousseau: democratic processes as aggregative versus deliberative, and democratic legitimacy as substantive versus procedural. A reconstruction and critical evaluation of the four theories of judicial review, with special emphasis on their underlying theories of constitutional democracy, yields a set of criteria for adequate accounts of democratic processes, democratic legitimacy, and their relation to judicial review. I argue that the best understanding of constitutional review is yielded by Habermas’s theory because it combines a conception of popular sovereignty in terms of the collective process of citizens’ deliberative attempt to institutionalize the general will through law, with a resolutely proceduralist conception of democratic legitimacy. However, I also argue that some of the specific proposals Habermas makes concerning the institutionalization of constitutional review in an independent, non-accountable judiciary and the scope of duties for such a body need to be modified in the light of his overriding commitments to participatory deliberative processes and procedural legitimacy. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized (...) moral-political reasons on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

Lange argues that some natural phenomena can be explained by appeal to mathematical, rather than natural, facts. In these “distinctively mathematical” explanations, the core explanatory facts are either modally stronger than facts about ordinary causal law or understood to be constitutive of the physical task or arrangement at issue. Craver and Povich argue that Lange’s account of DME fails to exclude certain “reversals”. Lange has replied that his account can avoid these directionality charges. Specifically, Lange argues that in legitimate DMEs, (...) but not in their “reversals,” the empirical fact appealed to in the explanation is “understood to be constitutive of the physical task or arrangement at issue” in the explanandum. I argue that Lange’s reply is unsatisfactory because it leaves the crucial notion of being “understood to be constitutive of the physical task or arrangement” obscure in ways that fail to block “reversals” except by an apparent ad hoc stipulation or by abandoning the reliance on understanding and instead accepting a strong realism about essence. (shrink)

STRESZCZENIE Opracowanie zmierza do udzielenia odpowiedzi na pytanie, czym – z punktu widzenia struktury procesu wykładni i struktury wchodzących w grę wartości konstytucyjnych – różni się ograniczanie wolności i praw w ramach stosowania „zwykłych środków konstytucyjnych”, od ograniczania wolności i praw dopuszczalnego w stanach nadzwyczajnych. Podjęta zostaje problematyka dotyczącą kwestii materialnych, a poza zakresem rozważanych zagadnień pozostają kwestie dotyczące formalnych warunków dopuszczalności ograniczeń, jak publiczne ogłoszenie zagrożenia czy możliwość wprowadzania ograniczeń w aktach podustawowych. Stawiane tezy są polemiczne wobec poglądów, że (...) zawieszenie wolności lub praw jest skrajnym typem ograniczania i następuje wtedy, gdy wolności czy prawa „już nie ma”, lub że zawieszenie zakłada ograniczenie istoty wolności lub prawa. Okazuje się, że można sensownie mówić o zawieszaniu wolności lub praw także wówczas, gdy są one ograniczane w niewielkim tylko stopniu. Ponadto, możliwe jest zawieszanie, które nie prowadzi do ograniczenia istoty wolności lub prawa. Argumentuje się, że istotą zawieszania wolności lub praw w stanach nadzwyczajnych jest zakwestionowanie podstawowego ich przymiotu, jakim jest – uznawana w prawie międzynarodowym – nienaruszalność „całych” poszczególnych praw człowieka, która jest czymś innym od nienaruszalności ich istoty. Przy okazji prowadzona jest refleksja teoretycznoprawna nad zagadnieniem zawieszania wolności lub praw. Zawieszenie okazuje się czymś istotnie różnym od czasowej utraty mocy obowiązującej przepisów dotyczących wolności czy praw. Ich ciągłe obowiązywanie znajduje wyraz, na przykład, w zasadzie proporcjonalności mającej zastosowanie do zawieszanych wolności lub praw. -/- Extraordinary Measures and Restrictions of Constitutional Freedoms and Rights ABSTRACT The study aims to answer the question on the difference between limitation of freedoms and rights in ordinary situations and their suspension (derogation) when extraordinary measures are introduced. This question is considered from the point of view of the structure of the interpretation process and the structure of the constitutional values. Consideration is given to issues relating to material aspects. However, issues relating to formal conditions for the admissibility of restrictions, such as public announcement of a threat or the possibility of introducing restrictions in sub-statutory acts, are not examined. The theses put forward are critical of the view that suspension of freedoms or rights is an extreme type of limitation and a freedom or a right "is no longer there", and of the view that suspension presupposes violation of the essence of freedom or right. It can be argued that it makes sense to talk about the suspension of freedoms or rights also when they are only slightly restricted. Moreover, it is possible to suspend a freedom or a right without violating their essence. It is argued that suspension of freedoms or rights leads to questioning of their basic characteristic that is their inviolability as recognized in international law. However, this inviolability of freedoms or rights is something different from the inviolability of their essence. In terms of the theory of law, the suspension of freedoms or rights turns out to be something significantly different from the temporary loss of the binding force of the respective provisions. Their continued validity is reflected, for example, in the application of the principle of proportionality to the suspended freedoms or rights. (shrink)

In this paper, I offer an analysis of the radical disagreement over the adequacy of string theory. The prominence of string theory despite its notorious lack of empirical support is sometimes explained as a troubling case of science gone awry, driven largely by sociological mechanisms such as groupthink (e.g. Smolin 2006). Others, such as Dawid (2013), explain the controversy by positing a methodological revolution of sorts, according to which string theorists have quietly turned to nonempirical methods of (...) class='Hi'>theory assessment given the technological inability to directly test the theory. The appropriate response, according to Dawid, is to acknowledge this development and widen the canons of acceptable scientific methods. As I’ll argue, however, the current situation in fundamental physics does not require either of these responses. Rather, as I’ll suggest, much of the controversy stems from a failure to properly distinguish the “context of justification” from the “context of pursuit”. Both those who accuse string theorists of betraying the scientific method and those who advocate an enlarged conception of scientific methodology objectionably conflate epistemic justification with judgements of pursuit-worthiness. Once we get clear about this distinction and about the different norms governing the two contexts, the current situation in fundamental physics becomes much less puzzling. After defending this diagnosis of the controversy, I’ll show how the argument patterns that have been posited by Dawid as constituting an emergent methodological revolution in science are better off if reworked as arguments belonging to the context of pursuit. (shrink)

Numerous philosophers allege that the "general theory of second best" (Lipsey and Lancaster, 1956) poses a challenge to the Target View, which asserts that real world reform efforts should aim to establish arrangements that satisfy the constitutive features of ideal just states of affairs. I demonstrate two claims that are relevant in this context. First, I show that the theory of second best fails to present a compelling challenge to the Target View in general. But, second, the (...) class='Hi'>theory of second best requires ideal theorists to undertake certain kinds of causal and comparative analyses that are typically thought to lie beyond the borders of conventional ideal theory. (shrink)

The aim of this paper is to show that a comprehensive account of the role of representations in science should reconsider some neglected theses of the classical philosophy of science proposed in the first decades of the 20th century. More precisely, it is argued that the accounts of Helmholtz and Hertz may be taken as prototypes of representational accounts in which structure preservation plays an essential role. Following Reichenbach, structure-preserving representations provide a useful device for formulating an up-to-date version of (...) a (relativized) Kantian a priori. An essential feature of modern scientific representations is their mathematical character. That is, representations can be conceived as (partially) structure-preserving maps or functions. This observation suggests an interesting but neglected perspective on the history and philosophy of this concept, namely, that structure-preserving representations are closely related to a priori elements of scientific knowledge. Reichenbach’s early theory of a relativized constitutive but non-apodictic a priori component of scientific knowledge provides a further elaboration of Kantian aspects of scientific representation. To cope with the dynamic aspects of the evolution of scientific knowledge, Cassirer proposed a re-interpretation of the concept of representation that conceived of a particular representation as only one phase in a continuous process determined by pragmatic considerations. Pragmatic aspects of representations are further elaborated in the classical account of C.I. Lewis and the more modern of Hasok Chang. (shrink)

What constitutes a “good” life—not necessarily a morally good life, but a life that is good for the person who lived it? In response to this question of “well-being," philosophers have offered three significant answers: A good life is one in which a person can satisfy their desires (“Desire-Satisfaction” or “Preferentism”), one that includes certain good features (“Objectivism”), or one in which pleasurable states dominate or outweigh painful ones (“Hedonism”). To adjudicate among these competing theories, moral philosophers traditionally gather data (...) from thought experiments and intuition. In this chapter, we supplement that traditional approach with a pair of experimental studies that examine whether the three theories reflect laypeople’s intuitions about well-being. The empirical studies yield two primary findings. First, they provide evidence for lay "well-being pluralism": laypeople treat desire satisfaction, positive objective conditions, and happiness as all constitutive of well-being. Second, the studies provide evidence of "hedonic dominance": laypeople evaluate an individual’s happiness as more important to an individual’s overall well-being than desire satisfaction or objective conditions. (shrink)

A constitutive theory of representation must address two challenges. The content determination challenge requires specifying why a particular state has a given content. The job description challenge requires spelling out the explanatory role that representational notions play in that theory. Recently, Nicholas Shea has advanced *varitel semantics* as a hybrid approach to representation to answer those challenges, supplementing teleosemantics with non-historical features –namely, exploitable relations and robustness. In this paper, I critically assess the hybrid theory’s answers to (...) both challenges, arguing that their hybrid nature undermines their merits. In each case, I will show that it is hard to establish how the alleged complementariness of the hybrid account components works. I will conclude that internal problems beset Shea’s theory of representation. (shrink)

This dissertation addresses a debate about the proper relationship between democratic theory and institutions. The debate has been waged between two rival approaches: on the one side is an aggregative and economic theory of democracy, known as constitutional economics, and on the other side is deliberative democracy. The two sides endorse starkly different positions on the issue of what makes a democracy legitimate and stable within an institutional setting. Constitutional economists model political agents in the same (...) way that neoclassical economists model economic agents, that is, as self-regarding, rational maximizers; so that evaluations of democratic legitimacy and stability depend on the extent to which the design of institutional rules and practices maximize individual utility by promoting efficient schemes of collective choice. Deliberative democrats, on the other hand, understand political agents as communicative reason-giving subjects who justify their preferences and positions on issues that jointly affect them in a process of consensus-directed discourse, or deliberation; so that evaluations of democratic legitimacy and order depend on the degree to which institutional norms and practices promote deliberation and draw upon deliberated public judgment. I argue that despite the numerous incompatibilities between constitutional economics and deliberative democracy—which amount to a 'deep divide'—an opportunity to produce a genuine synthesis of the two approaches arises inasmuch as it is possible to overcome several points of opposition in their separate research programmes. The central thesis of the dissertation is that it is possible to construct a bridge spanning the divide between constitutional economists and deliberative democrats, and that Dewey and Bentley's transactional view can facilitate this bridge-building project. Pursuant to this end, the points of opposition between the v research programmes are mediated by way of five concepts which, on balance, favor deliberative democracy and its feasible institutionalization. (shrink)

What is to be learned from the chaotic downfall of the Weimar Republic and the erosion of European liberal statehood in the interwar period vis-a-vis the ongoing European crisis? This book analyses and explains the recurrent emergence of crises in European societies. It asks how previous crises can inform our understanding of the present crisis. The particular perspective advanced is that these crises not only are economic and social crises, but must also be understood as crises of public power, order (...) and authority. In other words, it argues that substantial challenges to the functional and normative setup of democracy and the rule of law were central to the emergence and the unfolding of these crises. The book draws on and adds to the rich ’crises literature’ developed within the critical theory tradition to outline a conceptual framework for understanding what societal crises are. The central idea is that societal crises represent a discrepancy between the unfolding of social processes and the institutional frameworks that have been established to normatively stabilize such processes. The crises at issue emerged in periods characterized by strong social, economic and technological transformations as well as situations of political upheaval. As such, the crises represented moments where the existing functional and normative grid of society, as embodied in notions of public order and authority, were severely challenged and in many instances undermined. Seen in this perspective, the book reconstructs how crises unfolded, how they were experienced, and what kind of responses the specific crises in question provoked. -/- Table of Contents -/- Introduction: European Crises of Public Power: From Weimar until Today, Poul F. Kjaer & Niklas Olsen / Part I: Semantics, Notions and Narratives of Societal Crisis / 1. What Time Frame Makes Sense for Thinking About Crises?, David Runciman / 2. The Stakes of Crises, Janet Roitman / Part II: Weimar and the Interwar Period: Ideologies of Anti-Modernism and Liberalism / 3. The Crisis of Modernity – Modernity as Crisis: Towards a Typology of Crisis Discourses in Interwar East Central Europe and Beyond, Balázs Trencsényi / 4. European Legitimacy Crisis – Weimar and Today: Rational and Theocratic Authority in the Schmitt-Strauss Exchange, John P. McCormick / 5. Crisis and the Consumer: Reconstructions of Liberalism in Twentieth Century Political Thought , Niklas Olsen / Part III: The Causes of Crises: From Corporatism to Governance / 6. The Constitutionalization of Labour Law and the Crisis of National Democracy , Chris Thornhill / 7. The Crisis in Labour Law: From Weimar to Austerity Ruth Dukes / 8. From the Crisis of Corporatism to the Crisis of Governance, Poul F. Kjaer / Part IV: The Euro and the Crisis of Law and Democracy / 9. What is left of the European Economic Constitution II? From Pyrrhic Victory to Cannae Defeat Christian Joerges / 10. Reflections on Europe’s “Rule of Law Crisis”, Jan-Werner Müller. 11. Democracy under Siege: The Decay of Constitutionalisation and the Crisis of Public Law and Public Opinion, Hauke Brunkhorst/ Part V: The Consequences of Crises and the Future of Europe / 12. Crises and Extra-Legality: From Above and From Below, William E. Scheuermann / 13. “We could all go Down the Road of Lebanon” – Crisis Thinking on the Anti-Muslim Far Right, Mikkel Thorup / 14. Conclusions and Perspectives: The Re-Constitution of Europe, Poul F. Kjaer & Niklas Olsen Index . (shrink)

One of the still unsolved problems in liberal anarchism is a definition of social constituency in positive terms. Partially, this had been solved by the advancements of liberal discourse ethics. These approaches, built on praxeology as a universal framework for social formation, are detached from the need of any previous or external authority or rule for the discursive partners. However, the relationship between action, personal identity, and liberty within the process of a community becoming solely generated from the praxeological a (...) priori remains largely disputed. In order to develop a testable constitutional model, this study revises how the “ontological turn” was introduced into liberal theories and redefines the concept of liberty. Liberty is usually understood as a moral goal or measurement for just actions, as the generative principle of all social existence - individual and interpersonal. For this purpose, the function of performative contradiction within the mechanism of interpersonal “encounter”, as part of the co-generative process of the individual becoming and social formation was explored through the production of a game-based narrative historiography grounded on 19th century life writings. This narrative historiography was developed in the context of Swiss history, with a “design-based” research approach, and resulted in a prototype for networked storytelling through which the transformative learning process could be visible and the negotiation of competing individual visions of the future could be re-enacted. (shrink)

According to an influential hypothesis, the speech act of assertion is subject to a single 'constitutive' rule, that takes the form: "One must: assert that p only if p has C". Scholars working on assertion interpret the assumption that this rule is 'constitutive' in different ways. This disagreement, often unacknowledged, threatens the foundations of the philosophical debate on assertion. This paper reviews different interpretations of the claim that assertion is governed by a constitutive rule. It argues that once we understand (...) the full import of assuming that assertion is governed by a constitutive rule, it becomes clear that some fundamental assumptions of the current debate are mistaken, and others unwarranted. (shrink)

This paper will examine the nature of mechanisms and the distinction between the relevant and irrelevant parts involved in a mechanism’s operation. I first consider Craver’s account of this distinction in his book on the nature of mechanisms, and explain some problems. I then offer a novel account of the distinction that appeals to some resources from Mackie’s theory of causation. I end by explaining how this account enables us to better understand what mechanisms are and their various features.

Generating an account that can sidestep the disagreement among substantive theories of well-being, while at the same time still providing useful guidance for well-being public policy, would be a significant achievement. Unfortunately, the various attempts to remain agnostic regarding what constitutes well-being fail to either be an account of well-being, provide useful guidance for well-being policy, or avoid relying on a substantive well-being theory. There are no theory-free lunches in well-being policy. Instead, I propose an intermediate account, according (...) to which well-being is constituted by endorsed veridical experiences. This account refers back to theories of well-being but does so as agnostically as possible. An intermediate account of well-being is meant as a policy guiding compromise between the different theories of well-being that make claims regarding what constitutes well-being. An intermediate account does as well as can be hoped for in providing a basis for well-being policy. (shrink)

Research in multi-agent systems typically assumes a regulative model of social practice. This model starts with agents who are already capable of acting autonomously to further their individual ends. A social practice, according to this view, is a way of achieving coordination between multiple agents by restricting the set of actions available. For example, in a world containing cars but no driving regulations, agents are free to drive on either side of the road. To prevent collisions, we introduce driving regulations, (...) insisting that everyone drives on the left hand side of the road. We accept this limitation on our freedom because it lowers the probability of a collision. -/- This paper describes AI systems that are based on the constitutive view of social practice. According to this alternative view, there are certain actions that are only available to the agent because he is participating in a practice of a certain sort. For example, you can swing a peculiarly shaped piece of wood without participating in any particular practice - but this action will only constitute a strike if you are participating in a game of baseball. I can raise my hand whenever I like, but this only counts as voting for the motion within the institution of voting. But not all the examples are from frivolous, optional or institutional activities. Sellars and Brandom argue that even the fundamental act of assertion is only possible within the context of a particular social practice: the Game of Giving and Asking for Reasons. -/- The constitutive view, which is familiar to philosophers, is relatively unknown within the AI community. -/- The central aim of this paper is to show how the constitutive view of practice can be put to use in AI applications. (shrink)

I defend counterfactual decision theory, which says that you should evaluate an action in terms of which outcomes would likely obtain were you to perform it. Counterfactual decision theory has traditionally been subsumed under causal decision theory as a particular formulation of the latter. This is a mistake. Counterfactual decision theory is importantly different from, and superior to, causal decision theory, properly so called. Causation and counterfactuals come apart in three kinds of cases. In cases (...) of overdetermination, an action can cause a good outcome without the latter counterfactually depending on the former. In cases of constitution, an action can constitute a good outcome rather than causing it. And in cases of determinism, either the laws or the past counterfactually depend on your action, even though your action cannot cause the laws or the past to be different. In each of these cases, it is counterfactual decision theory which gives the right verdict, and for the right reasons. (shrink)

Systematicity theory—developed and articulated by Paul Hoyningen-Huene—and scientific realism constitute separate encompassing and empirical accounts of the nature of science. Standard scientific realism asserts the axiological thesis that science seeks truth and the epistemological thesis that we can justifiably believe our successful theories at least approximate that aim. By contrast, questions pertaining to truth are left “outside” systematicity theory’s “intended scope” ; the scientific realism debate is “simply not” its “focus”. However, given the continued centrality of that debate (...) in the general philosophy of science literature, and given that scientific realists also endeavor to provide an encompassing empirical account of science, I suggest that these two contemporary accounts have much to offer one another. Overlap for launching a discussion of their relations can be found in Nicholas Rescher’s work. Following through on a hint from Rescher, I embrace a non-epistemic, purely axiological scientific realism—what I have called, Socratic scientific realism. And, bracketing the realist’s epistemological thesis, I put forward the axiological tenet of scientific realism as a needed supplement to systematicity theory. There are two broad components to doing this. First, I seek to make clear that axiological realism and systematicity theory accord with one another. Toward that end, after addressing Hoyningen-Huene’s concerns about axiological analysis, I articulate a refined axiological realist meta-hypothesis: it is, in short, that the end toward which scientific inquiry is directed is an increase in a specific subclass of true claims. I then identify a key feature of scientific inquiry, not generally flagged explicitly, that I take to stand as shared terrain for the two empirical meta-hypotheses. And I argue that this feature can be informatively accounted for by my axiological meta-hypothesis. The second broad component goes beyond mere compatibility between the two positions: I argue that, in want of a systematic account of science, we are prompted to find an end toward which scientific inquiry is directed that is deeper than what systematicity theory offers. Specifically, I argue that my refined axiological realist meta-hypothesis is required to both explain and justify key dimensions of systematicity in science. To the quick question, what is it that the scientific enterprise is systematically doing? My quick answer is that it is systematically seeking to increase a particular subclass of true claims. (shrink)

Gricean intentionalists hold that what a speaker says and means by a linguistic utterance is determined by the speaker's communicative intention. On this view, one cannot really say anything without meaning it as well. Conventionalists argue, however, that malapropisms provide powerful counterexamples to this claim. I present two arguments against the conventionalist and sketch a new Gricean theory of speech errors, called the misarticulation theory. On this view, malapropisms are understood as a special case of mispronunciation. I argue (...) that the Gricean theory is supported by empirical work in phonetics and phonology and, also, that conventionalism inevitably fails to do this work justice. I conclude, from this, that the conventionalist fails to show that malapropisms constitute a counterexample to a Gricean theory. (shrink)

I develop and defend a sense-datum theory of perception. My theory follows the spirit of classic sense-datum theories: I argue that what it is to have a perceptual experience is to be acquainted with some sense-data, where sense-data are private particulars that have all the properties they appear to have, that are common to both perception and hallucination, that constitute the phenomenal characters of perceptual experiences, and that may be aptly described as pictures in-side one’s head. But my (...) theory also diverges from conventional sense-datum theories in some key respects: on my view, (1) sense-data are first-person presentations of neural states, (2) the sensational qualities of sense-data differ in kind from the sensible qualities of external objects, and (3) sense-data are the vehicles in virtue of which we perceive, rather than the objects that we perceive. I argue that this package of claims is appropriately labeled ‘sense-datum theory’, and that the resultant view ought to be a live contender in contemporary philosophy of perception. (shrink)

What I want to point out is the “meaning change” that Friedman ascribes to terms and principles, which he calls a priori, in the transition from the old framework to the new: -/- 'This captures the sense, in particular, in which there has indeed been a ”meaning change” in the transition from the old framework to the new: even if the same terms and principles reappear in the new framework they do not have the same meaning they had in the (...) old' (Friedman 2001, p. 99, ft. 37). -/- Following Friedman, we should admit that the same words possess different meanings in different frameworks. In fact, terms and principles that are empirical in an old framework may shift to constitutive status in the new framework, and vice- versa. If Friedman’s account seemed to entrust the prospective rationality of science to constitutive a priori principle, the notion of meaning change suggests instead that Friedman’s argument upholds the Kuhnian account of incommensurability, while we were expecting he aimed to mitigate it. As he clearly states in the passage to follow: -/- 'The later framework is not translatable into the earlier framework, of course, simply because the concepts used in formulating the later framework have not yet come into existence' (Friedman 2001, pp. 98-99). -/- Friedman’s account purports to emphasize that a transition from empirical laws to principles, and vice-versa, should imply a conceptual shift. But is “meaning change” the appropriate expression that may describe such a conceptual shift? What does the word “concept” mean for Friedman? How are concepts related to the meaning of terms? What does the “meaning” mean in Friedman’s view? What is the relation between terms and theories? Does theory change entail a meaning change of scientific terms, that is, do terms determine theory change (i.e. difference in theories is ipso facto difference in terms)? Recently, some specialists (Tsou 2010, for instance) have stressed Friedman’s notion of constitutive a priori principle in light of Putnam’s positive account of apriority. Friedman's and Putnam’s notions of relativized a priori are presented as similar insofar as they both affirm the existence of principles in science, which are revisable and relativized to a particular body of knowledge. However, the similarities do not take into account that Friedman ascribed a meaning change to coordinating principles that are constitutive of the new framework. Could Putnam subscribe such a meaning change? This paper aims to analyse Friedman’s notion of constitutive a priori principle in relation to the problem of meaning change by taking into account Putnam’s theory of meaning and his notion of framework principle. (shrink)

Value dimensions of mature theory change in science are considered. It is argued that the interaction of the values of the cross-theories constitutes the major mechanism of theory change in this dimension. Examples from history of science describing the details of the mechanism are given.

In Cybernetics (1961 Edition), Professor Norbert Wiener noted that “The role of information and the technique of measuring and transmitting information constitute a whole discipline for the engineer, for the neuroscientist, for the psychologist, and for the sociologist”. Sociology aside, the neuroscientists and the psychologists inferred “information transmitted” using the discrete summations from Shannon Information Theory. The present author has since scrutinized the psychologists’ approach in depth, and found it wrong. The neuroscientists’ approach is highly related, but remains unexamined. (...) Neuroscientists quantified “the ability of [physiological sensory] receptors (or other signal-processing elements) to transmit information about stimulus parameters”. Such parameters could vary along a single continuum (e.g., intensity), or along multiple dimensions that altogether provide a Gestalt – such as a face. Here, unprecedented scrutiny is given to how 23 neuroscience papers computed “information transmitted” in terms of stimulus parameters and the evoked neuronal spikes. The computations relied upon Shannon’s “confusion matrix”, which quantifies the fidelity of a “general communication system”. Shannon’s matrix is square, with the same labels for columns and for rows. Nonetheless, neuroscientists labelled the columns by “stimulus category” and the rows by “spike-count category”. The resulting “information transmitted” is spurious, unless the evoked spike-counts are worked backwards to infer the hypothetical evoking stimuli. The latter task is probabilistic and, regardless, requires that the confusion matrix be square. Was it? For these 23 significant papers, the answer is No. (shrink)

The emphasis in contemporary democratic theory and in the history of political thought on the peculiarly abstract theory of popular sovereignty of Locke and his twentieth-century intellectual descendants obscures a crucial relationship between constitutional self-government and nationalism. Through a Hobbesian and Filmerian critique of Locke and an examination of the political writings of George Lawson , the article shows the necessary connections between popular sovereignty, constitutionalism and a form of national consciousness that renders concrete the otherwise abstract (...) and airy notion of the pre-political community to which government is to be held accountable, and, through amyth of national origin, memories of native traditions of self-government, and stories of heroic ancestors who successfully defended those traditions against usurpers and tyrants, gives substance to theories of constitutional government. (shrink)

Despite widespread recognition of an emergent politics of data in our midst, we strikingly lack a political theory of data. We readily acknowledge the presence of data across our political lives, but we often do not know how to conceptualize the politics of all those data points—the forms of power they constitute and the kinds of political subjects they implicate. Recent work in numerous academic disciplines is evidence of the first steps toward a political theory of data. This (...) article maps some limits of this emergent literature with an eye to enriching its theoretical range. The literature on data politics, both within political theory and elsewhere, has thus far focused almost exclusively on the algorithm. This article locates a further dimension of data politics in the work of formatting technology or, more simply, formats. Formats are simultaneously conceptual and technical in the ways they define what can even count as data, and by extension who can count as data and how they can count. A focus on formats is of theoretical value because it provides a bridge between work on the conceptual contours of categories and the technology-centric literature on algorithms that tends to ignore the more conceptual dimensions of data technology. The political insight enabled by format theory is shown in the context of an extended interrogation of the politics of racialized redlining. (shrink)

1. The Bundle Theory I shall discuss is a theory about the nature of substances or concrete particulars, like apples, chairs, atoms, stars and people. The point of the Bundle Theory is to avoid undesirable entities like substrata that allegedly constitute particulars. The version of the Bundle Theory I shall discuss takes particulars to be entirely constituted by the universals they instantiate.' Thus particulars are said to be just bundles of universals. Together with the claim that (...) it is necessary that particulars have constituents, the fundamental claim of the Bundle Theory is: (BT) Necessarily, for every particular x and every entity y, y constitutes x if and only ify is a universal and x instantiates y. 2 The standard and supposedly devastating objection to the Bundle Theory is that it entails or is committed to a false version of the Principle of Identity of Indiscernibles (Armstrong 1978: 91, Loux 1998: 107), namely: (Pll) Necessarily, for all particulars x and y and every universal z, if z is instantiated by x if and only if z is instantiated byy, then x is numerically identical with y. The most famous counterexample to the Identity of Indiscernibles is that put forward by Max Black, consisting of a world where there are only two iron spheres two miles apart from each other, having the same diameter, temperature, colour, shape, size, etc (Black 1952: 156). Let us from now on think of the properties of the spheres in this world as universals. The possibility of this world, which I shall hereafter refer to as 'Black's world', makes (Pll) false.' And according to common philosophical opinion this means that the Bundle Theory is false.. (shrink)

We present a theory of human artistic experience and the neural mechanisms that mediate it. Any theory of art has to ideally have three components. The logic of art: whether there are universal rules or principles; The evolutionary rationale: why did these rules evolve and why do they have the form that they do; What is the brain circuitry involved? Our paper begins with a quest for artistic universals and proposes a list of ‘Eight laws of artistic experience’ (...) -- a set of heuristics that artists either consciously or unconsciously deploy to optimally titillate the visual areas of the brain. One of these principles is a psychological phenomenon called the peak shift effect: If a rat is rewarded for discriminating a rectangle from a square, it will respond even more vigorously to a rectangle that is longer and skinnier that the prototype. We suggest that this principle explains not only caricatures, but many other aspects of art. Example: An evocative sketch of a female nude may be one which selectively accentuates those feminine form-attributes that allow one to discriminate it from a male figure; a Boucher, a Van Gogh, or a Monet may be a caricature in ‘colour space’ rather than form space. Even abstract art may employ ‘supernormal’ stimuli to excite form areas in the brain more strongly than natural stimuli. Second, we suggest that grouping is a very basic principle. The different extrastriate visual areas may have evolved specifically to extract correlations in different domains , and discovering and linking multiple features into unitary clusters -- objects -- is facilitated and reinforced by direct connections from these areas to limbic structures. In general, when object-like entities are partially discerned at any stage in the visual hierarchy, messages are sent back to earlier stages to alert them to certain locations or features in order to look for additional evidence for the object . Finally, given constraints on allocation of attentional resources, art is most appealing if it produces heightened activity in a single dimension rather than redundant activation of multiple modules. This idea may help explain the effectiveness of outline drawings and sketches, the savant syndrome in autists, and the sudden emergence of artistic talent in fronto-temporal dementia. In addition to these three basic principles we propose five others, constituting a total of ‘eight laws of aesthetic experience’. (shrink)

This paper argues that, according to a specific conception of the ideals of constitutional democracy - deliberative democratic constitutionalism - the proper function of constitutional review is to ensure that constitutional procedures are protected and followed in the ordinary democratic production of law, since the ultimate warrant for the legitimacy of democratic decisions can only be that they have been produced according to procedures that warrant the expectation of increased rationality and reasonability. It also contends that three (...) desiderata for the institutionalization of the function of constitutional review follow from this conception: structural independence, democratic sensitivity and the maintenance of legal integrity. Finally, evaluating three broadly different ways of institutionalizing constitutional review - solely in appellate courts, in deliberative constitutional juries of ordinary citizens and in a combined system of constitutional courts and civic constitutional amendment fora - it argues that the third arrangement would perform best at collectively fulfilling the sometimes antithetical desiderata. (shrink)