Within contemporary philosophy of perception, it is commonly claimed that flavour experiences are paradigmatic examples of multimodal perceptual experiences. In fact, virtually any sensory system, including vision and audition, is believed to influence how we experience flavours. However, there is a strong intuition, often expressed in these works, that not all of these sensory systems make an equal contribution to the phenomenology of flavour experiences. More specifically, it seems that the activities of some sensory systems are constitutive for flavour (...) perception while others merely influence how we experience flavours. This paper aims to answer the question regarding the constitutive factors of flavour perception in a twofold way. First, a theoretical framework is developed, relying on debates regarding constitutivity in analytic metaphysics and philosophy of science, which defines the stronger and weaker senses in which the activities of sensory systems may be constitutive for flavour perception. Second, relying on empirical results in flavour science, the constitutive status of activities related to distinct sensory systems in the context of flavour perception is investigated. (shrink)

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)

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)

The claim that consciousness constitutively involves self-consciousness has a long philosophical history, and has received renewed support in recent years. My aim in this paper is to argue that this surprisingly enduring idea is misleading at best, and insufficiently supported at worst. I start by offering an elucidatory account of consciousness, and outlining a number of foundational claims that plausibly follow from it. I subsequently distinguish two notions of self-consciousness: consciousness of oneself and consciousness of one’s experience. While “self-consciousness” is (...) often taken to refer to the former notion, the most common variant of the constitutive claim, on which I focus here, targets the latter. This claim can be further interpreted in two ways: on a deflationary reading, it falls within the scope of foundational claims about consciousness, while on an inflationary reading, it points to determinate aspects of phenomenology that are not acknowledged by the foundational claims as being aspects of all conscious mental states. I argue that the deflationary reading of the constitutive claim is plausible, but should be formulated without using a term as polysemous and suggestive as “self-consciousness”; by contrast, the inflationary reading is not adequately supported, and ultimately rests on contentious intuitions about phenomenology. I conclude that we should abandon the idea that self-consciousness is constitutive of consciousness. (shrink)

The central aim of this article is to specify the ontological nature of constitutive mechanistic phenomena. After identifying three criteria of adequacy that any plausible approach to constitutive mechanistic phenomena must satisfy, we present four different suggestions, found in the mechanistic literature, of what mechanistic phenomena might be. We argue that none of these suggestions meets the criteria of adequacy. According to our analysis, constitutive mechanistic phenomena are best understood as what we will call ‘object-involving occurrents’. Furthermore, (...) on the basis of this notion, we will clarify what distinguishes constitutive mechanistic explanations from etiological ones. 1 Introduction 2 Criteria of Adequacy 2.1 Descriptive adequacy 2.2 Constitutive–etiological distinction 2.3 Constitution 3 The Ontological Nature of Constitutive Mechanistic Phenomena 3.1 Phenomena as input–output relations 3.2 Phenomena as end states 3.3 Phenomena as dispositions 3.4 Phenomena as behaviours 4 Phenomena as Object-Involving Occurrents 4.1 What object-involving occurrents are and why we need them 4.2 The object in the phenomenon 4.3 The adequacy of option 5 Conclusion. (shrink)

ABSTRACT: A traditional objection to inferentialism states that not all inferences can be meaning-constitutive and therefore inferentialism has to comprise an analytic-synthetic distinction. As a response, Peregrin argues that meaning is a matter of inferential rules and only the subset of all the valid inferences for which there is a widely shared corrective behaviour corresponds to rules and so determines meaning. Unfortunately, Peregrin does not discuss what counts as “widely shared”. In the paper, I argue for an empirical plausibility (...) of Peregrin’s proposal. The aim of the paper is to show that we can find examples of meaning-constitutive linguistic action, which sustain Peregrin’s response. The idea is supported by examples of meaning modulation. If Peregrin is right, then we should be able to find specific meaning modulations in which a new meaning is publicly available and modulated in such a way that it has a potential to be widely shared. I believe that binding modulations – a specific type of meaning modulations – satisfy this condition. (shrink)

One prominent feature of belief is that a belief cannot be formed at will. This paper argues that the best explanation of this fact is that belief formation is a process that takes aim at the truth. Taking aim at the truth is to be understood as causal responsiveness of the processes constituting belief formation to what facilitates achieving true beliefs. The requirement for this responsiveness precludes the possibility of belief formation responding to intentions in a way that would count (...) as forming a belief at will. (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)

When discussing the extinction of humanity, there does not seem to be any clear agreement about what ‘humanity’ really means. One aim of this paper is to show that it is a more slippery concept than it might at first seem. A second aim is to show the relationship between what constitutes or defines humanity and what gives it value. Often, whether and how we ought to prevent human extinction depends on what we take humanity to mean, which in turn (...) depends on what we value about humans. Finally, I will offer a definition of humanity that I argue offers a plausible account of when we might say humanity has gone extinct, and reflects what we value about humans, and relatedly, what many actually care about in terms of why we should be preserved. (shrink)

Metaethical constitutivists seek to ground normativity in facts about what is constitutive of agency. One strand of constitutivism locates the foundations of normativity in constitutive aims, which are standardly conceived of in teleological terms. I present three challenges that show that the teleological conception of constitutive aims is inadequate for the constitutivist project. I then sketch an alternative conception of constitutive aims in the form of a commitment-based conception. On the commitment-based conception, actions and attitudes constitutively (...) represent their objects as having certain properties, and their constitutive aims are fixed by the accuracy-conditions of these representations. Because such representations constitutively involve a commitment on the part of the agent to the object’s having the relevant property, they generate authoritative norms for the agent. I conclude that, unlike the teleological conception, the commitment-based conception promises to yield a unified constitutivism that delivers authoritative normative standards for both actions and attitudes. (shrink)

This paper considers an argument from Rosenberg (Thinking about Knowing, 2002) that truth is not and cannot be the aim of belief. Here, I reconstruct what I take to be the most well worked out version of this idea tracing back to Rorty and Davidson. In response, I also distinguish two things the truth-aim could be: a goal regulating our executable epistemic conduct and an end which determines the types of evaluation, susceptibility to which is partially constitutive of what (...) a belief is. (shrink)

This article first of all attempts to assess the proposals of 2006–2007 to amend Poland’s Constitution, aimed mostly at strengthening constitutional protection of unborn human life. Parliamentary work on this proposal begins with the submission of the Deputy’s bill on amendment of the Constitution, published in the Sejm Paper No. 993 of September 5, 2006, and ends with a series of votes at the 39th sitting of the Sejm of the fifth term of office, held on April 13, 2007, on (...) which it was decided not to adopt any amendment. In the course of the legislative process, several modifi cation were offered not only to Article 38 concerning protection of life, but also to Article 30 dealing with dignity as a source of rights. Each of these proposals had drawbacks, including inter alia: the lack of a definite period of protection or entitlement to dignity, resulting in the decreased protection in relation to issues concerning euthanasia; the application of new categories granting a specific status to unborn human life; specifying the standards for protection by means of legislative acts ranking lower than a constitution, resulting in the transfer of life protection into the sphere of regulation of ordinary legislation. The most conducive for strengthening of the protection of unborn human life, even if not free of imperfections, was an amendment of Article 30 proposed by the Committee in the following wording: “The inherent and inalienable dignity, conferred on the person from the moment of conception, shall be a source of freedoms and rights of persons and citizens. It shall be inviolable; the respect and protection thereof shall be the obligation of public authorities.” From the rejection of the proposals it is diffi cult to draw conclusions that are vital for interpretation of the existing provisions. However, a conclusion that the intention of the authors of the constitution was not to strengthen the constitutional protection of life is not legitimate, mostly because of their doubts about formal correctness of the proposed amendments (when deciding to reject them), particularly the doubts about legal consequences of their adoption. -/- Streszczenie Zasadniczym celem opracowania jest próba całościowej oceny propozycji nowelizacji Konstytucji RP mającej miejsce w latach 2006-2007, zmierzającej przede wszystkim do wzmocnienia konstytucyjnej ochrony życia człowieka przed narodzeniem. Prace parlamentarne nad analizowaną nowelizacją otwiera poselski projekt ustawy o zmianie Konstytucji zawarty w druku sejmowym 993 z dnia 5 września 2006 (projekt wpłynął do Sejmu 7 września); zamyka seria głosowań na 39 posiedzeniu Sejmu V kadencji, dnia 13 kwietnia 2007 roku; głosowań, które przesądziły o niewprowadzeniu żadnych zmian. W trakcie procesu legislacyjnego proponowano szereg formuł, zmieniających nie tylko art. 38 dotyczący ochrony życia, ale także art. 30, który dotyczy godności jako źródła praw. W zasadzie wszystkie zgłoszone propozycje posiadały wady, wśród których najważniejsze to: brak domknięcia okresu ochrony lub przysługiwania godności, skutkujący obniżeniem ochrony w kwestiach związanych z eutanazją; stosowanie nowych kategorii, prowadzące do nadania specyficznego statusu człowiekowi przed narodzeniem; określanie standardu ochrony za pośrednictwem aktów o randze niższej od konstytucji, prowadzące do przesunięcia ochrony życia przed narodzeniem w sferę ustawodawstwa zwykłego. Z punktu widzenia celu, jakim było wzmocnienie konstytucyjnej ochrony życia człowieka przed narodzeniem i wzmocnienie jego pozycji prawnej, najlepsza, choć nie pozbawiona usterek, była zaproponowana przez Komisję zmiana brzmienia art. 30 prowadząca do formuły: „Źródłem wolności i praw człowieka i obywatela jest przyrodzona i niezbywalna godność człowieka, przynależna mu od chwili poczęcia. Jest ona nienaruszalna, a jej poszanowanie i ochrona jest obowiązkiem władz publicznych.”. Na podstawie odrzucenia propozycji zmian trudno wyciągać wnioski istotne dla interpretacji aktualnie obowiązujących przepisów; wniosek, że ustrojodawca nie chciał wzmocnienia konstytucyjnej ochrony życie nie jest prawomocny, przede wszystkim ze względu na – istotne w procesie podejmowania decyzji o odrzuceniu propozycji zmian – wątpliwości, co do formalnej poprawności formułowanych propozycji, w tym wątpliwości co do konsekwencji prawnych ich przyjęcia. (shrink)

Many philosophers, following Williamson (The Philosophical Review 105(4): 489–523, 1996), Williamson (Knowledge and its Limits, Oxford, Oxford Univer- sity Press, 2000), subscribe to the constitutive rule account of assertion (CRAA). They hold that the activity of asserting is constituted by a single constitutive rule of assertion. However, in recent work, Maitra (in: Brown & Cappelen (ed). Assertion: new philosophical essays, Oxford, Oxford University Press, 2011), Johnson (Acta Analytica 33(1): 51–67, 2018), and Kelp and Simion (Synthese 197(1): 125–137, 2020a), (...) Kelp and Simion (in: Goldberg (ed) The Oxford Handbook of Assertion, Oxford, Oxford University Press, 2020b) aim to show that, for all the most popular versions of the constitutive rule of assertion proposed in the literature, asserting is not an activity constituted by a single constitutive rule and that therefore CRAA is very likely false. To reach this conclusion, they all present a version of what can be dubbed the engagement condition objection. That is, they each propose a necessary condition on engaging in rule-constituted activities. Then they argue that, for all the most popular versions of the constitutive rule of assertion proposed in the literature, one can make assertions without satisfying this condition. In response, I present a counterexample that shows that the proposed engagement conditions lead to coun- terintuitive results, and I propose an alternative that better captures our intuitions. Then I argue that this alternative engagement condition is compatible with all the most popular versions of the constitutive rule of assertion. (shrink)

The foremost aim of this paper is to realize the fourth part of the Aufbau. This part, which provides an actual phenomenalistic constitution system, is interpretable from a Kantian perspective (§§1-4). But Carnap plotted to overcome Kant’s old style of philosophy as well. We review this aspect of his constitution, focusing on space (§§7-13) and time (§§5-6), especially.

Since Husserl, the task of developing an account of intentionality and constitution has been central to the phenomenological enterprise. Some of Merleau-Ponty's descriptions of ‘the flesh’ suggest that he gives up on this task, or, more strongly, that the flesh is in principle incompatible with intentionality or constitution. I show that these remarks, as in Merleau-Ponty's earlier writings, refer to the classical, early Husserlian interpretations of these concepts, and argue that the concept of the flesh can plausibly be understood to (...) advance a refined account of intentionality and constitution. Instead of a first-personal, unidirectional act or embodied motor project, intentionality is a latent openness to things, where the roles of subject and object are reversible. Whereas the view of constitution as meaning-bestowal is untenable, the flesh has a constitutive role, which is supported by a ‘constitutional passivity’ from the subject. On this reading, Merleau-Ponty's later work aims to develop basic tenets of his earlier thought, albeit at a critical distance, an attempt he thought was continuous with the central problems that Husserl claimed a phenomenological philosophy must grapple with, even if Merleau-Ponty's answers to these problems are not Husserl's. (shrink)

"Understanding Scientific Progress constitutes a potentially enormous and revolutionary advancement in philosophy of science. It deserves to be read and studied by everyone with any interest in or connection with physics or the theory of science. Maxwell cites the work of Hume, Kant, J.S. Mill, Ludwig Bolzmann, Pierre Duhem, Einstein, Henri Poincaré, C.S. Peirce, Whitehead, Russell, Carnap, A.J. Ayer, Karl Popper, Thomas Kuhn, Imre Lakatos, Paul Feyerabend, Nelson Goodman, Bas van Fraassen, and numerous others. He lauds Popper for advancing beyond (...) verificationism and Hume’s problem of induction, but faults both Kuhn and Popper for being unable to show that and how their work could lead nearer to the truth." —Dr. LLOYD EBY teaches philosophy at The George Washington University and The Catholic University of America, in Washington, DC "Maxwell's aim-oriented empiricism is in my opinion a very significant contribution to the philosophy of science. I hope that it will be widely discussed and debated." – ALAN SOKAL, Professor of Physics, New York University "Maxwell takes up the philosophical challenge of how natural science makes progress and provides a superb treatment of the problem in terms of the contrast between traditional conceptions and his own scientifically-informed theory—aim-oriented empiricism. This clear and rigorously-argued work deserves the attention of scientists and philosophers alike, especially those who believe that it is the accumulation of knowledge and technology that answers the question."—LEEMON McHENRY, California State University, Northridge "Maxwell has distilled the finest essence of the scientific enterprise. Science is about making the world a better place. Sometimes science loses its way. The future depends on scientists doing the right things for the right reasons. Maxwell's Aim-Oriented Empiricism is a map to put science back on the right track."—TIMOTHY McGETTIGAN, Professor of Sociology, Colorado State University - Pueblo "Maxwell has a great deal to offer with these important ideas, and deserves to be much more widely recognised than he is. Readers with a background in philosophy of science will appreciate the rigour and thoroughness of his argument, while more general readers will find his aim-oriented rationality a promising way forward in terms of a future sustainable and wise social order."—David Lorimer, Paradigm Explorer, 2017/2 "This is a book about the very core problems of the philosophy of science. The idea of replacing Standard Empiricism with Aim-Oriented Empiricism is understood by Maxwell as the key to the solution of these central problems. Maxwell handles his main tool masterfully, producing a fascinating and important reading to his colleagues in the field. However, Nicholas Maxwell is much more than just a philosopher of science. In the closing part of the book he lets the reader know about his deep concern and possible solutions of the biggest problems humanity is facing."—Professor PEETER MŰŰREPP, Tallinn University of Technology, Estonia “For many years, Maxwell has been arguing that fundamental philosophical problems about scientific progress, especially the problem of induction, cannot be solved granted standard empiricism (SE), a doctrine which, he thinks, most scientists and philosophers of science take for granted. A key tenet of SE is that no permanent thesis about the world can be accepted as a part of scientific knowledge independent of evidence. For a number of reasons, Maxwell argues, we need to adopt a rather different conception of science which he calls aim-oriented empiricism (AOE). This holds that we need to construe physics as accepting, as a part of theoretical scientific knowledge, a hierarchy of metaphysical theses about the comprehensibility and knowability of the universe, which become increasingly insubstantial as we go up the hierarchy. In his book “Understanding Scientific Progress: Aim-Oriented Empiricism”, Maxwell gives a concise and excellent illustration of this view and the arguments supporting it… Maxwell’s book is a potentially important contribution to our understanding of scientific progress and philosophy of science more generally. Maybe it is the time for scientists and philosophers to acknowledge that science has to make metaphysical assumptions concerning the knowability and comprehensibility of the universe. Fundamental philosophical problems about scientific progress, which cannot be solved granted SE, may be solved granted AOE.” Professor SHAN GAO, Shanxi University, China . (shrink)

One of biology's fundamental aims is to generate understanding of the living world around—and within—us. In this chapter, I aim to provide a relatively nonpartisan discussion of the nature of explanation in biology, grounded in widely shared philosophical views about scientific explanation. But this discussion also reflects what I think is important for philosophers and biologists alike to appreciate about successful scientific explanations, so some points will be controversial, at least among philosophers. I make three main points: (1) causal relationships (...) and broad patterns have often been granted importance to scientific explanations, and they are in fact both important; (2) some explanations in biology cite the components of or processes in systems that account for the systems’ features, whereas other explanations feature large-scale or structural causes that influence a system; and (3) there can be multiple different explanations of a given biological phenomenon, explanations that respond to different research aims and can thus be compatible with one another even when they may seem to disagree. (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)

(Introduction) The question of heterogeneity does not appear at first glance to be a genuinely phenomenological problem and not even a problem in general. It seems to go without saying that there is “coupling” (Paarung), association, fusion, synthesis or in general any form connection between different data of consciousness, all as it seems obvious (at least from Husserl) that there must be objectities so that we can talk about knowledge and truth. After Kant we got so used to synthetic formations (...) that we hardly think of their possibilities in principle and the problems that these are called upon to resolve. Phenomenology does nothing else but describing the synthetic process, starting with its most elementary (pre-reflective) levels, aiming thus to completely elucidate the constitution of the objectity and, by that, the functioning and the rights of reason. Now, such elucidation does not only involve an approach aimed at the how, but also, the why of this process. In other words, our attention and our theoretical interest must be directed not only towards the course of the constitutive synthesis, but also on what motivates her intrinsically. Questions like "why should he be there in general an objectity? " or "is it principally possible to associate in one form or another data belonging to to the same class or to different classes? ”, questions which are de jure and which therefore refer rather to the legality of the constitution than its more or less contingent functioning, cannot in any way be excluded from the scope of the phenomenological questioning. As much as the epistemological ideal of phenomenological description required above all that it avoid any form of abstraction and idealization, this class of questions is, if not excluded, at least left in shadow. (shrink)

In this short article, my aim is to introduce readers to some debates about religious freedom and constitutional law in the United States. I highlight a few of the enduring questions debated by political philosophers and legal scholars. For example, does the Constitution require special religious exemptions for citizens whose religious convictions put them at odds with otherwise neutral and legitimate state pol- icy? Should the Constitution be interpreted as supporting a strict secularism or a multicultural egalitarian liberal position? What (...) are the limits to religious freedom? To illustrate how these and related questions are debated I consider some recent work on religious freedom jurisprudence in the United States. (shrink)

Deliberation issues in decision, and so might be taken as a paradigmatic volitional activity. Character, on the other hand, may appear pre-volitional: the dispositions that constitute it provide the background against which decisions are made. Bernard Williams offers an intriguing picture of how the two may be connected via the concept of practical necessities, which are at once constitutive of character and deliverances of deliberation. Necessities are thus the glue binding character and the will, allowing us to take responsibility (...) for our characters. Intriguing though the picture may be, it did not receive a thorough elaboration in Williams’s work. My aim here is to work out and defend what I take to be the most valuable aspect of Williams’s view of agency: its model of the way character and the will can jointly determine agency through mutual constitution. However, I argue that Williams’s attempt to use this model to ground his attack on Kantian morality does not succeed, because the primacy Williams accords to character over the will cannot yield the appropriate kind of normative authority, even from the perspective of the agent. I urge that we retain Williams’s model of the interaction between character and the will, modified to allow the will an authority that is not derived from the necessity of character. (shrink)

Discussions concerning the modularity of the pain system have been focused on questions regarding the cognitive penetrability of pain mechanisms. It has been claimed that phenomena such as placebo analgesia demonstrate that the pain system is cognitively penetrated; therefore, it is not encapsulated from central cognition. However, important arguments have been formulated which aim to show that cognitive penetrability does not in fact entail a lack of modularity of the pain system. This paper offers an alternative way to reject the (...) modularity of the pain system, which is independent from, but consistent with, the presence of cognitive penetration. It is proposed that, given the current knowledge regarding the functioning and the structure of the pain system, there are good reasons to accept that certain central cognitive mechanisms are part of the pain system. It is argued that such a ‘cognitive constitution’ of the pain system entails that the pain system is not modular. (shrink)

I defend Fricker’s virtue-theoretic proposals for grappling with epistemic injustice, arguing that her account is both empirically oriented and plausible. I agree with Fricker that an integral component of what we ought to do in the face of pervasive epistemic injustice is working to cultivate epistemic habits that aim to consistently neutralize the effects of such prejudices on their credibility estimates. But Fricker does not claim that her specific proposals constitute the only means through which individuals and institutions should combat (...) epistemic injustice. I therefore build on Fricker’s account by beginning to sketch a fuller picture of the structure of cultivating epistemic virtue. Virtue cultivation must, I argue, occur on two broad but interrelated fronts: first, the direct retraining of more automatic and unreflective patterns of thinking, feeling, and reacting to epistemic social reality, and second, the cultivation of more reflective, metacognitive virtues, such as the ability to swiftly identify contexts in which our first-order epistemic intuitions are likely astray. Although I articulate a range of individual-level obligations, my account is not individualistic. With Fricker, I argue that individual self-transformation is a necessary but not sufficient component of the struggle for epistemic justice. Accordingly, I sketch several ways in which individual virtue cultivation must be a socially and institutionally embedded process. Moreover, I argue that this process is ongoing. While most individuals cannot actually achieve such moral-epistemic ideals, many can (and therefore should try to) get much closer than they already are. (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)

Austin's distinction between locutionary and illocutionary acts has offered a fruitful way of focussing the relation between language and communication. In particular, by adopting the distinction we attend to linguistic and communicative subjects as actors, not just processors or conduits of information. Yet in many attempts to explicate the constitution of illocutionary acts the subject as actor is subsumed within the role of linguistic rules or conventions. I propose an account of illocutionary acts in which rules or conventions are secondary (...) to what I call communicative skills. These skills are taken as the primary component of communicative competence. They are derived from the principle that linguistic communication is not ultimately a linguistic matter, but relates instead to the way a communicator uses language. This principle is found in the work of Donald Davidson, but Davidson has tended to concentrate on semantics, and leaves the details of linguistic communication for pragmatics. The aim of this paper is to defend the general principle and supply some pragmatic details. (shrink)

This paper introduces constitutivism about practical reason, which is the view that we can justify certain normative claims by showing that agents become committed to these claims simply in virtue of acting. According to this view, action has a certain structural feature – a constitutive aim, principle, or standard – that both constitutes events as actions and generates a standard of assessment for action. We can use this standard of assessment to derive normative claims. In short, the authority of (...) certain normative claims arises from the bare fact that we are agents. This essay explains the constitutivst strategy, surveys the extant attempts to generate constitutivist theories, and considers the problems and prospects for the theory. (shrink)

The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning human rights is (...) chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...) theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

The author poses a question: which of the two fundamental, constitutional values – common good or human dignity – can be considered to be the cornerstone, the unifying value in the Constitution of the Republic of Poland from 1997. The paper shows the crucial reasons for accepting each of these values as primary and also presents the underlying relationships between these values . The prominence of a given value for defining the aim of the constitution and the legal order based (...) on it was accepted as the most important aspect for determining the order of primacy. In respect of the direct aims of activities of public authorities and more broadly – of the aims of subjects whose activities are defined by the constitution – the primary value should be common good understood as certain social conditions of life which support human development. It defines the space in which other constitutional values, also human dignity, are integrated. Human dignity, however, the primary value defining human being, gives the reason why human development is a first and autonomous aim of the constitutional order. In this respect dignity has priority before common good. -/- Autor stawia pytanie o to, którą z fundamentalnych wartości konstytucyjnych – dobro wspólne czy godność człowieka – można uznać za wartość pierwszą i stanowiącą podstawę spójności aksjologicznej Konstytucji RP z 2 kwietnia 1997 roku. Wskazane są zasadnicze racje przemawiające za uznaniem każdej z tych wartości za wartość pierwszą i identyfikowane są zasadnicze relacje zachodzące między tymi wartościami. Za aspekt najistotniejszy dla ustalenia pierwszeństwa którejś z tych wartości uznana jest doniosłość danej wartości dla określenia celu konstytucji i opartego na niej porządku prawnego. Z punktu widzenia bezpośredniego celu działań władzy publicznej i szerzej – podmiotów, których działanie wyznaczone jest porządkiem konstytucyjnym, wartością tą jest dobro wspólne wyznaczające przestrzeń, w której integrowane są inne wartości konstytucyjne, z godnością włącznie. Dobro wspólne jest celem porządku konstytucyjnego ze względu na godność człowieka, która czyni jego rozwój pierwszym i szczególnym – autotelicznym dobrem. W tej perspektywie godność ma pierwszeństwo przed dobrem wspólnym. (shrink)

The aim is to examine the performative acts and gender constitution in the context of the Second British Invasion. Despite the pervasive character of patriarchy and the prevalence of sexual difference as an operative cultural distinction, gender was not passively scripted on the bodies of many British singers. The subversive performances did not exclude suffering and marginalization but simultaneously undermined compulsory coherence.

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)

The aim of this paper is to show how PH II constitutes an original, ambitious, and unified skeptical inquiry into logic. My thesis is that Sextus’s argument in Book II is meant to accomplish both its stated goal (to investigate the topics typically grouped together by dogmatists under the heading of “logic”) and an unstated goal. The unstated goal is, in my view, interesting in itself and sheds new light on Sextus’s methodology. The goal is: to suspend judgement on the (...) effectiveness of dogmatic methodologies. (shrink)

The aim is to examine the performative acts and gender constitution in the context of the Second British Invasion. Despite the pervasive character of patriarchy and the prevalence of sexual difference as an operative cultural distinction, gender was not passively scripted on the bodies of many British singers. The subversive performances did not exclude suffering and marginalization but simultaneously undermined compulsory coherence.

In this chapter we argue that some beliefs present a problem for the truth-aim teleological account of belief, according to which it is constitutive of belief that it is aimed at truth. We draw on empirical literature which shows that subjects form beliefs about the real world when they read fictional narratives, even when those narratives are presented as fiction, and subjects are warned that the narratives may contain falsehoods. We consider Nishi Shah’s teleologist’s dilemma and a response to (...) it from Asbjørn Steglich-Petersen which appeals to weak truth regulation as a feature common to all belief. We argue that beliefs from fiction indicate that there is not a basic level of truth regulation common to all beliefs, and thus the teleologist’s dilemma remains. We consider two objections to our argument. First, that the attitudes gained through reading fiction are not beliefs, and thus teleologists are not required to account for them in their theory. We respond to this concern by defending a doxastic account of the attitudes gained from fiction. Second, that these beliefs are in fact appropriately truth-aimed, insofar as readers form beliefs upon what they take to be author testimony. We respond to this concern by suggesting that the conditions under which one can form justified beliefs upon testimony are not met in the cases we discuss. Lastly, we gesture towards a teleological account grounded in biological function, which is not vulnerable to our argument. We conclude that beliefs from fiction present a problem for the truth-aim teleological account of belief. (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)

This paper aims to study the configuration of a constitutional procedural status for consumers in the European Court ofJustice case law. Although we can see Consumer Protection primary asan instrument to develop the EU interna! market, it is also a relevant instrument to define the Individual Economic Status of EU citizens and residents as equality players in the EU market. Firstly, we will point out our motivation and objectives of the paper. After that we will explain our methodology, and we (...) will study the EU regulation bases and the concept of consume. Finally, we will analyse the relevant case law which developed the EU constitutional procedural status for EU consumers. (shrink)

Much of the debate about post-secularism has presumed a background of Western countries and the sort of statutory law that legislatures should make, and how they should make it, in the light of residents’ religious attitudes and practices. In this chapter I address a fresh context, namely, that of South Africa and the way that courts have interpreted, and should interpret, law in the face of African traditional religions. Specifically, I explicate the fact that, by South Africa's famously progressive Constitution, (...) religious customs already count as law, and I illustrate how such customary law could work with three court cases related to indigenous African spirituality. Then, I lay out and evaluate the two central arguments that jurists have made in favour of South Africa's Constitutional practice of deeming long-standing religious ways of life to be sources of law. I contend that these influential arguments for customary law, which are substantially individualist, are weak, and also sketch more promising rationales, which invoke more communitarian considerations. My aim is not so much to convince the reader that South Africa’s approach to post-secularism is justified as to identify some argumentative strategies that particularly promise to justify it. (shrink)

The study aims at making explicit the three spheres or planes, essential from the point of view of semiotics, on which the discourse regarding dignity takes place, and at clarifying the relations between these planes. The analysis uses the conception of Kazimierz Ajdukiewicz. There are three principal areas in which the discourse on dignity is conducted – the plane of linguistic expressions on which the name “dignity” is used; the plane of meanings on which the notion of dignity is placed; (...) and the plane of objects on which there is dignity itself. There is a relationship of meaning between the different concepts of dignity and the expression “dignity”, a relationship of signification between expression “dignity” and dignity as its referent, and a relationship of apprehension between the concepts of dignity and their referents. (shrink)

Thom Brooks criticizes utilitarian and retributive theories of punishment but argues that utilitarian and retributive goals can be incorporated into a coherent and unified theory of punitive restoration, according to which punishment is a means of reintegrating criminals into society and restoring rights. I point to some difficulties with Brooks’ criticisms of retributive and utilitarian theories, and argue that his theory of punitive restoration is not unified or coherent. I argue further that a theory attempting to capture the complex set (...) of rules and behaviors that constitute the practice of legal punishment cannot persuasively be unified and coherent: legitimate features of the practice advance goals and promote values that in some cases conflict. (shrink)

In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out of (...) it a certain conception of reconciliation that I advance as a strong candidate for being the proper final end of a criminal trial. I argue that, far from requiring forgiveness, seeking reconciliation can provide strong reason to punish offenders. Specifically, a reconciliatory sentence is one that roughly has offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster cooperation and mutual aid. I argue that this novel account of punishment is a prima facie attractive alternative to more familiar retributive and deterrence rationales, and that it entails that widespread practices such as imprisonment and mandatory minimum sentences are unjust. (shrink)

We naturally see ourselves as capable of being active with respect to the matter of what we believe – as capable of epistemic agency. A natural view is that we can exercise such agency by engaging in reasoning. Sceptics contend that such a view cannot be maintained in light of the fact that reasoning involves judgements, which are not decided upon or the products of prior intentions. In response, I argue that reasoning in fact can amount to epistemic agency in (...) virtue of its being aim-directed in a way that cannot be reconciled with the sceptics' conception of it. (shrink)

Global law settings are characterized by a structural pre-eminence of connectivity norms, a type of norm which differs from coherency or possibility norms. The centrality of connectivity norms emerges from the function of global law, which is to increase the probability of transfers of condensed social components, such as economic capital and products, religious doctrines, and scientific knowledge, from one legally structured context to another within world society. This was the case from colonialism and colonial law to contemporary global supply (...) chains and human rights. Both colonial law and human rights can be understood as serving a constitutionalizing function aimed at stabiliz- ing and facilitating connectivity. This allows for an understanding of colonialism and contemporary global governance as functional, but not as normative, equivalents. (shrink)

In this work, touched on some social issues whatever the result, and a raising awareness was aimed by some new technological upgrades for the vital infrastructures of states, social order and economic plans. The main aim is one world order which has no king and accepts nations as local governance as a requirement of hierarchical order. It is completely based on economic benefits of all nations as there is no alternative to establish a healthy economic order as economic management is (...) directly related with laws. As the important is a law exists or not, or is just or not for justice, also it encourages to develop organic laws in state institutions as it recognizes any state institution as autonomous. No state has this constitution. This work is only an offer. (shrink)

In this paper we concur with Alfred North Whitehead that education with inert ideas is harmful and useless to the student and the society at large. Inert ideas constitute dead knowledge, that is, knowledge that does not relate to one’s day-to-day experiences nor to knowledge gained from other disciplines. Knowledge acquired by students should have an impact on their lived existential situatedness and it should have a link or correlation with knowledge gained from other disciplines. How do we avoid inert (...) ideas in education? Whitehead admonishes us to keep knowledge alive. This, to him, is the central problem of education. We argue in this paper that in an age dominated by fake news, alternative facts and deep fakes, critical thinking and self-examination are no longer options in the process of education. Thus, the traditional banking system of education is outmoded and should be replaced by the cultivation of critical thinking skills in the child. To do this we must take seriously Whitehead’s two commandments of education; the rhythm of education which implies giving the child knowledge appropriate to their age; and the trilogy of freedom-discipline-freedom. (shrink)

(draft; call for comments) The normative judgements are grounded in intrinsic features of believing or intending and surely they are an irremovable element in constitutive aims of believing or intending. Many philosophers have claimed that the intentional is normative (this claim is the analogue, within the philosophy of mind, of the claim that is often made within the philosophy of language, that meaning is normative). The normative judgements are grounded in intrinsic features of the intentional states of the human (...) mind. Our intentional states are always correlated with our dispositions; when I refer to our ?dispositions? here, I do not mean to focus exclusively on our behavioural dispositions; I mean to include our mental dispositions as well, such as our dispositions to revise our beliefs and intentions in response to various conditions. We can hold that the normative nature of our judgement is intrinsic with our rational dispositions: the rational dispositions of our mind have essential normative properties, even if we must not identify mental properties with their normative role in mental activity.In this contest I deal with the concepts of factual ultimate aim and normative ultimate aim. (shrink)

Constitutivists seek to locate the metaphysical foundations of ethics in nonnormative facts about what is constitutive of agency. For most constitutivists, this involves grounding authoritative norms in the teleological structure of agency. Despite a recent surge in interest, the philosophical move at the heart of this sort of constitutivism remains underdeveloped. Some constitutivists—Foot, Thomson, and Korsgaard (at least in her recent *Self-Constitution*)—adopt a broadly Aristotelian approach. They claim that the functional nature of agency grounds normative judgments about agents in (...) much the same way that the functional natures of artifacts and bodily organs ground normative judgments about those kinds of things. I argue that the neo-Aristotelian conclusions about goodness which follow so straightforwardly from teleological premises are not genuinely normative. Functions are not by their very nature normatively significant. Other constitutivists—notably J. David Velleman and Paul Katsafanas—eschew Aristotelian talk of functions in favor of an approach based on the idea that agency has a constitutive aim. Velleman and Katsafanas both claim that aims are normatively significant. I argue that the fact that agency has a constitutive aim is merely a fact about the motives that produce and regulate actions. And so we are still left with a gap between the teleological and the normative. I conclude by suggesting that constitutivists have failed to find a way to bridge this gap not because none exists, but rather because they have been looking in the wrong place. The constitutivist project can be salvaged, but only if it is supplemented with a reductive metanormative account of reasons for action, an account that links reasons to sound or successful practical reasoning. (shrink)

According to McHugh and Way reasoning is a person-level attitude revision that is regulated by its constitutive aim of getting fitting attitudes. They claim that this account offers an explanation of what is wrong with reasoning in ways one believes to be bad and that this explanation is an alternative to an explanation that appeals to the so-called Taking Condition. I argue that their explanation is unsatisfying.

Contemporary forms of Kantian constitutivism generally begin with a conception of agency on which the constitutive aim of agency is some form of autonomy or self-unification. This chapter argues for a re-orientation of the Kantian constitutivist project towards views that begin with a conception of rationality on which both theoretical and practical rationality aim at forms of understanding. In a slogan, then, understanding-first as opposed to autonomy-first constitutivism. Such a view gives the constitutivist new resources for explaining many classes (...) of reasons, while also offering a new way of understanding the unity of theoretical and practical reason. The chapter concludes by arguing that the resulting view is best understood, not so much as an alternative to autonomy-first constitutivism, but as a complement to it. (shrink)

Why is unpleasant pain bad for us? Evidently because of how it feels. This bit of commonsense is a challenge for well-being perfectionism, since pain doesn’t look anything like failure to fulfill human nature. Here, I sketch a new version of perfectionism that avoids this problem. To explain what is basically good for us, it appeals to the capacities whose functioning defines who we are, or our subjective nature, instead of human nature. I argue that these capacities have a telic (...) structure, so that practical reason, for example, constitutively aims at competently realizing valuable ends that are in harmony. According to telic perfectionism, we do well when such formal aims are realized and badly when they’re frustrated. Crucially, our subjective nature is defined not only by how we reason but also by how we feel. And valenced experience, too, has built-in directionality, according to the most plausible views about the nature of pleasure and pain. The phenomenal character of unpleasant pain is inseparable from its setting for us the end of eliminating itself. As long as we are in pain, then, the formal aim of our self-defining capacity for valenced experience is frustrated. For telic perfectionism, unpleasant pain is thus robustly bad for us, and the explanation of its badness makes essential reference to how it feels. (shrink)

The aim of this paper is to propose a systematic classification of emotions which can also characterize their nature. The first challenge we address is the submission of clear criteria for a theory of emotions that determine which mental phenomena are emotions and which are not. We suggest that emotions as a subclass of mental states are determined by their functional roles. The second and main challenge is the presentation of a classification and theory of emotions that can account for (...) all existing varieties. We argue that we must classify emotions according to four developmental stages: 1. pre-emotions as unfocussed expressive emotion states, 2. basic emotions, 3. primary cognitive emotions, and 4. secondary cognitive emotions. We suggest four types of basic emotions (fear, anger, joy and sadness) which are systematically differentiated into a diversity of more complex emotions during emotional development. The classification distinguishes between basic and non-basic emotions and our multi-factorial account considers cognitive, experiential, physiological and behavioral parameters as relevant for constituting an emotion. However, each emotion type is constituted by a typical pattern according to which some features may be more significant than others. Emotions differ strongly where these patterns of features are concerned, while their essential functional roles are the same. We argue that emotions form a unified ontological category that is coherent and can be well defined by their characteristic functional roles. Our account of emotions is supported by data from developmental psychology, neurobiology, evolutionary biology and sociology. (shrink)