Intermediary institutions are a multi-facetted phenomenon which has taken many different forms in the course of social evolution. This is also being testified by the evolutionary trajectories from corporatism through neo-corporatism to governance in the European settings from the mid-nineteenth century onwards. Against this background, this chapter seeks to outline the key parameters of a theoretical framework suitable for approaching and analysing intermediary institutions. The chapter pins down five central dimensions of intermediary institutions. This (...) is done under the headings: Context, Function, Evolution, Order, and Compatibility. (shrink)

This book investigates the consecutive shifts between three types of intermediary institutions in the European context: Corporatist, Neo-corporatist and Governance institutions. It develops a new conceptual framework for understanding the function and position of intermediary institutions in society, as well as a vocabulary capable of explaining the causes and consequences of these shifts for politics, economy and society at large. The book is designed to fill a gap in three rather distinct, yet also overlapping bodies (...) of literature: European Political Economy, European Integration and governance studies, and socio-legal studies in the European context. -/- Reviews: - Anne Guisset: Transfer: European Review of Labour and Research, 22, 3, 427-429, 2016. -/- - Ian Bruff, Capital & Class, 40, 3, 555 – 57, 2016. -/- . (shrink)

The purpose of this article is to suggest a theoretical approach to modern democracy and its implicit contradiction between the idea of public sovereignty and the model of political representation. The apparent practical problem arising from this contradiction is the lack of legitimacy in democratically elected officials and parliament in general. The article argues that the issue with democratic representation cannot be explained sociologically, but must include a theoretical analysis of the normative contradiction between the egalitarian principle of sovereignty of (...) the people and the hierarchical model of political representation. -/- The article develops its argument from the conceptual framework laid down in the political theory of Montesquieu. Montesquieu’s thoughts on political regimes offer important insights about modern representative democracy, highlighting the structural relationship between what he called the “nature of democracy” (the rule of the people) and the “generating principle of democracy” (love for equality). Three contemporary interpretations of Montesquieu’s theory (by Fred Dallmayr, Michael Mosher and Sharon Krause) are introduced and critically evaluated. -/- The article concludes that: -/- Representative democracy suffers from a structural tension between the democratic idea of the rule of the people and its practical implementation through the model of representation, which was inherited from predemocratic monarchic regimes. The problem is not sociological but structural. -/- Montesquieu’s theory offers a conceptual framework for analyzing the inner tension of representative democracy between the ideas of egalitarianism and political hierarchy. Contemporary authors suggest different interpretations of Montesquieu’s thought and offer several strategies for the possible improvement of democratic rule, such as (1) redrawing the notion of representation, (2) creating a more empowered civic society and (3) introducing a meritocratic educational system for individuals. Yet, they all miss the original idea posed by the Enlightenment philosopher regarding the balance between the democratic principle (passion for equality) and its natural claim to represent the people with “intermediary institutions” that mitigate the adverse tendencies of the democratic form of government. -/- Philosophical discussions about democratic legitimacy should consider one Montesquieu’s statement that is rarely theoretically acknowledged: that democratic political representation needs non-egalitarian social ideas. This means that democracy must tolerate certain non-democratic social ideas (such as honor) for its own benefit, because they provide the necessary balancing institutions. Such an idea would benefit the ongoing debates about democracy by providing a more structural outlook on the fundamental source of the problem (which is a structural collision of contradictory ideas: “equality” vs. “hierarchy”) than those offered by the sociological strategies of democratization or civic empowerment. (shrink)

Over the last thirty years, once staunchly film history scholars such as Thomas Elsaesser, Jane Gaines, Siegfried Zielinski, André Gaudreault and Benoît Turquety (to name just a few) have abandoned history for historiography and film studies for media archaeology. Considering the heightened attention given to kulturtechnik (Siegert), the database as a dominant symbolic metaphor,1 and the decentered networked tenants of the postmodern global present, cinema is taking on the characteristics of new media, existing in increasingly intertextual space. Thus, the term (...) “post-cinema” has been co-opted as a viable intermediary that accounts for new media conditions, as cinema is no longer emblematic of our cultural climate. It was once presaged in 1992 that “[t]he end of the cinema truly sounds the death knell of the ultimate metaphysical adventure of Dasein. In the twilight of post-cinema, of which we are seeing the beginning, human quasi-existence, now stripped of any metaphysical hypostasis and deprived of any theological model, will have to seek its proper generic consistency elsewhere.” Accordingly, we are no longer “moviegoing animals” who seek images of ourselves among a collective in the dark but, rather, users interfacing within a network of moving images. By locating post-cinema within the semblance of social media, we are allocated a newfound series of theoretical interventions, the most marked of which is that of media archeology vis-à-vis dialectical materialism. This is a lens through which Brian Winston has recently deftly decried Virtual Reality’s “empathy machine” utopic illusionism, bolstered by Chris Milk and a slew of neurohumanities researchers, steadily maintaining that the fundamental myth of “technologies of seeing” is in disguising “their artifice, their cultural formation and their ideological import.” However, this approach, which illuminates the bifurcation between Max Horkheimer/Theodor Adorno and Walter Benjamin, neglects what Benjamin identified as occurring to the work of art in the age of its technological reproducibility—a shift from a technology’s “cult value,” associated with the unique work, to its “exhibition value,” associated with the social act of viewing as part of a mass. Speaking to this divarication, Benjamin Barber, in Strong Democracy, foresaw new media’s two-fold potential—as they are organized and networked, new media and communications technologies possess the possibility to both energize citizen information and political participation but, simultaneously, to supplement the deterioration of public debate. As evinced by Mark Adrejevic’s concept of Infoglut, this two-pronged possibility has only been exacerbated by the interlocking relationship between the advent of a “glut” of information, post-truth politics, the demise of symbolic efficiency, and a renewed focus on the role of affect and emotion as “alternative modalities for thinking about the role of communication in a post-referential era.” Manuel Castells qualifies Barber’s pessimism, noting that the Internet can “be an appropriate platform for informed, interactive politics, stimulating political participation.. […] beyond the closed doors of political institutions,” but that the Internet, like any technology, “is shaped by its uses and users.” Thus, if there exists a positive correlation between exposure to post-cinema media artifacts and political participation, then I seek to explore the revelatory political possibilities of “exhibition value” by way of a particular “post-cinema” case study: the Marxist-Leninist Turkish hacktivist group Redhack’s YouTube-circulated documentary RED! (2013), a project that demanded—by way of the moving-image—to galvanize cyberprotest and democratize a “hacktivist commons. (shrink)

This work aims to study strategies used in Argentine local development experiences, focussing on industrial design, marketing and entrepreneurship. In order to this purpose, backgrounds are analysed with this approach adding the study of three strategic plans for national and provincial-level that are currently in force. With the analysis of the transport system in the last decade, an accelerated cost increase is evident, resulting in a relatively higher price of distributed products. This situation that was initially perceived as a disadvantage (...) finally set up an opportunity to produce locally. The goal of this paper is to provide tools that contribute to the work shipped by key institutions for local development (public, private and intermediary organisations), and the way these interact with the actors and the territory. In particular, the identification of productive sectors and the selection of goods that can be produced and consumed locally, as a key input for the formulation of projects. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

This work aims to study strategies used in Argentine local development experiences, focussing on industrial design, marketing and entrepreneurship. In order to this purpose, backgrounds are analysed with this approach adding the study of three strategic plans for national and provincial-level that are currently in force. With the analysis of the transport system in the last decade, an accelerated cost increase is evident, resulting in a relatively higher price of distributed products. This situation that was initially perceived as a disadvantage (...) finally set up an opportunity to produce locally. The goal of this paper is to provide tools that contribute to the work shipped by key institutions for local development (public, private and intermediary organisations), and the way these interact with the actors and the territory. In particular, the identification of productive sectors and the selection of goods that can be produced and consumed locally, as a key input for the formulation of projects. (shrink)

The sometimes, selective exclusion by the legislation and the financial houses of the host country, force immigrants of African origin to setup stokvels to sustain their businesses and livelihood in South Africa. Aim: To provide the basis for inclusive policy initiatives, this paper investigated the drivers for the formation of business support stokvels by Cameroonians in South Africa. Method: The paper adopted a mix research paradigm with the survey questionnaire and personal interviews as the tools of choice. The purposive sampling (...) technique was implored to reach the 132 respondents. Results: It was apparent that the participants form stokvels to compensate for the lack of access to finance from formal financial intermediaries. The dire need for startup and later expansion capital drove them to form stokvels and even to belong to multiple stokvels as they strive to improve their chances. Beyond this, stokvels provide the platform for the mobilization of savings and the opportunity to run their own bank on their own terms. Implications: while aligned to the Cameroonian community, other minority groups can draw vital lessons. Beyond this, the paper informs the inclusive finance debate and may therefore be relevant to policy makers and academics. (shrink)

The Omnidoxy, solely authored by the philosopher Cometan, is the primary founding treatise of Astronism. Partitioned into twelve disquisitions, each of which are further divided into hundreds of discourses, which are themselves titled by those which are known as rubrals, The Omnidoxy has been codified according to a unique writing structure known as insentence. The Omnidoxy not only forms the foundations of Astronism, but it remains the primary contributor to the wider Astronic philosophical tradition which encompasses the philosophy of Astronism.

In times of climate change and public debt, a concern for intergenerational justice should lead us to have a closer look at theories of intergenerational justice. It should also press us to provide institutional design proposals to change the decision-making world that surrounds us. This book provides an exhaustive overview of the most important institutional proposals as well as a systematic and theoretical discussion of their respective features and advantages. It focuses on institutional proposals aimed at taking the interests of (...) future generations more seriously, and does so from the perspective of applied political philosophy, being explicit about the underlying normative choices and the latest developments in the social sciences. It provides citizens, activists, firms, charities, public authorities, policy-analysts, students, and academics with the body of knowledge necessary to understand what our institutional options are and what they entail if we are concerned about today's excessive short-termism. (shrink)

Institutions can be strong or weak. But what does this mean? Equilibrium theories equate institutions with behavioural regularities. In contrast, rule theories explicate them in terms of a standard that people are supposed to meet. I propose that, when an institution is weak, a discrepancy exists between the regularity and the standard or rule. To capture this discrepancy, I present a hybrid theory, the Rules-and-Equilibria Theory. According to this theory, institutions are rule-governed behavioural regularities. The Rules-and-Equilibria Theory (...) provides the basis for two measures of institutional strength. First, institutions that pertain to coordination games solve problems of information. Their strength is primarily a matter of the expected degree of compliance. Second, institutions that concern mixed-motive games solve problems of motivation. Their strength can be measured in terms of the weight people attribute to its rule. (shrink)

This essay develops a model of democratic representation from the standpoint of epistemic theories of democracy. Such theories justify democracy in terms of its tendency to yield decisions that “track the truth” by integrating asymmetrically dispersed knowledge. From an epistemic point of view, I suggest, democratic representatives are best modeled as epistemic intermediaries who facilitate the vertical integration of knowledge between policy experts and non-experts, and the horizontal integration of knowledge among diverse non-experts. The primary analytical payoff of this model (...) is that it provides a clear rationale for variation in the norms and institutionalization of representative behavior. Sometimes a delegate-like approach is the right one, and sometimes a trustee-like approach is better. The key determinant is the effect of these models on the epistemic quality of outcomes under different circumstances. Towards the end of the essay, I apply the model to the present revival of populism and consider its implications in that context. (shrink)

This paper argues that the concept and role of ‘institutional racism’ in contemporary discussions of race should be reconsidered. It starts by distinguishing between ‘intrinsic institutional racism’, which holds that institutions are racist in virtue of their constitutive features, and ‘extrinsic institutional racism’, which holds that institutions are racist in virtue of their negative effects. It accepts intrinsic institutional racism, but argues that a ‘disparate impact’ conception of extrinsic conception faces a number of objections, the most serious being (...) that it has no plausible account of what it is that makes extrinsically racist institutions racist. It also argues that claims about the explanatory indispensability of institutional racism are overstated (individual racism is at least as important), critiques structural approaches to racial inequality, and suggests that there is reason to doubt whether institutional reform can provide us with all that morality may require in the racial domain. (shrink)

It is conventional wisdom among political philosophers that ideal principles of justice must guide our attempts to design institutions to avert actual injustice. Call this the ideal guidance approach. I argue that this view is misguided— ideal principles of justice are not appropriate "guiding principles" that actual institutions must aim to realize, even if only approximately. Fortunately, the conventional wisdom is also avoidable. In this paper, I develop an alternative approach to institutional design, which I call institutional failure (...) analysis. The basic intuition of this approach is that our moral assessment of institutional proposals is most effective when we proceed from a detailed understanding of the causal processes generating problematic social outcomes. Failure analysis takes the institutional primary design task to be obviating or averting institutional failures. Consequently, failure analysis enables theorists to prescribe more effective solutions to actual injustice because its focuses on understanding the injustice, rather than specifying an ideal of justice. (shrink)

Some of our beliefs are institutional; that is, beliefs whose content is to a large extent shaped by institutions, such as beliefs about intellectual property, trade policy, or traffic rules. In this chapter, we propose a novel account of institutional beliefs, as we call them. In particular, we argue that institutional beliefs are primarily attributable to social entities, such as groups or collectives, and only secondarily to individual agents. This is because institutional beliefs respond to specific problems that, in (...) principle, only collectives face. However, existing methodology in behavioural science primarily relies on eliciting beliefs through individual choice data, which presents challenges for empirically modelling our proposed concept of institutional beliefs. To address this challenge, we propose to speak of institutional beliefs attributable to individual agents as ‘qua beliefs’. That is, institutional beliefs attributable to individual agents acting qua members of certain institutionally shaped groups. Within this framework, individuals’ qua actions occur in a shared realm of problems that can only be addressed through collective efforts. The relationship between individuals and their groups can be rendered tractable under formalised conditions. Under these conditions, choice data collected from individuals need not obstruct the elicitation of institutional beliefs for empirical study at both the collective and the individual level. We refer to these conditions as “IS conditions”, which are developed based on the synthesis between an interpretationist understanding of mental states and standard models of revealed preference theory as used in experimental economics. For an illustration of how this approach can be operationalised experimentally, we direct our readers to chapter 10 of this volume, where an experimental study applied our account of institutional beliefs. (shrink)

When organizations solve collective action problems or realize values, they do so by means of institutions. These are commonly regarded as self-stabilizing. Yet, they can also be subject to endogenous processes of decay, or so we argue. We explain this in terms of psychological and cultural processes, which can change even if the formal structures remain unchanged. One key implication is that the extent to which norms, values, and ideals motivate individuals to comply with institutions is limited.

We attribute knowledge to institutions on a daily basis, saying things like "the government knew about the threat" or "the university did not act upon the knowledge it had about the harassment". Institutions can also attribute knowledge to themselves, like when Maybank Global Banking claims that it offers its customers "deep expertise and vast knowledge" of the Southeast Asia region, or when the United States Geological Survey states that it understands complex natural science phenomena like the probability of (...) earthquakes occurring along a given fault line. This article aims to discover when we can correctly attribute knowledge to an institution. I find this an interesting question, especially because when something does go wrong, all too often the official line of response from institutions is that they were unaware of the situation: in other words, they did not have enough information at their disposal. I will argue that institutions have fewer excuses for being ignorant than individuals do, and that many admissions of institutional knowledge are too modest. I begin by discussing a real-life example of the latter, before turning my attention to the usually fragmented nature of institutional knowledge. I also discuss the robustness of this knowledge, offering a distinction between two types of institutional knowledge. I then discuss knowledge parameters and why institutions have fewer excuses for not knowing about something than individuals do. I round off the chapter by examining institutional knowledge on climate change. (shrink)

Elsewhere we have responded to the so-called demandingness objection to consequentialism – that consequentialism is excessively demanding and is therefore unacceptable as a moral theory – by introducing the theoretical position we call institutional consequentialism. This is a consequentialist view that, however, requires institutional systems, and not individuals, to follow the consequentialist principle. In this paper, we first introduce and explain the theory of institutional consequentialism and the main reasons that support it. In the remainder of the paper, we turn (...) to the global dimension where the first and foremost challenge is to explain how institutional consequentialism can deal with unsolved global problems such as poverty, war and climate change. In response, following the general idea of institutional consequentialism, we draw up three alternative routes: relying on existing national, transnational and supranational institutions; promoting gradual institutional reform; and advocating radical changes to the status quo. We evaluate these routes by describing normatively relevant properties of the existing global institutional system, as well as by showing what institutional consequentialism can say about alternatives to it: a world government; and multi-layered sovereignty/neo-medieval system. (shrink)

In this article, I consider the role of institutions in Jacques Derrida’s political engagement. In spite of Derrida’s significant involvement with political causes throughout his life, his engagements have received little sustained attention, and this is particularly true of his work with institutions. I turn to two such cases, the Collège international de philosophie and the Parlement international des écrivains and argue that these represent an alternative mode of institutionalisation. These institutions seek to destabilise other institutions (...) as well as themselves.Looking closely at the institutions that Derrida founded, we see three common characteristics emerge. These institutions are anti-hegemonic,self-reflexive and international. I then connect these to Derrida’s thought, offering a reading of the undecidable, which brings forth the importance of conventions in the decision. Finally, I demonstrate that the three shared characteristics of Derrida’s institutions form part of an effort to open up space for the possibility of alterity. Through this, and beyond a distinction between theory/practice, we come to see Derrida’s institutional engagements as an active form of critique, both of other institutions and themselves. (shrink)

This article explores the institutionalization process of scientific organizations, with a focus on the case-study of the Laboratório Químico Municipal do Porto (LQMP). Within the context of Institutionalization Theory (IT) and framed by the history of chemistry, the LQMP’s lifecycle is examined to propose a new model for the institutionalization of scientific entities. The article reveals the dynamic interplay between historical developments in chemical science, micro-level scientific practices and macro-level societal changes, offering a comprehensive understanding of how scientific institutions (...) influence public policy and societal norms. Through the lens of IT, the article provides a nuanced exploration of the LQMP’s inception, development, and closure, shedding light on the broader implications of scientific institutionalization. This research addresses a gap in LQMP’s institutional understanding as a historical peripheral landmark in the emergence of science-based legislation. Its findings contribute to the theoretical discourse on the institutionalization of scientific practices, with implications for policy formulation on public health and food regulation. (shrink)

It is widely acknowledged that categories play significant roles in the appreciation of artworks. This paper argues that the correct categories of artworks are institutionally established through social processes. Section 1 examines the candidates for determining correct categories and proposes that this question should shift the focus from category membership to appreciative behaviour associated with categories. Section 2 draws on Francesco Guala’s theory of institutions to show that categories of artworks are established as rules-in-equilibrium. Section 3 reviews the explanatory (...) benefits of this institutional theory of the correct category. [Winner of the 2022 Debates in Aesthetics Essay Prize]. (shrink)

The purpose of this paper was to examine institutional variables and the supervision of security in secondary schools in Cross River State. The study specifically sought to determine whether there was a significant influence of school population, school type and school location, on the supervision of security in public secondary schools in Cross River State. Three null hypotheses were formulated accordingly to guide the study. 360 students and 120 teachers resulting in a total of 480 respondents, constituted the sample for (...) the study. The instrument used for data collection was a questionnaire while Independent t-test was used to analyze data and test the hypotheses at .05 level of significance using Microsoft Excel version 2013. The results of the findings revealed that school population, school type and school location, all have an influence in the supervision of security in public secondary schools of Cross River State. It was also revealed that lowly populated, mixed-gender, and urban public secondary schools were more efficient in the supervision of security than their counterparts such as highly populated, single-gender and rural secondary schools. Based on the findings of this study, conclusions were drawn and recommendations were made. (shrink)

Political legitimacy is best understood as one type of a broader notion, which I call institutional legitimacy. An institution is legitimate in my sense when it has the right to function. The right to function correlates to a duty of non-interference. Understanding legitimacy in this way favorably contrasts with legitimacy understood in the traditional way, as the right to rule correlating to a duty of obedience. It helps unify our discourses of legitimacy across a wider range of practices, especially including (...) the many evaluations we increasingly make of international institutions of various sorts, but also including domestic institutions. (shrink)

The goal of our article is to review the widespread anthropological figure, according to which we can achieve a better understanding of humans by contrasting them with animals. This originally Herderian approach was elaborated by Arnold Gehlen, who characterized humans as “deficient beings” who become complete through culture. According to Gehlen, humans, who are insufficiently equipped by instincts, indirectly stabilize their existence by creating institutions, i.e., complexes of habitual actions. On the other hand, Maurice Merleau-Ponty shows that corporeal relationship (...) to the world is already indirect because it is based on preestablished and readjusted “standards” or “norms” of interaction with the environment. Merleau-Ponty then calls these norms “institutions” and views culture as readjustment of institutions which operate already on the level of corporeal existence. The anthropological figure of confronting humans and animals thus cannot produce, as in Gehlen, a contrast between an allegedly “direct” relationship to the world in animals and a supposedly “indirect” relationship to the world in humans. The Herderian approach can be meaningfully retained only if interpreted as an invitation to confront the norms of indirect interaction with the world in animals and in people, that is, if viewed as a comparison of their respective institutions. (shrink)

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

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

In this Chapter, we address the challenge of explaining institutional change, asking whether the much-criticized rational choice perspective can contribute to the understanding of institutional change in political science. We discuss the methodological reasons why rational choice institutionalism (RCI) often assumes that institutional change is exogenous and discontinuous. We then identify and explore the possible pathways along which RCI can be extended to be more useful in understanding institutional change in political science. Finally, we reflect on what RCI theorizing would (...) look like if it started to take endogenous change seriously: by giving up some of its simplifying assumptions, RCI can be a useful tool for analyzing institutional change, but choosing this path has consequences for the generality of the models in RCI as well as for the style of its theorizing. (shrink)

The paper aims to explain different cases of disobedient institutional behavior using the attitude-based model. The issue of how to analyze and capture the faces of disobedience in a simple model is approached in three steps: first, misbehavior is defined as a certain lack in normative attitudes; second, these attitudes are distinguished in terms of normative acceptance and normative guidance; and third, combinations of these attitudes represent basic types of disobedience: opposing, transgressing and conforming. These three categories constitute an analytical (...) typology of disobedient agents compatible with the theory of social institutions. (shrink)

Students with visual impairments (VI) are among the groups of students needing specialized resources and supports for their school success. Using a scoping review, the institutional support services needed by visually impaired students were examined in this paper. It looked at different strategies for putting these students' institutional support into practice and collated such strategies into levels that can inform inclusive practices in higher institutions of learning. The study followed a PRISMA protocol to present a descriptive analysis of peer-reviewed (...) publications gathered from PubMed, Scopus, Google Scholars, and PsychInfo. Eight peer reviewed papers with a sample of 316 (303 post-secondary school students with VI and 13 teachers) were drawn for the study after eligibility assessment. It was found that post-secondary school students with VI still requires a number of institutional support modalities for their smooth career transition. Institutional support needs were described under the career challenges experienced by students with visual impairments and the needs for institutional support for building on smooth transition from school to career. It was deduced that student with VI still experiences barriers such as inadequately trained teachers, ill-equipped schools to address their needs, financial challenges, public stigma, accessibility, peer-to-peer acceptance and difficulties in learning at the university. The support needed from the institution were found to be those associated with academic support, integration into the social environment, need for institutional structural support services, and career transition intervention support. Practical implications demonstrates that educational institutions play a big part in helping visually impaired students in career transition. These implications can be built into a framework of action for institutional support for students with VI in schools as proposed in this paper. (shrink)

We argue that the notion of "mental institutions"-discussed in recent debates about extended cognition-can help better understand the origin and character of social impairments in autism, and also help illuminate the extent to which some mechanisms of autistic dysfunction extend across both internal and external factors (i.e., they do not just reside within an individual's head). After providing some conceptual background, we discuss the connection between mental institutions and embodied habits of mind. We then discuss the significance of (...) our view for understanding autistic habits of mind and consider why these embodied habits are sometimes a poor fit with neurotypical mental institutions. We conclude by considering how these insights highlight the two-way, extended nature of social impairments in autism, and how this extended picture might assist in constructing more inclusive mental institutions and intervention strategies. (shrink)

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

Allen Buchanan proposes a methodological framework with which theorists may evaluate different theories of secession, including the National Self-Determination theory. An important claim he makes is, because the right to secede is inherently institutional, any adequate theory of secession must include, as an integral part, an analysis of institutional morality. Because the National Self-Determination theory blatantly lacks such an analysis, Buchanan concludes that this theory is inherently flawed. In this paper, I consider Buchanan’s framework and the responses from supporters of (...) national self-determination theory. I try to clarify the confusion shared by both parties. I conclude that, although Buchanan’s theory of institutional morality is sound, his critiques of the national self-determination theory fails. (shrink)

In all probability, future generations will outnumber us by thousands or millions to one. In the aggregate, their interests therefore matter enormously, and anything we can do to steer the future of civilization onto a better trajectory is of tremendous moral importance. This is the guiding thought that defines the philosophy of longtermism. Political science tells us that the practices of most governments are at stark odds with longtermism. But the problems of political short-termism are neither necessary nor inevitable. In (...) principle, the state could serve as a powerful tool for positively shaping the long-term future. In this chapter, we make some suggestions about how to align government incentives with the interests of future generations. First, in Section II, we explain the root causes of political short-termism. Then, in Section III, we propose and defend four institutional reforms that we think would be promising ways to increase the time horizons of governments: 1) government research institutions and archivists; 2) posterity impact assessments; 3) futures assemblies; and 4) legislative houses for future generations. Section IV concludes with five additional reforms that are promising but require further research: to fully resolve the problem of political short-termism we must develop a comprehensive research program on effective longtermist political institutions. (shrink)

Dans cet article, nous offrons un large aperçu des interactions entre cognition, systèmes de croyances et institutions, et comment elles affectent la performance économique. Nous estimons qu'une meilleure compréhension de l’émergence des institutions, de leurs propriétés de fonctionnement et de leurs effets sur les résultats politiques et économiques doit commencer par une analyse des processus cognitifs. Nous explorons la nature de l'apprentissage individuel et collectif, en soulignant que la question n'est pas de savoir si les agents ont une (...) rationalité parfaite ou limitée, mais plutôt de savoir comment les êtres humains raisonnent ou choisissent réellement, individuellement et collectivement. Nous avons ensuite lié les processus d'apprentissage à l'analyse institutionnelle, fournissant des arguments en faveur de ce qui peut être qualifiée d’« institutionnalisme cognitif ». En outre, nous montrons qu’un traitement complet du phénomène de sentier de dépendance devrait commencer au niveau cognitif, se poursuivre au niveau institutionnel, et aboutir au niveau économique. (shrink)

The article provides an overview of the basic concepts and principles of the theory of institutions as well as of the mechanisms of emergence and evolution of social institutions. It introduces a distinction between formal and informal institutions based on the the criterion of the enforcement agency of institutions. Finally it discusses the problem of path dependence.

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

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

Ethics committees like Institutional Review Boards and Research Ethics Committees are typically empowered to approve or reject proposed studies, typically conditional on certain conditions or revisions being met. While some have argued this power should be primarily a function of applying clear, codified requirements, most institutions and legal regimes allow discretion for IRBs to ethically evaluate studies, such as to ensure a favourable risk-benefit ratio, fair subject selection, adequate informed consent, and so forth. As a result, ethics committees typically (...) make moral demands on researchers: require them to act in a way the committee considers ethically right or appropriate. This paper argues that moral demands are legitimate only if publicly justifiable; and as a result, committee decisions are subject to a public justification requirement. Ethics committees can permissibly request for more information, changes to the research protocol or that the research is delayed or even stopped only if these demands are publicly justifiable. This latter claim is in turn justified on the basis that moral demands to φ are permissible only if we are in a position to know that the addressee ought to φ and that we are in a position to know a proposition only if it is publicly justifiable. This argument suggests that ethics committees must consciously and explicitly appeal to public reasons in their decision-making. In cases where public reasons cannot be offered, committees would not be permitted to reject a given study or make approval conditional on an amendment. (shrink)

In this paper, I criticize the thesis that value-laden approaches in American philosophy of science were marginalized in the 1960s through the editorial policy at Philosophy of Science and funding practices at the National Science Foundation. I argue that there is no available evidence of any normative restriction on philosophy of science as a domain of inquiry which excluded research on the relation between science and society. Instead, I claim that the absence of any exemplary, professional philosopher who discussed the (...) relation between science and society sufficed to narrow the focus of philosophers of science, given the institutional stabilization of the domain within professional philosophy from 1959 onwards. (shrink)

Research misconduct remains an important problem in health research despite decades of local, national, regional, and international efforts to eliminate it. The ultimate goal of every health research project, irrespective of setting, is to produce trustworthy findings to address local as well as global health issues. To be able to lead or participate meaningfully in international research collaborations, individual and institutional capacities for research integrity are paramount. Accordingly, this paper concerns itself not only with individuals’ research skills but also with (...) institutional and national policies and governance. Such policies and governance provide an ethical scaffold for the production of knowledge and structure incentives. This paper’s operational definition of research therefore draws from Institute of Medicine’s articulation of health research as an inquiry that aims to produce knowledge about the structure, processes, or effects of personal health services; and from an existing health systems framework. The paper reviews the research regulatory environment and the ethics apparatus in Ghana, and describes a project jointly undertaken by Ghanaian researchers in collaboration with New York University to assess the perceived adequacy of current institutional practices, opportunities, and incentives for promoting RI. (shrink)

Universal social institutions, such as marriage, commons management and property, have emerged independently in radically different cultures. This requires explanation. As Boyer and Petersen point out ‘in a purely localist framework would have to constitute massively improbable coincidences’ . According to Boyer and Petersen, those institutions emerged naturally out of genetically wired behavioural dispositions, such as marriage out of mating strategies and borders out of territorial behaviour. While I agree with Boyer and Petersen that ‘unnatural’ institutions cannot (...) thrive, this one-sided explanation of universal social institutions in terms of genetic human nature is unsatisfactory. Drawing on the literature on multi-level selection and gene-culture coevolution, I argue that universal social institutions are first and foremost the products of cultural selection. They occupy fitness peaks in the landscape of cultural possibilities, much in the same way that biological adaptations occupy fitness peaks in the landscape of biological possibilities. To show this, I use game-theory. By modelling the domains of social interaction in which marriage, commons management, and property emerged as Prisoner’s dilemma situations, it becomes clear how an institutional framework allows the group to move to an interactive equilibrium with a larger payoff. Institutions do so by incentivising all parties to adopt a cooperative strategy. They are culturally selected ways of optimising genetically constrained domains of human social interaction. (shrink)

As a face in the mirror, so the morals of men are easily corrected with an exemplar.As Christopher Janaway observed, “the topic of Schopenhauer as Educator is really education rather than Schopenhauer.”2 Indeed, Nietzsche described it as addressing a “problem of education without equal”.3 This article reconstructs the pedagogical challenge and solution presented by Nietzsche in that text. It is obvious that Schopenhauer’s example is meant to underpin Nietzsche’s new pedagogy; what is less obvious is how exactly that exemplary role (...) is meant to work. I concentrate on three issues: the exact nature of the pupil’s relationship to the exemplar, the institutional context of education, and... (shrink)

In his insightful book, Trust in a Polarized Age, Kevin Vallier (2021) convincingly shows that the legitimacy and sustainability of liberal democratic institutions are dependent upon the maintenance of social and institutional trust. This insight, I believe, has value beyond the illustrious halls of post-Rawlsian, post-Gausian thought. Indeed, while I remain skeptical towards some of the premises of public reason liberalism, I am convinced that any liberal democratic political philosopher who takes the trust literature seriously and who has made (...) their (pragmatic or principled) peace with redistribution has good reasons to sympathize with the general outlines of the institutional palette that emerges out of his book. In this article, I will take for granted Vallier’s assumption that the erosion of social and institutional trust is a serious problem. This motivates investigating the trust-bearing attributes of the redistributive welfare state and the “principle of social insurance” that underpins it. I reconstruct and critically analyse Vallier’s case for a liberal democratic welfare state. I show that he makes a convincing public reason argument for universal social insurance but proceeds too hastily to exclude the principle of unconditionality from consideration. The rest of my paper consists of defending this claim by presenting two kinds of arguments— empirical and theoretical—that I think public reason liberals like Vallier, according to their own commitments, should be motivated to incorporate into their comprehensive discussion of the public justifications for and against basic income. They will show that Universal Basic Income (UBI), although it remains contentious, has some features that could appeal to a diverse citizenry, and thus tilt the balance of public reason judgments towards UBI. (shrink)

Scholars are divided on the relationship between cynicism and political life. In this chapter, I describe and endorse what I call 'institutional cynicism' and suggest it can feature within kinds of virtuous civic stances in democratic societies. I accept that some forms of cynicism can be as destructive and as anti-democratic as critics insist. Institutional cynicism, of the sort I describe, can actually make us better citizens. It turns our attention towards sub-optimal aspects of the political institutions of democratic (...) societies, teaching us things about those institutions we need to know, without necessarily leading us into fatalism or despair. (shrink)

Kok-Chor Tan has recently defended a novel theory of egalitarian distributive justice, institutional luck egalitarianism (ILE). On this theory, it is unjust for institutions to favor some individuals over others based on matters of luck. Tan takes his theory to preserve the intuitive appeal of luck egalitarianism while avoiding what he regards as absurd implications that face other versions of luck egalitarianism. Despite the centrality of the concept of institutional influence to his theory, Tan never spells out precisely what (...) it means for an inequality to be produced by an institution. In this paper, I consider different conceptions of institutional influence that ILE might employ. It appears that however this concept is construed, ILE has serious problems. On some conceptions, the luck egalitarian character of the theory is undermined. On others, the theory gives rise to precisely the sorts of absurd implications facing other versions of luck egalitarianism that Tan takes his theory to avoid. (shrink)

Within the last decade, epistemic injustice has been a valuable framework for those working on exposing oppressive practices within the healthcare system. As this work has evolved, new terminology has been added to the epistemic injustice literature to bring to light previously obscured epistemic harms in healthcare practices. This paper aims to explore an important concept that has not received the attention it deserves: epistemic isolation. By developing Ian Kidd and Havi Carel’s concept of epistemic isolation, a new range of (...) epistemic harms are brought to the fore, as some of the most marginalised in our society are forced to operate from positions of ignorance. In the words of Kidd and Carel, epistemic isolation occurs in ‘situations where a person or group lacks the knowledge of, or means of access to, particular information; for instance, if they live within a politically repressive society which forbids access to the necessary sources of information in order to protect the government’s hegemony’ (183–184). This paper will demonstrate that such epistemic isolation is uniquely devastating for those with psychiatric illness, exacerbating their already challenging circumstances. (shrink)

Calls to recognize a right of return are a recurring feature of refugee crises. Particularly when such crises become long-term, advocates of displaced people insist that they be allowed to return to their country of origin. I argue that this right is best understood as the right of refugees to return, not to a prior territory, but to a prior political status. This status is one that sees not just any state, but a refugee's state of origin, take responsibility for (...) safeguarding their welfare. This entitlement I characterize as an institutional right: a right that presupposes, and is a necessary feature of, a particular institution. The institution of which the right of return is an indispensable part is the international political system that sees authority exercised by sovereign states. The institutional argument for a right of refugee return presupposes two basic factual claims about states: they play a central role in safeguarding rights and they pursue exclusionary policies of border control. Importantly, the institutional view presupposes only that states do perform both functions, not that they are justified in doing so. On a purely normative level, the institutional account assumes little more than the moral equality of human beings. (shrink)

The purpose of this article is to provide an alternative antitrust model to the mainstream model that is used in competition policy. I call it the InstitutionalEvolutionary Antitrust Model. In order to construct an antitrust model one needs both empirical knowledge and considerations of how to adequately deal with norms. The analysis of competition as an evolutionary process that unfolds within legal rules provides the empirical foundation for the model. The development of the normative dimension involves the elaboration of a (...) comparative approach. Building on those foundations the main features of the Institutional-Evolutionary Model are sketched out and it is shown that its use leads to systematically different outcomes and conclusions than the dominant antitrust ideals. (shrink)

This article explores how institutions play a pivotal role in shaping collective knowledge and ignorance concerning the human–animal relationship. It contends that institutions, by obstructing or facilitating the production and dissemination of knowledge, significantly influence societal perceptions of animals, and in turn, our treatment of them. Such epistemic processes lead to speciesist beliefs and behaviour, which I assume to be morally problematic. The discussion centres on the obstruction of collective moral knowledge related to the human–animal relationship. Specifically, my (...) article identifies various ‘corrupting conditions’ within institutions which obstruct agents’ epistemic functioning, and thereby, contribute to collective moral ignorance and consequent speciesist moral wrongdoings, including: (1) Lack of anti-speciesist alternatives or behaviours; (2) derogation of anti-speciesist processes or behaviours; (3) valorization of speciesist processes or behaviour; (4) re-branding of undesirable epistemic processes as commendable; (5) conditions increasing the costs of anti-speciesist inquiry; (6) conditions fostering indifference about animal issues; (7) policies mandating speciesist commitments. The article discusses how these conditions influence epistemic processes in detail. Furthermore, using the production of animal products as a case study, the article illustrates how political institutions, legal institutions, search engines and media, perpetuate moral ignorance regarding animals. It argues that these institutional corrupting conditions normalize speciesism, encouraging the widespread adoption of speciesist beliefs. I conclude that it is necessary to improve institutional epistemic environments to facilitate successful animal advocacy efforts, including widespread moral knowledge about animals and voting support for animal protection policies. The article lays the groundwork for discussing the epistemic responsibilities institutions bear in shaping perceptions of the human–animal relationship. (shrink)

This essay develops a thesis regarding the manner through which social institutions such as property come to be, and a second thesis regarding how such institutions ought to be legitimated. The two theses, outlined below, are in need of explication largely because of the entrenched cultural influence of an erroneous reading of social contract theory concerning the historical origins of the state. In part A, I introduce that error. I proceed in parts B and C to present two (...) central theses about institutions: Thesis 1: The construction of social institutions can be understood clearly only if that topic is distinguished from the topic of their normative status, or legitimacy. Thesis 2: The normative status of such institutions can be understood properly only if their legitimacy is distinguished from the legitimacy of government. With the distinction of Thesis 1 in place, an informative socio-technical account of the construction of institutions can be formulated with little ado. This allows for clarity concerning how institutions might be legitimated (Thesis 2), and consequently, legitimation can proceed. Some fundamentals of legitimation from a Kantian perspective are outlined in Part C. (shrink)