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)

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

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

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

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

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)

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

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

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

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 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)

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

An adequate understanding of the ubiquitous practice of mechanistic explanation requires an account of what Craver termed “constitutive relevance.” Entities or activities are constitutively relevant to a phenomenon when they are parts of the mechanism responsible for that phenomenon. Craver’s mutual manipulability account extended Woodward’s account of manipulationist counterfactuals to analyze how interlevel experiments establish constitutive relevance. Critics of MM argue that applying Woodward’s account to this philosophical problem conflates causation and constitution, thus rendering the account incoherent. These criticisms, (...) we argue, arise from failing to distinguish the semantic, epistemic, and metaphysical aspects of the problem of constitutive relevance. In distinguishing these aspects of the problem and responding to these critics accordingly, we amend MM into a refined epistemic criterion, the “matched interlevel experiments” account. Further, we explain how this epistemological thesis is grounded in the plausible metaphysical thesis that constitutive relevance is causal betweenness. (shrink)

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

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

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)

In this paper I analyze constitution embodiment, a particular conception of embodiment. Proponents of constitution embodiment claim that the body is a condition of the constitution of entities. Constitution embodiment is popular with phenomenologically-inspired Embodied Cognition, including research projects such as Enactivism and Radical Embodied Cognitive Science. Unfortunately, PEC’s use of constitution embodiment is neither clear nor coherent; in particular, PEC uses the concept of constitution embodiment so that a major inconsistency is entailed. PEC (...) conceives of the body in a transcendental sense as a condition of the constitution of entities, and, in an ontic sense, as a scientifically describable entity. Yet, a condition of the constitution of entities cannot be itself an entity—rather, it is the very condition of the possibility of an entity. This inconsistency entails further problems, among them PEC’s misguided focus on the location of the embodied mind. In order to correct these mistakes, I develop a conception of constitution embodiment based on the work of Heidegger, Husserl and to a lesser degree Merleau-Ponty. This has two purposes. First, it provides the conceptual groundwork to secure the status of PEC as a consistent and coherent research project and to clarify PEC’s conception of the relationship between phenomenology and the sciences. In that spirit, my approach provides further guidelines for fruitful research alliances between PEC and other research programs such as Grounded Cognition and identifies current research alliances, such as those with Radical Enactivism, as undesirable. Second, my account provides an elaborate concept of constitution embodiment that can function as the basis for more sophisticated work in the future. (shrink)

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

The requirements of rationality are fundamental in practical and theoretical philosophy. Nonetheless, there exists no correct account of what constitutes rational requirements. This paper attempts to provide a correct constitutive account of ‘rationality requires’. I argue that rational requirements are grounded in ‘necessary explanations of subjective incoherence’, as I shall put it. Rationality requires of you to X if and only if your rational capacities, in conjunction with the fact that you not-X, explain necessarily why you have a non-maximal degree (...) of subjective coherence. (shrink)

Can the question "Why do what morality requires?" be answered in such a way that anyone regardless of their desires or interests has reason to be moral? One strategy for answering this question appeals to constitutive arguments. In general, constitutive arguments attempt to establish the normativity of rational requirements by pointing out that we are already committed to them insofar as we are believers or agents. This study is concerned with the general prospects for such arguments. It starts by explaining (...) the general constitutive argument strategy, followed by an examination of constitutive arguments that have been given regarding theoretical reason and the instrumental principle in practical reason, and concluding with a discussion of some challenges to constitutive arguments in moral philosophy and some possible responses to these challenges. (shrink)

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

This op-ed examines the philosophical foundation of the debate over the 1972 Constitution of Bangladesh and whether it requires reform or a complete rewrite. Reform would involve specific amendments to address current issues while rewriting would involve a full reconsideration to eliminate authoritarian elements and restore alignment with the democratic ideals of the 1971 Liberation War. This perspective emphasizes the need to return to the roots of the 1971 Proclamation of Independence, issued on April 10, 1971, by the Provisional (...) Government of Bangladesh in Mujibnagar. The proclamation championed the values of equality, human dignity, and social justice. Philosophy provides a framework for evaluating the Constitution’s core principles—nationalism, socialism, democracy, and secularism—and exposes how their misapplication has weakened democracy and marginalized citizens. A complete rewrite grounded in the first principles of equality, human dignity, and social justice could restore the Constitution’s role as both a moral and legal guide. Such an effort would ensure ethical governance and a democratic framework, providing stability and realigning the nation’s governance with its founding ideals. This perspective emphasizes the vital role of philosophy in advancing justice and democracy. (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)

The Christian doctrine of the Trinity poses a serious philosophical problem. On the one hand, it seems to imply that there is exactly one divine being; on the other hand, it seems to imply that there are three. There is another well-known philosophical problem that presents us with a similar sort of tension: the problem of material constitution. We argue in this paper that a relatively neglected solution to the problem of material constitution can be developed into a (...) novel solution to the problem of the Trinity. (shrink)

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

In his thought-provoking book, Why Law Matters, Alon Harel defends two key claims: one ontological, the other axiological. First, he argues that constitutions and judicial review are necessary constituents of a just society. Second, he suggests that these institutions are not only means to the realization of worthy ends, but also non-instrumentally valuable. I agree with Harel that constitutions and judicial review have more than instrumental value, but I am not persuaded by his arguments in support of this conclusion. I (...) argue that Harel’s ontological claim is unsustainable, and that his axiological claim needs revision. Regarding the former, I show that constitutions and judicial review are only contingent constituents of a just society. Regarding the latter, I contest Harel’s specific account of the value of constitutions and judicial review. Harel grounds the non-instrumental value of constitutions in freedom as non-domination but, upon scrutiny, it emerges that their non-instrumental value lies elsewhere. Further, Harel holds that the non-instrumental value of judicial review stems from its embodying a right to a fair hearing. I argue that this right has non-instrumental value only under a particular set of circumstances. I thus conclude, contrary to Harel, that the non-instrumental value of judicial review is contingent on those circumstances obtaining. (shrink)

The rise of populism and its consequences – such as democratic backsliding, the erosion of constitutional principles, and the weakening of the rule of law – are among the most pressing issues facing comparative constitutional scholars today. To address these emerging challenges, the Unconstitutional Constitutional Amendment Doctrine (UCAD) has emerged as the most promising remedy for the “third counterwave of democracy”. However, a fundamental problem with UCAD is how to apply it effectively without undermining constitutional democracy, as it is often (...) criticised and deemed illegitimate from the perspective of democratic principles. (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 received view is that Kant denies all moral luck. But I show how Kant affirms constitutive moral luck in passages concerning radical evil from Religion within the Boundaries of Mere Reason. First, I explicate Kant’s claims about radical evil. It is a morally evil disposition that all human beings have necessarily, at least for the first part of their lives, and for which they are blameworthy. Second, since these properties about radical evil appear to contradict Kant’s even more famous (...) claims about imputation, ‘ought implies can’, and free will, I unpack Henry Allison’s proof of radical evil and show how it is consistent with interpretations of Kant’s broader views about morality. Third, I define and illustrate the category of constitutive moral luck and argue that Kant embraces the existence of constitutive moral luck given Allison-style interpretations of radical evil. This provides a reason for philosophers to reject the received view, and it creates an occasion for Kantians and Kant scholars to check their reasons if they deny moral luck. (shrink)

In looking toward the futures of Europe, the focal point of the legal and governmental aspects of European life has recently become the Treaty Establishing a Constitution of Europe - or just the "Constitution" as it has become colloquially known. That socio-linguistic act of referring to a document as a constitution is a mammoth move. First, it ignores all of the concerns and handwringing around the idea of producing a legal document called a constitution that might (...) immediately be thought of as a sovereign-building document, such as the German constitution of the Irish constitution. Second, it suggests that the people of Europe are in some way similarly situated as together to constitute something. In this article, the author continues a series of reflections on words regarding futures, and takes an extensive look at the use, misuse and power of the word "constitution". (shrink)

After the emergence of a popular resistance movement to direct rule by an absolutist monarchy, and several years of civil war, King Gyanendra of Nepal yielded power to an elected Congress in 2006. Within one year, Nepali citizens saw the signing of a Comprehensive Peace Accord, the establishment of a Constituent Assembly, the declaration of the Nepali state, and the declaration of the Nepali Republic a year after that. An Interim Constitution was adopted by 2007, which endowed the Constituent (...) Assembly with the authority to draft Nepal’s permanent Constitution, and established the limitations under which the Assembly must operate — all apparently legitimate steps in establishing a Constitutional order. What initially appeared to adhere to an established model of post-sovereign constitution-making failed in its first attempt. Indeed, the drafting and ratification of a permanent constitution is no easy task. Why did the first Constituent Assembly fail? Where did the constitution-making process divert from the post-sovereign model, and what caused it? I examine the process from the establishment of Nepal’s first Constituent Assembly to the short-lived deliberations of the Assembly, followed by the dissolution of the Assembly for failing to achieve its mandate. I also trace Nepal’s constitution-making process along the post-sovereign model, and assess whether they adhered to or diverted from the model. It is understood that no political models are fixed in the sense that adherence or divergence is necessarily incompatible with success or failure. However, I use Andrew Arato’s post-sovereign model as a guide for identifying the stages in the constitution-making process, and for a background to the discussion on where the first Assembly failed. (shrink)

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

Since the post-August 5 discourse among public intellectuals has centered around op-eds and commentaries, the buzzwords "reform" and "rewrite" dominate discussions about our Constitution. But how many of us have paused to explore what these terms truly mean? In this commentary, I delve into the ongoing debate about reforming vs. rewriting Bangladesh’s Constitution. My op-ed explores the semantics of these terms and insinuates a bold argument: You don’t need to invoke the “spirit of 2024” to justify rewriting the (...) 1972 Constitution. Instead, the answer lies in returning to the core spirit of Bangladesh’s 1971 Liberation War: equality, human dignity, and social justice. Even substantial reformation may fall short to abolish all elements that contradict the Liberation War. A comprehensive rewrite is the only way to uphold the true spirit of our Liberation War and lay the foundation for a genuinely democratic Bangladesh, free from Hasinocratic authoritarianism. (shrink)

Are materially constituted entities, such as statues and glasses of liquid, something more than their material constituents? The puzzle that frames this paper stems from conflicting answers to this question. At the core of the paper is a distinctive way of thinking about material constitution that posits two concepts of constitution, compositional and ampliative constitution, with the bulk of the discussion devoted to developing distinct analyses for these concepts. Distinguishing these concepts solves our initial puzzle and enriches (...) the space of possibilities for constitution views. (shrink)

In metaphysics, the view that material constitution is transitive is ubiquitous, an assumption expressed by both proponents and critics of constitution views. Likewise, it is typically assumed within the philosophy of mind that physical realization is a transitive relation. In both cases, this assumption of transitivity plays a role in discussion of the broader implications of a metaphysics that invokes either relation. Here I provide reasons for questioning this assumption and the uses to which this appeal to transitivity (...) is put. As my title suggests, I shall focus on the case of material constitution, using a brief discussion of realization at the outset to motivate the discussion of the transitivity of material constitution at the core of the paper. (shrink)

The creation of new institutions and the initiation of new forms of behaviour cannot be explained only on the basis of constitutive rules – they also require a broader commitment of individuals who participate in social practices and, thus, to become members of a community. In this paper, I argue that the received conception of constitutive rules shows a problematic intellectualistic bias that becomes particularly manifest in three assumptions: (i) constitutive rules have a logical form, (ii) constitutive rules have no (...) normative force, and (iii) rules are essentially tied to a sanctioning authority. I discuss these three claims in light of real-life examples. The goal of this discussion is to show that the normative force of constitutive rules is based on the shared commitment of participants who engage in the relevant practices. The inner cohesion and the persistence in time of these practices is possible only because participants continuously calibrate their own forms of behaviour to that of the other members of the community, which underscores the social dimension of constitution. (shrink)

While ideal interventions are acknowledged by many as valuable tools for the analysis of causation, recent discussions have shown that, since there are no ideal interventions on upper-level phenomena that non-reductively supervene on their underlying mechanisms, interventions cannot—contrary to a popular opinion—ground an informative analysis of constitution. This has led some to abandon the project of analyzing constitution in interventionist terms. By contrast, this paper defines the notion of a horizontally surgical intervention, and argues that, when combined with (...) some innocuous metaphysical principles about the relation between upper and lower levels of mechanisms, that notion delivers a sufficient condition for constitution. This, in turn, strengthens the case for an interventionist analysis of constitution. (shrink)

An experimental paradigm that purports to test young children’s understanding of social norms is examined. The paradigm models norms on Searle’s notion of a constitutive rule. The experiments and the reasons provided for their design are discussed. It is argued that the experiments do not provide direct evidence about the development of social norms and that the concepts of a social norm and constitutive rule are distinct. The experimental data are re-interpreted, and suggestions for how to deal with the present (...) criticism are presented that do not require abandoning the paradigm as such. Then the conception of normativity that underlies the experimental paradigm is rejected and an alternative view is put forward. It is argued that normativity emerges from interaction and engagement, and that learning to comply with social norms involves understanding the distinction between their content, enforcement, and acceptance. As opposed to rule-based accounts that picture the development of an understanding of social norms as one-directional and based in enforcement, the present view emphasizes that normativity is situated, reciprocal, and interactive. (shrink)

Duties constitute an integral part of the constitutional scheme of values. The nature and influence of duties is of great interest to practitioners and scholars. The literature on the subject is primarily concerned with the exactness of duties as operational values within constitutions. In general, Bauer and Bolsinger attribute three functions to constitutional values. Namely, they regulate by directing human action at the desired target, enabling legitimation and justification of actions, and simplifying decision-making. While debating whether duties have a functional (...) quality, several questions gain prime importance. To name a few- do constitutional duties enable positive action? Is there a universal binding framework on duties? How are duties related to other constitutional values within constitutions? Are duties within constitutions interpreted in light of international standards? Are there unenumerated or un-written duties? etc. (shrink)

This paper argues for interpreting Nietzsche along the lines of a self-constitution view. According to the self-constitution view, a person is a kind of creation: we constitute our selves throughout our lives. The self-constitution view may take more than one form: on the narrative version, the self is like a story, while on the Kantian version, the self is a set of principles or commitments. Taking Marya Schechtman’s and Christine Korsgaard’s accounts as paradigmatic, I take the self- (...) class='Hi'>constitution view to emphasize practical considerations and the first person point of view and to conceive of the self as active in self-creation. The interpretation I offer can make sense of Nietzsche’s remarks about self-creation and of many of Nietzsche’s remarks about the self that would otherwise seem contradictory. In particular, Nietzsche’s anti-metaphysical remarks about the self fit well with the self-constitution view as long as they are understood as theoretical claims that do not undermine the importance of the practical point of view. (shrink)

Are the sculpture and the mass of gold which permanently makes it up one object or two? In this article, we argue that the monist, who answers ‘one object’, cannot accommodate the asymmetry of material constitution. To say ‘the mass of gold materially constitutes the sculpture, whereas the sculpture does not materially constitute the mass of gold’, the monist must treat ‘materially constitutes’ as an Abelardian predicate, whose denotation is sensitive to the linguistic context in which it appears. We (...) motivate this approach in terms of modal analyses of material constitution, but argue that ultimately it fails. The monist must instead accept a deflationary, symmetrical use of ‘materially constitutes’. We argue that this is a serious cost for her approach. (shrink)

In the opinion of many Slovenian and Croatian scholars, the constitutional and legislative design of citizen-initiated referendums in their respective countries was in many ways flawed. Referendums initiated by citizens have caused, at least from the point of view of governments in these two countries, many unexpected constitutional, political and/or economic problems. Over the years, several unsuccessful constitutional reforms of the institute of referendum have been attempted both in Slovenia and Croatia. In 2013, Slovenia finally attained its ‘constitutional moment’ in (...) which it was possible to reach an almost universal consensus in the National Assembly on constitutionally redesigning the legislative referendum. On the other hand, several attempts by the Croatian Parliament to amend the constitutional provision relating to citizens’ initiatives have come to nothing due to the interests of the major parties in the constitutional amendment process being different. (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)

In his influential book Truth, Paul Horwich deploys a philosophical method focused on linguistic usage, that is, on the function(s) the concept of truth serves in actual discourse. In doing so Horwich eschews abstract metaphysics, arguing that metaphysical or ontological conceptions of truth rest on basic misconceptions. From this description, one might reasonably expect Horwich's book to have drawn inspiration from, or even embodied philosophical pragmatism of some kind. Unfortunately Horwich relies upon Russell's tired caricature of pragmatism about truth (''p' (...) is true if and only if it is useful to believe p' (Ibid., p. 34, p. 47)), and as a result underestimates the challenge it poses to Minimalism. This paper develops a pragmatist critique of minimalism that focuses on the seemingly central, plausibly constitutive role played by the concept of truth in the speech-act of assertion. The critique suggests that Horwich's Minimalism does not and cannot accomplish its stated goal of explaining all of the facts involving truth. Indeed, the kind of thorough-going deflationism sought by Horwich and others (including pragmatist sympathizer Bob Brandom) is incompatible with an adequate account of assertion, and perhaps other concepts (like belief, judgement and inquiry) as well. (shrink)

Recently, some of the leading proponents of the view that there is widespread incommensurability among goods have suggested that the incommensurability of some goods is a constitutive feature of the goods themselves. So, for example, a friendship and a million dollars are incommensurable because it is part of what it is to be a friendship that it be incommensurable with money. According to these ‘constitutive incommensurabilists’ incommensurability follows from the very nature of certain goods. In this paper, I examine this (...) idea and argue that constitutive incommensurabilists have mistaken for constitutive incommensurability a particular emphatic kind of comparability. This examination involves an account of ‘higher’ and ‘lower’ goods and an explanation of how goods of different ‘types’ figure in practical conflict. (shrink)

In this paper I want to introduce and defend what I call the "subject mode account" of collective intentionality. I propose to understand collectives from joint attention dyads over small informal groups of various types to organizations, institutions and political entities such as nation states, in terms of their self-awareness. On the subject mode account, the self-consciousness of such collectives is constitutive for their being. More precisely, their self-representation as subjects of joint theoretical and practical positions towards the world – (...) rather than as objects of such positions – makes them what they are. Members of such collectives represent each other as co-subjects of such positions and thus represent the world from the point of view of the collective. (shrink)

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

In this paper, I present the difficulty in the phenomenology of explaining the constitution of objectivities in consciousness. In the context of phenomenological reduction, constitution has to be understood as unveiling the universal and necessary essences. Recognized by Husserl in Ideas I and named as functional problems, the constitution of objectivities refers at first to individual consciousness, and then to an intersubjective one. In Ideas II, the phenomenologist explains how the constitution of nature, psyche, and spirit (...) occurs. This process begins by assuming three premises: the ontological realism, the regularity of nature, and the transcendental idealism. In this process, the ego, apart from constituting objects (the body, the psyche, and the others), constitutes itself. The objects of material reality are constituted through aesthetic synthesis which unifies singularities and contextualizes the lived experience. The body, as a perceptive organ, perceives the exterior, and the location of the sensory stimulus is the soul. The soul is a real and transcendent object, which is linked to physical things that are constituted in a solipsistic way or intersubjectively. Empathy allows the subject to recognize the consciousness of the alter ego as capable of spontaneous movements and actions, a co-presence sharing the same horizons. Thus, through the theoretical attitude, the physical world is perceived, and through the spiritual attitude the spiritual world is perceived, a living world shared by free intelligent beings. For this, intersubjectivity fulfills a fundamental role, because only in the relationship with the other does the identity of the objects, of the other, and of the self become evident. (shrink)

In her recent book Persons and Bodies1, Lynne Rudder Baker has defended what she calls the constitution view of persons. On this view, persons are constituted by their bodies, where “constitution” is a ubiquitous, general metaphysical relation distinct from more familiar relations, such as identity and part-whole composition.

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)