Debates surrounding the nature of mental disorder have tended to divide into an objectivist camp that takes psychiatric classification to be a value-free scientific matter, and a normativist camp that takes it to be irreducibly values-based. Here we present an overlooked distinction between status and constitution. Questions of the form “What is x?” are ambiguous between status questions (“What gives something the status of an x?”), and constitution questions (“Given that something has the status of an x, what is it (...) made of?”). We elucidate this distinction in detail, and argue that normativism is uniquely well-placed to answer status questions while objectivism provides answers, where they are available, to constitution questions. (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)

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)

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)

Throughout its history the European integration process has not undermined but rather strengthened the autonomy of Member States vis-à-vis wider societal interests in relation to political economy, labour markets and social provisions. Both the ‘golden age nation state’ of the 1960s as well as the considerable transformations of Member State political economies over the past decades, and especially after the euro-crisis, was to a considerable degree orchestrated through transnational, most notably European, arrangements. In both cases the primary objective has been (...) to strengthened state capacities of public power and law against the encroachment of private interests into the state. In spite of this continuity considerable changes can however be observed in the substantial economic policies advanced due to the switch from a Keynesian to a monetarist economic paradigm. It is suggested that the debate on constitutional imbalances between the EU’s economic and social constitutions should be seen in this light. (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)

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

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)

‘Romanticism’ is one of the more hotly contested terms in the history of ideas. There is a singular lack of consensus as to its meaning, unity, and historical extension, and many attempts to fix the category of romanticism very quickly become blurry. As a result, the great historian of ideas, Arthur Lovejoy, famously concludes that: ‘the word ‘romantic’ has come to mean so many things that, by itself, it means nothing. It has ceased to perform the function of a verbal (...) sign’ But his pessimistic advice has not stopped scholars from trying to define romanticism. If anything, it has brought renewed vigour to the determination with which critics try to pinpoint the term. There are several approaches to take, for those who attempt to do so. One class of critics tries to enumerate the features shared by the authors and texts generally considered romantic. An alternative approach would try to identify the fundamental unity that informs romanticism and gives rise to the empirical commonalities. But what would this essential feature be? Both of these approaches take an external perspective on romanticism, seeing it as the object of inquiry. An alternative approach, which we will pursue, looks at romantic subjects, and romanticism as a self-constituting category, rather than merely as an externally imposed one. In other words, we will take as basic neither an (empirical) array of candidate properties constituting romanticism, nor a supposed underlying (rationalist) essence from which properties can be derived, but rather we will focus on how the romantics themselves took up the idea of romanticism and transformed it into a self-conscious movement. We will treat the question of romanticism with respect to England, but above all Germany. Although romantic movements arose and flourished elsewhere in Europe (and in France in particular), German and English romanticism were uniquely theoretically sophisticated and philosophically nuanced. (shrink)

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

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)

In this article I review the Supreme Court’s current use of its major questions doctrine to see if the justifications commonly offered for its existence can explain its current use. In the process of doing so, I examine what the doctrine is about, how it came into existence and how the Court has applied it, especially in context to two recent cases, West Virginia v. EPA and Biden v. Nebraska. As both of these cases implicate the regulatory state, I place (...) the primary focus of this article on how the doctrine should apply in context to judicial evaluation of the regulatory state. In so doing, I discover that the Court’s current reliance on constitutional separation of powers and checks and balances analyses seem too narrow both with respect to the concerns of the founding generation but also, and perhaps more importantly, to the Constitution’s goals for the kind of government it sought to establish going into the future. (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)

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)

This article aims to contribute to the elucidation of the nature of inquiry. I start with some common desiderata for any theory of inquiry. I then categorize inquiry as a structured process. By focusing on its essential components, I advance a new characterization of inquiry as a combination of questioning attitudes guiding actions. Finally, I turn to the recent objection that questioning attitudes are not necessary for inquiry. I argue that inquiry is a structured process essentially constituted by questioning attitudes (...) having two precise functional roles, initiating and guiding the deployment of cognitive capacities towards an epistemic goal. (shrink)

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

I discuss some problems faced by the meaning‐inconsistency view on the liar and sorites paradoxes which I have elsewhere defended. Most of the discussion is devoted to the question of what a defender of the meaning‐inconsistency view should say about semantic competence.

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

There is ample justification for having analogical material in standardized tests for graduate school admission, perhaps especially for law school. We think that formal-analogy questions should compare different scenarios whose structure is the same in terms of the number of objects and the formal properties of their relations. The paper deals with this narrower question of how legitimately to have formal analogy test items, and the broader question of what constitutes a formal analogy in general.

Narrative views of the self argue that we constitute our self in self-narratives. Embodied views hold that our self is shaped through embodied experiences. In that case, what is the relation between embodiment and narrativity in the process of self-constitution? The question demands a clear definition of embodiment, but existing studies remains unclear on this point (section 2). We offer a correction to this situation by drawing on Merleau-Ponty’s analysis of the body that highlights its habituality. On this account, (...) the body has an inherent tendency to cultivate an organization of habits through its history of engagement with the world (section 3). Next, we explore its role in narrative self-constitution by distinguishing between two aspects of the narrative self, the narrated I and the narrating I (section 4). We argue on phenomenological grounds that self-narratives are informed by bodily perspectives in both respects. Furthermore, a focus on the habituality of the body allows for a better explanation of self-constitution than those based on implicit self-narratives (section 5). For these phenomenological and theoretical reasons, we conclude that narrative self-constitution is an embodied and embedded practice (section 6). (shrink)

In addition to the Frege point, Frege also argued for the force-content distinction from the fact that an affirmative answer to a yes-no question constitutes an assertion. I argue that this fact more readily supports the view that questions operate on and present assertions and other forceful acts themselves. Force is neither added to propositions as on the traditional view, nor is it cancelled as has recently been proposed. Rather higher level acts such as questioning, but also e.g. conditionalizing, (...) embed assertive or directive acts that are forceful and committal, while suspending commitment to them. The Frege point confounds different varieties of force and the question whether something is merely presented for consideration with the question what is so presented. Force is representational: through assertoric and directive force indicators subjects non-conceptually present positions of theoretical or practical knowledge, while interrogative acts indicate positions of wondering which strive for such knowledge. (shrink)

Practical research, according to Aristotle, strives to actualize the Supreme Good as the ultimate end of life. The Final Good could be determined if preceded by an outline based on conceptual analysis. For this reason, Aristotle considers agathón (ἀγαθόν), as the universal concept of good, and clarifies its conceptual-categorical structure to explain how we can understand it. In virtue of the similarity between good and existences for their extension of senses (good has as many meanings as existences), Aristotle proceeds to (...) analyze good compared to existence as an absolute philosophical conception. Alongside his comparative study of good and existence, we can consider a metaphysics for good similar to the metaphysics of being and question its possibility. Corresponding to the metaphysics of existence that considers being qua being, one can imagine a metaphysics for good that investigates goodness qua goodness and explores its philosophical characteristics and theoretical attributes aimed at the question of its possibility. It appears, in the process of Aristotle’s analysis that there is a common meaning and central definite characteristic in several significations and different categories of being by reference to one starting point: the primary being or substance. From the categorical point of view, similarly, various categories are accidental qualities of the fundamental category of substance. Because of the one principle of the primary being or substance, a metaphysics for being which contemplates on being qua being would be possible. But good, on the contrary, is used homonymously in various different senses without any common meaning and with no reference to one principle. Of the categorical attitude, good is applied in any individual category independently with no connection with each other and by no reference to one main category. There is not, in fact, any category of primary good or substantial good which constitutes universal meaning and a single category as an appropriate subject matter for the intended knowledge of the metaphysics of good. Consequently, it is not possible to establish one primary philosophy for goodness qua goodness in the same way as the first philosophy of being as being. Knowledge, according to Aristotle, is composed of the eidos (form or essence) as a universal absolute subject and eidetic attitude as a necessary theoretical way of understanding. Eidetic view and eidos entity are based on the common meaning and single principle which are not found in the concept of good. Thus, the theoretical approach to good, which could not constitute the eidos of good and eidetic knowledge, leads to the Platonic Idea of good and the dialectical attitude. But Aristotle who does not follow dialectic, cannot obtain the eidetic path to goodness either, and, therefore, reconstructs good as the well-being which is the final good that humankind can obtain practically. So he goes on to outline good not as the good in itself which in essence necessitates theoretical cognition, but as a final good of human life that is a condition that entails practical realization. (shrink)

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

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

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

A central question of environmental ethics remains one of how best to account for the intuitions generated by the Last Man scenarios; that is, it is a question of how to explain our experience of value in nature and, more importantly, whether that experience is justified. Seeking an alternative to extrinsic views, according to which nonhuman entities possess normative features that obligate us, I turn to constitutive views, which make value or whatever other limits nonhuman nature places (...) on action dependent on features intrinsic to human beings and constitutive of them or their obligations. After examining two kinds of constitutive views—environmental virtue ethics and Korsgaard’s Kantianism—I suggest an alternative that takes up the strengths of both while avoiding their shortcomings. On this view, we have an indirect obligation to experience nature as obligating us, although we have direct obligations only to human beings. (shrink)

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

The question whether AI systems have agency is gaining increasing importance in discussions of responsibility for AI behavior. This paper argues that an approach to artificial agency needs to be teleological, and consider the role of human goals in particular if it is to adequately address the issue of responsibility. I will defend the view that while AI systems can be viewed as autonomous in the sense of identifying or pursuing goals, they rely on human goals and other values (...) incorporated into their design, and are, as such, dependent on human agents. As a consequence, AI systems cannot be held morally responsible, and responsibility attributions should take into account normative and social aspects involved in the design and deployment of the said AI. My argument falls in line with approaches critical of attributing moral agency to artificial agents, but draws from the philosophy of action, highlighting further philosophical underpinnings of current debates on artificial agency. (shrink)

This essay is part of larger project in which I attempt to show that Western formal logic, from its inception in Aristotle onward, has both been partially constituted by, and partially constitutive of, what has become known as racism. More specifically, (a) racist/quasi-racist/proto-racist political forces were part of the impetus for logic’s attempt to classify the world into mutually exclusive, hierarchically-valued categories in the first place; and (b) these classifications, in turn, have been deployed throughout history to justify and (...) empower racism/quasi-racism/proto-racism. In other words, (a) an important part of the chaos and messiness that so troubles logic has been the natural bio-cultural diversity of human beings as described by concepts such as race and ethnicity; and (b) once these concepts were historically in place, taken for granted, buttressed with pseudo-science, and had their origins forgotten, they became tools for the oppression of diverse human groups. The central thesis of this essay is that close readings of a variety of Leibniz’s writings (including several essays and one letter) will reveal a pattern of mutual dependency and creation in regard to logic and racism in Leibniz. My conclusion will be that there is a meaningful connection between logic and racism (or at least between logic and politics in general) in Leibniz such that one should be skeptical of his logic’s claim to offer transparent and neutral descriptions of the world as well as imperatives for action. Put differently, I want to ask the following specific question: how do Leibniz’s own racially-informed political goals, along with the emergence of race-centric European colonialism, both invest and disguise themselves within Leibniz’s mathematizing of logic? (shrink)

Aristotle’s discussions of natural slavery, ‘barbarian kingship’, and the natural characteristics of barbarians or non-Greeks are usually read as calling into question the intellectual, ethical, and political accomplishments of non-Greeks. Such accounts of non-Greek inferiority or inability to self-govern also appear to presuppose a climatic or environmental account that on the whole would imply severe limitations on the possibility of political flourishing for peoples living outside the Greek Mediterranean basin. In light of such accounts, it is somewhat astounding to (...) find Aristotle praising the social and political institutions of Carthage within his discussion of the best constitution in the second book of the Politics. In the 4th century BCE, Carthage (modern day Tunis) was a Phoenician commercial empire that culturally and linguistically was Semitic and clearly non-Greek. That Aristotle contrasts Carthage, a non-Greek polis, favorably with both Sparta and Crete undermines both the claim that Aristotle embraced a categorical opposition between Greeks and non-Greeks and the claim that he was dismissive of the achievements of non-Greeks. (shrink)

Having a body is one of those unquestionable certainties of which we could not really understand the negation: the latter would not be a legitimate doubt in our linguistic, and therefore the epistemic game. In facts, according to Wittgenstein, contravening certain cornerstones of our language game implies that the used combination of words is being excluded from the game, withdrawn from circulation. The idea of this paper is that the external labelling of a behaviour as a mental illness, prima facie, (...) comes from here. Seriously questioning whether someone else controls my actions or my thoughts or whether I am actually dead, then, are not just doubts, as Wittgenstein's critique of G.E. Moore shows: such believes are constitutively excluded from our way of seeing the world and characterized as illnesses, anomalies; otherwise, it would the complete destruction of the language game we inhabit and therefore of the world as we know it, because we would not know on which bases something could be said truthfully or falsely if we did not even know that "this one is my hand". Therefore, even if mental illnesses objectify themselves in correlative physiological dysfunctions, such a discovery comes only after the external recognition of some symptoms, and to recognize the external symptoms of an illness we have to treat them as such; hereby is suggested that we do treat something this way when it threatens the certainties around which the language game we play revolves. (shrink)

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

In the last few decades, the literature on moral responsibility has been increasingly populated by scientific studies. Studies in neuroscience and psychology, in particular, have been claimed to be relevant for discussions about moral responsibility in a number of ways. And at the same time, there is not yet a systematic understanding of the sort of questions a science of moral responsibility is supposed to answer. This paper is an attempt to move toward such an understanding. I discuss three models (...) for framing scientific questions relevant to an investigation of moral responsibility. The favored model—the Enhancement model—proposes that a science of moral responsibility has two descriptive tasks. First, science can describe the causes and effects of the many sorts of responses that constitute the human practices of moral responsibility, such as praise, blame, and punishment. And, second, science can describe how modifications aiming at the improvement of such practices can be achieved. Relatively to the other models to be considered, the Enhancement model is broader in scope and less tied to the traditional philosophical agenda on moral responsibility. (shrink)

Constitutivists hope to locate the foundations of ethics in the nature of action. They hope to find norms that are constitutive of agency. Recently David Enoch has argued that even if there are such norms, they cannot provide the last word when it comes to normativity, since they cannot tell us whether we have reason to be agents rather than shmagents. I argue that the force of the shmagency objection has been considerably overestimated, because philosophers on both sides of (...) the debate have failed to grasp the true source of the authority of agency’s constitutive norm. Some constitutivists believe that this authority is rooted in the inescapability of agency. Yet agency is not, in fact, inescapable. What actually grounds the authority of agency’s constitutive norm is the fact that there is no standpoint outside of agency from which we can intelligibly ask normative questions. (shrink)

This article is part of a larger project in which I attempt to show that Western formal logic, from its inception in Aristotle onward, has both been partially constituted by, and partially constitutive of, what has become known as racism. In contrast to this trend, the present article concerns the major philosopher whose contribution to logic has been perhaps the most derided and marginalized, and yet whose character and politics are, from a contemporary perspective, drastically superior—John Stuart Mill. My (...) approach to my core concern will be one of narrowing concentric circles. I will begin with Mill’s occasional political writings that bear on the issue of racism, including “The Negro Question.” From there, the core of the article will explore the political dimensions of Mill’s A System of Logic. (shrink)

Many of the commentators—let’s ignore their sex for the moment—suggested including women in the Feyerabend conference. Then the question was raised, “but are they of the right quality, status, rank?” That is, do they bring down the average quality of the conference in virtue of their being of inferior status, or, in Vincenzo Politi’s words, not “someone whose work is both relevant to the topic of the conference and also as widely recognized as the work of the invited speakers” (...) (HOPOS-L archive, “CFP: Feyerabend Conference,” Tuesday, July 17, 2012, 14:57:20)? It is extremely important that such a discussion of quality, status, and rank recognize the scourge of evaluation bias and its long-term and pervasive consequences. One well-designed study this past year, published by the National Academy of Sciences, established prominent evaluation bias among both male and female science faculty in their evaluations of a student applying for a managerial job, who was randomly assigned either a male or a female name (Moss-Racusin et al. 2012). These professors examined the qualifications of the students and decided whether to hire them, what salary to give them, and whether to mentor themand howmuch to do so.The resultswere that both male and female scientists hired more men, gave them higher salaries, and offered more mentoring to them, even though themale applications were identical to the female applications. When probed about their reasons for not hiring or mentoring the female applicants, the professors explained that they based their decisions on the inferior competence of the applicant: the female applicants were perceived as less competent by all professors (with identical applications between males and females). This is what “evaluation bias” looks like, and it has been established in many, many contexts since the 1970s—this is only the most recent. (shrink)

A significant argument for the claim that knowing-wh is knowing-that, implicit in much of the literature, including Stanley and Williamson (2001), is spelt out and challenged. The argument includes the assumption that a subject's state of knowing-wh is constituted by their involvement in a relation with an answer to a question. And it involves the assumption that answers to questions are propositions or facts. One of Lawrence Powers' counterexamples to the conjunction of these two assumptions is developed, responses to (...) it are rebutted, and the possibility of rejecting the second rather than the first of these assumptions is explored briefly. (shrink)

The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule of the judges (...) (Michelman; Dworkin). It defends the role of Parliament in constitutional matters, in contrast with the role of the Supreme Court, inasmuch as – according to them – it is not open to political participation. Parliament is considered the only place in which we can exercise our constitutional power and in which our rights could be adequately protected (Bellamy; Waldron; Tushnet; Goldoni). On the other hand, legal constitutionalism upholds the idea of judicial review, defending the role of the Supreme Court as “exemplar of public reason” (Rawls 1993). This article tries to answer to three fundamental questions about constitutional democracy under the banner of political liberalism: 1. What do we mean by counter-majoritarian difficulty? 2. What is the answer that legal and political model of constitutionalism give to this question? 3. What is the role of constitutional courts in democratic regimes and what is their authority within the State? (shrink)

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

Sometimes constitutions fail. The unprecedented election of Donald Trump, a populist insurgent who lacks the prior political experience or military service of all presidents before him, is such a sharp break in American historical experience that it raises questions as to whether something is deeply amiss with the constitutional order. Constitutional failure is not uncommon. A path-breaking global study of national constitutions shows that on average, they last only nineteen years. The U.S. Constitution is an uncommon outlier and, as such, (...) is accounted by many a long-running success story. But could a bell be tolling for American constitutionalism? In this Essay, I assess the meaning of Trump’s shocking rise for the future of our constitutional order. The shock, of course, was not the election of a Republican president. There have been many Republican presidents since Lincoln, each making their own distinctive contribution to the American tradition. Yet, there are good reasons to think this time around is different. The efficacy and, perhaps, stability of our constitutional order are in question, and we should try to understand why. (shrink)

The nature and role of the patient in biomedicine comprise issues central to bioethical inquiry. Given its developmental history grounded firmly in a backlash against 20th-century cases of egregious human subjects abuse, contemporary medical bioethics has come to rely on a fundamental assumption: the unit of care is the autonomous self-directing patient. In this article we examine first the structure of the feminist social critique of autonomy. Then we show that a parallel argument can be made against relational autonomy as (...) well, demonstrating how this second concept of autonomy fails to take sufficiently into account an array of biological determinants, particularly those from microbial biology. Finally, in light of this biological critique, we question whether or to what extent any relevant and meaningful view of autonomy can be recovered in the contemporary landscape of bioethics. (shrink)

This paper attempts to answer whether the property of “efficacy” can be attributed to constitutive rules. In particular, according to Di Lucia, I will point out some problems that the “semantic conception of efficacy” has concerning constitutive and regulative rules. Then, the main goal of the paper will be to reflect on the possibility of the efficacy of constitutive rules by means of a complex case that the semantic conception seems to disregard: The case of the cheater. (...) Does the action of the cheater show the inefficacy of constitutive rules? Does she play the game while breaking the rule? Can the semantic conception of efficacy explain this situation, or do we need a more flexible concept of efficacy that takes nomotropism into account? These are some of the questions I will try to answer. (shrink)

Amongst the entities making up social reality, are there necessary relations whose necessity is not a mere reflection of the logical connections between corresponding concepts? We distinguish three main groups of answers to this question, associated with Hume and Adolf Reinach at opposite extremes, and with Searle who occupies a position somewhere in the middle. We first set forth Reinach’s views on what he calls ‘material necessities’ in the realm of social entities. We then attempt to show that Searle (...) has not identified a sustainable position somewhere between the Humean and the Reinachian extremes. This is because Searle’s position is threatened by circularity, and to steer clear of that danger it must incorporate at least some elements of Reinach’s essentialism. (shrink)

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

Recent years have witnessed an increase in bear sightings in Latvia, causing a change of tone in the country’s media outlets, regarding the return of “wild” animals. The unease around bear reappearance leads me to investigate the affective side of relations with beings that show strength and resilience in more-than-human encounters in human-inhabited spaces. These relations are characterized by the contrasting human feelings of alienation vis-à-vis their environments today and a false sense of security, resulting in disbelief to encounter beings (...) capable of challenging human exceptionalism. In a broader sense, the unease connects to human self-constitution and the fragility of the self, fueled by the domination of substance ontologies. This article considers bears as beings “in exile,” as potential threats to human self-pronounced exceptionality, and thus, examples of experienced abject regarding human subjectivity. The article aims to analyze the way the constitution of human selfhood is tied to the alienation of wildlife and its genealogical and biopolitical context and to question if a reconceptualization of the human/nonhuman relations via process, instead of substance ontology, is needed. (shrink)

Rationality requires that our mental attitudes exhibit specific patterns of coherence. Do we have reason to comply? 'Prichardian Quietists' regard this question as fundamentally confused: the only reasons to comply with rational requirements are the ones given by the requirements themselves. In this paper, I argue that PQ fails. I proceed by granting that Prichard's own position, from which PQ draws inspiration, is defensible, while identifying three serious problems with the parallel position about rationality. First, as I argue, PQ (...) is not plausibly combined with either the narrow-scope or the wide-scope formulations of rational requirements. Second, PQ implies that the reasons to comply with rational requirements are reasons of the wrong kind. And finally, PQ lacks a crucial component of its explanation, viz. a plausible theory of what constitutes being rationally required to V. (shrink)

Consciousness is a natural phenomenon, the object of a flourishing area of research in the natural sciences – research whose primary goal is to identify the neural correlates of consciousness. This raises the question: why is there need for a philosophy of consciousness? As we see things, the need for a philosophy of consciousness arises for two reasons. First, as a young and energetic science operating as yet under no guiding paradigm, the science of consciousness has been subject to (...) considerable confusion regarding its methodological, conceptual, and philosophical foundations, and it is philosophy’s mandate to address such confusion in an attempt to regiment scientific practice. Secondly, the identification of a neural feature that correlated perfectly with consciousness would still leave open a certain metaphysical question: is the relation between consciousness and the relevant neural feature merely correlation, or is that correlation indicative of a deeper, more intimate relation between the two? In this paper, we offer an opinionated overview of the philosophy of consciousness as it addresses these two dimensions of consciousness research. (shrink)

Although conceptually distinct, ‘ time ’ and ‘community’ are multiply intertwined within a myriad of key debates in both the social sciences and the humanities. Even so, the role of conceptions of time in social practices of inclusion and exclusion has yet to achieve the prominence of other key analytical categories such as identity and space. This article seeks to contribute to the development of this field by highlighting the importance of thinking time and community together through the lens of (...) political apologies. Often ostensibly offered in order to re-articulate both the constitution of ‘the community’ and its future direction, official apologies are prime examples of deliberate attempts to intervene in shared understandings of political community and its temporality. Offering a detailed case study of one of these apologies, I will focus on Australian debates over the removal of indigenous children from their families, known as the Stolen Generations, and examine the temporal dimensions of the different responses offered by former prime ministers John Howard and Kevin Rudd. (shrink)

A priori theories of justification of logic based on meaning often lead to trouble, in particular to issues concerning circularity. First, I present Boghossian’s a prioriview. Boghossian maintains the rule-circular justifications from a conceptual role semantics. However, rule-circular justifications are problematic. Recently, Boghossian (Boghossian, 2015) has claimed that rules should be thought of as contents and contents as abstract objects. In this paper, I discuss Boghossian’s view. My argumentation consists of three main parts. First, I analyse several arguments to show (...) that in fact, Boghossian’s inferentialist solution is not fully satisfying. Second, I discuss the matter further, if one accepts that basic logical rules are constitutive of meaning, that is, they constitute the logical concepts and the content of a rule is an abstract object, then abstract objects — like, for example, rules — could be constitutive of meaning. The question is whether conceptual priority is in the judgment or in the object and what theory of content is pursued. Grasping content as a matter of knowing how a word or concept behaves in inferences is not completely explicative. Finally, I contend that rules come to exist as a result of certain kinds of mental action. These actions function as constitutive norms. Logical rules are not abstract objects but ideal. What one construes as norms or rules of content may involve idealization, but this is because we share a language. (shrink)

This article provides an analysis of the phenomenology of affectivity underlying the work of Edith Stein. Taking as point of departure two of her works, The problem of Empathy (1917) and Philosophy of Psychology and the Humanities (1922), the paper focuses on the idea that emotions fulfil a cognitive function: they make us accessible the realm of values. The argument of the paper is developed in two sections. The first section offers an overview of Stein’s main theses about emotions, feelings, (...) moods and sentiments and places them within the larger framework of the early phenomenological accounts on affectivity. The second section examines the claim that emotions are responsible for grasping values concentrating on two facets of this thesis: the first regards the epistemological question according to which values are grasped by affective phenomena, while the second regards the ontological question about the nature of these grasped values. (shrink)