Karl Polanyi in The Great Transformation diagnosed what had happened in the Nineteenth Century that led to poverty, increasingly wild economic fluctuations, increasingly severe depressions, and social dislocation and oppression on a massive scale – the market had been disembedded from communities which were then subjected to the imperatives of a supposedly autonomous market. In fact, such disembedding and imposition of these imperatives was a deliberate strategy developed as a means to impose exploitative relations on people, in opposition to ideas (...) of republican democracy. Recognizing this, after such disembedding had engendered a major global depression in the 1890s and an even more severe depression in the 1930s, along with two world wars, reformers largely succeeded in re-embedding markets. This achievement was fought by neoliberals, and their triumph in the 1970s was a really a project of reversion to the Nineteenth Century economic and political order, now upheld by much more powerful forces, including immensely powerful transnational corporations and financial institutions, corrupt politicians, and much more effective mind control industries. As in the Nineteenth Century, it has concentrated wealth and income, destabilized economies, and threatens a new Great Depression and, as a by-product of the tensions generated by global ecological destruction, possibly a new world war. As opposed to Marxist analyses, Polanyi’s analysis provided a much clearer goal to aim at that has not been discredited by the failures of supposedly communist countries. However, there are still huge problems to be overcome if we are to re-embed the market in communities, including the problem of grappling with the immense power of transnational corporations and financial institutions and those who serve them and the success they have had in corrupting the institutions and culture of democracy. This includes not only undermining the power of nations to control their economies and their subversion of democratic processes, but also in promoting passivity in the population to render them inert and powerless. In this paper I will examine proposals, such as those promoted by Arild Vatn in his book Institutions and the Environment, to develop institutions able to achieve this re-embedding. (shrink)

In order to graduate, Florida's high school students by law must learn that Communism is evil, dangerous, and fallacious. All students must learn that the U.S. produces the highest standard of living and more freedom than any other economic system on earth. State universities in Florida are creating a curriculum to implement the Americanism versus Communism Act of 1961 and the Free Enterprise and Consumer Education Act of 1975. ;The Florida Department of Education says that ideology, noncritical thinking, is superior (...) to critical thinking and that the superiority of the U.S. political economy and the dignity of the individual rest in part on peoples' being able to express themselves freely. ;Florida's A.V.C. and F.E.C.E.A. proponents have a special way of convincing audiences that they will develop loyalty while at the same time imposing a set of ideas not open to question. ;This work argues that, intentionally or not, Florida's legislature and Department of Education have set up an official ideology and the mechanism to purvey it. This ideological approach defeats the aim of comparing systems objectively. While the stated aim is to promote critical thinking, the D.O.E.'s special philosophy underscoring words like "democracy" results in indoctrinating students with a questionable description of the U.S. system. (shrink)

For the past thirty years, the Transitional Justice (TJ) research program has been undergoing a period of transition, simultaneously expanding and consolidating; in one sense, expanding its scope to encompass the measurement of TJ’s impact and the redefinition of ‘transitional’ to include societies afflicted by deep social and economic injustice; and in a second sense, consolidating its practical approach to promoting democracy and peace by developing best practices for institutionalizing TJ. While there have been advances in designing new TJ mechanisms (...) and remedying the concept’s under-theorization, little comparative progress has been made to date in offering a guiding framework for TJ’s push to institutionalize. The thesis of this article is that philosophical pragmatism, specifically Deweyan pragmatism, offers a bevy of resources—a virtual tool-kit—for scholars and practitioners wishing to design TJ-friendly institutions within transitional societies. (shrink)

The orphans of Romania were participants in what is sometimes called “the forbidden experiment”: depriving human infants of intimacy, affection, and human contact is an inhuman practice. It is an experiment which no ethical researcher would set out to do. This paper examines historical data, case histories, and research findings which deal with early deprivation and performs a phenomenological analysis of deprivation phenomena as they impact emotional and physical development. A key element of deprivation is the absence of intimate relationships (...) with other human beings. However, the absence of intimacy impacts not only the social/emotional abilities of infants, but their very ability to perceive the world. Philosophically and from a radically Merleau-Pontean perspective, the intimate face of the other appears to be a world opening event for the child. Its absence has a profound impact on the child’s experience of embodiment, coexistence, spatiality, temporality, and language. When seen through early deprivation, intimacy appears as a necessary foundation for establishing the transcendence of the world beyond perceptual presence, and it provides the possibility for language, culture, and history. (shrink)

Debates on humanitarian intervention have focused on the permissibility question. In this paper, I ask whether intervention can be a moral duty, and if it is a moral duty, how this duty is to be distributed and assigned. With respect to the first question, I contemplate whether an intervention that has met the "permissibility" condition is also for this reason necessary and obligatory. If so, the gap between permission and obligation closes in the case of humanitarian intervention. On the second (...) question, I propose 'institutionalizing" the duty to intervene. In this way, an otherwise imperfect obligation to intervene can be made "perfect" and specific to some agent. (shrink)

The aim of this work is to familiarize the reader with the presence and development of bioethics in Serbia. First, the introduction analyzes the term of bioethics and considers its disciplinary founding. In order to give as full a picture of the actual state of bioethics in Serbia as possible, its reception is considered from two main standpoints: the standpoint of the bioethical education and the standpoint of relevant legal regulations and institutionalization. Attention is also drawn to certain omissions (...) in the approach to bioethical issues, with special view of the questions of cloning and euthanasia, and to moments that should contribute to its full scientific and institutional affirmation. (shrink)

Conceptual engineering is thought to face an ‘implementation challenge’: the challenge of securing uptake of engineered concepts. But is the fact that implementation is challenging really a defect to be overcome? What kind of picture of political life would be implied by making engineering easy to implement? We contend that the ambition to obviate the implementation challenge goes against the very idea of liberal democratic politics. On the picture we draw, the implementation challenge can be overcome by institutionalizing control over (...) conceptual uptake, and there are contexts—such as professions that depend on coordinated conceptual innovation—in which there are good reasons to institutionalize control in this fashion. But the liberal fear of this power to control conceptual uptake ending up in the wrong hands, combined with the democratic demand for freedom of thought as a precondition of genuine consent, yields a liberal democratic rationale for keeping implementation challenging. (shrink)

Is the institutionalization of religious freedom through human rights jurisprudence simply a means by which the modern nation-state manufactures and regulates “religion”? Is the discourse of religious freedom principally a technology of state governance? These questions challenge the ways that scholars conceptualize the relation between states, nationalism, human rights, and religious freedom. This article forwards an approach to human rights and methodological nationalism that both counters and explores alternatives to the prevailing conceptions of human rights, nationalism, and state sovereignty (...) in the discourse on the putative impossibility—and, by some accounts, insidiousness—of religious freedom. I first explicate the interpretive and contestatory dimensions of human rights discourse concerning religious freedom. I then explore cross-cutting ambivalences within the nationalisms that states need and cultivate in effort to transmute their monopoly upon coercive force (i.e. power) into legitimated authority. I argue that these provide two dimensions in and through which state sovereignty may be opposed, criticized, held accountable, and subject to change. (shrink)

Over the last decade, Axel Honneth has established himself as one of the leading social and political philosophers in the world today. Rooted in the tradition of critical theory, his writings have been central to the revitalization of critical theory and have become increasingly influential. His theory of recognition has gained worldwide attention and is seen by some as the principal counterpart to Habermass theory of discourse ethics. In this important new volume, Honneth pursues his path-breaking work on recognition by (...) exploring the moral experiences of disrespect that underpin the conduct of social and political critique. What we might conceive of as a striving for social recognition initially appears in a negative form as the experience of humiliation or disrespect. Honneth argues that disrespect constitutes the systematic key to a comprehensive theory of recognition that seeks to clarify the sense in which institutionalized patterns of social recognition generate justified demands on the way subjects treat each other. This new book by one of the leading social and political philosophers of our time will be of particular interest to students and scholars in social and political theory and philosophy. (shrink)

Foucault's theory of power and subjectification challenges common concepts of freedom in social philosophy and expands them through the concept of 'freedom as critique': Freedom can be defined as the capability to critically reflect one's own subjectification, and the conditions of possibility for this critical capacity lie in political and social institutions. The article develops this concept through a critical discussion of the standard response by Foucault interpreters to the standard objection that Foucault's thinking obscures freedom. The standard response interprets (...) Fou-cault's later works, especially The Subject and Power, as a solution to the problem of freedom. It is mistaken, because it conflates different concepts of freedom that are present in Foucault's work. By differentiating these concepts, this paper proposes a new institutionalist approach to solve the problem of freedom that breaks with the partly anarchist underpinnings of Foucault scholarship: As freedom as critique is not given, but itself a result of subjectification, it entails a demand for 'modal robustness' and must therefore be institutionalized. This approach helps to draw out the consequences of Foucault's thinking on freedom for postfoundationalist democratic theory and the general social-philosophical discussion on freedom. (shrink)

Ethnobiology has become increasingly concerned with applied and normative questions about biocultural diversity and the livelihoods of local communities. While this development has created new opportunities for connecting ethnobiological research with ecological and social sciences, it also raises questions about the role of cognitive perspectives in current ethnobiology. In fact, there are clear signs of institutional separation as research on folkbiological cognition has increasingly found its home in the cognitive science community, weakening its ties to institutionalized ethnobiology. Rather than accepting (...) this separation as inevitable disciplinary specialization, this short perspective article argues for a systemic perspective that addresses mutual influences and causal entanglement of cognitive and non-cognitive factors in socio-ecological dynamics. Such an integrative perspective requires a new conversation about cognition in ethnobiology beyond traditional polarization around issues of cognitive universals and cultural relativity. (shrink)

This article is a feminist intervention into the ways that disability is researched and represented in philosophy at present. Nevertheless, some of the claims that I make over the course of the article are also pertinent to the marginalization in philosophy of other areas of inquiry, including philosophy of race, feminist philosophy more broadly, indigenous philosophies, and LGBTQI philosophy. Although the discipline of philosophy largely continues to operate under the guise of neutrality, rationality, and objectivity, the institutionalized structure of the (...) discipline implicitly and explicitly promotes certain ontologies, epistemologies, and methodologies as bona fide philosophy, while casting the ontologies, epistemologies, and methodologies of marginalized philosophies as mere simulacra of allegedly fundamental ways of knowing and doing philosophy and thus rendering these marginalized philosophies more or less expendable. This article is designed to show that legitimized philosophical discourses are vital mechanisms in the problematization of disability. (shrink)

In France, some institutions seem to call for the engineer’s sense of social responsibility. However, this call is scarcely heard. Still, engineering students have been given the opportunity to gain a general education through courses in literature, law, economics, since the nineteenth century. But, such courses have long been offered only in the top ranked engineering schools. In this paper, we intend to show that the wish to increase engineering students’ social responsibility is an old concern. We also aim at (...) highlighting some macro social factors which shaped the answer to the call for social responsibility in the French engineering “Grandes Ecoles”. In the first part, we provide an overview of the scarce attention given to the engineering curriculum in the scholarly literature in France. In the second part, we analyse one century of discourses about the definition of the “complete engineer” and the consequent role of non technical education. In the third part, we focus on the characteristics of the corpus which has been institutionalized. Our main finding is that despite the many changes which occurred in engineering education during one century, the “other formation” remains grounded on a non academic “way of knowing”, and aims at increasing the reputation of the schools, more than enhancing engineering students’ social awareness. (shrink)

Two great problems of learning confront humanity: learning about the nature of the universe and our place in it, and learning how to become civilized. The first problem was solved, in essence, in the 17th century, with the creation of modern science. But the second problem has not yet been solved. Solving the first problem without also solving the second puts us in a situation of great danger. All our current global problems have arisen as a result. What we need (...) to do, in response to this unprecedented crisis, is learn from our solution to the first problem how to solve the second. This was the basic idea of the 18th century Enlightenment. Unfortunately, in carrying out this programme, the Enlightenment made three blunders, and it is this defective version of the Enlightenment programme that we have institutionalized in 20th century academic inquiry. In order to solve the second great problem of learning we need to correct the three blunders of the traditional Enlightenment. This involves changing the nature of social inquiry, so that social science becomes social methodology or social philosophy, concerned to help us build into social life the progress-achieving methods of aim-oriented rationality, arrived at by generalizing the progress-achieving methods of science. It also involves, more generally, bringing about a revolution in the nature of academic inquiry as a whole, so that it takes up its proper task of helping humanity learn how to become wiser by increasingly cooperatively rational means. The scientific task of improving knowledge and understanding of nature becomes a part of the broader task of improving global wisdom. (shrink)

The guiding thread of the paper is the diagnosis that the advanced division of cognitive labor (that is, intellectual specialization) engenders a set of perennial, political and epistemic challenges (Millgram 2015) that, simultaneously, also generate opportunities for philosophy. In this paper, I re-characterize the nature of synthetic philosophy as a means to advance and institutionalize philosophy. For my definition of synthetic philosophy see section 2. In section 1, I treat Plato’s Republic as offering two models to represent philosophy's relationship to (...) the other sciences within the advanced division of labor. I highlight that for Plato intellectual specialization is central not just to economic, but also to political life. And, yet, that the very dispersion of scientific expertise, and its esoteric nature, also generates non-trivial challenges to the recognition and political utilization of knowledge. From Plato we can infer that in imperfect circumstances, philosophy’s self-constitution is, in part, a response to these challenges in political epistemology. However, how philosophy is institutionalized differs through time. In section 2, I re-introduce my conceptualization of synthetic philosophy and restate it. This makes visible that synthetic philosophy is already widely practiced in the profession as philosophy of the special sciences, PPE, formal modelling, public philosophy, etc. I use recent work by Dorst (2023) to illustrate synthetic philosophy and to identify some of the processes that give rise to the need for it. In sections 2-3, I contrast my account with the evolving ways that Philip Kitcher has conceptualized synthetic philosophy in order to make more precise the version promoted here. I do so not just because Kitcher and I use the same term, ‘synthetic philosophy,’ but because the temptations inherent in Kitcher’s approach should be resisted. -/- . (shrink)

Contrary to the widely accepted consensus, Christopher Heath Wellman argues that there are no pre-institutional judicial procedural rights. Thus commonly affirmed rights like the right to a fair trial cannot be assumed in the literature on punishment and legal philosophy as they usually are. Wellman canvasses and rejects a variety of grounds proposed for such rights. I answer his skepticism by proposing two novel grounds for procedural rights. First, a general right against unreasonable risk of punishment grounds rights to an (...) institutionalized system of punishment. Second, to complement and extend the first ground, I more controversially propose a right to provision of the robust good of security. People have a right to others' protecting for avoiding wrongfully harming them: when I take an action that is reasonably expected to threaten the protected interests of others, I must take appropriate care to avoid setting back those interests. Inflicting punishment on someone--intentionally harming them in response to a violation--is prima facie wrongful, so I can only count as taking appropriate care in punishing when I follow familiar procedures that reliably and redundantly test whether they are liable to such punishment, i.e. whether they have forfeited their right against punishment through a culpable act. (shrink)

Ethnobotanical research provides ample justification for comparing diverse biological nomenclatures and exploring ways that retain alternative naming practices. However, how (and whether) comparison of nomenclatures is possible remains a subject of discussion. The comparison of diverse nomenclatural practices introduces a suite of epistemic and ontological difficulties and considerations. Different nomenclatures may depend on whether the communities using them rely on formalized naming conventions; cultural or spiritual valuations; or worldviews. Because of this, some argue that the different naming practices may not (...) be comparable if the ontological commitments employed differ. Comparisons between different nomenclatures cannot assume that either the naming practices or the object to which these names are intended to apply identifies some universally agreed upon object of interest. Investigating this suite of philosophical problems, I explore the role grey nomenclatures play in classification. ‘Grey nomenclatures’ are defined as those that employ names that are either intentionally or accidentally non-Linnaean. The classification of the lichen thallus (a symbiont) has been classified outside the Linnaean system by botanists relying on the International Code of Nomenclature for algae, fungi, and plants (ICN). But, I argue, the use of grey names is not isolated and does not occur exclusively within institutionalized naming practices. I suggest, ‘grey names’ also aptly describe nomenclatures employed by indigenous communities such as the Samí of Northern Finmark, the Sherpa of Nepal, and the Okanagan First Nations. I pay particular attention to how naming practices are employed in these communities; what ontological commitments they hold; for what purposes are these names used; and what anchors the community’s nomenclatural practices. Exploring the history of lichen naming and early ethnolichenological research, I then investigate the stakes that must be considered for any attempt to preserve, retain, integrate, or compare the knowledge contained in both academically formalized grey names and indigenous nomenclatures in a way that preserves their source-specific informational content. (shrink)

To believe that every single scientist ought to be individually engaged in ethical thinking in order for science to be responsible at a collective level may be too demanding, if not plainly unrealistic. In fact, ethical labor is typically distributed across different kinds of scientists within the scientific community. Based on the empirical data collected within the Horizon 2020 ‘RRI-Practice’ project, we propose a classification of the members of the scientific community depending on their engagement in this collective activity. Our (...) classification offers, on the one hand, a model of how the ethical aspects of science are taken into consideration by scientists and, on the other, some indications on how to institutionalize ethics in science. (shrink)

Cet article s’intéresse au problème de la maintenance, c’est-à-dire au moment où les membres d’un collectif social tentent d’assurer dans le temps l’existence de leur collectif en instituant des règles pour réguler leurs comportements. Ce problème se pose avec acuité lorsque certains membres ne respectent pas ces règles communes. Pour maintenir la coopération sociale, les membres peuvent décider d’instituer des règles secondaires visant à sanctionner les transgressions des règles primaires déjà établies. La maintenance d’un collectif peut ainsi reposer sur l’émergence (...) de pouvoirs déontiques qui donnent aux membres l’autorité de légitimement punir et expulser les transgresseurs. Mais d’où viennent ces règles ? On peut penser qu’elles émergent des émotions éprouvées par les membres envers les transgresseurs. Je le démontre à l’aide d’une étude de cas qui établit que, dans le collectif Occupy Geneva, l’institutionnalisation de normes pour punir, exclure et réintégrer les déviants s’ancraient respectivement dans l’indignation, le mépris et le pardon. -/- This article focuses on the problem of maintenance; that is the moment when the members of a social collective attempt to ensure the existence of their collective over time by instituting rules to regulate their behavior. This problem becomes critical when certain members do not respect the common rules. To maintain social cooperation, members can decide to institute secondary rules aimed at sanctioning the transgressions of the already established primary rules. The maintenance of a collective can thus rely on the emergence of deontic powers that give members the authority to legitimately punish and expel transgressors. But where do these rules come from? The hypothesis is that they emerge from the emotions felt by the members towards the transgressors. I show this with the help of a case study, which establishes that the institutionalization of norms allowing the punishment, the exclusion, and the reintegration of deviants within the “Occupy Geneva” collective, was grounded in indignation, contempt, and forgiveness respectively. (shrink)

The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

*North American Society for Social Philosophy (NASSP) Book Award 2019.* -/- *International Studies Association (ISA) - International Ethics Section Book Award 2021.* -/- Although military mores have relied primarily on just war theory, the ethic of cooperation in warfare (ECW)—between enemies even as they are trying to kill each other—is as central to the practice of warfare and to conceptualization of its morality. Neither game theory nor unilateral moral duties (God-given or otherwise) can explain the explicit language of cooperation in (...) developing and enforcing principles of military ethics and the law of armed conflict. -/- The ethic of cooperation is borne of various motivations: reciprocity, self-preservation, and efficiency, to be sure, but also a sense of warrior honor and concern with human rights. This shared morality can persist despite making it more difficult for one side or the other to win and, unfortunately, its well-meaning motivations often lead to unintended tragic consequences. -/- This book explores three manifestations of this significant yet overlooked ethic of cooperation in warfare: (1) for a “fair fight,” (2) to protect classes of individuals (e.g., non-combatants or prisoners of war), and (3) to end the war quickly. Such cooperation can take unexpected forms, from ad hoc decisions on the battlefield to institutionalization in international law, and is the source of some critical tensions in one of the most significant developments in warfare in recent years: namely, how to handle terrorism or other forms of warfare that lie outside the purview of international law. -/- Each type of ECW raises questions internal to that ethic, such as inconsistencies in the concept of “parity” across different weapons bans, contradictions within the warrior ethic that heavily influence—and therefore confuse—notions of the “fair fight,” the disconnect between what protections a person receives and his responsibility for the war (e.g., political leaders), or the limited decisiveness of outcomes generated by very short wars. -/- Their simultaneous application also generates significant tensions and raises questions about the proper relationship of ECW to the immediate goal of war itself, which is to win, and thus yield either a political settlement or a justicial decision. For example, the ECWs for a “fair fight” and to protect classes of individuals can make it harder to win the war, but even more concerning is that they can also kill more people, which in the latter case contravenes its very purpose. -/- Human history is in some ways the story of trying to concurrently wage and tame war, and the architecture of warfare itself is informed by the ECW, in particular: (a) the political nature of war, (b) the abdication from jus ad bellum judgments in order to concentrate on justice within war (jus in bello), and (c) the ways in which modern nation-states collude to define “legitimacy” in war. -/- The combination of these three features leave questions of justicial right and responsibility for war disturbingly unresolved, it also generates new challenges in a geopolitical context in which cooperative and non-cooperative (e.g. contemporary terrorism) forms of warfare clash. (shrink)

In their writings on Africa and colonialism, John and Jean Comaroff have explored some of the fundamental questions of social science, delving into the nature of history and human agency, culture and consciousness, ritual and representation. How are human differences constructed and institutionalized, transformed and (sometimes) resisted? How do local cultures articulate with global forms? How is the power of some people over others built, sustained, eroded, and negated?These essays work toward an "imaginative sociology," demonstrating the techniques by which social (...) science may capture the contexts that human beings construct and inhabit. In the introduction the authors offer their most complete statement to date on historical anthropology. Standing apart from the traditional disciplines of social history and modernist social science, their work is dedicated to discovering how human worlds are made and signified, forgotten and remade. (shrink)

I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.

This article reviews the debate on ‘intersectionality’ as the dominant approach in gender studies, with an emphasis on the politics of representation. The debate on intersectionality officially began in the late 1980s, though the approach can be traced back to the institutionalization of women's studies in the 1970s and the feminist movement of the 1960s. Black and lesbian feminists have long advocated hyphenated identities to be the backbone of feminist thought. But in recent years, intersectionality has sustained criticism from (...) numerous angles within gender studies, ranging from feminist philosophy to applied political research. This article will use the theorization of ‘interference’ as a searchlight to produce an overview of this interdisciplinary debate, culminating in our affirmative answer to the question: should we move from intersectionality to interference? Our answer is based on onto-epistemological reflections, i.e., reflections in which being and knowing are always already entangled. -/- . (shrink)

The German Tradition of Self-Cultivation (Bil dung) and its Historical Meaning. This article aims at analysing the historical meaning of the German ideal of self-cultivation (Bildung), considering its different uses and interpretations over time. Based on the historical semantics of Reinhart Koselleck and the bibliography on the subject, it reconstructs the core transformations in its semantic structure from the beginnings in the late Middle Ages to its institutionalization in the German school system in the nineteenth century. The development of (...) the ideal of Bildung in Germany is characterised by the tension between its function as means of integration through education and its function as instrument of social distinction. The reflexion on this educational ideal is presented as a counterpoint to some of the contemporary educational practices, based on the imperatives of the market and the neoliberal management of human capital. (shrink)

This book tells the story of modern ethics, namely the story of a discourse that, after the Renaissance, went through a methodological revolution giving birth to Grotius’s and Pufendorf’s new science of natural law, leaving room for two centuries of explorations of the possible developments and implications of this new paradigm, up to the crisis of the Eighties of the eighteenth century, a crisis that carried a kind of mitosis, the act of birth of both basic paradigms of the two (...) following centuries: Kantian ethics and utilitarianism. The new science of natural law carried a fresh start for ethics, resulting from a mixture of the Old and the New. It was, as suggested by Schneewind, an attempt at rescuing the content of Scholastic and Stoic doctrines on a new methodological basis. The former was the claim of existence of objective and universal moral laws; the latter was the self-aware attempt at justifying a minimal kernel of such laws facing skeptical doubt. What Bentham and Kant did was precisely carrying this strategy further on, even if restructuring it each of them around one out of two alternative basic claims. The nineteenth- and twentieth-century critics of the Enlightenment attacked both not on their alleged failure in carrying out their own projects, but precisely on having adopted Grotius’s and Pufendorf’s project. What counter-enlightenment has been unable to spell out is which alternative project could be carried out facing the modern condition of pluralism, while on the contrary, if we takes a closer look at developments in twentieth-century ethics or at on-going discussions on practical issues, we might feel inclined to believe that Grotius’s and Pufendorf’s project is as up-to-date as ever. -/- Table of Contents -/- Preface I. Fathers of the Reformation and Schoolmen 1.1. Luther: passive justice and the good deeds; 1.2. Calvin: voluntarism and predestination; 1.3. Baroque Scholasticism; 1.4. Casuistry and Institutiones morales -/- II Neo-Platonists, neo-Stoics, neo-Sceptics 2.1. Aristotelian, neo-Platonic, neo-Epicurean and neo-Cynic Humanists; 2.2. Oeconomica and the art of living; 2.3. Neo-Stoics; 2.4. Neo-Sceptics; 2.5. Moralistic literature -/- III Neo-Augustinians 3.l. The Jansenists on natura lapsa, sufficient grace, pure love; 3.2. Nicole on the impossibility of self-knowledge; 3.3. Nicole on self-love and charity; 3.4. Nicole against civic virtue, for Christian civility; 3.5. Malebranche on general laws and necessary evil; 3.6. Malebranche on Neo-Augustinianism and Platonism. -/- IV Grotius, Pufendorf and the new moral science 4.1. Grotius against Aristotle and the sceptics; 4.2. Mersenne and Gassendi; 4.3. Descartes on ethics as the last branch of philosophy’s tree; 4.4. Hobbes on scepticism and the new moral science; 4.5. Spinoza on the new moral science as a descriptive science;4.6. Locke on voluntarism and probabilism; 4.7. Pufendorf on natural law as an exact science; 4.8. Pufendorf on physical and moral entities; 10. Pufendorf on self-preservation -/- V The empiricist version of the new moral science: from Cumberland to Paley 5.1. Cumberland against Hobbesian voluntarism; 5.2. Cumberland and theological consequentialism; 5.3. Cumberland on universal benevolence and self-love; 5.4. Shaftesbury on the moral sense; 5.5. Hutcheson on natural law and moral faculties; 5.6. Gay, Brown, Paley and theological consequentialism. -/- VI The rationalist version of the new moral science: from Cudworth to Price 6.1. The Cambridge Platonists; 6.2. Shaftesbury on the moral sense; 6.3. Butler and a third way between voluntarism and scepticism; 6.4. Price and the rational character of moral truths; -/- VII Leibniz’s compromise between the new moral science and Aristotelianism 1.Leibniz against voluntarism; 2.Leibniz against the division between the physical and the moral good; 3.Leibniz on la place d’autrui and theological consequentialism; 4.Thomasius, Wolff, Crusius -/- VIII French eighteenth-century philosophers without the new moral science 8.1. The genealogy of our ideas of virtue and vice; 8.2. Maupertuis and moral arithmetic 8.3. The philosophes and the harmony of interests; 8.4. Rousseau on corruption, self-love, and virtue; 8.5. Sade on the merits of vice -/- IX Experimental moral science: Hume and Adam Smith 9.1. Mandeville’s paradox; 9.2. Hutcheson on the law of nature and moral faculties; 9.3. Hume on experimental moral philosophy and the intermediate principles; 9.4. Hume’s Law; 9.5. Hume on the fellow-feeling; 9.6. Hume on natural and artificial virtues and disinterested pleasure for utility; 9.7. Adam Smith’s anti-realist metaethics; 9.8. Adam Smith on self-deception and the paradox of happiness; 9.9. Adam Smith on sympathy and the impartial spectator; 9.10. Adam Smith on the twofold criterion for moral judgement and its paradox; 9.11. Reid on the refutation of scepticism and the self-evidence of duty -/- X Kantian ethics 10.1. Kantian metaethics: moral epistemology; 10.2. Kantian metaethics: moral ontology; 10.3. Kantian metaethics: moral psychology; 10.4. Kantian normative ethics; 10.5. Kant on the impracticability of applied ethics; 10.6. Kantian moral anthropology; 10.7. Civilisation and moralisation; 10.8. Theology on a moral basis and the origins of evil; 10.9. Fichte and the transformation of theoretical philosophy into practical philosophy XI Bentham and utilitarianism 11.1. Bentham’s linguistic theory; 11.2. Bentham’s moral ontology, psychology, and theory of action; 11.3. The principle of greatest happiness; 11.4. The critique of religious ethics; 11.5. The new morality; 11.6. Interest and duty; 11.7. Virtues; 11.8. Private ethics and legislation -/- XII Followers of the Enlightenment: liberal Judaism and Liberal Theology 12.1. Mendelssohn; 12.2. Salomon Maimon; 12.3. Haskalā and liberal Judaism; 12.4. Liberal Theology. -/- XIII Counter-Enlighteners 13.1.Romanticism and the fulfilment of individuality as the Summum Bonum; 13.2. Hegel on history as the making of liberty; 13.3. Hegel on the unhappy consciousness and the beautiful soul; 13.4. Hegel on Morality and Sittlichkeit; 13.5. Marx on ideology, alienation, and praxis; 13.6. Schopenhauer on compassion; 13.7. Kierkegaard on faith beyond ethics. -/- XIV Followers of the Enlightenment: intuitionists and utilitarian 14.1 Whewell‘s criticism of utilitarianism; 14.2 Whewell on morality and the philosophy of morality; 14.3 Whewell on the Supreme Norm; 14.4 Whewell on the conflict between duties; 14.5 Mill and the proof of the principle of utility; 14.6 Mill’s eudemonistic utilitarianism; 14.7 Mill on rules -/- XV Followers of the Enlightenment: neo-Kantians and positivists 15.1. French spiritualism; 15.2. Neo-Kantians: the Marburg school; 15.3. Neo-Kantians: the Marburg school; 15.4. Comte’s positivism and the invention of altruism; 15.5. Social Darwinism; 15.6. Wundt and an ethic of humankind -/- XVI Post-enlighteners: Sidgwick 16.1. Criticism of intuitionism; 16.2. On ethical egoism; 16.3. Criticism of utilitarianism -/- XVII Post-enlighteners: Durkheim 17.1. Sociology as physics of customs; 17.2. Morality as physics of customs and as practical science; 17.3. On Kantian ethics and utilitarianism; 17.4. The variability of moralities;17.5. Social solidarity as end and justification of morality; 17.6. Secular morality as “sociodicy”; XVIII Post-enlighteners: Nietzsche 18.1. On the Dionysian; 18.2. On the deconstruction of the world of values 18.3 On the twofold genealogy of moralities; 18.4. On ascetics and nihilism; 18.5. Normative ethics of self-fulfilment -/- Bibliography / Index of names / Index of concepts -/- . (shrink)

In this paper, we take our cue from Kevin Schilbrack’s admonishment that the philosophy of religion needs to take religious practices seriously as an object of investigation. We do so by offering Afro-Brazilian traditions as an example of the methodological poverty of current philosophical engagement with religions that are not text-based, belief-focused, and institutionalized. Anthropologists have studied these primarily orally transmitted traditions for nearly a century. Still, they involve practices, such as offering and sacrifice as well as spirit possession and (...) mediumship, that have yet to receive attention from philosophers. We argue that this is not an accident: philosophers have had a highly restricted diet of examples, have not looked at ethnography as source material, and thus still need to put together a methodology to tackle such practices. After elucidating Schilbrack’s suggestions to adopt an embodiment paradigm and apply conceptual metaphor theory and the extended mind thesis to consider religious practices as thoughtful, we offer criticism of the specifics of his threefold solution. First, it assumes language is linear; second, it takes a problematic view of the body; and third, it abides by a misleading view of the “levels” of cognition. We conclude that the philosophy of religion should adopt enactivism to understand religious practices as cognitive enterprises. (shrink)

In the intersection between eugenics past and present, disability has never been far beneath the surface. Perceived and ascribed disabilities of body and mind were one of the core sets of eugenics traits that provided the basis for institutionalized and sterilization on eugenic grounds for the first 75 years of the 20th-century. Since that time, the eugenic preoccupation with the character of future generations has seeped into what have become everyday practices in the realm of reproductive choice. As Marsha Saxton (...) (2000) and Adrienne Asch (2000, 2003) have forcefully argued, the use of prenatal screening technologies to facilitate the selective abortion of fetuses with features that signify disabling traits—the paradigm here being trisomy 21 in a fetus indicating Down Syndrome in the child—express a negative view of such disabilities sufficient to warrant terminating an otherwise wanted pregnancy. The eliminative structure of what Rosemary Garland Thompson (2012) has called eugenic logic persists in contemporary practices governing reproductive choice, social inclusion, and democratic participation and their relationship to disability. The tie between eugenics and contemporary disability studies suggests that eugenics and reflection on its history can also play a more positive role in disability politics. After focusing on eugenics in the first half of the paper, we will shift in the second half of the paper to eugenic resonances in contemporary thought and practice, concluding with some thoughts about ongoing practices of silencing and the very idea of eradicating disability. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

This chapter explores the different dimensions of domination, including whether it has a structural approach, its relation to race and imperialism, and how non-domination can be institutionalized and achieved at a global level.

On the basis of Karl-Otto Apels’ diagnosis of the shortcomings of philosophical ethics in general, and any ethics of individual accountability in particular, I give an outline how these shortcoming are currently to be articulated in the context of ecological crisis and socio-technical change. This will be followed with three interpretations of Karl-Otto Apels’ proposal for an ethics of collective coresponsibility. In conclusion, I will advocate that only a further social evolution of the systems of science, economy and law will (...) enable a possible institutionalization of collective co-responsibility by means of a new innovation paradigm: responsible innovation. (shrink)

This article examines one way institutionalized sexism operates in the university setting by examining the gender roles and gender hierarchies implicit in (allegedly gender-neutral) university tenure and promotion policies. Current working assumptions regarding (1) what constitutes good research, teaching, and service and (2) the relative importance of each of these endeavors reflect and perpetuate masculine values and practices, thus preventing the professional advancement of female faculty both individually and collectively. A gendered division of labor exists within (as outside) the contemporary (...) academy wherein research is implicitly deemed "men's work" and is explicitly valued, whereas teaching and service are characterized as "women's work" and explicitly devalued. (shrink)

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

This paper examines Pierre Hadot’s philosophy as a way of life in the context of race. I argue that a “way of life” approach to philosophy renders intelligible how anti-racist confrontation of racist ideas and institutionalized white complicity is a properly philosophical way of life requiring regulated reflection on habits – particularly, habits of whiteness. I first rehearse some of Hadot’s analysis of the “way of life” orientation in philosophy, in which philosophical wisdom is understood as cultivated by actions which (...) result in the creation of wise habits. I analyze a phenomenological claim about the nature of habit implied by the “way of life” approach, namely, that habits can be both the cause and the effect of action. This point is central to the “way of life” philosophy, I claim, in that it makes possible the intelligent redirection of habits, in which wise habits are more the effect than simply the cause of action. Lastly, I illustrate the “way of life” approach in the context of anti-racism by turning to Linda Martín Alcoff’s whiteness anti-eliminativism, which outlines a morally defensible transformation of the habits of whiteness. I argue that anti-racism provides an intelligible context for modern day forms of what Hadot calls “spiritual exercises” insofar as the “way of life” philosophy is embodied in the practice of whites seeing themselves seeing as white and seeing themselves being seen as white. (shrink)

Many researchers experiment with participatory settings to increase public engagement in research and innovation (R&I). Because of their temporary nature, it often remains unclear how such participatory experiments can contribute to structural change. This paper empirically explores options for bridging this gap. It analyzes how participants can be supported to act as institutional entrepreneurs to actively promote public engagement in R&I. To draw lessons, we analyze empirical material gathered on nineteen Social Labs which were set up to promote the uptake (...) of Responsible Research and Innovation in a European R&I funding program (Horizon 2020). Involvement of motivated participants, insight in their institutional context, and specific methods and management choices that enhance a sense of agency are identified as essential for organizing change. These findings and the resulting framework of interventions may prove valuable for further (action) research into the institutionalization of public engagement in R&I. (shrink)

This paper explores the confrontation of physical and contextual factors involved in the emergence of the subject of color measurement, which stabilized in essentially its present form during the interwar period. The contentions surrounding the specialty had both a national and a disciplinary dimension. German dominance was curtailed by American and British contributions after World War I. Particularly in America, communities of physicists and psychologists had different commitments to divergent views of nature and human perception. They therefore had to negotiate (...) a compromise between their desire for a quantitative system of description and the perceived complexity and human-centeredness of color judgement. These debates were played out not in the laboratory but rather in institutionalized encounters on standards committees. Groups such as this constitute a relatively unexplored historiographic and social site of investigation. The heterogeneity of such committees, and their products, highlight the problems of identifying and following such ephemeral historical 'actors'. (shrink)

Paper given at the 20th Biennial Meeting of the Hegel Society of America, University of South Carolina, October 24-26, 2008 -/- The local problem of the soul-body relation can be grasped only against the global background of the relation between Nature and Spirit. This relates to Hegel's naturalism: the idea that there is one single reality - living reality - and different levels of description of it. This implies, moreover, that it is possible to ascribe some form of naturality also (...) to the social body of institutionalized ethical life. Hegel’s position can thus be characterised as a kind of aristotelian social naturalism: this, at bottom, is the combined meaning of the Hegelian theses that soul is the substance of Spirit, and habit its universal form. (shrink)

Following the recent practice turn in privacy research, informational privacy is increasingly analyzed with regard to the “appropriate flow of information” within a given practice, which preserves the “contextual integrity” of that practice (Nissenbaum, 2010, p. 149; 2015). Such a practice-theoretical take on privacy emphasizes the normative structure of practices as well as its structural injustices and power asymmetries, rather than focusing on the intentions and moral considerations of individual or institutional actors. Since privacy norms are seen to be institutionalized (...) via the role obligations of the practice's participants, this approach can analyze structural and systematic privacy infringements in terms of “defective role performances and defective social relations” (Roessler & Mokrosinska, 2013, p. 780). -/- Unfortunately, it is still often somewhat unclear what this exactly means within the context of informational privacy, why these performances and relations are defective and for whom. This raises the common objection of a so-called “practice positivism” (Applbaum, 1999, p. 51), that is, the difficulty of practice–theoretical accounts to take a practice-independent standpoint, from which to normatively evaluate the existing practice norms themselves. For example, Nissenbaum herself initially argues for a “presumption in favor of the status quo” with respect to the appropriateness and flow of privacy norms within a practice (Nissenbaum, 2004, p. 127). Such a “practice conservatism” (Nissenbaum, 2010, p. 169) comes dangerously close to committing a naturalistic fallacy, if not undergirded by practice-external criteria (which is ultimately what she does). -/- Merely resorting to existing practice norms to assess what defective role performances amount to, only shifts the question from how to recognize an appropriate flow of information to the question of how to recognize those defective role performances and social relations. Against this backdrop, the central aim of this article is to shed light on this question without resorting to practice-independent first principles or far-reaching universalistic anthropological assumptions. For this, I will analyze the notion of “defective role performances and social relations” in terms of social pathologies.1 Doing so has two advantages: First of all, it can draw on already existing concepts and distinctions, which help to categorize the different levels of analysis that exist in informational privacy research and situate the notion of “defective role performances” within them (Section 1). Second, those concepts and distinctions can serve as a basis for establishing a typology of phenomena with regard to deficient practices of informational privacy (Section 4). (shrink)

This article engages the analogy of Palestine/Israel to apartheid South Africa, and probes the political imaginary that contours this discussion while explicating the circumstances of its emergence. Accordingly, it contends that apartheid is not merely a system of institutionalized separation; rather, it organizes the facts and reality of separation(s) within a frame and against a background unity that effectively allows it to be perceived as such. To that end, the article explores four key factors that created background unity in apartheid (...) South Africa: labor relations; political theology; role of language; and geo-political unit(y), and scrutinizes their political and experiential ramifications in Palestine/Israel. (shrink)

This paper examines the particular relevance of feminist critiques of epistemic authority in contexts of institutionalized violence. Reading feminist criticism of “experts” together with theorists of institutionalized violence, Stone-Mediatore argues that typical expert modes of thinking are incapable of rigorous knowledge of institutionalized violence because such knowledge requires a distinctive kind of thinking-within-discomfort for which conventionally trained experts are ill-suited. The author demonstrates the limitations of “expert” modes of thinking with reference to writings on the Iraq war by Michael Ignatieff (...) and Fouad Ajami. Finally, the author turns to a newly active group of epistemic agents—anti-war relatives of soldiers--to examine the role that undervalued epistemic traits can play in knowledge of war and other forms of structural violence. (shrink)

This paper discusses the discursive nexus of ‘the people’ drawing from the mediatisation and institutionalisation of Brexit. It focuses on how metadiscourses of popular sovereignty have been instrumental in the legitimation of Brexit and on how such discourses are now more widely echoed in different populist and nativist political projects across Europe that are seeking consensus through a delegitimation of the EU. The discussion draws attention to the emergence of counter discourses of the people but also to the structural conditions (...) that prevent or limit the consolidation of robust transnational forms of European citizenry. This scenario will arguably define the next European elections as a critical juncture where the legitimacy of the European project will be contested in the name of different ‘peoples’ and ‘values’. (shrink)

Can taxation and the redistribution of wealth through the welfare state be conceived as a modern system of circulation of the gift? But once such a gift is institutionalized, regulated and sanctioned through legal mechanisms, does it not risk being perverted or corrupted, and/or not leaving room for genuinely altruistic motives? What is more: if the market’s utilitarian logic can corrupt or ‘crowd out’ altruistic feelings or motivations, what makes us think that the welfare state cannot also be a source (...) of corruption? To explain the standard answers to the abovementioned questions as well as their implications I will first re-examine two opposing positions assumed here as paradigmatic examples of other similar positions: on the one hand, Titmuss’s work and the never-ending debate about it; on the other, Godbout’s position, in-so-far as it shows how Titmuss’s arguments can easily be turned upside down. I will then introduce and reinterpret Einaudi’s “critical point” theory as a more complex and richer anthropological explanation of the problems and answers considered herein. Through the analysis of these paradigmatic positions I will develop two interrelated arguments. 1) The way these problems are posed as well as the standard answers to them are: a) subject to fallacies: the dichotomy fallacy and the fallacy of composition; b) too reductive and simplistic: we should at least try to clarify what kind of ‘gift’ or ‘corruption’ we are thinking about, and who or what the ‘giver’, the ‘corrupter’, the ‘receiver’ and/or the ‘corrupted’ party are. 2) The answers to these problems cannot be found by merely following a theoretical approach, nor can they be merely based on empirical evidence; instead, they need to take into account the forever troublesome, ambiguous and unpredictable matter of human freedom. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...) luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

The medical use of computing and information and communication technologies (ICTs) has a history of several decades, but the emergence of the internet, and especially the web and social media, created a new situation. As a result, currently the term eHealth is widely used – and the usage of the internet (and mobile) “technologies” in healthcare (among the patients and professionals, too) tends to be usual practice. There are more and more signs of the institutionalization of this new sub-disciplinary (...) field of medicine, such as social organizations, healthcare institutes, scientific journals, regular conferences, etc. In this paper, collecting the most relevant developments we will try to characterize this state of affairs in the field. Moreover, as it is well-known, the use of the internet has an enormous impact on society, social systems and subsystems, and even on the everyday life of people. This extended practice also influences medicine and healthcare as social subsystems, and fundamentally transforms some of their characteristics. In this paper, we try to show several important dimensions of these changes. (shrink)

"This essay focuses on the third play in the Oresteia trilogy, the Eumenides. Telech provides a compelling reinterpretation of Nietzsche’s reading of Aeschylus's masterpiece, saving the reading from the complaint that it oversimplifies and sentimentalizes the Oresteia by celebrating the triumph of a modern and liberal understanding of law's rationalist virtues over customary and traditional forms. Telech provides an alternative Nietzschean reading that is consistent with Nietzsche's own, that reintroduces passion and irrationality into the trial and sentencing of Orestes, refrains (...) from romanticizing law, and along the way makes a case for institutionalizing a role for mercy in contemporary legal processes." (OUP abstract). (shrink)

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

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

Schools, colleges, and universities have become homogenizing systems that are almost exclusively focused on imposing a pre-ordered curricula through exams and grades or tight research lines. In the process, they are killing passion, creativity, and individuals’ potential and skills. Ultimately, schools and academia make up a system that serves a collective machinery but suffocates individual growth. This state of affairs is not a necessary evil. Learning, discovering and teaching can be a natural, spontaneous and luminous expressions of a free and (...) progressive growth if they are allowed to be practiced in an appropriate environment. This is a ‘manifesto’ for a Free-Progress-Education (FPE) paradigm according to which the best way of learning, acquiring knowledge, and doing research comes through a process of free self-directed learning, and a progress of self-unfoldment and self-discovery, that must be guided from within. In schools, colleges, universities and beyond. A FPE learning centre would be expected to foster curiosity, intuition, self-directed-learning in diversity, and, especially, wholesome respect for the practice of complete and responsible freedom of individual expression.FPE goes beyond the standard paradigm of unschooling or the pedagogical approach of democratic schools since it includes self-directed-education that can also work in high schools, colleges, universities, and research centres. It iAfter a brief introductory presentation, a personal preamble of the author describes his experiences with institutionalized learning from childhood to the doctoral dissertation and in a high school as a teacher. Then, the roots of the stagnant state of education will be investigated which is still based on an industrial and mechanistic mindset, and is perceived with increasing dissatisfaction. While analysing the detrimental effects that a managerial and industrial mentality has had on the education and intellectual growth of several generations, we will take as an example the deficiencies of the so-called big science, i.e. of the modern, large-scale scientific initiatives. Surveying past and present learning approaches such as the interesting renaissance of homeschooling and welcoming new trends such as unschooling or democratic education, the second part of this book looks beyond these paradigms searching for a wider spirit of education. It is emphasized that no reform is possible inside the current school and university paradigm, because it is in its essence an authoritarian system that won't allow itself to be dismantled from within. The last part of this book focuses upon a brief set of alternative proposals, which aim at overcoming the centuries-old shortcomings of the present educational system, by favouring intrinsic over extrinsic motivation. Preliminary practical ideas are put forward on what a free-progress learning community might look like, and what the first steps for its realization might be. It is explained there why it is only through a change from the ground up that the certificate-oriented educational system can transform itself into a project-oriented, self-organized, competence-portfolio based one, with no exams, grades, degrees, or other administrative trammels. At the same time, it must be made clear that the ultimate aim of doing away with the present system of assessment criteria would be to install a much deeper and articulated paradigm shift than some superficial reform and even beyond the actually undeveloped democratic education concept which still falls short beyond high-school level. What is visualized is an evolutionary pedagogical perspective, compared to the conventional one, and presented as the necessary condition for a 'Copernican approach' to education. Only after that perspective has been realized can new competences, curiosity, intuition, and real forms of creative learning return to flourish in schools and academia. (shrink)

The nuclear engineer emerged as a new form of recognised technical professional between 1940 and the early 1960s as nuclear fission, the chain reaction and their applications were explored. The institutionalization of nuclear engineering channelled into new national laboratories and corporate design offices during the decade after the war, and hurried into academic venues thereafter proved unusually dependent on government definition and support. This paper contrasts the distinct histories of the new discipline in the USA and UK (and, more (...) briefly, Canada). In the segregated and influential environments of institutional laboratories and factories, historical actors such as physicist Walter Zinn in the USA and industrial chemist Christopher Hinton in the UK proved influential in shaping the roles and perceptions of nuclear specialists. More broadly, I argue that the State-managed implantation of the new subject within further and higher education curricula was shaped strongly by distinct political and economic contexts in which secrecy, postwar prestige and differing industrial cultures were decisive factors. (shrink)