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

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)

In this paper, I present a game-theoretic solution to the rule-following paradox in terms of what I will call basic constitutive practices. The structure of such a practice P constitutes what it is to take part in P by defining the correctness conditions of our most basic concepts as those actions that lie on the correlated equilibrium of P itself. Accordingly, an agent S meant addition by his use of the term ‘+’ because S is taking part in a basic (...) constitutive practice of adding where quus-like answers are ruled out by not lying on the equilibrium. The resulting picture of language will preserve the objectivity and correctness conditions of meaning, all the while providing room for the community as a whole to make a mistake. I also argue that by accepting the account presented, we have a strong reason to reject the idea that language is rule-governed. (shrink)

I address the question of whether naturalism can provide adequate means for the scientific study of rules and rule-following behavior. As the term "naturalism" is used in many different ways in the contemporary debate, I will first spell out which version of naturalism I am targeting. Then I will recall a classical argument against naturalism in a version presented by Husserl. In the main part of the paper I will sketch a conception of rule-following behavior that is influenced by (...) Sellars and Haugeland. I will argue that rule-following is an essential part of human nature and insist in the social dimension of rules. Moreover, I will focus on the often overlooked fact that genuine rule-following behavior requires resilience and presupposes an inclination to calibrate one's own behavior to that of the other members of the community. Rule-following, I will argue, is possible only for social creatures who follow shared rules, which in turn presupposes a shared (first-person plural) perspective. This implies, however, that our scientific understanding of human nature has to remain incomplete as long as it does not take this perspective, which prima facie seems alien to it, into account. (shrink)

It is often argued that inferential role semantics (IRS) entails semantic holism as long as theorists fail to answer the question about which inferences, among the many, are meaning-constitutive. Since analyticity, as truth in virtue of meaning, is a widely dismissed notion in indicating which inferences determine meaning, it seems that holism follows. Semantic holism is often understood as facing problems with the stability of content and many usual explanations of communication. Thus, we should choose between giving up IRS, to (...) avoid these holistic entailments, and defending holism against this charge, to rescue IRS. I try to pursue the second goal by analyzing certain patterns of counterfactual reasoning. Wilfrid Sellars and Robert Brandom claim that, to defend IRS, content-constitutive inferences are those counterfactually robust. While it is difficult to assess the goodness of such a view, it nonetheless entails that counterfactually non-robust inferences (which I call “modally ruled out inferences”) are not content-constitutive. If this is true, and if we take certain remarks about the grasp of concepts on board, there is a way to restrict the scope of the holism entailed by IRS to the extent of reshaping problems with the stability of content. (shrink)

Alberto Coffa used the phrase "the Copernican turn in semantics" to denote a revolutionary transformation of philosophical views about the connection between the meanings of words and the acceptability of sentences and arguments containing those words. According to the new conception resulting from the Copernican turn, here called "the Copernican view", rules of use are constitutive of the meanings of words. This view has been linked with two doctrines: (A) the instances of meaning-constitutive rules are analytically and a (...) priori true or valid; (B) to grasp a meaning is to accept its rules. The pros and cons of different versions of the Copernican view, ascribable to Wittgenstein, Carnap, Gentzen, Dummett, Prawitz, Boghossian and other authors, will be weighed. A new version will be proposed, which implies neither (A) nor (B). (shrink)

The purpose of this paper is to describe how judges engage in constitutional design, irrespective of legal tradition. I examine in great detail the role of the judge: as a conflict solver, as a member of an institution, as part of the political system and as a human being, for those are factors that intervene in the activities he makes. I later analyze the dynamics that a Constitution can have: the change in their structure conceptualized as interpretation, mutation and resistance (...) and their relation. Interpretation is the determination of the scope of a norm, mutation is the change of meaning without amendment and resistance is a concept that bridges the first two, which is the capacity of the constitutional rule to adapt to the political game and to assume mutations. Finally, these concepts are intertwined in order to show how judges by means of their function, (re)design the Constitution by means of adjudication and policymaking (rule issuance by the stating of precedent). (shrink)

Anandi Hattiangadi packs a lot of argument into this lucid, well-informed and lively examination of the meaning scepticism which Kripke ascribes to Wittgenstein. Her verdict on the success of the sceptical considerations is mixed. She concludes that they are sufficient to rule out all accounts of meaning and mental content proposed so far. But she believes that they fail to constitute, as Kripke supposed they did, a fully general argument against the possibility of meaning or content. Even though we are (...) not now in a position to specify facts in which meaning consists, the view that there are such facts, and more specifically that they satisfy the intuitive conception of meaning which she labels ‘semantic realism’, remains a live option. Moreover, given.. (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)

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)

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought (...) to copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

This thesis is an interrogation of the viability of transitive production, which I associate with the Aristotelian term hylomorphic. The central axiom of hylomorphic production that will be targeted for critique is that the agent of production must be distinguished absolutely from the product. The thesis follows the thought of production primarily-but not exclusively-in its characteristically modem instantiation in the Kantian transcendental. The argument seeks to demonstrate that the productive aspect of the operator of transitive production is incompatible with the (...) transcendental element, and that Kant was himself increasingly aware of this problem. The Third Critique, under the rubric of an aesthetics, it will be argued, manifests this awareness in its problematic of a manifold of empirical laws. That this constitutes a difficulty for transcendent idealism means that the transcendental operators of the First Critique have failed to constitute experience in a relevant and important way. Furthermore, it is possible to see in some of the famous slogans of the Third Critique, an indication of another mode of production which is immune to the difficulties of the axiom of transitive production. In conclusion I suggest that the consequences of this new mode of intransitive production, associated with materiality, is destructive of the thought of the axiomatic otherworldliness of production operators. Production is not operated at all. Some suggestions are then made as to the explanation of the error embodied in the axiom of transitivity. (shrink)

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

This thesis is a critical and comparative study of four commentators on the later Wittgenstein’s rule following considerations. As such its primary aim is exegetical, and ultimately the thesis seeks to arrive at an enriched understanding of Wittgenstein’s work through the distillation of the four commentators into what, it is hoped, can be said to approach a definitive interpretation, freed of their individual frailties. -/- The thesis commences by explicating the position of Kripke’s Wittgenstein. He draws our attention to the (...) ‘sceptical problem’ of how we are to resolve the apparently paradoxical situation that whilst we seem to use language meaningfully, there is no fact about us that constitutes our meaning one thing as opposed to something else, and consequently the possibility of our actually meaning anything seems to evaporate. Kripke interprets Wittgenstein as accepting the validity of the sceptical problem, but seeking to establish that the force of the problem is radically diminished because the justification which it has shown to be unobtainable is actually unnecessary for rule following to take place. -/- McDowell tries to show that Kripke is mistaken when he views Wittgenstein as endorsing scepticism in this way, because he sees Kripke as failing to appreciate a section of Philosophical Investigations which suggests that one ought to reject the sceptical paradox by correcting the misunderstanding which gives rise to it. McDowell reads Wittgenstein’s claim as being that we mistakenly think we are caught in a dilemma which requires us either to endorse the sceptical paradox or to subscribe to a mythological picture of rule following; whereas, so the thought goes, we must reject the entire dilemma. -/- Although McDowell’s criticism of Kripke is essentially correct, he is motivated to that criticism by an incorrect reading of Wittgenstein. Central to this misinterpretation is his failure to note Wittgenstein’s belief that universal scepticism is nonsensical. Winch does much to flesh out the nature of Wittgenstein’s claim here, although he makes the mistake of attributing to Kripke that position which the latter finds in Philosophical Investigations. Despite inheriting this error from Winch, Diamond nonetheless improves on his attempt to characterize the shortcomings of Kripke’s reading as an interpretation of Wittgenstein, enabling the thesis to reach a conclusion about Wittgenstein’s understanding of rule following. (shrink)

English Abstract: Through the presentation of the history of social justice in global constitutional discourse, this article aims to demonstrate that, although in Colombia there is not a constitutionalized purpose or principle of social justice, as in other countries, the modern notion of distributive justice, also called social justice today, is implicit in the Constitution of 1991 because it enshrined as mandatory rules the three main elements of its meaning at the time of its promulgation: the principle of social (...) rule of law, the principle of human dignity and the right to a material equality. Thus, in Colombia social justice must not be understood in the Aristotelian sense of distributive justice but in accordance with these three elements, and can only be achieved if they are fulfilled. -/- Spanish Abstract: Mediante la presentación de la historia de la justicia social en el discurso constitucional global, este artículo pretende demostrar que, a pesar de no existir en Colombia, como en otros países, un valor o principio constitucional de justicia social, la noción moderna de justicia distributiva, también llamada hoy justicia social, se encuentra implícita en la Constitución de 1991 porque esta consagró como normas obligatorias los tres elementos principales de su significado en el tiempo en el que fue promulgada: el principio de Estado Social de Derecho, el principio de dignidad humana y el derecho a una igualdad material. Así pues, la justicia social debe entenderse en Colombia a partir de esos tres elementos, no según el sentido aristotélico de justicia distributiva, y sólo puede ser alcanzada si ellos se cumplen. (shrink)

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

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.

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

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

According to an influential hypothesis, the speech act of assertion is subject to a single 'constitutive' rule, that takes the form: "One must: assert that p only if p has C". Scholars working on assertion interpret the assumption that this rule is 'constitutive' in different ways. This disagreement, often unacknowledged, threatens the foundations of the philosophical debate on assertion. This paper reviews different interpretations of the claim that assertion is governed by a constitutive rule. It argues that once we understand (...) the full import of assuming that assertion is governed by a constitutive rule, it becomes clear that some fundamental assumptions of the current debate are mistaken, and others unwarranted. (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)

El presente trabajo es un estudio del libro de Martin Kusch acerca den las tesis sostenidas en "Wittgenstein on Rules and Private Language" (WRPL) por Saul Kripke examinado a la luz de la controversia desatada por la publicación del mismo en 1982, una de las más intensas que han ocurrido en los últimos 25 años en el seno de la filosofía analítica. En nuestro estudio procedemos en tres etapas. En la primera, presentaremos el desafío del Wittgenstein de Kripke de (...) una manera lo más neutral que podemos. En la segunda, presentaremos las características más notables trabajo de Kusch. En la tercera parte rebasamos los límites más estrictos de un comentario crítico para proponer una hipótesis propia acerca de la manera en la que la interpretación de Kusch permite comprender el vínculo de la propuesta de Kripke con la discusión clásica acerca del lenguaje privado como así también la discusión clásica permite realizar algunas observaciones críticas acerca de la propuesta de Kusch. (shrink)

Several authors have recently argued that intelligibility, rather than value, constitutes life’s meaning. In this paper I criticize the intelligibility view by offering examples of cases in which i...

In the theory of meaning, it is common to contrast truth-conditional theories of meaning with theories which identify the meaning of an expression with its use. One rather exact version of the somewhat vague use-theoretic picture is the view that the standard rules of inference determine the meanings of logical constants. Often this idea also functions as a paradigm for more general use-theoretic approaches to meaning. In particular, the idea plays a key role in the anti-realist program of Dummett (...) and his followers. In the theory of truth, a key distinction now is made between substantial theories and minimalist or deflationist views. According to the former, truth is a genuine substantial property of the truth-bearers, whereas according to the latter, truth does not have any deeper essence, but all that can be said about truth is contained in T-sentences (sentences having the form: ‘P’ is true if and only if P). There is no necessary analytic connection between the above theories of meaning and truth, but they have nevertheless some connections. Realists often favour some kind of truth-conditional theory of meaning and a substantial theory of truth (in particular, the correspondence theory). Minimalists and deflationists on truth characteristically advocate the use theory of meaning (e.g. Horwich). Semantical anti-realism (e.g. Dummett, Prawitz) forms an interesting middle case: its starting point is the use theory of meaning, but it usually accepts a substantial view on truth, namely that truth is to be equated with verifiability or warranted assertability. When truth is so understood, it is also possible to accept the idea that meaning is closely related to truth-conditions, and hence the conflict between use theories and truth-conditional theories in a sense disappears in this view. (shrink)

This essay claims that ‘access to justice’ has erroneously been assumed to be synonymous with invisible concepts instead of access to a lawyer’s language. The Paper outlines how a language concerns the relation between signifiers, better known as word-images, on the one hand, with signfieds, better known as concepts, on the other. The signifieds are universal, artificial and empty in content. Taking the Canadian Charter of Rights and Freedoms as an example, officials have assumed that Charter knowledge has involved signifieds (...) (such as rules, principles, doctrines and tests) as if the signifiers were transparent. But any one signifier differs from another signifier without the lawyer ever accessing the invisible signifieds. Ironically, although the lawyer, law professor or law student believes that s/he is studying legal ‘practice’ and although legal knowledge has been considered a matter of signified concepts, the knowledge has really concerned the differentiating relations of signifiers. As a consequence, the moment of accessing the concepts (signifieds) has been forever deferred. ‘Access to justice’ has become access to the special language of signifiers, a language which lawyers alone are privileged to enforce. Turning to the Charter, lawyers claiming to know the special Charter language became indispensable to social life. Even the meaning-constituting human subject became a signifier, better known as ‘the legal person’ defined by Charter rights. Charter language, however, has deferred an access to the invisible concepts such as ‘freedom’ or ‘democracy’, terms in Section of the text. Access to justice’ has become access to the language of the privileged class of lawyers. The lawyer’s language has become a theoretical language in the name of access to justice. And yet, because the theoretical language has been propagated as concerned with ‘practice’, it has been difficult to challenge the social-cultural content of the language of lawyers. (shrink)

On Bernard Suits’s celebrated analysis, to play a game is to engage in a ‘voluntary attempt to overcome unnecessary obstacles’. Voluntariness is understood in terms of the players having the ‘lusory attitude’ of accepting the constitutive rules of the game just because they make possible playing it. In this paper I suggest that the players in Netflix’s hit show Squid Game play the ‘squid games’, but they do not do so voluntarily; they are forced to play. I argue that (...) this means that we should rethink Suits’s analysis by claiming that all that is needed for players to play is that someone has put the rules in force for them for the reason that it makes playing the game possible. I then illustrate the virtues of the revised analysis by showing how it helps us to defuse Hurka’s recent counterexamples to Suits’s view. (shrink)

This book concerns the metasemantics of quantum mechanics (QM). Roughly, it pursues an investigation at an intersection of the philosophy of physics and the philosophy of semantics, and it offers a critical analysis of rival explanations of the semantic facts of standard QM. Two problems for such explanations are discussed: categoricity and permanence of rules. New results include 1) a reconstruction of Einstein's incompleteness argument, which concludes that a local, separable, and categorical QM cannot exist, 2) a reinterpretation of (...) Bohr's principle of correspondence, grounded in the principle of permanence, 3) a meaning-variance argument for quantum logic, which follows a line of critical reflections initiated by Weyl, and 4) an argument for semantic indeterminacy leveled against inferentialism about QM, inspired by Carnap's work in the philosophy of classical logic. (shrink)

Abstract: It deals with the question of what a moral judgment is. On the one hand, a satisfactory theory of moral judgments must take into account the descriptive character of moral judgments and the realistic language of morals. On the other hand, it must also meet the non-descriptive character of moral judgments that consists in the recommending or condemning element and in the fact that normative statements are derived from moral judgments. However, cognitivism and emotivism or “normativism” are contradictory theories: (...) If moral judgments are descriptive, it is not possible to deduce norms from them. But if one can deduce norms from moral judgments, they are not descriptive. As a solution to this problem, the paper suggests that moral judgments represent institutional facts; the corresponding theory is moral institutionalism. A moral institutional fact – “an act X is Y”, Y” means “morally right” or “morally false” – is a hybrid of descriptive and prescriptive elements: It is stating a fact in descriptive language (“is”) and at the same time, it is short for the prescriptive constitutive rule “X is Y according to the moral rules of the language community C”. Institutional facts contain normative presuppositions without letting them appear in their grammatical form. Institutional facts are now (in relation to the language community C) objective and intersubjective and they can be generalized (cognitive aspect), although they cannot be reduced to brute physical or psychological facts, and it is also possible to deduce norms from them because they are built into them. The meta-ethical concept of moral institutionalism, which is evolved further in the paper, preserves the best intentions of emotivism and cognitivism without leading to contradiction. As a by-product, the article shows exactly the error in J. R. Searle’s alleged counterexample against the so-called naturalistic fallacy from “is” to “ought”. This lies in the normative “are” of the analytic premise or definition in “2a. All promises are [that is ought to be] acts of placing oneself under (undertaking) an obligation to do the thing promised”. In “Key concepts in philosophy”, Sankt Augustin 2015, institutionalism is explained further (p.184-191) and confined to what Hegel has called “Sittlichkeit” that is customary morality in in distinction to the “morality” of my personal consciousness (p.212-213):. (shrink)

It deals with the question of what a moral judgment is. On the one hand, a satisfactory theory of moral judgments must take into account the descriptive character of moral judgments and the realistic language of morals. On the other hand, it must also meet the non-descriptive character of moral judgments that consists in the recommending or condemning element and in the fact that normative statements are derived from moral judgments. However, cognitivism and emotivism or “normativism” are contradictory theories: If (...) moral judgments are descriptive, it is not possible to deduce norms from them. But if one can deduce norms from moral judgments, they are not descriptive. As a solution to this problem, the paper suggests that moral judgments represent institutional facts; the corresponding theory is moral institutionalism. A moral institutional fact – “an act X is Y”, Y means “morally right” or “morally false” – is a hybrid of descriptive and prescriptive elements: It is stating a fact in descriptive language (“is”) and at the same time, it is short for the prescriptive constitutive rule “X is Y according to the moral rules of the language community C”. Institutional facts contain normative presuppositions without letting them appear in their grammatical form. Institutional facts are now (in relation to the language community C) objective and intersubjective and they can be generalized (cognitive aspect), although they cannot be reduced to brute physical or psychological facts, and it is also possible to deduce norms from them because they are built into them. The meta-ethical concept of moral institutionalism, which is evolved further in the paper, preserves the best intentions of emotivism and cognitivism without leading to contradiction. As a by-product, the article shows exactly the still undetected error in J. R. Searle’s alleged counterexample against the so-called naturalistic fallacy from “is” to “ought”. This lies in the normative “are” of the analytic premise or definition in “2a. All promises are [that is ought to be] acts of placing oneself under (undertaking) an obligation to do the thing promised”. (shrink)

John Searle has proposed one of the most influential contemporary accounts of social ontology. According to Searle, institutional facts are created by the collective assignment of a specific kind of function —status-function— to pre-existing objects. Thus, a piece of paper counts as money in a certain context because people collectively recognize it as money, and impose a status upon it, which in turn enables that piece of paper to deliver certain functions (means of payment, etc.). The first part of this (...) essay presents Searle’s theory of social ontology and summarizes his views on money. The second part centers on criticisms of his views and compares his theory with its main competitors, including the theories of Tuomela, Guala and Hindriks, and Smit, Buekens and Duplessis. The conclusion attempts to see what may remain of Searle’s theory after careful examination. (shrink)

This article responds to a case-based argument by Mark Richard that rule of reference is not essential to meaning. It objects that the argument requires shifting between understanding the relevant term in the case, ‘marriage,’ as a determinable, in order to support one premise, and a determinate, in order to support another. On no univocal interpretation can both premises be made true.

What I want to point out is the “meaning change” that Friedman ascribes to terms and principles, which he calls a priori, in the transition from the old framework to the new: -/- 'This captures the sense, in particular, in which there has indeed been a ”meaning change” in the transition from the old framework to the new: even if the same terms and principles reappear in the new framework they do not have the same meaning they had in the (...) old' (Friedman 2001, p. 99, ft. 37). -/- Following Friedman, we should admit that the same words possess different meanings in different frameworks. In fact, terms and principles that are empirical in an old framework may shift to constitutive status in the new framework, and vice- versa. If Friedman’s account seemed to entrust the prospective rationality of science to constitutive a priori principle, the notion of meaning change suggests instead that Friedman’s argument upholds the Kuhnian account of incommensurability, while we were expecting he aimed to mitigate it. As he clearly states in the passage to follow: -/- 'The later framework is not translatable into the earlier framework, of course, simply because the concepts used in formulating the later framework have not yet come into existence' (Friedman 2001, pp. 98-99). -/- Friedman’s account purports to emphasize that a transition from empirical laws to principles, and vice-versa, should imply a conceptual shift. But is “meaning change” the appropriate expression that may describe such a conceptual shift? What does the word “concept” mean for Friedman? How are concepts related to the meaning of terms? What does the “meaning” mean in Friedman’s view? What is the relation between terms and theories? Does theory change entail a meaning change of scientific terms, that is, do terms determine theory change (i.e. difference in theories is ipso facto difference in terms)? Recently, some specialists (Tsou 2010, for instance) have stressed Friedman’s notion of constitutive a priori principle in light of Putnam’s positive account of apriority. Friedman's and Putnam’s notions of relativized a priori are presented as similar insofar as they both affirm the existence of principles in science, which are revisable and relativized to a particular body of knowledge. However, the similarities do not take into account that Friedman ascribed a meaning change to coordinating principles that are constitutive of the new framework. Could Putnam subscribe such a meaning change? This paper aims to analyse Friedman’s notion of constitutive a priori principle in relation to the problem of meaning change by taking into account Putnam’s theory of meaning and his notion of framework principle. (shrink)

In the middle of the 20th century, it was a common Wittgenstein-inspired idea in philosophy that for a linguistic expression to have a meaning is for it to be governed by a rule of use. In other words, it was widely believed that meanings are to be identified with use-conditions. However, as things stand, this idea is widely taken to be vague and mysterious, inconsistent with “truth-conditional semantics”, and subject to the Frege-Geach problem. In this paper I reinvigorate the ideas (...) that meaningfulness is a matter of being governed by rules of use and that meanings are best thought of in terms of use-conditions. I will do this by sketching the Rule-Governance view of the nature of linguistic meaningfulness, showing that the view isn’t by itself subject to the two problems, and explain why the idea has had a lasting appeal to philosophers from Strawson to Kaplan and why we should find it continually attractive. (shrink)

‘Rule-following’ is a name for a cluster of phenomena where we seem both guided and “normatively” constrained by something general in performing particular actions. Understanding the phenomenon is important because of its connection to meaning, representation, and content. This article gives an overview of the philosophical discussion of rule-following with emphasis on Kripke’s skeptical paradox and recent work on possible solutions. Part I of this two-part contribution is devoted to the basic issues from Wittgenstein to Kripke. Part II will be (...) about recent answers to the skeptical paradox and Boghossian’s and Wright’s new puzzles. (shrink)

In the proof-theoretic semantics approach to meaning, harmony , requiring a balance between introduction-rules (I-rules) and elimination rules (E-rules) within a meaning conferring natural-deduction proof-system, is a central notion. In this paper, we consider two notions of harmony that were proposed in the literature: 1. GE-harmony , requiring a certain form of the E-rules, given the form of the I-rules. 2. Local intrinsic harmony : imposes the existence of certain transformations of derivations, known as (...) reduction and expansion . We propose a construction of the E-rules (in GE-form) from given I-rules, and prove that the constructed rules satisfy also local intrinsic harmony. The construction is based on a classification of I-rules, and constitute an implementation to Gentzen’s (and Pawitz’) remark, that E-rules can be “read off” I-rules. (shrink)

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

The paper defends the argument that the Resemblance Paradox (RP), or the problem of the ‘under-determination of meaning’, and the Rule-Following Paradox (RFP) are two sides of the same paradox threatening meaning from opposite extremes. After presenting the case, the paradox is reconsidered anew and the supposition that the threat is a pervasive one is challenged.

According to the received view the later Wittgenstein subscribed to the thesis that speaking a language requires being guided by rules (thesis RG). In this paper we question the received view. On its most intuitive reading, we argue, (RG) is very much at odds with central tenets of the later Wittgenstein. Giving up on this reading, however, threatens to deprive the notion of rule-following of any real substance. Consequently, the rule-following considerations cannot charitably be read as a deep and (...) subtle defense of (RG) against the threat of paradox, as proponents of the received view are wont to do. Instead, we argue, the rule-following considerations provide Wittgenstein's deep and subtle reasons for rejecting the very idea that speaking a language involves rule-guidance. Although Wittgenstein subscribed to (RG) during his middle period writings, his later remarks on rules, far from being a clarification and elaboration of his earlier views, are directed against the claim of the middle period that speaking a language is an essentially rule-guided activity. (shrink)

Since 1968, the irreversible loss of functioning of the whole brain, called brain death, is assimilated to individual’s death. The almost universal acceptance of this neurological criterion of death had decisive consequences for the contemporary medicine, such as the withdrawal of mechanical ventilation in these patients and organ retrieval for transplantation. The new criterion was successfully accepted in part because the assimilation of brain death state to death was presented by medicine --and acritically assumed by most of societies-- as a (...) scientific and objective fact. Nevertheless, many people do not think that the patients suffering brain death are actually dead. We show here that those people are not necessarily wrong. It can be argued that, in fact, the justification of the neurological criterion is not scientific but moral. We outline the thesis that the problem surrounding the vital status of brain dead patients is due to a confusion between factual and normative questions. Furthermore, we claim that the donation of organs and the withdrawal of life-support could be ethically acceptable even if the patients suffering brain death are considered as alive. As an alternative to the dead donor rule, we propose a justification for organ donation of brain-dead patients based on the (moral) concepts of harm and consent : what truly justifies the procurement of organs on those patients is not that they are dead, but that they wish to donate their organs and that, since they have irreversibly lost their brain, they cannot be harmed. (shrink)

There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...) the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is an examination of the moral limits on modern police practices that flow from the basic legal and political tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule of law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets. [This is an uncorrected draft of the book's preface and introduction, forthcoming from Oxford University Press.]. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

Normativists about belief hold that belief formation is essentially rule- or norm-guided. On this view, certain norms are constitutive of or essential to belief in such a way that no mental state not guided by those norms counts as a belief, properly construed. In recent influential work, Kathrin Glüer and Åsa Wikforss develop novel arguments against normativism. According to their regress of motivations argument, not all belief formation can be rule- or norm-guided, on pain of a vicious infinite regress. I (...) argue that the regress of motivations argument is unsuccessful: an appeal to the notion of blind rule-following, drawn from a plausible interpretation of Ludwig Wittgenstein’s remarks on rule-following, stops the regress of motivations in its tracks. (shrink)

This chapter distinguishes between several senses of “normativity”. For example, that we ought to abstain from causing unnecessary suffering is a normative, not descriptive, claim. And so is the claim that we have good reason, and ought to drive on the right, or left, side of the road because the law requires us to do that. Reasons and oughts are normative, by definition. Indeed, it may be that “[t]he normativity of all that is normative consists in the way it is, (...) or provides, or is otherwise related to reasons” (Raz 1999, 67) . That is what the “reasons-first” view holds, but there are also other views, and what is by definition a normative statement, or a normative fact if you like, depends on how we define normativity. -/- It may seem that requirements are also by definition normative. But it seems that there can also be requirements that one has no reason to meet: it is less clear whether such requirements are normative in the same sense that reasons and oughts are normative. This paper will go through various further phenomena, which are candidates for being normative in some other sense than normative reasons and oughts, defending however the view that not all of them are. But arguably four or so different senses of normativity can be distinguished. -/- The paper will accept the view that the normativity of reasons and oughts, which is here called normativity1, is central. It is an open question whether all requirements or expectations or socially constructed norms are normative in that sense. Arguably it depends on the contents and content-independent authority of the legislators, whether we have good reasons, or ought, to meet the requirements, obey the law, or to follow the etiquette, or to conform to others’ interpersonal expectations, requests, demands or prescriptions. Whether and when we do have such reasons is a difficult and important substantive question, which concerns the normativity1 of requirements of law. -/- In another sense, norms (intended to guide behavior) are trivially or by definition normative, and constitute normativity: some forms of behavior are ruled as acceptable (e.g. driving on the right) and others as unacceptable (e.g. driving on the left) in light of the norm. Even in the case of a bad norm (that we have no reason to follow, and which ought to be changed, and ought not prevail) classifies behaviours as acceptable or unacceptable in light of the norm. Surely norms are by definition normative? Call this conformity to social norms and actual expectations normativity2. It is not an open question whether social norms are normative in that sense – they are by definition normative2. But importantly, it is an open question whether one has good reasons, or sufficient reason, or ought, to follow any social norm – that is, whether the norm in question is normative1. -/- The first section of the article characterizes further the difference between these two senses of normativity, and additionally introduces various other candidate senses of “normativity”. These possible senses of “normativity” may be at stake in the debates about normative requirements of rationality , about so called ought-to-be -rules , about normativity of linguistic meaning , about “directions of fit” of beliefs and desires , about subjective authority of intentions and decisions and interpersonal authority or co-authority of concrete others. -/- In later sections these cases are discussed. Do they constitute separate senses of normativity? And are the later phenomena such that they give agents good reasons: do they include normativity1 – the core sense? A “normative power -model” is suggested as a framework for examining whether actual social norms, laws, expectations provide good reasons and oughts or not. Once we understand the relation between the first two senses of normativity, do the later phenomena follow the same pattern – is the “normative powers – model” relevant for them as well? (shrink)

What is the relation between meaning and use? This chapter first defends a non-reductionist understanding of Wittgenstein’s suggestion that ‘the meaning of a word is its use in the language’; facts about meaning cannot be reduced to, or explained in terms of, facts about use, characterized non-semantically. Nonetheless, it is contended, facts about meaning do supervene on non-semantic facts about use. That supervenience thesis is suggested by comments of Wittgenstein’s and is consistent with his view of meaning and rule-following. Semantic (...) supervenience is then defended against two criticisms: first, John McDowell’s suggestion that the supervenience thesis falsifies the epistemology of meaning and fails to accommodate common-sense truths about meaning; second, a series of counter-examples proposed by Stephen Kearns and Ofra Magidor, who argue that worlds may differ semantically without differing non-semantically. It is argued that neither criticism is convincing: we should accept the thesis that semantic facts supervene on non-semantic facts. (shrink)