Many ordinary things are made up of material things. For example, the statue of Ferdousi in the University of Tehran is made up of a particular piece of bronze. Calling the relation between the statue of Ferdousi and that piece of bronze material constitution, many philosophers have claimed that this relation between a material thing and the thing that it constitutes is identity. Baker, in contrast, believes that these things have genuine unity without necessary identity. In this article, I (...) first illustrate the principles of Baker’s theory and his explanation of this relation. Then I will assess the theory against objections. I will conclude that this theory can successfully explain relation between many of material things, but concerning things belonging to human beings, the theory fails to introduce a criterion for constitution. (shrink)

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

This essay delves into the essentialities of object-giving sources within the formulation of epistemic objectivity. It explores the relationship between objectivity and intentional states, particularly in the context of immediate and transcendent experiences. A key focus of this paradigm is the examination of inferences and how they are held in X’s intentional processes. These claims about inferences contribute to the perception of objectivity by highlighting the epistemological transitions of things that occur in the constitutive ideation. Additionally, the activity within X’s (...) episteme leads to significant articulations that reflect a structural realism of experiences. The essay also introduces a convention of the experiential-intentional process so that the causality manipulations could be avoided by the precents of sources of ideation. In this instance, the central niche is occupied by transcendental reflections of intentionality, which are fundamentally founded on experiences and objectivity, and they possess a distinct rhetorical quality. They manifest as acts, propositional forms, and constituents, all of which contribute to the understanding and justification of objectivity. To establish such a framework that upholds objectivity, certain prerequisites must be met. Firstly, the framework must possess justificational resources that prevent causality manipulations. Secondly, pre-reflective sources should not inter-define causality in epistemic circumstances, although this does not exclude the emergence of causal relations, and thus this approach offers a correlational explanation. Lastly, transcendental reflections should remain compatible with the experiential-intentional process, allowing for the accommodation of subjectivity in the justification of objectivity. (shrink)

When discussing the extinction of humanity, there does not seem to be any clear agreement about what ‘humanity’ really means. One aim of this paper is to show that it is a more slippery concept than it might at first seem. A second aim is to show the relationship between what constitutes or defines humanity and what gives it value. Often, whether and how we ought to prevent human extinction depends on what we take humanity to mean, which in turn (...) depends on what we value about humans. Finally, I will offer a definition of humanity that I argue offers a plausible account of when we might say humanity has gone extinct, and reflects what we value about humans, and relatedly, what many actually care about in terms of why we should be preserved. (shrink)

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 central aim of this article is to specify the ontological nature of constitutive mechanistic phenomena. After identifying three criteria of adequacy that any plausible approach to constitutive mechanistic phenomena must satisfy, we present four different suggestions, found in the mechanistic literature, of what mechanistic phenomena might be. We argue that none of these suggestions meets the criteria of adequacy. According to our analysis, constitutive mechanistic phenomena are best understood as what we will call ‘object-involving occurrents’. Furthermore, on the basis (...) of this notion, we will clarify what distinguishes constitutive mechanistic explanations from etiological ones. 1 Introduction 2 Criteria of Adequacy 2.1 Descriptive adequacy 2.2 Constitutive–etiological distinction 2.3 Constitution 3 The Ontological Nature of Constitutive Mechanistic Phenomena 3.1 Phenomena as input–output relations 3.2 Phenomena as end states 3.3 Phenomena as dispositions 3.4 Phenomena as behaviours 4 Phenomena as Object-Involving Occurrents 4.1 What object-involving occurrents are and why we need them 4.2 The object in the phenomenon 4.3 The adequacy of option 5 Conclusion. (shrink)

Philip Goff has recently argued that due to the ‘subject-summing problem’, panpsychism cannot explain consciousness. The subject-summing problem is a problem which is analogous to the physicalist's explanatory gap; it is a gap between the micro-experiential facts and the macro-experiential facts. Goff also suggests that there could be a solution by way of a ‘phenomenal bonding relation’, but believes that this solution is not up to scratch because we cannot form a positive not-merely-role-playing concept of this relation. In this paper, (...) I argue that the phenomenal bonding solution is up to scratch. I argue that the panpsychist, by carefully inspecting their phenomenology and scrutinising their concepts, can form a positive concept of the phenomenal bonding relation. By doing this they can start to get around their explanatory gap. (shrink)

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

In “Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory,” I propose that stereotyping someone—even if you manage to keep your thoughts hidden and don’t act on them—can constitute a form of discrimination (2021b). What, Alex Madva asks, are the practical implications of this claim? Even if I am correct that stereotyping constitutes a form of discriminatory treatment, it’s still possible that people should keep on speaking and acting as if “discrimination” refers exclusively to behaviors and policies. He invites me to (...) explore the “potential payoffs and perils” of referring to thoughts and perceptions as discriminatory, especially as they relate to legal practice and social-scientific inquiry (2021, 46). (shrink)

The aim of this paper is to show that a comprehensive account of the role of representations in science should reconsider some neglected theses of the classical philosophy of science proposed in the first decades of the 20th century. More precisely, it is argued that the accounts of Helmholtz and Hertz may be taken as prototypes of representational accounts in which structure preservation plays an essential role. Following Reichenbach, structure-preserving representations provide a useful device for formulating an up-to-date version of (...) a (relativized) Kantian a priori. An essential feature of modern scientific representations is their mathematical character. That is, representations can be conceived as (partially) structure-preserving maps or functions. This observation suggests an interesting but neglected perspective on the history and philosophy of this concept, namely, that structure-preserving representations are closely related to a priori elements of scientific knowledge. Reichenbach’s early theory of a relativized constitutive but non-apodictic a priori component of scientific knowledge provides a further elaboration of Kantian aspects of scientific representation. To cope with the dynamic aspects of the evolution of scientific knowledge, Cassirer proposed a re-interpretation of the concept of representation that conceived of a particular representation as only one phase in a continuous process determined by pragmatic considerations. Pragmatic aspects of representations are further elaborated in the classical account of C.I. Lewis and the more modern of Hasok Chang. (shrink)

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

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

Another paper exploring the relation between Temporal externalism and Epistemicism about Vagueness, but with slightly more emphasis on the role of constitutive norms relating to our concept of truth.

Why comply with epistemic norms? In this paper, I argue that complying with epistemic norms, engaging in epistemically responsible conduct, and being epistemically trustworthy are constitutive elements of maintaining good epistemic relations with oneself and others. Good epistemic relations are in turn both instrumentally and finally valuable: they enable the kind of coordination and knowledge acquisition underpinning much of what we tend to associate with a flourishing human life; and just as good interpersonal relations with others can be good for (...) their own sake, standing in good epistemic relations is good for its own sake. On my account, we have reason to comply with epistemic norms because it is a way of respecting the final value of something that also tends to be an instrumentally valuable thing: good epistemic relations. Situating the account within the recent social turn in debates about epistemic instrumentalism, I argue that the dual-value aspect of good epistemic relations can explain important anti-instrumentalist intuitions, in a well-motivated way, within a broadly instrumentalist framework. (shrink)

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

This paper asks whether phenomenal intentionality (intentionality that arises from phenomenal consciousness alone) has a relational structure of the sort envisaged in Russell’s theory of acquaintance. I put forward three arguments in favor of a relation view: one phenomenological, one linguistic, and one based on the view’s ability to account for the truth conditions of phenomenally intentional states. I then consider several objections to the relation view. The chief objection to the relation view takes the form of a dilemma (...) between Platonic and Aristotelian conceptions of the properties constitutive of the contents of phenomenally intentional states on this view: the Aristotelian view seems unable to account for all the apparent contents of phenomenally intentional states, but the Platonic view seems to be ontologically unacceptable. I also consider other objections from physicalism, phenomenology, and epistemology. (shrink)

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

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

Recent philosophical work on inquiry yields important results about when it is appropriate to inquire and to what extent norms on inquiry are compatible with other epistemic norms. However, philosophers have been remarkably silent on the matter of what questions we ought to take up in the first place. In this paper, I take up this question, and argue that moral considerations constitute fit-related, right-kind reasons to adopt interrogative attitudes towards, and so inquire about, particular questions. This is a conclusion (...) of more general interest, because – as I explain – we might think that moral considerations are at best wrong-kind reasons for attitudes. If my contentions are right, then there is at least one kind of attitude – namely interrogative attitudes – of which this is not true. (shrink)

Constitutive mechanistic explanations are said to refer to mechanisms that constitute the phenomenon-to-be-explained. The most prominent approach of how to understand this constitution relation is Carl Craver’s mutual manipulability approach to constitutive relevance. Recently, the mutual manipulability approach has come under attack (Leuridan 2012; Baumgartner and Gebharter 2015; Romero 2015; Harinen 2014; Casini and Baumgartner 2016). Roughly, it is argued that this approach is inconsistent because it is spelled out in terms of interventionism (which is an approach to causation), (...) whereas constitutive relevance is said to be a non-causal relation. In this paper, I will discuss a strategy of how to resolve this inconsistency, so-called fat-handedness approaches (Baumgartner and Gebharter 2015; Casini and Baumgartner 2016; Romero 2015). I will argue that these approaches are problematic. I will present a novel suggestion of how to consistently define constitutive relevance in terms of interventionism. My approach is based on a causal interpretation of mutual manipulability, where manipulability is interpreted as a causal relation between the mechanism’s components and temporal parts of the phenomenon. (shrink)

This paper provides an analysis of the intrinsic/extrinsic distinction, as applied both to properties and to relations. In contrast to other accounts, the approach taken here locates the source of a property’s intrinsicality or extrinsicality in the manner in which that property is ‘logically constituted’, and thus – plausibly – in its nature or essence, rather than in e.g. its modal profile. Another respect in which the present proposal differs from many extant analyses lies in the fact that it does (...) not seek to analyse the ‘global’ distinction between intrinsic and extrinsic properties on the basis of the ‘local’ distinction between having a property intrinsically and having it extrinsically. Instead, the latter distinction is explicated on the basis of the former. (shrink)

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

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

A constitutive theory of representation must address two challenges. The content determination challenge requires specifying why a particular state has a given content. The job description challenge requires spelling out the explanatory role that representational notions play in that theory. Recently, Nicholas Shea has advanced *varitel semantics* as a hybrid approach to representation to answer those challenges, supplementing teleosemantics with non-historical features –namely, exploitable relations and robustness. In this paper, I critically assess the hybrid theory’s answers to both challenges, arguing (...) that their hybrid nature undermines their merits. In each case, I will show that it is hard to establish how the alleged complementariness of the hybrid account components works. I will conclude that internal problems beset Shea’s theory of representation. (shrink)

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

This paper poses a problem of promiscuity for views that endorse material constitution as a metaphysic relation.

Austin's distinction between locutionary and illocutionary acts has offered a fruitful way of focussing the relation between language and communication. In particular, by adopting the distinction we attend to linguistic and communicative subjects as actors, not just processors or conduits of information. Yet in many attempts to explicate the constitution of illocutionary acts the subject as actor is subsumed within the role of linguistic rules or conventions. I propose an account of illocutionary acts in which rules or conventions are (...) secondary to what I call communicative skills. These skills are taken as the primary component of communicative competence. They are derived from the principle that linguistic communication is not ultimately a linguistic matter, but relates instead to the way a communicator uses language. This principle is found in the work of Donald Davidson, but Davidson has tended to concentrate on semantics, and leaves the details of linguistic communication for pragmatics. The aim of this paper is to defend the general principle and supply some pragmatic details. (shrink)

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

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

in a nervous system of a given species. This chapter provides a critical perspective on the role of connectomes in neuroscientific practice and asks how the connectomic approach fits into a larger context in which network thinking permeates technology, infrastructure, social life, and the economy. In the first part of this chapter, we argue that, seen from the perspective of ongoing research, the notion of connectomes as “complete descriptions” is misguided. Our argument combines Rachel Ankeny’s analysis of neuroanatomical wiring diagrams (...) as “descriptive models” with Hans-Joerg Rheinberger’s notion of “epistemic objects,” i.e., targets of research that are still partially unknown. Combining these aspects we conclude that connectomes are constitutively epistemic objects: there just is no way to turn them into permanent and complete technical standards because the possibilities to map connection properties under different modeling assumptions are potentially inexhaustible. In the second part of the chapter, we use this understanding of connectomes as constitutively epistemic objects in order to critically assess the historical and political dimensions of current neuroscientific research. We argue that connectomics shows how the notion of the “brain as a network” has become the dominant metaphor of contemporary brain research. We further point out that this metaphor shares (potentially problematic) affinities to the form of contemporary “network societies.” We close by pointing out how the relation between connectomes and networks in society could be used in a more fruitful manner. (shrink)

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

This paper argues that relations of mutual recognition (love, respect, esteem, trust) contribute directly and non-reductively to our flourishing as relational selves. -/- Love is important for the quality of human life. Not only do everyday experiences and analyses of pop culture and world literature attest to this; scientific research does as well. How exactly does love contribute to well-being? This chapter discusses the suggestion that it not only matters for the experiential quality of life, or for successful agency, (...) but that it actualizes our nature as “relational selves” (Chen, Boucher & Kraus 2011). I defend a hybrid or pluralist theory, which sees humans not only as subjects of experiences, or agents, or valuers, but also as relational selves. Expanding from love to other interpersonal relations, thriving relations of mutual recognition (love, respect, esteem, trust), contribute directly and non-reductively to our flourishing as relational selves. The paper will start by putting forward the proposal (Section 2), and then discussing it in relation to important alternatives. The focus is on alternatives which hold that love, and other forms of mutual recognition, are important for well-being, but only indirectly. One kind of challenge against the constitutive role of relations to others for well-being comes from the traditional theories that accommodate relations in some indirect ways (Section 3). A second kind of challenge admits that perhaps love is central to well-being in a direct way, but do we have reason to believe that other forms of mutual recognition are as well? (Section 4) Yet another kind of challenge is that love matters for the quality of lives in some other way than contributing to its prudential value: love is good, but is it good for us? (Section 5) A fourth kind of challenge concerns what we are, and the nature of “essentialism” involved in the approach stressing relational selfhood: cannot, say, motherhood contribute to one’s good life even if motherhood is contingent and not essential? (Section 6). In debates on recognition the idea that mutual recognition is also relevant for well-being has been put forward, for example in Axel Honneth’s (1992, ch.9 ) ”formal” theory of good life. Whatever else constitutes good life, relations of recognition form its backbone (cf. Ikäheimo 2014). Surprisingly little however is written about mutual recognition and well-being in detail, or recognition in comparison to traditional theories of well-being. This chapter aims to fill some of that void, and at the same time defend the view that well-being is one of the normative notions with which mutual recognition has a constitutive relationship. (shrink)

In paradigmatic Confucian (Ruist) discourses, emotion (qing) has been depicted as co-arising with human nature (xing) and an irreducible constitutive source of human practices and their interpretation. The affects are concurrently naturally arising and alterable through how individuals react and respond to them and how they are or are not cultivated. That is, emotions are relationally mediated realities given in and transformed through how they are felt, understood, interpreted, and acted upon. Confucian discourses have elucidated the ethical character of the (...) emotions and sought to understand and cultivate emotional life as a hermeneutical and ethical task in establishing expectable patterns of human flourishing that orient virtues, roles, and relations. In this chapter, I explore the extent to which classical Ruist and Neo-Confucian discourses offer hermeneutical models for interpreting the complex interconnections between moral psychology and their mediations in the ethical life world. By examining a range of Confucian sources, the author argues that Confucian “moral psychologies” clarify affective dimensions of human existence within the interpersonal nexus of ethical life and indicate ways of cultivating affective awareness for relationally understanding and interpreting others, one’s world, and oneself. (shrink)

Mereological nihilists typically employ a paraphrase strategy in order to mitigate the apparent absurdity of their denial of the existence of composite objects. I argue here that the nihilist's paraphrase strategy is incomplete, because no schema for generating nihilistically acceptable paraphrases of sentences concerning material constitution has ever been given. Nor can an adequate schema be arrived at by generalising things that nihilists have already said. I fill this lacuna in the nihilist's account by developing and defending a novel (...) paraphrase schema that makes essential reference to the determinable‐determinate relation that holds between arrangement‐properties instantiated by the simples. (shrink)

I argue that the phenomenon underlying Bernard Williams’ (1976) “agent-regret” is considerably broader than appreciated by Williams and others. Agent-regret— an anguished response that agents have for harms they have caused, even if faultlessly— I maintain, is a species of a more general response to harms that need not be one’s fault, but which nonetheless impact one’s practical identity in a special way. This broader genus includes as a species what I call “relation-regret”, a pained response to harm caused by (...) a person to whom one is intimately related, as a co-member of a group partly constitutive of one’s practical identity (e.g. one’s family). After providing an account of the moral psychology of relation-regret, I attend to its normative significance, proposing in particular that acceptance of relation-regret provides us with reasons for accepting a novel form of moral luck, namely associative luck: the luck of being vulnerable to responsibility-responses in virtue of one’s attachments to others, despite one’s personal faultlessness. (shrink)

Is a bank note identical with the piece of paper of which it consists? On the one hand, John Searle, in his reply to Barry Smith, suggests that they are “one and the same object” that is a social or non-social object only under certain descriptions. On the other hand, Lynne Rudder Baker puts forward the claim that bank note and paper are distinct entities that are bound together by the relation of material constitution. I suggest two possible analyses (...) for Searle’s description relativity claim, the Alternative Subject Analysis and the Predicate Modification Analysis. On both accounts his identity claim gets into serious trouble. While Baker’s definition of material constitution deals well with the bank note example, it fails to account for the constitution of bearerless social entities and groups. I point out five respects in which social constitution can differ from Baker’s account of material constitution and discuss compositional, institutional and interactional constitution as additional varieties of social constitution. (shrink)

I reconsider the concept of dignity in several ways in this article. My primary aim is to move dignity in a more relational direction, drawing on care ethics to do so. After analyzing the power and perils of dignity and tracing its rhetorical, academic, and historical influence, I discuss three interventions that care ethics can make into the dignity discourse. The first intervention involves an understanding of the ways in which care can be dignifying. The second intervention examines whether (...) the capacity to care should be considered a distinguishing moral power – as rationality often is – in light of which humans have dignity. In the third intervention, I cast dignity as a fundamentally relational concept and argue that relationality is constitutive not only of dignity but also of the wider enterprise of normativity. I understand relationality as the condition of connection in which all human beings stand with some other human beings. A thought experiment involving the last person on earth helps to reframe the normative significance of human relatedness. Dignity emerges as fundamentally grounded in relationality. (shrink)

In this paper, I will argue with Ernst Cassirer that anticipation plays an essential part in the constitution of time, as seen from a transcendental perspective. Time is, as any transcendental concept, regarded as basically relational and subjective and only in a derivative way objective and indifferent to us. This entails that memory is prior to history, and that anticipation is prior to prediction. In this paper, I will give some examples in order to argue for this point. (...) Furthermore, I will also argue, again with Cassirer and contra Henri Bergson, that time should be seen as a functional unity, and not as a collection of three different things-in-themselves (past, present and future). (shrink)

The rational explanation of the Eucharist is at the centre of a revived debate in philosophical theology. After describing gunk-relational ontology, I show how it allows us to understand transubstantiation differently than other traditional and contemporary accounts, from which it draws a few points but combining them in a new way. In gunk-relational ontology every substance is its own relations, which constitute a gunky fundamental reality. The liturgical celebration of the Last Supper therefore creates a new relational (...) situation for the bread: the substance of the bread (its relations) profoundly changes its nature. (shrink)

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

The received view of Kant’s moral philosophy is that it precludes all moral luck. But I offer a plausible interpretation according to which Kant embraces moral luck in circumstance and constitution. I interpret the unconditioned nature of transcendental freedom as a person’s ability to do the right thing no matter how she is inclined by her circumstantial and constitutive luck. I argue that various passages about degrees of difficulty relating to circumstantial and constitutive luck provide a reason to accept (...) a pro-moral luck interpretation of Kant. (shrink)

This article first of all attempts to assess the proposals of 2006–2007 to amend Poland’s Constitution, aimed mostly at strengthening constitutional protection of unborn human life. Parliamentary work on this proposal begins with the submission of the Deputy’s bill on amendment of the Constitution, published in the Sejm Paper No. 993 of September 5, 2006, and ends with a series of votes at the 39th sitting of the Sejm of the fifth term of office, held on April 13, (...) 2007, on which it was decided not to adopt any amendment. In the course of the legislative process, several modifi cation were offered not only to Article 38 concerning protection of life, but also to Article 30 dealing with dignity as a source of rights. Each of these proposals had drawbacks, including inter alia: the lack of a definite period of protection or entitlement to dignity, resulting in the decreased protection in relation to issues concerning euthanasia; the application of new categories granting a specific status to unborn human life; specifying the standards for protection by means of legislative acts ranking lower than a constitution, resulting in the transfer of life protection into the sphere of regulation of ordinary legislation. The most conducive for strengthening of the protection of unborn human life, even if not free of imperfections, was an amendment of Article 30 proposed by the Committee in the following wording: “The inherent and inalienable dignity, conferred on the person from the moment of conception, shall be a source of freedoms and rights of persons and citizens. It shall be inviolable; the respect and protection thereof shall be the obligation of public authorities.” From the rejection of the proposals it is diffi cult to draw conclusions that are vital for interpretation of the existing provisions. However, a conclusion that the intention of the authors of the constitution was not to strengthen the constitutional protection of life is not legitimate, mostly because of their doubts about formal correctness of the proposed amendments (when deciding to reject them), particularly the doubts about legal consequences of their adoption. -/- Streszczenie Zasadniczym celem opracowania jest próba całościowej oceny propozycji nowelizacji Konstytucji RP mającej miejsce w latach 2006-2007, zmierzającej przede wszystkim do wzmocnienia konstytucyjnej ochrony życia człowieka przed narodzeniem. Prace parlamentarne nad analizowaną nowelizacją otwiera poselski projekt ustawy o zmianie Konstytucji zawarty w druku sejmowym 993 z dnia 5 września 2006 (projekt wpłynął do Sejmu 7 września); zamyka seria głosowań na 39 posiedzeniu Sejmu V kadencji, dnia 13 kwietnia 2007 roku; głosowań, które przesądziły o niewprowadzeniu żadnych zmian. W trakcie procesu legislacyjnego proponowano szereg formuł, zmieniających nie tylko art. 38 dotyczący ochrony życia, ale także art. 30, który dotyczy godności jako źródła praw. W zasadzie wszystkie zgłoszone propozycje posiadały wady, wśród których najważniejsze to: brak domknięcia okresu ochrony lub przysługiwania godności, skutkujący obniżeniem ochrony w kwestiach związanych z eutanazją; stosowanie nowych kategorii, prowadzące do nadania specyficznego statusu człowiekowi przed narodzeniem; określanie standardu ochrony za pośrednictwem aktów o randze niższej od konstytucji, prowadzące do przesunięcia ochrony życia przed narodzeniem w sferę ustawodawstwa zwykłego. Z punktu widzenia celu, jakim było wzmocnienie konstytucyjnej ochrony życia człowieka przed narodzeniem i wzmocnienie jego pozycji prawnej, najlepsza, choć nie pozbawiona usterek, była zaproponowana przez Komisję zmiana brzmienia art. 30 prowadząca do formuły: „Źródłem wolności i praw człowieka i obywatela jest przyrodzona i niezbywalna godność człowieka, przynależna mu od chwili poczęcia. Jest ona nienaruszalna, a jej poszanowanie i ochrona jest obowiązkiem władz publicznych.”. Na podstawie odrzucenia propozycji zmian trudno wyciągać wnioski istotne dla interpretacji aktualnie obowiązujących przepisów; wniosek, że ustrojodawca nie chciał wzmocnienia konstytucyjnej ochrony życie nie jest prawomocny, przede wszystkim ze względu na – istotne w procesie podejmowania decyzji o odrzuceniu propozycji zmian – wątpliwości, co do formalnej poprawności formułowanych propozycji, w tym wątpliwości co do konsekwencji prawnych ich przyjęcia. (shrink)

Loneliness in medicine is a serious problem not just for patients, for whom illness is intrinsically isolating, but also for physicians in the contemporary condition of medicine. We explore this problem by investigating the ideal physician-patient relationship, whose analogy with friendship has held enduring normative appeal. Drawing from Talbot Brewer and Nir Ben-Moshe, we argue that this appeal lies in a dynamic form of companionship incompatible with static models of friendship-like physician-patient relationships: a mutual refinement of embodied virtue that draws (...) both persons together. The ideal physician-patient relationship has a dialectical character that fosters each member's improvement of phenomenologically recognizing and embodying moral virtues. A key component of this dynamic is a commitment to the common goal of the patient's health, realized through joint interactivities and conversations over time. The physician's presence to the patient's suffering—understood best as an alienating phenomenological condition for the patient—orients and discloses possibilities for virtuous caregiving by structuring the meanings of the goals, conversations, and joint narrative constitutive of their relationship. Presence to suffering, paradoxically, is perhaps an important prerequisite for this dynamic partnership. These activities dialectically build an interpretive horizon of understanding through which moral goods and character refinement—in and for the other—may become revealed for both persons in their shared being-in-the-world. This analysis of suffering, mood, and revealing of (possible) moral goods has implications for addressing the modern problem of loneliness for patients and physicians, who are increasingly inhibited from building flourishing relationships with each other. (shrink)

Affective experiences motivate and rationalize behavior in virtue of feeling good or bad, or their valence. It has become popular to explain such phenomenal character with intentional content. Rejecting evaluativism and extending earlier imperativist accounts of pain, I argue that when experiences feel bad, they both represent things as being in a certain way and tell us to see to it that they will no longer be that way. Such commands have subjective authority by virtue of linking up with a (...) relevant background concern. The imperative content explains but doesn’t constitute world-directed motivation. It also rationalizes action indirectly, by giving rise to an affective seeming that represents the situation as calling for the authoritatively commanded behavior. One experience feels worse than another if its content tells us to bear a higher opportunity cost to comply with the command. Finally, experience-directed motivation is contingent on our being attitudinally (dis)pleased with the character of our experience. (shrink)

F. H. Bradley’s relation regress poses a difficult problem for metaphysics of relations. In this paper, we reconstruct this regress argument systematically and make its presuppositions explicit in order to see where the possibility of its solution or resolution lies. We show that it cannot be answered by claiming that it is not vicious. Neither is one of the most promising resolutions, the relata-specific answer adequate in its present form. It attempts to explain adherence (relating), which is a crucial component (...) of the explanandum of Bradley’s relation regress, in terms of specific adherence of a relational trope to its relata. Nevertheless, since we do not know the consequences and constituents of a trope adhering to its specific relata, it remains unclear what specific adherence is. It is left as a constitutively inexplicable primitive. The relata-specific answer only asserts against Bradley. This negative conclusion highlights the need for a metaphysical account of the constitution of the holding of adherence. (shrink)

The historical roots of despotism in Russia are long, the tradition of arbitrariness seems to be unbreakable. But this status quo can't persist endless: Growing mass protests indicate that the time nears when Russia will unhorse the self-constituted disposers and will demonstrate again its re-invention potential. -/- This expected and hoped egression from despotism into a new phase of Russian history needs to be carefully elaborated and arranged. Starting with the writing and publishing of my essays following mass political protests (...) in the former Soviet Union, namely, in the Russian Federation in fall and winter of the year 2012, I work permanently on redesigning political system. One year later, i.e. 2013, I released a book dedicated those events, and in the same year I wrote the draft of a new constitution, now revised and adopted by the community Rus’ whose member I am since 12.12.2018. -/- 2017 I registered an internet domain reserved for the Foundation intended to promote the constitutional order in Russia. Since that time, I designed the site of the Foundation, fashioned the identity card, and published several documents related to promotion and establishing of the constitutional order (CO). -/- All skilled designers and creative thinkers are invited to take part in this process as co-workers and creators of a new political system. (shrink)

This chapter offers a definition of luck from Aristotle's Physics, considers how this definition of luck from the Physics relates to Aristotle's treatment of luck in his works on ethics and the good life, as well as how it compares with the modern understanding of moral luck.

In Plato's Laws, the Athenian Visitor says that the best constitution is a mixture of monarchy and democracy. This is the theoretical basis for the institutions of Magnesia, and it helps the citizens to become virtuous. But what is meant by ‘monarchy’ and ‘democracy’, and how are they mixed? I argue that the fundamental relations in Plato's discussion of constitutions are those of authority and equality. These principles are centrally about the extent to which citizens submit to the judgment (...) of an authority and the extent to which they decide for themselves respectively—the extent to which they are ruled by themselves or ruled by another. The institutions of Magnesia reflect these principles in practice and provide a more nuanced way to understand Plato’s assessment of democratic institutions. (shrink)

By focusing on the exchange between Descartes and Hobbes on how the self is related to its activities, Berkeley draws attention to how he and Hobbes explain the forensic constitution of human subjectivity and moral/political responsibility in terms of passive obedience and conscientious submission to the laws of the sovereign. Formulated as the language of nature or as pronouncements of the supreme political power, those laws identify moral obligations by locating political subjects within those networks of sensible signs. When (...) thus juxtaposed with Hobbes, Berkeley can be understood as endorsing a theologically inflected version of deontological ethics in which moral laws are linked directly to the constitution of the self. (shrink)

Problem of the existence of God and His relation to the world and human being is seen as one of quite old and main problems of philosophy. Though the existence of God and His essence as a knowledge subject is related to a transcendent being over this universe, human being can find rules made by Him in physical world in which stands. The concept of God constitutes one of the most involved points of Descartes’ philosophy. In fact, for Descartes, who (...) built his philosophy on physical bases or mechanical world, to place God as condition to his metaphysics originates from the conception that if God does not exist a being does not. In this paper, we will try to explain the relation of God and human and the world in Descartes’ philosophy. (shrink)