Results for 'social constitution'

999 found
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  1. Communitarianism 'social constitution,' and autonomy.Andrew Jason Cohen - 1999 - Pacific Philosophical Quarterly 80 (2):121–135.
    Communitarians like Alasdair MacIntyre, Charles Taylor, and Michael Sandel, defend what we may call the ‘social constitution thesis.’ This is the view that participation in society makes us what we are. This claim, however, is ambiguous. In an attempt to shed some light on it and to better understand the impact its truth would have on our beliefs regarding autonomy, I offer four possible ways it could be understood and four corresponding senses of individual independence and autonomy. I (...)
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  2. The Constitution of Social Practices.Kevin McMillan - 2017 - Milton Park, UK; New York, USA: Routledge.
    Practices – specific, recurrent types of human action and activity – are perhaps the most fundamental "building blocks" of social reality. This book argues that the detailed empirical study of practices is essential to effective social-scientific inquiry. It develops a philosophical infrastructure for understanding human practices, and argues that practice theory should be the analytical centrepiece of social theory and the philosophy of the social sciences. -/- What would social scientists’ research look like if they (...)
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  3. Understanding social norms and constitutive rules: Perspectives from developmental psychology and philosophy.Ingar Brinck - 2015 - Phenomenology and the Cognitive Sciences 14 (4):699-718.
    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 (...)
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  4. Persons, social agency, and constitution.Robert A. Wilson - 2005 - Social Philosophy and Policy 22 (2):49-69.
    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.
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  5. Unity and Constitution of Social Entities.Ludger Jansen - 2009 - In Benedikt Schick, Edmund Runggaldier & Ludger Honnefelder (eds.), Unity and Time in Metaphysics. Walter de Gruyter. pp. 15-45.
    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 (...)
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  6. How are Bundles of Social Practices Constituted?Italo Testa - 2019 - Critical Horizons:1-12.
    n this paper, I analyse Rahel Jaeggi’s socio-ontological account of forms of life. I show that her framework is a two-sided one, since it involves an understanding of forms of life both as inert bundles of practices and as having a normative structure. Here I argue that this approach is based on an a priori argument which assumes normativity as the condition of intelligibility of social criticism. I show that the intimate tension between these two sides is reflected in (...)
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  7. The Porosity of Autonomy: Social and Biological Constitution of the Patient in Biomedicine.Jonathan Beever & Nicolae Morar - 2016 - American Journal of Bioethics 16 (2):34-45.
    The nature and role of the patient in biomedicine comprise issues central to bioethical inquiry. Given its developmental history grounded firmly in a backlash against 20th-century cases of egregious human subjects abuse, contemporary medical bioethics has come to rely on a fundamental assumption: the unit of care is the autonomous self-directing patient. In this article we examine first the structure of the feminist social critique of autonomy. Then we show that a parallel argument can be made against relational autonomy (...)
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  8. Computer Models of Constitutive Social Practices.Richard Evans - 2016 - In Vincent Müller (ed.), Fundamental Issues of Artificial Intelligence. Springer. pp. 389-409.
    Research in multi-agent systems typically assumes a regulative model of social practice. This model starts with agents who are already capable of acting autonomously to further their individual ends. A social practice, according to this view, is a way of achieving coordination between multiple agents by restricting the set of actions available. For example, in a world containing cars but no driving regulations, agents are free to drive on either side of the road. To prevent collisions, we introduce (...)
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  9. Laws of Essence or Constitutive Rules? Reinach vs. Searle on the Ontology of Social Entities.Barry Smith & Wojciech Zelaniec - 2012 - In Francesca De Vecchi (ed.), Eidetica del Diritto e Ontologia Sociale. Il Realismo di Adolf Reinach. Mimesis. pp. 83-108.
    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 (...)
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  10. The Transnational Constitution of Europe’s Social Market Economies: A Question of Constitutional Imbalances?Poul F. Kjaer - 2019 - Journal of Common Market Studies 57 (1):143-58.
    Throughout its history the European integration process has not undermined but rather strengthened the autonomy of Member States vis-à-vis wider societal interests in relation to political economy, labour markets and social provisions. Both the ‘golden age nation state’ of the 1960s as well as the considerable transformations of Member State political economies over the past decades, and especially after the euro-crisis, was to a considerable degree orchestrated through transnational, most notably European, arrangements. In both cases the primary objective has (...)
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  11. Resisting Social Categories.Sara Bernstein - 2024 - Oxford Studies in Agency and Responsibility 8:81-102.
    The social categories to which we belong—Latino, disabled, American, woman— causally influence our lives in deep and unavoidable ways. One might be pulled over by police because one is Latino, or one might receive a COVID vaccine sooner because one is American. Membership in these social categories most often falls outside of our control. This paper argues that membership in social categories constitutes a restriction on human agency, creating a situation of non-ideal agency for many human individuals. (...)
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  12. Principles of Liberty: A Design-based Research on Liberty as A Priori Constitutive Principle of the Social in the Swiss Nation Story.Tabea Hirzel - 2015 - Dissertation, Scm University, Zug, Switzerland
    One of the still unsolved problems in liberal anarchism is a definition of social constituency in positive terms. Partially, this had been solved by the advancements of liberal discourse ethics. These approaches, built on praxeology as a universal framework for social formation, are detached from the need of any previous or external authority or rule for the discursive partners. However, the relationship between action, personal identity, and liberty within the process of a community becoming solely generated from the (...)
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  13. Konstytucja wobec wykluczenia społecznego [The Constitution and Social Exclusion].Marek Piechowiak - 2009 - In Zdzisław Kędzia & Antoni Rost (eds.), Współczesne wyzwania wobec praw człowieka w świetle polskiego prawa konstytucyjnego. Wydawnictwo Naukowe UAM. pp. 125-145.
    Choć samo zjawisko wykluczenia społecznego nie jest nowe, to jego waga, zwłaszcza w perspektywie praw człowieka, została doceniona stosunkowo niedawno. „Wykluczenie społeczne” nie jest kategorią konstytucyjną. Celem opracowania jest ogólne usytuowanie problematyki wykluczenia w kontekście zagadnień konstytucyjnych. Zmierza się do dookreślenia, czym jest wykluczenie społeczne oraz do wskazania zasadniczych konstytucyjnych punktów odniesienia, pozwalających na podjęcie tego problemu. Właściwe wykluczeniu społecznemu jest złożoność przyczyn - sam brak środków finansowych nie musi prowadzić do wykluczenia, choć proces wykluczania może być zainicjowany jednym wydarzeniem. (...)
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  14. Social Space and the Ontology of Recognition.Italo Testa - 2011 - In Heikki Ikäheimo & Arto Laitinen (eds.), Recognition and Social Ontology. Leiden: Brill.
    In this paper recognition is taken to be a question of social ontology, regarding the very constitution of the social space of interaction. I concentrate on the question of whether certain aspects of the theory of recognition can be translated into the terms of a socio-ontological paradigm: to do so, I make reference to some conceptual tools derived from John Searle's social ontology and Robert Brandom's normative pragmatics. My strategy consists in showing that recognitive phenomena cannot (...)
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  15. On the value of philosophers in the social sciences: fixing disciplinary constitutions.Terence Rajivan Edward - manuscript
    This paper argues for the value of philosophers in a school of social sciences within a university, for fixing what I call disciplinary constitutions. A disciplinary constitution is a statement of “How our discipline works: how we achieve the ends of our discipline.” A lot of people depend on a constitution, but such a thing usually runs into problems and philosophers can identify these problems and propose solutions. I suggest that it is essential for the autonomy of (...)
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  16. Sociality and embodiment: online communication during and after Covid-19.Lucy Osler & Dan Zahavi - 2023 - Foundations of Science 28 (4):1125-1142.
    During the Covid-19 pandemic we increasingly turned to technology to stay in touch with our family, friends, and colleagues. Even as lockdowns and restrictions ease many are encouraging us to embrace the replacement of face-to-face encounters with technologically mediated ones. Yet, as philosophers of technology have highlighted, technology can transform the situations we find ourselves in. Drawing insights from the phenomenology of sociality, we consider how digitally-enabled forms of communication and sociality impact our experience of one another. In particular, we (...)
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  17. Early Heidegger on Social Reality.Jo-Jo Koo - 2016 - In Alessandro Salice & Hans Bernhard Schmid (eds.), The Phenomenological Approach to Social Reality. Springer Verlag. pp. 91-119.
    This book chapter shows how the early Heidegger’s philosophy around the period of Being and Time can address some central questions of contemporary social ontology. After sketching “non-summative constructionism”, which is arguably the generic framework that underlies all forms of contemporary analytic social ontology, I lay out early Heidegger’s conception of human social reality in terms of an extended argument. The Heidegger that shows up in light of this treatment is an acute phenomenologist of human social (...)
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  18. The Constitutive Claim: Payoffs and Perils.Erin Beeghly - 2022 - Social Epistemology Review and Reply Collective 11 (2):52-60.
    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 (...)
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  19. Two Pillars of Institutions: Constitutive Rules and Participation.Wolfgang Huemer - 2021 - In Leo Townsend, Preston Stovall & Hans Bernhard Schmid (eds.), The Social Institution of Discursive Norms. Historical, Naturalistic, and Pragmatic Perspectives. Routledge.
    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 (...)
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  20.  95
    Constituting sources is a matter of correlational claims.Kiran Pala - 2023 - Humanities and Social Sciences Communications 10 (898).
    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 (...)
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  21. Social Objects Without Intentions.Brian Epstein - 2013 - In Anita Konzelmann Ziv & Hans Bernhard Schmid (eds.), Institutions, Emotions, and Group Agents: Contributions to Social Ontology. pp. 53-68.
    It is often seen as a truism that social objects and facts are the product of human intentions. I argue that the role of intentions in social ontology is commonly overestimated. I introduce a distinction that is implicit in much discussion of social ontology, but is often overlooked: between a social entity’s “grounds” and its “anchors.” For both, I argue that intentions, either individual or collective, are less essential than many theorists have assumed. Instead, I propose (...)
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  22. Berkeley, Hobbes, and the Constitution of the Self.Stephen H. Daniel - 2015 - In Sébastien Charles (ed.), Berkeley Revisited: Moral, Social and Political Philosophy. Oxford: Voltaire Foundation. pp. 69-81.
    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 (...)
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  23. The Constitution of Objects by Systems.David L. Thompson -
    Against the concept that objects are defined by their self-contained essence – “thing-in-themselves” – Husserl and Foucault claim they are defined by intersubjectivity or social institutions. I argue that biological and even physical (complex) systems can constitute the unity and meaning of objects.
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  24. Socially extending the mind through social affordances.Eros Moreira de Carvalho - 2019 - In Steven Gouveia & Manuel Curado (eds.), Automata's Inner Movie: Science and Philosophy of Mind. Wilmington, Deleware, United States: Vernon Press. pp. 193-212.
    The extended mind thesis claims that at least some cognitive processes extend beyond the organism’s brain in that they are constituted by the organism’s actions on its surrounding environment. A more radical move would be to claim that social actions performed by the organism could at least constitute some of its mental processes. This can be called the socially extended mind thesis. Based on the notion of affordance as developed in the ecological psychology tradition, I defend the position that (...)
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  25. Carthage: Aristotle’s Best (non-Greek) Constitution.Thornton C. Lockwood - 2024 - In Luca Gili, Benoît Castelnérac & Laetitia Monteils-Laeng (eds.), Actes du colloque Influences étrangères. pp. 182-205.
    Aristotle’s discussions of natural slavery, ‘barbarian kingship’, and the natural characteristics of barbarians or non-Greeks are usually read as calling into question the intellectual, ethical, and political accomplishments of non-Greeks. Such accounts of non-Greek inferiority or inability to self-govern also appear to presuppose a climatic or environmental account that on the whole would imply severe limitations on the possibility of political flourishing for peoples living outside the Greek Mediterranean basin. In light of such accounts, it is somewhat astounding to find (...)
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  26. Heidegger, Sociality, and Human Agency.B. Scot Rousse - 2016 - European Journal of Philosophy 24 (2):417-451.
    According to Heidegger's Being and Time, social relations are constitutive of the core features of human agency. On this view, which I call a ‘strong conception’ of sociality, the core features of human agency cannot obtain in an individual subject independently of social relations to others. I explain the strong conception of sociality captured by Heidegger's underdeveloped notion of ‘being-with’ by reconstructing Heidegger's critique of the ‘weak conception’ of sociality characteristic of Kant's theory of agency. According to a (...)
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  27. Moral ignorance and the social nature of responsible agency.Fernando Rudy-Hiller - 2023 - Inquiry: An Interdisciplinary Journal of Philosophy 66 (5):821-848.
    In this paper I sketch a socially situated account of responsible agency, the main tenet of which is that the powers that constitute responsible agency are themselves socially constituted. I explain in detail the constitution relation between responsibility-relevant powers and social context and provide detailed examples of how it is realized by focusing on what I call ‘expectations-generating social factors’ such as social practices, cultural scripts, social roles, socially available self-conceptions, and political and legal institutions. (...)
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  28. The Constitution and Tripartite System of Government: From the Mutiny for the Limited Government Through the Interbranch Subtlety.Kiyoung Kim - 2014 - International Journal of Advanced Research 2 (9):392-401.
    The modern form of government resort their legitimacy to democracy and Republican concept. In any viable way, the political power no longer entertains the dynasty or any divinity from the religion. Then who are responsible to make us fateful if we are any kind of citizen in a polity. Often it is true that the government has to be an amalgam of power elites, and divided for a limited government. The modern democratic constitutionalism considered this aspect any most in primacy (...)
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  29. The Social Construction of Legal Norms.Kirk Ludwig - 2020 - In Rachael Mellin, Raimo Tuomela & Miguel Garcia-Godinez (eds.), Social Ontology, Normativity and Law. Berlin, Germany: De Gruyter. pp. 179-208.
    Legal norms are an invention. This paper advances a proposal about what kind of invention they are. The proposal is that legal norms derive from rules which specify role functions in a legal system. Legal rules attach to agents in virtue of their status within the system in which the rules operate. The point of legal rules or a legal system is to solve to large scale coordination problems, specifically the problem of organizing social and economic life among a (...)
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  30. Human Goals Are Constitutive of Agency in Artificial Intelligence.Elena Popa - 2021 - Philosophy and Technology 34 (4):1731-1750.
    The question whether AI systems have agency is gaining increasing importance in discussions of responsibility for AI behavior. This paper argues that an approach to artificial agency needs to be teleological, and consider the role of human goals in particular if it is to adequately address the issue of responsibility. I will defend the view that while AI systems can be viewed as autonomous in the sense of identifying or pursuing goals, they rely on human goals and other values incorporated (...)
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  31. Social labs as an inclusive methodology to implement and study social change: the case of responsible research and innovation.Jos Timmermans, V. Blok, Robert Braun, R. Wesselink & Rasmus Øjvind Nielsen - forthcoming - Journal of Responsible Innovation.
    The embedding and promotion of social change is faced with aparadoxical challenge. In order to mainstream an approach to socialchange such as responsible research and innovation and makeit into a practical reality rather than an abstract ideal, we need tohave conceptual clarity and empirical evidence. But, in order to beable to gather empirical evidence, we have to presuppose that theapproach already exists in practice. This paper proposes a social labmethodology that is suited to deal with this circularity. Themethodology (...)
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  32. Developing an understanding of social norms and games : Emotional engagement, nonverbal agreement, and conversation.Ingar Brinck - 2014 - Theory and Psychology 24 (6):737–754.
    The first part of the article examines some recent studies on the early development of social norms that examine young children’s understanding of codified rule games. It is argued that the constitutive rules than define the games cannot be identified with social norms and therefore the studies provide limited evidence about socio-normative development. The second part reviews data on children’s play in natural settings that show that children do not understand norms as codified or rules of obligation, and (...)
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  33. Construção Social.Teresa Marques - 2015 - Compêndio Em Linha de Problemas de Filosofia Analítica.
    A ideia de que certas categorias, propriedades, eventos, ou factos, são construídos socialmente tem sido defendida nas ciências sociais e humanidades desde meados do século xx. Nas últimas décadas, vários filósofos da tradição analítica começaram a dedicar mais atenção à possibilidade de que haja tipos de coisas construídas socialmente. A ideia complementa outra ideia relativamente consensual hoje em dia: a de que existem tipos naturais, mas que nem tudo o que existe constitui um tipo natural. São particularmente interessantes os tipos (...)
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  34. What are social groups? Their metaphysics and how to classify them.Brian Epstein - 2017 - Synthese 196 (12):4899-4932.
    This paper presents a systematic approach for analyzing and explaining the nature of social groups. I argue against prominent views that attempt to unify all social groups or to divide them into simple typologies. Instead I argue that social groups are enormously diverse, but show how we can investigate their natures nonetheless. I analyze social groups from a bottom-up perspective, constructing profiles of the metaphysical features of groups of specific kinds. We can characterize any given kind (...)
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  35. Social Aesthetic Goods and Aesthetic Alienation.Anthony Cross - forthcoming - Philosophers' Imprint.
    The aesthetic domain is a social one. We coordinate our individual acts of creation, appreciation, and performance with those of others in the context of social aesthetic practices. More strongly, many of the richest goods of our aesthetic lives are constitutively social; their value lies in the fact that individuals are engaged in joint aesthetic agency, participating in cooperative and collaborative project that outstrips what can be realized alone. I provide an account of nature and value of (...)
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  36. Care, Social Practices and Normativity. Inner Struggle versus Panglossian Rule-Following.Alexander Albert Jeuk - 2019 - Phenomenology and Mind 17:44-54.
    Contrary to the popular assumption that linguistically mediated social practices constitute the normativity of action (Kiverstein and Rietveld, 2015; Rietveld, 2008a,b; Rietveld and Kiverstein, 2014), I argue that it is affective care for oneself and others that primarily constitutes this kind of normativity. I argue for my claim in two steps. First, using the method of cases I demonstrate that care accounts for the normativity of action, whereas social practices do not. Second, I show that a social (...)
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  37. Co‐Subjective Consciousness Constitutes Collectives.Michael Schmitz - 2018 - Journal of Social Philosophy 49 (1):137-160.
    In this paper I want to introduce and defend what I call the "subject mode account" of collective intentionality. I propose to understand collectives from joint attention dyads over small informal groups of various types to organizations, institutions and political entities such as nation states, in terms of their self-awareness. On the subject mode account, the self-consciousness of such collectives is constitutive for their being. More precisely, their self-representation as subjects of joint theoretical and practical positions towards the world – (...)
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  38. Social Participation and Cohesion. On the Relationship between "Inclusion" and "Integration" in Social Theory (final draft, forthcoming).Behrendt Hauke - forthcoming - Social Theory and Practice.
    This article aims to make progress towards an account of social cohesion and participation in terms of which we can better understand how groups of people come to constitute stable social orders. It argues for a conceptual distinction between "inclusion" and "integration" and sheds new light on their theoretical relationship. While "integration" refers to group members' willingness to act in accordance with the given norms of a social structure, "inclusion" is linked to their participation opportunities. Although inclusion (...)
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  39. Connectomes as constitutively epistemic objects: critical perspectives on modeling in current neuroanatomy.Philipp Haueis & Jan Slaby - 2017 - In Progress in Brain Research Vol 233: The Making and Use of Animal Models in Neuroscience and Psychiatry. Amsterdam: pp. 149–177.
    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 (...)
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  40. On the role of social interaction in individual agency.Hanne De Jaegher & Tom Froese - 2009 - Adaptive Behavior 17 (5):444-460.
    Is an individual agent constitutive of or constituted by its social interactions? This question is typically not asked in the cognitive sciences, so strong is the consensus that only individual agents have constitutive efficacy. In this article we challenge this methodological solipsism and argue that interindividual relations and social context do not simply arise from the behavior of individual agents, but themselves enable and shape the individual agents on which they depend. For this, we define the notion of (...)
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  41. Socially Necessary Impact/Time: Notes on the Acceleration of Academic Labor, Metrics and the Transnational Association of Capitals.Krystian Szadkowski - 2016 - Teorie Vědy / Theory of Science 38 (1):53-85.
    This article constitutes a contribution to the critique of the political economy of contemporary higher education. Its notes form, intended to open "windows" on the thorny issue of metrics permeating academia on both the local/national and global levels, facilitates a conceptualization of the academic law of value as a mechanism responsible for regulating the tempo and speed of academic labor in a higher education system subsumed under capital. First, it begins with a presentation of the Marxist approach to acceleration and (...)
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  42. Casteism, Social Security and Violation of Human Rights.Desh Raj Sirswal - 2012 - In Manoj Kumar (ed.), Human Rights for All. Centre for Positive Philosophy and Interdisciplinary Studies (CPPIS), Pehowa (Kurukshetra). pp. 128-131.
    The consciousness of social security comes to a man when he feels that he is getting his basic rights. Human Rights are related to those rights which are related to man’s life, freedom, equality and self-esteem, are established by Indian constitution or universal declaration of human rights and implemented by Indian judiciary system. In other words, “Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, religion, language, (...)
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  43. The American Founding Documents and Democratic Social Change: A Constructivist Grounded Theory.A. I. Forde & Angelina Inesia-Forde - 2023 - Dissertation, Walden University
    Existing social disparities in the United States are inconsistent with the promise of democracy; therefore, there was a need for critical conceptualization of the first principles that undergird American democracy and the genesis of democratic social change in America. This constructivist grounded theory study aimed to construct a grounded theory that provides an understanding of the process of American democratic social change as it emerged from the nation’s founding documents. A post hoc polytheoretical framework including Foucault’s, Bourdieu’s, (...)
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  44. Social construction and indeterminacy.Kevin Richardson - 2024 - Analytic Philosophy 65 (1):37-52.
    An increasing number of philosophers argue that indeterminacy is metaphysical (or worldly) in the sense that indeterminacy has its source in the world itself (rather than how the world is represented or known). The standard arguments for metaphysical indeterminacy are centered around the sorites paradox. In this essay, I present a novel argument for metaphysical indeterminacy. I argue that metaphysical indeterminacy follows from the existence of constitutive social construction; there is indeterminacy in the social world because there is (...)
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  45. Explaining Universal Social Institutions: A Game-Theoretic Approach.Michael Vlerick - 2016 - Topoi 35 (1):291-300.
    Universal social institutions, such as marriage, commons management and property, have emerged independently in radically different cultures. This requires explanation. As Boyer and Petersen point out ‘in a purely localist framework would have to constitute massively improbable coincidences’ . According to Boyer and Petersen, those institutions emerged naturally out of genetically wired behavioural dispositions, such as marriage out of mating strategies and borders out of territorial behaviour. While I agree with Boyer and Petersen that ‘unnatural’ institutions cannot thrive, this (...)
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  46. Social glue and norms of sociality.David Copp - 2015 - Philosophical Studies 172 (12):3387-3397.
    If we are going to understand morality, it is important to understand the nature of societies. What is fundamental to them? What is the glue that holds them together? What is the role of shared norm acceptance in constituting a society? Michael Bratman’s account of modest sociality in his book, Shared Agency, casts significant light on these issues. Bratman’s account focuses on small-scale interactions, but it is instructive of the kinds of factors that can enter into explaining sociality more generally. (...)
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  47. Deliberative Democracy and Constitutional Review.Christopher F. Zurn - 2002 - Law and Philosophy 21 (4/5):467 - 542.
    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 (...)
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  48.  26
    Leaving the State of Nature: Strengths and Limits of Kant’s Transformation of the Social Contract Tradition.Helga Varden - forthcoming - Zeitschrift Für Politische Theorie.
    (Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms (...)
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  49. Legal Institutionalism: Capitalism and the Constitutive Role of Law.Simon Deakin, David Gindis, Geoffrey M. Hodgson, Kainan Huang & Katharina Pistor - 2017 - Journal of Comparative Economics 45 (1):188-20.
    Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, (...)
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  50.  80
    Beyond restorative justice: Social justice as a new objective for criminal justice.Gavrielides Theo & Nestor Kourakis - 2019 - London: Routledge.
    The author considers that the Penal Sciences face a wide range of human pathogenic issues, ranging from terrorism and human trafficking to corruption and the use of substances and are, thus, the ideal discipline for investigating the various scientific issues and the implementation of the scientific findings arising from such investigations. He also believes that the Penal Sciences, being inextricably linked to human values and constitutional rights, are, by their nature, beneficial towards the promotion and consolidation of values, such as (...)
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