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 (...) also indicate what senses liberals can accept that we are socially constituted and in what sense I take communitarians to argue we are socially constituted. (shrink)

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

Practices – specific, recurrent types of human action and activity – are perhaps the most fundamental "building blocks" of social reality. This book argues that the detailed empirical study of practices is essential to effective social-scientific inquiry. It develops a philosophical infrastructure for understanding human practices, and argues that practice theory should be the analytical centrepiece of social theory and the philosophy of the social sciences. -/- What would social scientists’ research look like if they (...) took these insights seriously? To answer this question, the book offers an analytical framework to guide empirical research on practices in different times and places. The author explores how practices can be identified, characterised and explained, how they function in concrete contexts and how they might change over time and space. -/- The Constitution of Social Practices lies at the intersection of philosophy, social theory, cultural theory and the social sciences. It is essential reading for scholars in social theory and the philosophy of social science, as well as the broad range of researchers and students across the social sciences and humanities whose work stands to benefit from serious consideration of practices. (shrink)

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.

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)

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 (...) the socio-ontological model of the constitution of social phenomena, which on the one side is understood in terms of habituation and materialization, and on the other side in terms of constitution through norms. The second side in the end prevails and leads to some sort of normative essentialism which involves a prescriptive meta-theoretical understanding of normativity combined with a socio-ontological model of constitutive rules. I then analyse two arguments that Jaeggi offers in support of her assumption that normative constitution is the deep structure of social practices. I name these the functional- teleological argument, and the crisis developmental argument, and argue that neither succeeds in proving that practices are not normatively underdetermined. (shrink)

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

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 (...) driving regulations, insisting that everyone drives on the left hand side of the road. We accept this limitation on our freedom because it lowers the probability of a collision. -/- This paper describes AI systems that are based on the constitutive view of social practice. According to this alternative view, there are certain actions that are only available to the agent because he is participating in a practice of a certain sort. For example, you can swing a peculiarly shaped piece of wood without participating in any particular practice - but this action will only constitute a strike if you are participating in a game of baseball. I can raise my hand whenever I like, but this only counts as voting for the motion within the institution of voting. But not all the examples are from frivolous, optional or institutional activities. Sellars and Brandom argue that even the fundamental act of assertion is only possible within the context of a particular social practice: the Game of Giving and Asking for Reasons. -/- The constitutive view, which is familiar to philosophers, is relatively unknown within the AI community. -/- The central aim of this paper is to show how the constitutive view of practice can be put to use in AI applications. (shrink)

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 (...) praxeological a priori remains largely disputed. In order to develop a testable constitutional model, this study revises how the “ontological turn” was introduced into liberal theories and redefines the concept of liberty. Liberty is usually understood as a moral goal or measurement for just actions, as the generative principle of all social existence - individual and interpersonal. For this purpose, the function of performative contradiction within the mechanism of interpersonal “encounter”, as part of the co-generative process of the individual becoming and social formation was explored through the production of a game-based narrative historiography grounded on 19th century life writings. This narrative historiography was developed in the context of Swiss history, with a “design-based” research approach, and resulted in a prototype for networked storytelling through which the transformative learning process could be visible and the negotiation of competing individual visions of the future could be re-enacted. (shrink)

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

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

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 (...) existence who emphasizes our engagement in norm-governed practices as the basis of social reality. I then defuse a common and understandable set of objections against invoking the early Heidegger as someone who can make any positive contribution to our understanding of social reality. Lastly, I explore the extent to which the early Heidegger’s philosophy provides insights regarding phenomena of collective intentionality by showing how the intelligibility of such phenomena traces back to individual agents’ common understanding of possible ways of understanding things and acting with one another. With the early Heidegger, I argue that this common understanding is the fundamental source and basis of collective intentionality, not the non-summativist constructionism on which contemporary analytic social ontology has sought to focus with much effort. The lesson about social ontology that we should learn from the early Heidegger is that there is a tight connection between the social constitution of the human individual and his or her capacity to perform actions or activities that instantiate collective intentionality. (shrink)

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. (...) Jednak wykluczenia nie można adekwatnie scharakteryzować jedynie poprzez jego przyczyny. Wielowymiarowość dotyczy także przejawów wykluczenia. O wykluczeniu społecznym w sensie właściwym mówi się wówczas, gdy ograniczenia dotyczą jednocześnie wielu sfer życia społecznego. Chodzi przy tym o sfery fundamentalne, istotne . Charakterystyczne dla wykluczenia jest dłuższe trwanie w czasie. Często ma wymiar przestrzenny – procesy wykluczania prowadzą do wyodrębnienia obszarów, enklaw zamieszkanych przez wykluczanych, co jeszcze bardziej utrwala stan wykluczenia. Procesy wykluczania prowadzą niekiedy do zjawiska zwanego dziedziczeniem biedy czy wykluczenia. Ochrona przed wykluczeniem, wolność od niego, została uznana za prawo człowieka; prawo niesprowadzalne do tradycyjnie formułowanych praw gospodarczych, socjalnych i kulturalnych; mimo że wykluczenie społeczne dotyczy przede wszystkim udziału w życiu gospodarczym, społecznym i kulturalnym. Wykluczenie jest powiązane z naruszeniem zasady równości, jednak nie daje się ująć jedynie w perspektywie tej zasady, przy czym w szeregu istotnych punktów różni się od dyskryminacji w korzystaniu z praw człowieka. Poszukując w Konstytucji RP, w której brak jest kategorii „wykluczenia społecznego” zasadniczych punktów odniesienia należy poszukiwać w zasadzie godności z art. 30 oraz – w stosunku do obywateli – w art. 1. Jako pomocnicze punkty odniesienia można wskazać zasady sprawiedliwości społecznej, solidarności oraz równości, a także konstytucyjny katalog wolności i praw, przede wszystkim wolności i praw ekonomicznych, socjalnych i kulturalnych. (shrink)

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 (...) an ambitious school to be able to do such work internally. (shrink)

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 (...) that the norms that guide social interaction are dynamic, situated, and heterogeneous. It is argued that normativity is intersubjective and negotiable and starts to develop in the first year, emerging as a practical skill that depends on participatory engagement. Three sources of compliance are discussed: emotional engagement, nonverbal agreement, and conversation. (shrink)

This paper argues that we find a double deduction of the origin of society in Spinoza’s philosophy. The site of this doubleness is in E4p37, where Spinoza offers two distinct demonstrations for the same phenomenon. Paying close attention to this double articulation highlights important features of Spinozian social and political philosophy. As Étienne Balibar noted, the two demonstrations operate according to two dimensions of human existence, namely rationality and affectivity. Through rationality, human beings are necessarily in harmony; through affectivity, (...) human beings are in an ambivalent relationship towards one another. The root of this ambivalence, Balibar argued, is the structure of imitation that rules human interactions. Accordingly, the task of politics is to avoid the inimical tendencies of the said ambivalence through artful strategies. In this paper, I aim to sharpen Balibar’s reading by proposing a reading of E4p37 that focuses on a little-discussed distinction between commonality and similarity. This distinction bleeds into social life and becomes the difference between the apolitical community of friends and the political society of citizens. In other words, through a close re-reading of E4p37 that puts it in relation with Spinoza’s political works, I argue that rationality cultivates harmony under the guise of friendship, while politics is an art that shapes the category of the similar, thus drawing the contour of the fellow-citizen. Hence, politics seeks to imitate friendship, and it can only do so by shaping our judgement concerning the similarity of the other. (shrink)

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 (...) weak conception, sociality is a mere aggregation of individual subjects and the core features of human agency are built into each individual mind. The weak conception of sociality remains today widely taken for granted. I show that Christine Korsgaard, one of the most creative contemporary appropriators of Kant, operates with a weak conception of sociality and that this produces a problematic explanatory deficiency in her view: she is unable to explain the peculiar motivational efficacy of shared social norms. Heidegger's view is tailor made to explain this phenomenon. I end by sketching how Heidegger provides a social explanation of a major systematic concern animating Korsgaard, the concern with the importance of individual autonomy and answerability in human life. (shrink)

This essay discusses the idea that trust is a pre-rational, other-oriented emotion and it is constitutive of friendship practices regardless of the type of friendship. In particular, what we call ‘social friendship’ refers to a distinctive set of loose but lasting and cohesive bonds both among citizens within society (horizontal dimension) and between them and the state (vertical dimension), triggering solidarity and altruism. The other-oriented emotion of trust underpinning these social bonds–social friendship–in turn, is necessary for (...) class='Hi'>social justice to be supported, legitimized, and furthermore demanded by society. (shrink)

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. (...) I then bring my account to bear on the debate about the exculpatory potential of moral ignorance. I show that a prominent position in this debate – the position that denies that moral ignorance exculpates – is grounded on an individualistic and acontextualist conception of moral capacities, moral cognition, and blameworthiness, and that this conception leads those philosophers who endorse it to make a number of questionable claims regarding the ability of ordinary agents to overcome their moral ignorance and the culpability they bear for the latter. I conclude by indicating how my socially situated account addresses the issue of moral ignorance. (shrink)

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.

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)

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 (...) draw attention to the way in which our embodied experience of one another is altered when we meet in digital spaces, taking as our focus the themes of perceptual access, intercorporeality, shared space, transitional spaces, and self-presentation. In light of the way in which technological mediation alters various dimensions of our social encounters, we argue that digital encounters constitute their own forms of sociality requiring their own phenomenological analysis. We conclude our paper by raising some broader concerns about the very framework of thinking about digitally and non-digitally mediated social encounters simply in terms of replacement. (shrink)

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. (...) Norms of “social rationality” play an important role in Bratman’s account. I agree with his idea that these norms have normative force. I contend that these norms actually are morally significant. On the resulting view, social glue consists of actual and intended meshing of intentions and shared knowledge combined with a kind of normative pressure that has normative authority—along with other more familiar factors such as familial connections, cooperative arrangements, and affective states such as loyalties. (shrink)

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. (...) -/- However, there are ways to resist the causal influence of social categories, and certain socially marginalized groups can be understood as attempting to do just this. I discuss two instances of social category resistance: gender pronouns and the rights of trans individuals. I suggest that the intentional declaration of gender pronouns (“she/her” or “they/them”) can be understood as an attempt to resist the causal powers of nonconsensual social categorization. Similarly, one among many reasons to support the rights of trans individuals is that their self-declarations of gender identity can be viewed as a reclamation of agency in the face of causal constraints imposed by socially defined and imposed gender categories. This lesson can be generalized to people belonging to a broad range of marginalized groups. (shrink)

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 (...) a more worldly – and less intellectualist – approach to social ontology. (shrink)

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

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 (...) perception extends to the environment. Then I will expand the notion of affordance to encompass social affordances. Thus, perception can in some situations also be socially extended. (shrink)

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, (...) courts and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part of the power structure of society, and a major means by which power is exercised. This argument is illustrated by considering institutions such as property and the firm. Complex systems of law have played a crucial role in capitalist development and are also vital for developing economies. (shrink)

In this thesis, I explore how a fictionalist approach can be applied to social ontology, especially for conferred kinds, in the context of action explanation and prediction by comparing this view with various realist views. Chapter 1 is concerned with clarifying constitution accounts and the criteria for comparison. Chapter 2 gives three different kinds of problems against this realist view, which makes this view less credible. Chapter 3 introduces conferralist accounts. Chapter 4 will deal with the question of (...) whether conferralist accounts can solve these problems. I will argue that even if the second problem is solved, the first and third problems still arise in conferralism. In Chapter 5, I propose a fictionalist social ontology. Thus, in Chapter 6, I argue that social fictionalism solves the problems in question. (shrink)

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 (...) to defend or promote their privileges or vision. This root context of civil interaction around 17th and 18th centuries has underlain the modern form of democratic state. Within the concern of these two points, the paper has explored the main feature of limited government in the liberal constitutionalism, which deals with the separation of powers principle, distribution of governmental powers and some of controversies involving the social legislation and role of public officers. I hope that it could be a lesson for the public officer of both camps, one as realistically and the other in the context of analogical insights. Hopefully, I may expect that the following research may be bred in socialist tension of states about how the public officers are structured to act and could liberate themselves to progress. (shrink)

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 (...) combines the defining features of social labs emergingfrom the literature such as agility and real-world focus withestablished theories and approaches such as action research andexperiential learning. Thereby it enables the parallel investigationand propagation of RRI. The framework thus constructed provides atheoretical embedding of sociallabs and overcomes some of theknown limitations of the constitutive approaches. (shrink)

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 (...) group of people and their successors, though not every legal rule pertains to a coordination problem. The framework for thinking about legal norms that I describe is a framework for thinking about institutions and policies more generally. The idea is to show that legal norms are a species of institutional norm. There are two central ideas. The first is the idea of a role in an institution. The second is the idea of proxy agency. Proxy agency involves one agent or group acting under the authorization of another agent or group (perhaps subsuming it) in a way that makes the actions of the proxy count as actions (under a description) of the individual or group for which it is a proxy. We get the characteristic structure of a legal system by conceiving of an institutional group, itself conceived of as a set of interlocking roles realized in individuals, as having one or more roles for proxy agents who are authorized by the group to make policy for the group. The set of rules governing the basic constitution of the group and spelling out the powers of the policy proxies determine fundamental norms for the group with specific role responsibilities attaching to particular positions in institutional arrangements. The policies determine further norms whose force derives from the fundamental norms. We must then say some further things to distinguish institutions and policies which we wish to designate as legal. (shrink)

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 (...) of social group with four complementary profiles: its “construction” profile, its “extra essentials” profile, its “anchor” profile, and its “accident” profile. Together these provide a framework for understanding the nature of groups, help classify and categorize groups, and shed light on group agency. (shrink)

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 (...) two such social aesthetic goods—aesthetic communities and aesthetic traditions—and further argue that such goods are a core constituent of an aesthetically good life. At the same time, I argue that the ideals of the dominant theory of aesthetic value, aesthetic value hedonism, are incompatible with a full commitment to these social aesthetic goods; the hedonist is thereby alienated from the other participants within aesthetic communities and traditions. This sets up a dilemma for the hedonist: either the hedonist must bite the bullet, accepting that the theory leads to a problematic form of aesthetic alienation; or, we must reject aesthetic value hedonism and adopt a different theory of aesthetic value which accommodates the value of social aesthetic goods. I argue that we should take the second horn of the dilemma. (shrink)

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 (...) de coisas que parecem naturais, mas que se argumenta serem na realidade construídos socialmente. Nesta entrada, identifico o papel que as teses construtivistas têm no progresso social e político, distingo entre várias formas de construtivismo teoricamente interessantes – causal e constitutivo, e discuto três objecções à ideia do construtivismo factual. (shrink)

A central question along which phenomenological approaches to sociality or intersubjectivity have diverged concerns whether concrete interpersonal encounters or sharing a common world is more fundamental in working out an adequate phenomenology of human sociality. On one side we have philosophers such as the early Sartre, Martin Buber, Michael Theunissen, and Emmanuel Levinas, all of whom emphasize, each in his own way, the priority of some mode of interpersonal encounters (broadly construed) in determining the basic character of human coexistence. On (...) the other side, we have philosophers such as the early Heidegger and the early Merleau-Ponty (and here I would also include Gadamer and the later Wittgenstein), who argue that an adequate account of human sociality must begin, in the proper order of understanding and hence explanation, with how we always already exist in a shared or common world. Which side is right in this debate? I argue that once we correctly understand the precise sense (or way) in which the common world is more fundamental than concrete interpersonal encounters, this enables us to understand how there is no real opposition between the phenomenological conception of the common world and the experience of the other, even in its radical otherness. (shrink)

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 (...) one-sided explanation of universal social institutions in terms of genetic human nature is unsatisfactory. Drawing on the literature on multi-level selection and gene-culture coevolution, I argue that universal social institutions are first and foremost the products of cultural selection. They occupy fitness peaks in the landscape of cultural possibilities, much in the same way that biological adaptations occupy fitness peaks in the landscape of biological possibilities. To show this, I use game-theory. By modelling the domains of social interaction in which marriage, commons management, and property emerged as Prisoner’s dilemma situations, it becomes clear how an institutional framework allows the group to move to an interactive equilibrium with a larger payoff. Institutions do so by incentivising all parties to adopt a cooperative strategy. They are culturally selected ways of optimising genetically constrained domains of human social interaction. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is (...) the theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

In his comment, McGann argues that in my “From Sensorimotor Dependencies to Perceptual Practices: Making Enactivism Social,” I have overlooked a group of enactivist theories that can be grouped under the participatory sense-making label. In this reply, I explain that the omission is due to the fact that such theories are not accounts of perception. It is argued that, unlike participatory sense-making, the approach of the “From Sensorimotor Dependencies to Perceptual Practices” article does not focus on the perceptual aspects (...) of things social, but on the social aspects that are constitutive of perception in general. I conclude by underscoring the central argument of the original article: that the adequate notion to make enactivism about perception social is that of “perceptual practices,” a social practices-based notion of perception. (shrink)

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 (...) autonomy as both a characteristic of individual agents and of social interaction processes. We then propose a number of ways in which interactional autonomy can influence individuals. Then we discuss recent work in modeling on the one hand and psychological investigations on the other that support and illustrate this claim. Finally, we discuss some implications for research on social and individual agency. (shrink)

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 (...) practice account of the normativity of action has unwillingly authoritarian consequences in the sense that humans act only normatively if they follow social rules. I suggest that these authoritarian consequences are the result of an uncritical phenomenology of action and the fuzzy use of “normative”. Accounting for the normativity of action with care entails a realistic picture of the struggle between what one cares for and often repressive social rules. (shrink)

The constitutions of many nations have been explicitly or implicitly founded upon principles of the social contract derived from Thomas Hobbes. The Hobbesian egoism at the base of the contract fairly accurately represents the structure of market enterprise. A contractarian analysis may, then, allow for justified or rationally acceptable universal standards to which businesses should conform. This paper proposes general rational restrictions upon multi-national enterprises, and includes a critique of unjustified restrictions recently proposed by the Organization for Economic Cooperation (...) and Development (OECD). I propose restrictions that may be tighter than the OECD and international law currently demand, because reason requires that the activities of enterprises accord with standards of environmental and governmental sustainability in addition to consortium, national law and international law agreements. I argue that it is justifiable that indictments may be presented by a citizen or a government against the local arm of a multinational enterprise in response to violations committed by an arm within a different country. (shrink)

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 (...) be isolated at the level of human interaction, and are, rather, in part proper to animal interaction as well. Furthermore, it is argued that recognitive powers are constitutive powers more basic than deontic ones and play a role much broader than the one they in fact assume in Searle and in Brandom. (shrink)

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, (...) or any other status.”1 We are all equally entitled to our human rights without discrimination. But we when come the present conditions of Indian society, it is painful to say we find lots of discrimination and violations of human rights is a common problem. In this paper it is an attempt is made to describe that casteism cause social insecurity and is a form of violation of human rights. (shrink)

In recent years a growing number of philosophers in the analytic tradition have focused their attention on the significance of human sociality. An older point of departure of analysis, which actually precedes this current tide of accounts of sociality, has revolved around the debate between “holism” and “individualism” in the philosophy of the human or social sciences and social theory. The more recent point of departure for various accounts of sociality has centered on the nature of conventions, (...) class='Hi'>social groups, shared intentions, or collective intentionality. Putting aside the disagreements among these accounts, they all take for granted an antecedently intelligible notion of individual agency as explanatorily primitive and seek to explain the possibility of plural or collective agency in terms of the former. By contrast, other philosophers who have worked at the intersection of analytic and "continental" philosophy have emphasized the primacy of practice as the proper starting point for philosophical reflections on the nature of human sociality. In the analytic tradition this emphasis is typically framed in terms of the possibility of rule-following, a topic put on the philosophical agenda by the later Wittgenstein. Peter Winch’s and Saul Kripke’s influential but controversial readings of Wittgenstein explicitly thematize the issue of rule-following, readings which have in turn generated critical reflection in various disciplines for which this issue is relevant. -/- I begin by briefly explicating the positions of Pettit and Brandom on the issue of rule-following (putting aside any specific differences between them for the moment). Next I connect Pettit’s and Brandom’s views on rule-following, and more generally on normativity and its necessarily social basis, with the views of Theodore Schatzki and Joseph Rouse, whose conceptions of the significance of practice and its inherent sociality are indebted as much to the early Heidegger as well as the later Wittgenstein. I suggest that Pettit’s and Brandom’s views of the necessarily social nature of rule-following (i.e., practice) ought to acknowledge and integrate the shared insight of Schatzki and Rouse that practices are not only modes of activity, but constitute more basically the concrete setting or world within which practices qua modes of activity are intelligible (verständlich) at all. I conclude the paper by suggesting how an integrated account of the significance of the necessarily social nature of practice undermines the assumptions of those philosophers who seek to analyze human sociality solely on the basis of modes of interactions among individual agents. (shrink)

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

This essay 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)

Social media platforms have been rapidly increasing the number of informational labels they are appending to user-generated content in order to indicate the disputed nature of messages or to provide context. The rise of this practice constitutes an important new chapter in social media governance, as companies are often choosing this new “middle way” between a laissez-faire approach and more drastic remedies such as removing or downranking content. Yet information labeling as a practice has, thus far, been mostly (...) tactical, reactive, and without strategic underpinnings. In this paper, we argue against defining success as merely the curbing of misinformation spread. The key to thinking about labeling strategically is to consider it from an epistemic perspective and to take as a starting point the “social” dimension of online social networks. The strategy we articulate emphasizes how the moderation system needs to improve the epistemic position and relationships of platform users — i.e., their ability to make good judgements about the sources and quality of the information with which they interact on the platform — while also appropriately respecting sources, seekers, and subjects of information. A systematic and normatively grounded approach can improve content moderation efforts by providing clearer accounts of what the goals are, how success should be defined and measured, and where ethical considerations should be taken into consideration. We consider implications for the policies of social media companies, propose new potential metrics for success, and review research and innovation agendas in this regard. (shrink)

In this paper I will argue that critical theory needs to make its socio-ontological commitments explicit, whilst on the other hand I will posit that contemporary social ontology needs to amend its formalistic approach by embodying a critical theory perspective. In the first part of my paper I will discuss how the question was posed in Horkheimer’s essays of the 1930s, which leave open two options: (1) a constructive inclusion of social ontology within social philosophy, or else (...) (2) a program of social philosophy that excludes social ontology. Option (2) corresponds to Adorno’s position, which I argue is forced to recur to a hidden social ontology. Following option (1), I first develop a metacritical analysis of Searle, arguing that his social ontology presupposes a notion of 'recognition' which it cannot account for. Furthermore, by means of a critical reading of Honneth, I argue that critical theory could incorporate a socioontological approach, giving value to the constitutive socio-ontological role of recognition and to the socio-ontological role of objectification. I will finish with a proposal for a socio-ontological characterization of reification which involves that the basic occurrence of recognition is to be grasped at the level of background practices. (shrink)

This paper takes a new look at an old question: what is the human self? It offers a proposal for theorizing the self from an enactive perspective as an autonomous system that is constituted through interpersonal relations. It addresses a prevalent issue in the philosophy of cognitive science: the body-social problem. Embodied and social approaches to cognitive identity are in mutual tension. On the one hand, embodied cognitive science risks a new form of methodological individualism, implying a dichotomy (...) not between the outside world of objects and the brain-bound individual but rather between body-bound individuals and the outside social world. On the other hand, approaches that emphasize the constitutive relevance of social interaction processes for cognitive identity run the risk of losing the individual in the interaction dynamics and of downplaying the role of embodiment. This paper adopts a middle way and outlines an enactive approach to individuation that is neither individualistic nor disembodied but integrates both approaches. Elaborating on Jonas’ notion of needful freedom it outlines an enactive proposal to understanding the self as co-generated in interactions and relations with others. I argue that the human self is a social existence that is organized in terms of a back and forth between social distinction and participation processes. On this view, the body, rather than being identical with the social self, becomes its mediator. (shrink)