Technical artifacts do not seem particularly continuous with institutional statuses. If statuses are defined in terms of their constitutive rules, as Searle maintains, then disassociation is always possible – someone or something can satisfy those rules without being able to realize the functional effects that are associated with that status. The gap between technical artifacts and Searlean statuses suggests the possibility of an additional social kind, which I call, following Muhammad Ali Khalidi, a ‘real social kind’. However, (...) the placement of real social kinds between technical artifacts and statuses recommends a reconfiguration of Khalidi’s most abstract characterization of the notion. This reconfiguration also lends support to his surprising claim that money is a real social kind. (shrink)

Artifacts include practical items such as tables, chairs, and screwdrivers, as well as artworks such as paintings, sculptures, and musical works. Social objects include social and institutional things such as dollars, borders, states, corporations, and universities. Although we are all familiar with such entities, it is far from clear what their nature or essence consists in and whether they even have a real nature or essence. The aim of this chapter is to survey and critically examine various positions (...) on these two central philosophical issues concerning essence and artifacts, artworks, and social objects. I first consider whether the kinds 'artifact' and 'social object'—as well as kinds of artifacts and social objects—have essences. I then inquire into what these essences may be. (shrink)

Describing how the study of artifacts is greatly enhanced by an understanding of the history of museums, Ken Arnold remarks that there is “an implicit faith in the power of objects to tell, or at least ask, historians things that the written word alone cannot” (1999, p. 145). Rather than remaining mute objects or passive accessories to textual descriptions, artifacts (and the museums that house them) are tangible incarnations of the culture from which they emerged, providing unique information (...) on the attitudes and behaviors of the past. In practice, studying and learning from artifacts can sometimes pose methodological problems, as a text-oriented historian may have no idea of how to “read” an object in order to reveal its secrets of the past. Historians and philosophers are trained almost exclusively to work with written and oral documents, limiting their analysis by neglecting such a valuable group of sources. However, as outlined in a special issue of Studies in the History and Philosophy of Science (2007, vol. 38, no. 2), it is apparent that a new historiographical tide has swept over scholars, encouraging new studies and methodologies for working with artifacts, objects, and images. (shrink)

In this paper I take it for granted that legal institutions are artifacts. In general, this can very well be considered a trivial thesis in legal philosophy. As trivial as this thesis may be, however, to my knowledge no legal philosopher has attempted an analysis of the peculiar reality of legal phenomena in terms of the reality of artifacts, and this is particularly striking because there has been much discussion about artifacts in general philosophy (specifically analytic metaphysics) (...) over the last twenty years. In particular, the concepts of intention, function, plan of action, and history are in competition to explain the ontology of artifacts, and a similar competition can be found at the core of legal theory. Such a striking parallelism between the domain of artifacts and that of legal institutions is a clue for legal ontology that deserves further attention: I will offer my own interpretation of this parallelism in the first part of this paper (Sections 2 and 3). In providing a theory of legal institutions as artifacts, one could be led to the conclusion that law is essentially an artificial phenomenon, something which does not bear any significant relationship to the natural domain. However, I think that such a conclusion would be mistaken. In fact, this is the second thesis I want to explore in this paper: not only that legal institutions are artifacts, but also that they can be artifacts which in some sense "mirror," or imitate, some descriptions of the natural, pre-social reality we live in. What I would like to show is not that legal institutions are "natural" in the sense that they have some feature which is not human-dependent, as some natural law theorists would say, but rather that their conceptual content can depend on our conceptualization of the natural domain despite being entirely artifactual. This is what I will call the "institutional mimesis" behind several important instances of legal artifacts, and I will deal with it in the second part of this paper (Sections 4 and 5). (shrink)

This article discusses ‘brainstorm’ interaction in a multimodal perspective. It shows how an innovation workshop facilitator is ‘doing facilitation’ by not only organizing group activities and managing turn-taking, but also drawing each group member out to participate actively and contribute to the group process. Institutional goals are transformed to individual conversational participation. Participants are helped to express their thoughts and engage in a social process of clarifying, developing and refining ideas. In the process the facilitator is socializing the participants (...) into a particular participation framework, letting them collaborate in shaping a local community of practice. The facilitator is separating phases of activities to afford decoupling actions, creating specific local sequential environments for participants to produce particular kinds of talk, thus engaging a group of participants in a social process of collaborative idea development. The article will show how multimodal orientation to a range of semiotic resources is used to manage topical talk, elicit talk from a particular person, manage speaker transition, secure progression and shifts, perform shift in participant identity and elicit talk performing particular social actions, explanations and accounts. A process is shaped in which collaboratively produced underspecified ideas are turned into ‘noticings’ in order to create slots for them to be explained and accounted for so that individual cognitive processes are made available for treatment in a social process of idea development, and selection of ideas is prioritized over discussion/rejection. (shrink)

Ethically significant consequences of artificially intelligent artifacts will stem from their effects on existing social relations. Artifacts will serve in a variety of socially important roles—as personal companions, in the service of elderly and infirm people, in commercial, educational, and other socially sensitive contexts. The inevitable disruptions that these technologies will cause to social norms, institutions, and communities warrant careful consideration. As we begin to assess these effects, reflection on degrees and kinds of social agency will be required (...) to make properly informed decisions concerning the deployment of artificially intelligent artifacts in important settings. The social agency of these systems is unlike a human social agency, and this paper provides a methodological framework that is more suited for inquiry into artificial social agents than conventional philosophical treatments of the concept of agency. Separate aspects and dimensions of agency can be studied without assuming that agency must always look like adult human agency. This revised approach to the agency of artifacts is conducive to progress in the topics studied by AI ethics. (shrink)

In recent years, some prominent legal philosophers have argued both that law (as a legal system) is a certain kind of abstract artifact and that we can elucidate its nature by elucidating its artifactual properties (e.g., authorship, functionality, etc). In this chapter, I present an objection to their arguments and show that law is not an abstract artifact, but rather a composite, concrete entity. I do so by arguing that law is an institutional practice, the purpose of which is (...) for legal organisations to produce legal artifacts (e.g., laws, legal judgements, international treaties, etc) through the performance of legal activities. Based on this, I next provide an ontological analysis of these artifacts by elaborating on the conditions for their creation and maintenance. By distinguishing law as an institutional practice from legal artifacts as institutional objects created by legal organisations, I intend to advance a more precise ontological account of legal phenomena. (shrink)

This essay argues that in overlooking the assault on the autonomy, unity, and tenacity of the classical world underway in Europe after 1880, historians have failed to appreciate an important element of historiographical reorientation at the fin de siècle. This second "revolution" in humanistic scholarship challenged the conviction of the educated elite that European culture was rooted exclusively in classical antiquity in part by introducing as evidence non-textual forms of evidence; the testimony of artifacts allowed writers to reach beyond (...) romantic-nationalist histories toward the identification of cultural areas, defined by morphological similarities, and to disrupt the traditional categories of the civilized and the barbaric. The essay focuses on a relatively obscure Austrian art historian, Josef Strzygowski, whose insistence upon Europe's dependence on Oriental forms and upon the superior historical value of material, over textual, evidence provided critics of philologically-based humanism with two important argumentative avenues. Strzygowski also represents a para-academic type, whose rise to power and prestige contributed to the so-called "decline of the German mandarins." In sketching his career, the essay attempts to show how this "decline" is bound up with the waning institutional and popular status of Renaissance humanism--and a corresponding rise of biologistic Germanophilia--in the two intellectual milieux Strzygowski inhabited . A final section suggests that this antihumanist crusade contributed not only to the articulation of racist historiography, but also to the eventual transference of politico-moral legitimacy to a non-elitist, anthropological definition of culture. (shrink)

I have argued that law is a genre of institutionalized abstract artifact, meaning that laws are purposive products of human creation designed to signal norms of behavior with respect to them. Its institutional nature is seen in the fact that it is a system of artificial statuses that convey deontic powers to status holders understood in their institutional roles. Following Searle in explaining institutions, however, is also to see the institution as the 'continuing possibility of a practice.' Hence (...) there is no tension in seeing law as both a practice and a genre of artifact. (shrink)

The book provides a novel account of the ontological foundations of institutional facts, and argues that there are some important epistemic and methodological implications that follow from this ontology. The first part of the book offers a detailed reductive account of institutional facts by way of metaphysical grounding. It shows that an ontology of institutional facts requires an ontology of social rules, and the latter depends on a reductive account of collective attitudes. The book offers a grounding-reductive (...) account of collective attitudes that comports with methodological individualism. It argues for a functional explanation of the constitutive relations between rules and practices, challenging John Searle’s influential distinction between constitutive and regulative rules. The second part of the book aims to show that there are a number of important epistemic and methodological conclusions that follow from the ontology of institutional facts. First, that there are certain types of widespread errors about the socially constructed aspects of reality that are not metaphysically possible. The second methodological argument is that a metaphysical account of institutional reality does not have to provide an explanation of the relevant social practices in terms that would rationalize the practice for the participants themselves. Finally, the last chapter explains the idea of hierarchical practices, arguing that basic social power-structuring rules function to transform brute power into an elaborate normative framework, constituting authoritative institutions that are central to our institutional reality. (shrink)

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

I will first discuss how social interactions organize, coordinate, and specialize as “artifacts,” tools; how these tools are not only for coordination but for achieving something, for some outcome (goal/function), for a collective work. In particular, I will argue that these artifacts specify (predict and prescribe) the mental contents of the participants, both in terms of beliefs and acceptances and in terms of motives and plans. We have to revise the behavioristic view of “scripts” and “roles”; when we (...) play a role we wear a “mind.” No collective action would be possible without shared and/or ascribed mental contents. This is also very crucial for a central form of automatic mind-reading (mind ascription). Second, I will argue that often what really matters is the ascribed/prescribed, worn, mind not the real, private one. We have to play (like in the symbolic play) “as if” we had those mental contents. This social convention and mutual assumption makes the interaction work. The ascribed beliefs and goals are not necessarily explicitly there; they might be just implicit as inactive (we act just by routine and automatically) or implicit as potential. The coordination and social action works thanks to these “as if” (ascribed and pretended) minds, thanks to those conventional constructs. Our social minds for social interactions are coordination artifacts and social institutions. (shrink)

In "the art circle", dickie presents a revised institutional account of art. i argue: 1) if we consider the letter of the new account, it fails to distinguish works of art from many other artifacts; 2) if we consider its spirit, it is closer to the approach of those who claim art cannot be defined than to dickie's own earlier approach; 3) dickie fails to show that an institutional framework is a necessary condition for being a work (...) of art. (shrink)

In this project, a spiral fast imaging sequence was implemented on a Bruker Avance MR system. Acquisition and processing schemes were developed to measure the experimental k-space trajectories. Since errors in k-space are reflected as errors in the corresponding image, we used different strategies to measure and calculate corrections for deviation of the experimental k-space trajectory from the theoretical one. Even if the k-space trajectories deviate from the theoretical ones, an experimentally measured trajectory can be incorporated in the spiral reconstruction (...) and a reduction of image artifacts can be obtained. (shrink)

Higher education institutions are mining and analyzing student data to effect educational, political, and managerial outcomes. Done under the banner of “learning analytics,” this work can—and often does—surface sensitive data and information about, inter alia, a student’s demographics, academic performance, offline and online movements, physical fitness, mental wellbeing, and social network. With these data, institutions and third parties are able to describe student life, predict future behaviors, and intervene to address academic or other barriers to student success (however defined). Learning (...) analytics, consequently, raise serious issues concerning student privacy, autonomy, and the appropriate flow of student data. We argue that issues around privacy lead to valid questions about the degree to which students should trust their institution to use learning analytics data and other artifacts (algorithms, predictive scores) with their interests in mind. We argue that higher education institutions are paradigms of information fiduciaries. As such, colleges and universities have a special responsibility to their students. In this article, we use the information fiduciary concept to analyze cases when learning analytics violate an institution’s responsibility to its students. (shrink)

The opposition between nature and culture has always been paradigmatic in the philosophy of society, and in this sense it is certainly striking that, in contemporary theories of collective acceptance in social ontology—theories which actually entail the presence of individual mental content in the form of beliefs—the shaping role of culture has not found significant recognition. However, it cannot but be trivially true that cultural presuppositions play a role in the maintenance and development of beliefs on rules and other kinds (...) of abstract artifacts. But once we recognize that the reality of social institutions is at least culturally-dependent, the question emerges whether there is still room for nature as a possible determinant of social reality. Many authors maintain that there is and argue that there are objective natural features shared by human beings which are necessary conditions to explain the emergence of institutional structures within society. This is a culture-independent relation between nature and social institutions. In this paper, however, I will try to argue that there is another, very peculiar, way in which nature can work as a possible determinant of social reality, a way which is instead culture-dependent. In particular, I will give three examples of this kind of culture-dependent relations—examples about states, corporations, and contracts—and I will introduce a new concept to account for it, that of “institutional mimesis.” I will then provide an explanation of how institutional mimesis can have an impact on the content of collective acceptance by appealing to two influential theories in contemporary cognitive psychology. Finally, I will explain the ontological significance of institutional mimesis using Ian Hacking’s concept of historical ontology. (shrink)

This paper addresses two disciplinary expansion trends in social sciences: in sociology, by denying the distinction between human and non-human; in archaeology, relying on the objet-mémoire concept, which associates the ideas of social interaction and memory processes. We discuss them from an ethnographic study of the ordinary containers in a biology laboratory. The signs, drawn or engraved on their surface, are a proxy for a joint analysis of artifacts, textuality, institutionalization processes, and social stratification. Rather than such disciplinary expansions, (...) we argue in favor of an ethnography based on the “cultural technology” trend. ---------------------- Cet article identifie deux programmes d’extension disciplinaire en sciences sociales, fondés sur une redéfinition du statut accordé aux objets : en sociologie, en niant la distinction entre humain et non‑humain ; en archéologie, en introduisant le concept d’« objet‑mémoire », qui intègre l’interaction sociale et les processus mémoriels. Leur discussion est menée à partir d’une ethnographie des contenants usuels d’un laboratoire de biologie. Les marques apposées à leurs surfaces permettent l’analyse conjointe des ensembles d’artefacts, de leur textualité, des processus d’institutionnalisation et de la stratification sociale du laboratoire. Aux ambitions expansionnistes, on oppose une ethnographie des techniques fondée sur la technologie culturelle. (shrink)

One of the important determinants of development during the transition to adulthood is the undertaking of social roles characteristic of adults, also in the area of finishing formal education, which usually coincides with beginning fulltime employment. In the study discussed in this paper, it has been hypothesized that continuing full-time education above the age of 26, a phenomenon rarely observed in Poland, can be considered as an unpunctual event that may be connected with difficulties in the process of identity formation. (...) Relationships between identity dimensions and identity statuses, and age and educational context were analyzed. 693 individuals aged 19-35 took part in the study. The participants attended three types of educational institutions: full-time university studies, part-time university studies, and full-time post-secondary school. Among the students of full-time university studies predictable dependencies, also in respect of highlevels of indicators of identity crisis and a high frequency of diffused identity occurrence, were observed. Such dependencies were not found in the group of full-time post-secondary school students. (shrink)

The aim of this paper is to articulate and analyse the complexity of the concept of work in Hannah Arendt’s philosophy. Work is usually interpreted as antithetical to political action. This claim merits specification: only the instrumental, utilitarian strand of homo faber poses real danger to authentic politics. By contrast, the artistic or cultural mode of homo faber is not only compatible with Arendt’s understanding of politics, but in fact indispensable for any form of political longevity. Enduring political existence is (...) impossible without the constant support of artists, poets, historiographers and monument-builders who reify and memorialize the key meanings of political communities. This claim is substantiated by applying the phenomenological concept of sedimentation and drawing the political implications of this application. However, similarly to Edmund Husserl, Arendt identified a dual, problematic nature of sedimentation that underscores the importance of natality and thinking in artistic practice. (shrink)

The paper claims that the rule of recognition, given the way it is presented by Hart, cannot be a constitutive rule of any legal system as a whole, but rather a constitutive rule of legal rules as elements of a legal system. Since I take the legal system to be an institutional artifact kind, I claim that, in order to account for a legal system as a whole, at least two further constitutive rules, in addition to the rule of (...) recognition as a token-element constitutive rule, are needed – one constitutive of legal officials and the other constitutive of a legal system as a token. However, given the central role the legal officials' practice occupies in establishing a particular instantiation or token of a legal system, I also claim that the rule of recognition cannot be understood as 'merely' a token-element constitutive rule but also as a legal system's implementation or concretisation rule. (shrink)

The paper claims that the rule of recognition, given the way it is presented by Hart, cannot be a constitutive rule of any legal system as a whole, but rather a constitutive rule of legal rules as elements of a legal system. Since I take the legal system to be an institutional artifact kind, I claim that, in order to account for a legal system as a whole, at least two further constitutive rules, in addition to the rule of (...) recognition as a token-element constitutive rule, are needed – one constitutive of legal officials and the other constitutive of a legal system as a token. However, given the central role the legal officials' practice occupies in establishing a particular instantiation or token of a legal system, I also claim that the rule of recognition cannot be understood as 'merely' a token-element constitutive rule but also as a legal system's implementation or concretisation rule. (shrink)

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

Although the notion of constitutive rule has played an important role in the metaphysical debate in social and legal philosophy, several authors perceive it as somewhat mysterious and ambiguous: the idea of a specific kind of rules that are supposed to be “magically” constitutive of reality seems suspicious, more a rationalistic fiction than a genuine explanation. For these reasons, reductionist approaches have been put forward to deflate the explanatory role of this notion. In this paper, I will instead try to (...) defend constitutive rules. My thesis is that the notion of constitutive rule is explanatorily helpful because it gives a complete account of an important phenomenon in the social and legal domain, namely, that of artifactual entities endowed with statuses that can have emergent normative properties. Conceiving of these entities as rule-constituted artifacts is an important part of what H. L. A. Hart called “the internal point of view” toward law, and for this reason constitutive rules should be included in an explanation of that point of view as an integral part of the life of institutions. The structure of my argument will be as follows. First, I will provide an example of an important phenomenon in the internal point of view, namely, the fact that individuals can have normative reactions not about the specific regulation of an institution but about its underlying purpose and rationale—what in the legal domain is called the ratio of a norm. Then I will identify two reductionistic approaches on constitutive rules. The first approach is exemplified by Brian Epstein’s idea that the phenomena explained by constitutive rules are better explained in terms of metaphysical (grounding/anchoring) relations. The second kind of reductionism is instead exemplified by the idea (held by several authors, among whom Alf Ross, Riccardo Guastini, Frank Hindriks, and Francesco Guala) that the phenomena explained by constitutive rules can be accounted for in terms of regulative rules plus a certain terminology. I will try to show that neither of these approaches can explain normative reactions to the ratio of an institution from an internal point of view: While the first cannot explain the fact that the reaction is strongly normative, the second cannot explain the fact that the reaction is about the ratio of a normative entity. Constitutive rules can instead explain both things and should be preserved as an important notion for the analysis of institutional ontology. By way of constitutive rules we create something: immaterial, rule-based institutional artifacts that can have emergent normative properties. (shrink)

Cognition in living entities—and their social groupings or institutional artifacts—is necessarily as complicated as their embedding environments, which, for humans, includes a particularly rich cultural milieu. The asymptotic limit theorems of information and control theories permit construction of a new class of empirical ‘regression-like’ statistical models for cognitive developmental processes, their dynamics, and modes of dysfunction. Such models may, as have their simpler analogs, prove useful in the study and re-mediation of cognitive failure at and across the scales (...) and levels of organization that constitute and drive the phenomena of life. These new models particularly focus on the roles of sociocultural environment and stress, in a large sense, as both trigger for the failure of the regulation of bio-cognition and as ‘riverbanks’ determining the channels of pathology, with implications across life-course developmental trajectories. We examine the effects of an embedding cultural milieu and its socioeconomic implementations using the ‘lenses’ of metabolic optimization, control system theory, and an extension of symmetry-breaking appropriate to information systems. A central implication is that most, if not all, human developmental disorders are fundamentally culture-bound syndromes. This has deep implications for both individual treatment and public health policy. (shrink)

Social ontology is the study of the nature and properties of the social world. It is concerned with analyzing the various entities in the world that arise from social interaction. -/- A prominent topic in social ontology is the analysis of social groups. Do social groups exist at all? If so, what sorts of entities are they, and how are they created? Is a social group distinct from the collection of people who are its members, and if so, how is (...) it different? What sorts of properties do social groups have? Can they have beliefs or intentions? Can they perform actions? And if so, what does it take for a group to believe, intend, or act? -/- Other entities investigated in social ontology include money, corporations, institutions, property, social classes, races, genders, artifacts, artworks, language, and law. It is difficult to delineate a precise scope for the field (see section 2.1). In general, though, the entities explored in social ontology largely overlap with those that social scientists work on. A good deal of the work in social ontology takes place within the social sciences (see sections 5.1–5.8). -/- Social ontology also addresses more basic questions about the nature of the social world. One set of questions pertains to the constituents, or building blocks, of social things in general. For instance, some theories argue that social entities are built out of the psychological states of individual people, while others argue that they are built out of actions, and yet others that they are built out of practices. Still other theories deny that a distinction can even be made between the social and the non-social. -/- A different set of questions pertains to how social categories are constructed or set up. Are social categories and kinds produced by our attitudes? By our language? Are they produced by causal patterns? And is there just one way social categories are set up, or are there many varieties of social construction? -/- The term ‘social ontology’ has only come into wide currency in recent years, but the nature of the social has been a topic of inquiry since ancient Greece. As a whole, the field can be understood as a branch of metaphysics, the general inquiry into the nature of entities. (shrink)

Teachers and teacher educators in the US struggle with conflicting needs. They must think critically and adaptively in response to the rapidly changing demographics of their students and adjust to a policy climate that emphasizes standardization, measurement, and disregard for teachers as professionals. Embattled pre-service teacher education programs in institutions of higher education have traditionally sought to develop teacher candidates’ knowledge, skills, and dispositions. The authors argue that in the current climate pre-service teachers also must appropriate conceptual frameworks to support (...) their development as responsive professionals. While dispositions are beliefs and attitudes the origin and teaching of which remain in dispute, concepts like social justice, political-economic equity, and formative assessment are abstract ideas or concepts that inform practice. Conceptual tools, i.e., concepts, theories, and frameworks, guide novice teachers in making decisions in response to the growing and rapidly changing student populations they will teach as well as the policy contexts that constrain their teaching practice. The appropriation of conceptual tools contributes to development of vision and adaptive expertise required by responsive teacher professionals. Using an activity theory framework developed by Wartofsky that draws in particular on the classification of artifacts, or tools, this article frames and critically examines teachers’ need for conceptual tools, the appropriation of those tools, and a mixed methods study of that appropriation. The study demonstrates that teacher candidates do appropriate conceptual tools, but that measurement of that process, though desirable in the current policy context, requires the development of a systematic and replicable methodology. (shrink)

What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so (...) as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. -/- This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities. (shrink)

We explore Peirce’s pragmatic conception of sign action, as a distributed and emergent view of cognition and exemplify with the emergence of classical ballet. In our approach, semiosis is a temporally distributed process in which a regular tendency towards certain future outcomes emerges out of a history of sign actions. Semiosis self-organizes in time, in a process that continuously entails the production of more signs. Emergence is a ubiquitous condition in this process: the translation of signs into signs cannot be (...) inferred from the properties of the components of a semiotic triad alone, but has to take into account a complex interaction between a micro-semiotic and macro-semiotic level of description. This interaction can be understood as an interplay of potentialities and tendencies, or upward constitutive determinative relations and downward selective determinative relations. According to this view, emergence is a central defining condition of processes of meaning. Ballet is a sign in action. The emergence of classical ballet is a self-regulatory process, in which a system of different kinds of cognitive artifacts (musical, bodily/motor, spatial/architectonic) and agents obtained a stable semiotic relation throughout many phases of development between the 16th and the 19th Century. One case is the development of the verticality of dance in classical ballet as a semiotic relation connecting proscenium arch stages, dancing bodies, and audiences. This development is micro-semiotically determined by the spatial constraints of the proscenium arch stage, and macro-semiotically determined by a historical construction of the dancing body as a sign within a network of semiotic chains, such as the intersemiotic regulation of body of the dancer by principles coming from painting. This is not only the emergence of actual meaning, but also the emergence of an open-ended field of potential and general meanings, an autonomous tendency of development. To say that ballet, as sign action, emerges, is to say that cognitive artifacts such as dancer’s bodies, stages and audience’s point of view, musical compositions, costumes, all sorts of supporting institutions, etc, constitute a niche for sign action, interacting according to tendencies of development that didn’t exist before. (shrink)

In this article, we extend the concept of technology beyond the conventional understanding of systems and artifacts as embodiments of particular functionalities that are variously enacted in local settings. Technological artifacts or systems epitomize operational couplings that extend beyond the human-technology interface. Such couplings entail multiple, unobtrusive, back-staged links that evade human interpretation yet are critically involved in the reproduction and control of social relations. Cast in this light, technologies emerge as complex rationalized embodiments for structuring social relationships (...) and, in this quality, complement and occasionally compete with institutional modes of governance. We explore these ideas in the empirical context of cultural memory organizations (e.g., libraries, archives, museums). As the outcome of the technological developments that have marked the field over the last two decades, the operations of memory institutions increasingly mingle with those of information aggregators and search engines. These developments reframe longstanding professional practices of memory organizations and, in this process, challenge their institutional mandate. (shrink)

In the penultimate chapter of his book, Art as Language, G. L. Hagberg presents an argument against Arthur Danto, George Dickie, and other advocates of the Institutional Theory (IT), arguing that a tension exists within the theory. Through conferral, a spokesperson declares what artifacts are accepted into the artworld. Hagberg finds this problematic because, while the criterion one uses is something that the later Wittgenstein would endorse, it points back to an essentialism that he clearly rejected. But Hagberg (...) believes he can avoid this problem by applying Wittgenstein’s notion of certainty to specific artifacts in aesthetics. By relying on Wittgenstein’s notion of certitude, however, he exposes himself to a tension that exists in On Certainty: is certainty natural, or is it social? Although the propositions Hagberg uses have the potential to become certain, he treats them as if they begin that way. In this paper I present two ways in which Wittgenstein classifies or understands certainty: a bottom-up approach, where certainty is part of our natural and instinctual predisposition, and a top-down approach, where certainty is acquired through positive reinforcement. I believe Hagberg fails to appreciate this distinction as well as the consequences for his claim. (shrink)

Recent work in metaphysics has focused on the nature of artefacts, most accounts of which assume that artefacts depend on the intentions of their individual makers. Artefacts are thus importantly different from institutional kinds, which involve collective intentions. However, recent work in social ontology has yielded renewed focus on the social dimensions of various kinds, including artefacts. As a result, some philosophers have suggested that artefacts have a distinctly social dimension that goes beyond their makers' individual intentions but which (...) stops short of the collective intentionality of institutional kinds. I aim to combine these insights into an account of artefacts that involves disjunctive conditions of mind-dependence: Artefacts can either depend on the singular intentions of their makers or they can depend on the collective acceptance of particular social groups. Whether the first or second disjunct is satisfied depends on the artefact's context of creation. I'll argue that this applies not to artefact kinds but to individual artefacts. I then consider two objections to my view based on Robinson Crusoe cases and show how my account allows us to fit artefacts into a taxonomy of social kinds. (shrink)

Cultural practices and artifacts, in their multiple and varied forms, are grounded on values, which are so deeply internalized by people that usually remain in the background, as taken-for-granted guides for interpretations and decisions in everyday life. Shaping individual moral horizons is at the core of socialization processes, through which older generations aim to disseminate their culturally established values to the new ones, making use of suggestions mainly implicit in daily experiences and interactions. Despite the strength of these processes (...) of cultural canalization, people find particular ways of positioning and interpreting social suggestions, drawing singular life trajectories and developing themselves as unique beings. This is truthful also in case of highly institutionalized settings like the military, in which people play in many forms an agentic role in their own development, being prepared to perform their professional duties in very complex and challenging activity contexts. This book is an invitation to dive deeper into human experiences lived in the military through qualitative and in-depth approaches, observing their affective qualities, the meanings they acquire and how they shape individuals' identities, fostering the development and try-out of specific ethical and moral values. The present work can contribute to research and professional practice in fields related to human development, social processes, education and people management in the military, as well as in other institutional contexts, especially by highlighting the affective, meaningful and moral-ethical dimensions of cultural experiences. (shrink)

It is often noted that institutional objects and artifacts depend on human beliefs and intentions and so fail to meet the realist paradigm of mind‐independent objects. In this paper I draw out exactly in what ways the thesis of mind‐independence fails, and show that it has some surprising consequences. For the specific forms of mind‐dependence involved entail that we have certain forms of epistemic privilege with regard to our own institutional and artifactual kinds, protecting us from certain (...) possibilities of ignorance and error; they also demonstrate that not all cases of reference to these kinds can proceed along a purely causal model. As a result, realist views in ontology, epistemology, and semantics that were developed with natural scientific kinds in mind cannot fully apply to the kinds of the social and human sciences. In closing I consider some wider consequences of these results for social science and philosophy. (shrink)

In analyzing oppressive systems like racism, social theorists have articulated accounts of the dynamic interaction and mutual dependence between psychological components, such as individuals’ patterns of thought and action, and social components, such as formal institutions and informal interactions. We argue for the further inclusion of physical components, such as material artifacts and spatial environments. Drawing on socially situated and ecologically embedded approaches in the cognitive sciences, we argue that physical components of racism are not only shaped by, but (...) also shape psychological and social components of racism. Indeed, while our initial focus is on racism and racist things, we contend that our framework is also applicable to other oppressive systems, including sexism, classism, and ableism. This is because racist things are part of a broader class of oppressive things, which are material artifacts and spatial environments that are in congruence with an oppressive system. (shrink)

Organizations such as the EU High-Level Expert Group on AI and the IEEE have recently formulated ethical principles and (moral) values that should be adhered to in the design and deployment of artificial intelligence (AI). These include respect for autonomy, non-maleficence, fairness, transparency, explainability, and accountability. But how can we ensure and verify that an AI system actually respects these values? To help answer this question, I propose an account for determining when an AI system can be said to embody (...) certain values. This account understands embodied values as the result of design activities intended to embed those values in such systems. AI systems are here understood as a special kind of sociotechnical system that, like traditional sociotechnical systems, are composed of technical artifacts, human agents, and institutions but—in addition—contain artificial agents and certain technical norms that regulate interactions between artificial agents and other elements of the system. The specific challenges and opportunities of embedding values in AI systems are discussed, and some lessons for better embedding values in AI systems are drawn. (shrink)

It is well-known that racism is encoded into the social practices and institutions of medicine. Less well-known is that racism is encoded into the material artifacts of medicine. We argue that many medical devices are not merely biased, but materialize oppression. An oppressive device exhibits a harmful bias that reflects and perpetuates unjust power relations. Using pulse oximeters and spirometers as case studies, we show how medical devices can materialize oppression along various axes of social difference, including race, gender, (...) class, and ability. Our account uses political philosophy and cognitive science to give a theoretical basis for understanding materialized oppression, explaining how artifacts encode and carry oppressive ideas from the past to the present and future. Oppressive medical devices present a moral aggregation problem. To remedy this problem, we suggest redundantly layered solutions that are coordinated to disrupt reciprocal causal connections between the attitudes, practices, and artifacts of oppressive systems. (shrink)

The recent trend in institutional communication research seems to foster the image of the University as a private organization significantly oriented towards a policy of customer satisfaction. Following the concept of organizational culture, institutional settings too are conceived as organizational contexts, where discourse is a privileged vehicle to convey and spread values, traditions and artifacts, both through internal and external communication practices. Thus, within academic discourse organizational culture is shaped and perpetuated by specific devices of rhetorical argumentation. (...) The corpus of data consists of two different examples of academic discourse: the self promotional endorsement letters of the academic candidates to the chancellor’s position on occasion of the elections and the inaugural speeches proclaimed by the chancellors in charge during the opening celebration of the academic year. The first kind of academic discourse could be meant as an example of political discourse since the candidates use communication strategically and manipulate their academic membership as a rhetorical device to support their aims. On the other hand, the second example is a mere celebration of academic culture which through linguistic rituals recalls and perpetuates the basic values of this microcosm. The data have been analysed with the critical discourse analysis and diatextual analysis which pay particular attention to the context of speech. Moreover, attention has been focused on the metaphors and on the meta-discursive cues. The results show that although with different purposes academic discourse use similar discursive and rhetorical strategies as both belong to the same organization. (shrink)

Museums are home to millions of artworks and cultural artifacts, some of which have made their way to these institutions through unjust means. Some argue that these objects should be repatriated (i.e. returned to their country or culture of origin). However, these arguments face a series of philosophical challenges. In particular, repatriation, even if justified, is often portrayed as contrary to the aims and values of museums. However, in this paper, I argue that some of the very considerations museums (...) appeal to in order to oppose repatriation claims can be turned on their heads and marshaled in favor of the practice. In addition to defending against objections to repatriation, this argument yields the surprising conclusion that the redistribution of cultural goods should be much more radical than is typically supposed. (shrink)

"Social ontology, conventionally defined, is not primarily about us. Rather, it is about the social world (or worlds), about social reality (or realities), or about the domain(s) of social facts. Social ontology aims at providing an inventory of the basic kinds of entities that make up the social world(s) - items such as norms, institutions, social practices, status positions, power structures, and artifacts. It is the study of the basic kinds of properties of these entities, and of how the (...) social world exists, how it is constituted, or constructed"--. (shrink)

It is often noted that institutional objects and artifacts depend on human beliefs and intentions and so fail to meet the realist paradigm of mind-independent objects. In this paper I draw out exactly in what ways the thesis of mind-independence fails, and show that it has some surprising consequences. For the specific forms of mind-dependence involved entail that we have certain forms of epistemic privilege with regard to our own institutional and artifactual kinds, protecting us from certain (...) possibilities of ignorance and error; they also demonstrate that not all cases of reference to these kinds can proceed along a causal model. As a result, realist views in ontology, epistemology, and semantics that were developed with natural scientific kinds in mind cannot fully apply to the everyday world. In closing I consider some wider consequences of these results for social science and philosophy. (shrink)

Embodied human minds operate in and spread across a vast and uneven world of things—artifacts, technologies, and institutions which they have collectively constructed and maintained through cultural and individual history. This chapter seeks to add a historical dimension to the enthusiastically future-oriented study of “natural-born cyborgs” in the philosophy of cognitive science,3 and a cognitive dimension to recent work on material memories and symbol systems in early modern England, bringing humoral psychophysiology together with material culture studies. The aim is (...) to sketch an integrative framework which spans early modern ideas and practices relating to brains, bodies, memory, and objects. Embodiment and environment, I’ll argue, were not (always) merely external influences on feeling, thinking, and remembering, but (in certain circumstances) partly constitutive of these activities. (shrink)

Knowing that technologies are inherently value-laden and systemically interwoven with society, the question is how individual engineers can take up the challenge of accepting the responsibility for their work? This paper will argue that engineers have no institutional structure at the level of society that allows them to recognize, reflect upon, and actively integrate the value-laden character of their designs. Instead, engineers have to tap on the different institutional realms of market, science, and state, making their work a (...) ‘hybrid’ activity combining elements from the different institutional realms. To deal with this institutional hybridity, engineers develop routines and heuristics in their professional network, which do not allow societal values to be expressed in a satisfactory manner. To allow forms of ‘active’ responsibility, there have to be so-called ‘accountability forums’ that guide moral reflections of individual actors. The paper will subsequently look at the methodologies of value-sensitive design and constructive technology assessment and explore whether and how these methodologies allow engineers to integrate societal values into the design technological artifacts and systems. As VSD and CTA are methodologies that look at the process of technological design, whereas the focus of this paper is on the designer, they can only be used indirectly, namely as frameworks which help to identify the contours of a framework for active responsibility of engineers. (shrink)

When communal sharing relationships suddenly intensify, people experience an emotion that English speakers may label, depending on context, “moved,” “touched,” “heart-warming,” “nostalgia,” “patriotism,” or “rapture”. We call the emotion kama muta. Kama muta evokes adaptive motives to devote and commit to the CSRs that are fundamental to social life. It occurs in diverse contexts and appears to be pervasive across cultures and throughout history, while people experience it with reference to its cultural and contextual meanings. Cultures have evolved diverse practices, (...) institutions, roles, narratives, arts, and artifacts whose core function is to evoke kama muta. Kama muta mediates much of human sociality. (shrink)

This article isolates ten prepositions, which constitute the undercurrent paradigm of contemporary discourse of health disease and medicine. Discussion of the interrelationship between those prepositions leads to a systematic refutation of this paradigm. An alternative set is being forwarded. The key notions of the existing paradigm are that health is the natural condition of humankind and that disease is a deviance from that nature. Natural things are harmonious and healthy while human made artifacts are coercive interference with natural balance. (...) It is suggested that the current paradigm is influenced by the world of finances and by instrumental reason. The alternative model suggests that human nature cannot be delineated. Humans fashion their own selves and nature by artificial means, medicine among them. The article discusses the implications of the paradigm adapted in various scholarly and popular debates such as the use of sex hormones for contraception, the care of the elderly, holistic medicine and distributive justice in health care. Medicine is not an isolated or a privileged realm. There is no unique entitlement to health care. It is always part of a broader agenda of social values and institutions. A open view of human societies, values and practices as they are situated within concrete material conditions is the platform required for an integrative and creative discourse of health care. (shrink)

Ongoing advances in paleoclimatology and paleoecology are producing an ever more detailed picture of the environments in which our species evolved. This picture is important to understanding the processes by which our large brain evolved. Our large brain and its productions—toolmaking, complex social institutions, language, art, religion—are our most striking differences from our closest living relatives. Indeed, humans are unique in the animal world for our brain size relative to body mass and in the elaboration of our cultures. We are (...) also the world’s dominant organism (Vitousek et al. 1997). We achieved our present anatomy and behavioral repertoire very recently. Fossil material attributable to our species goes back perhaps 200,000 years and artifacts that strike us as representing fully modern behavioral capacities are only about 50,000 years old (Klein 1999; McBrearty and Brooks 2000), about which time anatomically modern humans spread from Africa to Eurasia (Lahr and Foley 1994). Our ecological dominance began with the evolution of agriculture starting about 10,000 years ago. Explaining the late coming of human brains is a major evolutionary puzzle. Most important animal adaptations are old. Eyes, internal skeletons, adaptations for terrestrial life and for flight all date back hundreds of millions of years. Given that big brains and culture were such an overwhelming success for us why didn’t they evolve long ago? (shrink)

Over the last thirty years, once staunchly film history scholars such as Thomas Elsaesser, Jane Gaines, Siegfried Zielinski, André Gaudreault and Benoît Turquety (to name just a few) have abandoned history for historiography and film studies for media archaeology. Considering the heightened attention given to kulturtechnik (Siegert), the database as a dominant symbolic metaphor,1 and the decentered networked tenants of the postmodern global present, cinema is taking on the characteristics of new media, existing in increasingly intertextual space. Thus, the term (...) “post-cinema” has been co-opted as a viable intermediary that accounts for new media conditions, as cinema is no longer emblematic of our cultural climate. It was once presaged in 1992 that “[t]he end of the cinema truly sounds the death knell of the ultimate metaphysical adventure of Dasein. In the twilight of post-cinema, of which we are seeing the beginning, human quasi-existence, now stripped of any metaphysical hypostasis and deprived of any theological model, will have to seek its proper generic consistency elsewhere.” Accordingly, we are no longer “moviegoing animals” who seek images of ourselves among a collective in the dark but, rather, users interfacing within a network of moving images. By locating post-cinema within the semblance of social media, we are allocated a newfound series of theoretical interventions, the most marked of which is that of media archeology vis-à-vis dialectical materialism. This is a lens through which Brian Winston has recently deftly decried Virtual Reality’s “empathy machine” utopic illusionism, bolstered by Chris Milk and a slew of neurohumanities researchers, steadily maintaining that the fundamental myth of “technologies of seeing” is in disguising “their artifice, their cultural formation and their ideological import.” However, this approach, which illuminates the bifurcation between Max Horkheimer/Theodor Adorno and Walter Benjamin, neglects what Benjamin identified as occurring to the work of art in the age of its technological reproducibility—a shift from a technology’s “cult value,” associated with the unique work, to its “exhibition value,” associated with the social act of viewing as part of a mass. Speaking to this divarication, Benjamin Barber, in Strong Democracy, foresaw new media’s two-fold potential—as they are organized and networked, new media and communications technologies possess the possibility to both energize citizen information and political participation but, simultaneously, to supplement the deterioration of public debate. As evinced by Mark Adrejevic’s concept of Infoglut, this two-pronged possibility has only been exacerbated by the interlocking relationship between the advent of a “glut” of information, post-truth politics, the demise of symbolic efficiency, and a renewed focus on the role of affect and emotion as “alternative modalities for thinking about the role of communication in a post-referential era.” Manuel Castells qualifies Barber’s pessimism, noting that the Internet can “be an appropriate platform for informed, interactive politics, stimulating political participation.. […] beyond the closed doors of political institutions,” but that the Internet, like any technology, “is shaped by its uses and users.” Thus, if there exists a positive correlation between exposure to post-cinema media artifacts and political participation, then I seek to explore the revelatory political possibilities of “exhibition value” by way of a particular “post-cinema” case study: the Marxist-Leninist Turkish hacktivist group Redhack’s YouTube-circulated documentary RED! (2013), a project that demanded—by way of the moving-image—to galvanize cyberprotest and democratize a “hacktivist commons. (shrink)