In his interesting article 'Constitution is not Identity' (1992), Mark Johnston argues that (in a sense soon to be explained) constitution is distinct from identity. In what follows, I dispute Johnston's contention.

This paper examines two popular arguments for the nonidentity of the statue and its constituent material. An essentialist response is provided to one of the arguments; that response is then shown to undermine the other argument as well. It is also shown that even if we accept these arguments and concede nonidentity, we can still avoid the further conclusion that constitution is not identity. These ideas are then extended to other applications of the arguments for nonidentity (specifically, their (...) application to a person and the constituent body, and to a mental event and its constituent neural event). (shrink)

A widely held view has it that sometimes there is more than one thing in exactly the same place, as is the case, allegedly, with a clay statue. There is the statue, but there also is a piece of clay—both obviously in the same place yet distinct in virtue of their differing properties, if only modal ones. Those holding this view—pluralists—often describe the relation between such objects as one of constitution, with the piece of clay being said to constitute (...) the statue. In the first part of this paper I consider ways in which the supposed relation of constitution may be understood. I conclude that the only coherent interpretation of ‘x constitutes y’ is one on which it is presupposed that x and y are identical. While this does not, by itself, show that pluralism is false, it is something that should make us suspicious of it. In the second part of the paper I propose a simple way with the temporal and modal facts the pluralist appeals to, showing that they do not force us into accepting his puzzling doctrine. (shrink)

I present a novel argument against the non-contingency of identity. I first argue that the necessity of distinctness is intimately connected with numerous paradoxes of recombination. In particular, I argue that those who reject the necessity of distinctness have natural solutions to various paradoxes of recombination which have plagued the metaphysics of modality. Moreover, I argue that adding the necessity of distinctness to modest, paradox-free assumptions is sufficient to reinstate the paradoxes. Given that identity is non-contingent only if (...) distinctness is necessary, I suggest this constitutes new evidence against the non-contingency of identity. (shrink)

The idea that two objects can coincide—by sharing all their proper parts, or matter—yet be non-identical, results in the “Problem of Coincident Objects”: in what relation do objects stand if they are not identical but share all their proper parts? One solution is to introduce material constitution. In this paper, I argue that this is ad hoc since, first, this solution cannot be generalized to solve similar problems, and, second, there are pseudo cases of coincidence that should not trigger (...) the introduction of material constitution and these cannot be distinguished in any principled way from the allegedly real cases of coincidence. (shrink)

Awareness of, and respect for differences of gender, race, religion, language, and culture have liberated many oppressed groups from the hegemony of white, Western males. However, respect for previously denigrated collective identities should not be allowed to confine individuals to identities constructed around one main component used for political mobilisation, or to identities that depend on a priority of properties that are not optional, like race, gender, and language. In this article I want to sketch an approach for accommodating different (...) kinds of identity within a multicultural constitutional democracy. From a vantage point provided by a definition and explanation of personal identity, I want to show how people define, construct and change their personal identities to make themselves into unique individuals. Next I show how democratic political institutions and the personal identities of individuals reciprocally influence one another. In the final section I sketch ways in which diverse personal identities ought to be accommodated in multicultural constitutional democracies. The conclusion is that a society which gives its members the liberty, space, and opportunity to freely construct their own identities might avoid the formation of closed groups committed exclusively to their own sectional interests. (shrink)

This paper aims to clarify the role the double plays in the constitution of identity, focusing on the movement between the individual and the collective level. Notably, the latter today is often considered through the lens of identity politics. The double, I argue, poses an alternative to this type of politics, by showing the interdependence of groups. As a case study, this paper focuses on the complex relationship between the anti-Semite and the Jew as depicted by Sartre. (...) I begin with a psychoanalytical examination of the figure of the double,follow on with an analysis of Sartre's work in the light of the double, and conclude with Girard's theory of mimetic desire. (shrink)

It is tempting to think that in the case of complete spatio-temporal coincidence, the statue is identical with the constituent lump of clay. However, some philosophers have thought that accepting constitution as identity in this type of case forces one to reject the necessity of identity. I show that there is no conflict here. By distinguishing between an object's being necessarily an F and an object's being necessity identical with an F, we can see that accepting the (...) necessity of identity does not, and should not, compel one to reject constitution as identity. (shrink)

What am I? And what is my relationship to the thing I call ‘my body’? Thus each of us can pose for himself the philosophical problems of the nature of the self and the relationship between a person and his body. One answer to the question about the relationship between a person and the thing he calls ‘his body’ is that they are two things composed of the same matter at the same time (like a clay statue and the piece (...) of clay which presently constitutes it). This is the ‘constitution view’. In this paper we give a novel overview of the literature on personal identity, the constitution view, and surrounding topics. (shrink)

The problem of identity is one of the milestones of philosophical thinking. It is a complex question, a prism with multiple vertices. In this paper I will focus on two key-concepts related to identity, namely, death and community. Death stands as end of life, but as a possibility of it. The ghost "appears", then, in a privileged position for the dialogue and the understanding of this phenomenon. Moreover, as social beings, neither individuals can be separated from the community (...) in which they are registered; nor it is possible to distance the ghosts and functions historically fulfilled in this respect. Throughout the text I will discuss the functions that have been and those that would be of ghosts; understanding ghosts as a referring dialogic and therapeutic constitution of identity. El problema de la identidad constituye uno de los hitos fundamentales de pensamiento filosófico. Es una cuestión compleja, un prisma con múltiples vértices. El presente artículo se centrará en dos hitos fundamentales relacionados con la identidad, a saber: muerte y comunidad. La muerte se sitúa como fin de la vida, pero como posibilidad de la misma. "Aparece", entonces, el fantasma en una posición privilegiada para el diálogo y la comprensión de este fenómeno. Además, en tanto seres sociales los individuos no pueden ser separados de la comunidad en la que se inscriben. Tampoco es posible distanciar a los fantasmas y las funciones cumplidas históricamente en este aspecto. A lo largo del texto se examinarán cuáles han sido y pueden ser estas funciones a cumplir por los fantasmas entendidos como referente dialógico y terapéutico de la constitución de la identidad. (shrink)

In a modern, plural society, there can be no settled agreement on the concrete legal content of a country's constitution. The idea of the constitution is nonetheless pivotal in contemporary, liberal‐minded theories of political justification, such as the ones advanced by Jürgen Habermas and John Rawls. Justification in these theories depends finally on “constitutional patriotism,” a consciously shared sentiment arising from an ethical assessment of their country by the country's people, according to which the country credibly pursues a (...) certain regulative political ideal for which the constitution stands. (shrink)

The aim of the paper is to discuss some recent variants of familiar puzzles concerning the relations of parts to wholes put forward by Trenton Merricks and Eric Olson. The argument is put forward that so long as the familiar distinction between 'loose and popular' and 'strict and philosophical' senses of identity claims is accepted the paradoxical conclusions at which Merricks and Olson arrive can be resisted. It is not denied that accepting the distinction between 'loose and popular' and (...) 'strict and philosophical' senses of identity claims is itself a departure from common-sense, but it is argued that it is the smallest such departure available to us. (shrink)

One of the central problems of personal identity is to determine what we are essentially . In response to this problem, Lynne Rudder Baker espouses a psychological criterion, that is, she claims that persons are essentially psychological. Baker’s theory purports to bypass the problems of other psychological theories such as Dissociative Identity Disorder and the problem of individuating persons synchronically. I argue that the theory’s treatment of Dissociative Identity Disorder leads to untenable results, is invalid, and consequently (...) fails to individuate persons. (shrink)

Contemporary biological research has suggested that some host–microbiome multispecies systems (referred to as “holobionts”) can in certain circumstances evolve as unique biological individual, thus being a unit of selection in evolution. If this is so, then it is arguably the case that some biological adaptations have evolved at the level of the multispecies system, what we call hologenomic adaptations. However, no research has yet been devoted to investigating their nature, or how these adaptations can be distinguished from adaptations at the (...) species-level (genomic adaptations). In this paper, we cover this gap by investigating the nature of hologenomic adaptations. By drawing on the case of the evolution of sanguivory diet in vampire bats, we argue that a trait constitutes a hologenomic adaptation when its evolution can only be explained if the holobiont is considered the biological individual that manifests this adaptation, while the bacterial taxa that bear the trait are only opportunistic beneficiaries of it. We then use the philosophical notions of emergence and inter-identity to explain the nature of this form of individuality and argue why it is special of holobionts. Overall, our paper illustrates how the use of philosophical concepts can illuminate scientific discussions, in the trend of what has recently been called metaphysics of biology. (shrink)

_ Source: _Volume 46, Issue 2, pp 205 - 220 I investigate the phenomenological significance of Husserl’s appeal to the “numerical identity” of _irreality_ as it appears in recollected manifolds of lived-experience in his mature account of the transcendental constitution of transcendence and find it wanting. I show that what is at stake for Husserl in this appeal is the descriptive mark that exhibits the distinction between a unit of meaning as it is constituted in psychologically determined lived-experience (...) and as it is constituted in lived-experience that is determined transcendentally. In other words, I show that numerical identity functions for Husserl as the criterion that signals transcendental psychologism has been overcome. I then present the argument that it has not been overcome in Husserl’s investigations, because the collective unity characteristic of numerical unity is presupposed by those investigations rather than made evidentially manifest and articulated. (shrink)

relation between, say, a lump of clay and a statue that it makes up, or between a red and white piece of metal and a stop sign, or between a person and her body? Assuming that there is a single relation between members of each of these pairs, is the relation “strict” identity, “contingent” identity or something else?1 Although this question has generated substantial controversy recently,2 I believe that there is philo- sophical gain to be had from thinking (...) through the issues from scratch. Many of the charges and countercharges are based on the following dichotomy: For any x and y that are related as the lump of clay is to the statue that it makes up, either x is identical to y, or x and y are separate entities, independent of each other. By giving up this dichotomy, we will be able to begin to make sense, I hope, of an intermediate unity relation that holds promise for solving a raft of philosophical problems, including the problem of how persons are related to their bodies.3 And if I am correct, then this relation—constitution without identity—is ubiquitous and interesting in its own right, apart from the light that it sheds on human persons. (shrink)

In this paper I discuss the kinds of dependence relation that philosophers have argued may obtain between neural events and conscious events; between Ns and Cs. Three major candidate relations are constitution, realization, and identity. There are other candidates for the mind/body relation, but these will serve as the major options. Indeed, these are already more than three options, because philosophers do not agree on the best way to understand constitution; still less to understand realization. I argue (...) that dispute is not merely "metaphysical": each candidate has distinct empirical consequences. (shrink)

In this paper I argue that Christine Korsgaard’s account of the normativity of practical reasons cannot meet her own justificatory criteria, specifically the demand that an answer to the normative question be successfully addressed in the first person. On this point her position is crucially ambiguous. I argue that Korsgaard’s demand that the authority of norms be justified by appeal to an agent’s practical identity leads her to conflate psychological facts about agents with the norms that establish the authority (...) of those psychological dispositions. Her ambition to make reasons genuinely public is undermined by the psychologism of her account. (shrink)

One of the most prominent ethical concerns regarding emerging neurotechnologies is mental privacy. This is the idea that we should have control over access to our neural data and to the information about our mental processes and states that can be obtained by analyzing it. A key issue is whether this information needs more stringent protection than other kinds of personal information. I will articulate and support the view, underlying recent regulatory frameworks, that mental privacy requires a special treatment because (...) of its relation to relevant aspects of personal identity. It has been suggested that this approach could be supported by the idea that mental privacy constitutes a fundamental psychological dimension of privacy. The connection between this psychological view of privacy and identity can be traced back to Irwin Altman’s idea that privacy is an interpersonal boundary regulation process. However, it is not clear whether this notion of privacy can be associated with a conception of identity that is relevant in contemporary neuroethics. I will suggest that the narrative and relational approach to identity, a prominent view in recent ethical discussions of neurotechnology, lines up with key aspects of Altman’s proposal. I suggest that if mental privacy is an essential component of identity, the latter could be affected by technological mind-reading. (shrink)

Environmental ethicists will often say that in dealing with natural entities we need the guidance of an ethic rooted in 'the intrinsic value of nature'. They will add that subjectivist value theories are unable to account for the normativity of intrinsic value discourse. This preoccupation with normativity explains why many environmental ethicists favour value objectivism. As I see it, value theories must address not only the problem of normativity but also the problem of motivation. In fact, my approach to the (...) question as to which type of value theory does most justice to our intuition regarding the value of nature is primarily in terms of the motivational perspective. I argue that neither the usual objectivist theories nor their subjectivist counterparts can accommodate and explain the fact that those who agree that nature has intrinsic value may well differ in motivation to support its preservation. I suggest that such difference in kinds of motivation is related to distinct kinds of value judgement in which belief in the intrinsic value of nature is expressed. To clarify my view I discuss the subjectivist value theory of Gerald Gaus [1]. Gaus regards the distinction between personal and impersonal value judgements to be deeply embedded in his theory. His internalism about the relation between reason and motivation however, leads him to the mistaken conclusion that independent impersonal value judgements do not provide reasons for action. Next, I introduce the distinction between identity-neutral and identity-constitutive reasons. This distinction allows me to formulate more clearly the differences between the kinds of reasons provided by personal and impersonal value judgements. The resulting theory explains how it is that people who do not (personally) value nature may still be motivated to support nature preservation. It also explains why not everyone who endorses natural values will join movements for the preservation of nature. (shrink)

Many philosophers hypothesize that our concept of personal identity is partly constituted by the one-person-one-place rule, which states that a person can only be in one place at a time. This hypothesis has been assumed by the most influential contemporary work on personal identity. In this paper, we report a series of studies testing whether the hypothesis is true. In these studies, people consistently judged that the same person existed in two different places at the same time. This (...) result undermines some widely held philosophical assumptions, supports others, and fits well with recent discoveries on identity judgments about inanimate objects and non-human animals. (shrink)

The paper focuses on the possibilities to constitute meaning in the?borderline- situations? of the social sphere, such as the loss of validity of orientation within and experience of reality in the socially shared structures of the lifeworld. On the one hand, I will refer to A. Schutz? and his constitution-analysis of foreign understanding and of shared meaning; on the other hand, I bear onto I. Kert?sz literary project to narrate the biography of an Auschwitz-survivor as close to his experiential (...) perspective as possible. I will focus both on the concept of constitution and of interpretation with respect to their enabling of the transcending of a typologized everyday?s world which suppresses subjective meaning and its individual articulation. The main guideline is the problem how identity? i.e. a life-story? is configured out of subjective meaning without recourse to everyday reality. A. Schutz?s and Th. Luckmann?s note on a range of social transcendences and on biographical categories referring to the constitution of a socially shared meaning offer a theoretical perspective for dealing with constitutive differences within the reach of understanding social meaning; Kert?sz? narrative mode expandes this theoretical stance as it problematizes exemplary subjective experience. nema. (shrink)

This article presents a normative‐theoretical account of democratic legitimacy that meets the challenge of moral and cultural pluralism in a way that takes the avoidance of oppression and violence to be a fundamental imperative. The discourse‐theoretical perspective of jürgen Habermas reveals that reasoned agreement among citizens is the only alternative to political oppression. Pace Habermas, however, the legitimacy of even basic constitutional principles does not require us to agree with one another for the same reasons. While we can affirm such (...) principles for a wide range of different reasons, the process of achieving reasoned agreements on contentious issues draws us together as citizens in loyalty to a particular, historical set of political institutions. The reasoned commitment to our constitution that we come to share in this ongoing process acts as an identity‐forming bond that allows us to live in peace with deep moral and cultural differences. (shrink)

The claim that selves are narratively constituted has attained considerable currency in both analytic and continental philosophy. However, a set of increasingly standard objections to narrative identity are also emerging. In this paper, I focus on metaphysically realist versions of narrative identity theory, showing how they both build on and differ from their neo-Lockean counterparts. But I also argue that narrative realism is implicitly committed to a four-dimensionalist, temporal-parts ontology of persons. That exposes narrative realism to the charge (...) that the narratively constituted self, on the one hand, and the self that is the object of much of our everyday self-reference and self-experience, on the other, can't be the same thing. This conclusion may well force narrativists to abandon metaphysical realism about narrative selves—which, in turn, may leave the invocation of ‘narrativity’ as identity-constituting somewhat under-motivated. (shrink)

What is a self? What does it mean to have selfhood? What is the relationship between selfhood and identity? These are puzzling questions that philosophers, psychologists, social scientists, and many other researchers often grapple with. -/- Self and Identity is a book that explores and brings together relevant ideas on selfhood and identity, while also helping to clarify some important and long standing scientific and philosophical debates. It will enable readers to understand the difference between selves in (...) humans and other animals, and the different selves that we come to possess from when we are born to when we become old. It also explains how and why the self might break down due to mental illness, thereby providing insight into how we might treat illnesses such as dementia and depression, both of which are conditions that fundamentally affect our selfhood. -/- Taking an important step towards clarifying our understanding of human selfhood and applying it to mental illness, this book will be of great interest to researchers and postgraduate students exploring philosophical questions of selfhood, as well as those examining the connection to clinical disorders. (shrink)

I defend the view that ordinary objects like statues are identical to the pieces of matter from which they are made. I argue that ordinary speakers assert sentences such as ‘this statue is a molded piece of clay’. This suggests that speakers believe propositions which entail that ordinary objects such as statues are the pieces matter from which they are made, and therefore pluralism contradicts ordinary beliefs. The dominant response to this argument purports to find an ambiguity in the word (...) ‘is’, such that ‘is’ in these sentences means the same as ‘constitutes or is constituted by’. I will use standard tests for ambiguity to argue that this strategy fails. I then explore and reject other responses to the argument. (shrink)

The claim that selves are narratively constituted has attained considerable currency in both analytic and continental philosophy. However, a set of increasingly standard objections to narrative identity are also emerging. In this paper, I focus on metaphysically realist versions of narrative identity theory, showing how they both build on and differ from their neo‐Lockean counterparts. But I also argue that narrative realism is implicitly committed to a four‐dimensionalist, temporal‐parts ontology of persons. That exposes narrative realism to the charge (...) that the narratively constituted self, on the one hand, and the self that is the object of much of our everyday self‐reference and self‐experience, on the other, can't be the same thing. This conclusion may well force narrativists to abandon metaphysical realism about narrative selves—which, in turn, may leave the invocation of ‘narrativity’ as identity‐constituting somewhat under‐motivated. (shrink)

The claim that selves are narratively constituted has attained considerable currency in both analytic and continental philosophy. However, a set of increasingly standard objections to narrative identity are also emerging. In this paper, I focus on metaphysically realist versions of narrative identity theory, showing how they both build on and differ from their neo‐Lockean counterparts. But I also argue that narrative realism is implicitly committed to a four‐dimensionalist, temporal‐parts ontology of persons. That exposes narrative realism to the charge (...) that the narratively constituted self, on the one hand, and the self that is the object of much of our everyday self‐reference and self‐experience, on the other, can't be the same thing. This conclusion may well force narrativists to abandon metaphysical realism about narrative selves—which, in turn, may leave the invocation of ‘narrativity’ as identity‐constituting somewhat under‐motivated. (shrink)

ABSTRACT This paper analyzes the use of language in the construction of identity in the constitution of an anti-state group, which is a part of the sovereign citizen movement in Austria. The group, called ‘Staatenbund Österreich’, had been active for several years before the government charged them with high treason. The group believes that the government is illegitimate – an assumption which allows them to legitimize their behavior. The movement, which is spreading across the globe, has started in (...) the US in the 1970s, and yet, it is still impossible to estimate the actual danger they pose, even though they have been reported to become increasingly violent. The present paper investigates the constitution of the ‘Austrian Commonwealth’ in order to find out how they manage to create an identity for their group, how they legitimize themselves and their claims, and how their language use compares to other extremist groups. (shrink)

By attending to how people speak about their gender, we can find diverse answers to the question of what it is like to have a gender identity. To some, it is little more than having a body whereas others may report it as more attitudinal or dispositional—seemingly contradictory views. In this paper, I seek to reconcile these disparate answers by developing a theory of how individual gender identity comes about. In the simplest possible terms, I propose that gender (...) identity is how we make sense of our gender subjectivity, the totality of our gendered experiences of ourselves. Gender identity is constituted by gender subjectivity, but this constitutive relationship is underdetermined. While gender subjectivity may narrow the range of inhabitable gender identities, it is always compatible with more than one. To arrive at a gender identity, we arrange gender subjectivity like building materials. My theory helps us understand how different people offer seemingly incompatible accounts of their gender identity without questioning their authenticity or validity. They simply arrange similar building materials differently. (shrink)

In a recent article, Sabine Müller, Merlin Bittlinger, and Henrik Walter launch a sweeping attack against what they call the "personal identity debate" as it relates to patients treated with deep brain stimulation (DBS). In this critique offered by Müller et al., the so-called personal identity debate is said to: (a) be metaphysical in a problematic way, (b) constitute a threat to patients, and (c) use "vague" and "contradictory" statements from patients and their families as direct evidence for (...) metaphysical theories. In this response, I critically evaluate Müller et al.'s argument, with a special focus on these three just-mentioned aspects of their discussion. My conclusion is that Müller et al.'s overall argument is problematic. It overgeneralizes criticisms that may apply to some, but certainly not to all, contributions to what they call the personal identity-debate. Moreover, it rests on a problematic conception of what much of this debate is about. Nor is Müller et al.'s overall argument fair in its assessment of the methodology used by most participants in the debate. For these reasons, we should be skeptical of Müller et al.'s claim that the "personal identity debate" is a "threat to neurosurgical patients". (shrink)

In this article I explore some ancient issues of political theory in the light of some contemporary social and cultural issues. After developing a check list of the virtues and vulnerabilities of constitutional democracy (Section I), I go on to discuss some types and symptoms of difference, conflict, fragmentation and heterogeneity (Section II). I then proceed to a critical review of a particular set of strategies and institutional solutions—political group rights—that are often thought promising devices for strengthening the virtues and (...) overcoming the vulnerabilities of the constitutional democratic form of regime (Section III). Much of the contemporary philosophical and political discussion of these issues is enchanted by the post‐modern spirit of “multiculturalism,”“diversity” and “identity.” It tends to neglect issues of citizenship and social justice. It also tends to fixate on North American examples, neglecting some of the less benign West European and, in particular, Central East European varieties of identity politics. The discussion here, while mostly raising questions rather than claiming to provide definitive answers, nevertheless tries to overcome some of these biases. (shrink)

A subject who has a self-transformation behind herself—say, a conversion to Catholicism—may say of herself "before transforming myself, I was a different person�. How are we to understand such a claim? Obviously, there is a sense in which the subject takes herself to be the same as before and another sense in which she considers herself to be somebody else now. One possible way of understanding it would be the following: Despite the change involved in the selftransformation, there is enough (...) similiarity between the preconversion subject—S1—and the converted subject— S2—to say that they are numerically identical. And there is enough difference for the subject to speak of herself before the self-transformation as another person. (shrink)

ABSTRACTI consider objections to the use of living wills based upon the discontinuity of personal identity between the time of the execution of the directive anbd the time the person becomes incompetent. Recent authors, following Derek Parfit's “Complex View” of personal identity, have argued that there is often not sufficient identity interests between the competent person who executes the living will and the incompetent patient to warrant the use of the advance directive. I argue that such critics (...) err by seeking personal identity in a purely descriptive manner. By exploring Buchanan and Brock's concept of “surviving interests”, an argument is developed that certain future‐oriented acts have a normative force that contributes to the narrative unity which is constitutive of personal ideality. This narrative concept of the self is entailed by many of the our ordinary practices and challenges the philosophical consensus to view the self in a more dynamic and communitarian manner. (shrink)

Our best philosophical and scientific pictures of the world organize material objects into a hierarchy or levels or layers- microparticles at the bottom, molecules, cells, and persons at higher layers. Are objects at higher layers identical to the sums of objects at lower layers that constitute them? (Note that this question is different from the question of whether composition- as opposed to constitution- is identity.).

In the renewed Russian Fundamental Law, in addition to a number of provisions introducing changes to the political system, there are also statements of programmatic importance, as well as several provisions with symbolic and identity function. In this article these provisions are subject to functional and semiotic-cultural analysis. Particular emphasis has been placed on legally irrelevant content transmitted by the new regulations, on their semantic connections with the content of the preamble and on their cultural context. The research procedure (...) carried out allows us to state that, compared with the 1993 text, the Russian Constitution in its current version participates to a much greater extent in the complex system of transmission of symbolic content, as well as the narratives that contribute to social memory, cultural and historical identity. In doing so, it goes beyond its genre limitations, opening the basic text to the functions assigned to the preamble. In the fragments I have analysed in the paper there are undoubtedly functional and genre disturbances, and with them changes the mode of semiosis of the legal text, both in its normative and programmatic form. Renewed Constitution is the case in which a legal text, by its very nature designing the possible future world, does so through ideas about the past. (shrink)

Shifts in the national cultural identity of the US have been reflected in shifts in the US’ dominant constitutional narratives. For the United States, “inter-legality” has been less a matter of dealing with alternative non-state legal narratives than of contending with constantly arising and competing narratives about the “correct” nature of the “official” legal order of the state. The US Supreme Court has claimed to have the “last word” in resolving these arguments but because that Court is so often (...) sharply divided and because the Court membership and the nature of its “last words” changes so often, where a significant element of the society seeks to advance its ideas and interests, it will often do so in legal and constitutional terms. As the national culture undergoes changes, a competing constitutional narrative may gain ground and even ultimately prevail, at least for a time, and achieve Supreme Court “endorsement” for its claims. (shrink)

Critical Security Studies proceeds from the premise that words are world-making, that is that the ways we think about security are constitutive of the worlds of security we analyse. Turned to conventional security studies and the practices of global politics, this critical insight has revealed the ways in which the exclusions that are the focus of this conference have been produced. Perhaps most notable in this regard has been David Campbell's work, showing how the theory and practice of security are (...) an identity discourse producing both insides and outsides, but the production of excluded others is a theme that runs through the critical scholarship on security in the past decade or more. This article turns the critical security studies gaze on itself, to explore the field's own complicity in the production of exclusions. The article reads three important instances of critical security studies for the inclusions and exclusions they produce: Ken Booth's Theory of World Securitv , the epilogue to David Campbell's Writing Security , and the CASE Collective Manifesto. The article concludes by asking about the nature of the inclusions and exclusions these divisions produce and the politics which those exclusions, in turn, (re)produce. (shrink)

According to constitution views of persons, we are constituted by spatially coinciding human animals. Constitution views face an ‘overpopulation’ puzzle: if the animal has my brain, there is another thinker where I am. An influential solution to this problem distinguishes between derivative and non‐derivative property possession: persons non‐derivatively have their personal properties, while inheriting others from their constituters. I will show that this solution raises a new problem, by constructing a puzzle with the absurd result that we instantiate (...) certain properties incompatibly. In setting up the puzzle, I demonstrate the relevance of the bodily awareness and self‐awareness literatures to overpopulation puzzles. (shrink)

Some claim that Composition as Identity (CI) entails Mereological Essentialism (ME). If this is right, then we have an effective modus tollens against CI: ME is clearly false, so CI is, too. Rather than deny the conditional, I will argue that a CI theorist should embrace ME. I endorse a theory of modal parts such that ordinary objects are spatially, temporally, and modally extended. Accepting modal parts is certainly beneficial to CI theorists, but it also provides elegant solutions to (...) the traditional puzzles of constitution, making it a competitive move in its own right. (shrink)

Canada is caught between two empires and between two constitutional systems. However, neither the British model of a "single sovereign" nor the American people's "sacred fire of liberty" matched the pluralistic identity of Canada, so Canadians engaged in constitutional experimentation. In Canada and the Ethics of Constitutionalism Samuel LaSelva argues that, in order to understand the old Canada of Confederation and the new one that followed the Charter of Rights and Freedoms, it is necessary to see how distinctive Canadian (...) constitutionalism is and how that distinctiveness does not depend on borrowings from the British or American constitutional models. LaSelva supports his argument by exploring different aspects of Canada's contribution to the ethics of constitutionalism including the limits of free expression, the Charter's notwithstanding clause, the origins and functions of judicial review, the Quebec secession debate, Aboriginal self-government, and the conception of Canada as a multicultural and multinational mosaic. Through a careful consideration of how Canadian constitutional pluralism with its focus on the rights of others differs from American and British ideas, Canada and the Ethics of Constitutionalism provides engaging answers to contested questions about how Canada was founded and what it has become. (shrink)

According to Locke’s Principle, material objects are identical if and only if they are of the same kind and once occupy the same place at the same time. There is disagreement about whether this principle is true, but what is seldom disputed is that, even if true, the principle fails to constitute an applicable criterion of identity. In this paper, I take issue with two arguments that have been offered in support of this claim by arguing (i) that we (...) can have knowledge of past whereabouts, and so verify the right hand side of Locke’s Principle, without having to assess concrete identity claims first; (ii) that even under conditions of incomplete knowledge of past whereabouts we can use Locke’s Principle to decide concrete identity problems. (shrink)