This chapter is an essay in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's "rule of recognition" model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars argue about interpretive methods. Although a vast body of scholarship provides arguments for or against various interpretive methods -- such as textualism, originalism, "living constitutionalism," structure-and-relationship reasoning, representation reinforcement, minimalism, and so forth (...) -- very little scholarship shifts to the meta-level and asks: What are the considerations that jurists and scholars bring to bear in arguing that one or another interpretive method is legally favored? And can we "make sense" of this body of argument? Is there a model of legal discourse that both accurately describes how U.S. jurists and scholars actually argue about interpretive methods, and that vindicates this discourse (in the sense of seeing these actors as making valid arguments)? I find that Hart's rule-of-recognition model fails to describe or vindicate how U.S. jurists and scholars argue about interpretive methods. The problem, in a nutshell, is that Hart sees legal argument as asserting or presupposing the social fact of contemporary official acceptance of a rule of recognition. By contrast, jurists and scholars typically point to social facts other than contemporary official acceptance in arguing for the legal status of an interpretive method -- for example, the fact that the method is supported by Framers' intent, or by U.S. culture and tradition, or by precedent. Further, jurists and scholars very often argue that some interpretive method is legally favored even though the method is controversial. On Hart's model, such a claim is problematic -- because, on his model, the content of the rule of recognition is not controversial, but rather a matter of consensus among officials. The upshot may just be that Hart's model is a failure. However, another possibility is to adopt an "error theory" of U.S. constitutional discourse. It may perhaps be the case that U.S. jurists and scholars often make claims for the favorable legal status of some interpretive method that are inconsistent with the best understanding of the nature of law. (shrink)

This chapter centers around law's capacity to constitute practical reasons. In discussing this theme, consideration is given to law's artifactual character. The discussion falls into two main parts. In Section 1, I critically examine a skeptical line of thought about law's capacity to constitute reasons for action, which draws, in part, on law's artifactuality. I argue for a somewhat less skeptical (but still qualified) stance, according to which the fact that a legal directive has been issued can (notwithstanding the artifactuality (...) involved) be a reason for action, yet one that is underpinned by bedrock values which (under certain conditions and constraints) law is apt to serve. In Section 2, I consider whether, and in what sense, law can acquire an even more 'robust' status as a source of practical reasons. I focus particularly on Joseph Raz's position about the normative force of (legitimate) legal authority and on an alternative position I have proposed and advocated elsewhere. (shrink)

In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the (...) work, noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 36.2 (2003) 119-134 [Access article in PDF] The Constitution of Rhetoric's Tradition Maurice Charland Rhetoric is not a discipline. That is to say, as a domain of theoretical and practical knowledge, rhetoric is weakly institutionalized, lacking a centralized arbiter and standardized set of procedures for establishing truth claims. It also lacks the basic characteristics that Michel Foucault defines as disciplinary, for while we can identify "groups (...) of objects, methods, their corpus of properties considered to be true, the interplay of rules and definitions, of techniques and tools," these are neither universally admitted, nor do they "constitute a sort of anonymous system, freely available to whoever wishes, or whoever is able to make use of them, without their being any question of their meaning" (1972, 222). On the contrary, despite the fact that rhetoric is usually figured as offering practical and, indeed, positive knowledge, the meaning of its terms is always being questioned and at stake. While we might, by considering terms loosely, seek to identify rhetoric in terms of objects such as "persuasion," or "discourse," these are not exclusively its province. Furthermore, the ends of rhetoric are themselves unclear. Is rhetoric really the art of discovering the available means of persuasion? Or is it an art of citizenship? Or a method of enquiry? It has at times been defined as each. Consequently, none of these methods can fix its identity. At most, we can say that "rhetoric," as a domain of knowledge, signals a commitment to the idea of agency in discourse.Rhetoric, while not disciplinary, nevertheless "hangs together" as a domain of knowledge even though it does not cohere conceptually. It is, or comes close to being, a "discursive formation." That is to say, we can identify a field that produces statements concerning discourse and its operations, which is characterized by certain regularities that articulate with the term rhetoric itself. The first such regularity is the gesture of negation. Rhetoric refuses philosophy (or acts out having been refused by philosophy). [End Page 119] Rhetoric further is defined against other intellectual genres: rhetoric is not poetics, is not political science, is not ethics, though it may "speak" to them. Ultimately, though, this tells us very little about the nature of rhetoric's difference, for while refusal is effective in positing the existence of a boundary between rhetoric and other domains, the location of that boundary and what it contains remains unspecified. Rhetoric must also be attributed an at least provisional sense. This is accomplished by rhetoric's second gesture, which initially appears more substantial. Rhetoric is framed in terms of the positivity of a foundational "tradition." Indeed, the gesture toward tradition is ubiquitous. Consider, for example, both the title and principles of organization of Patricia Bizzell and Bruce Herzberg's (1990) anthology, George Kennedy's (1998) recursion to the idea of "tradition" even as he attempts to present rhetoric as a natural and cross-cultural phenomenon, recent feminist works that explicitly address "the tradition," 1 the routine citation of Classical authorities and examples, the recurrence of "new" rhetorics, including Burke's dramatism, Perelman's theory of argumentation, as well as Barthes' semiotics, which are offered as supplements to tradition's lacks, and, finally, the energy devoted to the study of the history of rhetoric. The rhetorical tradition, as something bequeathed or put in play by ancient teachers, appears to offer rhetoric a substance, a literature, and a set of problems, particularly through variants of two other principles of discursive formation identified by Foucault, commentary and the author-function. Even so, the gesture toward tradition does not imply the existence of a historically rooted and fixed corpus or model: "Tradition" is a vague term, there is no unproblematic canon of texts to be commented upon, and tradition itself, rather than Aristotle, Plato, or Cicero, stands as "author." What we debate is the meaning of the "tradition," the uneasy relationship between Socrates and Sophists, Plato and Aristotle, but as positions rather than personae. Furthermore, in the name of rhetoric, ancient and modern texts are often read against the grain, and what is... (shrink)

Lange argues that some natural phenomena can be explained by appeal to mathematical, rather than natural, facts. In these “distinctively mathematical” explanations, the core explanatory facts are either modally stronger than facts about ordinary causal law or understood to be constitutive of the physical task or arrangement at issue. Craver and Povich argue that Lange’s account of DME fails to exclude certain “reversals”. Lange has replied that his account can avoid these directionality charges. Specifically, Lange argues (...) that in legitimate DMEs, but not in their “reversals,” the empirical fact appealed to in the explanation is “understood to be constitutive of the physical task or arrangement at issue” in the explanandum. I argue that Lange’s reply is unsatisfactory because it leaves the crucial notion of being “understood to be constitutive of the physical task or arrangement” obscure in ways that fail to block “reversals” except by an apparent ad hoc stipulation or by abandoning the reliance on understanding and instead accepting a strong realism about essence. (shrink)

Adams and Aizawa, in a series of recent and forthcoming papers ((2001), (In Press), (This Volume)) seek to refute, or perhaps merely to terminally embarrass, the friends of the extended mind. One such paper begins with the following illustration: "Question: Why did the pencil think that 2+2=4? Clark's Answer: Because it was coupled to the mathematician" Adams and Aizawa (this volume) ms p.1 "That" the authors continue "about sums up what is wrong with Clark's extended mind hypothesis". The example of (...) the pencil, they suggest, is just an especially egregious version of a fallacy said to pervade the literature on the extended mind. This fallacy, which they usefully dub the "coupling-constitution fallacy", is attributed , in varying degrees and manners, to Van Gelder and Port (1995), Clark and Chalmers (1998), Haugeland (1998), Dennett (2000), Clark (2001), Gibbs (2001), and Wilson (2004). The fallacy, of course, is to move from the causal coupling of some object or process to some cognitive agent, to the conclusion that the object or process is part of the cognitive agent , or part of the agent's cognitive processing (see e.g. Adams and Aizawa (This volume) ms p.2). Proponents of the extended mind and related theses, Adams and Aizawa repeatedly assert, are prone to this fallacy in part because they either ignore or fail to properly appreciate the importance of " the mark of the cognitive" viz the importance of an account of "what makes something a cognitive agent" (op cit ms p.3). The positive part of Adams and Aizawa's critique then emerges as a combination of the assertion that this "mark of the cognitive" involves the idea that "cognition is constituted by certain sorts of causal process that involve non-derived contents" (e.g. op cit ms p.3) and that these processes look to be characterized by psychological laws that turn out to apply to many internal goings-on but not currently (as a matter of contingent empirical fact) to any processes that take place in non-biological tools and artifacts. In what follows, I shall try to show why these arguments display nothing so much as mutual failures of communication: crossed wires concealing a couple of real, important, but much more subterranean, disagreements. In particular, I try to show why the negative considerations advanced by Adams and Aizawa fail to successfully undermine the argument for the extended mind, and why their more radical positive story, unless supplemented by implausible additional claims, fails to cast doubt on the claim that minds like ours can (without the need for any radically new techniques, technologies or interventions) extend into the world. (shrink)

In Between Facts and Norms Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action, bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more.The introduction by William Rehg succinctly captures the special nature of the work, noting (...) that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so- called liberals and civic republicans.The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book.Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

Can facts about subpersonal states and events be constitutively relevant to personal-level phenomena? And can knowledge of these facts inform explanations of personal-level phenomena? Some philosophers, like Jennifer Hornsby and John McDowell, argue for two negative answers whereby questions about persons and their behavior cannot be answered by using information from subpersonal psychology. Knowledge of subpersonal states and events cannot inform personal-level explanation such that they cast light on what constitutes persons’ behaviors. In this paper I argue against (...) this position. After having distinguished between enabling and constitutive relevance, I defend the claim that at least some facts about subpersonal states and events are constitutively relevant to some personal-level phenomenon, and therefore can, and sometimes should, inform personal-level explanations. I draw some of the possible consequences of my claim for our understanding of personal-level behavior by focusing on the phenomenon of addiction. (shrink)

One conception of the Principle of Sufficient Reason maintains that every fact is metaphysically explained. There are different ways to challenge this version of the PSR; one type of challenge involves pinpointing a specific set of facts that resist metaphysical explanation. Certain identity and distinctness facts seem to constitute such a set. For example, we can imagine a scenario in which we have two qualitatively identical spheres, Castor and Pollux. Castor is distinct from Pollux but it is unclear (...) what could metaphysically explain this distinctness fact. In this paper, I argue that we should not treat identity and distinctness facts as metaphysically fundamental. As such, identity and distinctness facts do not challenge the PSR. We can metaphysically explain them. (shrink)

It is common to criticize the idea of objectivity by claiming that we cannot make sense of any cognitive contact with the world that is not constituted by the very materials of our thinking, and to conclude that the idea must be abandoned and that the world is ‘well lost’. We resist this conclusion and argue for a notion of objectivity that places its source within the domain of thoughts by proposing a conception of facts, akin to McDowell’s, as (...) thinkable while independent of any act of thinking. However, we do so without any empiricist commitment. (shrink)

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

A bronze statue is a lump of bronze – or so it might appear. But appearances are not always to be trusted, and this one is notoriously problematic. To see why, imagine a bronze statue (perhaps a statue of David) and ask yourself: Which lump of bronze is the statue? Presumably, it is the lump that makes up the statue (or, as we say, the lump that constitutes the statue). After all, why should the statue be any other lump of (...) bronze? But if that is right, if the statue is the lump of bronze that constitutes it, then why can the lump of bronze survive being melted down whereas the statue it constitutes cannot? It seems that in fact the bronze statue is not the lump of bronze that constitutes it, since the statue and the lump of bronze have different persistence conditions. But then is it some other lump of bronze? Is it a lump of bronze at all? These questions are troubling; they appear to have no easy answers. (shrink)

Can facts about subpersonal states and events be constitutively relevant to personal-level phenomena? And can knowledge of these facts inform explanations of personal-level phenomena? Some philosophers, like Jennifer Hornsby and John McDowell, argue for two negative answers whereby questions about persons and their behavior cannot be answered by using information from subpersonal psychology. Knowledge of subpersonal states and events cannot inform personal-level explanation such that they cast light on what constitutes persons? behaviors. In this paper I argue against (...) this position. After having distinguished between enabling and constitutive relevance, I defend the claim that at least some facts about subpersonal states and events are constitutively relevant to some personal-level phenomenon, and therefore can, and sometimes should, inform personal-level explanations. I draw some of the possible consequences of my claim for our understanding of personal-level behavior by focusing on the phenomenon of addiction. (shrink)

The requirements of rationality are fundamental in practical and theoretical philosophy. Nonetheless, there exists no correct account of what constitutes rational requirements. This paper attempts to provide a correct constitutive account of ‘rationality requires’. I argue that rational requirements are grounded in ‘necessary explanations of subjective incoherence’, as I shall put it. Rationality requires of you to X if and only if your rational capacities, in conjunction with the fact that you not-X, explain necessarily why you have a non-maximal (...) degree of subjective coherence. (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)

In this paper, I present a new framework supporting the claim that some elements in science play a constitutive function, with the aim of overcoming some limitations of Friedman's (2001) account. More precisely, I focus on what I consider to be the gradualism implicit in Friedman's interpretation of the constitutive a priori, that is, the fact that it seems to allow for degrees of 'constitutivity'. I tease out such gradualism by showing that the constitutive character Friedman aims (...) to track can be captured by three features - namely, quasi-axiomaticity (QA), generative potential (GP), and empirical shielding (ES) - which are exhibited to a maximal degree by the examples Friedman deploys, particularly in his analysis of Newtonian mechanics. I argue that not all varieties of 'constitutivity' can be captured by the kind of gradualism implicit in Friedman's view, although developing the gradualism itself might provide useful insights. To show this, I analyse the function of the Hardy-Weinberg principle (HWP) in population genetics in terms of its QA, GP, and ES. Whereas the HWP does not count as constitutive in classical philosophical interpretations (Sober 1984), nor does it within Friedman's framework, it does nonetheless perform a minimally constitutive function. By means of historical details and considerations on the prospects of replacing the HWP, I show that the HWP is minimally constitutive by being a counterfactual instantiation of a paradigmatically constitutive stability principle, where the latter might itself be regarded as an enabling condition for a variety of modelling practices across the sciences. (shrink)

Negative facts get a bad press. One reason for this is that it is not clear what negative facts are. We provide a theory of negative facts on which they are no stranger than positive atomic facts. We show that none of the usual arguments hold water against this account. Negative facts exist in the usual sense of existence and conform to an acceptable Eleatic principle. Furthermore, there are good reasons to want them around, including (...) their roles in causation, chance-making and truth-making, and in constituting holes and edges. (shrink)

Basically, a historian's conception of history is to be judged by the status he assigns to historical fact. We on our part have defined fact as the mental entity to which direct reference is made by a descriptive statement accepted as true (1.2-1.4). Next, we have tried to throw further light on this conception, not least by enlisting the aid of linguistics (1.5-1.7). History-as distinct from what others have termed 'history in an objective sense'-has been defined as 'histoire connaissance', whose (...) central concerns it is to render insightful what we have called the vis-à-vis (XYZ), sometimes indicated by the, to me repellent, term 'histoire réalité' (2.2). Further reflection on what ultimately constitutes fact has led us to adopt, in line with others, an extension of Kuhn's paradigm concept. (shrink)

Kant’s philosophy is often treated as a closed system, without reference to how it was written or how Kant arrived at its familiar form, the critique. In fact, the style of the critique seems so artless that readers think of it as an unfortunate by-product—a style of stylelessness. In _Constituting Critique_, Willi Goetschel shows how this apparent gracelessness was deliberately achieved by Kant through a series of writing experiments. By providing an account of the process that culminated in his three (...) _Critiques_, this book offers a new perspective on Kant’s philosophical thought and practice. _Constituting Critique_ traces the stages in Kant’s development to reveal how he redefined philosophy as a critical task. Following the philosopher through the experiments of his early essays, Goetschel demonstrates how Kant tests, challenges, and transforms the philosophical essay in his pursuit of a new self-reflective literary genre. From these experiments, critique emerges as the philosophical form for the critical project of the Enlightenment. The imperatives of its transcendental style, Goetschel contends, not only constitute and inform the critical moment of Kant’s philosophical praxis, but also have an enduring place in post-Kantian philosophy and literature. By situating the _Critiques_ within the context of Kant’s early essays, this work will redirect the attention of Kant scholars to the origins of their form. It will also encourage contemporary critical theorists to reconsider their own practice through an engagement with its source in Kant. (shrink)

While the Value-Free Ideal of science has suffered compelling criticism, some advocates like Gregor Betz continue to argue that science policy advisors should avoid value judgments by hedging their hypotheses. This approach depends on a mistaken understanding of the relations between facts and values in regulatory science. My case study involves the morning-after pill Plan B and the “Drug Fact” that it “may” prevent implantation. I analyze the operative values, which I call zygote-centrism, responsible for this hedged drug label. (...) Then, I explain my twofold account of value-ladenness, involving the constitutive role of value judgments in science and the social function of facts as political tools. Because this drug fact is ineliminably value-laden in both senses, I conclude that hedged hypotheses are not necessarily value-free. (shrink)

There are five individually plausible and jointly incompatible assumptions underlying four familiar puzzles about material constitution. The problem of material constitution just is the fact that these five assumptions are both plausible and incompatible. I will begin by providing a very general statement of the problem. I will present the five assumptions and provide a short argument showing how they conflict with one another. Then, in subsequent sections, I will go on to show how these assumptions underlie each of the (...) four puzzles. I will conclude by providing an exhaustive taxonomy of possible solutions to the problem. (shrink)

In the decades since the Science Wars of the 1990s, climate science has become a crucible for the negotiation of claims about reality and expertise. This negotiation, which has drawn explicitly on the ideas and techniques of science and technology studies, has taken place in genres of fiction as well as non-fiction, which intersect in surprising ways. In this case study, I focus on two interwoven strands of this history. One follows Michael Crichton’s best-selling 2004 novel, State of Fear and (...) its reception by neo-conservatives as a commentary on the mis-uses of facts to stoke fear about anthropogenic climate change. The other considers Naomi Oreskes and Erik M. Conway’s 2010 publishing success Merchants of Doubt as the inverse, a demonstration of the forms of disinformation that have been used to undermine scientific consensus around climate change. I show that both Crichton’s as well as Oreskes and Conway’s approaches were critiqued by academic STS even as their accounts constituted the most high-profile performances of its stakes and the politics of knowledge since the Science Wars. In highlighting the STS practices deployed by each, as well as how those practices were differently linked to accusations of fear-mongering and a perversion of the purity of STS, I demonstrate the need for a reflexive history of STS. Such an approach, I argue, can better consider the social life of STS ideas and practices amidst calls for more politically-engaged approaches to knowledge production. (shrink)

Standard philosophical methodology which proceeds by appeal to intuitions accessible "from the armchair" has come under criticism on the basis of empirical work indicating unanticipated variability of such intuitions. Loose constitutivity---the idea that intuitions are partly, but not strictly, constitutive of the concepts that appear in them---offers an interesting line of response to this empirical challenge. On a loose constitutivist view, it is unlikely that our intuitions are incorrect across the board, since they partly fix the facts in (...) question. But we argue that this ratification of intuitions is at best rough and generic, and can only do the required methodological work if it operates in conjunction with some sort of further criteria of theory selection. We consider two that we find in the literature: naturalness (Brian Weatherson, borrowing from Lewis) and charity (Henry Jackman, borrowing from Davidson). At the end of the day, neither provides the armchair philosopher complete shelter from extra-armchair inquiry. (shrink)

Facts, I am pleased to observe, are back in fashion. For some time now they have had staunch friends in the American Midwest, and these days they are embraced as far afield as Sydney and San Francisco. But what are facts, and what facts are there? My answer to the first part of this question, which I shall not pursue further, is the same as Russell’s and the early Wittgenstein’s: Facts are what constitute the objective world, (...) and what make true sentences and thoughts true and false sentences and thoughts false. But what is the nature of the relation between facts and truths whereby the former make the latter true? This is the central question of my paper. I naturally do not claim to give a full and adequate answer to it, but only to present some considerations which tend to favour one type of answer over another. The main burden of the paper is to show that it is in principle neither necessary nor desirable to admit negative, molecular, and general facts in order to allow for an adequate account of making true. (shrink)

Creationists who object to evolution in the science curriculum of public schools often cite Jonathan Well’s book Icons of Evolution in their support (Wells 2000). In the third chapter of his book Wells claims that neither paleontological nor molecular evidence supports the thesis that the history of life is an evolutionary process of descent from preexisting ancestors. We argue that Wells inappropriately relies upon ambiguities inherent in the term ‘Darwinian’ and the phrase ‘Darwin’s theory’. Furthermore, he does not accurately distinguish (...) between the overwhelming evidence that supports the thesis of common descent and controversies that pertain to causal mechanisms such as natural selection. We also argue that Wells’ attempts to undermine the evidence in support of common descent are flawed and his characterization of the relevant data is misleading. In particular, his assessment of the ‘Cambrian explosion’ does not do justice to the fossil record. Nor do his selective references to debate about molecular and paleontological phylogenies constitute a case against common descent. We conclude that the fossil and molecular evidence is more than sufficient to warrant science educators to present common descent as a well-established scientific fact. We also argue that diagrams depicting the ‘tree of life’ can be pedagogically useful as simplified representations of the history of life. (shrink)

The philosophy of mathematical practice sometimes investigates the social constitution of mathematics but does not always make explicit the philosophical-normative framework that guides the discussion. This chapter investigates some recent proposals in the philosophy of mathematical practice that compare social facts and mathematical objects, discussing similarities and differences. An attempt will be made to identify, through a comparison with three different perspectives in social ontology, the kind of objectivity attributed to mathematical knowledge, the type of representational or non-representational semantics (...) adopted, and the justificatory or coordinative role entrusted to axiomatics. After a brief introduction to key issues in social ontology, Sect. 3 of the chapter offers a survey of contributions by Feferman, Ferreirós, and Cole, highlighting a difference between approaches based on rules, practices, and intentional states, respectively. Section 4.1 also discusses results by Carter, Collin, Giardino, and Pantsar, focusing on differences between the objectivity of knowledge and objectivity of objects and showing that many authors combine a realist, structuralist, and pragmatist perspective, as well as the idea that objectivity comes in degrees. Section 4.2 focuses on the kind of semantics that is adopted in socially oriented approaches. A representational semantics is preferred by authors grounding their views on mental states, whereas a non-representational semantics best fits with views based on practices. Section 5 considers how axiomatics can be understood in a social perspective. Axiomatics generally plays a justificatory role also in theories that aim to explain the social constitution of mathematical knowledge. Yet, if one shifts from approaches based on mental states to approaches anchored on rules or habits, axiomatics can be viewed as an institution based on obligations, functions, coordination problems, and agent’s actions and roles, thus playing an organizational and coordination role. (shrink)

Ontological dualism is energetically resisted by a range of Christian scholars including philosophers such as Baker and Corcoran who defend accounts of human persons based on material constitution. Whilst Baker’s view fails to account for diachronic identity, Corcoran’s account of life after death makes use of Zimmerman’s problematic “Falling Elevator Model.” It is argued that Zimmerman’s recent reassessment of the model overestimates its value for materialists. In fact, the model generates either a fatal encounter with the nature of identity, or (...) absurdity. A lack of alternatives is illustrated by anticriterialist proposals. Thus it seems materialism and resurrection belief remain incompatible. (shrink)

In this article I am going to argue that despite the fact that (1) there is nothing specific to the form of constitutive rules and (2) that in some broad sense every rule has a constitutive aspect, there is a substantial difference between what might be called trivially and genuinely constitutive rules, and the difference can be spotted by looking at practices that rules are supposed to constitute, not at these rules.

As a young lecturer in philosophy and the eldest son of a prominent Jewish family, Alan Montefiore faced two very different understandings of his identity: the more traditional view that an identity such as his carried with it, as a matter of given fact, certain duties and obligations, and an opposing view, emphasized by his studies in philosophy, according to which there can be no rationally compelling move from statements of fact—whatever the alleged facts may be—to "judgments of value." (...) According to this second view, individuals must in the end take responsibility for determining their own values and obligations. In this book, Montefiore looks back on his attempts to understand the nature of this conflict and the misunderstandings it may engender. In the process, he illustrates through personal experience the practical implications of a characteristically philosophical issue. Montefiore finally settles on the following: while everyone has to accept that facts, including those of their own situation, are whatever they may be, both the "traditional" assumption that individuals must recognize certain values and obligations as rooted in those very facts, and the contrary view that individuals are ultimately responsible for determining their own values, are deeply embedded in differing conceptions of society and its relation to its members. Montefiore then examines the misunderstandings between those for whom identity constitutes in effect a conceptual bridge connecting the facts of who and what a person may be to the value commitments incumbent upon them, and those for whom the very idea of such a bridge can be nothing but a confusion. Using key examples from the notoriously vexed case of Jewish identity and from his own encounters with its conflicting meanings and implications, Montefiore depicts the practical significance of the differences between these worldviews, particularly for those who hove to negotiate them. (shrink)

Humeans and non-Humeans reasonably agree that there may be necessary connections between entities that are identical or merely partly distinct—between, e.g., sets and their individual members, fusions and their individual parts, instances of determinates and determinables, members of certain natural kinds and certain of their intrinsic properties, and (especially among physicalists) certain physical and mental states. Humeans maintain, however, that as per “Hume’s Dictum”, there are no necessary connections between entities that are wholly distinct;1 and in particular, no necessary causal (...) connections between such entities (even when the background conditions requisite for causation are in place). The Humean’s differential treatment appears principled, in reflecting that commonly accepted necessary connections involve constitutional relations, whereas wholly distinct entities (notably, causes and effects) do not constitute each other. I’ll argue, however, that the appearance of principle is not genuine, as per the following conditional: Constitutional→Causal: If one accepts certain constitutional necessities, one should accept certain causal necessities. This result provides needed leverage in assessing the two main frameworks in the metaphysics of science, treating natural kinds, causes, laws of nature, and the like. These frameworks differ primarily on whether Hume’s Dictum is taken as a working constraint on theorizing; and it has proved difficult for either side to criticize the other without presupposing their preferred stance on the dictum, hence talking past one another. The arguments for Constitutional→Causal are based, however, in general and independent considerations about what facts in the world might plausibly warrant our beliefs in certain constitutional necessities involving broadly scientific entities. The Humean can respond to these arguments, which reveal a deep tension in their view, at attendant costs of implausibilty and adhocery. The non-Humean framework doesn’t face any such tension between constitutional and causal necessities, however, and so in this respect comes out ahead. (shrink)

Constitutions serve (at least) two central functions. One is to settle certain controversies by offering a definitive solution, such as adoption of a presidential or parliamentary system, a one-house or two-house legislature, or guaranteeing a certain term of years to judicial appointees. Not surprisingly, there is rarely litigation about such solutions, even if one finds them troublesome; instead, one can suggest amending the constitution or even replacing it. A second function is precisely to engender litigation by addressing certain issues—very often (...) involving rights—that don't lend themselves to the kinds of definitive textual solutions similar to those involving structural features of a polity. If the first constitution can be described as a “constitution of settlement,” this second constitution is a “constitution of legal conversation” inasmuch as lawyers constantly dispute the meanings to be assigned such terms as “equal protection,” “human dignity,” and the like. But how does this apply to the preambles commonly, though not always, found in constitutions? Preambles often claim to evoke what binds together the society for whom the constitution is being drafted—religion, ethnicity, histories, languages, or commitments to norms, including universalistic ones. But to what extent are such claims of unity attempts by political elites to marginalize sectors of the society that do not in fact share the attributes in question? In any event, there is nothing “innocent” about constitutional preambles, and they are well worth taking seriously whether or not they are useful to lawyers engaged in litigation. (shrink)

In his “New Consensus” on explanation, Wesley Salmon (1989) famously argued that there are two kinds of scientific explanation: global, derivational, and unifying explanations, and then local, ontic explanations backed by causal relations. Following Salmon’s New Consensus, the dominant view in philosophy of science is what I term “neo-Causalism” which assumes that all ontic explanations of singular fact/event are causal explanations backed by causal relations, and that scientists only search for causal patterns or relations and only offer causal explanations of (...) singular facts/events. I argue that there are foundational, and fatal, flaws in the neo-Causal picture. The relations backing constitutive mechanistic explanations of activities of wholes using activities of parts, as well as other species of compositional explanation, cannot be causal relations. Treating them as causal or causation-like is therefore plausibly a category mistake. Compositional explanations in the sciences represent instead a sui generis kind of ontic explanation of singular fact/event backed by sui generis compositional relations. We thus need a pluralistic revision of Salmon’s New Consensus on explanation to reflect these findings. (shrink)

Our aim is to provide an account of constitutive rules in terms of (1) the acceptance of regulative norms, and (2) a cognitive process we call “symbolization” (in an altogether different sense from what J. R. Searle means by this word). We claim, first, that institutional facts à la Searle boil down to facts concerning the collective acceptance of regulative norms in a given community. This, however, does not exhaust what institutional facts are. There is a (...) residue, symbolization. Symbolization, as we understand it, involves a transfer of cognitive models from one domain to another. We introduce this notion by exploring different sorts of games, taking our cue from games of pretend play. In the context of this exploration, we introduce the idea of the significance—a matter of degree—of symbolization for a given institutional concept. In particular, we claim, symbolization may play, vis‐à‐vis a given institutional concept, a properly constitutive or a merely auxiliary role. We further argue that, in most legal concepts as conceived in our legal culture, symbolization plays a merely auxiliary role. A possible exception is the concept of political representation, at least on some understandings of it. (shrink)

This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation (...) of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyès' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu). (shrink)

One of biology's fundamental aims is to generate understanding of the living world around—and within—us. In this chapter, I aim to provide a relatively nonpartisan discussion of the nature of explanation in biology, grounded in widely shared philosophical views about scientific explanation. But this discussion also reflects what I think is important for philosophers and biologists alike to appreciate about successful scientific explanations, so some points will be controversial, at least among philosophers. I make three main points: (1) causal relationships (...) and broad patterns have often been granted importance to scientific explanations, and they are in fact both important; (2) some explanations in biology cite the components of or processes in systems that account for the systems’ features, whereas other explanations feature large-scale or structural causes that influence a system; and (3) there can be multiple different explanations of a given biological phenomenon, explanations that respond to different research aims and can thus be compatible with one another even when they may seem to disagree. (shrink)

Resumo O autor defende uma descrição normativa fraca do constitucionalismo internacional à luz de dois factos: a contínua relevância da soberania do Estado face à hegemonia de superpotências e a necessidade imperiosa de um regime supranacional eficaz de direitos humanos. Ao defender uma institucionalização constitucional de direitos humanos, que inclui aspectos de justiça processual e material, mostra-se que, como nos casos domésticos, tal institucionalização pode e, talvez deva, incorporar um procedimento de controlo judicial que ascende ao nível de controlo constitucional. (...) De facto, o parecer do Tribunal Europeu de Justiça no caso Kadi estabeleceu um possível precedente para o controlo do Conselho de Segurança no sentido do cumprimento dos direitos humanos e outras normas peremptórias. Dada a necessidade de perícia técnico legal para a elaboração de tal controlo, um caso prima facie pode ser feito para o estabelecimento de um Tribunal Constitucional especializado ao nível internacional. Contudo, dado o impacto desempenhado pelo poder político na resolução técnica da adjudicação de casos específicos e concretos, dentro de um sistema jurídico altamente fragmentado, e dado o facto de que o controlo constitucional também toca questões mais abstractas e menos técnicos de justiça social, o autor recomenda, que a função de controlo constitucional seja disseminada por várias instituições globais, incluindo a actual Assembleia Geral das Nações Unidas e na esfera pública global. O controlo constitucional pluricêntrico, bem como a institucionalização dos direitos humanos decorre do desacordo multicultural existente acerca do significado desses direitos e da ameaça da hegemonia de superpotências sobre as instituições globais. Assim antecipa-se também a realização de uma constitucionalização mais monista no Direito Internacional com o crescimento da solidariedade global entre os povos. Palavras-chave : Constitucionalização, Controlo Constitucional, Direitos Humanos, Habermas, Nações Unidades, Pluralismo LegalI defend a weakly normative description of international constitutionalism in light of two facts: the continued salience of state sovereignty in the face of superpower hegemony and the overriding need for an effective supranational human rights regime. In arguing for a constitutional institutionalization of human rights that includes aspects of procedural and substantive justice, I show that, as in the domestic case, such an institutionalization could and perhaps should incorporate a procedure for judicial review ascending to the level of constitutional review. In fact, the European Court of Justice’s review of the Kadi case establishes a possible precedent for reviewing Security Council compliance with human rights and other peremptory norms. Given the need for technical legal expertise in elaborating such review, a prima facie case can be made for establishing a specialized constitutional court at the international level. However, given the impact that political power plays in the technical resolution of concrete, case-specific adjudication within a highly fragmented legal system, and given the fact that constitutional review also touches on more abstract and less technical issues of social justice, I recommend that the function of constitutional review be dispersed in several global institutions, including the current United Nations General Assembly and a global public sphere. The pluralization of constitutional review and the accompanying interpretation and institutionalization of human rights recognizes existing multicultural disagreement on the meaning of human rights and the threat of superpower hegemony over global institutions while anticipating the realization of a more monistic constitutionalization of international law with the growth of global solidarity between peoples. Keywords : Constitutional Review, Constitutionalization, Habermas, Human Rights, Legal Pluralism, United Nations. (shrink)

Recently scholars have been claiming that Aristotle’s biological explanations treat “facts about matter”—facts such as the degree of heat or amount of fluidity in an organism’s material constitution—as explanatorily basic or “primitive.” That is, these facts about matter are taken to be unexplained, brute facts about organisms, rather than ones that are explained by the organism’s form or essence, as we would have expected from Aristotle’s general commitment to the causal and explanatory priority of form over (...) matter. In this paper, I present three considerations for rejecting the view that facts about matter are primitive. First, there is evidence that those putative unexplained facts about degrees of heat, dryness, fluidity, etc. are, in fact, explained. Second, there are certain cases, such as human intelligence, where it would be quite implausible to consider the explanation in terms of degrees of heat to be starting from what Aristotle considers primitive facts. Third, the idea that facts about matter are as explanatorily primitive as facts about form requires a particular conception of the causal processes that the explanations mirror. But this conception of the causal processes conflicts with the way Aristotle characterizes them in Generation of Animals. There, heat is not treated as a causal factor that works “independently” of soul. In my view, these three considerations provide compelling reason to reject the claim that Aristotle’s biology treats facts about matter as primitive. (shrink)

In his influential book Truth, Paul Horwich deploys a philosophical method focused on linguistic usage, that is, on the function(s) the concept of truth serves in actual discourse. In doing so Horwich eschews abstract metaphysics, arguing that metaphysical or ontological conceptions of truth rest on basic misconceptions. From this description, one might reasonably expect Horwich's book to have drawn inspiration from, or even embodied philosophical pragmatism of some kind. Unfortunately Horwich relies upon Russell's tired caricature of pragmatism about truth (''p' (...) is true if and only if it is useful to believe p' (Ibid., p. 34, p. 47)), and as a result underestimates the challenge it poses to Minimalism. This paper develops a pragmatist critique of minimalism that focuses on the seemingly central, plausibly constitutive role played by the concept of truth in the speech-act of assertion. The critique suggests that Horwich's Minimalism does not and cannot accomplish its stated goal of explaining all of the facts involving truth. Indeed, the kind of thorough-going deflationism sought by Horwich and others (including pragmatist sympathizer Bob Brandom) is incompatible with an adequate account of assertion, and perhaps other concepts (like belief, judgement and inquiry) as well. (shrink)

The author emphasizes the fact that the largest part of Plato’s Timaeus deals with human nature and offers a detailed account of the constitution of the human body. He then lists the parallels and the differences between the constitution of the world body and the human body. The central part of the paper deals with Plato’s explanation of the persistence of the human body within a bodily environment which causes its dissolution. The author pays a special attention to Plato’s theory (...) of the apparatus which keeps running the processes of respiration, digestion and blood circulation. In the concluding section, the author raises thequestion of the relationship between human body and human soul. He shows that, in Plato’s Timaeus, the human body functions to a large extent independently from human soul. One possible reason for this theory is Plato’s conception of the immortal soul. While the human body exists in order to harbour the immortal soul, the latter does not produce and preserve it nor does it cause its dissolution. It only exercises cognitive and ruling functions in it as long as the body is able to hold together and to detain the soul. (shrink)

One of the most influential arguments against the possibility of drawing a principled fact-convention distinction consists in the insight that because our beliefs are necessarily evaluated together, any statement can be retained or given up in the face of experience. The purpose of this paper is to establish that this argument does not undermine Poincaré s conventionalism in virtue of the fact that this doctrine does not simply amount to the claim that there are principles that are immune to revision. (...) It will be argued that Poincaré’s most important insight into the structure of theoretical knowledge is that there exist principles that cannot be empirically tested because they make possible the application of theoretical terms to experience. (shrink)

Various promising claims have been made that business can help alleviate poverty, and can do so in ways that add value to the bottom line. This article begins by highlighting that the evidence for such claims is not especially strong, particularly if business is thought of as a development agent, i.e. an organization that consciously and accountably contributes towards pro-poor outcomes. It goes on to ask whether, if we did know more about either the business case or the poverty alleviation (...) case, would this give cause for greater optimism that business could make a significant contribution to development. By exploring the experiences of producers of Fairtrade tea in Kenya, we reveal the complex nature of what constitutes a beneficial outcome for the poor and marginalized, and the gap that can exist between ethical intentions and the experience of their intended beneficiaries. The lessons of these experiences are relevant for Fairtrade and any commercial initiative that seeks to achieve outcomes beneficial and recognizable to the poor, and raise questions about the integration of social and instrumental outcomes that a future generation of ethical entrepreneurship will need to address. (shrink)

. Once constituted, scientific facts have a way of roaming about on their own in the world, much divorced from the circumstances of their original constitution. An important part of Latour and Woolgar's discussion in Laboratory Life was to draw attention to how facts are used once they are at the final stage of their constitution. What I propose to do here is to go one step further, and to follow a single fact around in the wild—to tag (...) it, as it were, much as a biologist might tag an animal with a radio collar—and then look to see where it turns up. The fact I have chosen is especially taggable, simply because it happens to be fantastic: I refer to the fact that magnets will lose their power of attraction if they are rubbed with garlic. This fact is also useful because it shows up in authors spanning fifteen centuries, from Plutarch through Rabelais and beyond, and over this time it shows some interesting behaviors. Of course, in the end, the garlic-magnet antipathy was disproved, and so changed its epistemological status, moving from one extreme to the other: from the obviously true to the obviously ridiculous. What struck Rabe-. (shrink)

This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a legal requirement (...) has been issued can be a reason for action, yet one that is underpinned by bedrock values which law is apt to serve. Notions discussed here include a value-based conception of reasons as facts ; a distinction between complete and incomplete reasons ; and David Enoch’s idea of triggering reason-giving. Following a discussion of criticism against the view adopted here, the chapter concludes by considering some more ‘robust’ conceptions of law’s reason-giving capacity. (shrink)

This short essay explores the importance of fear and violence in the genesis and life of constitutions, with a particular focus on the case of secession. Secession has been seen as a taboo and until recently constitutions tried to avoid mentioning it, considering such a phenomenon as an extra legal fact. A turning point has been represented by the famous Reference of the Canadian Supreme Court on Québec. Finally, in the last part of this work I shall try to present (...) some arguments in favour of the explicit constitutionalization of a secession clause in multi-national federalisms. (shrink)

One of the most influential arguments against the possibility of drawing a principled fact-convention distinction consists in the insight that because our beliefs are necessarily evaluated together, any statement can be retained or given up in the face of experience. The purpose of this paper is to establish that this argument does not undermine Poincaré s conventionalism in virtue of the fact that this doctrine does not simply amount to the claim that there are principles that are immune to revision. (...) It will be argued that Poincaré’s most important insight into the structure of theoretical knowledge is that there exist principles that cannot be empirically tested because they make possible the application of theoretical terms to experience. (shrink)

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

To verify the occurrence of a singular instance of testimonial injustice three facts must be established. The first is whether the hearer in fact has an identity prejudice of which she may or may not be aware; the second is whether that prejudice was in fact the cause of the unjustified credibility deficit; and the third is whether there was in fact a credibility deficit in the testimonial exchange. These three elements constitute the facts of the matter of (...) testimonial injustice. In this essay we argue that none of these facts can be established with any degree of confidence, and therefore that testimonial injustice is an undetectable phenomenon in singular instances. Our intention is not to undermine the idea of testimonial injustice, but rather to set limits to what can be justifiably asserted about it. According to our argument, although there are insufficient reasons to identify individual acts of testimonial injustice, it is possible to recognize recurrent patterns of epistemic responses to speakers who belong to specific social groups. General testimonial injustice can thus be characterized as a behavioral tendency of a prejudiced hearer. (shrink)

Within public health, and increasingly other areas of social policy, there are widespread calls to increase or improve the use of evidence for policy-making. Often these calls rest on an assumption that increased evidence utilisation will be a more efficient or effective means of achieving social goals. Yet a clear elucidation of what can be considered “good evidence” for policy is rarely articulated. Many of the current discussions of best practise in the health policy sector derive from the evidence-based medicine (...) movement, embracing the “hierarchy of evidence” that places experimental trials as pre-eminent in terms of methodological quality. However, a number of problems arise if these hierarchies are used to rank or prioritise policy relevance. Challenges in applying evidence hierarchies to policy questions arise from the fact that the EBM hierarchies rank evidence of intervention effect on a specified and limited number of outcomes. Previous authors have noted that evidence forms at the top of... (shrink)