Institutions

Åsa Burman has recently introduced the important notion of telic power and differentiated it from deontic power in an attempt to build a bridge between ideal and non-ideal social ontology. We find Burman’s project promising but we argue that more is to be done to make it entirely successful. First, there is a palpable tension between Burman’s claim that telic power can be ontologically independent of deontic power and her examples, which suggest that these forms of power share the same (...) basis. Second, it is not completely clear how telic power helps non-ideal social ontologists explain oppression, since Burman thinks that both forms of power are transparent to social agents. We offer solutions to both problems. First, we question the thesis that telic power can exist without deontic power. Burman contends that this is possible because some social roles involving telic power can exist independently of institutions, which are––in her opinion––the source of deontic power. Against Burman, we suggest that all social roles involve deontic power, whether or not they are institutional. Second, we argue that while the exercise of deontic power requires a mutual recognition of the social roles of the interacting agents and, therefore, an acceptance of the associated norms, the exercise of telic power does not require acceptance of the relevant norms. This is why invoking telic power is useful in explaining how oppression and injustice can arise. Lastly, we suggest that the relation between teleological normativity and telic power has not been fully clarified by Burman and requires a deeper analysis. (shrink)

Kenneth Silver has recently argued that backwards causation is common in the context of social institutions. I consider this claim in detail and conclude that backwards causation is not the most plausible interpretation of what is going on in the cases Silver considers. Nonetheless, I show that these cases can teach us some interesting lessons about institutional facts. In particular, I argue that in order to avoid contradiction due to conflicting declarations in these cases, we must conclude that the properties (...) involved in institutional facts are relational properties. (shrink)

Many philosophers accept the idea that there are duties to promote or create just institutions. But are the addressees of such duties supposed to be individuals – the members of the citizenry? What does it mean for an individual to promote or create just institutions? According to the ‘Simple View’, the citizenry has a collective duty to create or promote just institutions, and each individual citizen has an individual duty to do their part in this collective project. The simple view (...) appears to work well with regard to – you guessed it – ‘simple’ scenarios but it is riddled with further questions and problems. In this chapter, we raise five problems for the Simple View: (a) We suggest that one cannot develop a view concerning the citizenry’s duty to promote just institutions in isolation from a conception of the ontological relationship between the state and its citizens; (b) We argue that it is not obvious that the citizenry is the right entity to be attributed duties in the first place; (c) We show that a plausible account of collective duties to promote just institutions must not remain silent on the complexities and difficulties amorphous, unorganized group face in vis-à-vis collective action; (d) We contend that without allocation principles for contributory duties amongst the citizenry, or – alternatively – a method for practical deliberation that is action-guiding in collective action contexts, the claim that the citizens have a collective duty to promote just institutions remains moot; and, finally, (e) We demonstrate that the problem of reasonable disagreement is a serious threat to a collective duty to promote or create just institutions – it potentially undermines such a duty altogether and allows for conflicting contributory duties amongst the citizenry. We hope that our discussion will ultimately help improve existing theories and conceptual frameworks with a view to better understanding citizens’ obligations to promote justice under non-ideal conditions. (shrink)

I argue against group agent realism, or the view that groups have irreducible mental states. If group agents have irreducible mental states, as realists assume, then the best group agent realist explanation of corporate agents features only basic mental states with at most one motivational function each. But the best group agent realist explanation of corporate agents does not feature only basic mental states with at most one motivational function each. So corporate agents lack irreducible mental states. How so? I (...) defend the conditional with an argument from disagreement. On cognitivist approaches to desire, desires function to both motivate and represent the world. Yet such desires are subject to a significant amount of disagreement. Reflection on the folk-psychological properties of desire and belief suggest that this disagreement is better explained by a non-cognitivist approach to desire where they do not have both functions. I then defend the claim that realists are committed to at least some cognitivist motivational states. Using the example of fire brigades, I argue that the best realist explanation of group agents involves mental states with both representational and motivational functions. By modus tollens, corporations then lack irreducible mental states, period. (shrink)

Whereas many philosophers take backwards causation to be impossible, the few who maintain its possibility either take it to be absent from the actual world or else confined to theoretical physics. Here, however, I argue that backwards causation is not only actual, but common, though occurring in the context of our social institutions. After juxtaposing my cases with a few others in the literature and arguing that we should take seriously the reality of causal cases in these contexts, I consider (...) several objections. These objections involve whether the cases should be reinterpreted, whether they are properly within the institution, whether they involve necessitation or else Cambridge changes, whether and how they involve changing the past, and whether this should call us to question institutional reality. I end by suggesting that it is a virtue of our institutions that they allow backwards causation, that this is a kind of technology that they are often built to incorporate. (shrink)

In this essay, I argue that any competent group agent must be a wanton. The impetus for this claim is an argument Arthur Applbaum makes in Legitimacy: The Right to Rule in a Wanton World that a formal institution (in this case, a government) can, under the right conditions, function as a free moral group agent. I begin by explaining Harry Frankfurt’s classic account of wantonism—not just for the benefit of readers who might not be familiar with the concept, but (...) also to emphasize aspects of the concept relevant for the consideration of group agency. I then draw on the contemporary literature on group agency to argue that any successful group agent will be a wanton. I then turn to Applbaum’s account of group agency to argue that his proposed mechanisms for free moral group agency do not successfully overcome the challenge of wantonism. I close the essay by briefly addressing some of the ramifications of my argument for Applbaum’s larger project in Legitimacy. I argue that, after rejecting the flawed account of free moral group agency, we can productively recover some of Applbaum’s key insights within a revised account of political legitimacy. (shrink)

Philosophical anthropology aims to discover what makes us human, but it has produced accounts that exclude some members of our species. It relies often on a non-naturalistic “philosophy of consciousness” and locates humanity in the cognitive capacity to objectively represent things, to reason teleologically and use tools, to use symbols and language, or to be self-conscious and question existence. This work pursues an alternative, thoroughly naturalistic philosophical anthropology in the tradition of Arnold Gehlen. Combining Gehlen’s theory of our behaviorally-detached and (...) culturally-determined impulses with Maurice Merleau-Ponty’s views on intersubjectivity, affect, sexuality, and social institutions, the present work locates the human within the unique structure of human feeling. This produces a truly inclusive account of “the human as the other” or Homo alter. The human is deeply and thoroughly dependent on affective, bodily, communicative bonds, in which others appear as sources of meaning, norms, pleasure, and approbation and disapprobation. This socio-biological account of the human makes institutionality central to our form of life but rejects any political anthropology that attempts to use human nature to prescribe a necessary form to institutions such as the home. Such a social and affective account of the human produces a novel approach to the affect of shame as the feeling of institutional rejection. Ultimately, this work uses philosophical anthropology to combat dehumanization. Our unique form of dependency on others and institutions is present, for example, in infants and the severely disabled who may not possess the forms of consciousness and cognition that traditionally are identified with being human. (shrink)

This dissertation examines the practice of categorizing works of art and its relationship to art criticism. How a work of art is categorized influences how it is appreciated and criticized. Being frightening is a merit for horror, but a demerit for lullabies. The brushstrokes in Monet's "Impression, Sunrise" (1874) look crude when seen as a Neoclassical painting, but graceful when seen as an Impressionist painting. Many of the judgments we make about artworks are category-dependent in this way, but previous research (...) has rarely examined in depth the ontological structure of art categories, how they are generated and maintained, and how they function. This dissertation fills this gap. The proposal of this dissertation can be summarized as follows. Categories (especially genres) should be analyzed as clusters of rules that regulate the responses and behaviors of agents in the artworld. The visual mundaneness is a critical reason to consider Duchamp's "Comb" (1916) provocative, given the existence of the readymade as a set of rules that justifies such reasoning. The critical and appreciative practice of which categorization is a part is a social practice of making, declaring, proposing, reforming, and developing rules of appreciation. How we appreciate artworks, and how criticism guides our appreciation, is sensitive to how we categorize artworks. How we categorize artworks is sensitive to what categories have been set up in our community and which categories are active regarding each artwork. (shrink)

One particularly influential strand of the contemporary philosophical literature on the metaphysics of social institutions has been the collective acceptance approach, most prominently advocated by John Searle and Raimo Tuomela. The continuing influence of the collective acceptance approach has resulted in alternative accounts that either preserve a role for collective acceptance, or replace it with some other kind of mental state. I argue that this emphasis on the mental in the metaphysics of social institutions is a mistake. First, I raise (...) problems for the collective acceptance approach itself, then for pluralist approaches that preserve a role for collective acceptance, and finally for approaches that replace collective acceptance with individual mental states such as beliefs and intentions. Lest my arguments undermining these approaches to the metaphysics of social institutions seem to also undermine our ability to give such a metaphysics at all, I end by sketching an alternative approach: focusing only on observable behavior, with no role for mental states. (shrink)

In this Chapter, we address the challenge of explaining institutional change, asking whether the much-criticized rational choice perspective can contribute to the understanding of institutional change in political science. We discuss the methodological reasons why rational choice institutionalism (RCI) often assumes that institutional change is exogenous and discontinuous. We then identify and explore the possible pathways along which RCI can be extended to be more useful in understanding institutional change in political science. Finally, we reflect on what RCI theorizing would (...) look like if it started to take endogenous change seriously: by giving up some of its simplifying assumptions, RCI can be a useful tool for analyzing institutional change, but choosing this path has consequences for the generality of the models in RCI as well as for the style of its theorizing. (shrink)

Niniejsza praca ma na celu przedstawienie, w jaki sposób Hartowska koncepcja otwartej struktury prawa może posłużyć dla teoretycznej refleksji nad zjawiskiem ewolucji instytucji prawnych. W pierwszej części artykułu zostanie zaprezentowany sposób, w jaki rozumiane jest pojęcie „otwartej struktury”. Jest to presktyprywna interpetacja propozycji Herberta L.A. Harta, zaproponowana pierwotnie przez Briana Bixa, która „zakłada”, a nie „dowodzi” istnienie otwartej struktury. W drugiej części przedstawię, jak otwarta struktura prawa wyjaśnia aktywizm sędziowski bądź zmiany legislacyjne w stosunku do instytucji prawnych na przykładzie instytucji (...) małżeństwa. Jednym z głównych problemów jest tzw. argument semantyczny, który wskazuje na językowe granice dla dokonywania pewnych zmian prawnych (np. uchwalenia małżeństw jednopłciowych, nadania osobowości prawnej rzekom). Problem semantycznych granic zostanie umieszczony w kontekście podziału na pojęcia odnoszące się do rodzajów społecznych oraz prawnych. Powyższe rozważania zostaną na końcu umieszczone w kontekście polskich przepisów, szczególnie art. 18 Konstytucji RP. (shrink)

Una parte de la legitimación de los medios de comunicación reposa en el crédito que la ciudadanía les concede en calidad de fuentes confiables de conocimiento. En el caso de las noticias y los informativos opera la presunción de veracidad y, en menor medida, la prudencia escéptica.

It is commonly held that political ignorance is rational, a response to the high costs and low benefits of acquiring political information. But many recent critics of the claim that political ignorance is rational instead urge that it is a simple consequence of agents not concerning themselves with the acquisition of political information whatsoever. According to such critics, political ignorance is inadvertent radical ignorance rather than a rational response to the incentives faced by agents in democracies. And since political ignorance (...) is not a response to incentives, these critics urge, it cannot be ameliorated by incentivizing the acquisition of political information. This paper has two goals. First, I show that these seemingly competing accounts of political ignorance are in fact complementary, together explaining much political ignorance. Indeed, there is a sense in which political ignorance can be both rational and radical at the same time. Second, I more closely examine the relationship between incentives, kinds of political ignorance, and the acquisition of political information. On the one hand, from the fact that political ignorance is rational it does not follow that it can be overcome by incentivizing the acquisition of information. On the other hand, from the fact that political ignorance is radical it does not follow that it cannot be overcome by incentivizing the acquisition of information. Lastly, the complexity of the information in question is more relevant to determining whether ignorance can be overcome than whether such ignorance is rational or radical. (shrink)

Universities are knowledge institutions. Compared to several other knowledge institutions (e.g. schools, government research organisations, think tanks), research universities have unusual, anarchic organisational features. We argue that such anarchic features are not a weakness. Rather, they reflect the special standing of research universities among knowledge institutions. We contend that the distributed, self-organising mode of knowledge production maintains a diversity of approaches, topics and solutions needed in frontier research, which involves generating relevant knowledge under uncertainty. Organisational disunity and inconsistencies should sometimes (...) be protected by institutional structures and procedures in order for research universities to best serve their purpose as knowledge institutions. The quality control for the knowledge produced stems from knowledge fields, clusters of knowledge and research that exist beyond the confines of individual organisations. The diversity of epistemic contributions is therefore kept in check by the order imposed by the internal logic of science as a social practice. Our argument provides a new defence for the autonomy of research conducted at universities. (shrink)

The traditional conception of lying, according to which to lie is to make an assertion with an intention to deceive the hearer, has recently been put under pressure by the phenomenon of bald-faced lies i.e. utterances that _prima facie_ look like lies but because of their blatancy allegedly lack the accompanying intention to deceive. In this paper we propose an intuitive way of reconciling the phenomenon of bald-faced lies with the traditional conception by suggesting that the existing analyses of the (...) phenomenon overlook a non-obvious category of hearers whom the speakers of bald-faced lies intend to deceive. Those hearers are institutions represented by the people involved, such as courts or secret police. We also criticize two recent rival accounts (Jessica Keiser’s and Daniel Harris’s) that attempt to save the traditional conception by saying that some bald-faced lies are not assertions, because they are conventional—rather than illocutionary—speech acts. (shrink)

Some conceptions of the role of philosophers in climate change focus mainly on theoretical progress in philosophy, or on philosophers as individual citizens. Against these views, I defend a skill view: philosophers should use our characteristic skills as philosophers to combat climate change by integrating it into our teaching, research, service, and community engagement. A focus on theoretical progress, citizenship, expertise, virtue, ability, social role, or power, rather than on skill, can allow for some of these contributions. But the skill (...) view, I argue, uniquely captures the breadth of philosophers’ role in climate change; promises to make us more effective in practice; and offers a compelling way to overcome our own lingering climate denial by integrating climate change into all aspects of philosophical activity. (shrink)

Any effort to specify identity conditions for corporations faces significant challenges. Corporations are amorphous. Nature draws no hard lines defining where they start or stop, whether in space or time. Corporations are also frustratingly dynamic. They often change the most basic aspects of their composition by exchanging parts, splitting and merging, changing ownership, and reworking fundamental internal operations. -/- Even so, we apply corporate identity conditions all the time. Both law and common intuition recognize that corporations do things—like pollute environments (...) or mislabel addictive medications—that call for judgment. Imposing judgment on corporations presupposes some implicit view of corporate identity that allows us to say, “This corporation that we now judge is the same one that misbehaved.” -/- This chapter draws on evidence from court decisions and experimental philosophy to unpack the fundamentally different visions of corporate identity implicitly encoded in law and in common intuition. The discrepancies suggest important lessons for lawmakers and corporate managers. (shrink)

Se explora cómo la ciencia ciudadana promueve una mejora epistémica tanto en las instituciones científicas como en la sociedad a gran escala. En este sentido, se ofrece una caracterización de la ciencia ciudadana y a partir de ella se muestra cómo la participación de no especialistas contribuye al fortalecimiento epistémico a través de la pluralidad. Además, se examina cómo la inclusión de miembros de la sociedad en la investigación científica es capaz de promover la mejora epistémica de individuos mediante la (...) formación de pensadores críticos. Las conclusiones indican que la ciencia ciudadana puede optimizar estos dos tipos de mejora epistémica por medio del diseño de proyectos que, aunado a la persecución de objetivos propiamente científicos, se dirijan a la obtención de estos bienes. (shrink)

Alexander Raven Thomson was a British fascist philosopher, active from 1932 to 1955. I outline Thomson’s Spenglerian views on civilization and decline. I argue that Thomson in his first book is an orthodox Spenglerian who accepts that decline is inevitable and thinks that it is morally required to destroy civilization in its final stages. I argue that this suffers from conceptual issues which may have caused Thomson’s change to a revised form of Spenglerianism, which is more authentically fascist. This authentically (...) fascist view is then seen to fall prey into the problem inherent in the very idea of permanent rebirth. (shrink)

On Bernard Suits’s celebrated analysis, to play a game is to engage in a ‘voluntary attempt to overcome unnecessary obstacles’. Voluntariness is understood in terms of the players having the ‘lusory attitude’ of accepting the constitutive rules of the game just because they make possible playing it. In this paper I suggest that the players in Netflix’s hit show Squid Game play the ‘squid games’, but they do not do so voluntarily; they are forced to play. I argue that this (...) means that we should rethink Suits’s analysis by claiming that all that is needed for players to play is that someone has put the rules in force for them for the reason that it makes playing the game possible. I then illustrate the virtues of the revised analysis by showing how it helps us to defuse Hurka’s recent counterexamples to Suits’s view. (shrink)

If we cannot define science using only analysis or description, then we must rely on imagination to provide us with suitable objects of philosophical inquiry. This process ties our intellectual findings to the particular ways in which we philosophers think about scientific practice and carve out a cognitive space between real world practice and conceptual abstraction. As an example, I consider Heather Douglas’s work on the responsibilities of scientists and document her implicit ideal of science, defined primarily as an epistemic (...) practice. I then contrast her idealization of science with an alternative: “technoscience,” a heuristic concept used to describe nanotechnology, synthetic biology, and similar “Mode 2” forms of research. This comparison reveals that one’s preferred imaginary of science, even when inspired by real practices, has significant implications for the distribution of responsibility. Douglas’s account attributes moral obligations to scientists, while the imaginaries associated with “technoscience” and “Mode 2 science” spread responsibility across the network of practice. This dynamic between mind and social order, I argue, demands an ethics of imagination in which philosophers of science hold themselves accountable for their imaginaries. Extending analogous challenges from feminist philosophy and Mills’s. “Ideal Theory’ as Ideology,” I conclude that we ought to reflect on the idiosyncrasy of the philosophical imagination and consider how our idealizations of science, if widely held, would affect our communities and broader society. (shrink)

It is widely acknowledged that categories play significant roles in the appreciation of artworks. This paper argues that the correct categories of artworks are institutionally established through social processes. Section 1 examines the candidates for determining correct categories and proposes that this question should shift the focus from category membership to appreciative behaviour associated with categories. Section 2 draws on Francesco Guala’s theory of institutions to show that categories of artworks are established as rules-in-equilibrium. Section 3 reviews the explanatory benefits (...) of this institutional theory of the correct category. [Winner of the 2022 Debates in Aesthetics Essay Prize]. (shrink)

ABSTRACT This paper offers an account of institutional testimonial justice and describes one way that it breaks down, which we call institutional opacity. An institution is opaque when it becomes resistant to epistemic evaluation and understanding by its agents and users. When one cannot understand the inner workings of an institution, it becomes difficult to know how to comport oneself testimonially. We offer an account of an institutional ethos to explain what it means for an institution to be testimonially just; (...) we then describe how an ethos of institutional testimonial justice can break down when the institution becomes opaque. An opaque institution is especially problematic for individuals and groups already rendered epistemically vulnerable during their interactions with that institution, which we call epistemically vulnerabilised individuals. We articulate the features of an encounter between an epistemically vulnerabilised individual and an opaque institution. We end by tracing ameliorative strategies that could help repair a deteriorated institutional ethos of testimonial justice. (shrink)

In all probability, future generations will outnumber us by thousands or millions to one. In the aggregate, their interests therefore matter enormously, and anything we can do to steer the future of civilization onto a better trajectory is of tremendous moral importance. This is the guiding thought that defines the philosophy of longtermism. Political science tells us that the practices of most governments are at stark odds with longtermism. But the problems of political short-termism are neither necessary nor inevitable. In (...) principle, the state could serve as a powerful tool for positively shaping the long-term future. In this chapter, we make some suggestions about how to align government incentives with the interests of future generations. First, in Section II, we explain the root causes of political short-termism. Then, in Section III, we propose and defend four institutional reforms that we think would be promising ways to increase the time horizons of governments: 1) government research institutions and archivists; 2) posterity impact assessments; 3) futures assemblies; and 4) legislative houses for future generations. Section IV concludes with five additional reforms that are promising but require further research: to fully resolve the problem of political short-termism we must develop a comprehensive research program on effective longtermist political institutions. (shrink)

Prominent accounts of collective intentional activity explain the nature of social groups by virtue of a specific criterion: goal-directedness. In doing so, these accounts offer little in the way of determining whether there are any differences among social groups. In this paper, I propose a refined framework of collective intentional activity that can distinguish among social groups better than alternative accounts, and which has revisionary but nevertheless plausible implications for the nature of the family: specifically, that certain friendship relationships may (...) count as genuinely familial, and that we ought to count them as such. I argue that social groups are distinguished by what we can expect from one another within different kinds of social groups; specifically, that there is an important difference between reciprocity that is equivalent in performance and reciprocity that is equivalent in intention; familial groups are specifically guided by this latter kind of reciprocity. This more inclusive definition of familial groups may have important implications for how such groups are supported within a given society – for instance, by recognizing certain caring relations as essential for well-being and supporting them accordingly. (shrink)

Institutions play an indispensable role in our political and epistemic lives. This Chapter explores sympathetically the claim that political institutions can be bearers of epistemic vices. I start by describing one form of collectivism - the claim that the vices of institutions do not reduce to the vices of their members. I then describe the phenomenon of epistemic corruption and the various processes that can corrupt the epistemic ethoi of political institutions. The discussion focuses on some recent work by Miranda (...) Fricker and select examples from recent British political experience. The Chapter ends with suggestions for further work on the corruption and repair of the epistemic ethoi of political institutions. (shrink)

The core thesis of this book is that to understand the implications of incentive structures in modern higher education, we require a deeper understanding of associated issues in the philosophy of science. Significant public and philanthropic resources are directed towards various forms of research in the hope of addressing key societal problems. That view, and the associated allocation of resources, relies on the assumption that academic research will tend towards finding truth – or at least selecting the best approximations of (...) it. The present book builds on, and extends, contributions in philosophy and higher education to argue that this assumption is misplaced: with serious implications for modern higher education and its role in informing societal decisions and government policy. The book develops a philosophical foundation for the analysis of the connection between higher education incentives, scientific progress and societal outcomes. That in turn is used to demonstrate how the current approach to incentivising intellectual and scientific progress is likely not only to fail, but in fact to cause harm on the very dimensions it purports to improve. The arguments presented are illustrated with examples from medicine and academic economics, making the book one of the first to examine issues of scientific progress and social consequences across the human and social sciences. In doing so, it develops a novel critique of modern economics that in turn provides a more philosophically substantive foundation for popular critiques of economics than has existed to date. (shrink)

When we criticize social institutions and practices, what kinds of reasons can we offer for such criticism? Political philosophers often assume that we must rely on universal moral principles that are not necessarily connected to the particular social practices of our communities. Traditionally,continental critical theory has rejected this claim through its endorsement of the method of immanent critique. Immanent critique is a critique of social practices that draws on norms already present within these practices to demand social change, rather than (...) merely conservatively reproducing them. This book defends the claim that such a critique is not only possible, but also has politically powerful potential. Taking up recent developments in analytic collective intentionality theory and in the philosophy of language, the book argues that all social practices rest on structures of mutual recognition between persons that allow social theorists to reconstruct hidden norms present within these practices. Starting from a comprehensive critique of contemporary critical theory, the book also spells out the consequences of this line of thought for the practice of social critique, for the social sciences and for political philosophy. (shrink)

Yves Simonin, a rather obscure professor of hydrography in Bayonne, submitted five scientific papers to the Paris Academy of Sciences between 1738 and 1740, which only survive in the original manuscript versions. The topics Simonin deals with in these texts are essentially three: the rectification of navigation charts of the Southern Sea, the shape of the Earth, and the heliocentric theory. Far from acknowledging Simonin's contribution to the ongoing academic debate as a valuable one, the institution systematically rejected his work. (...) In this paper, I first provide a critical analysis of Simonin's manuscripts. As I argue, their originality lies in the adoption of the perspective of a practitioner of and expert in navigational techniques. I then investigate the reasons behind the Academy's negative reception of Simonin's papers, casting light on the expertise required to participate in academic debates in the mid-18th century, and on the limits set by the institution to the possibility of external intervention. (shrink)

Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. (...) An important characteristic of an institution’s purpose is its deontic status, i.e. whether it is morally impermissible, merely permissible, or mandatory. Although this matters, it does so in some non-obvious ways; the mere fact of a morally impermissible purpose is not necessarily delegitimating, for example. I also consider the problem of conflicting, multiple, and contested institutional purposes, and the different theoretical roles for institutional purpose. Understanding how differences in purpose matter for an institution’s legitimacy is one part of the broader project of theorizing institutional legitimacy in the many contexts beyond the traditional context of the state. (shrink)

John Searle, in several articles and books, has contended that institutions incorporating status functions with deontic powers are created by collective acceptance. I argue that collective acceptance can create new status functions with deontic powers only if other status functions with deontic powers already exist, so that collective acceptance can create new institutions only if other institutions are presupposed. So, the claim that institutions depend upon collective acceptance involves a vicious infinite regress. I provide an example to show how an (...) institution of slavery could be created by individual acceptances plus mutual belief about those acceptances. I consider whether an institution could be created by individual acceptances without mutual belief about those acceptances; but my conclusion is largely negative. I contend that the emergence of a new institution presupposes an existing institutional context and I explain how infinite regress can be avoided. (shrink)

John Searle, in several articles and books, has contended that institutions incorporating status functions with deontic powers are created by collective acceptance. I argue that collective acceptance can create new status functions with deontic powers only if other status functions with deontic powers already exist, so that collective acceptance can create new institutions only if other institutions are presupposed. So, the claim that institutions depend upon collective acceptance involves a vicious infinite regress. I provide an example to show how an (...) institution of slavery could be created by individual acceptances plus mutual belief about those acceptances. I consider whether an institution could be created by individual acceptances without mutual belief about those acceptances; but my conclusion is largely negative. I contend that the emergence of a new institution presupposes an existing institutional context and I explain how infinite regress can be avoided. (shrink)

Following Tuomela, I argue that institutions consist in institutional activities conducive to the realisation (or “satisfaction”) of institutional activity types. Since this realisation is carried out by institutional groups, our having an answer to 'what are institutional groups?' is a necessary step towards a better understanding of what institutions are and how we create them. In this chapter, I offer an answer to this question.

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

What kind of thing, as it were, is power and how does it fit into our understanding of the social world? I approach this question by exploring the pragmatic character of power ascriptions, arguing that they involve fictional expectations directed at an open future. When we take an agent to be powerful, we act as if that agent had a robust capacity to make a difference to the actions of others. While this pretense can never fully live up to a (...) social reality whose future is open, acting on such expectations helps constitute social order. Fictional expectations are thus built into the material practices that constitute power. This account, I argue, helps us make sense of some of the deep disagreements about the nature of power. I develop the account by drawing on Thomas Hobbes’s myth of an original institution of sovereign power before expanding it to other forms of power. (shrink)

One of the challenges related to the discursive practices of argumentative agents is to get to know if those interactions have an institutional effect. In this article, it is argued that in the new institutionalism, theoretical approaches and deterministic analysis are outlined to investigate argumentative practices that take place in processes of legitimation and recognition. Here a double socio-institutional and discursive or constructivist approach to the argumentation theory is defended, and it is argued that this perspective could be extended to (...) a research program aimed at interpreting argumentative processes in the public sphere that act as calculation mechanism and conformation of social capital. (shrink)

Credentials play an important role in all modern societies, but the analysis of their nature and function has thus far been neglected by social philosophers. We present a view according to which the function of credentials is certify the identity and the institutional status (including the rights) of individuals. More importantly, credentials enable rights-holders to exercise their rights, so that for a particular right to be exercisable the right-holder should possess, carry and sometimes show to an authority (or QR code (...) scanner) a document of a specific kind. Driving licenses, identity cards, passports, boarding passes, library passes, credit cards, ATM cards, health insurance cards are all examples of credentials in this sense. Credentials have in every case a bearer, and the bearer should be able to carry them easily on his or her person. Credentials should also be inspectable – not least because credentials can be forged. The authors analyse several historical and contemporary examples of credentials, focusing on the credentials carried by the pilgrims of the Way of Saint James. (shrink)

Organisations are computing systems. The university’s sports centre is a computing system for managing sports teams and facilities. The tenure committee is a computing system for assigning tenure status. Despite an increasing number of publications in group ontology, the computational nature of organisations has not been recognised. The present paper is the first in this debate to propose a theory of organisations as groups structured for computing. I begin by describing the current situation in group ontology and by spelling out (...) the thesis in more detail. I then present the example of a sports centre to illustrate why one might intuitively think of organisations as computing systems. To substantiate the thesis, I introduce Piccinini’s restrictive analysis of physical computation. As I show, organisations meet all criteria for being computing systems. Organisations are structured groups with the function of manipulating medium-independent vehicles according to rules. Furthermore, I argue for the modal claim that this is a necessary feature of organisations. Having sketched the computational account of organisations, I compare it to other proposals in the literature. (shrink)

The symposium on Francesco Guala’s Understanding Institutions was thought provoking. Five critical papers took issue with Guala’s reconciliation of the game-theoretical view of institutions and the rule-governed view. We offer some critical commentary that adopts a different perspective. We agree that institutions are central to social life and, thus, also to the social sciences; they are also prior to and more fundamental than individuals. We add some historical points on the ways previous philosophers thought about institutions, and we come at (...) this from a philosophical viewpoint that is not that of analytic philosophy but rather that of Popper’s critical rationalism. In that framework, we espouse an idea of the relation between philosophy and the philosophy of science that is different from that of Guala and his commentators, and we recommend a reformist philosophy of institutions that is neither radical nor traditionalist and that makes better sense of the institution of the scholarly symposium than do... (shrink)

The first issue raised in the paper is difference between social and institutional facts; both exist only because we believe they are real. Second is the claim that belonging to collectives is always a social fact, not necessarily as a result of any decision-making process; it might also become institutional through actual, sometimes only implicit, acceptance of some constitutive rules. Third, accepting constitutive rules functions by setting an irreversible point in time after which the scope of available justificatory reasons for (...) deciding and doing narrows. The implication is that reality of collectives cannot be reduced to individuals. Individuals often participate in this reality by belonging. Belonging thus becomes a social and sometimes also an institutional fact. (shrink)

Analytic social ontology has been dominated by approaches where institutions tend to come out paradigmatically as being relatively harmonious and mutually beneficial. This can however raise worries about such models potentially playing an ideological role in conceptualizing certain politically charged features of our societies as marginal phenomena or not even being institutional matters at all. This article seeks to develop a nonideal theory of institutions, which neither assumes that institutions are beneficial or oppressive, and where ideology is understood as a (...) structuring and stabilizing phenomenon that helps maintain specific distributions of rights and duties by conferring perceived legitimacy onto them. (shrink)

A central dispute in social ontology concerns the existence of group minds and actions. I argue that some authors in this dispute rely on rival views of existence without sufficiently acknowledging this divergence. I proceed in three steps in arguing for this claim. First, I define the phenomenon as an implicit higher-order disagreement by drawing on an analysis of verbal disputes. Second, I distinguish two theories of existence—the theory-commitments view and the truthmaker view—in both their eliminativist and their constructivist variants. (...) Third, I examine individual contributions to the dispute about the existence of group minds and actions to argue that these contributions have an implicit higher-order disagreement. This paper serves two purposes. First, it is a study to apply recent advances in meta-ontology. Second, it contributes to the debate on social ontology by illustrating how meta-ontology matters for social ontology. (shrink)

Institutions are norm-governed social practices, or so I propose. But what does it mean for a norm to govern a social practice? Theories that analyze institutions as equilibria equate norms with sanctions and model them as costs. The idea is that the sanctions change preferences and thereby behavior. This view fails to capture the fact that people are often motivated by social norms as such, when they regard them as legitimate. I argue that, in order for a social norm to (...) be perceived as legitimate, agents have to acknowledge reasons for conforming to it other than the sanctions they might incur for violating it. In light of this, I defend a theory of institutions that does not only invoke equilibria, but also normative rules that are supported by normative expectations and, in some cases, normative beliefs. (shrink)

Institutions generate cooperative benefits that explain why they exist and persist. Therefore, their etiological function is to promote cooperation. The function of a particular institution, such as money or traffic regulations, is to solve one or more cooperation problems. We go on to argue that the teleological function of institutions is to secure values by means of norms. Values can also be used to redesign an institution and to promote social change. We argue, however, that an adequate theory of institutions (...) should not be ‘moralized’ in that they should not be defined in terms of the values they are supposed to promote. (shrink)

This article discusses John Searle’s status function account of human rights and Åsa Burman’s “A Critique of the Status Function Account of Human Rights.” While recognizing the validity of part of the critique, based on the distinction between types and tokens, the author argues that, nonetheless, one is not compelled to accept Burman’s conclusion, that “one must give up the status function account of human rights to explain how a human right can exist without collective recognition”. Specifically, the author accepts (...) Burman’s critique of Searle’s attempt to preserve the intuition that human rights have existed without collective recognition, but concludes offering three ways to understand human rights even in the absence of collective recognition, all of which preserve the status function account. (shrink)

This paper examines different mechanisms for adjudicating disagreement about distributive justice. It begins with a case where individuals have deeply conflicting convictions about distributive justice and must make a social choice regarding the distribution of goods. Four mechanisms of social choice are considered: social contract formation, Borda count vote, simple plurality vote, and minimax bargaining. I develop an agent-based model which examines which mechanisms lead to the greatest degree of satisfying justice-based preferences over the course iterated social choices. Agents are (...) ascribed two kinds of motivations: they wish to realize justice and to receive a greater package of goods. Each agent seeks to realize her ideal distribution, and the failure to do so leaves agents “disappointed,” resulting in their trading off the pursuit of gains in justice in favor of gains in self-interest. Mechanisms are assessed using the metric of how many agents remain interested in justice over the course of iterated adjudication. The mechanisms are also examined under some non-ideal conditions, such as the presence of power asymmetries or strategic behavior. Several significant results are addressed: social contract formation and simple plurality voting are robust under the conditions considered, bargaining is a highly ineffective means of adjudicating distributive disagreement, and lastly allowing for concessions in justice for gains in self-interest proves to be a crucial mechanism for ensuring the stability of resolutions. (shrink)

n this paper, I analyse Rahel Jaeggi’s socio-ontological account of forms of life. I show that her framework is a two-sided one, since it involves an understanding of forms of life both as inert bundles of practices and as having a normative structure. Here I argue that this approach is based on an a priori argument which assumes normativity as the condition of intelligibility of social criticism. I show that the intimate tension between these two sides is reflected in the (...) socio-ontological model of the constitution of social phenomena, which on the one side is understood in terms of habituation and materialization, and on the other side in terms of constitution through norms. The second side in the end prevails and leads to some sort of normative essentialism which involves a prescriptive meta-theoretical understanding of normativity combined with a socio-ontological model of constitutive rules. I then analyse two arguments that Jaeggi offers in support of her assumption that normative constitution is the deep structure of social practices. I name these the functional- teleological argument, and the crisis developmental argument, and argue that neither succeeds in proving that practices are not normatively underdetermined. (shrink)