. In his work on language John Searle favors an Austinian approach that emphasizes the speech act as the basic unit of meaning and communication, and which sees speaking a language as engaging in a rule-governed form of behavior. He couples this with a strident opposition to cognitivist approaches that posit unconscious rule following as the causal basis of linguistic competence. In place of unconscious rule following Searle posits what he calls the Background, comprised of nonintentional (nonrepresentational) mental phenomena. I (...) argue that these two aspects of his philosophy of language cannot be reconciled. In order to preserve his view of language as a rule-governed activity, he must embrace the cognitivist idea of unconscious rule following. Finally, I try to show how such an accommodation would be far less traumatic to Searle’s philosophical system than it might otherwise seem. (shrink)

The most influential theory of law in current analytic legal philosophy is legal positivism, which generally understands law to be a kind of institution. The most influential theory of institutions in current analytic social philosophy is that of John Searle. One would hope that the two theories are compatible, and in many ways they certainly are. But one incompatibility that still needs ironing out involves the relation of the social rule that undergirds the validity of any legal system (H.L.A. Hart's (...) rule of recognition) to Searle's notion of codification: the idea that institutions need official declarations of their constitutive rules in order to enjoy the full benefits of institutions. The incompatibility arises from the fact that, in order to do its institutional work, the basic validity rule must be codified in Searle's sense—yet, given the particular role it has in legal positivism, it may be impossible to codify in the Searlean sense. In this paper I develop the incompatibility in detail, consider and reject consigning the basic validity rule to Searle's “Background” capacities that support institutional facts, and conclude that the best route to eliminating it while doing a minimum of damage to the two theories is to make a slight emendation to Searle's theory of institutions. (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)

John Searle’s Speech Act Theory enumerates necessary and sufficient conditions for a non-defective act of promising in producing sincere promises. This paper seeks to demonstrate the conjunctive insufficiency of the foregoing conditions due to the inadequacy of the sincerity condition to guarantee predicated acts being fulfillable. Being the definitive condition which contains the psychological state distinct in promises as illocutionary acts, that is the expression of intention (S intends to A), I purport that not all sincere promises are non-defective. To (...) motivate this, I shall explicate Searle’s conception of full blown explicit promises as his basic qualification for the application of the above conditions, and set the line as to how explicit is ‘explicit’? As a response to this insufficiency, I shall propose a condition, as part and parcel of the Propositional Content Clause, that makes up Searle’s felicity conditions for promises, which requires explicitness of the form: “A is fulfillable if A is explicit in form”. A is explicit if and only if 1) A is literal in form, where A can have either 1 basic or multiple meanings, and 2) The meaning of A, whether basic or multiple, with respect to its context is directly stated in the sentence uttered. I call this the Discharge Condition. (shrink)