A chapter reviewing recent experimental work on people's conceptions of ownership rights.

In Searle’s social ontology, collective intentionality is an essential component of all institutional facts. This is because the latter involve the assignment of functions, namely "status functions," on entities whose physical features do not guarantee their performance, therefore requiring our acceptance that it be performed. One counter-example to that claim can be found in Carl Menger’s individualistic account of the money system. Menger’s commitment to the self-interest assumption, however, prevents him from accounting for the deontic dimensions of institutional facts.

The conceptual framework that emerged in relation to Komsic’s theory of social pulsations is composed of notions we will deem convenient in the reception of this theory: the anomalous character of social causation, implicit normative inferentialism, projective semantics of social relations, projective sociology, projective social phenomenology, inferential explication of social relations, social inferentialism, and many others. This conceptual framework is part of a “partial doctrine” itself, or a counter-factual position within sociological theory that could legitimately be called projective sociology, or (...) connectionistic social theory, that is founded on a new projective semantics of social relations. If we are able interpret Komsic’s approach to social theory through the conceptual framework presented here, then the evidence of its sustainability lies in the constructability of this new conceptual framework, that is in the mapping of structures which the two sets of propositions, or claims, produce when and if brought into resonance. (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.

In proxy assertion an individual or group asserts something through a spokesperson. The chapter explains proxy assertion as resting on the assignment of a status role to a person (that of spokesperson) whose utterances acts in virtue of that role have the status function of signaling that the principal is committed in a way analogous to an individual asserting that in his own voice. The chapter briefly explains how status functions and status roles are grounded and then treats, in turn, (...) the case of a spokesperson for an individual and a group and the differences in the significance of what the spokesperson does in each case. Finally, it reviews complications introduced by spokesperson autonomy, where the spokesperson is given leave to represent her principal’s views or positions in her own words and to respond to questions on his behalf. (shrink)

The premise that every work belongs to an art-kind has recently inspired a kind-centred approach to theories of art. Kind-centred analyses posit that we should abandon the project of giving a general theory of art and focus instead on giving theories of the arts. The main difficulty, however, is to explain what makes a given kind an art-kind in the first place. Kind-centred theorists have passed this buck on to appreciative practices, but this move proves unsatisfactory. I argue that the (...) root of this dissatisfaction stems not from the act of kicking the can down the road, but from not kicking it far enough. The missing ingredient, I argue, is a notion of convention which does the work of marking the difference between art and non-art for a given physical medium. (shrink)

In this paper we show that an essential aspect of solving the problem of uncritical acceptance of expert opinions that is at the root of the ad verecundiam fallacy is the need to disentangle argument from expert opinion from another kind of appeal to authority. Formal and computational argumentation systems enable us to analyze the fault in which an error has occurred by virtue of a failure to meet one or more of the requirements of the argumentation scheme from argument (...) from expert opinion. We present a method for enhancing this capability by showing how arguments from expert opinion are related to, but different from, arguments from deontic authority. (shrink)

It can be hard to see where money fits in the world. Money seems both real and imaginary, since it has obvious causal powers, but is also, just as obviously, something humans have just made up. Recent philosophical accounts of money have declared it to be real, but for very different reasons. John Searle and Francesco Guala disagree over whether money is just whatever acts like money, or just whatever people believe to be money. In developing their accounts of institutions (...) as a part of social reality, each uses money as a paradigm institution, but they disagree on how institutions exist. Searle argues that the institution of money belongs to an ontological level separate from the physical world, held up by the collective intentions of a group, while Guala claims that money is a part of the ordinary physical world and is just whatever performs a “money-like function” in a group, regardless of what that group believes about it. Here, we argue that any purely functional account like Guala’s will be unable to capture the distinctive phenomenon of money, since monetary transactions are defined by the attitudes transactors hold toward them. Money will be obscured or misidentified if defined functionally. As we go on to show by examining recent work by Smit et al., belief in money does not require taking on all of Searle’s ontological commitments, but money and mental contents will stand or fall together. (shrink)

Understanding ownership rights is necessary for socially appropriate behavior. We provide evidence that preschoolers' and adults' judgments of ownership rights are related to their judgments of bodily rights. Four-year-olds and adults evaluated the acceptability of harmless actions targeting owned property and body parts. At both ages, evaluations did not vary for owned property or body parts. Instead, evaluations were influenced by two other manipulations—whether the target belonged to the agent or another person, and whether that other person approved of the (...) action. Moreover, these manipulations influenced judgments for owned objects and body parts in the same way: When the other person approved of the action, participants' judgments were positive regardless of who the target belonged to. In contrast, when that person disapproved, judgments depended on who the target belonged to. These findings show that young children grasp the importance of approval or consent for ownership rights and bodily rights, and likewise suggest that people's notions of ownership rights are related to their appreciation of bodily rights. (shrink)

In our earlier work, we argued, contra Searle, that institutional facts can be understood in terms of non-institutional facts about actions and incentives. Butchard and D’Amico claim that we have misinterpreted Searle, that our main argument against him has no merit and that our positive view cannot account for institutional facts created via joint action. We deny all three charges.

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)

Declarations like “this meeting is adjourned” make certain facts the case by representing them as being the case. Yet surprisingly little attention has been paid to the mechanism whereby the utterance of a declaration can bring about a new state of affairs. In this paper, we use the incentivization account of institutional facts to address this issue. We argue that declarations can serve to bring about new states of affairs as their utterance have game theoretical import, typically in virtue of (...) the utterer signaling a commitment to act in an incentive-changing way. (shrink)

Contemporary discussion concerning institutions focus on, and mostly accept, the Searlean view that institutional objects, i.e. money, borders and the like, exist in virtue of the fact that we collectively represent them as existing. A dissenting note has been sounded by Smit et al. (Econ Philos 27:1–22, 2011), who proposed the incentivized action view of institutional objects. On the incentivized action view, understanding a specific institution is a matter of understanding the specific actions that are associated with the institution and (...) how we are incentivized to perform these actions. In this paper we develop the incentivized action view by extending it to institutions like property, promises and complex financial organisations like companies. We also highlight exactly how the incentivized action view differs from the Searlean view, discuss the method appropriate to such study and discuss some of the virtues of the incentivized action view. (shrink)

How could one person justifiably create reasons for another? This article reissues this familiar ‘standing’ objection to authority, to demonstrate the structural contribution of recognition to both the idea of authority and its justification. Drawing upon theories of recognition of reasons and persons, it argues that authority must be robustly recognised, not merely identified, by both its subjects and its claimants. Such recognition operates in either roles or relations of authority to make a subject’s relevant reasons for action an authority’s (...) business. By transmitting reasons between persons on both sides of roles or relations, recognition does the connective work that is necessary to distinguish the idea of authority from other concepts of control, while structuring its justification to require both standing between persons and standards in accordance with reasons. Without the connection between persons and transmission of reasons that comes through robust recognition, one’s power over another is both claimed and received not as authority, but as coercion or persuasion; the claim itself entails meddling with (rather than serving) subjects. (shrink)

Abstract: Focusing on early child pretend play from the perspective of developmental psychology, this article puts forward and presents evidence for two claims. First, such play constitutes an area of remarkable individual intentionality of second-order intentionality (or 'theory of mind'): in pretence with others, young children grasp the basic intentional structure of pretending as a non-serious fictional form of action. Second, early social pretend play embodies shared or collective we-intentionality. Pretending with others is one of the ontogenetically primary instances of (...) truly cooperative actions. And it is a, perhaps the, primordial form of cooperative action with rudimentary rule-governed, institutional structure: in joint pretence games, children are aware that objects collectively get assigned fictional status, 'count as' something, and that this creates a normative space of warranted moves in the game. Developmentally, pretend play might even be a cradle for institutional phenomena more generally. (shrink)

How do human children come up to carve up and think of the world around them in its most general and abstract structure? And to which degree are these general forms of viewing the world shared by other animals, notably by non-human primates? In response to these questions of what could be called comparative metaphysics, this paper discusses new evidence from developmental and comparative research to argue for the following picture: human children and non-human primates share a basic framework of (...) natural ontology: they think about their natural surroundings in essentialist ways in terms of natural kind objects constituted by their essential properties, and in generic terms as governed by general descriptive regularities. In contrast, there is a great divide when it comes to how human children and non-human primates carve up their social environment: only human children then go on to use their essentialist and generic thinking for developing a distinctively social ontology, to conceive of their surrounding in terms of socially constituted objects governed by general prescriptive norms. (shrink)

In the half decade following the 2007 financial crisis, the reform of global financial governance was driven by two separate policy debates: one on the substantive content of regulations, the other on the organizational architecture of their governance. The separation of the two debates among policymakers has been mirrored in academia, where postcrisis analyses of financial governance have remained detached from reinvigorated discussions about the nature of financial markets. We argue that this separation is deeply flawed. Presenting an analysis of (...) interactions between standards for banking, credit rating, accounting, and derivatives trading, this article demonstrates why the appropriateness of the organizational architecture of global financial governance is necessarily contingent upon one’s understanding of how financial markets work. In particular, if financial markets are not anchored to external “economic fundamentals” but instead exhibit reflexivity, then the reciprocal interactions between different regulatory arenas demand considerably more organizational coordination than presently exists. (shrink)

This article develops an institutional understanding of borders. Drawing on constitutive constructivism and theories of practical communication we argue that bordering as a process is a form of sorting through the imposition of status-functions on people and things, which alters the perception of that thing by setting it within a web of normative claims, teleologies and assumptions. Studying any border, therefore, extends to include the rule structure that constitutes it as well as the sources of that structure’s legitimacy. Furthermore, rule (...) structures are both restrictive and facilitative and importantly they overlap while retaining different sources of legitimacy: actors bring different constitutive perspectives on the border depending on the particular rule structure they are drawing on in order to make legitimate claims about what that border produces. This recognition sensitizes analysis to the interplay between different sense-making regimes and their authoritative underpinnings. Methodologically it points researchers towards the practical and discursive methods actors use when making arguments about what a particular border can and does do. (shrink)

The suggestions outlined here include the following. Money is a bundle of institutionally sustained causal powers. Money is an institutional universal instantiated in generic currencies and particular money tokens. John Searle’s account of institutional facts is not helpful for understanding the nature of money as an institution (while it may help to illuminate aspects of the nature of currencies and money particulars). The money universal is not a social convention in David Lewis’s sense (while currencies and money particulars are characterized (...) by high degrees of conventionality). The existence of the money universal is dependent on a larger institutional structure and cannot be understood in terms of collective belief or acceptance or agreement separately focusing on money. These claims have important implications for realism about money. (shrink)

ABSTRACTThe aim of this article is to sketch a phenomenological theory of political institutions and to apply it to some objections and questions raised by Pierre Manent about the project of the European Union and more specifically the question of “European Construction”, i.e. what is the aim of the European Project. Such a theory of political institutions is nested within a broader phenomenological account of institutions, dimensions of which I have tried to elaborate elsewhere. As a working conceptual delineation, we (...) can describe institutions as stable meaning structures. As such, the definition encompasses phenomena like the European Commission, Belgium, marriage, the Dollar, the Labour Party, but also political subjects themselves. In order to develop said theory of institutions, I will draw primarily upon resources in the work of Maurice Merleau-Ponty and John Searle. (shrink)

This article discusses the integrative function frequently assigned to festive events by scholars. This function can be summed up in a proposition: experiencing similar emotions during collective gatherings is a powerful element of socialization. The article rejects this oft-developed idea according to which popular fervor could be an efficient tool to measure civic engagement. It raises the following question: what makes enthusiasm “civic”, “patriotic”, “republican” or simply “political”? Based on a study of French presidential tours in France from 1888 to (...) 2007, this article casts a different light on the topic. The enthusiasm of the crowds interacting with the successive French presidents is not civic because an inquiry may find “patriotism” into participants’ minds. It can be called civic simply because the forms and meaning of the festive jubilation, which may be summarized into the formula: “if spectators applaud, it means they support,” necessarily preexist its multiple manifestations. (shrink)

Feminist theory continues to struggle with the recurrence of the twin-problem of agency and domination: how can gender be conceptualized as a structure of domination that constitutes and restricts agency, without obscuring the possibilities for change and transformation through agency? To address this problem, I draw on the concept of agency developed by Margaret Archer. By elaborating on her notion of the structural shaping of the situation and combining it with elements of Thomas Wartenberg's work, in this article I outline (...) a concept of domination from a broadly critical realist perspective. I thus demonstrate how gender can be understood as a social structure that is constitutive of relations of domination. This framework draws attention to the limitations of ‘undoing’ gender on an interactionist micro level as well as to the concrete possibilities for agency due to situational contradictions and emergent subjective powers. (shrink)

This paper gives an account of proxy agency in the context of collective action. It takes the case of a group announcing something by way of a spokesperson as an illustration. In proxy agency, it seems that one person or subgroup's doing something counts as or constitutes or is recognized as (tantamount to) another person or group's doing something. Proxy agency is pervasive in institutional action. It has been taken to be a straightforward counterexample to an appealing deflationary view of (...) collective action as a matter of all members of a group making a contribution to bringing about some event. I show that this is a mistake. I give a deflationary account of constitutive rules in terms of essentially collective action types. I then give an account of one form of constitutive agency in terms of constitutive rules. I next give an account of status functions—of which being a spokesperson is one—that also draws on the concept of a constitutive rule. I then show how these materials help us to see how proxy agency is an expression of the agency of all members of the group credited with doing something when the proxy acts. (shrink)

Thorstein Veblen once considered his work on instincts to be his only important contribution to economic theory. Instincts are the conditions and causes behind the formation of habits of thought, while the latter are the sine qua non elements of institutions. The article poses the question: If Veblenʼs relation instincts-habits of thought-institutions were to be thought of as a formal system, what role would they conceptually occupy? It interprets habits of thought as pure ideas in a Platonist fashion (eidos)—multiplicities thought (...) as Ideas—conceived by Georg Cantorʼs theory of manifolds and philosophically assessed by Alain Badiou positing that “mathematics is ontology.” The article aims: (1) to show how habits of thought, as institutions, abstracted from all content can be thought of as set-theoretic multiplicities; (2) to relate Veblenʼs prime instinct, the instinct of workmanship, in equivalence with set theory’s axiom of the empty set—pointing towards Veblenʼs materialist orientation. (shrink)

Journal of Philosophy of Education, Volume 56, Issue 2, Page 305-317, April 2022.

In this paper, we outline a new method for evaluating the human impact of machine-learning applications. In partnership with Underwriters Laboratories Inc., we have developed a framework to evaluate the impacts of a particular use of machine learning that is based on the goals and values of the domain in which that application is deployed. By examining the use of artificial intelligence in particular domains, such as journalism, criminal justice, or law, we can develop more nuanced and practically relevant understandings (...) of key ethical guidelines for artificial intelligence. By decoupling the extraction of the facts of the matter from the evaluation of the impact of the resulting systems, we create a framework for the process of assessing impact that has two distinctly different phases. (shrink)

This essay examines some of the institutional arrangements that underlie corruption in democracy. It begins with a discussion of institutions as such, elaborating and extending some of John Searle’s remarks on the topic. It then turns to an examination of specifically democratic institutions; it draws here on Joshua Cohen’s recent Rousseau: A Free Community of Equals. One of the central concerns of Cohen’s Rousseau is how to arrange civic institutions so that they are able to perform their public functions without (...) being easily abused by their members for individual gain. The view that Cohen sketches on behalf of Rousseau offers a clear framework for articulating institutional corruption in democracy. With this account of democratic institutions in place, the essay turns the discussion to the role of transparency in deterring institutional corruption. The basic thought here is perhaps unsurprising: to ensure that a democratic institution is serving its public function and not being manipulated for self-interested gain, its activities must be subject to public scrutiny, and so these activities must be transparent to the public. Saying this makes the role of transparency in a well-functioning democracy clear, but it does not settle how transparency is to be realized. The essay argues that transparency can be realized in a democracy only by an extra-governmental institution that has several of the familiar features of the press. If this is correct, it follows that in its design and in many, though not all, of its activities, WikiLeaks provides a contemporary example of such an institution. (shrink)

While separate pieces of research found parents offer toddlers cues to express that they are joking and pretending, and that toddlers and preschoolers understand intentions to joke and pretend, it is not yet clear whether parents and toddlers consider joking and pretending to be distinct concepts. This is important as distinguishing these two forms of non-literal acts could open a gateway to understanding the complexities of the non-literal world, as well as the complexities of intentions in general. Two studies found (...) parents offer explicit cues to help 16- to 24-month-olds distinguish pretending and joking. Across an action play study and a verbal play study parents showed more disbelief and less belief through their actions and language when joking versus pretending. Similarly, toddlers showed less belief through their actions, and older toddlers showed less belief through their language. Toddlers' disbelief could be accounted for by their response to parents' language and actions. Thus, these studies reveal a mechanism by which toddlers learn to distinguish joking and pretending. Parents offer explicit cues to distinguish these intentions, and toddlers use these cues to guide their own behaviors, which in turn allows toddlers to distinguish these intentional contexts. (shrink)

It is a commonplace within philosophy that the ontology of institutions can be captured in terms of constitutive rules. What exactly such rules are, however, is not well understood. They are usually contrasted to regulative rules: constitutive rules (such as the rules of chess) make institutional actions possible, whereas regulative rules (such as the rules of etiquette) pertain to actions that can be performed independently of such rules. Some, however, maintain that the distinction between regulative and constitutive rules is merely (...) a linguistic one. In this paper I present the status account of constitutive rules in order to address this criticism. According to the status account constitutive rules pertain to institutional statuses and statuses are to be understood in terms of status rules. Status rules concern the enabling and constraining roles of institutions, and constitutive rules specify the preconditions that have to be met in order for them to play these roles. Even though I end up endorsing the claim that the distinction mentioned is a linguistic one, I go on to argue that there is an underlying reality that constitutive rules serve to make apparent. (shrink)

Famously Ryle imagined a visitor who has seen the colleges, departments, and libraries of a university but still wonders where the university is. The visitor fails to realize that the university consists of these organizational units. In this paper I ask what exactly the relation is between institutional entities such as universities and the entities they are composed of. I argue that the relation is constitution, and that it can be illuminated in terms of constitutive rules. The understanding of the (...) ontology of institutions that constitutive rules provide, however, is incomplete. In order to capture the practical significance of institutions, I introduce the notion of a status rule. Status rules concern the normative powers of institutions. The status account of institutions defended here is used to solve the problem of freestanding status terms: it turns out to be rather difficult to identify the entities of which statuses such as corporations and electronic money are composed. Unable to solve this problem, Searle concludes that they are created out of thin air. I criticize this claim and argue that these statuses are imposed on persons. (shrink)

ABSTRACTOscar Larsson’s sympathetic critique of constructivist institutionalism calls for a clarification of my understanding of subjectivity, inter-subjectivity, and their mutual interdependence. That interdependence lies at the heart of any genuinely constructivist approach, just as the interdependence of structure and agency lies at the heart of any genuinely institutionalist approach. As such, I reject the charge of subjectivism just as I would that of voluntarism. Building on the social ontology of Berger and Luckmann, we can distinguish between subjectivity and intra-subjectivity and (...) proceed to show how the latter implies a notion of inter-subjectivity. An example of the social construction of a political crisis shows that social facts are made and remade through a fusion of inter- and intra-subjectivities. (shrink)

Can institutional objects be identified with physical objects that have been ascribed status functions, as advocated by John Searle in The Construction of Social Reality (1995)? The paper argues that the prospects of this identification hinge on how objects persist – i.e., whether they endure, perdure or exdure through time. This important connection between reductive identification and mode of persistence has been largely ignored in the literature on social ontology thus far.

Contemporary discussion about the ontology of society identifies two groups of perspectives. One of them, associated with Searle, includes rules in the inventory of elements that constitute social reality. The other one, associated with Smit, Buekens, and du Plessis, claims that rules can be reduced to more fundamental units. Despite the fact that both perspectives seem equally efficient in describing institutional phenomena, we identify both flaws in the viewpoint that dismisses rules and reasons to prefer the alternative position.

Current debates in social ontology are dominated by approaches that view institutions either as rules or as equilibria of strategic games. We argue that these two approaches can be unified within an encompassing theory based on the notion of correlated equilibrium. We show that in a correlated equilibrium each player follows a regulative rule of the form ‘if X then do Y’. We then criticize Searle's claim that constitutive rules of the form ‘X counts as Y in C’ are fundamental (...) building blocks for institutions, showing that such rules can be derived from regulative rules by introducing new institutional terms. Institutional terms are introduced for economy of thought, but are not necessary for the creation of social reality. (shrink)

The subject of interest of this article is procedural acts considered as double-conventionalized acts. It is assumed in this article that in the case of procedural acts, one can distinguish two levels of conventionalization: the level of a speech act and the level of a procedural act. Both above-mentioned levels affect each other in various ways, what is discussed in the article. As assumed in the article, the analysis of acts characterized by this particular trait and with due account of (...) this trait allows one to observe phenomena that can be hard or even impossible to notice in the process of analyzing acts that are deprived of this trait. Furthermore, it seems that the description of this type of acts may particularly enrich the current discussion on some properties of speech acts held on the grounds of philosophy of language or pragmalinguistics. The research material used in this article as an illustration consists of actual utterances of participants of Polish court proceedings used by them at a hearing. (shrink)

The private lives of elite athletes are frequently subject to the curiosity, scrutiny, and judgment of the general public. While this interest in life ‘off the field’ is not unique to athletes, this paper argues that our focus on athletes’ lives results, in part, from the fact that athletic achievement is deeply tied to the person. I will argue that athletic performance is distinct because it is both embodied and does not issue in an artifact. These features inextricably tie athletic (...) achievements to the persons whose achievements they are, making an appreciation of athletic achievement an appreciation of the athlete qua person and not merely qua athlete. Thus, in emulating athletes, we not only want to ‘play’ like them, we want to ‘be’ like them. While this helps to explain why the public is so concerned with features of elite athletes’ lives that have little bearing on athletic performance, it may also generate a responsibility on the part of athletes to live up to a basic standard of decency in all aspects of their lives and a correlative obligation on the part of fans to recognize and respect athletes as persons. (shrink)

This paper clarifies the terms “institutions” and “social structures” and related terms “rules”, “conventions”, “norms”, “values” and “customs”. Part one explores the similarities between institutions and social structures whilst the second and third parts explore differences. Part two considers institutions, rules, habits or habitus and habituation, whilst part three critically reflects on three common conceptions of social structures. The conclusion comments upon reflexive deliberation via the internal conversation.

Originally identified by Hume, the validity of is–ought inference is much debated in the meta-ethics literature. Our work shows that inference from is to ought typically proceeds from contextualised, value-laden causal utility conditional, bridging into a deontic conclusion. Such conditional statements tell us what actions are needed to achieve or avoid consequences that are good or bad. Psychological research has established that people generally reason fluently and easily with utility conditionals. Our own research also has shown that people’s reasoning from (...) is to ought is pragmatically sensitive and adapted to achieving the individual’s goals. But how do we acquire the necessary deontic rules? In this paper, we provide a rationale for this facility linked to Evans’s framework of dual mind rationality. People have an old mind which derives its rationality by repeating what has worked in the past, mostly by experiential learning. New mind rationality, in contrast, is evolutionarily recent, uniquely developed in humans, and draws on our ability to mentally simulate hypothetical events removed in time and place. We contend that the new mind achieves its goals by inducing and applying deontic rules and that a mechanism of deontic introduction evolved for this purpose. (shrink)

To prevent domains from cyber-piracy, the WIPO offers private and confidential procedures tasked to address the legitimate use of a domain name. WIPO domain name arbitration consists of an alternative dispute resolution process in which one or more panelists make a binding decision over the legitimacy of a domain. This article investigates the structure of the discourse of this professional genre. Following Maley, this study focuses, first, on spotting the generic moves of WIPO domain name arbitration decisions. Second, the analysis (...) unveils patterns shaping WIPO domain name arbitration decisions, hence exploring how discursive features work within this specialized discourse. Third, it examines whether corpus data reveal that this type of professional discourse has entered into a process of standardization. The study is based on Bhatia’s multi-perspective four-space model of discourse. This analytical framework emphasizes a multidisciplinary and multidimensional perspective which highlights that discourse is indistinguishable from constructing reality. (shrink)

It is often claimed that medical professionals are subject to conflicting duties in their role morality. Some hold that the overridden duty taints the professional and generates a patient claim to a form of moral compensation. This paper challenges such a ‘compensation view’ of conflict and argues that it misleadingly makes the role morality into a personal contract between professional and patient. Two competing views are therefore considered. The ‘unity view’ argues that there are no real conflicts between professional duties. (...) Hence, there can be no residual duties that are impossible to discharge and no special claim on the part of the patient. It is argued that this fails because the institutional nature of the role morality requires us to accept possibility of conflict. The paper articulates and defends a third view, where conflict triggers a professional duty of restitution. This duty is not a matter of making amends for a previous wrong, but rather a matter of rebuilding a trusting relationship that has been damaged due to blameless circumstances. (shrink)

Bridging two traditions of social ontology, this paper examines the possibility that the concept of collective intentionality can help to explain the mechanisms underpinning the causal powers of some social entities. In particular, I argue that a minimal form of collective intentionality is part of the mechanism underpinning the causal power of norm circles: the social entities causally responsible for social norms. There are, however, many different forms of social entity with causal power, and the relationship of collective intentionality to (...) these causal powers varies, depending on the form of the mechanism underpinning the power concerned. Some powers depend on collective intentionality, and others do not. (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 paper defends the idea that strong reciprocity, although it accounts for the existence of deep cooperation among humans, has difficulty explaining why humans lived for most of their history in band-size groups and why the emergence of larger societies was accompanied by increased social differentiation and political centralization. The paper argues that the costs of incurring an altruistic punishment rise in large groups and that the emergence of large-scale societies depends on the creation of institutions that render control of (...) these costs possible through a social division of sanction. Key Words: cooperation • strong reciprocity • cultural evolution • political evolution. (shrink)

That certain paper bills have monetary value, that Vladimir Putin is the president of Russia, and that Prince Philip is the husband of Queen Elizabeth II: such facts are commonly called ‘institutional facts’. IFF are, by definition, facts that exist by virtue of collective recognition. The standard view or tacit belief is that such facts really exist. In this paper we argue, however, that they really do not—they really are just well-established illusions. We confront realism about IFF with six criteria (...) of existence, three established and three less so but highly intuitive. We argue that they all tell against the existence of IFF. An obvious objection to IFF non-realism is that since people’s behaviour clearly reflects the existence of IFF, denying their existence leaves an explanatory gap. We reject this argument by introducing a variant of the so-called ‘Thomas Theorem,’ which says that when people collectively recognize a fact as existing, they largely behave accordingly, regardless of whether that fact really exists or not. (shrink)