In Speech Acts, John Searle argues that institutional facts presuppose, for their existence, the existence of certain institutions (understood as systems of constitutive rules). In this paper I extend Searle’s theory of institutional facts arguing that a further level is needed for the investigation of the structure of institutional reality: the level of meta-institutional concepts. The meta-institutional concepts are concepts that go beyond (Greek: metá) the institutions of which they are (...) conditions of possibility. An example of meta-institutional concept is the concept of game. In a culture which does not have the concept of game, we could move the chess-men according to the rules of chess, we could also perform a castling, but it would be impossible to play chess. (shrink)

One of the common domains in health care in which the concept of vulnerability is used is end-of-life care, including euthanasia and assisted suicide (EAS). Since different uses and implications of the notion have been recognised in the literature on EAS, this paper aims to analyse them and reflect on who is the most vulnerable in the context of EAS. A prior exploratory review of the literature has served as a starting point for the discussion. We concluded that vulnerability is (...) a complex, multi-perspective and multi-layered concept, which implies the vulnerability of different stakeholders involved in EAS practices and vulnerability in different aspects of being human (i.e., physical, mental, moral, social and spiritual). A comprehensive understanding of the notion of vulnerability, which balances as well as complements the concept of autonomy, seems to be an indispensable element of the discourse on EAS. (shrink)

If the important role of written translation in the construction and contestation of knowledge and narratives remains largely under-explored, then the part played by interpreting and interpreters is even less examined in knowledge construction and story-telling. At a time when Beijing increasingly seeks to bolster its discursive power and have the Chinese story properly told, the interpreter-mediated and televised Premier-Meets-the-Press conferences constitute a typical discursive event andregime of truthin articulating China’s officially sanctioned “voice.” Discursive in nature, the institutionalised event permits (...) Beijing to construct a desired version of truth, fact and narrative in front of the more vociferous and dominant West. As an attempt to employ digital humanities (DH) methods to real-world language use, this corpus-based CDA study explores the press conference interpreters’ agency and mediation in rendering key concepts and discourses (e.g., ECONOMY and REFORM) constitutive of the broader Reform and Opening-up meta-narrative, which legitimises China’s political and economic systems, developments, policies and positions in the post-1978 era. The interpreters are found to maintain and often further reinforce Beijing’s discourse in English at various levels. Apart from indicating issues of institutional alignment, this study points to interpreters’ agency in communicating beyond national borders, (re)constructing political and institutional knowledge, counterbalancing the naturalised and taken-for-granted Western narratives, and contributing to the shifting East-West power differentials discursively. This study highlights the significance of interpreters as indispensable (re)tellers of the Chinese story in an increasingly mediat(is)ed world, where the interpreted discourse is routinely quotedverbatimon various platforms and taken for granted as the correct version of Beijing’s official “voice.”. (shrink)

Résumé : Les domaines de la philosophie et de la théorie politique ont connu un certain nombre de changements au cours des quarante dernières années. L'un attire notre attention tout particulièrement ; le basculement d'un point de vue national, cristallisé par le contrat social rawlsien, vers un point de vue non-national. En effet, plusieurs penseurs abordent un ensemble de phénomènes considérés comme nouveaux, tels que les traités de libre commerce et l'économie globale, les entreprises et les institutions supra et transnationales, (...) l'immigration et les contrôles frontaliers etc. Ces changements sont intéressants puisqu'ils obéissent, principalement, à une évolution majeure du terrain politique et social que l'on appelle mondialisation. Les théoriciens travaillant dans le domaine de la justice globale semblent s'adresser à deux questions différentes mais reliées. La première concerne la justice globale : dans quelle mesure et pourquoi l'ordre mondial est-il juste ou injuste ? Qu'est-ce qu'un ordre global juste ? La deuxième est dans un sens corollaire à la première, et concerne la responsabilité : qui devrait être blâmé ou digne d'éloge pour l'ordre mondial ? Est-ce que les citoyens sont responsables de l'ordre mondial ? Qui devrait redresser ses éventuelles conséquences injustes ? Face à l'économie mondialisée et aux institutions politiques et économiques internationales et trans-nationales, cette interrogation devient légitime et nécessaire : suis-je responsable à l'égard des travailleurs des sweat shop lorsque j'achète des habits à Auchan ou bien à l'égard des caféiculteurs très mal payés lorsque je prends un capuccino dans un café Starbucks ? Est-ce que les citoyens sont responsables des traités de libre commerce que leurs gouvernements signent ? Ces questions sur la responsabilité des individus dans le contexte de la mondialisation seront l'enjeu de ce travail de recherche. Nous interrogerons plus exactement la responsabilité d'un agent lorsqu'il fait partie d'un chaîne causale complexe, lorsqu'il participe d'une injustice structurelle. Ainsi, il ne s'agit pas seulement d'une chaîne causale, mais de connexions qui sont l'issue d'un changement des modes de productions, de consommation et de la concurrence dans un marché mondialisé. Plus important encore, il ne s'agit pas simplement de la responsabilité individuelle mais plutôt de la responsabilité individuelle en tant que citoyen, et donc d'une responsabilité politique. Elle peut certes être individuelle, mais nous devons tenir compte du fait qu'elle doit être pensée en tant que responsabilité politique, et pas uniquement morale, puisque l'individu et ses actions sont déterminés par des communautés politiques dans lesquelles il participe, ou dans lesquelles il est représenté. Ainsi, la mondialisation nous invite à repenser la responsabilité individuelle pour pouvoir rendre compte des intuitions morales et politiques qui guident une bonne partie du champ de la justice globale. Pour cela, nous verrons dans un premier temps la manière dont les théories de la justice globale essaient de répondre à ce défit. Grâce à cela nous dégagerons l'hypothèse qui nous guidera, l'idée que dans la mondialisation, un agent peut être responsable, avec d'autres, des raisons pour lesquelles il n'est pas considéré comme responsable. C'est-à-dire qu'il sera méta-responsable. Dans un second temps, nous essaierons de déterminer un model de responsabilité individuelle, et de comprendre comment la responsabilité est attribuée. Ensuite, nous essaierons de formuler une manière de concevoir la responsabilité politique. Grâce à ces deux éléments, la responsabilité individuelle et la responsabilité politique, nous pourrons parvenir à formuler une conception de la méta-responsabilité comme forme de penser l'agentivité traversée par la mondialisation. (shrink)

There is at least one immediate sense in which legal discourse is perspectival: it qualifies acts and facts in the world on the basis of rules. Legal concepts are for the most part constituted by rules, both in the sense that rules define these concepts’ semantic content and that, in order to engage with legal practice, we must act according to those rules, not necessarily complying with them but at least having them in mind. This is the distinctive (...) perspective of law: however, it would be misleading to think that this is the only perspective we can have in legal discourse. That of rule-constituted legal concepts is the fundamental perspective -- the inevitable presupposition of most legal assertions -- but other perspectives are possible on top of this fundamental background: perspectives on law, stemming from the basic perspective of law. -/- In this paper, I will try to argue that some different perspectives regarding law can be accounted for by analyzing different kinds of concepts that emerge in connection with legal institutions. My argument will consist of three steps as follows. First, I will explain how legal concepts are constituted by rules, referring in this regard to John Searle’s analysis of institutional concepts as it emerges in his Making the Social World, of 2010, and amending this analysis according to some criticisms that in 1986 Neil MacCormick had raised against Searle with specific reference to the legal domain. -/- Second, I will show that there are some kinds of concepts relevant for an institution which are not captured by Searle’s analysis in terms of constitutive rules, even if this is amended according to MacCormick’s criticisms. This I will do by considering the game of chess as a simple system of rule-constituted concepts (concepts such as 'checkmate,' 'bishop,' 'king'). I will consider four examples of perfectly legitimate assertions regarding a match of chess -- these being (1) ‘I won’; (2) 'you made a good attack'; (3) 'you are cheating'; (4) 'you made good use of the first-move advantage,' and I will show that, while the first three assertions can be analyzed in terms of concepts (those of 'victory,' 'attack,' and 'cheating') which are not constituted by the rules of chess but are rather common to several different competitive games, being typical of the broader practice of competitive game-playing of which chess is an instance, the fourth assertion includes a concept (that of 'first-move advantage') which is peculiar to chess, just like a rule-constituted element, but is not constituted by the rules of chess. This analysis will lead to a new categorization of institutional concepts. Apart from rule-constituted institutional concepts, which are the only ones recognized by Searle, in order to account for cases (1), (2), and (3) I will distinguish between three kinds of meta-institutional concepts, namely, goal-oriented, mode-oriented, and value-oriented meta-institutional concepts, and then I will introduce the category of para-institutional concepts to account for case (4). -/- Finally -- and this is the third step of my argument -- I will explain how these different kinds of institutional concepts appear when we adopt different perspectives on the institutional frameworks we deal with. This will lead us to a categorization of possible perspectives regarding law that corresponds to the previous one regarding concepts. There is first a structural perspective regarding the instantiation of institutional elements which clearly involves rule-constituted institutional concepts -- as when we say 'I am making a will.' There is then a teleological perspective regarding the goal of our institutional acts which calls into question goal-oriented meta-institutional concepts -- as when we say 'I wrote that will in order for you to have a distinctive right to my property.' Then, we can adopt a strategical perspective regarding some peculiar ways in which institutional acts can be performed, and this has often to do with mode-oriented meta-institutional concepts -- as when we say 'the Labour Party is making parliamentary obstructionism so that the Government will fall before the enactment of the labour reform,' or 'workers start today a work-to-rule action.' Clearly, we can also adopt an evaluative perspective over institutional facts or acts, and here typically value oriented meta-institutional concepts emerge -- as when we say 'that rule is clearly unjust' or 'that contract is unfair.' Finally, we can limit ourselves to a descriptive perspective on phenomena which are peculiar to a given institutional setting, and here para-institutional concepts are often useful -- as when we say 'the Italian electoral system before 1990 led to a sort of reform paralysis' or 'a strict use of the criterion requiring proof beyond any reasonable doubt can be expected to entail a low conviction rate.'. (shrink)

It deals with the question of what a moral judgment is. On the one hand, a satisfactory theory of moral judgments must take into account the descriptive character of moral judgments and the realistic language of morals. On the other hand, it must also meet the non-descriptive character of moral judgments that consists in the recommending or condemning element and in the fact that normative statements are derived from moral judgments. However, cognitivism and emotivism or “normativism” are contradictory theories: If (...) moral judgments are descriptive, it is not possible to deduce norms from them. But if one can deduce norms from moral judgments, they are not descriptive. As a solution to this problem, the paper suggests that moral judgments represent institutional facts; the corresponding theory is moral institutionalism. A moral institutional fact – “an act X is Y”, Y means “morally right” or “morally false” – is a hybrid of descriptive and prescriptive elements: It is stating a fact in descriptive language (“is”) and at the same time, it is short for the prescriptive constitutive rule “X is Y according to the moral rules of the language community C”. Institutional facts contain normative presuppositions without letting them appear in their grammatical form. Institutional facts are now (in relation to the language community C) objective and intersubjective and they can be generalized (cognitive aspect), although they cannot be reduced to brute physical or psychological facts, and it is also possible to deduce norms from them because they are built into them. The meta-ethical concept of moral institutionalism, which is evolved further in the paper, preserves the best intentions of emotivism and cognitivism without leading to contradiction. As a by-product, the article shows exactly the still undetected error in J. R. Searle’s alleged counterexample against the so-called naturalistic fallacy from “is” to “ought”. This lies in the normative “are” of the analytic premise or definition in “2a. All promises are [that is ought to be] acts of placing oneself under (undertaking) an obligation to do the thing promised”. (shrink)

She has always existed and is more than a citizen of multiverses,‭ ‬most likely the ground of all.‭ ‬In the West she was introduced around C.570‭ ‬and since then many individuals have searched for her,‭ ‬tried to become familiar with her and created all sorts of,‭ ‬frequently ridiculous,‭ ‬things in her name. Once someone has a passion for her it cannot be extinguished but increases.‭ ‬Objectively this need for her is referred to as‭ ‘‬love of wisdom‭’‬,‭ ‬the need for wisdom,‭ (...) ‬while personally it is a need of some individuals. -/- This passion and need has become institutionalized and it has developed a discourse and became a socio-cultural practice of its own.‭ ‬Fairly recently it has even become a discipline at,‭ ‬mostly higher,‭ ‬institutions of learning.‭ ‬Previously those searching for and attempting to interact with her came from many walks of life and all kinds of professions,‭ ‬while in the last century or so many people began to live off her as they are remunerated for talking about,‭ ‬about the history of searching for and investigating her and saying all sorts of things about her. -/- Many things are done in her name and all sorts of neologisms are fabricated to label them,‭ ‬such as analytic,‭ ‬continental,‭ ‬idealism,‭ ‬rationalism,‭ ‬empiricism,‭ ‬and all these labels are again specified and specified ad infinitum with terms such as materialism,‭ ‬physicalism,‭ ‬weak naturalism,‭ ‬speculative and new realism,‭ ‬etc. -/- Individuals from many other disciplines and areas of life,‭ ‬such as sociology,‭ ‬the arts,‭ ‬humanities,‭ ‬cognitive sciences,‭ ‬sport,‭ ‬etc got on the bandwagon so that we now have a philosophy or love of wisdom,‭ ‬epistemologies,‭ ‬ontologies etc of everything under the sun.‭ ‬Even if you were to write some theses or do some study you will stipulate your epistemology,‭ ‬ontology,‭ ‬methodology,‭ ‬etc.‭ ‬Just as those who live off philosophy become involved in every area of humanity and all its socio-cultural practices produce so-called peer reviewed publications,‭ ‬articles,‭ ‬essays and books on philosophy of art,‭ ‬sport,‭ ‬humanities,‭ ‬cognitive sciences,‭ ‬religion,‭ ‬gods,‭ ‬sex,‭ ‬rock‭ ‘‬n roll,‭ ‬language,‭ ‬words,‭ ‬ideas,‭ ‬how words and ideas and concepts do their thing,‭ ‬etc,‭ ‬etc.‭ -/- The way these subject-matter are treated will usually consists of some form of reasoning,‭ ‬the use of arguments or argumentation and some kind of logic and a process that resembles the features,‭ ‬steps,‭ ‬stages and processes of theorizing,‭ ‬the construction and development of models,‭ ‬short term,‭ ‬medium or large theories.‭ ‬The latter is often presented in the form of entire‭ ‘‬metaphysical‭’ ‬and speculative systems such as those of Plato,‭ ‬Aristotle,‭ ‬Kant,‭ ‬Hegel,‭ ‬Marx,‭ ‬Husserl,‭ ‬Habermas et al.‭ ‬While Socrates and to some extent the later Wittgenstein attempted to be more authentic to the original principles of trying to follow and developed the ideal of identifying,‭ ‬capturing by verbal interaction‭ (‬be it discourse,‭ ‬or dialogue‭) ‬and becoming one‭ (‬like mystics of all religions who are passionate about‭ ‘‬the one‭’‬,‭ ‬the Beloved,‭ ‬the one Real Self,‭ ‬etc and attempt to become one,‭ ‬united with or‭ ‘‬oned‭’ ‬with their object or subject of desire‭) ‬with Sophos‭ – ‬by exploring and investigating or applying and executing practical use of language,‭ ‬and thereby to uncover and capture her. -/- The effects of the institutionalization of the discipline are far-reaching and the professionalization of the role of philosopher as a‭ ‘‬profession‭’‬,‭ ‬an employee of an institution and a representative of the status quo are discussed in a number of articles being cited. -/- The methods of the philosophical discourse vary,‭ ‬first of all between the so-called Continental and Anglophone Analytic philosophies,‭ ‬its movements,‭ ‬schools and institutions,‭ ‬such as research universities,‭ ‬journals,‭ ‬communities and book publishers.‭ ‬It seems as if increasingly philosophizing employs some of the stages and steps of the processes of theorizing.‭ ‬Other aspects of her methods are heuristic devices,‭ ‬the use of metaphors and analogies,‭ ‬philosophical logic,‭ ‬informal and other types of logic,‭ ‬arguments and argumentation.‭ ‬This involves the creation of fallacies in thinking and reasoning and the causing of all sorts of fallacies or crooked thinking. -/- The nature and changes of philosophical subject-matter are discussed as the socio-cultural practice lost most of its traditional‭ ‘‬objects‭’ ‬with the social and cultural differentiation of other,‭ ‬specialized disciplines.‭ ‬In turn the discourse attempts to fabricate other subject-matter,‭ ‬for example the development of so-called Experimental Philosophy,‭ ‬inter-disciplinary studies such as cognitive sciences and philosophies or meta-level explorations of and speculations about other disciplines,‭ ‬professions and domains‭ (‬for example normative,‭ ‬instrumental and subjective aesthetic‭ – ‬this the terminology and distinctions according to the working class obsessive Critical Theory of the so-called Frankfurt Schule.‭ ‬One always wonders what degree of personal experience their educated,‭ ‬middle class academics have of‭ ‘‬the working class‭’‬,‭ ‬whatever that is meant to be‭?)) ‬of human activity.‭ ‬Such as philosophy of medicine,‭ ‬sport,‭ ‬art,‭ ‬religion,‭ ‬just name it and it is bound to exist.‭ -/- Another‭ ‘‬extension‭’ ‬of or interest in‭ ‘‬philosophy‭’ ‬is that of certain individuals,‭ ‬schools or movements in other disciplines,‭ ‬for example social‭ ‘‬sciences‭’ ‬such as sociology and supporters of the above mentioned‭ ‘‬Schule‭’‬.‭ ‬They frequently use philosophical words such as ontology,‭ ‬epistemology,‭ ‬multi-dimensional,‭ ‬many-levels,‭ ‬contexts assumptions,‭ ‬pre-suppositions,‭ ‬immanent,‭ ‬transcendent,‭ ‬etc.‭ ‬Is this intended to be an extension of philosophy and the doing of philosophizing or merely cognitive bias of the form‭ ‘‬authority bias‭’‬.‭ ‬In this case the authority being‭ ‘‬the discipline of philosophy‭’‬,‭ ‬as well as the‭ ’‬use of the word philosophy‭ ‬and terms from the philosophical discourse‭’‬.‭. (shrink)

Abstract: It deals with the question of what a moral judgment is. On the one hand, a satisfactory theory of moral judgments must take into account the descriptive character of moral judgments and the realistic language of morals. On the other hand, it must also meet the non-descriptive character of moral judgments that consists in the recommending or condemning element and in the fact that normative statements are derived from moral judgments. However, cognitivism and emotivism or “normativism” are contradictory theories: (...) If moral judgments are descriptive, it is not possible to deduce norms from them. But if one can deduce norms from moral judgments, they are not descriptive. As a solution to this problem, the paper suggests that moral judgments represent institutional facts; the corresponding theory is moral institutionalism. A moral institutional fact – “an act X is Y”, Y” means “morally right” or “morally false” – is a hybrid of descriptive and prescriptive elements: It is stating a fact in descriptive language (“is”) and at the same time, it is short for the prescriptive constitutive rule “X is Y according to the moral rules of the language community C”. Institutional facts contain normative presuppositions without letting them appear in their grammatical form. Institutional facts are now (in relation to the language community C) objective and intersubjective and they can be generalized (cognitive aspect), although they cannot be reduced to brute physical or psychological facts, and it is also possible to deduce norms from them because they are built into them. The meta-ethical concept of moral institutionalism, which is evolved further in the paper, preserves the best intentions of emotivism and cognitivism without leading to contradiction. As a by-product, the article shows exactly the error in J. R. Searle’s alleged counterexample against the so-called naturalistic fallacy from “is” to “ought”. This lies in the normative “are” of the analytic premise or definition in “2a. All promises are [that is ought to be] acts of placing oneself under (undertaking) an obligation to do the thing promised”. In “Key concepts in philosophy”, Sankt Augustin 2015, institutionalism is explained further (p.184-191) and confined to what Hegel has called “Sittlichkeit” that is customary morality in in distinction to the “morality” of my personal consciousness (p.212-213):. (shrink)

ABSTRACT: There is general agreement amongst those involved in the normative discussion about geoengineering that if we are to move forward with significant research, development, and certainly any future deployment, legitimate governance is a must. However, while we agree that the abstract concept of legitimacy ought to guide geoengineering governance, agreement surrounding the appropriate conception of legitimacy has yet to emerge. Relying upon Allen Buchanan’s metacoordination view of institutional legitimacy, this paper puts forward a conception of legitimacy appropriate for (...) geoengineering governance, outlining five normative criteria an institution ought to fulfill if it is to justifiably coordinate our action around geoengineering. (shrink)

In this paper, I first discuss the concept of ‘Grotian Moment’ in the context of the capacity of international organizations to contribute to the formation and identification of customary international law. Afterward, I apply three levels to discuss the time element of the formation of custom. At the micro-level of the institutional practice, the time required to form a customary norm may depend on whether each form of practice is directed to the institutional or to the international dimension. (...) At the level of the organ, I reflect on the difference played by the presence or absence of member States in the institutional organ that adopts the practice relevant for custom formation. At the macro-level of the characteristics of the organization, I distinguish between so-called supranational and functional organizations. In general, I exclude the relevance of speaking in terms of a ‘Moment’ that produces a paradigm shift, and I stress the continuous change to which international law is subject. (shrink)

This paper highlights the fundamental difference in the criteria adopted to explain original intentionality, which is the basic stratum of intentional phenomena, between the mentalist mainstream and the minority inspired by the rejection of the Myth of the Given. Among the attempts on the latter, inferentialism has become a view of particular interest. According to inferentialism, full intentionality is a feature of cognitive subjects who participate in normative discursive practice. Therefore, the criteria to which the basic intentionality of the mind (...) can be attributed are fundamentally linguistic and not mentalist; for example, perception alone is not sufficient to ground full intentional states. This situation is an interesting challenge to mainstream intentionalism. Furthermore, it can be argued that this view can be a good basis to develop a different conception of collective intentionality in social ontology. In fact, inferentialism makes use of the basic normative notion of discursive commitment to track and evaluate the inferential moves of speakers. This notion can be easily extended hypothetically in the direction of the idea of a ‘joint commitment’ developed by Margaret Gilbert. In what follows, a number of questions and remarks are raised as a first explorative attempt. The role that language plays in social ontology through this approach is of particular interest because of its strict connection with collective intentionality: it is an ‘active’ institution (maybe a meta-institution), the medium and the practice to create and establish other institutions. (shrink)

This paper studies definability within the theory of institutions, a version of abstract model theory that emerged in computing science studies of software specification and semantics. We generalise the concept of definability to arbitrary logics, formalised as institutions, and we develop three general definability results. One generalises the classical Beth theorem by relying on the interpolation properties of the institution. Another relies on a meta Birkhoff axiomatizability property of the institution and constitutes a source for many new actual definability (...) results, including definability in (fragments of) classical model theory. The third one gives a set of sufficient conditions for 'borrowing' definability properties from another institution via an 'adequate' encoding between institutions. The power of our general definability results is illustrated with several applications to (many-sorted) classical model theory and partial algebra, leading for example to definability results for (quasi-)varieties of models or partial algebras. Many other applications are expected for the multitude of logical systems formalised as institutions from computing science and logic. (shrink)

Aim To synthesize qualitative research on perspectives and understandings of Intensive Care Unit (ICU) patients, family members, and staff regarding respect and dignity in ICU, in order to explore the connotations and meanings of respect and dignity in ICU. Design A qualitative meta-synthesis. Methods The Chinese and English databases were systematically searched, including PubMed, Web of Science, CINAHL, Embase, Cochrane Library, CNKI, Wangfang Data, VIP, and CBM from each database’s inception to July 22, 2023. Studies were critically appraised using (...) the Joanna Briggs Institute (JBI) Critical Appraisal Checklist for Qualitative Research. Qualitative data were extracted, summarized, and meta-synthesized. (PROSPERO: CRD42023447218). Results A total of 9 studies from 6 countries were included in the meta-synthesis. Thirty-six main themes and 67 sub-themes were extracted, which were eventually integrated into 9 categories and 4 themes: (1) integrity of humanity; (2) autonomy; (3) equality; (4) environmental support. Conclusion To maintain patient dignity, it is necessary to create an environment of respect within the ICU where healthcare professionals uphold the concept of preserving human integrity and respect patients' autonomy and equality. Healthcare professionals need to value the dignity of ICU patients and treat them as unique individuals during treatment and care. Hospital managers should also strive to create a respectful environment to provide environmental support for dignity care implementation. (shrink)

Recently, alternatives to both the structure and content of ‘orthodox’ just war theory have been proposed by Jeff McMahan and David Rodin. In this paper, I draw on this debate to show that key ideas in just war theory can be disputed in both of these respects. More broadly, it is unclear how we should assess the debate between differing conceptions of individual principles (such as just cause and proportionality) and the competing wider theories in which they might be situated. (...) I employ the idea of reflective equilibrium, taken from John Rawls, to show how these conflicting viewpoints might be understood and assessed. I argue, then, that contemporary just war theory faces both important questions of substance, and a set of difficult meta-theoretical issues concerning the grounds on which competing just war theories can be assessed. Futhermore, I contend, this should influence the character of – and our expectations for – real-world just war institutions. (shrink)

The paper discusses the problems in the detection of security information in legal and other administrative data. The authors analyse the prospects of the use of datamining in the solution of two key problems: abundance and indirectness of these data. Security research uses two kinds of data. The first one is scientific data, designed and gathered specially for the verification of certain security theories. They are the data of criminological, sociological, psychological surveys, experimental data, etc. The second kind is data (...) that are not designed for security research. Most of the data are the by-products of the national legal system, especially its criminal justice, of national and local institutions responsible for the maintenance of public order, and of other public agencies. All the data provide huge amounts of information destined to control and direct the activities of these institutions. There are two kinds of problems in the use of this information in security study. First, this information has to be ‘decoded’ from data describing the activities of related institutions. Second, data on security are lost in huge amounts of other public data. Thus, they have to be ‘mined’. The paper discusses the prospects of the modern information proceeding method—data-mining in the solution of both problems. A new concept of data mining as a meta-procedure is proposed. The object of this meta-procedure is supposed to be the integration of multiple current theories (for example, criminal security) and related statistical procedures. A general algorithm of such data-mining is proposed. (shrink)

Justice is a contested concept. There are many different and competing conceptions, i.e. interpretations of the concept. Different domains of justice deal with different fields of application of justice claims, such as structural justice, distributive justice, participatory justice or recognition. We present a formal conceptual structure of justice applicable to all these domains. We show that conceptions of justice can be described by specifying the following conceptual elements: the judicandum, the community of justice including claim holders and claim addressees, their (...) claims, the informational base for the assessment, the principles of justice, and on a more practical level, the instruments of justice. By specifying these conceptual elements of justice, it is possible to analyse and compare different conceptions of justice, to assess their internal consistency, to explore new definitions of justice in an analytical way, and to explicate an idea of justice in a manner that provides concrete links to the relevant context. (shrink)

En este artículo discuto dos tesis que Thomas Pogge deriva de su concepción institucional de los derechos humanos: la tesis de la culpa y la tesis de la violación global. La tesis de la culpa asevera que los ciudadanos que contribuyen a sostener un régimen institucional que viola derechos humanos sin realizar compensaciones en beneficio de las víctimas, se convierten ellos mismos en violadores de derechos humanos. Por su parte, la tesis de la violación global asevera que al imponer regulaciones (...) injustas que tienden a generar pobreza extrema, el régimen internacional actual viola los derechos humanos de los pobres del mundo. Mi intención será probar que ambas tesis son insostenibles ya que se basan en presupuestos errados en materia de responsabilidad. Esto no nos conducirá, sin embargo, a abandonar la concepción institucional de los derechos humanos. Por el contrario, una vez depurada de sus problemas, se trata de una concepción que puede ayudarnos a pensar adecuadamente sobre la responsabilidad por los derechos humanos en un mundo globalizado. (shrink)

In this paper, we provide an analysis of the concept of legal personality and discuss whether personality may be conferred on artificial intelligence systems (AIs). Legal personality will be presented as a doctrinal category that holds together bundles of rights and obligations; as a result, we first frame it as a node of inferential links between factual preconditions and legal effects. However, this inferentialist reading does not account for the ‘background reasons’ of legal personality, i.e., it does not explain why (...) we cluster different situations under this doctrinal category and how extra-legal information is integrated into it. We argue that one way to account for this background is to adopt a neoinstitutional perspective and to update the ontology of legal concepts with a further layer, the meta-institutional one. We finally argue that meta-institutional concepts can also support us in finding an equilibrium around the legal-policy choices that are involved in including (or not including) AIs among legal persons. (shrink)

Alvin Weinberg’s classic and much debated two articles in Minerva, “Criteria for Scientific Choice” (1963) and “Criteria for Scientific Choice II – The Two Cultures” (1964), represent two of the first and most important attempts to create a meta-discourse about priority setting in science policy, and many of the points advanced remain relevant. The goal of this paper is to elaborate on the relevance of some of Weinberg’s original arguments to priority setting today. We have singled out four issues (...) for attention: The tension between scientific and institutional choice, the assumptions behind the triad of scientific, technological and social merit, the elusive ‘externality from size’ argument for funding promoted by Weinberg, and finally the problems involved in the idea of basic science as an ‘overhead cost’ for applied science, and applied science as an ‘overhead’ on a sectoral mission. These four issues will be elaborated from a policy perspective and connected to present day challenges for science and technology policy. (shrink)

The hard problem of consciousness is about how we could explain in physicalist terms why we are conscious. The meta-problem of consciousness is about how we could explain why we have a hard problem of consciousness. In this note I argue that the phenomenal concept strategy can in principle provide a satisfactory solution to the meta-problem.

The increased use of information technology in every day health care creates vast amounts of stored health data that can be used for research. The secondary research use of routinely collected data raises questions about appropriate consent mechanisms for such use. One option is meta consent where individuals state their own consent preferences in relation to future use of their data, e.g. whether they want the data to be accessible to researchers under conditions of specific consent, broad consent, blanket (...) consent or not at all. This study investigates whether meta consent preferences can be successfully elicited by a smartphone application in the adult Danish population. A smartphone app was developed for the elicitation of meta consent preferences. An invitation to use the app was distributed to a stratified, representative sample of the Danish adult population. The meta consent choices, the use of the app, user experience data, and demographic data were logged and analysed statistically using IBM SPSS version 20. Of 1000 potential respondents 221 used the app. One hundred eighty-eight of the respondents were female and 103 male. The age range was 19 to 79 years with an average of 51 years. Most users indicate 1) that they find the choices they are asked to make easy to understand, 2) that the application is easy to use, and 3) that this kind of choice should be offered to people. It is possible to collect meta consent preferences in the general, adult population using a smartphone app. (shrink)

Based on the concept of the third paradigm of the «first philosophy», the article analyzes the theo- retical and practical philosophy of Karl-Otto Apel. The role of discursive practices as a paradig- matic basis of the philosophy of communication and meta-institutions of all the rest institutions of society is revealed. The author considers the achievements of Ukrainian philosophers in the study of Apel’s heritage, as well as the possibilities of applying Apel’s philosophical theorizing in the study of Ukrainian realities, (...) development of the Ukrainian ethos, and possibility of theo- retical substantiation and practical legitimization of institutions and values. In addition to this, it is also about the relationship between universalist morality and the particular ethos of local worlds, as well as the relationship between the concepts of universalist ethics and global ethos. Using Apel’s methodology, the author of the article argues that the revival of the conventional ethos and the institutional stage of development of moral consciousness does not end the problem of moral development of the Ukrainian nation. The next, no less important, task is the transition to a potentially democratic postconventional morality, which is achieved by communicative ratio- nalization of the world, the creation of institutions of deliberative democracy. The great role and influence of Apel’s philosophy in the world, which is manifested in the fact that there is a kind of communicative international, which unites many supporters of the Apel paradigm in such well known organization as the “Karl-Otto Apel Centro Filosofico Internazionale”, and in such journals as “Topologik”, “Ethik+Diskurs”, etc., which conduct researches based on the Apel paradigm. (shrink)

Humans have this extraordinary cognitive ability: They imagine inexistent objects, they treat them as if they were real, and by doing so they make them real. They thus give rise to a shared institutional reality that enables them to cooperate in ways that would be impossible otherwise. In this paper, we would like to revisit the account that HLA Hart gives of the practice of collective acceptance that makes a legal system possible. We try to provide an explanation of (...) what Hart calls the ‘internal point of view’, on the basis of experiments on institutional concepts, drawing on the paradigm known as ‘embodied cognition’. Experts and non-experts in law rated the role of several cognitive dimensions for a list of words referring to two kinds of abstract concepts (institutional and theoretical/scientific) and two kinds of concrete ones (food and artifact). Institutional concepts were distinguished into pure-institutional (e.g., ‘contract’, ‘state’, ‘property’) and meta-institutional (e.g., ‘norm’, ‘duty’, ‘justice’). The results provide an empirical account of how our way of thinking about institutions changes as we acquire expertise in the legal field, thus shading light on the cognitive underpinnings of the ‘internal point of view’. (shrink)

Background: Ethical relationships are important among many participants in healthcare, including the ethical relationship between nurse and employer. One aspect of organizational behavior that can impact ethical culture and moral well-being is institutional betrayal. Research aim: The purpose of this concept analysis is to develop a conceptual understanding of institutional betrayal in nursing by defining the concept and differentiating it from other forms of betrayal. Design: This analysis uses the method developed by Walker and Avant. Research context: Studies (...) were reviewed using health literature databases with no date restrictions. Ethical considerations: Analysis was conducted using established guidelines for ethical research. Findings: Although institutional betrayal is a concept applied in the literature, there was a paucity of studies exploring the concept within nursing. Examples of the concept in the literature include violation of trust between organization and nurse, such as provision of inadequate workplace protections, ineffective or hostile management, and gaslighting of those who experience negative events. Examples of institutional betrayal have become more visible during the COVID-19 pandemic. Discussion: A conceptual definition of institutional betrayal is a deep violation of trust or confidence or violation of moral standards committed by an institution toward a nurse. This definition incorporates experiences and issues suggested by the literature. Outcomes are likely negative, including impacts on nurse psychological and workplace well-being. This concept likely fits within a framework of ethical workplaces and has conceptual relationships with moral distress and moral resilience. Further studies can help qualitatively explore and empirically measure this concept. Conclusion: In the pursuit of improving the ethical culture of healthcare workplaces, this concept can provide meaningful insight into organizational behavior and its consequences. Naming and describing the concept can promote conceptual clarity and equip researchers, nurses, and leaders to identify and mitigate the issue. (shrink)

We compare Guala’s unified theory of institutions with that of Searle and Greif. We show that unification can be many things and it may be associated with diverse explanatory goals. We also highlight some of the important shortcomings of Guala’s account: it does not capture all social institutions, its ability to bridge social ontology and game theory is based on a problematic interpretation of the type-token distinction, and its ability to make social ontology useful for social sciences is hindered by (...) Guala’s interpretation of social institution types as social kinds akin to natural kinds. (shrink)

This essay combines information on the recent ISUD Sixth World Congress Humanity at the Turning Point: Rethinking Nature, Culture, and Freedom and some reflections inspired by presentations and discussions at the congress. It is focused on the presentation of one of the keynote speakers, Karl-Otto Apel, entitled “Discourse Ethics, Democracy, and International Law: Toward a Globalization of Practical Reason”. Apel argued that the transcendental-pragmatic foundation of morality serves as the ultimate basis for the universal conception of law, e.g., of human (...) rights. It establishes the transcendental basis of the idea of democracy, and at the same time establishes a regulative principle for a possible critique of the democratic states. Apel discussed the question of a political order of law able to represent the idea of human rights. In his approach to it, he referred to Kant’s idea of “a federation of free states” (as opposite to a “world state”) in the solution of the problem of a cosmopolitan system He noticed the tension between two orientations of international law: one towards “human rights” and hence a cosmopolitan law of single citizens and the other towards the sovereignty of single states. He asserted that the universal conception of law cannot be reduced to the legislative autonomy of any state. Consequently, the universal conception of human rights cannot be adequately realized either by particular democratic states or by a world state as a despotic superpower. Apel concluded that an adequate institution for the current debate regarding the issues of global peace and security can only be a federation of nations like the UN, the meta-institution of global discourse and the political representation of international law. At the heart of the essay is Kant’s cosmopolitan ideal and its relevance for today’s discussions about peace and security. Attention is paid to the attempts to rethink Kant by Karl-Otto Apel, Jürgen Habermas, Jaques Derrida, Martha Nussbaum, and David Held, among others. Some of the authors indicate the tension between the sovereignty ofstates and the universality of human rights. Other authors criticize cosmopolitanism as overly unifying in contrast to the socio-cultural diversity of societies. The essay draws a contrast between two tendencies concerning international relations. One is the current neoconservative course toward American domination throughout the world. An alternative to this is the philosophers’ call for “the cosmopolitan model of democracy” and strengthening the network of transnational grass-roots movements and international institutions, including the UN. (shrink)

The paper examines some implications of Parsonian theory of social change for the philosophy of history. A distinction is made between two concepts of social change, the first concerning transformations within a stable structure, the second concerning transformations of the structure (metamorphose). The principal meta-histori cal postulates underlying the functional analysis of social change are then formulated. They imply a twofold conception of the meaning of history : objective meaning as a functional property of a teleological system, subjective (...) meaning as an intentional correlate of the individual actors. This irreducible duality of system theory and action theory characterizes the whole Parsonian approach to the theory and history of societies. (shrink)

In this article the author studies the place and the role of social philosophy in the architecture of the social sciences and humanities. The article focuses on the relationship between social philosophy, theory of society, theoretical sociology and social ethics. Based upon the application of the concept of paradigm in philosophy, the author shows key trends of the development of social sciences and humanities: the turn from the philosophy of conscience to the communication philosophy and the “rehabilitation of the practical (...) philosophy”. In line with these trends, practical discourse philosophy is now playing the central role in the structure of the social sciences and humanities, the author says. By making a distinction between normative and descriptive dimensions of the social sciences and humanities, the author emphasizes the issue of their normative foundation and their moral and ethical re-orientation. The article analyzes discourse as an argumentative practice of founding social norms and values and as a meta-institution legitimizing social institutions. According to this approach, the social philosophy is considered as a meta-theory of social sciences, which include general social theory and theories of social systems. In this context, practical dis- course philosophy is playing a fundamental role for legitimizing specific social institutions. Social ethics also plays an important role, as it complements individual ethics, creating a system of institutional ethics, i.e. of political ethics, economic ethics, ethics of science and technology, environmental ethics. In this architectonics, social responsibility gets a new meaning, incorporating individual responsibility. Social responsibility is not an anonymous responsibility that neglects the individual responsibility, but a common responsibility implemented according to certain rules and procedures and creating the possibility to solve current problems of the globalized humanity. (shrink)

Social liberals and liberal nationalists often argue that cosmopolitans neglect the normative importance of state sovereignty and self-determination. This paper counter-argues that, under current global political and socio-economic circumstances, only the establishment of supranational institutions with some (limited, but significant) sovereign powers can allow states to exercise sovereignty, and peoples? self-determination, in a meaningful way. Social liberals have largely neglected this point because they have focused on an unduly narrow, mainly negative, conception of state sovereignty. I contend, instead, that we (...) should more closely consider the positive aspects of sovereignty, understood as the capacity to maintain internal problem-solving capacities and make meaningful discretionary choices on a range of national issues. (shrink)

Some bioethical commentators argue that protection for the institutional conscience of Catholic health care providers should be discarded because the notion is conceptually flawed and conflicts with the demands of medical professionalism. This paper argues in defense of the concept of Catholic institutional conscience. The arguments leveled against the concept of institutional conscience are based on an unsound definition of conscience, assume the validity of a definition of conscience that is amenable to the concept of institutional (...) conscience, and indeed assume the validity of the concept of institutional conscience in order to argue against the conceptual validity of the consciences of Catholic health care institutions. National Catholic Bioethics Quarterly 12.3 (Autumn 2012): 409–420. (shrink)

Merleau-Ponty’s relation to Husserl has been understood along a spectrum running from outright repudiation to deep appreciation. The aim of this paper is to clarify a significant and heretofore largely neglected unifying thread connecting Husserl and Merleau-Ponty, while also demonstrating its general philosophical import for phenomenological philosophy. On this account, the details of a programmatic philosophical continuity between these two phenomenologists can be structured around the concept of motivation. Merleau-Ponty sees in Husserl’s concept of motivation a necessary and innovative concept (...) that we must formulate in order to properly theorize the anonymous and passive functioning of “operative intentionality.” Motivation is the principle that bridges this domain with the egoic life of consciousness. Merleau-Ponty’s focus on anonymity, bodily habit, and other facets of operative intentionality are thus not a repudiation of Husserl’s analyses of intentionality, but rather a deepening of the notion of consciousness. I conclude by showing how Merleau-Ponty’s early work on motivation lays the conceptual groundwork for his later rethinking of intentionality in terms of institution, and thus mature ontology of the flesh. (shrink)

For ten years, 1971–1981, the Institute onHuman Values in Medicine (IHVM) played a keyrole in the development of Bioethics as afield. We have written this history andanalysis to bring to new generations ofBioethicists information about the developmentof their field within both the humanitiesdisciplines and the health professions. Thepioneers in medical humanities and ethics cametogether with medical professionals in thedecade of the 1960s. By the 1980s Bioethics wasa fully recognized discipline. We show the rolethat IHVM programs played in defining thefield, training (...) faculty and helping schools todevelop programs. We review the beginnings ofthe IHVM in the crucible of social andtechnological change that led to theestablishment of the IHVM's parentorganization, the Society for Health and HumanValues. We then turn to the IHVM programsthrough which Faculty members receivedfellowships to explore new crossovers betweenthe humanities and the health professions. Wehave not only described the Fellows Program asit existed in 1973–1980, but have completed asurvey of the fellows a quarter of a centuryafter they held their fellowships. We describeother IHVM programs designed to facilitate theinitiation and development of new humanitiesprograms, to explore conceptual issues betweenmedicine and five humanities fields, to conductissue driven or educational method conferencesand to advance humanities programs intograduate education through the Directors ofMedical Education. (shrink)

This paper reflects on the idea that social institutions inform the development and justification of principles of justice. First, I situate this question in the context of contemporary debates in political philosophy. Then, I turn to a particular defense of this idea by looking at the conceptual relation established by John Rawls between the concept and the subject of justice. Finally, I look at works by Paul Ricœur in which he discusses Rawls’s theory of justice. Ricœur insists in various places (...) on the distributive character of social institutions, in a way that helps shed light on the relation between principles and institutions. (shrink)

The Covid-19 pandemic has been analysed and discussed from many disciplinary perspectives. An aspect that still needs critical exploration is the role—that is, the modes and forms—of regulatory interventions during the pan- demic. It is interesting to note in this regard that, in many studies, regulatory measures are labelled “non-pharma- ceutical interventions”, as if they do not have any specificity on their own and only represent a theoretically residual category. The main aim of this article is instead to focus on (...) the distinctive features of normative measures as such. As regards the article’s focus, it centres on the normative interventions in the first period of the pandemic—that is, 2020—with particular reference to Italy. We have chosen to focus on this period because the most extensive and severe restrictions introduced to combat Covid-19 were established at that time. And we have chosen to con- sider Italy because it was the first country, after China, to be hard hit by the virus and to react in a draconian manner. As regards the methodology, the article is based, in general and primarily, on an extensive interdisciplinary literature review. With reference to the Italian case, the study is additionally based on: first-hand data collection and analysis (especially concerning Italian normative measures mainly issued at the national level: their type, frequency, target, hierarchical relationships); second-hand data and analysis (for instance as regards the effectiveness of Italy’s and other countries’ regulatory measures). In discussing the Italian response to the Covid-19 pandemic, certain weaknesses have been identified; and possible lessons have been highlighted, in terms of both “planning” (i.e. the necessity to better pre-define concrete and circumscribed sets of actions) and of “meta-planning” (i.e. the necessity of better planning the way in which public authorities could and should plan and act). Although this article is mainly based on the Italian situation, what we can learn from this case is largely generalizable. (shrink)

Several logical operators are defined as dual pairs, in different types of logics. Such dual pairs of operators also occur in other algebraic theories, such as mathematical morphology. Based on this observation, this paper proposes to define, at the abstract level of institutions, a pair of abstract dual and logical operators as morphological erosion and dilation. Standard quantifiers and modalities are then derived from these two abstract logical operators. These operators are studied both on sets of states and sets of (...) models. To cope with the lack of explicit set of states in institutions, the proposed abstract logical dual operators are defined in an extension of institutions, the stratified institutions, which take into account the notion of open sentences, whose satisfaction is parametrised by sets of states. A hint on the potential interest of the proposed framework for spatial reasoning is also provided. (shrink)

Background: The vascular depression hypothesis emphasizes the significance of vascular lesions in late-life depression. At present, no meta-analytic model has investigated whether a difference in hyperintensity burden compared to controls between late-life and late-onset depression is evident. By including a substantial number of studies, focusing on a meaningful outcome measure, and considering several moderating and control variables, the present meta-analysis investigates the severity of hyperintensity burden in major depressive disorder (MDD) and bipolar disorder (BD). A major focus of (...) the present meta-analysis refers to the role of age at illness onset. It is analyzed whether late-onset rather than late-life depression characterizes vascular depression. Method: In total, 68 studies were included in the meta-analysis and a multilevel random effects model was calculated using Hedges’ g as the effect size measure. Results: The severity of hyperintensity burden was significantly greater in the patient group compared to the control group. This effect was evident regarding the whole patient group (g = 0.229) as well as both depression subgroups, with a significantly greater effect in BD (g = 0.374) compared to MDD (g = 0.189). Hyperintensity burden was more pronounced in late-onset depression than in early-onset depression or late-life depression. A considerable heterogeneity between the included studies was observed, which is reflected by the large variability in effects sizes. Conclusion: In conclusion, the present meta-analysis underscores the association of hyperintensities with MDD and BD. Especially late-onset depression is associated with an increased hyperintensity burden, which is in line with the vascular depression hypothesis. The results suggest that it might be more feasible to confine the concept of vascular depression specifically to late-onset depression as opposed to late-life depression. Further research is needed to understand the causal mechanisms that might underlie the relation between hyperintensity burden and depression. (shrink)