Two important philosophical questions about assertion concern its nature and normativity. This article defends the optimism about the constitutive norm account of assertion and sets out a constitutivity thesis that is much more modest than that proposed by Timothy Williamson. It starts by looking at the extant objections to Williamson’s Knowledge Account of Assertion and argues that they fail to hit their target in virtue of imposing implausible conditions on engaging in norm-constituted activities. Second, it makes a similar proposal and (...) shows how it does better than the competition. It suggests that Knowledge Norm of Assertion is not constitutive of the speech act of assertion in the same way in which rules of games are constitutive, and thus KAA comes out as too strong. The final section embarks on a rescue mission on behalf of KAA; it puts forth a weaker, functionalist constitutivity thesis. On this view, KNA is etiologically constitutively associated with the speech act of assertion, in virtue of its function of generating knowledge in hearers. (shrink)

By tracing some of the historical and hermeneutical influences of Augustine on Martin Heidegger and his 1927 magnum opus, this article argues that Being and Time has an “Augustinian constitution.” While Heidegger’s philosophical terms are in a certain sense original, many of them have their conceptual origins in Augustine’s Christian thought and in his philosophizing from experience. The article systematically revisits all of Heidegger’s citations of Augustine, which reveals not only the rhetorical influence of Augustine on the organization of (...) Being and Time, but also the fact that the conceptual inspiration of the work and the development of its philosophicalterms are significantly indebted to Augustine. Further, an original synthesis of Heidegger’s methodology with Augustine’s thought on restlessness and conversion is developed in order to demonstrate the philosophical compatibility between Heidegger and Augustine. This synthesis results in what the author considers the foundations for an Augustinian phenomenology. (shrink)

In this paper, I address the significance of the key notions of coordination, constitution and convention. My aim in so doing is to provide a better understanding of their relation to conventionalism and to evaluate the prospects for a version of the relativized a priori based on a refinement of the notion of coordination. I stress the Kantian roots of all three concepts. Moreover, I argue that the link between the early logical positivist requirement for the uniqueness of coordination (...) and the Kantian account of empirical objectivity provides an interpretive key that sheds light on the alleged incompatibility between constitutive principles and conventionalism. (shrink)

"The Constitution is America's moral sail, and we must hold to the courage of the conviction that fills it, a conviction that we can all be equal citizens of a moral republic. That is a noble faith, and only optimism can redeem it." So writes Ronald Dworkin in the introduction to this characteristically robust and provocative new book in which Dworkin argues the fidelity to the constitution and to law demands that judges make contemporary judgements backed on political (...) morality, and why it encourages, or ought to encourage, an open display of the true grounds of judgement. The book discusses almost all of the great constitutional issues of the last two decades including abortion, affirmative action, pornography, race, homosexuality, euthanasia and free-speech and in doing so consistently offers a liberal view of the American Constitution. Dworkin's "moral reading" proposes that we all, judges, lawyers, citizens - interpret and apply the abstract language of the Constitution on the understanding that they invoke moral principles about political decency and justice. The "moral reading" therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published seperately; now drawn together they bear all the hallmarks of Dworkin's legal and philosophical sophistication, his acute understanding of political process and his understanding of history. principles. (shrink)

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

The Christian doctrine of the Trinity poses a serious philosophical problem. On the one hand, it seems to imply that there is exactly one divine being; on the other hand, it seems to imply that there are three. There is another well-known philosophical problem that presents us with a similar sort of tension: the problem of material constitution. We argue in this paper that a relatively neglected solution to the problem of material constitution can be developed into a (...) novel solution to the problem of the Trinity. (shrink)

This paper is concerned with the notions of supervenience and mechanistic constitution as they have been discussed in the philosophy of neuroscience. Since both notions essentially involve specific dependence and determination relations among properties and sets of properties, the question arises whether the notions are systematically connected and how they connect to science. In a first step, some definitions of supervenience and mechanistic constitution are presented and tested for logical independence. Afterwards, certain assumptions fundamental to neuroscientific inquiry are (...) made explicit in order to show that the presented definitions of supervenience are virtually uninteresting for theory construction in this field. In a third step, a new formulation of supervenience is developed that makes explicit reference to the notion of constitution and that bridges the gap between the philosophical concepts and explanatory practice in neuroscience. (shrink)

Philosophical accounts of the constitution relation have been explicated in terms of synchronic relations between higher‐ and lower‐level entities. Such accounts, I argue, are temporally austere or impoverished, and are consequently unable to make sense of the diachronic and dynamic character of constitution in dynamical systems generally and dynamically extended cognitive processes in particular. In this paper, my target domain is extended cognition based on insights from nonlinear dynamics. Contrariwise to the mainstream literature in both analytical metaphysics and (...) extended cognition, I develop a nonstandard, alternative conception of constitution, which I call “diachronic process constitution”. It will be argued that only a diachronic and dynamical conception of constitution is consistent with the nature of constitution in distributed cognitive processes. (shrink)

Adams and Aizawa, in a series of recent and forthcoming papers,, ) seek to refute, or perhaps merely to terminally embarrass, the friends of the extended mind. One such paper begins with the following illustration: "Question: Why did the pencil think that 2+2=4? Clark's Answer: Because it was coupled to the mathematician" Adams and Aizawa ms p.1 "That" the authors continue "about sums up what is wrong with Clark's extended mind hypothesis". The example of the pencil, they suggest, is just (...) an especially egregious version of a fallacy said to pervade the literature on the extended mind. This fallacy, which they usefully dub the " coupling-constitution fallacy ", is attributed, in varying degrees and manners, to Van Gelder and Port, Clark and Chalmers, Haugeland, Dennett, Clark, Gibbs, and Wilson. The fallacy, of course, is to move from the causal coupling of some object or process to some cognitive agent, to the conclusion that the object or process is part of the cognitive agent, or part of the agent's cognitive processing ms p.2). Proponents of the extended mind and related theses, Adams and Aizawa repeatedly assert, are prone to this fallacy in part because they either ignore or fail to properly appreciate the importance of " the mark of the cognitive" viz the importance of an account of "what makes something a cognitive agent". The positive part of Adams and Aizawa's critique then emerges as a combination of the assertion that this "mark of the cognitive" involves the idea that "cognition is constituted by certain sorts of causal process that involve non-derived contents" and that these processes look to be characterized by psychological laws that turn out to apply to many internal goings-on but not currently to any processes that take place in non-biological tools and artifacts. In what follows, I shall try to show why these arguments display nothing so much as mutual failures of communication: crossed wires concealing a couple of real, important, but much more subterranean, disagreements. In particular, I try to show why the negative considerations advanced by Adams and Aizawa fail to successfully undermine the argument for the extended mind, and why their more radical positive story, unless supplemented by implausible additional claims, fails to cast doubt on the claim that minds like ours can extend into the world. (shrink)

It is argued that at the center of Hegel’s phenomenology of consciousness is the notion that experience is shaped by identification and sacrifice. Experience is the process of self - constitution and self -transformation of a self -conscious being that risks its own being. The transition from desire to recognition is explicated as a transition from the tripartite structure of want and fulfillment of biological desire to a socially structured recognition that is achieved only in reciprocal recognition, or reflexive (...) recognition. At the center of the Hegelian notion of selfhood is thus the realization that selves are the locus of accountatibility. To be a self, it is concluded, is to be the subject of normative statuses that refer to commitments; it means to be able to take a normative stand on things, to commit oneself and undertake responsibilities. Key Words: commitments • desire • experience • G.W.F.Hegel • identity • recognition • risk • sacrifice • self -consciousness • self - constitution. (shrink)

Monists about material constitution typically argue that when Statue is materially constituted by Clay, Statue is just Clay. Pluralists about material constitution deny that constitution is identity: Statue is not just Clay. When Clay materially constitutes Statue, Clay is not identical to Statue. I discuss three familiar puzzles involving grounding, overdetermination and conceptual issues, and develop three new puzzles stemming from the connection between mereological composition and material constitution: a mereological puzzle, an asymmetry puzzle, and a (...) structural puzzle. (shrink)

Written by the world's best-known political and legal theorist, Freedom's Law: The Moral Reading of the American Constitution is a collection of essays that discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Professor Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the (...) abstract language of the Constitution by reference to moral principles about political decency and justice. His `moral reading therefore brings political morality into the heart of constitutional law. The various chapters of this book were originally published separately and are now drawn together to provide the reader with a rich, full-length treatment of Dworkin's general theory of law. (shrink)

The coupling-constitution fallacy claims that arguments for extended cognition involve the inference of “x and y constitute z” from “x is coupled to y” and that such inferences are fallacious. We argue that the coupling-constitution fallacy fails in its goal to undermine the hypothesis of extended cognition: appeal to the coupling-constitution fallacy to rule out possible empirical counterexamples to intracranialism is fallacious. We demonstrate that appeals to coupling-constitution worries are problematic by constructing the fallacious argument against (...) the hypothesis of extended cognition. We consider several objections to our argument and find them insufficient to rebut our conclusion. (shrink)

In this paper, we discuss how phenomenology might cogently express the way painful experiences are layered with complex intersubjective meaning. In particular, we propose a critical conception of pain as an intricate multi-levelled phenomenon, deeply ingrained in the constitution of one’s sense of bodily self and emerging from a web of intercorporeal, social, cultural, and political relations. In the first section, we review and critique some conceptual accounts of pain. Then, we explore how pain is involved in complex ways (...) with modalities of pleasure and displeasure, enacted personal meaning, and contexts of empathy or shame. We aim to show why a phenomenology of pain must acknowledge the richness and diversity of peculiar painful experiences. The second section then weaves these critical insights into Husserlian phenomenology of embodiment, sensation, and localisation. We introduce the distinction between Body-Object and Lived-Body to show how pain presents intersubjectively. Furthermore, we stress that, while pain seems to take a marginal position in Husserl’s whole corpus, its role is central in the transcendental constitution of the Lived-Body, interacting with the personal, interpersonal, and intersubjective levels of experiential constitution. Taking a critical-phenomenological perspective, we then concretely explore how some people may experience structural conditions which may make their experiences more or less painful. (shrink)

One of the major exegetical difficulties in connection with Husserl's Logical Investigations has always been the clarification of his ontological position and the closely related concept of constitution. Ever since the publication of the first edition - which will be the point of departure - in 1900-1, there has been an ongoing discussion as to which concept of reality Husserl had committed himseff, initiated with a realistic interpretation by his G6ttingen Students. My aim in the following paper will be (...) a critical evaluation and interpretation of this relationship, thereby also taking Husserl's philosophical development - especially as concerns his idea of phenomenology - into consideration. (shrink)

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

The French and Dutch referenda on the adoption of a European Constitutional Treaty highlight a remarkable ambiguity in the self‐constitution of a polity, which can be viewed as both constitution by and of a collective self. This ambiguity is a fundamental feature of polities in general, and the European Union in particular. Rather than suppressing this ambiguity, democracy—and a fortiori a European democracy worth its name—institutionalises it as the guiding principle of political action. As will transpire, the conceptual (...) and normative problems raised by political self‐constitution are linked to self‐attribution, i.e., the conditions under which a collective ascribes legislation to itself. (shrink)

How should we assess the project for a Constitution presented by the Convention on the Future of Europe? This paper argues that in order to succeed, an EU Constitution would need to present a positive vision of what democracy in Europe is about. While the draft Constitution fails in finding the right language in this regard, it does nevertheless contain an all too implicit manifesto: that ours is a European ?demoi?cracy? founded on the recognition of the persistent (...) plurality of its component peoples but not reducible to a set of complex bargains between sovereign states. The paper analyses the main feature of the project against this benchmark and argues that it is closer to the spirit of demoi?cracy when dealing with the vertical relationship between the Union and its member?states than when dealing with the horizontal relationship among the member?states themselves. (shrink)

It is tempting to think that in the case of complete spatio-temporal coincidence, the statue is identical with the constituent lump of clay. However, some philosophers have thought that accepting constitution as identity in this type of case forces one to reject the necessity of identity. I show that there is no conflict here. By distinguishing between an object's being necessarily an F and an object's being necessity identical with an F, we can see that accepting the necessity of (...) identity does not, and should not, compel one to reject constitution as identity. (shrink)

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

This article reviews David Strauss's recent book,The Living Constitution. The thesis of Strauss's book is that constitutional law is a kind of common law, based largely on judicial precedent and commonsense judgments about what works and what is fair. In defending this claim, Strauss argues that central constitutional prohibitions of discrimination and protections of free speech have a common-law basis and that the originalist should consequently reject them. The review disputes this contention. It examines Strauss's account of the common (...) law and argues that it cannot support our First Amendment protections of subversive advocacy, as Strauss says it does. The review then offers an alternative account of the common law based on the “classical” common-law theory associated with Coke and Hale. The latter account does support our protections of subversive advocacy but is much less appealing to those distrustful of ambitious and large-scale judicial action. (shrink)

Europe's economic constitution is obviously affected in a very fundamental way. There is every reason to depart from an historical reconstruction of the origins of the economic constitution in the early 1920s, to consider its remarkable renaissance in postwar Germany, and to explore against this background its emigration to the European level of governance as well as its development and metamorphosis in the integration process. This chapter focuses on the Economic and Monetary Union (EMU), which, once hailed as (...) the crowning achievement of Europe's market building and the precursor of a more truly political Union, has become the epicenter of the present crisis. Ordoliberalism and the social‐market economy managed to coexist peacefully and dominated public opinion. The chapter also discusses the practices of Europe's crisis management and the specifics of the governance modes that they are generating. (shrink)

Many philosophers, following Williamson (The Philosophical Review 105(4): 489–523, 1996), Williamson (Knowledge and its Limits, Oxford, Oxford Univer- sity Press, 2000), subscribe to the constitutive rule account of assertion (CRAA). They hold that the activity of asserting is constituted by a single constitutive rule of assertion. However, in recent work, Maitra (in: Brown & Cappelen (ed). Assertion: new philosophical essays, Oxford, Oxford University Press, 2011), Johnson (Acta Analytica 33(1): 51–67, 2018), and Kelp and Simion (Synthese 197(1): 125–137, 2020a), Kelp and (...) Simion (in: Goldberg (ed) The Oxford Handbook of Assertion, Oxford, Oxford University Press, 2020b) aim to show that, for all the most popular versions of the constitutive rule of assertion proposed in the literature, asserting is not an activity constituted by a single constitutive rule and that therefore CRAA is very likely false. To reach this conclusion, they all present a version of what can be dubbed the engagement condition objection. That is, they each propose a necessary condition on engaging in rule-constituted activities. Then they argue that, for all the most popular versions of the constitutive rule of assertion proposed in the literature, one can make assertions without satisfying this condition. In response, I present a counterexample that shows that the proposed engagement conditions lead to coun- terintuitive results, and I propose an alternative that better captures our intuitions. Then I argue that this alternative engagement condition is compatible with all the most popular versions of the constitutive rule of assertion. (shrink)

This paper outlines a novel solution to the problem of the many and a conception of ordinary objects that implies it. The solution is that many collections of particles can simultaneously constitute a single object. The proposed conception of ordinary objects maintains that they are fundamentally subjects of change: the changes an object is able to survive explain its constitution.

Scholars have long recognized the importance of liberty in Milton's early prose, but they tend to center their analysis on republicanism. Although he would go on to express republicanism, Milton's early tracts tie liberty to English political and legal traditions rather than classical ones. Milton, in his early tracts, utilizes the language of the ancient constitution and the common law as he centers liberty on the property and bodies of English citizens, thus framing liberty in distinctly English terms. Additionally, (...) Milton's early prose accepts the power of the monarch, revealing Milton's initial commitment to the existing political structure. (shrink)

The theory of the separation of powers between a legislature, an executive and a judiciary is still the foundation of modern representative democracy. It was developed by Montesquieu and came to replace the older theory of the mixed constitution which goes back to Plato, Aristotle and Polybios: there are three types of constitution: monarchy, oligarchy and democracy; when institutions from each of the three types are mixed, an interplay between the institutions emerges that affects all functions of state: (...) legislation, implementation of laws and jurisdiction. Today Montesquieu's separation of powers is riddled with so many exceptions that it is an obstacle rather than a help to understand the structure of modern democracy. The mixed constitution deserves to be revived as a corrective to the prevailing view that Western states are pure democracies and that democracy is rule by the people. (shrink)

Marya Schechtman takes issue with analytic philosophy's emphasis on the first sort of question to the exclusion of the second.

In Plato's Laws, the Athenian Visitor says that the best constitution is a mixture of monarchy and democracy. This is the theoretical basis for the institutions of Magnesia, and it helps the citizens to become virtuous. But what is meant by ‘monarchy’ and ‘democracy’, and how are they mixed? I argue that the fundamental relations in Plato's discussion of constitutions are those of authority and equality. These principles are centrally about the extent to which citizens submit to the judgment (...) of an authority and the extent to which they decide for themselves respectively—the extent to which they are ruled by themselves or ruled by another. The institutions of Magnesia reflect these principles in practice and provide a more nuanced way to understand Plato’s assessment of democratic institutions. (shrink)

The nature and role of the patient in biomedicine comprise issues central to bioethical inquiry. Given its developmental history grounded firmly in a backlash against 20th-century cases of egregious human subjects abuse, contemporary medical bioethics has come to rely on a fundamental assumption: the unit of care is the autonomous self-directing patient. In this article we examine first the structure of the feminist social critique of autonomy. Then we show that a parallel argument can be made against relational autonomy as (...) well, demonstrating how this second concept of autonomy fails to take sufficiently into account an array of biological determinants, particularly those from microbial biology. Finally, in light of this biological critique, we question whether or to what extent any relevant and meaningful view of autonomy can be recovered in the contemporary landscape of bioethics. (shrink)

Probably written by a student of Aristotle, The Athenian Constitution is both a history and an analysis of Athens' political machinery between the seventh and fourth centuries BC, which stands as a model of democracy at a time when city-states lived under differing kinds of government. The writer recounts the major reforms of Solon, the rule of the tyrant Pisistratus and his sons, the emergence of the democracy in which power was shared by all free male citizens, and the (...) leadership of Pericles and the demagogues who followed him. He goes on to examine the city's administration in his own time - the council, the officials and the judicial system. For its information on Athens' development and how the democracy worked, The Athenian Constitution is an invaluable source of knowledge about the Athenian city-state. For more than seventy years, Penguin has been the leading publisher of classic literature in the English-speaking world. With more than 1,700 titles, Penguin Classics represents a global bookshelf of the best works throughout history and across genres and disciplines. Readers trust the series to provide authoritative texts enhanced by introductions and notes by distinguished scholars and contemporary authors, as well as up-to-date translations by award-winning translators. (shrink)

The disagreement between defenders and opponents of extended cognition is often framed in terms of constitution. The underlying principle of this discussion is what I will call the co-location principle: cognition is located where its constituents are located. The crucial question is under which conditions something is to be counted as a constituent of cognition. I will formulate three criteria of adequacy that an account of constitution must satisfy to be applicable to the dispute on extended cognition. I (...) will evaluate different accounts of constitution as to whether they satisfy the criteria of adequacy. Three different accounts of constitution can be identified in the literature on extended cognition, which I will call property-based constitution, diachronic constitution, and mechanistic constitution. I will show that none of the accounts satisfies all three criteria. Thus, the search for the mark of constitution does not seem to be a promising strategy for defending extended cognition. I will briefly sketch a new strategy of how to deal with this situation. (shrink)

The article examines the doctrine of thing in the “Metaphysics” created in the early 1330s by an original Franciscan theologian and philosopher Nicholas Bonetus. The article points to the historical-philosophical significance of this work. In the scholastic tradition, Bonetus’s “Metaphysics’ is argued to be one of the first large and independent treatises on metaphysics, i.e. it is not related to the tradition of commenting on Aristotle. It is also the first treatise in the history of philosophy under the title “Metaphysics”, (...) named so by the author himself. First, we present the biography of the author of the treatise and briefly characterize the structure of his four-part “Opus philosophicum”, as well as emphasize the importance of the division between metaphysics and natural theology, for the first time in the history of the scholastic tradition not only declared as a project, but also im­plemented by Bonetus. Secondly, we examine the place that book III of the “Meta­physics” occupies in Bonetus’s entire metaphysical treatise, and determine the two main themes of this book: the doctrine of res and the doctrine on distinctions and identities. Thirdly, through the analysis of the Ist and IIIrd books of “Metaphysics” we demonstrate the connection, opposition and partial coincidence of two fundamental concepts of Bone­tus's metaphysics: the concept of being as being and the concept of thing. Additionally, the leading meaning of the concept of a thing as a simul totum, that is, a single “consti­tuted whole” from metaphysical elements (formalities, quidditative and individual differ­encies, intrinsic modes, properties), is clarified. Finally, we analyze the relationship be­tween the doctrine of res and the doctrine on distinctions in Bonetus and explain how the doctrine of real and formal distinction and identity is subordinated to the goal of ana­lytics of the metaphysical “constitution of res” and is built into the treatise on the thing. This, in turn, allows us to conclude that the main difference between the “formalist trea­tise” on distinctions and identities (and this is exactly how the content of the IIIrd book of Bonetus’s “Metaphysics” was perceived in the subsequent Scotist tradition), in com­parison with the corresponding treatises of Francis of Meyronnes and Peter Thomae, is precisely the role of the ontological concept of a thing as a “metaphysical whole” or in­dividual in Bonetus that determines his understanding of “formalities”. (shrink)

In what sense is the U.S. Constitution binding on contemporary and future generations of Americans? This question was at stake in the fights over the nominations of Robert Bork and Clarence Thomas to the Supreme Court and in the extensive debate over 'original intent' carried on by Attorney General Edwin Meese and Chief Justice William Rehnquist, among others. This collection brings together ten leading philosophers, legal scholars, and political scientists representing a spectrum of opinions.

In what sense is the U.S. Constitution binding on contemporary and future generations of Americans? This question was at stake in the fights over the nominations of Robert Bork and Clarence Thomas to the Supreme Court and in the extensive debate over 'original intent' carried on by Attorney General Edwin Meese and Chief Justice William Rehnquist, among others. This collection brings together ten leading philosophers, legal scholars, and political scientists representing a spectrum of opinions.

The Constitution is considered as an informal axiomatic system. The strategy proposed by the authors rests on the following propositions: axioms are considered as contextual definitions of those concepts by means of which they are formulated; and the main requirement for this type of system is internal consistency. The first proposition is necessary for considering the Constitution as an informal axiomatic system, while the second is sufficient, because the approach proposed, apart from consistency, must certainly consider the requirements (...) for formal axiomatic systems, such as independence and completeness. The authors argue that the Constitution can be compared to axiomatic constructions in modern science in the sense that is given in the research on the logic and methodology of deductive sciences. This analogy is appropriate to the extent to which constitutional provisions are interpreted as the basic elements of the legal system, just as in the formal sciences axioms are regarded as basic principles that define the main features of the formal system. This means that the Constitution itself is seen as coherent, consistent discourse that contextually defines the meaning of the basic terms of the legal system. (shrink)

Is the European Constitution a modern version of political myth? The ample collection of European laws have become the normative basis for the functioning and existence of an enormous amount of different kinds of institutions. These laws particularly limit the power of State authority in the Member States. International law has taken on the character of external obligation, an issue that could be discussed elsewhere in the area of philosophical law, which precisely aims to cover this sphere of reality. (...) What are arguments for and against the description of a European order with reference to this concept? The aim of this article is to present European constitutional ideas and an analysis of the Draft of the Treaty establishing a Constitution for Europe from the point of view of the changes the European constitution has introduced into the discourse of philosophical law. (shrink)

What is the nature and role of competition in markets and politics? This book examines the institutional dimension of markets and the rules and institutions that condition the operation of market economies. Particular attention is paid to the the role of the state, specifically the role of governments in shaping and maintaining the economic constitution of their societies.

This article argues that Christine Korsgaard gives two accounts of maxims, the identity-priority account and the form-priority account. There is a tension between the accounts because Korsgaard's form-priority maxims account cannot function apart from the identity of a well-formed agent that precedes and tests maxims to determine if they should count as reasons or laws, and Korsgaard's identity-priority maxims account needs the form of the maxim to precede, bind, and constitute the well-formed agent. This tension mirrors the two sides of (...) what Korsgaard has called the “paradox of self-constitution.” The article concludes that Korsgaard's paradox of self-constitution leads to an arbitrariness that undermines the formation of moral laws. (shrink)

What does the Chilean Constitution say about euthanasia? When we read the Chilean Constitution we cannot find the word “euthanasia” in the text, and there is no such thing as a right to die, therefore the answer should apparently be that the Constitution does not say anything about euthanasia and, in short, euthanasia is not allowed. However, on a second reading we can find out some statements from which we can infer another answer. My aim is to (...) show that there is room for the acceptance of euthanasia in the Chilean Constitution, and in other similar Constitutions and international regulations in which freedom of conscience is granted. (shrink)

Summary The politeia established in Athens in 317 after a covenant between Cassander and Demetrius of Phalerum was variously described by ancient authors as a tyranny, an oligarchy, and a democracy. Even among modern scholars there is no agreement about its definition. A close study of the architecture of the so-called regime of Demetrius and a comparison with the almost contemporary constitution of Cyrene, imposed on the African town by Ptolemaeus I, lead us to characterize it as a mixed (...) constitution, which balanced elements from the three principal types of political organisation. This experiment had a strong impact on the Hellenistic and Roman political traditions, as testified by Cicero, who recalled Demetrius as the last great Athenian lawgiver and inventor of the blended constitution. (shrink)

The article focuses on the problem of constitutional symbolism in functionally differentiated societies and its relevance to legal, political, and moral systems. The first part analyses differences between the three systems and their constitutional context. The second part concentrates on the moral symbolic function of modern constitutions and its temporal dimension. It shows that the “good/bad” moral code of constitutions draws on expressive symbolism and transforms it into evaluative symbolism and dogma of morality. The final part analyses the prospective character (...) of modern constitution‐making and its symbolic selectivity regarding the past. The paper concludes by emphasising the systemic pluralisation effect of constitution‐making and the impossibility of constituting systems of “pure” law, morality, and politics. (shrink)

The OECD asserts that the role of endogenous growth theory is a key input to research underlying technological processes that enhance productivity. Within neo‐liberal accounts of governance there is a paradoxical explanation of the free self, firstly as one who exercises some type of choice, and secondly as a self constituted through the exercise of choice. Neo‐liberalism, however, does not provide a robust account of self constitution. Foucault's notion of Governmentality therefore is advanced as a more adequate account of (...) the political conditions of self constitution. (shrink)

Since Husserl, the task of developing an account of intentionality and constitution has been central to the phenomenological enterprise. Some of Merleau-Ponty's descriptions of ‘the flesh’ suggest that he gives up on this task, or, more strongly, that the flesh is in principle incompatible with intentionality or constitution. I show that these remarks, as in Merleau-Ponty's earlier writings, refer to the classical, early Husserlian interpretations of these concepts, and argue that the concept of the flesh can plausibly be (...) understood to advance a refined account of intentionality and constitution. Instead of a first-personal, unidirectional act or embodied motor project, intentionality is a latent openness to things, where the roles of subject and object are reversible. Whereas the view of constitution as meaning-bestowal is untenable, the flesh has a constitutive role, which is supported by a ‘constitutional passivity’ from the subject. On this reading, Merleau-Ponty's later work aims to develop basic tenets of his earlier thought, albeit at a critical distance, an attempt he thought was continuous with the central problems that Husserl claimed a phenomenological philosophy must grapple with, even if Merleau-Ponty's answers to these problems are not Husserl's. (shrink)

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

Practices – specific, recurrent types of human action and activity – are perhaps the most fundamental "building blocks" of social reality. This book argues that the detailed empirical study of practices is essential to effective social-scientific inquiry. It develops a philosophical infrastructure for understanding human practices, and argues that practice theory should be the analytical centrepiece of social theory and the philosophy of the social sciences. -/- What would social scientists’ research look like if they took these insights seriously? To (...) answer this question, the book offers an analytical framework to guide empirical research on practices in different times and places. The author explores how practices can be identified, characterised and explained, how they function in concrete contexts and how they might change over time and space. -/- The Constitution of Social Practices lies at the intersection of philosophy, social theory, cultural theory and the social sciences. It is essential reading for scholars in social theory and the philosophy of social science, as well as the broad range of researchers and students across the social sciences and humanities whose work stands to benefit from serious consideration of practices. (shrink)