This paper is a historical, legal and philosophical analysis of the concept of human dignity in German and Kenyan constitutional law. We base our analysis on decisions of the Federal Constitutional Court of Germany, in particular its take on life imprisonment and its 2006 decision concerning the shooting of hijacked airplanes, and on a close reading of the Constitution of Kenya. We also present a dialogue between us in which we offer some critical remarks on the concept of (...) human dignity in the two constitutions, each one of us from his own philosophical perspective. (shrink)

Since Kenya gained independence from Britain in 1963, women’s rights in the country have made slow gains and suffered some setbacks. However, the rights of women and their guaranteed participation in politics was outlined in Kenya’s 2010 Constitution. This paper will survey some of those gains as well as describe the social backlash experienced by women leaders who have been trailblazers in post-colonial Kenyan politics.

The epidemic of COVID-19 appears to be reshaping the world, separating before and after, present and past. Its perceived novelty raises the question of what role the past might play in the present epidemic and in responses to it. Taking the view that the past has not passed, but is present in is material and immaterial remains, and continuously emerging from these, we argue that it should not be studied as closed narration but through the array of its traces, which (...) constitute the texture of the present. To that end, and building on long-term ethnographic research on past and present epidemics in western Kenya, we assemble here some preliminary observations on the first weeks of COVID-19 in Kenya. We explore how the acute epidemic crisis currently unfolding is intertwined with layered fragments of earlier epidemic events, attending to material infrastructures, institutional practices, and ritual responses, to the presence of virally loaded bodies, pharmaceuticals, and their residues, and to the resurgence of often painful memories and emotions. People in this region have experienced a long century of epidemics and anti-epidemic measures of varying duration and intensity, from colonial and postcolonial sleeping sickness and smallpox to HIV/AIDS and more recently cancer, alongside actual or anticipated outbreaks of cholera and Ebola. This local perception of one long epidemic qualifies the notion of a radical temporal break that the COVID-19 pandemic is often associated with in European conversations. (shrink)

Background Increase in global health research undertaken in resource poor settings in the last decade though a positive development has raised ethical concerns relating to potential for exploitation. Some of the suggested strategies to address these concerns include calls for providing universal standards of care, reasonable availability of proven interventions and more recently, promoting the overall social value of research especially in clinical research. Promoting the social value of research has been closely associated with providing fair benefits to various stakeholders (...) involved in research. The debate over what constitutes fair benefits; whether those that addresses micro level issues of justice or those focusing on the key determinants of health at the macro level has continued. This debate has however not benefited from empirical work on what stakeholders consider fair benefits. This study explores practical experiences of stakeholders involved in global health research in Kenya, over what benefits are fair within a developing world context. Methods and results We conducted in-depth interviews with key informants drawn from within the broader health research system in Kenya including researchers from the mainstream health research institutions, networks and universities, teaching hospitals, policy makers, institutional review boards, civil society organisations and community representative groups. The range of benefits articulated by stakeholders addresses both micro and macro level concerns for justice by for instance, seeking to engage with interests of those facilitating research, and the broader systemic issues that make resource poor settings vulnerable to exploitation. We interpret these views to suggest a need for global health research to engage with current crises that face people in these settings as well as the broader systemic issues that produce them. Conclusion Global health research should provide benefits that address both the micro and macro level issues of justice in order to forestall exploitation. Embracing the two is however challenging in terms of how the various competing interests/needs should be balanced ethically, especially in the absence of structures to guide the process. This challenge should point to the need for greater dialogue to facilitate value clarification among stakeholders. (shrink)

The year 2013 has proved to have been a turning-point for the nation of Kenya in a number of ways. It was a year when Kenya chose peace rather than democracy, but insecurity rather than accountability, cooperation with East rather than West, and nationalism above free speech. The article focusses on two moments framed by the elections: the armed attack on the Westgate shopping mall, and the funeral of the previous Archbishop. The newly elected government utilized these events (...) to frustrate the International Criminal Court. It draws from eye-witness presence in addition to an analysis of print and other media, and it finds that peace and nation-building were bought at the price of insecurity and the aspirations that eventually inaugurated a new constitution. The churches were this time minor players, and with the death of David Gitari were shown almost bereft of the courageous spirit that had been the voice of disempowered Kenyans. (shrink)

Purpose: The purpose of the study was to investigate the impact of religion on values and behaviour in Kenya.Methodology: The paper adopted a desk top research design. The design involves a literature review of existing studies relating to the research topic. Desk top research is usually considered as a low-cost technique compared to other research designs.Results: Based on the literature review, the study concluded that religion has positive impact on values and behavior. The study further concludes that a belief (...) in fearful and punishing aspects of supernatural agents is associated with honest behavior, whereas a belief in the kind, loving aspects of gods is less relevant.Unique contribution to theory, practice and policy: The study recommended that policy makers should review policies involving religion by changing commonly held beliefs regarding the Constitution and religion. The study also recommended that religious leaders and parents take special care of the religious formation of children, especially during the transition period from childhood to adolescence, when they are most likely to lose their religious faith. (shrink)

National unity is important in Kenya, since ethnic divisions have sometimes become deadly. The imposed Coalition government and the recent new Constitution in 2010 were attempts to overcome division. But cultural divisions among the generations are just as much of a challenge as ethnic divisions, as the youth sometimes sideline the practices and worldviews of their elders, leaving people to wonder what binds people to each other as Kenyans? The idea of “national culture” has its pitfalls, bit seems (...) necessary nevertheless, as explained by Frantz Fanon, Ngugi wa Thiong’o, Okot ‘Bitek, and H. Odera Oruka. This article explores how ideas of “Kenyanness” have developed since Kenyan independence and the rejection of colonized mentality and education. Odera Oruka’s advocacy of “Sage Philosophy” as a project to pull Kenyans together, and more recent academics’ attempts to encourage civic education by articulating core Kenyan values are explored in depth. These scholarly and artistic efforts at describing or encouraging common identity are contrasted to efforts by the Ministry of Culture to construct (and “sell”) Kenya culture to tourists as a commodity. (shrink)

The conservation of in situ crop diversity is a key issue to ensure food security. Understanding the processes that shape it is crucial for efficiently managing such diversity. In most rural societies, crop diversity patterns are affected by farmers’ practices of seed exchange, transmission, and selection, but the role of social organization in shaping those practices has been overlooked. This study proposes an ecological anthropology approach to investigate the relation between crop diversity patterns and the social organization of Tharaka farmers (...) in Kenya. The Tharaka are organized in neighborhood-groups, clans, and age-sets. We quantified the influence of these three major social institutions on crop diversity patterns, for both crop species and sorghum landraces. General linear models were used to test the relations between crop species richness and each social factor, while the crop species and sorghum landraces compositions of cropping systems were compared separately through a between-class correspondence analysis. Crop species and sorghum landraces are not randomly distributed among farms, and neighborhood-groups constitute a significant factor organizing crop diversity at both specific and infraspecific levels. Adjacent neighborhood-groups present significantly different crop richness and composition. The results for species were consistent with those obtained for sorghum landraces, confirming that crop diversity was socially structured. The influence of social organization on seed networks and selection processes is discussed. (shrink)

The significance of value-based education in character development and inculcation of ethical citizenship attitudes in Kenyan schools cannot be overemphasized. In the recent past, cases of unethical behaviour among primary school-going children and those who have graduated from this important segment of education have been on the rise, despite the various interventions by the Kenyan government to integrate value concerns in the curriculum. Since 2020, there has been a sharp increase in the cases of student-led arsons in learning institutions in (...) Kenya. From independence, the government of Kenya adopted an indirect approach of value education that advocates for integration of values within regular curriculum. This strategy seems ineffective owing to an increase in the cases of indiscipline among learners. This study seeks to examine the application of Philosophy for Children (P4C) as the architecture for implementing value-based education and the realization of Chapter Six of the Constitution of Kenya because the values thatP4C aims to nurture are highly consistent with those of the Kenyan Constitution. Through P4C, the Kenyan Education system can achieve its goal of preparing responsible and ethical citizens of high moral integrity. Chapter Six of the Kenyan Constitution has laid the cornerstone principles of Leadership, Integrity and elements of ethical citizenship. It dictates the code of conduct for state officers and responsible citizenry. Through the Competency-Based Curriculum (CBC), the Ministry of Education seeks to inculcate these principles in the learners at an early age. (shrink)

In this essay, I argue that the destruction or hiding of archives can cause long-lasting epistemic harms and constitute complex ethical challenges. The case of Kenya’s ‘migrated archives’ is argued to be an example of how actions in the past can have long-lasting epistemic consequences and can cause contemporary epistemic injustices and harms related to one’s knowledge of the past. The perpetrators of such harms and injustices are argued to have a backward-looking epistemic responsibility and to be liable to (...) make epistemic amends. The practice of acknowledgement is suggested as one possible way to make effective epistemic amends. I argue that making effective epistemic amends would constitute a step towards addressing epistemic harms and injustices related to our knowledge of the past. However, it is important to remember that this would only constitute one out of many necessary steps in addressing epistemic injustice and that further individual, institutional and ideological changes are necessary. (shrink)

Purpose: The primary objective of this study was to determine the role of church in state and public affairs during the Kibaki Era, 2002-2013Methodology: The methodology employed in this study was qualitative in nature. The study relied mainly on the analysis of an existing dataset from secondary sources. The data was gathered from technical reports, scholarly journals, reference books, past sermons, church publications, official and unofficial doctrine, theologies and from the Kenya National Archives in Nairobi. Other sources of data (...) collection for the study included official statistics collected by government and the various agencies, bureaus and departments. The target population for this study was the mainland churches in Kenya and the role these churches played in state and public affairs in Kenya between 2002 and 2007.Results: The Kibaki era has been characterized by many an events that have attracted by far and wide the attention of the clergy. In 2005, the most significant development of the 2005 constitutional referendum is not the defeat of the draft, but the emergence of strains and tensions not just between Christians and Muslims, but also between church and state. Another significant development was the fact that the mainline clergy were increasingly viewed as partisan and divided along ethnic lines and serving narrow political interest depending on the ethnic group to which its leaders belonged. The prophetic role and voice of the church to act as the conscience of society was lost, and the church did nothing to evaluate its own role even after the people voted to soundly reject the draft constitution.Unique contribution to Theory, Practice and Policy: The study recommended that the government should put in place laws that would involve the church in government matters. This can be done by introducing motions into parliament that advocate for the direct involvement of the church. This would involve laws which ensure that a portion of all members sitting in any committee represents the church. This can also be done by the introduction of electoral posts for church representatives just as there are positions for women representatives. The study also recommends that amendments be made to the constitution to make a legal requirement that one of the nominated MPs must be from the church. (shrink)

Ongoing global efforts to circumcise adolescent and adult males to reduce their risk of acquiring HIV constitute the largest public health prevention initiative, using surgical means, in human history. Voluntary medical male circumcision (VMMC) programs in Africa have significantly altered social norms related to male circumcision among previously non-circumcising groups and groups that have practiced traditional (non-medical) circumcision. One consequence of this change is the stigmatization of males who, for whatever reason, remain uncircumcised. This paper discusses the ethics of stigma (...) with regard to uncircumcised adolescent males in global VMMC programs, particularly in certain recruitment, demand creation and social norm interventions. Grounded in our own experiences gained while conducting HIV-related ethics research with adolescents in Kenya, we argue that use of explicit or implicit stigma to increase the number of VMMC volunteers is unethical from a public health ethics perspective, particularly in campaigns that leverage social norms of masculinity. Ongoing global efforts to circumcise adolescent and adult males to reduce their risk of acquiring HIV constitute the largest public health prevention initiative, using surgical means, in human history. VMMC programs in Africa have significantly altered social norms related to male circumcision among previously non-circumcising groups and groups that have practiced traditional (non-medical) circumcision. One consequence of this change is the stigmatization of males who, for whatever reason, remain uncircumcised. This paper discusses the ethics of stigma with regard to uncircumcised adolescent males in global VMMC programs, particularly in certain recruitment, demand creation and social norm interventions. Grounded in our own experiences gained while conducting HIV-related ethics research with adolescents in Kenya, we argue that use of explicit or implicit stigma to increase the number of VMMC volunteers is unethical from a public health ethics perspective, particularly in campaigns that leverage social norms of masculinity. (shrink)

Motor learning is the process of updating motor commands in response to a trajectory error induced by a perturbation to the body or vision. The brain has a great capability to accelerate learning by increasing the sensitivity of the memory update to the perceived trajectory errors. Conventional theory suggests that the statistics of perturbations or the statistics of the experienced errors induced by the external perturbations determine the learning speeds. However, the potential effect of another type of error perception, a (...) self-generated error as a result of motor command updates, on the learning speeds has not been examined yet. In this study, we dissociated the two kinds of errors by controlling the perception of the aftereffect using a channel-force environment. One group experienced errors due to the aftereffect of the learning process, while the other did not. We found that the participants who perceived the aftereffect of the memory updates exhibited a significant decrease in error-sensitivity, whereas the participants who did not perceive the aftereffect did not show an increase or decrease in error-sensitivity. This suggests that the perception of the aftereffect of learning attenuated updating the motor commands from the perceived errors. Thus, both self-generated and externally induced errors may modulate learning speeds. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Strangers in the Land: Blacks, Jews, Post-Holocaust AmericaKeith P. Feldman (bio)Eric J. Sundquist. Strangers in the Land: Blacks, Jews, Post-Holocaust America. Cambridge, MA: Harvard UP, 2005. 662 pp.Strangers in the Land: Blacks, Jews, Post-Holocaust America provides a wide-ranging, rich, and nuanced cultural history of what Eric J. Sundquist terms the "black-Jewish question" (2). In doing so, the book serves as both culmination and corrective to an already-expansive scholarly (...) literature on blacks and Jews generated since the late 1960s. Much of this scholarship has operated within a U.S.-centered paradigm to chart interethnic relations, laboring as it does to unpack, complicate, theorize, and otherwise come to understand the changing texture of black-Jewish relations and, in Sundquist's wods, its "intermixture of empathy, anxiety, and Hostility' (3)." Strangers in the Land stretches this paradigm to its limit, even as the diasporic imaginaries treated therein persistently escape a U.S. national imaginary and signal other possibilities for conceptualizing this tense and tender history.In its five hundred–plus pages of text, one hundred–plus pages of endnotes, and countless detailed footnotes (that are themselves illustrative and evocative), Sundquist has assembled a voluminous archive of textual material to show how works of the imagination by blacks and Jews have been "produced in a dynamic, multilayered historical matrix" that reveals the paradoxes of American liberalism (9). From the well-known and well-trodden (novels by Bellow, Roth, Malamud, and Morrison all play key roles) to the newly discovered and underappreciated (John A. Williams's Sons of Darkness, Sons of Light; Paule Marshall's The Chosen Place, the Timeless People; Gloria Naylor's Bailey's Café; William Melvin Kelley's A Different Drummer; Jon Michael Spencer's Tribes of Benjamin; Lore Segal's Her First American), Sundquist's careful historicism reveals how works of the imagination can serve as both microscopic and telescopic lenses through which to examine the vicissitudes of what he calls black and Jewish "interdependent self-conceptions" in the United States (5).Along with addressing a thick textual archive with subtlety and patience, Sundquist's major analytical innovation is that, unlike many of his predecessors, which frequently [End Page 63] positioned their analyses within the scarred domestic terrain of post–civil rights polarization, Sundquist's voracious curiosity dwells in the archive's heterogeneous details, allowing him to linger in examples that routinely exceed the simple polarization of blacks and Jews. The complex racial geography of New York boroughs and greater Chicagoland, for instance, is overlaid by Auschwitz and Egypt and Jerusalem, Ghana and Kenya and the Caribbean. In these settings, Sundquist spends time with figures only glimpsed in passing in other works: Arab Jews, Afro-Zionists, and anti-Zionists; Jews and Black Jews; Black Panthers, Israeli Black Panthers, Holocaust survivors, Holocaust deniers, Black Power advocates, and their Jewish Power doppelgangers. In a lengthy meditation on Harper Lee's To Kill a Mockingbird, Sundquist charts the novel's refractions of the problem of American racial equality in the wake of the Holocaust. Similarly, the careful readings of novels by Naylor, Williams, Spencer, and Kelley exemplify the rich results of Sundquist's method.This deeply historicist and intertextual project echoes Sundquist's 1993 epic work To Wake the Nations: Race in the Making of American Literature, which strenuously and quite effectively demonstrated how African American literature is constitutive of American literature, and not merely a minor subset of it. If this earlier work revealed the continued paradox of racial slavery in American conceptions of democracy, Strangers in the Land serves as something of a sequel. The book places another massive racial project, the systematic genocide of Europe's Jews, at the heart of twentieth-century American life. "The Holocaust," writes Sundquist, "became the benchmark against which at least one other case, African American slavery and its aftermath, has been judged" (6). By placing Jewish genocide at the center of his analysis, Sundquist importantly reminds us of the conclusion reached almost simultaneously by both Hannah Arendt and Aimé Césaire, that the Nazi racial project had its ideological origins in nineteenth-century European imperialism, and that this legacy bears indelibly on the present... (shrink)

Purpose This paper aims to expose the challenges facing the attempt by Jamaica to introduce a new digital ID system without adequate regard to public consultation and the rights of citizens. Design/methodology/approach The method used is critical text analysis and policy analysis, providing background and relevant factors leading up to the legislative changes under review. Extensive literature sources were consulted and the relevant sections of the Jamaican constitution referenced and analysed. Findings The case study may have national peculiarities not (...) applicable in other jurisdictions. Its introduction acknowledges that the Jamaican Government may amend and re-submit the legislation, absent the flawed clauses. The paper however will remain valid given its detailed analysis and exposure of risks associated with biometric data collection, face recognition technology and data storage flaws. Practical implications It will be a practical example of the risks associated with flawed biometric data collection and the role of Courts in reviewing such legislation. Referrals to the Courts can be used as a remedy, as occurred not only in Jamaica but also in many other jurisdictions, including India and Kenya. Social implications The paper foregrounds the rights of citizens to be consulted on the collection and storage of their sensitive biometric data. The social implications and risks of violating the constitutional rights of citizens were made evident, and can be an example to other jurisdictions. Originality/value The paper is the first of its kind to provide detailed data and analysis on an outright rejection by the Courts of a country's ID legislation on grounds that it violated the constitution and rights of citizens. It shows the ethical and social challenges in proposing and implementing legislation without adequate public consultation on such sensitive matters as biometric data. It also exposes some of the challenges of artificial intelligence and face recognition technologies in ID data collection, including flaws related to race, gender and coding. (shrink)

It is dwelling that allows mortals to initiate themselves in time and space. As such, dwelling constitutes the event of being. In his essay “Building Dwelling Thinking,” Martin Heidegger stipulates that dwelling can only be achieved through harmonious relations among the constituents, earth, sky, mortals and gods, of the “fourfold.” Heidegger writes, “To preserve the fourfold, to save the earth, to receive the sky, to await the divinities, to initiate mortals – this fourfold preserving is the simple essence of dwelling.” (...) Initiating themselves in time and space is the great difficulty that the residents of Ilmorog, the remote village in postcolonial Kenya in which Ngugi wa Thiong’o’s novel Petals of Blood is set, experience; in Petals of Blood, dwelling is what defines mortals’ being. (shrink)

In this paper, we examine the ethico-legal issue of P2P file sharing and copyright infringement in two different countries - Japan and Sweden - to explore the differences in attitude and behaviour towards file sharing from a socio-cultural perspective. We adopt a comparative case study approach focusing on one Japanese case, the Winny case, and a Swedish case, the Pirate Bay case. Whereas similarities in attitudes and behaviour towards file sharing using P2P software between the two countries are found in (...) this study, the Swedish debate on file sharing has been coloured by an ideological and political dimension, which is absent in the Japanese context. This might indicate that Swedes have been more interested in issues of right and wrong, and the creation of political subject of piracy, while the Japanese are more interested in their own individual well being. (shrink)

1891. The recovered manuscript of Aristotle's Constitutional History of Athens, now for the first time given to the world from the unique text in the British...

The purpose of this paper is to critically examine the endangered status of the concept of citizenship. The methodology employed consists of textual analysis and philosophical argumentation. The main findings of the paper are: The boundary of the meaning of citizenship keeps changing. Citizenship constitutes one of the most worrisome sources of conflict in modern states. There is no objectively correct interpretation of citizenship, both in its historical and contemporary understanding.The conclusion drawn from the findings is that various factors, especially (...) the multicultural character of most contemporary societies, are impinging on the possibility of developing a theory of citizenship that is universally applicable and globally acceptable. (shrink)

Can we understand what makes someone the same person without understanding what it is to be a person? Prereflectively we might not think so, but philosophers often accord these questions separate treatments, with personal-identity theorists claiming the first question and free-will theorists the second. Yet much of what is of interest to a person—the possibility of survival over time, compensation for past hardships, concern for future projects, or moral responsibility—is not obviously intelligible from the perspective of either question alone. Marya (...) Schechtman encourages us to adopt a more unified perspective. (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.

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

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)

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.

The first part of this paper finds Craver’s (2007) mutual manipulability theory (MM) of constitution inadequate, as it definitionally ties constitution to the feasibility of idealized experiments, which, however, are unrealizable in principle. As an alternative, the second part develops an abductive theory of constitution (NDC), which exploits the fact that phenomena and their constituents are unbreakably coupled via common causes. The best explanation for this common-cause coupling is the existence of an additional dependence relation, viz. (...) class='Hi'>constitution. Apart from adequately capturing the essential characteristics of constitution missed by MM, NDC has important ramifications for constitutional discovery—most notably, that there is no experimentum crucis for constitution, not even under ideal discovery circumstances. (shrink)

This paper explores Husserl's phenomenological description of the constitution of the alter ego within the sphere of transcendental subjectivity. It is important at the start to point out that the Other plays a crucial role in securing the intersubjective nature of the experienced world. Although Husserl goes on in the "Fifth Cartesian Meditation" to consider the constitution of an objective world common to all subjects and the establishment of a community of monads, my primary focus in this paper (...) will be the examination of the initial steps whereby the sense, "other ego," is constituted by the transcendental ego. My main task, then, will be to examine the reduction to the sphere of ownness, the appresentative transfer of sense from ego to alter ego, and the criterion of harmonious behavior. My primary criticisms will center around certain difficulties inherent in the attempt to uncover a primordial sphere of ownness and problems that arise from a shift in concern from the life-world (everyday) attitude to the attitude following the performance of the epoché. Part I of the paper will consist of a general discussion of Husserl's phenomenological project, Part II will be a detailed study of the alter ego, and Part III a general statement of problems and objections. (shrink)

America, and the postmodern West in particular, are experiencing a moral and intellectual crisis, according to E. Robert Statham, Jr. In The Constitution of Public Philosophy, Statham argues that Walter Lippman was correct in locating this crisis in the impoverished nature of public philosophy, and he attempts to constitute a role for reason in contemporary America. Statham suggests that the negative rule of law via a written constitution requires the positive rule of reason, or political philosophy, in order (...) to flourish. (shrink)

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Agency and identity -- Necessitation -- Acts and actions -- Aristotle and Kant -- Agency and practical identity -- The metaphysics of normativity -- Constitutive standards -- The constitution of life -- In defense of teleology -- The paradox of self-constitution -- Formal and substantive principles of reason -- Formal versus substantive -- Testing versus weighing -- Maximizing and prudence -- Practical reason and the unity of the will -- The empiricist account of normativity -- The rationalist account (...) of normativity -- Kant on the hypothetical imperative -- Against particularistic willing -- Deciding and predicting -- Autonomy and efficacy -- The function of action -- The possibility of agency -- Non-rational action -- Action -- Attribution -- The psychology of action -- Expulsion from the garden : the transition to humanity -- Instinct, emotion, intelligence, and reason -- The parts of the soul -- Inside or outside -- Pull yourself together -- The constitutional model -- Models of the soul -- The city and the soul -- Platonic virtues -- Justice : substantive, procedural, and platonic -- Kant and the constitutional model -- Defective action -- The problem of bad action -- Being governed by the wrong law -- Or five bad constitutions -- Conceptions of evil -- Degrees of action -- Integrity and interaction -- Deciding to be bad -- The ordinary cases -- Dealing with the disunified -- Kant's theory of interaction -- My reasons -- Deciding to treat someone as an end in himself -- Interacting with yourself -- How to be a person -- What's left of me? (shrink)

Musical Platonists identify musical works with abstract sound structures but this implies that they are not created but only discovered. Jerrold Levinson adapts Platonism to allow for creation by identifying musical works with indicated sound structures. In this paper I explore the similarities between Levinson's view and Kit Fine's theory of qua objects. Fine offers the theory of qua objects as an account of constitution, as it obtains, for example, between a statue and the clay the statue is made (...) out of. I argue that Fine's theory does not adequately characterize the constitution relation and that the problems it faces extend to Levinson's account of musical works as indicated structures. I develop an alternative theory of constitution, based on the notion of being made out of. This approach to constitution enables me to offer an account of musical works as abstract objects that are constituted by sound structures. I argue that my account has several advantages over the Levinson/Fine approach. (shrink)

The purpose of this volume is to help develop, through a variety of exploratory essays, the art and science of institutional design. The authors look at a variety of good societies as artifacts, as products—at least partly—of design, and consider how such societies can be crafted. They identify themselves with the New Constitutionalism movement, which aims to develop and promote the knowledge necessary for institutional reform and institutional creation through understanding the designer's, creator's, founder's, or reformer's perspective. The first part (...) of the volume considers some of the boundaries of what is humanly possible in politico-economic designs and the role in them of deliberation and the processes of adapting to limits. The second part considers different ways of exercising constitutionalist judgment analyzing a variety of cases, including general visions of the good society. Looking at whole societies, and at complexes of institutions, complements and informs the picture of the institutional microscale. Understanding the microscale, on the other hand, often makes the difference between empty slogans and realistic political proposals. Contributors are Karol Edward Soltan, Elinor Ostrorn, Viktor J. Vanberg, James lvi. Buchanan, John S. Dryzek, Charles 'X". Anderson, Stephen U. Elkin, Car Alperovirz, and Philip Green. (shrink)

This article argues that women’s human rights were and are being violated in Afghanistan regardless of who governs the country: Kings, secular rulers, Mujahideen or Taliban, or the incumbent internationally backed government of Karzai. The provisions of the new constitution regarding women’s rights are analysed under three categories: neutral, protective and discriminatory. It is argued that the current constitution is a step in the right direction but, far from protecting women’s rights effectively, it requires substantial revamping. The constitutional (...) commitment to international human rights standards seems to be a hallow slogan as the constitution declares Islam as a state religion which clearly conflicts with women’s human rights standards in certain areas. The Constitution has empowered the Supreme Court to review whether human rights instruments are compatible with Islamic legal norms and, in case of conflict, precedence will be given to Islamic law. Keeping this in view, it is argued that Afghanistan’s ratification of the Women’s Convention without reservations has no real significance unless Islamic law dealing with women’s rights is reformed and reconciled with international women’s rights standards. (shrink)

Ethnographic study of the constitution of algorithms.

Why be moral? According to constitutivism, there are features constitutive of agency, actual or ideal, the properties of which explain why moral norms are normative for us. I aim to investigate whether this idea is plausible. I start off critically. After defining constitutivism and outlining its attractions and problems (chapter 1), I discuss the theories of various features of agency that are supposed to ground morality according to the leading constitutivists in the literature. I find these theories wanting. They are (...) based on implausible assumptions about agency (chapter 2), and they fail to make sense of moral (and other) norms because the so-called shmagency objection, according to which we can shirk from our normative commitments by being ‘shmagents’ rather than agents, appears in new ways for them (chapter 3). Then I get more constructive. I defend a two-tiered form of constitutivism. The first tier captures practical rationality, and the second tier captures reasons for action. Starting with the first tier, I defend a Humean theory of agency (chapter 4) and add a principle of instrumental rationality to it (chapter 5). Appendices A and B supplement these chapters with replies to criticisms of the Humean picture. In chapters 6 and 7, I put this conception of agency to work to reach the second tier of the view. I start by defending a form of reasons internalism which treats practical reasons as grounded in the desires of ideal agents (chapter 6). Then I extend this theory to moral reasons, arguing – unexpectedly for a Humean – that we have universally prescriptive reasons to cooperate with other cooperative agents to satisfy our other respective desires (chapter 7). Hence, the constitutive features of ideal agency ground a morality of cooperation. I conclude by summarizing the case for constitutivism (chapter 8). (shrink)

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

It has become an academic self-evidence that space can only inadequately be conceptualized as a material or earth-bound base for social processes. This could commend a theoretical view of space as the outcome of action, which brings both social production practices and bodily deployment into focus. The action-theoretical perspective allows the constitution of space to be understood as taking place in perception. Not only are things alone perceived but also the relations between objects. This article develops a space-theoretical concept (...) according to which space is constituted through acts as the outcome of synthesis and positioning practices. This opens up a theoretical perspective defining atmospheres as an external effect, instantiated in perception, of social goods and human beings in their situated spatial order/ing. Exclusion and inclusion are accordingly comprehended in terms of perception of the attunement of places. With reference to Anthony Giddens, this article discusses how space can be understood as a duality of structural ordering and action elements. (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)

The Constitution of Independence is a contribution to the newly rejuvenated subject of comparative Commonwealth constitutional law, politics, and history. In Australia, Canada, and New Zealand, a series of fascinating developments have been under way for more than a decade, characterized by independent thinking, experimentation, and cross-Commonwealth borrowing of constitutional ideas. These include the final termination of constitutional ties with the United Kingdom Parliament and the emergence of controversial issues including variably entrenched or implied rights and freedoms; wide-ranging claims (...) by indigenous peoples; republicanism; and assertions of national, popular, and sectional sovereignty.This book explores the development of constitutional thinking in Australia, Canada, and New Zealand from early domination by Imperial ideas, through the adoption of the Statute of Westminster and the contemplation of severing Imperial connections, to irreversible acquisition of constitutional independence in the 1980s. This book focusses primarily on sovereignty and the legal system, concepts which are also central to contemporary constitutional theory in Europe and the United States. The book closes with an evaluation of recent varied and often contradictory accounts of the constitutional foundations of Australia, Canada, and New Zealand, which depict a wide range of scenarios: from constitutional continuity and respect for the rule of law, to popular sovereignty and disguised revolution. Oliver argues that explanations of constitutional independence are characterized by their reliance on independent, country-specific constitutional thinking that evolved over the last century. on. (shrink)

The ‘causal-constitution’ fallacy, the ‘cognitive bloat’ worry, and the persisting theoretical confusion about the fundamental difference between the hypotheses of embedded (HEMC) and extended (HEC) cognition are three interrelated worries, whose common point—and the problem they accentuate—is the lack of a principled criterion of constitution. Attempting to address the ‘causal-constitution’ fallacy, mathematically oriented philosophers of mind have previously suggested that the presence of non-linear relations between the inner and the outer contributions is sufficient for cognitive extension. The (...) abstract idea of non-linearity, however, can be easily misunderstood and has, in the past, led to incorrect and counterintuitive conclusions about what may count as part of one’s overall cognitive system. In order to prevent any further mistakes I revisit dynamical systems theory to study the nature of the continuous mutual interactions that give rise to the aforementioned non-linear relations. Moreover, focusing on these interactions will allow us to provide two distinct arguments in support of the ontological postulation of extended cognitive systems, as well as an objective criterion of constitution. Accordingly, I put forward a version of HEC that treats continuous mutual interactions (and the resultant non-linear relations) not just as sufficient but also as necessary for cognitive extension. Such a qualified version of HEC may exclude certain alleged cases of cognitive extension where the agent does not mutually interact with his artifacts (e.g., shopping lists and directory services), but it is immune both to the ‘causal-constitution’ fallacy and the ‘cognitive bloat’ worry, and it can be sharply distinguished from HEMC. (shrink)

Today the question of the moral foundations of democracy is more important then ever. In this book the author helps to explain when and why democracy is important and also gives us guidance as to how democracies ought to be shaped.

Through the work of philosophers like Sellars, Davidson and McDowell, the question of how the mind is related to the world has gained new importance in contemporary analytic philosophy. This book demonstrates that Husserl's phenomenological analyses of the structure of consciousness can provide fruitful insights for developing an original approach to these questions.

Theoria, Volume 87, Issue 1, Page 87-108, February 2021.

Christine M. Korsgaard is one of today's leading moral philosophers: this volume collects ten influential papers by her on practical reason and moral psychology ...

In this paper, I present the difficulty in the phenomenology of explaining the constitution of objectivities in consciousness. In the context of phenomenological reduction, constitution has to be understood as unveiling the universal and necessary essences. Recognized by Husserl in Ideas I and named as functional problems, the constitution of objectivities refers at first to individual consciousness, and then to an intersubjective one. In Ideas II, the phenomenologist explains how the constitution of nature, psyche, and spirit (...) occurs. This process begins by assuming three premises: the ontological realism, the regularity of nature, and the transcendental idealism. In this process, the ego, apart from constituting objects (the body, the psyche, and the others), constitutes itself. The objects of material reality are constituted through aesthetic synthesis which unifies singularities and contextualizes the lived experience. The body, as a perceptive organ, perceives the exterior, and the location of the sensory stimulus is the soul. The soul is a real and transcendent object, which is linked to physical things that are constituted in a solipsistic way or intersubjectively. Empathy allows the subject to recognize the consciousness of the alter ego as capable of spontaneous movements and actions, a co-presence sharing the same horizons. Thus, through the theoretical attitude, the physical world is perceived, and through the spiritual attitude the spiritual world is perceived, a living world shared by free intelligent beings. For this, intersubjectivity fulfills a fundamental role, because only in the relationship with the other does the identity of the objects, of the other, and of the self become evident. (shrink)

In this paper, I present the difficulty in the phenomenology of explaining the constitution of objectivities in consciousness. In the context of phenomenological reduction, constitution has to be understood as unveiling the universal and necessary essences. Recognized by Husserl in Ideas I and named as functional problems, the constitution of objectivities refers at first to individual consciousness, and then to an intersubjective one. In Ideas II, the phenomenologist explains how the constitution of nature, psyche, and spirit (...) occurs. This process begins by assuming three premises: the ontological realism, the regularity of nature, and the transcendental idealism. In this process, the ego, apart from constituting objects (the body, the psyche, and the others), constitutes itself. The objects of material reality are constituted through aesthetic synthesis which unifies singularities and contextualizes the lived experience. The body, as a perceptive organ, perceives the exterior, and the location of the sensory stimulus is the soul. The soul is a real and transcendent object, which is linked to physical things that are constituted in a solipsistic way or intersubjectively. Empathy allows the subject to recognize the consciousness of the alter ego as capable of spontaneous movements and actions, a co-presence sharing the same horizons. Thus, through the theoretical attitude, the physical world is perceived, and through the spiritual attitude the spiritual world is perceived, a living world shared by free intelligent beings. For this, intersubjectivity fulfills a fundamental role, because only in the relationship with the other does the identity of the objects, of the other, and of the self become evident. (shrink)