This article explores the various senses in which the framers of the Constitution were motivated by a pragmatist philosophical framework, and how this pragmatism influenced their vision of the best interests of the American economic system. We argue that, on various grounds, the framers would have disapproved of the excessive regulation that characterizes the current business environment.

Nursing claims a significant history of engaging philosophical inquiry. To better understand the rationale for this engagement, and what nursing understands itself to achieve through philosophical inquiry, we conducted an interpretive synthesis of the recent nursing literature to identify what nurses are doing when they say they are doing philosophy. The overarching finding was that while vanishingly few articles articulated any definition of philosophy, the synthesis showed how nursing considers philosophical engagement a generative mode for asking and answering (...) questions in/for nursing. Whatever aspects of nursing were focused on in these articles, and they were myriad, philosophy was invoked as an appropriate modality to work through that aspect rigorously, critically, and with an expectation that something “knowledgeable” would result from the effort. Based on the synthesis, we conclude that nursing philosophy could be considered a specific modality of nursing practice by which nursing is both done and delineated, a discursive practice in which we continually assess and explore and adapt and advance our understanding of the discipline in service to advancing our unique efficacy. This definition of “nursing philosophy” provides an opening for further inquiry helping to illuminate its functionalities and potentialities for outputs that can facilitate rigorous practice, education, and scholarship. (shrink)

Standard philosophical methodology which proceeds by appeal to intuitions accessible "from the armchair" has come under criticism on the basis of empirical work indicating unanticipated variability of such intuitions. Loose constitutivity---the idea that intuitions are partly, but not strictly, constitutive of the concepts that appear in them---offers an interesting line of response to this empirical challenge. On a loose constitutivist view, it is unlikely that our intuitions are incorrect across the board, since they partly fix the facts in question. But (...) we argue that this ratification of intuitions is at best rough and generic, and can only do the required methodological work if it operates in conjunction with some sort of further criteria of theory selection. We consider two that we find in the literature: naturalness (Brian Weatherson, borrowing from Lewis) and charity (Henry Jackman, borrowing from Davidson). At the end of the day, neither provides the armchair philosopher complete shelter from extra-armchair inquiry. (shrink)

This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a "force for good" but rather subjects them to critical scrutiny against (...) a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government. (shrink)

Perhaps one of the most controversial aspects of Hegel's Philosophy of Right for contemporary interpreters is its discussion of the constitutional monarch. This is true despite the general agreement amongst virtually all interpreters that Hegel's monarch is no more powerful than modern constitutional monarchs and is an institution worthy of little attention or concern. In this article, I will examine whether or not it matters who is the monarch and what domestic and foreign powers he has. I (...) argue against the virtual consensus of recent interpreters that Hegel's monarch is far more powerful than has been understood previously. In part, Hegel's monarch is perhaps even more powerful than Hegel himself may have realized and I will demonstrate certain inconsistencies with some of his claims. My reading represents a distinctive break from the virtual consensus, without endorsing the view that Hegel was a totalitarian. (shrink)

This book examines the conceptual contributions of constituent representatives in Spain during the nineteenth and twentieth centuries. The Spanish Parliament has been the stage for the political modernisation of the country. Constitutional debates have historically led to the gradual acknowledgement and broadening – usually unevenly – of citizens’ rights. At the same time, constitutional debates have created opportunities to design institutions and settle legal mechanisms to enforce rights and distribute state resources. The book identifies and analyses rhetorical and (...) conceptual innovations produced in such debates from a historical perspective. (shrink)

Events in both Eastern Europe and the former USSR illustrate the intimate connection between economic and political processes. Those events also remind us that political and economic institutions are human creations, and that when those institutions are poorly designed, political-economic failure is a direct consequence. It is axiomatic, then, that the transition to stable and prosperous societies in those former Communist states requires careful attention to the design and implementation of democratic institutions.

I argue that monarchies, in any possible form (absolute or constitutional), should be abolished once and for all. This is because of the deeply immoral presuppositions such a system of government upholds (implicitly or explicitly). Call this _‘the moral argument against monarchy’_. I identify three basic moral principles that monarchy by definition breaches: ‘the basic moral equality principle’, ‘the basic dignity principle’ and ‘the basic moral desert principle’. Finally, I examine and reply to three objections, including the common objection (...) that constitutional monarchy should not be abolished because it is pragmatically useful. (shrink)

The aim of the paper is that of discussing some recent antipositivist theses, with specific reference to the arguments that focus on the alleged incapability of legal positivism to understand and explain the complex normative structure of constitutional states. One of the central tenets of legal positivism (in its guise of “methodological” or “conceptual” positivism) is the theory of the separation between law and morality. On the assumption that in contemporary legal systems, constitutional law represents a point of (...) intersection between law and basic moral values, antipositivists contrast legal positivism with two main arguments. First, on a more general level, the positivist theory of the separation between law and morality is questioned; then, and consequently, the “neutrality thesis” in the juristic study of law is rejected. The author discusses both these antipositivist arguments, and offers a brief defence of methodological positivism. (shrink)

This book focuses on sovereignty referendums, which have been used throughout different historical periods of democratization, decolonization, devolution, secession and state creation. Referendums on questions of sovereignty and self-determination have been a significant element of the international political and legal landscape since the French Revolution, and have been a central element in the resolution of territorial issues from the referendum in Avignon in 1791 until today. More recent examples include Quebec, East Timor, New Caledonia, Puerto Rico and South Sudan. The (...) global aim of this book is to achieve a better empirical and legal understanding of sovereignty referendums and related problems in international and national law and politics. Accordingly, it presents readers a comprehensive study of sovereignty referendums from the perspectives of both international and constitutional law. (shrink)

Drawing on themes important in moral and political philosophy, much of the scholarship on the constitutional law of privacy in the United States distinguishes between privacy understood as a person's control over information and privacy understood as a person's ability to make autonomous decisions. For example, Katz v. United States established the framework for analyzing whether police activity constituted a “search” subject to the Fourth Amendment's requirement that the police either obtain a warrant before conducting a search or (...) otherwise act reasonably. The defendant was a professional gambler who knew enough about police techniques to use a public telephone to make his business calls. Police agents attached a listening device to the outside of the phone booth, and sought to use the recordings against the defendant. The Supreme Court agreed with the defendant that the Fourth Amendment had been violated. Justice John Marshall Harlan's influential concurring opinion asserted that a person's privacy, in the sense of control over information, depended on two factors: “that a person have exhibited an actual expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’” Fourth Amendment cases like Katz involve informational control; they define the circumstances under which the government may acquire information from or about a person without first obtaining the person's agreement. In contrast, cases like Griswold v. Connecticut, which barred the state from making it a criminal offense to use contraceptives, and Roe v. Wade, which restricted the state's power to prohibit or regulate abortions, used the language of privacy rights to protect a much broader interest in autonomous decision-making. Seeing these cases and related ones through lenseees provided by moral and political philosophy, scholars have attempted to describe what a morally sound constitutional law of privacy would be, and the broadest sense, dworkinian. That is, they seek to provide an account of privacy with two characteristics: it is broadly consistent with the relevant constitutional decisions, and it is the most morally attractive account possible that satisfies the requirement of consistency with the decisions. (shrink)

The strengths and weaknesses of federalism have been debated for centuries. But one major possible advantage of building decentralization and limited government into a constitution has been largely ignored in the debate so far: its potential for reducing the costs of widespread political ignorance. The argument of this paper is simple, but has potentially important implications: Constitutional federalism enables citizens to “vote with their feet,” and foot voters have much stronger incentives to make well-informed decisions than more conventional ballot (...) box voters. The informational advantage of foot voting over ballot box voting suggests that decentralized federalism can increase citizen welfare and democratic accountability relative to policymaking in a centralized unitary state.Ballot box voters have strong incentives to be “rationally ignorant” about the candidates and policies they vote on because the chance that any one vote will have a decisive impact on an electoral outcome is vanishingly small. For the same reason, they also have little or no incentive to make good use of the information they do possess. By contrast, “foot voters” choosing a jurisdiction in which to reside have much stronger incentives to acquire information and use it rationally; the decisions they make are individually decisive. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedThe Ambitions of Curiosity: Understanding the World in Ancient Greece and China. By G.E.R. Lloyd. Cambridge: Cambridge University Press, 2002. Pp. xvi + 175. Price not given.The Art of the Han Essay: Wang Fu's Ch'ien-Fu Lun. By Anne Behnke Kinney. Tempe: Center for Asian Studies, Arizona State University, 1990. Pp. xi + 154. Paper $10.00.The Autobiography of Jamgön Kongtrul: A Gem of Many Colors. By Jamgön Kongtrul Lodrön (...) Thayé and translated by Richard Barron (Chökyi Nyima). Ithaca, New York: Snow Lion Publications, 2003. Pp. xxii + 549. Price not given.Awesome Nightfall: The Life, Times, and Poetry of Saigyō. By William R. LaFleur. Boston: Wisdom Publications, 2003. Pp. xiii + 173. Paper $14.95.Becoming the Compassion Buddha: Tantric Mahamudra for Everyday Life. By Lama Thubten Yeshe, edited by Robina Courtin, and foreword by Geshe Lhundub Sopa. Boston: Wisdom Publications, 2003. Pp. xi + 194. Paper $14.95.Between Two Worlds East and West: An Autobiography. By J. N. Mohanty. New Delhi: Oxford University Press, 2002. Pp. ix + 134. Hardcover RS 525.00.The Chinese Face of Jesus Christ. Edited by Roman Malek, S.V.D. Sankt Augustin, Germany: Institut Monumenta Serica and China-Zentrum; and Nettetal, Germany: Steyler Verlag, 2002. Pp. 391. EUR 40.00.Chinese Medicine in Contemporary China: Plurality and Synthesis. By Volker Scheid. Durham and London: Duke University Press, 2002. Pp. xiv + 407. Hardcover $69.95. Paper $23.95.Confucian Feminist: Memoirs of Zeng Baosun (1893-1978). Translated and adapted by Thomas L. Kennedy. Philadelphia: American Philosophical Society, 2002. Pp. xxi + 170. Price not given.Consciousness Studies: Cross-Cultural Perspectives. By K. Ramakrishna Rao. Jefferson (North Carolina) and London: McFarland and Company, 2002. Pp. 367. Hardcover $65.00.Constituting Communities: Theravāda Buddhism and the Religious Cultures of South and Southeast Asia. Edited by John Clifford Holt, Jacob N. Kinnard, and Jonathan S. Walters. Albany: State University of New York Press, 2003. Pp. viii + 224. Hardcover $65.50. Paper $21.95.Developments in Indian Philosophy from Eighteenth Century Onwards: Classical and Western. By Daya Krishna. Volume X Part 1 of History of Science, Philosophy and Culture in Indian Civilization, edited by D. P. Chattopadhyaya. New [End Page 110] Delhi: Centre for Studies in Civilizations, 2001. Pp. xxiii + 417. Hardcover RS 1200.East and West: Identità e dialogo interculturale. By Giangiorgio Pasqualotto. Venezia: Marsilo Editori, 2003. Pp. 210. EUR 16.00.Effortless Action: Wu-wei as Conceptual Metaphor and Spiritual Ideal in Early China. By Edward Slingerland. New York: Oxford University Press, 2003. Pp. xii + 352. Price not given.Encountering Kā lī: In the Margins, at the Center, in the West. Edited by Rachel Fell McDermott and Jeffrey J. Kripal. Berkeley and Los Angeles: University of California Press, 2003. Pp. xviii + 321. Hardcover $55.00, £37.95. Paper $21.95, £15.95.Encyclopedia of Chinese Philosophy. Edited by Antonio S. Cua. New York and London: Routledge, 2003. Pp. xx + 1020. Hardcover $150.00.Essays on Indian Philosophy. By J. N. Mohanty and edited by Purushottama Bilimoria. New Delhi: Oxford University Press, 2002. Pp. xxxvii + 347. Paper RS 525.00.Faith, Humor, and Paradox. By Ignacio L. Götz. Westport, Connecticut: Praeger Publishers, 2002. Pp. 136. Hardcover $61.95.Four Illusions: Candrakīrti's Advice for Travelers on the Bodhisattva Path. Translated by Karen C. Lang. New York: Oxford University Press, 2003. Pp. xv + 240. Price not given.The Great Awakening: A Buddhist Social Theory. By David R. Loy. Boston: Wisdom Publications, 2003. Pp. 223. Paper $16.95.The Hidden History of The Tibetan Book of the Dead. By Bryan J. Cuevas. New York: Oxford University Press, 2003. Pp. xi + 328. Price not given.Huang Di nei jing su wen: Nature, Knowledge, Imagery in an Ancient Chinese Medical Text. By Paul U. Unschuld. Berkeley and Los Angeles: University of California Press, 2003. Pp. xii + 520. Hardcover $75.00, £52.00.In Dewey's Wake: Unfinished Work of Pragmatic Reconstruction. Edited by William J. Gavin. Albany: State University of New York Press, 2003. Pp. vi + 249. Hardcover $71.50. Paper $23.95.Knowledge and Freedom in Indian Philosophy. By Tara Chatterjea. Lanham, Maryland: Lexington Books, 2002. Pp. xvi + 159. Hardcover... (shrink)

Increasingly in today’s world we are experiencing intensifying antagonisms around religious and ethno-cultural differences. The confrontation between political Islam and the so-called ‘West’ has replaced the rhetoric of the Cold War against communism. This new constellation has not only challenged the hypothesis that ‘secularization’ inevitably accompanied modernity but has also placed on the agenda political theology as a potent force in many societies. This article analyzes the contemporary revival of political theology by focusing on the headscarf debate in comparative (...) class='Hi'>constitutional perspective. It compares the well-known decision of the French Parliament banning the wearing of the headscarf in public schools (2004) with the decision of the German Constitutional Court concerning whether Fereshta Ludin, an Afghani-German teacher wearing the hijab, could teach in German schools (2003) and with the more recent judgment of the Turkish Constitutional Court (summer 2008) upholding the ban on the wearing of the scarf or the turban in institutions of higher learning. At stake in these debates is not only the meaning of fundamental human rights but also why women and their bodies become the object of disciplinary conflicts in culture, law and religion. (shrink)

이 논문은 2018년 시작된 개헌 논의에 맞추어 ‘도래할’ 헌법(constitution to come)이 담고 있어야 할 정치철학의 내용이 무엇인지, 한나 아렌트의 헌정이론을 이론적 틀로 삼아 ‘새로운 시작’과 ‘인민헌정주의’라는 개념을 중심으로 논한다. 도래할 헌법이 반영해야할 혁명 정신의 근거로서 ‘2016-17년 촛불혁명’에서 시작하는 이 논의는 다음 세 단계를 거친다. 첫째, 초일상의 정치로서 혁명과 헌법의 관계를 논하고, 헌법이 지니는 ‘새로운 시작’의 기능에 대해 살펴본다. 둘째, 도래할 헌법의 정치철학적 기초로서 인민헌정주의의 특징을 ‘헌정민주주의’와 ‘포스트주권’의 개념을 통해 제시한다. 셋째, 인민헌정주의에 기초를 둔 새로운 시작이란 관점에서 ‘대한민국 기본질서를 어떻게 규정할 (...) 것인가’와 ‘자발적 동원의 혁명정신을 헌법에 담을 것인가’라는 두 논쟁을 분석하고 대안을 제시한다. 마지막으로 헌법의 혁명정신을 보존하기 위해서는 헌법제정 과정에서 시민들이 헌법의 공동저자(constitutional authorship)가 될 수 있는 제도적 채널이 확보되어야만 한다고 주장한다. (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)

Hegel's 1821 classic offers a comprehensive view of his influential system, in which he applies his most important concept--the dialectics--to law, rights, morality, the family, economics, and the state. The philosopher defines universal right as the synthesis between the thesis of an individual acting in accordance with the law and the occasional conflict of an antithetical desire to follow private convictions. The state, he declares, must permit individuals to satisfy both demands, thereby realizing social harmony and prosperity--the perfect synthesis. Further, (...) Hegel renounces the French Revolution and republican government in favor of an idealized form of a constitutional monarchy, in which ultimate power rests with the sovereign. (shrink)

Liberalism and pluralism are seen as being in tension in liberal Western nation-states, while multiculturalism, as a policy of resource allocation to minority groups, has been the standard response to pluralization. This limits the pluralist potential of a constitutional liberalism. The fusion of a liberal theory of autonomous individuality with a pluralist theory of multiple belonging has to look beyond multicultural policy in order to enhance liberal commitments to citizens through pluralist provisions. An analysis of the Indian Constitution's Fundamental (...) Rights, as a normative document, shows that the citizen can be understood as an autonomous individual given identity through belonging to a plurality of groups. Consequently, rights are taken to accrue to all citizens equally as autonomous individuals, but also by virtue of their belonging to groups, with special provisions made available for vulnerable ones. Rights for a plurality of vulnerable groups should not be seen as illiberal additions but integral to the conception of liberalism. If such a view of citizenship were to be integrated into the liberal constitutions of irreversibly pluralizing Western democracies, then a pluralistic constitutional patriotism could be fostered amongst members of vulnerable groups, while demonstrating that standard liberal rights guarantee equal citizenship for all. (shrink)

The Supreme Court’s reversal of the right to abortion has significantly changed reproductive rights in the United States, and adversely affected the lives of potentially pregnant persons. The political fragility of the privacy right to abortion also raises questions about the practice and epistemic rules of American constitutionalism itself. In this essay, I situate the history of privacy under the Fourteenth Amendment’s due process clause in the tradition of legal reasoning. With Ludwig Wittgenstein’s On Certainty, I argue that the majority (...) in Dobbs v. Jackson (2022) departs from this tradition. The upshot of this departure is that we now have a new interpretive language game battling a long established language game of interpretation–battling, that is, a constitutional tradition–in a contest to redefine how disagreement is transacted among justices and between the people and their government. (shrink)

Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a "constitutional moment" may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take (...) place over an extended period. The "moment" may have been under way for decades-or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change. (shrink)

The main purpose of the study is to analyze the feasibility and necessity of an EU Constitution. Briefly, the history of the draft constitution is as follows: The draft treaty aims to codify the two main treaties of the European Union - the Treaty of Rome of 1957 and the Treaty of Maastricht of 1992, as amended by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001). The debate on the future of Europe is believed to have begun (...) with a speech by German Foreign Minister Joschka Fischer in Berlin in 2000. The process began after the Laeken Declaration, when the European Convention was set up, chaired by former French President Valerie Giscard d'Estaing, with the aim of drafting a constitution. The draft contract was published in July 2003. After lengthy discussions and debates over the proposal for qualified majority voting, the final text was approved in June 2004 and signed by representatives of the Member States on 29 October 2004. The failure of the treaty in France and the Netherlands is a serious blow to the European Union because these two countries are considered to be loyal supporters of the European project. The text of the treaty was subsequently rewritten by the Amato Group, officially the Active Committee on European Democracy (ACED), a group of high-ranking European politicians. During the German presidency of the Union, a new treaty was proposed - the Treaty of Lisbon - to replace the original draft of the Constitution. On 12 June 2008, the Lisbon Treaty was also rejected in a referendum in Ireland. But if we want to look beyond history, we can ask - Why does the EU need a Constitution and how can the Constitution be the roadmap to an advanced future for the EU? The answers to this question can be found by analyzing several directions (these are the main points of the article): historical reflexivity; socio-cultural analysis of the philosophical concepts of well-known political and social philosophers such as Immanuel Kant, John Locke; the modern constellation through the prism of Jürgen Habermas and the decision to make a text as a Constitution which its aim is to reach the starting point of an entire community like the EU. Keywords: constitution, EU, philosophy, law, John Locke, Immanuel Kant, Jurgen Habermas. (shrink)

자신의 저술에서 민주주의를 옹호하거나 민주주의자를 자처한 적이 전혀 없음에도 불구하고 루소의 정치철학이 현대 민주주의의 정치원칙를 제공했다는데는 아무도 이의를 제기하지 않는다. 그렇다면 그 정치철학의 어떤 요인이 루소를 현대 민주주의 확립에 있어 가장 영향력 있는 사상가로 꼽히게 만드는가? 본고에서 연구자들은 루소 사상과 민주주의 연관성, 그리고 일반의지론에 대한 기존 연구들의 성과와 한계를 살펴본 후, 루소가 제시하는 “정치적 권리의 올바른 원칙”으로서의 “일반의지” 개념이 고전고대의 정치사상, 특히 아리스토텔레스의 『정치학』을 넘어 민주주의 정치철학의 현대적 전회에 어떤 기여를 하였는지 논한다.BR공화주의 관점에서 볼 때 아리스토텔레스와 루소는 연속성을 가졌다고 생각되어 (...) 왔다. 하지만 본 연구자들은 아리스토텔레스의 『정치학』과 루소의 『사회계약론』을 목차별로 비교·분석한 결과, “민주정(民主政)”에 관해 루소는 그 개념, 내용 및 역사적 평가를 아리스토텔레스와 거의 공유했음에도 불구하고, “일반의지”개념을 축으로 하여, 국가통치의 기조를 덕치주의에서 법치주의 또는 입헌주의로, 통치의 인적 기반을 ‘폴리스적 동물’에서, ‘자유롭고 평등한 인간으로서 주권자 시민’으로 혁명적으로 전형(轉形)하여, 태생적·지연적 인연이 아니라, 주권자 시민들이 이성적으로 동의한 정치적 권리에 근거하여 정립한 헌법적 원칙들에 의거하여 공화국 건국과 통치의 프로젝트를 제시했다는 특이점을 밝혀냈다. 바로 이 헌법기반의 공화국이야말로 현대적 국민국가의 정상적 통치모델로 간주되는 입헌민주주의에 다름 아니며, 결과적으로 루소는, ‘주민’ 또는 ‘인민’의 자연적 필요에 따라 자연발생적으로 성립되는 폴리스의 생태를 논한 현대 이전의 전형적 국가통치론으로서 아리스토텔레스적 개념의 정치학에서 벗어나, 자신의 이성적 국가능력을 자각하여 건국의 협약 당사자로 나선 ‘주권자 시민’이 국가 통치의 담당자라는 입론을 바탕으로 탈(脫)아리스토텔레스적 현대 정치학을 정립하였다. (shrink)

Among the most influential parts of the philosophy of G.W.F. Hegel (1770-1831) were his ethics, his theory of the state, and his philosophy of history. The Philosophy of Right (Grundlinien der Philosophie des Rechts) (1821), the last work published in Hegel's lifetime, is a combined system of moral and political philosophy, or a sociology dominated by the idea of the state. Here Hegel repudiates his earlier assessment of the French Revolution as a "a marvelous sunrise" in (...) the realization of liberty. Rejecting the republican form of government, he espouses an idealized form of a constitutional monarchy, whose ultimate power rests with the sovereign. (shrink)

Within contemporary philosophy of perception, it is commonly claimed that flavour experiences are paradigmatic examples of multimodal perceptual experiences. In fact, virtually any sensory system, including vision and audition, is believed to influence how we experience flavours. However, there is a strong intuition, often expressed in these works, that not all of these sensory systems make an equal contribution to the phenomenology of flavour experiences. More specifically, it seems that the activities of some sensory systems are constitutive for flavour (...) perception while others merely influence how we experience flavours. This paper aims to answer the question regarding the constitutive factors of flavour perception in a twofold way. First, a theoretical framework is developed, relying on debates regarding constitutivity in analytic metaphysics and philosophy of science, which defines the stronger and weaker senses in which the activities of sensory systems may be constitutive for flavour perception. Second, relying on empirical results in flavour science, the constitutive status of activities related to distinct sensory systems in the context of flavour perception is investigated. (shrink)

Bourdieu’s thought is disturbing. Provocative. Scandalous even, at least for those who do not easily tolerate the unmitigated truth about the social. Nonetheless his ideas, among the most important and innovative of our time, are here to stay. This thought has taken form in the course of a career and through works on diverse subjects that have constructed a far-reaching analytical model of social life, which the author calls more readily an anthropology rather than a sociology. In their totality, they (...) constitute today an original and powerful proposal to explain human practices. In the face of criticisms commonly leveled at Bourdieu’s thought (notably the charge that it reduces everything to a single schematic model), it is important to identify the spirit of his enterprise. Early on, it is true, his thought drew on a few fundamental concepts—the trilogy habitus, field (champ), practice (pratique)—to which it constantly returned, and followed a clearly defined trajectory. At the same time, however, he continually reformulated, adapted, and refined his analytical model, depending on the operations to which he subjected new objects of inquiry. The regenerative and transformative force of his thought was supported by two convictions. First, that there being nothing more vain than theory for theory’s sake, it is preferable that theoretical production originate in the study of concrete and occasionally very specific cases. Second, that in order to escape stereotypical classifications, boundaries separating disciplines are best transgressed, thereby favoring new constructions of the object of inquiry. (shrink)