Many studies have highlighted a substantial "bureaucracy domination" in procedures relating to migrants’ access to territory. This form of domination is marked by highly discretionary and arbitrary practices, enacted by the administrative authorities of the state. Only minor attention, however, has been devoted to the arbitrariness of judicial decisions and to the judicial role in general in the numerous proceedings that increasingly affect the path of migrants. This path is the main object of this paper. The study focuses on Italian (...) case law in expulsion and detention proceedings of irregular third country national citizens and asylum seekers and presents qualitative empirical research on decisions issued by the competent national authorities. The results have been analysed using a selection of theoretical tools, all referable to the general concept of the rule of law. The judicial decisions on pre-removal detention proceedings in two case studies are examined: the jurisprudence on detention of irregular migrants, in different offices of the Justice of the Peace in Italy; and the case law on detention of asylum seekers in the Ordinary Tribunal of Rome. The assumption underlying the research is that various conceptions of the rule of law may have different explanatory power when it comes to explaining the empirical results. To verify this hypothesis, the study proposes an overview of the main rule of law doctrines in the Western tradition of political and legal thought and applies the method of historical-conceptual analysis. As a result, the explanatory power of six theoretical models of the rule of law was verified against the data with the view to highlight the virtues and vices of the respective explanatory frameworks. This article reaches a two-fold conclusion. First, as far as the explanatory frameworks are concerned: the results of the two case studies cannot be fully explained by any of the models considered in this study. This fact alone casts doubts on the explanatory power of these theories and calls for further research on judicial decision-making more generally. Secondly, a key finding of the study regarding the notions of discretion and arbitrariness is that the judicial approach which assures the highest protection of rights is also the one that is most easily influenced by arbitrariness. The author argues that this paradox can be easily dissolved by paying attention to the plural dimensions of arbitrariness. If we consider arbitrariness from a legal point of view, i.e. as an illegal decision, it is unsurprising that the authority that most uses its discretionary powers is also the one most at risk of abusing these discretionary powers and hence of exercising arbitrary power. However, if we consider arbitrariness from the point of view of philosophical-political theory, i.e. as a form of domination characterised by the absence of sufficient justification, it is unsurprising that the judicial approach which assures the highest protection of rights is also the one that takes its own role as guarantor of these rights and of the constitutional democratic legal order as such most seriously. This judicial approach thus most often risks exercising its power in criticisable ways, as compared to an authority much more in line with the requirements of law enforcement agencies. Keywords: migration, discretion, justice, arbitrariness, civil rights, Rechtsstaat, expulsion, mixed constitution. (shrink)

We are women, we are men. We are refugees, single mothers, people with disabilities, and queers. We belong to social categories and they frame our actions, self-understanding, and opportunities. But what are social categories? How are they created and sustained? How does one come to belong to them? Ásta approaches these questions through analytic feminist metaphysics. Her theory of social categories centers on an answer to the question: what is it for a feature of an individual to be socially meaningful? (...) In a careful, probing investigation, she reveals how social categories are created and sustained and demonstrates their tendency to oppress through examples from current events. To this end, she offers an account of just what social construction is and how it works in a range of examples that problematize the categories of sex, gender, and race in particular. The main idea is that social categories are conferred upon people. Ásta introduces a 'conferralist' framework in order to articulate a theory of social meaning, social construction, and most importantly, of the construction of sex, gender, race, disability, and other social categories. (shrink)

The author of Categories We Live By replies to critics Linda Martín Alcoff, Judith Butler, and Abraham Sesshu Roth.

Conferralism about race is a version of social constructivism about race, where the agents of construction seem to be individual agents. However, an important aspect of racism is systemic or structural, and seemingly not about the behavior of individual agents. Can conferralism account for that? In this paper, I begin to address that question by focusing on recent criticism of conferralism by Linda Martín Alcoff and Aaron Griffith.

We are living in times where there is considerable debate over what sex and gender are and who gets to be of what sex and what gender. These are questions that impact people’s lives greatly, some more than others. They are metaphysical questions, but they also concern what principles we should be guided by when allocating resources, services, and protections to people with potentially different needs. There are also methodological questions in the vicinity. In this essay, I draw on my (...) work in Categories We Live By (2018) to suggest a certain approach to navigating some of these thorny issues. I call this approach “ontic descent”. (shrink)

Journal of Social Philosophy, EarlyView.

After the London bombings in July 2005, the concern of terrorism scholars and policy makers has turned to “home-grown” terrorism and potential for political violence from within the states. “Radicalization” became a new buzz word. This article follows a number of reviews of the literature on radicalization and offers another angle for looking at this research. First, it discusses the term “radicalization” and suggests the use of the following definition of radicalization as a process by which a person adopts belief (...) systems which justify the use of violence to effect social change and comes to actively support as well as employ violent means for political purposes. Next, it proposes to see the theories of radicalization focusing on the individual and the two dimensions of his/her motivation: whether that motivation is internal or external and whether it is due to personal choice or either internal or external compulsion. Though not all theories fall neatly within these categories, they make it possible to make comparisons of contributions from a variety of different areas thus reflecting on the interdisciplinary nature of the study of terrorism in general and radicalization as a part of it. (shrink)

Social construction theorists face a certain challenge to the effect that they confuse the epistemic and the metaphysical: surely our conceptions of something are influenced by social practices, but that doesn't show that the nature of the thing in question is so influenced. In this paper I take up this challenge and offer a general framework to support the claim that a human kind is socially constructed, when this is understood as a metaphysical claim and as a part of a (...) social constructionist debunking project. I give reasons for thinking that a conferralist framework is better equipped to capture the social constructionist intuition than rival accounts of social properties, such as a constitution account and a response-dependence account, and that this framework helps to diagnose what is at stake in the debate between the social constructionists and their opponents. The conferralist framework offered here should be welcomed by social constructionists looking for firm foundations for their claims, and for anyone else interested in the debate over the social construction of human kinds. (shrink)

Farmers’ markets (FMs) represent a crucial player in urban food systems, being the interconnection of local agricultural production and consumption, and serving as spaces for both economic exchange and community building. Despite their transformative potential, there is a scarcity of research that comprehensively investigates the dynamics of FMs network structure and the influence of the actors shaping FMs. The present article delves into the network of relationships within FMs in the Italian city of Bologna. This study adopts the Social Network (...) Analysis (SNA) methodology applied with the Net-Map tool. The research objectives are to visualise the underlying network structure, map the dynamics, and identify the key actors who play pivotal roles in Bologna’s FMs and their level of influence. The research carried out interviews with ten FMs stakeholders, revealing the network of relationships between 54 actors, divided into three categories—civil society, food economy and public administration. Actors were linked by a total of 428 relationships across three types of networks: support, economic, and hindering. Findings indicate a strong support network structure characterised by varying degrees of centrality among different actors. Farmers emerge as a central node due to their pivotal role in providing fresh, local produce. Additionally, local institutions contribute significantly to FMs resilience and growth. Our research demonstrates the importance of recognising the embeddedness of FMs within the local context. By understanding the network structure and influential actors in FMs, policymakers can devise more effective policies for promoting local agriculture, and enhancing the sustainability of urban–rural exchanges. In conclusion, the present study offers valuable insights into the network dynamics of FMs, highlighting their crucial role in the sustainable development of urban and local food systems. (shrink)

In this chapter I offer an interpretation of Judith Butler’s metaphysics of sex and gender and situate it in the ontological landscape alongside what has long been the received view of sex and gender in the English speaking world, which owes its inspiration to the works of Simone de Beauvoir. I then offer a critique of Butler’s view, as interpreted, and subsequently an original account of sex and gender, according to which both are constructed—or conferred, as I would put it— (...) albeit in different ways and subject to different constraints. (shrink)

The present study investigates how laughter features in the everyday lives of 3-5-year old children in Swedish preschools. It examines and discusses typical laughter patterns and their functions with a particular focus on children’s and intergenerational (child-adult/educator) laughter in early education context. The research questions concern: who laughs with whom; how do adults respond to children’s laughter, and what characterizes the social situations in which laughter is used and reciprocated. Theoretically, the study answers the call for sociocultural approaches that contextualize (...) children’s everyday social interaction, e.g., in different institutions or homes, to study the diverse conditions society forms for learning, sociality and socialization and development of shared norms. Methodologically, the study makes use of mixed methods: it uses descriptive statistics that identify prevalent patterns in laughter practices and, on the basis of these results, examines social-interactional situations of children’s laughter in detail. It was found that children’s laughter tended to be directed to children and adults’ laughter tended to be directed to adults. 87% of children’s laughter was directed to other children, and adults directed their laughter to other adults 2,7 times as often as to children. The qualitative interaction analysis shows that children and adults exhibited different patterns of laughter. Children primarily sought and received affiliation through laughter in the peer group, and the adults were often focused on the institutional and educational goals of the preschool. Overall, the study shows that intergenerational reciprocal laughter was a rare occurrence and suggests that laughter between generations is interesting in that it can be seen as indicative of how children and adults handle alterity in their everyday life. By deploying multiple methods, the present study points to the importance of viewing emotion and norm sharedness in social interaction not just as a matter of communicating an emotion from one person to another, but as an intricate process of inviting the others into or negotiating the common emotional and experiential ground. (shrink)

In health communication, metaphor can be considered as a reasoning device to let people understand an abstract concept in terms of a concrete one (Lakoff and Johnson 1980; Bowdle and Gentner 2005). Both the positive and negative communicative effects of metaphors have been largely pointed out in a variety of medical fields, from oncology (Semino et al. 2016, 2018) to mental health (Frezza and Zoccolotti 2019). The use of metaphors in vaccine communication has been less considered, though it might be (...) crucial to let people understand vaccination as an important collective health phenomenon. A previous study (Scherer et al. 2015) focused on the communicative effects of conventional metaphors for vaccination, but not specifically on novel metaphors deliberately used to explain the concept of population immunity in vaccination. We hypothesized that metaphors used to explain vaccination as a collective phenomenon could improve the communicative aims of pro-vaccination texts in many respects, ranging from understandability to trust in expertise. We designed a study to test the hypothesis: two groups of participants were presented with a text about vaccination as a collective phenomenon, described in either literal or metaphorical terms. They were asked to evaluate the text on different communicative aspects from both an individual and a collective point of view. The results confirmed the hypothesis that metaphor is an effective reasoning device and that it also enhances the overall communicative effects of the message, in terms of understandability, persuasion, feeling of control over the health situation, trust in expertise, and uptake of experts’ advice. However, the results show that this effect is significantly nuanced in the individual vs. collective response type. (shrink)

What is social construction? This essay offers a survey of the various ways in which something could be socially constructed and then addresses briefly the questions whether social constructionism involves an untenable anti-realism and what, if anything, unifies all social construction claims.

At Columbia University in 1906, William James gave a highly confrontational speech to the American Philosophical Association (APA). He ignored the technical philosophical questions the audience had gathered to discuss and instead addressed the topic of human energy. Tramping on the rules of academic decorum, James invoked the work of amateurs, read testimonials on the benefits of yoga and alcohol, and concluded by urging his listeners to take up this psychological and physiological problem. What was the goal of this unusual (...) speech? Rather than an oddity, Francesca Bordogna asserts that the APA address was emblematic—it was just one of many gestures that James employed as he plowed through the barriers between academic, popular, and pseudoscience, as well as the newly emergent borders between the study of philosophy, psychology, and the “science of man.” Bordogna reveals that James’s trespassing of boundaries was an essential element of a broader intellectual and social project. By crisscrossing divides, she argues, James imagined a new social configuration of knowledge, a better society, and a new vision of the human self. As the academy moves toward an increasingly interdisciplinary future, William James at the Boundaries reintroduces readers to a seminal influence on the way knowledge is pursued. (shrink)

In this article I introduce a certain kind of anti-realist account of what makes a property essential to an object and defend it against likely objections. This account, which I call a ‘conferralist’ account, shares some of the attractive features of other anti-realist accounts, such as conventionalism and expressivism, but I believe, not their respective drawbacks.

This volume provides an extensive overview of the Ethics of Artificial Intelligence for the Sustainable Development Goals. The authors are experts contributing with perspectives from different fields. The comprehensive collection of chapters illustrates the pressing governance problems related to using AI for the SDGs, and case studies describing how AI is advancing and can advance the achievement of the Goals. Students, scholars, and practitioners working on AI for SDGs, the ethical governance of AI, sustainability, and the fourth revolution can find (...) this book a helpful reference. (shrink)

This annual edited volume presents an overview of cutting-edge research areas within digital ethics as defined by the Digital Governance Research Group of the University of Oxford. It identifies new challenges and opportunities of influence in setting the research agenda in the field. The 2022 edition of the Yearbook presents research on the following topics: autonomous weapons, cyber weapons, digital sovereignty, smart cities, artificial intelligence for the Sustainable Development Goals, vaccine passports, and sociotechnical pragmatism as an approach to technology. This (...) text appeals to students, researchers, and professionals in the field. (shrink)

Supervision is widely acknowledged as influencing the quality of postgraduate theses, and thus, by implication, of postgraduates. Despite this, the literature on conducting research offers little guidance in respect of managing the supervision relationship. This paper opens a window onto the relationship - and particularly the power relationship - between a particular supervisor of postgraduate research, Howard, and his Master's student, Ray. It draws on research that explores how contemporary influences in the university domain intersect with individual agency and with (...) power relations to produce knowledge on two levels: the thesis as an extrinsic product of processes of education, and the person as an intrinsic product of processes of learning.Selections of Michel Foucault's insights are used to explore the notion of power and how it operates through rules of discourse to construct knowledge and identity. Accordingly, the research describes and tracks the functioning of two discourses pivotal to Howard and Ray's experience of supervision: anarchic educational leadership discourse, and humanistic discourse. The research on which the paper is based is constructivist, and as such it is underpinned by the assumption, or rather belief, that the discursive construction of reality is mediated by individual agency. In order to analyse how power operates between individuals, and between them and their broader educational contexts, a conceptual tool capable of accommodating manifest strategic processes - identified along a positional continuum as ‘push',' allow' and ‘pull' - was devised.The case study yields several thematic correlations in interpersonal and institutional power. These are: the significance of supervisor-student matching; links between expectations, abilities, the way participants negotiate power, and the quality of professional and pastoral care they experience; the impact of personal affinity on supervision; and the influence of ontology on thesis-as-product and person-as-product. (shrink)

Supervision is widely acknowledged as influencing the quality of postgraduate theses, and thus, by implication, of postgraduates. Despite this, the literature on conducting research offers little guidance in respect of managing the supervision relationship. This paper opens a window onto the relationship – and particularly the power relationship – between a particular supervisor of postgraduate research, Howard, and his Master’s student, Ray. It draws on research that explores how contemporary influences in the university domain intersect with individual agency and with (...) power relations to produce knowledge on two levels: the thesis as an extrinsic product of processes of education, and the person as an intrinsic product of processes of learning.Selections of Michel Foucault’s insights are used to explore the notion of power and how it operates through rules of discourse to construct knowledge and identity. Accordingly, the research describes and tracks the functioning of two discourses pivotal to Howard and Ray’s experience of supervision: anarchic educational leadership discourse, and humanistic discourse. The research on which the paper is based is constructivist, and as such it is underpinned by the assumption, or rather belief, that the discursive construction of reality is mediated by individual agency. In order to analyse how power operates between individuals, and between them and their broader educational contexts, a conceptual tool capable of accommodating manifest strategic processes – identified along a positional continuum as ‘push’,’ allow’ and ‘pull’ – was devised.The case study yields several thematic correlations in interpersonal and institutional power. These are: the significance of supervisor-student matching; links between expectations, abilities, the way participants negotiate power, and the quality of professional and pastoral care they experience; the impact of personal affinity on supervision; and the influence of ontology on thesis-as-product and person-as-product. (shrink)

The present study examines 1- to 5-year-old children’s emotion socialization in an early childhood educational setting (a preschool) in Sweden. Specifically, it examines social situations where teachers respond to children’s negative emotional expressions and negatively emotionally charged social acts, characterized by anger, irritation and distress. Data consist of 14 hours of video observations of daily activities, recorded in a public Swedish preschool, located in a suburban middle-class area and include 35 children and five preschool teachers. By adopting a sociocultural perspective (...) on children’s development and socialization, the study examines the communicative practices through which the expressions of negative emotions are responded to and the norms and values that are communicated through these practices. The data are analysed by using multimodal analysis of interaction that provides a tool for detailed analysis of participants’ verbal and embodied actions and sense-making. The analyses show that teachers responded to children’s negatively charged emotional expressions as social acts (that were normatively evaluated) and the adults instructed children how to modify their social conduct (rather than deploying explicit discussions about emotions). The teachers used communicative genres that prioritized general moral principles and implemented the non-negotiability of norms over individual children’s emotional-volitional perspectives and individual preferences. The teachers’ instructive socializing activities were characterized by movement between multiple temporal horizons, i.e., general (emotional) discourse that transcended the here-and-now, and specific instructions targeting the children’s conduct in a current situation. The study discusses how emotion socialization can be related to the institutional characteristics and collective participatory social conditions of early childhood education. (shrink)

The project of Categories We Live By is to offer a metaphysics of social categories. The strategy is to give a theory of social properties of individuals. The main components of the theory are a conferralist framework for properties; an account of social meaning; and an account of social construction; accompanying is also an account of social identity. This theory can be applies to offer concrete conferralist proposals of categories such as sex, gender, race, disability, religion, and LGBTQ categories. This (...) précis describes the main components (conferralist framework, social meaning, social construction, social identity) briefly, but leaves discussions of applications for another time. (shrink)

This paper studies internal (or intra-)mathematical explanations, namely those proofs of mathematical theorems that seem to explain the theorem they prove. The goal of the paper is a rigorous analysis of these explanations. This will be done in two steps. First, we will show how to move from informal proofs of mathematical theorems to a formal presentation that involves proof trees, together with a decomposition of their elements; secondly we will show that those mathematical proofs that are regarded as having (...) explanatory power all display an increase of conceptual complexity from the assumptions to the conclusion. (shrink)

This is a response to the critical comments by Åsa Burman, Esa Díaz-León, Aaron Griffith, and Katharine Jenkins.

Through this contribution I aim to explore the horizons and limits of digital medicine in light of an embodied approach to the issue of care. I will sketch the historical background of digital medicine and show the contemporary status of this interdisciplinary field, as well as its applications and outcomes. Then, I will address a critique of the computational theory of mind (CTM) upon which many contemporary mental health apps are designed. This approach to the mind is inscribed into the (...) modern trend of neuromania, which conceives the embodied, living human being as a mere series of data analyses and algorithms, with the brain as the seat of the person. Drawing on continental philosophy and classical phenomenology I will develop a notion of health conceived as a moral enterprise, showing how wellbeing and vitality are not reducible to a product made by technologies or doctors, but rather they are the results of an embodied encounter. As such, empathy and person-centered care cannot be achieved by digital medicine. They are the result of a journey into the regions of recognition, embodied presence and the aliveness constituting the person. Finally, I will show how the issue of care cannot be separated from an embodied encounter between people, especially in case of dementia. (shrink)