This essay delves into the essentialities of object-giving sources within the formulation of epistemic objectivity. It explores the relationship between objectivity and intentional states, particularly in the context of immediate and transcendent experiences. A key focus of this paradigm is the examination of inferences and how they are held in X’s intentional processes. These claims about inferences contribute to the perception of objectivity by highlighting the epistemological transitions of things that occur in the constitutive ideation. Additionally, the activity within X’s (...) episteme leads to significant articulations that reflect a structural realism of experiences. The essay also introduces a convention of the experiential-intentional process so that the causality manipulations could be avoided by the precents of sources of ideation. In this instance, the central niche is occupied by transcendental reflections of intentionality, which are fundamentally founded on experiences and objectivity, and they possess a distinct rhetorical quality. They manifest as acts, propositional forms, and constituents, all of which contribute to the understanding and justification of objectivity. To establish such a framework that upholds objectivity, certain prerequisites must be met. Firstly, the framework must possess justificational resources that prevent causality manipulations. Secondly, pre-reflective sources should not inter-define causality in epistemic circumstances, although this does not exclude the emergence of causal relations, and thus this approach offers a correlational explanation. Lastly, transcendental reflections should remain compatible with the experiential-intentional process, allowing for the accommodation of subjectivity in the justification of objectivity. (shrink)

This paper comments on ‘Critique and Negativity: Towards the Pluralisation of Critique in Educational Practice, Theory and Research’ by Dietrich Benner and Andrea English. Negativity is a disquieting ghost for teachers, educational researchers, administrators and other professionals of this field, including those involved in the design of policy. First, I make some remarks in response to the essay by Benner and English in order to draw attention to the importance of dealing with negativity. Second, I introduce a further problematisation of (...) negativity: I deal with the practical issues that emerge from the conceptual reactivation of negativity and the possible consequences that result from this in the context of teaching graduate seminars. I am especially concerned with the ways in which negativity is inscribed in the process of knowledge production (that is, research), and in the possible consequences of subscribing to one or the other concept of negativity (teleological negativity, parasitic negativity, and relational negativity as the sine qua non condition for any ontology). Lastly, I raise some points for discussion with regard to certain possible consequences of the use of one or another notion of negativity in teaching and research. (shrink)

The only anthology available on material constitution, this book collects important recent work on well known puzzles in metaphysics and philosophy of mind. The extensive, clearly written introduction helps to make the essays accessible to a wide audience.

Constitution is the relation that holds between an object and what it is made of: statues are constituted by the lumps of matter they coincide with; flags, one may think, are constituted by colored pieces of cloth; and perhaps human persons are constituted by biological organisms. Constitution is often thought to be a.

In this two-part article, I propose a new materialist understanding of behavior. The term “mattering” in the title refers to sense-making behavior that matters, that is, to significant habits and materialized behaviors. By significant habits I mean protocols, practices and routines that generate ways of reading material signs and fixed accounts of movement. I advance a notion of behaving that stresses its materiality and sensory shaping, and I provide select examples from music. I note that current definitions of behavior do (...) not capture its material dimension. This is because behavioral science has mostly viewed matter as passive, and not as an active agency. Such an approach has metaphysically framed behavior as a phenomenon of presence that is external from its environment. The approach of behavioral science to matter where there are fixed borders between the internal and external is lacking, since it does not account for agential cuts as conceptualized by Karen Barad. Instead, I consider behavior performatively; as an ongoing iterative practice and as integral to the growth of immanently self-caused matter that spawns metastable relational formations that produce different possibilities for successive formations. In this regard, behavior matters, and matter behaves. One key aspect of my article advances Bernard Stiegler as a critical new materialist thinker. This advancement concerns the technical doings of artworks, which include the material activity that is generative of sensitivity: feelings and beliefs associated with a sense or meaning. I outline an example of the materiality of habits as constitutive of music. After that, I coin the transformative doings of matter on the artist as a “caripulation,” which is a desired movement or motion that transforms the mover and the moved. Finally, I raise “pharmacological” considerations in terms of the Stieglerian aspects of organic and inorganic organized matter. (shrink)

The late 19th century debate among German-speaking physicists about theoretical entities is often regarded as foreshadowing the scientific realism debate. This paper brings out differences between them by concentrating on the part of the earlier debate that was concerned with the conceptual consistency of the competing conceptions of matter—mainly, but not exclusively, of atomism. Philosophical antinomies of atomism were taken up by Emil Du Bois-Reymond in an influential lecture in 1872. Such challenges to the consistency of atomism had repercussions (...) within the physics community, as can be shown for the examples of Heinrich Hertz and Ludwig Boltzmann. The latter developed a series of counter-arguments, culminating in an ingenious attempt to turn the tables on the critics of atomism and prove the inconsistency of non-atomistic conceptions of nature. Underlying this controversy is a disagreement over specific goals of physical research which was considered crucially relevant to the further course of physical inquiry. It thereby exemplifies an attitude towards the realism issue that can be contrasted with a different, more neutral attitude of construing the realism issue as merely philosophical and indifferent with respect to concrete research programs in physics, which one also occasionally finds expressed in the 19th century controversy and which may be seen as the prevailing attitude of the 20th century debate. (shrink)

In his thought-provoking book, Why Law Matters, Alon Harel defends two key claims: one ontological, the other axiological. First, he argues that constitutions and judicial review are necessary constituents of a just society. Second, he suggests that these institutions are not only means to the realization of worthy ends, but also non-instrumentally valuable. I agree with Harel that constitutions and judicial review have more than instrumental value, but I am not persuaded by his arguments in support of this conclusion. I (...) argue that Harel’s ontological claim is unsustainable, and that his axiological claim needs revision. Regarding the former, I show that constitutions and judicial review are only contingent constituents of a just society. Regarding the latter, I contest Harel’s specific account of the value of constitutions and judicial review. Harel grounds the non-instrumental value of constitutions in freedom as non-domination but, upon scrutiny, it emerges that their non-instrumental value lies elsewhere. Further, Harel holds that the non-instrumental value of judicial review stems from its embodying a right to a fair hearing. I argue that this right has non-instrumental value only under a particular set of circumstances. I thus conclude, contrary to Harel, that the non-instrumental value of judicial review is contingent on those circumstances obtaining. (shrink)

This book defends Frank Jackson’s knowledge argument against physicalism. According to physicalism, consciousness is a physical phenomenon. The knowledge argument stars Mary, who learns all objective, physical information through black-and-white media and yet acquires new information when she first sees colors for herself: information about what it is like to see in color. Based partly on that case, Jackson concludes that not all information is physical. The book argues that the knowledge argument succeeds in refuting all standard versions of physicalism: (...) versions on which consciousness is grounded by what objective science reveals. It also argues that given further, plausible assumptions, the knowledge argument leads to Russellian monism, on which there are intrinsic properties that both constitute consciousness and underlie properties physics describes, such as mass and charge. It explains how the knowledge argument establishes those two conclusions and defends the argument against numerous objections. (shrink)

In what sense are the activities and properties of components in a mechanism explanatorily relevant to the behavior of a mechanism as a whole? I articulate this problem, the problem of constitutive relevance, and I show that it must be solved if we are to understand mechanisms and mechanistic explanation. I argue against some putative solutions to the problem of constitutive relevance, and I sketch a positive account according to which relevance is analyzed in terms ofrelationships of mutual manipulability between (...) the behavior of a mechanism as a whole and the properties and activities of its components. My account is a causal-mechanical account in the sense that it is a particular expression of the idea that constitutive explanation is a matter of showing how an explanandum phenomenon is situated within the causal structure of the world. It is thus offered as a rival to epistemic (argument-centered) and psychological accounts of interlevel explanation. (shrink)

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

The late 19th century debate among German-speaking physicists about theoretical entities is often regarded as foreshadowing the scientific realism debate. This paper brings out differences between them by concentrating on the part of the earlier debate that was concerned with the conceptual consistency of the competing conceptions of matter---{}mainly, but not exclusively, of atomism. Philosophical antinomies of atomism were taken up by Emil Du Bois-Reymond in an influential lecture in 1872. Such challenges to the consistency of atomism had repercussions (...) within the physics community, as can be shown for the examples of Heinrich Hertz and Ludwig Boltzmann. The latter developed a series of counter-arguments, culminating in an ingenious attempt to turn the tables on the critics of atomism and prove the inconsistency of non-atomistic conceptions of nature. Underlying this controversy is a disagreement over specific goals of physical research which was considered crucially relevant to the further course of physical inquiry. It thereby exemplifies an attitude towards the realism issue that can be contrasted with a different, more neutral attitude of construing the realism issue as merely philosophical and indifferent with respect to concrete research programs in physics, which one also occasionally finds expressed in the 19th century controversy and which may be seen as the prevailing attitude of the 20th century debate. (shrink)

In what sense are the activities and properties of components in a mechanism explanatorily relevant to the behavior of a mechanism as a whole? I articulate this problem, the problem of constitutive relevance, and I show that it must be solved if we are to understand mechanisms and mechanistic explanation. I argue against some putative solutions to the problem of constitutive relevance, and I sketch a positive account according to which relevance is analyzed in terms ofrelationships of mutual manipulability between (...) the behavior of a mechanism as a whole and the properties and activities of its components. My account is a causal-mechanical account in the sense that it is a particular expression of the idea that constitutive explanation is a matter of showing how an explanandum phenomenon is situated within the causal structure of the world. It is thus offered as a rival to epistemic (argument-centered) and psychological accounts of interlevel explanation. (shrink)

The concept of matter is not, I urge, reducible to the concept of an object. This is to be distingusihed from the counterintuitive Aristotelian claim that matter depends for its existence on objects which it constitutes.

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized moral-political reasons (...) on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

Drawing on the work of Bernadette Bensaude-Vincent and Isabelle Stengers on the history of chemistry, this article develops the idea that drug molecules can be understood as ‘informed materials’. This study argues that molecules should not be viewed as discrete objects, but as constituted in their relations to complex informational and material environments. Through a case study of commercial pharmaceutical R&D, the article examines the role of combinatorial and computational chemistry in enriching the informational and material environment of potential drug (...) molecules. Within the contemporary pharmaceutical laboratory, experiments on molecules can be conducted not just in vitro and in vivo but also, according to researchers, in silico. Molecules come to exist not just as physical reagents but also as elements of arrays, libraries and databases of other molecules, and in a virtual form in computer simulations and virtual libraries. Molecules are also understood by researchers to exist in a ‘chemical space’ of other different molecules, where the notion of chemical space is used both to refer to differences in molecular structure and to territories owned or occupied by particular firms. The article argues that pharmaceutical companies do not merely discover molecular structures that potentially could exist, but also invent novel forms of chemical entity. (shrink)

Drawing on recent work in formal pragmatic theory, this paper shows that the manipulation of discourse structure—in particular, by way of shifting the Question Under Discussion mid-discourse—can constitute an act of epistemic injustice. I argue that the “All Lives Matter” response to the “Black Lives Matter” slogan is one such case; this response shifts the Question Under Discussion governing the overarching discourse from Do Black lives matter? to Which lives matter? This manipulation of the discourse structure (...) systematically obscures the intended meaning of “Black lives matter” and disincentivizes future utterances of it. (shrink)

The paper contends that transcendental phenomenology is a form of radical immanent critique able to explicate the necessary structures of meaning-constitution as well as evaluate our present situation through the historically traditionalized layers of concrete, lived experience. In order to make this case, the paper examines the critical dimension of phenomenology through the lens of one of its core conditions for possibility: the imagination. Building on—yet also departing from—Husserl’s own analyses, the paper contends that the imagination is both self- and (...) lifeworld-constituting. The imagination is anchored in our everyday senses of self and world as well as able to distance itself from being naively moored in normalized and deeply sedimented commitments. It is precisely this ‘anchored distance,’ rather than a sweeping doxic and ontic neutrality and negative freedom, that reveals the critical dimension of the imagination. (shrink)

ABSTRACT: A traditional objection to inferentialism states that not all inferences can be meaning-constitutive and therefore inferentialism has to comprise an analytic-synthetic distinction. As a response, Peregrin argues that meaning is a matter of inferential rules and only the subset of all the valid inferences for which there is a widely shared corrective behaviour corresponds to rules and so determines meaning. Unfortunately, Peregrin does not discuss what counts as “widely shared”. In the paper, I argue for an empirical plausibility (...) of Peregrin’s proposal. The aim of the paper is to show that we can find examples of meaning-constitutive linguistic action, which sustain Peregrin’s response. The idea is supported by examples of meaning modulation. If Peregrin is right, then we should be able to find specific meaning modulations in which a new meaning is publicly available and modulated in such a way that it has a potential to be widely shared. I believe that binding modulations – a specific type of meaning modulations – satisfy this condition. (shrink)

Dark matter is an essential ingredient of the present Standard Cosmological Model, according to which only 5% of the mass/energy content of our universe is made of ordinary matter. In recent times, it has been argued that certain cases of gravitational lensing represent a new type of evidence for the existence of DM. In a recent paper, Peter Kosso attempts to substantiate that claim. His argument is that, although in such cases DM is only detected by its gravitational (...) effects, gravitational lensing is a direct consequence of Einstein's Equivalence Principle and therefore the complete gravitational theory is not needed in order to derive such lensing effects. In this paper I critically examine Kosso's argument: I confront the notion of empirical evidence involved in the discussion and argue that EEP does not have enough power by itself to sustain the claim that gravitational lensing in the Bullet Cluster constitutes evidence for the DM Hypothesis. As a consequence of this, it is necessary to examine the details of alternative theories of gravity to decide whether certain empirical situations are indeed evidence for the existence of DM. It may well be correct that gravitational lensing does constitute evidence for the DM Hypothesis—at present it is controversial whether the proposed modifications of gravitation all need DM to account for the phenomenon of gravitational lensing and if so, of which kind—but this will not be a direct consequence of EEP. (shrink)

In this article, I offer a new philosophical interpretation of Virgil’s Aeneid, dually centered on the queens of Olympus and Carthage. More specifically, I show how the philosopher-poet Virgil deploys Dido’s Junonian furor as the Aristotelian matter of the unjust Roman imperium, the feminist counterforce to the patriarchal force disguised as peaceful order. The first section explores Virgil’s political and biographical background for the raw materials for a feminist, anti-imperial political philosophy. The second section, following Marilynn Desmond, situates the (...) continuing misogynist condemnation of Virgil’s two goddess-queens in the context of their honored centrality in Roman and Carthaginian culture. The third section reinterprets Virgil’s goddess-queens as agents of furor as (apparently mad) feminist counterforce to the (actually mad) unjust force of the Roman empire and its agents Jupiter and Aeneas. The fourth section translates these poetic philosophical interpretations into prose, arguing that Dido’s Junonian furor is the Aristotelian matter constituting the unjust forms of Roman imperium. And the conclusion applies the latter analysis to Hardt and Negri’s Empire, suggesting Dido as a model for the “multitude” in the fight against the imperial injustice of today’s globalized empire. (shrink)

Let us call dispositional monism the view that all natural properties have their identities fixed purely by their dispositional features, that is, by the patterns of stimulus and response in which they participate. DM implies that natural properties are pure powers: things whose natures are fully identified by their roles in determining the potentialities of events to cause or be caused. As pure powers, properties are meant to lack quiddities in Black's sense. A property possesses a quiddity just in case (...) its identity is fixed by something independent of the causal–nomological roles it may enter into. Paradigmatically, a categorical property is thought of as a property whose identity is fixed by a quiddity .The key question about the viability of DM as a theory of properties is how properties can be pure powers devoid of any quiddity. Bird provides an answer. According to Bird , ‘all there is to a property is a matter of second-order relations to other properties’. The second-order relation is just the relation that a disposition, its stimulus condition, and a manifestation condition bear to each other. Call this relation SR. SR is not causation or physical necessitation. The latter relations are first-order relations between concrete events. SR is a second-order relation. Its possession by properties explains why events featuring those properties can enter into certain first-order relations of causation or necessitation.Bird's thought then is this: the sense in which properties have their identities fixed purely by their causal–nomological roles is that they are relationally constituted, where the relation doing the constituting is SR. 1 This thesis of relational constitution does not imply that natural properties are themselves relations. Nothing prevents the identity …. (shrink)

Societies function on the basis of rules. These rules, rather like the rules of the road, coordinate the activities of individuals who have a variety of goals and purposes. Whether the rules work well or ill, and how they can be made to work better, is a matter of major concern. Appropriately interpreted, the working of social rules is also the central subject matter of modern political economy. This book is about rules - what they are, how they (...) work, and how they can be properly analysed. The authors' objective is to understand the workings of alternative political institutions so that choices among such institutions can be more fully informed. Thus, broadly defined, the methodology of constitutional political economy is the subject matter of The Reason of Rules. The authors have examined how rules for political order work, how such rules might be chosen, and how normative criteria for such choices might be established. (shrink)

The problem of names of illnesses is both a problem of words and values that should address not only the classification of disorders, but also a fundamental question both for medical sciences and humanities: can psychiatric nosology and classifications fit with the ontological constitution of human beings? This paper aims to discuss the so-called “psychiatric object” and its language and it intends to provide a hermeneutical-phenomenological account to mental health. In doing so, the paper will firstly examine the “psychiatric object” (...) and its language; secondly, it will show the difference between taxonomy and ontology, both of interest for the psychiatric object; third, it will insist on the critique of the epistemological status of psychiatry conceived from a natural point of view following three main paths: a metaphysical one (Heidegger, Jaspers), a social one (Szasz, Foucault, Basaglia), and an ethical one (Laing). Finally, it will clarify why phenomenology and in particular hermeneutical-phenomenology can illuminate the understanding of the psychiatric object and its implications in a cultural context, in order to achieve a more humanistic psychiatry. (shrink)

The idea that two objects can coincide—by sharing all their proper parts, or matter—yet be non-identical, results in the “Problem of Coincident Objects”: in what relation do objects stand if they are not identical but share all their proper parts? One solution is to introduce material constitution. In this paper, I argue that this is ad hoc since, first, this solution cannot be generalized to solve similar problems, and, second, there are pseudo cases of coincidence that should not trigger (...) the introduction of material constitution and these cannot be distinguished in any principled way from the allegedly real cases of coincidence. (shrink)

This study is concerned with a crucial passage in Metaphysics Z.11. After having established that only the formal parts of an object are stated in its definition and thus constitute its essence, Aristotle warns us against the process of separating the formal from the material parts. In doing so, he rejects the comparison proposed by Socrates the Younger. Mathematicals cannot be equated to natural objects because some material parts must be included in accounting for the latter but not in accounting (...) for the former. The goal of this article is to understand to what extent matter is essential to an object by examining the content of Aristotle’s criticism. My reconstruction shows that Aristotle is still committed to a formalist view. Socrates’ comparison is rejected because it removes matter not from the definitions of the subjects of metaphysics, but from the definitions of their attributes. (shrink)

Medieval interpretations of hylomorphism, in which substances are conceived as metaphysical composites of prime matter and substantial form, are receiving attention in contemporary philosophy. It has even been suggested that a recovery of Aquinas's conception of prime matter as a ‘pure potentiality’, lacking any actuality apart from substantial form, may be expedient in hylomorphic interpretations of quantum mechanics. In this paper, we consider a recent hylomorphic interpretation of non-relativistic quantum mechanics, the theory of Cosmic Hylomorphism, which does not (...) explicitly invoke any notion of prime matter in its original formulation. We argue that prime matter does in fact play a role in constituting and individuating particles in this theory. However, we demonstrate that the notion of prime matter which features in the extended version of Cosmic Hylomorphism that we propose here is distinct from Aquinas's conception of prime matter, inasmuch as it has discrete metaphysical parts. (shrink)

The relationship between dementia and criminal behavior perplexes legal and health care systems. Dementia is a progressive clinical syndrome defined by impairment in at least two cognitive domains that interferes with one's activities of daily. Dementia symptoms have been associated with behaviors that violate social norms and constitute criminal actions. A failure to address a gap in policies that support appropriate management of individuals with dementia reflects a failure in our social obligation to care for those who are most vulnerable (...) amongst us. Categorical protections, informed by precedent models applied to juveniles and individuals with psychiatric illness, could help meet a social obligation to provide protections to individuals with dementia. We propose an approach that integrates affirmative defenses to mitigate criminal liability and sentencing restrictions to prevent cruel and unusual punishment. (shrink)

Rejecting judicial supremacy in constitutional interpretation, this paper argues that understanding the interpretation of constitutions to be a solely legal and judicial undertaking excludes citizens from such activity. The paper proffers a two-pronged classification of analyses of constitutional interpretation. Implicit accounts discuss interpretation without reflecting on whether such activity can or should be performed by non-judicial institutions as well. Explicit accounts ask whether interpretation of constitutions is a matter to be dealt with by courts and answer affirmatively. I criticise (...) both camps. Implicit accounts fail to explain why constitutional interpretation is purely judicial in character. Explicit accounts do not provide enough reasons why the judiciary is allegedly the ideal institution to give constitutions meaning with final authority, both in instrumental and normative terms. The paper closes by suggesting avenues for future research. (shrink)

In the face of the puzzles of material constitution, some philosophers have been moved to posit a distinction between an object's matter and its form. A familiar difficulty for contemporary hylomorphism is to say which properties are eligible as forms: for example, it seems that it would be intolerably arbitrary to say that being statue shaped is embodied by some material object, but that other complex shape properties aren't. Anti-arbitrariness concerns lead quickly to a plenitudinous ontology. The usual complaint (...) is that the super-abundance of material objects is too extraordinary to accept, but I want to raise a different worry: I argue that the most natural way of developing this picture is already inconsistent. I show that a simple version of plenitudinous hylomorphism is subject to a Russellian argument, but argue that we cannot treat the problem straightforwardly as an instance of Russell's Paradox of Sets. (shrink)

The received view of Kant’s moral philosophy is that it precludes all moral luck. But I offer a plausible interpretation according to which Kant embraces moral luck in circumstance and constitution. I interpret the unconditioned nature of transcendental freedom as a person’s ability to do the right thing no matter how she is inclined by her circumstantial and constitutive luck. I argue that various passages about degrees of difficulty relating to circumstantial and constitutive luck provide a reason to accept (...) a pro-moral luck interpretation of Kant. (shrink)

Our aim is to provide an account of constitutive rules in terms of (1) the acceptance of regulative norms, and (2) a cognitive process we call “symbolization” (in an altogether different sense from what J. R. Searle means by this word). We claim, first, that institutional facts à la Searle boil down to facts concerning the collective acceptance of regulative norms in a given community. This, however, does not exhaust what institutional facts are. There is a residue, symbolization. Symbolization, as (...) we understand it, involves a transfer of cognitive models from one domain to another. We introduce this notion by exploring different sorts of games, taking our cue from games of pretend play. In the context of this exploration, we introduce the idea of the significance—a matter of degree—of symbolization for a given institutional concept. In particular, we claim, symbolization may play, vis‐à‐vis a given institutional concept, a properly constitutive or a merely auxiliary role. We further argue that, in most legal concepts as conceived in our legal culture, symbolization plays a merely auxiliary role. A possible exception is the concept of political representation, at least on some understandings of it. (shrink)

The general account of material constitution presented in my article, Spatially Coinciding Objects (Ratio vol. 24.1, June 1982), is further developed. There we saw how distinct objects in the same place at the same time can be strictly ordered by an asymmetrical, transitive relation of material constitution. I show herein how this relation can conceivably form ‘upright trees’ in which one object constitutes two other objects, neither of which constitutes the other. It is, however, impossible to have ‘inverted trees’ in (...) which one thing is constituted by two things neither of which constitutes the other. (This impossibility is implied when supposing that there is just one thing which counts as the proximate matter of a thing.). (shrink)