In this short article, my aim is to introduce readers to some debates about religious freedom and constitutional law in the United States. I highlight a few of the enduring questions debated by political philosophers and legal scholars. For example, does the Constitution require special religious exemptions for citizens whose religious convictions put them at odds with otherwise neutral and legitimate state pol- icy? Should the Constitution be interpreted as supporting a strict secularism or a multicultural egalitarian liberal (...) position? What are the limits to religious freedom? To illustrate how these and related questions are debated I consider some recent work on religious freedom jurisprudence in the United States. (shrink)

What becomes of our clearest theories of explanation, when faced with the unpalatable quantum phenomena that seem to undermine the direct conceptual connection between the fundamental material entities and the self-standing material objects of everyday parlance? The general explanatory theory advocates unification of explanatory concepts with everyday discourse, identification of essentially similar characteristics between direct experience and the hypothesised explanatory ontology, and a conceptualisation of phenomena in terms of objects enduring causally regulated change. On the other hand quantum theory feeds (...) antirealist suspicions about the worth of realist explanatory endeavour with examples of phenomena in which the structure of material separation and individuation based on spatial extension is insufficient for construction of deeper explanatory narratives. An example from history of science, that of Newton’s law-constitutive definition of objects in response to D escartes problem of bodies is used to suggest a possible strategy for explanations unifying the quantum and common-sense conceptual domains, provided the anti-realist challenge to such enterprise is read as questioning the epistemological justification of interpretation of experience in both cases.Što se događa s najjasnijim dostupnim teorijama objašnjenja kada se suoče s problematičnim kvantnim pojavama koje naizgled potkopavaju neposrednu konceptualnu poveznicu između fundamentalnih materijalnih entiteta i samoopstojnih materijalnih predmeta iz svakodnevnog govora? Opća teorija objašnjenja preporuča objedinjenje teoretskih eksplanatornih pojmova sa svakodnevnim govorom, određenje esencijalno sličnih karakteristika između neposrednog iskustva i hipotetske eksplanatorne ontologije te konceptualizaciju pojava kroz predmete koji istraju kroz uzročno regulirane promjene. S druge strane, kvantna teorija potkrjepljuje antirealistične sumnje o valjanosti eksplanatornog nastojanja realizma primjerima pojava u kojima je struktura materijalne razdvojenosti i individuacije temeljene na prostornoj protežnosti nedovoljna za izgradnju dubljih eksplanatornih narativa. Primjerom iz povijesti znanosti, Newtonovom definicijom predmeta temeljenom na zakonima kao odgovorom na Descartesov problem materijalnih tijela, daje se moguća strategija izgradnje objašnjenja koja objedinjuju kvantne i “zdravorazumske” konceptualne domene, ukoliko se antirealistična kritika te izgradnje u oba slučaja shvati kao propitivanje epistemološkog opravdanja tumačenja iskustva. (shrink)

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

Recent work on essence describes essence as assimilated to definition. It also posits a plurality of kinds of essence.Howdoes assimilation relate to pluralism? According to one view, a kind of essence is adequate only if it is definitional: something is essential to an item, in the relevant sense, only if it is part of what it is to be that item. In this paper, I argue that assimilation and pluralism are in tension with respect to consequentialist essence. This is problematic (...) given that, as a methodological prescription, some philosophers advise us to work with consequentialist essence. In this paper, I develop a theory of constitutive essence and use it to resolve the problem by defining an adequate notion of consequentialist essence that preserves the methodological prescription. (shrink)

We enter here upon a history of conversational traffic between the respective departments of philosophy and law in the old academy of liberalism, where lawyers hear much from philosophers, yes-and philosophers hear from lawyers, too, in what has fruitfully been a both-ways exchange. Our philosophical protagonist is John Rawls. This book comprises a study of the rise and workings, within the Rawlsian political-liberal philosophy, of the idea of a country's higher-legal constitution as a public platform for the justification of (...) political coercion. A study of Rawls on constitutionalism can help us, I believe, in scoping out and managing a cluster of constitutional lawyers' debates-interminable ones, it seems, in the constitutional-democratic precincts of our times-that I will catalogue soon below. But conversely, I believe, those seeking the best and truest readings of Rawls might have something to learn from the controversies of the lawyers. My approach to Rawls has accordingly been that of a critically leavened (while no doubt broadly sympathetic) exegesis, while with the legal-discursive materials I take more of a diagnostic turn. My hope is that a treatment of these two discourses in relation to each other will prove an aid to both political-philosophical and legal-practical reflection. (shrink)

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

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

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

Scholars in science and technology studies (STS) have recently been called upon to advise governments on the design of procedures for public engagement. Any such instrumental function should be carried out consistently with STS’s interpretive and normative obligations as a social science discipline. This article illustrates how such threefold integration can be achieved by reviewing current US participatory politics against a 70-year backdrop of tacit constitutional developments in governing science and technology. Two broad cycles of constitutional adjustment are discerned: the (...) first enlarging the scope of state action as well as public participation, with liberalized rules of access and sympathetic judicial review; the second cutting back on the role of the state, fostering the rise of an academic-industrial complex for technology transfer, and privatizing value debates through increasing delegation to professional ethicists. New rules for public engagement in the United Sates should take account of these historical developments and seek to counteract some of the anti-democratic tendencies observable in recent decades. (shrink)

Is freedom of research protected at the constitutional level? No obvious answer can be given to this question, as European and Northern American constitutional systems are not unequivocal and the topic has not been discussed deeply enough.Looking at the constitutions of some European and Northern American countries, it is possible to immediately note that there are essentially two ways to deal with freedom of scientific research. On the one hand, in Canada and in the US, constitutions have no specific provisions (...) to protect freedom of scientific research, with the result that such freedom ends up having to be protected as a specific aspect of the wider freedom of thought and expression . On the other hand, other countries’ constitutional systems, mainly European ones, expressly recognise freedom of research and teaching arts and science. For instance, article 5 of the German Constitution states that “Art and science, research and teaching are free”, article 33 of the Italian Constitution1i establishes that “The arts and sciences as well as their teaching are free” and article 59 of the Slovenian Constitution states that “Freedom of scientific research and artistic endeavor shall be guaranteed”.Within this second group, some constitutions limit their protection to the provision of freedom of scientific research, whereas other fundamental laws engage governments in promoting and supporting it. For example, the Italian Constitution, which states that “The Republic promotes cultural development and scientific and technical research” , the Spanish Constitution, according to which “public authorities shall promote science and scientific and technical research for the benefit of general interest” and, also, the Greek Constitution, whose article 16 establishes that art, science, research and their teaching are free, and their promotion is mandatory for the State.2 It …. (shrink)

This brief paper is devoted to criticizing the widespread reading of Kant’s first Critique, according to which reference to subject-independent objects is “constituted” by higher-order cognitive abilities (concepts). Let us call this the “constitutional view.” In this paper, I argue that the constitutional reading confuses the un-Kantian problem of how we come to represent objects (which I call the intentionality thesis) with the quite different problem of how we cognize (erkennen) (which I call the “cognition thesis”) that we do represent (...) objects, that is, things that exist independently of the subject. (shrink)

This brief paper is devoted to criticizing the widespread reading of Kant’s first Critique, according to which reference to subject-independent objects is “constituted” by higher-order cognitive abilities (concepts). Let us call this the “constitutional view.” In this paper, I argue that the constitutional reading confuses the un-Kantian problem of how we come to represent objects (which I call the intentionality thesis), with the quite different problem of how we cognize (erkennen) (which I call the “cognition thesis”) that we do represent (...) objects, that is, things that exist independently of the subject. (shrink)

A widely held view has it that sometimes there is more than one thing in exactly the same place, as is the case, allegedly, with a clay statue. There is the statue, but there also is a piece of clay—both obviously in the same place yet distinct in virtue of their differing properties, if only modal ones. Those holding this view—pluralists—often describe the relation between such objects as one of constitution, with the piece of clay being said to constitute (...) the statue. In the first part of this paper I consider ways in which the supposed relation of constitution may be understood. I conclude that the only coherent interpretation of ‘x constitutes y’ is one on which it is presupposed that x and y are identical. While this does not, by itself, show that pluralism is false, it is something that should make us suspicious of it. In the second part of the paper I propose a simple way with the temporal and modal facts the pluralist appeals to, showing that they do not force us into accepting his puzzling doctrine. (shrink)

This book deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and privacy. The main argument of this book is that much can be learned about the nature of fundamental legal rights by examining them through the lens of conflicts among such rights, and criticizing the views of scholars and jurists who have discussed both fundamental legal rights and the nature (...) of conflicts among them. -/- Theories of rights are necessarily abstract, aiming at providing the best possible answers to pressing social problems. Yet such theories must also respond to the real and changing dilemmas of the day.Taking up the problem of conflicting rights, Zucca seeks a theory of rights that can guide us to a richer, more responsive approach to rights discourse. -/- The idea of constitutional rights is one of the most powerful tools to advance justice in the Western tradition. But as this book demonstrates, even the most ambitious theory of rights cannot satisfactorily address questions of conflicting rights. How, for instance, can we fully secure privacy when it clashes with free speech? To what extent can our societies assist people in dying without compromising the protection of life? Exploring the limitations of the rights discourse in these areas, Zucca questions the role of law in settling ethical dilemmas helping to clarify thinking about the limitations of rights discourse. (shrink)

Christian List and Philip Pettit develop an account of group agency which is based on a functional understanding of agency. They claim that understanding organizations such as commercial corporations, governments, political parties, churches, universities as group agents helps us to a better understanding of the normative status and working of those organizations. List and Pettit, however, fail to provide a unified account of group agency since they do not show how the functional side of agency and the normative side of (...) agency are connected. My claim is that a constitutive account of agency helps us to a proper understanding of group agency since it ties the functional part of acting to the group agent’s self-understanding and its commitment to specific norms, principles and values. A constitutive model of agency meets much better what List and Pettit seek to accomplish, namely conceiving of group agents as artificial persons, constituted by normative principles and entertaining normative relations to others to whom they are accountable. (shrink)

This chapter contains sections titled: Focus: The United States Theorizing about Privacy Meaning and Definition Questions of Value Conclusion References.

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

One of biology's fundamental aims is to generate understanding of the living world around—and within—us. In this chapter, I aim to provide a relatively nonpartisan discussion of the nature of explanation in biology, grounded in widely shared philosophical views about scientific explanation. But this discussion also reflects what I think is important for philosophers and biologists alike to appreciate about successful scientific explanations, so some points will be controversial, at least among philosophers. I make three main points: (1) causal relationships (...) and broad patterns have often been granted importance to scientific explanations, and they are in fact both important; (2) some explanations in biology cite the components of or processes in systems that account for the systems’ features, whereas other explanations feature large-scale or structural causes that influence a system; and (3) there can be multiple different explanations of a given biological phenomenon, explanations that respond to different research aims and can thus be compatible with one another even when they may seem to disagree. (shrink)

Graham Walker boldly recasts the debate over issues like constitutional interpretation and judicial review, and challenges contemporary thinking not only about specifically constitutional questions but also about liberalism, law, justice, and rights. Walker targets the "skeptical" moral nihilism of leading American judges and writers, on both the political left and right, charging that their premises undermine the authority of the Constitution, empty its moral words of any determinate meaning, and make nonsense of ostensibly normative theories. But he is even (...) more worried about those who desire to conduct constitutional government by direct recourse to an authoritative moral truth. Augustine's political ethics, Walker argues, offers a solution--a way to embrace substantive goodness while relativizing its embodiment in politics and law. Walker sees in Augustinian theory an understanding of the rule of law that prevents us from mistaking law for moral truth. Pointing out how the tensions in that theory resonate with the normative ambivalence of America's liberal constitutionalism, he shows that Augustine can provide successful but decidedly nonliberal grounds for the artifices and compromises characteristic of law in a liberal state. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

There is a tension between the idea of popular sovereignty and our understanding that basic constitutional rights and liberties have a normative authority which is independent from the results of democratic decision‐making procedures. On the one hand there is the claim that the content of political justice, at least as far as the basic liberties are concerned, is to be fixed solely by substantive moral and political argument, while on the other there is the claim that it is the people (...) who determine the specific scheme of basic liberties that they live under. The apparent tension between the two claims can be resolved by introducing, firstly, a distinction between the concept of justice and the concept of legitimacy and, secondly, between proto‐rights and constitutional rights. Unlike constitutional rights, proto‐rights are moral, not legal, rights, and they are less specific than constitutional rights: one set of proto‐rights allows for various schemes of legal constitutional rights. Proto‐rights are part of the principles of justice and can be established only by substantive argument while constitutional rights have to be established by the procedures of democratic legitimization, and, therefore, they are a result of the exercise of popular sovereignty. The correlated distinctions between justice and legitimacy, and between proto‐rights and constitutional rights, allow us to specify the scope of the two claims and, hence, to affirm both simultaneously. The philosophical and legal relevance of the distinctions made is elucidated by a brief discussion of the constitutional rights of freedom of speech in the US and Germany. (shrink)

Context has always been central to Searle’s account of constitutive rules, as can be appreciated from his classic formulation, ‘X counts as Y in context C.’ But while the nature of X and Y in Searle have been widely discussed, the role of the context in which Y is constituted on the basis of X has not. So, in this paper, I will discuss how context shapes the process of constituting and creating meaning through rules and how, in doing so, (...) it affects the regulative action of constitutive rules. I extract from this argument the general thesis that the two main questions concerning constitutive rules-namely, ‘How can they be constitutive of meaning?’ and ‘How can they be rules even so, despite their constitutive role?’-can be solved by looking at the wider context, or ‘practice,’ within which these rules are framed, and that such an approach can give us further insight into the functioning of institutions. (shrink)

This article critically evaluates the possible impact of the Charter on the relationship between the Court of Justice of the European Union and national constitutional courts. While it is premature to provide a definitive assessment of the kind of collaboration that these courts will develop, it is crucial to identify a number of features of the new landscape that will influence the direction in which the relationship between the CJEU and constitutional courts will evolve. This article discusses several reasons that (...) may result in better or a higher number of judicial interactions, as well as factors that may create tension or cause problems in the relationship between the CJEU and national constitutional courts. As such, it offers a framework that may help us to understand future post-Charter judgments by these courts setting out how they conceive their engagement with their counterpart on fundamental rights issues. (shrink)

The article is addressing one of the central but maybe the most ambiguous and multilayered concepts of Husserl’s phenomenology. Husserl’s insisting on a form of intentionality that implies not just conscious directedness towards objects, but also a constitutive function of mental acts, led to some serious accusations of his idealism and solipsism. Justification of such accusations depends exclusively on whether we understand constitution in an ontological sense, as a creative process which brings worldly entities into being, or in an (...) epistemological sense, as a process which enables us to identify and to interpret a particular givenness as something. In early stages of phenomenology, a so-called “hylomorphic” theory of constitution prevailed, which stated that object of our experience can be present for us only if some sense-data is formed in our intentional acts by a meaning-giving component. This theory proved to be unsatisfying when Husserl turned to a phenomenological description of temporal objects, discovering that not just objects, but also intentional acts have a distinct temporal structure. However, the analysis of temporal constitution reaches even further, because the idea of the “living present”, and its triadic structure of retention-primal impression-protention, holds the key to an explanation of horizon-intentionality, and offers the answer to an essential transcendental question: How is it possible for us to be aware of the world towards which all of our intentional life is directed, and from which all of the motivation for our actions originates? (shrink)

Due to the difficulties of providing an adequate physicalist solution to the problem of consciousness, recent years have seen explora­tions of different avenues. Among these is the thesis of cosmopsychism, the view that the cosmos as a whole possesses consciousness. However, constitutive cosmopsychism is faced with the difficult problem of de­combination: how to consistently maintain the claim that individual subjects are grounded in one absolute consciousness. This paper sug­gests a solution by outlining a theoretical model of a broadly idealistic and (...) quantitative substance-monistic character. The key idea here is a triadic rather than monistic or dualistic conception of the subject. This conception allows us to affirm that the individual subject exists while simultaneously holding that its substance component is part of the one, undivided substance. This substance is in turn the substantive component of an all-encompassing, absolute subject. Notably, this model avoids the problem of decombination. (shrink)

The US Supreme Court’s abortion decisions over the past forty years have helped to shape cultural beliefs and practices concerning heterosexual relationships, marriage, and parenting. This is true both in the practical and in the legal senses. Practically speaking, definitively separating sex from childbearing, as only abortion can do (given how often contraception fails), inevitably changes the meaning of sex, and therefore of heterosexual relationships. Legally speaking, the Court’s influence was mediated significantly by its decision to locate the right of (...) abortion in an area of constitutional law—substantive due process—which claims to contain only those rights that are indispensable to our national understanding of freedom, both at the level of the individual and respecting our overarching democratic order. In particular, over the course of forty years of abortion opinions, the Court’s reflections on a claimed link between abortion and freedom have led it to conclusions broadly reflected in modern American beliefs and practices insofar as sex, marriage, and parenting are concerned. These include, inter alia, a suspicion of motherhood on the grounds of its risks and harms, the dispensable roles and violent characters of men, the great importance of adults’ wishes, and the importance of sexual expression for individual identity, divorced from consequences for partners or children. (shrink)

In The Democratic Horizon: Hyperpluralism and the Renewal of Political Liberalism, Alessandro Ferrara seeks a philosophical breakthrough from what looks like it could be a pending dead-end for democracy. The best hope, Ferrara superbly maintains, lies through an extension or updating – a “renewal,” as he calls it – of lines of thought bequeathed to us, by John Rawls and others, under the name of political liberalism. Somewhere near the crux of Ferrara’s reflection stands a class of institutional fixtures whose (...) name is missing from his title. I mean the class “constitution.” I use that word to name a country’s scriptural basic law, its publicly cognizable corpus of canonically worded sentences ordaining the country’s basic institutional framework. My suggestion will be that it is no less tellingly a “constitutional” than a “democratic” horizon that Ferrara’s work, in conjunction with Rawls’s, shows us to be facing. (shrink)

In his book on Liberalism against Populism , William Riker argued that Lincoln's success in the 1860 election was the culmination of a long progression of strategic attempts by the Whig coalition of commercial interests to defeat the `Jeffersonian-Jacksonian' Democratic coalition of agrarian populism. Riker adduced Lincoln's success to his `heresthetic' maneuver to force his competitor, Douglas, in the 1858 Illinois Senate race, to appear anti-slavery, thus splitting the Democratic Party in 1860. Riker also suggested that electoral preferences in 1860 (...) exhibited an underlying `chaotic' preference cycle. However, these accounts do not explain why the slavery question became paramount in 1858-60. I suggest here that US politics, from 1800 to 1858, can be interpreted in terms of a single land-capital axis that sustained the pre-eminence of an agrarian coalition, first created by Jefferson, of both slave interests and free labor. Lincoln's strategy in 1858-60 was to persuade free labor in the northern and western states that they were threatened by the consequences of the Dred Scott decision by the Supreme Court in 1857. Lincoln argued that although the decision applied to the territories, it was indicative of the intention of the South to extend slavery to the free states. Lincoln's speeches in 1858-60 made this threat credible to the North, and initiated a belief cascade among the electorate. For southern voters, the North consequently appeared to be a `tyrannical' majority, whose creation violated the constitutional logic of Union, and legitimated secession. I argue that this second `civil rights dimension, created in the election of 1860, is necessary for understanding critical elections that have occurred at irregular intervals in US political history. Key Words: constitutional transformation • belief cascade • contingency. (shrink)

The aim of the paper is to discuss some recent variants of familiar puzzles concerning the relations of parts to wholes put forward by Trenton Merricks and Eric Olson. The argument is put forward that so long as the familiar distinction between 'loose and popular' and 'strict and philosophical' senses of identity claims is accepted the paradoxical conclusions at which Merricks and Olson arrive can be resisted. It is not denied that accepting the distinction between 'loose and popular' and 'strict (...) and philosophical' senses of identity claims is itself a departure from common-sense, but it is argued that it is the smallest such departure available to us. (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)

Phenomenology and Embodiment. Husserl and the Constitution of Subjectivity is a surprising study, given that much has been written during the last decades on phenomenology and embodiment. Although its author, Joona Taipale, does not offer revolutionarily new insights into Husserl’s phenomenology , the book is an outstanding contribution to phenomenology in general, and to Husserlian phenomenology in particular. For although it covers a broad range of topics within the area of a phenomenology of embodiment, its author expertly brings together (...) a diverse range of aspects of his topic and weaves together many thematic threads in a lucidly written and coherent text. The study is superbly organized, as well as clearly laid out in its introduction and conclusion. And though partial aspects of Taipale’s topics have been addressed before, this is the first study, as far as I can see, that brings them all together within 240 pages. After a discussion of “small scale” issues, such .. (shrink)

Husserlian phenomenology develops around Husserl’s theory of the complex structure of intentionality, featuring key notions of noesis, noema, horizon, and the constitution of objects of consciousness. By virtue of the structures of noema and horizon found in our experience, things in the world around us are said to be “constituted” in consciousness (along with self and other). The present essay explores intentionality and constitution as modeled in lines of interpretation that extend classical Husserlian phenomenology. The resulting “semantic” approach (...) to intentionality draws on the ontology of consciousness, meaning, and horizon, unfolding a “constitutive” realism whereby our consciousness takes its place in the world beyond our consciousness, yet we experience things in the world around us by virtue of noema and horizon. The “logical” and the “transcendental” aspects of phenomenal intentionality appear in due course, within a formal model of intentionality, a model taking shape within a meta-phenomenological and meta-metaphysical framework. (shrink)

This paper will examine the nature of mechanisms and the distinction between the relevant and irrelevant parts involved in a mechanism’s operation. I first consider Craver’s account of this distinction in his book on the nature of mechanisms, and explain some problems. I then offer a novel account of the distinction that appeals to some resources from Mackie’s theory of causation. I end by explaining how this account enables us to better understand what mechanisms are and their various features.

In recent years, there has been a growing interest in epistemic agency among philosophers. This development is in part owing to a growing interest in mental agency and epistemic normativity, along with associated concepts such as epistemic responsibility and the relationship between epistemic rationality and practical rationality. Most authors have focused solely on our agency exercised in the process of acquiring or forming beliefs in response to reasons. But some have examined temporally extended procedural epistemic agency, in particular our agency (...) exercised in the process of inquiry. In this article, I argue for an account of procedural epistemic normativity grounded in a conception of the constitutive aim of inquiry. In doing so I will examine how an account of the constitutive aim of inquiry may both differ from and be like accounts of the constitutive aim of belief and the constitutive aim of intentional action. I propose that the constitutive aim of inquiry is understanding and that the aim of understanding may provide us with the norms of inquiry. (shrink)

Few scholars have explored the founding documents to identify the deliberate social change strategy that led to America's independence and a new form of government that was of, by, and for the people. This study aimed to apply a post-hoc polytheoretical framework of power to the findings of a democratic social change study to understand the dynamics of power between Great Britain and the American colonists. The original study employed the constructivist grounded theory tradition to explore democracy in the Declaration (...) of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. This produced two frameworks of power strategies, one empowering and the other demoralizing: principles of democracy and anti-democratic tenets. To gain a holistic perspective of the interplay of power, a polytheoretical framework of power consisting of theories of power proposed by Marx and Engels, Bourdieu, and Foucault was employed to discuss the findings. The findings suggested that democratic social change interacts with structural forces, culture, and power strategy selection. This could provide an alternative lens through which to explore whether people of color in America were used instrumentally to sustain democracy. (shrink)

Any complete account of morality should be able to account for its characteristic normativity; we show that enactivism is able to do so while doing justice to the situated and interactive nature of morality. Moral normativity primarily arises in interpersonal interaction and is characterized by agents’ possibility of irrevocably changing each other’s autonomies, that is, the possibility of harming or expanding each other’s autonomy. We defend that moral normativity, as opposed to social and other forms of normativity, regulates and, in (...) some cases, constitutes this very possibility. Agents are thus morally responsible for caring about their own and others’ autonomies in interaction. In our conception, moral normativity is embodied, situated, and deeply affective, and is constituted in social practices and maintained in interaction. We identify at least two necessary conditions for moral normativity to arise as a social practice. The first is our embodied constitution as living beings who are precarious and therefore vulnerable and in need of interaction with others and with the environment. The second is our sociolinguistic nature, which allows us to exponentially expand our possibilities for action and normatively distinguish among them. We finish by drawing a distinction between moral character and the moral content of interactions, which allows us to universally recognize the ethical dimensions of all human interaction while doing justice to the situated character of morals. (shrink)

In “The Fixation of Belief,” Peirce apparently accepts the causal claim that real physical objects cause us to reach an indefeasible “final opinion” concerning them. In “How to Make Our Ideas Clear,” he apparently accepts the constitutive claim that for physical objects to be real just is for them to be represented in that opinion. These claims initially seem inconsistent, since causal claims are explanatory and since equivalent claims cannot explain one another. Contrary to prominent suggestions that Peirce rejected the (...) constitutive claim, however, he actually accepted both, reconciling them via a Humean denial that causal claims are genuinely explanatory. (shrink)

The potential of emancipatory social movements to generate new legal norms is a source of hope for feminist activists. Yet there are also serious doubts as to the impact that marginalized women can have on legal institutions and constitution-making. This tribute to Drucilla Cornell foregrounds her contributions to theorizing women’s movements as a source of social-cultural values that could spark constitutional transformation. While Cornell’s concept of “global apartheid,” which exposes the linkages among legalized racism, sexism, capitalist exploitation, and anti-immigrant (...) politics, might seem to reinforce doubts concerning women’s capabilities, the overall legacy of her legal philosophy is hopeful. Building on social movement practices of intergenerational storytelling, ethical witnessing, historical recollection, and respect for the dignity of women brutalized by apartheid systems, Cornell envisioned a revolutionary constitutionalism powerful enough to dismantle global apartheid. Out of women’s movement spaces, she showed us, dignitarian norms emerge with momentum to transform constitutional law. (shrink)

This article presents a normative‐theoretical account of democratic legitimacy that meets the challenge of moral and cultural pluralism in a way that takes the avoidance of oppression and violence to be a fundamental imperative. The discourse‐theoretical perspective of jürgen Habermas reveals that reasoned agreement among citizens is the only alternative to political oppression. Pace Habermas, however, the legitimacy of even basic constitutional principles does not require us to agree with one another for the same reasons. While we can affirm such (...) principles for a wide range of different reasons, the process of achieving reasoned agreements on contentious issues draws us together as citizens in loyalty to a particular, historical set of political institutions. The reasoned commitment to our constitution that we come to share in this ongoing process acts as an identity‐forming bond that allows us to live in peace with deep moral and cultural differences. (shrink)