In order to account for the mode of existence of social rules and norms, the author develops a theory of the emergence of institutional facts. Just as other kinds of institutional fact, rules and norms are meanings. Therefore, insight into the emergence of social rules and norms can be achieved by studying the recognition and the communication of meanings. Following accounts of meaning and factuality, institutional facts are characterized as unquestionable shared typifications. It is argued (...) that, in becoming an institutional fact, a typification goes through two phases. First, it becomes a social habit. Second, this habit turns into an obligation by being objectified. (shrink)

In order to account for the mode of existence of social rules and norms, the author develops a theory of the emergence of institutional facts. Just as other kinds of institutional fact, rules and norms are meanings. Therefore, insight into the emergence of social rules and norms can be achieved by studying the recognition and the communication of meanings. Following accounts of meaning and factuality, institutional facts are characterized as unquestionable shared typifications. It is argued (...) that, in becoming an institutional fact, a typification goes through two phases. First, it becomes a social habit. Second, this habit turns into an obligation by being objectified. (shrink)

Why do multinational corporations frequently encounter corporate social responsibility crises in leading emerging markets in the new century? Existing research about institutional impacts on MNC CSR has developed a void-based account about how the flawed institutional system allows misdeeds to happen. But the fact that such misdeeds have turned into increasing CSR crises in the new century along with institutional change is rarely taken into account. This paper combines studies of institutional voids, institutional entrepreneurship, and (...) stakeholder theory to develop a concept of institutional sophistication, which refers to both the top-down maturation of the regulatory system that standardizes firm behavior and the bottom-up diversification and intensification of grassroots initiatives that redefine stakeholder membership. Based on this concept, we developed a framework to comprehensively demonstrate how both institutional voids and sophistication drive the MNC CSR crisis in leading emerging markets. Empirically, we established an original database that includes 309 publicized CSR crises encountered by major foreign MNCs in China, India, and Russia, 2000–2011. Through a content analysis, the paper reveals six common sophistication processes that drive the MNC crisis across contexts and also specifies stakeholder strategies that make these processes happen and vary by social problems and national contexts. We also discussed the value of studying corporate social irresponsible behavior in understanding the institution–MNC relationship. (shrink)

Marshall's article used Wittgenstein to argue that self functions as an explanation for a name rather than a referent. This brief response tries to rescue Marshall from an apparent reduction of self to material body without returning him to the mind/body dualism that he, with Wittgenstein and Dennett, seeks to avoid. It treats ‘I’ as an emergent institutional fact, not inconsistent with a constructed explanation or narrative, but emerging from shared social practices rather than an abstracted agent.

) article used Wittgenstein to argue that self functions as an explanation for a name rather than a referent. This brief response tries to rescue Marshall from an apparent reduction of self to material body without returning him to the mind/body dualism that he, with Wittgenstein and Dennett, seeks to avoid. It treats ‘I’ as an emergent institutional fact, not inconsistent with a constructed explanation or narrative, but emerging from shared social practices rather than an abstracted agent.

Scientific progress has many facets and can be conceptualized in different ways, for example in terms of problem-solving, of truthlikeness or of growth of knowledge. The main claim of the paper is that the most important prerequisite of scientific progress is the institutionalization of competition and criticism. An institutional framework appropriately channeling competition and criticism is the crucial factor determining the direction and rate of scientific progress, independently on how one might wish to conceptualize scientific progress itself. The main (...) intention is to narrow the divide between traditional philosophy of science and the sociological, economic and political outlook at science that emphasizes the private interests motivating scientists and the subsequent contingent nature of the enterprise. The aim is to show that although science is a social enterprise taking place in historical time and thus is of a contingent nature, it can and in fact does lead to genuine scientific progress - contrary to the claims of certain sociologists of science and other relativists who standardly stress its social nature, but deny its progressive character. I will first deal with the factual issue by way of introducing the main concepts and mechanisms of modern institutional theory and by applying them to the analysis of the cultural phenomenon that we call modern science. I will then turn to the normative issue: what is the appropriate content of the institutional framework, for scientific progress to emerge and be sustained at which level should it be set and by whom? Addressing this problematic is equivalent to conducting a constitutional debate leading to a Constitution of Science. (shrink)

ABSTRACT The individual-community relationship has always been one of the most fundamental topics of social sciences. In sociology, this is known as the micro-macro relationship while in economics it refers to the processes, through which, individual actions lead to macroeconomic phenomena. Based on philosophical discourse and systems theory, many sociologists even use the term "emergence" in their understanding of micro-macro relationship, which refers to collective phenomena that are created by the cooperation of individuals, but cannot be reduced to individual actions. (...) "Emergence" theories attempt to explain the nature of society as a complex system by examining how individuals and their relationships lead to the creation of integrated and macro-social phenomena such as markets, educational systems, cultural beliefs, and shared social practices. As a prelude to activity, every researcher has to answer the question from the methodological point of view, how is it possible to study the behavior of social groups and how can we gain knowledge about the laws related to social groups? Anyone who deals with humanities and social sciences or any reality and phenomenon that affects human beings, inevitably deals with the reality that is emerging. In fact, emergence occurs when one level of reality emerges radically from another level. Examples of emergent levels of reality include how the mind emerges from the body; or the way society emerges from human beings. Therefore, when there is an emerging factor, different scientific disciplines should be used, because it is inevitable to talk about social affairs, psychology and neurobiology, as well as physical and even chemical. -/- INTRODUCTION Since its beginning in the 19th century, sociology has faced the fundamental question of what a social phenomena stands for? At a glance, sociologists deal with the study of social groups, collective behavior, institutions, social structures, social networks, and social dynamics, and ultimately all such phenomena are composed of individuals. Therefore, social phenomena seem to have no independent ontological status, and in this case, sociology is ultimately about reducible individuals. Different approaches about the micro-macro relationship, using the concept of "emergence", argue that although collective phenomena are created by individuals, they cannot be reduced to individual action. The term "emergence" is used to distinguish "emergent results" from " Procedural results". Results are called Procedural that can only be calculated by adding or subtracting the causes that act together. On the contrary, they are emergent outcomes that are qualitatively novel compared to the causes from which they originate. An example of such emergent results is mental characteristics that emerge from neural processes, but are not considered among the characteristics of neural processes of components - which are their origin. Philosophical debates about emergentism and reductionism focus on the mind-brain relationship, but as many philosophers have noted, they can be generalized to apply to any hierarchical set of features. The cognitive revolution reactivated a 19th century controversy between theorists of Identity and dualism. The theorists of Identity believe in reductionist materialism and elimination of metaphysics, according to which the mind is nothing more than the biological, while the dualists believe that the mind and the brain are distinct from each other. Emergence has been considered as a third way between the theories of Identity and dualism. -/- METHODOLOGY Interdisciplinarity Is fundamentally indicated by the dominance of open systems as well as social and emerging systems at different levels. Therefore, as long as we are facing a new emergentism, there will necessarily be different fields and an interdisciplinary method. The commonality of social sciences and cognitive sciences on the issue of emergence provides the possibility of interaction and exchange of concepts between these two for deeper research. Therefore, in this research, apart from the concepts of Subvenience and downward causation, we have used multiple realization and wildly disjunctive, which are used to explain the emerging concept in cognitive sciences, including neurobiology, psychology, and philosophy. For analytical and interdisciplinary approaches, after examining the concepts of subvenience, and wildly disjunctive, Individualistic and collectivist emergentism have been reviewed. And then their adequacy is criticized and evaluated in meeting strong emergence conditions. -/- FINDINGS Philosophers of the mind have been able to define the conditions of irreducibility and downward causation, which are essential for strong emergence, by using the principle of subvenience with the help of multiple realization and wildly disjunctive principles. Therefore, by definition, emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and emergentist collectivism faces the challenge of reification. The analysis of the challenges facing the two methodological approaches of individualism and collectivism leads us to three unresolved issues about the emerging phenomenon, which are realism, downward causality, and mechanism. Despite the differences in the stances of these two approaches regarding the aforementioned triple problems, individualists and collectivists both agree that some social characteristics are reducible; and some others are irreducible due to their complexity, the determination of which, depends on the case study of the mechanism of emergence of each social characteristic. -/- CONCLUSION An emergence that is consistent with reductionism is called a weak emergence. And strong emergence includes the principle of irreducibility and downward causality. According to strong emergence, the characteristics of social phenomena have downward causal power, which cannot be reduced to the causal forces. The principle of subvenience, together with multiple realization and wildly disjunctive, can provide the conditions of irreducibility and downward causality, which are essential conditions of strong emergence. Based on the philosophical analysis of two methodological approaches, individualist and collectivist, it can be concluded that emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and reification collectivism faces the challenge of reification. The analysis of the problems faced by these two approaches leads us to three unresolved issues, which are realism, downward causality, and mechanism. individualist emergentists acknowledge the existence of emergent social characteristics, but despite this, they believe that these characteristics are not real but merely analytical constructs that require explanation based on individuals and their mutual actions. But collectivists argue that emergentism yields a categorical ontology and supports social realism. They accept the dependence of social characteristics on individuals, but claim that social entities and structures are ontologically independent. Individualists and collectivists both agree that some social characteristics are reducible; and others are irreducible due to their complexity; and the only way to recognize this is to engage in empirical studies of the mechanisms and temporal processes of "emergence" that create social characteristics. -/- NOVELTY The newness of this compact article is as follows: a) Presenting an interdisciplinary approach using the analysis of philosophy of cognitive sciences, including the philosophy of mind, neurobiology and psychology to formulate the issue of social emergence; b) Criticizing individualist and collectivist methodological approaches to the issue of social emergence and explaining the sufficiency and shortcomings of both in providing weak and strong emerging conditions; c) Explaining and categorizing the challenges facing methodological approaches in explaining the phenomenon of social emergence, in three categories: realism, downward causality, and mechanism. BIBLIOGRAPHY Beckermann, A., Flohr, H., & Kim, J. (eds.) (1992). Emergence or reduction? Essays on the prospects of nonreductive physicalism. Berlin: Walter de Gruyter. Bhaskar, R. (1979). The possibility of Naturalism. New York: Routledge. Bhaskar, R., Danermark, B. & Price, L. (2018). Interdisciplinarity and wellbeing: A critical realist general theory of interdisciplinarity. London and New York: Routledge. Blau, P.M. (1981). Introduction: diverse views of social structure and their common denominator. In Blau, P.M. & Merton, R.K. (eds.), Continuity in Structural Inquiry (pp. 1–23). Beverly Hills: Sage. Blau, P.M. (1987). Microprocess and macrostructure. In K.S. Cook (ed.), Social Exchange Theory (pp. 83–100). Newbury Park, CA: Sage. Brooks, R.A., & Maes, P. (eds). (1994). Artificial life IV; proceedings of the Fourth International Workshop on the Synthesis and Simulation of Living Systems. Cambridge, Mass: MIT Press. Clark, A. (1997). Being there: Putting brain, body, and world together again. Cambridge, Mass.: MIT Press. Coleman, J. S. (1987). Microfoundations and macrosocial behavior. In: J. C. Alexander, B. Giesen, R. Munch, & Neil J. Smelser (Eds.). The Micro-Macro Link (pp. 153–73). Berkeley: University of California. Coleman, J. S. (1990). Foundations of social theory. Cambridge, MA: Harvard University Press. Elster, J. (1985). Making sense of Marx. New York: Cambridge University Press. Fodor, J.A. (1974). Special sciences (Or: The disunity of science as a working hypothesis). Synthese, 28(2), 97–115. Fodor, J.A. (1989). Making mind matter more. Philosophical Topics, 17, 59-79. Giddens, A. (1984). The constitution of society: Outline of the theory of structuration. Berkeley: University of California Press. Hempel, C.G. (1965). Aspects of scientific explanation and other essays in the philosophy of science. New York: The Free Press. Horgan, T. (1993). From supervenience to superdupervenience: meeting the demands of a material world. Mind, 102, 555-586. Humphreys, P. (1997). How properties emerge”. Philosophy of Science, 64, 1-17. Kim, J. (1999). Making sense of emergence. Philosophical Studies, 95, 3–36. Kincaid, H. (1997). Individualism and the unity of science. New York: Rowman & Littlefield. Lewis, D.K. (1986). The plurality of worlds. Oxford: Oxford University Press. Nigel, G., & Conte, R. (eds.) (1995). Artificial societies; The computer simulation of social life. London: UCL Press. O’Connor, T. (1994). Emergent properties. American Philosophical Quarterly, 31, 91-104. Popper, K.R. (1968). Conjectures and refutations: The Growth of Scientific Knowledge. New York: Harper & Row. Sawyer, R. K. (2001). Emergence in sociology: contemporary philosophy of mind and some implications for sociological theory. American Journal of Sociology, 107, 551-585. Sawyer, R. K. (2004). The mechanisms of emergence. Philosophy of the Social Sciences, 34, 260–282. Sawyer, R. K. (2005). Social emergence: societies as complex systems. Cambridge: Cambridge University Press. Sawyer, R.K. (2003). Nonreductive individualism: Part 2, Social causation. Philosophy of the Social Sciences, 33, 203–224. Winch, P. (1993). The idea of a social science and its relation to philosophy‭ (SAMT, Trans.). Tehran, Iran: SAMT. (shrink)

This book consists of a dialogue between two interlocutors, Pablo and a student, who discuss a great range of issues in social philosophy and political theory, and in particular, the emergence, working properties and economic effects of institutions. It uses the dialogical form to make philosophy more accessible, but also to show how ideas develop through intellectual interaction. The fact that one of the interlocutors is the "student" in a place in the real world makes the dialogue quasi-fictive in character (...) and enables the active engagement of the reader. After all, we are all philosophers and we develop our own philosophy by exchanging views and arguments. The dialogue form is and should remain the principal form of philosophizing, since ideas, like butterflies, do not merely exist – they develop. This is certainly the case in actual philosophical interaction, and it can be the case in written philosophical exposition. Although the dialogue does not presuppose prior acquaintance with the respective philosophical and social scientific literature under discussion in this book, it makes arguments more accessible, and conveys the feeling that there are no definite solutions to philosophical problems. (shrink)

There is at least one immediate sense in which legal discourse is perspectival: it qualifies acts and facts in the world on the basis of rules. Legal concepts are for the most part constituted by rules, both in the sense that rules define these concepts’ semantic content and that, in order to engage with legal practice, we must act according to those rules, not necessarily complying with them but at least having them in mind. This is the distinctive perspective (...) of law: however, it would be misleading to think that this is the only perspective we can have in legal discourse. That of rule-constituted legal concepts is the fundamental perspective -- the inevitable presupposition of most legal assertions -- but other perspectives are possible on top of this fundamental background: perspectives on law, stemming from the basic perspective of law. -/- In this paper, I will try to argue that some different perspectives regarding law can be accounted for by analyzing different kinds of concepts that emerge in connection with legal institutions. My argument will consist of three steps as follows. First, I will explain how legal concepts are constituted by rules, referring in this regard to John Searle’s analysis of institutional concepts as it emerges in his Making the Social World, of 2010, and amending this analysis according to some criticisms that in 1986 Neil MacCormick had raised against Searle with specific reference to the legal domain. -/- Second, I will show that there are some kinds of concepts relevant for an institution which are not captured by Searle’s analysis in terms of constitutive rules, even if this is amended according to MacCormick’s criticisms. This I will do by considering the game of chess as a simple system of rule-constituted concepts (concepts such as 'checkmate,' 'bishop,' 'king'). I will consider four examples of perfectly legitimate assertions regarding a match of chess -- these being (1) ‘I won’; (2) 'you made a good attack'; (3) 'you are cheating'; (4) 'you made good use of the first-move advantage,' and I will show that, while the first three assertions can be analyzed in terms of concepts (those of 'victory,' 'attack,' and 'cheating') which are not constituted by the rules of chess but are rather common to several different competitive games, being typical of the broader practice of competitive game-playing of which chess is an instance, the fourth assertion includes a concept (that of 'first-move advantage') which is peculiar to chess, just like a rule-constituted element, but is not constituted by the rules of chess. This analysis will lead to a new categorization of institutional concepts. Apart from rule-constituted institutional concepts, which are the only ones recognized by Searle, in order to account for cases (1), (2), and (3) I will distinguish between three kinds of meta-institutional concepts, namely, goal-oriented, mode-oriented, and value-oriented meta-institutional concepts, and then I will introduce the category of para-institutional concepts to account for case (4). -/- Finally -- and this is the third step of my argument -- I will explain how these different kinds of institutional concepts appear when we adopt different perspectives on the institutional frameworks we deal with. This will lead us to a categorization of possible perspectives regarding law that corresponds to the previous one regarding concepts. There is first a structural perspective regarding the instantiation of institutional elements which clearly involves rule-constituted institutional concepts -- as when we say 'I am making a will.' There is then a teleological perspective regarding the goal of our institutional acts which calls into question goal-oriented meta-institutional concepts -- as when we say 'I wrote that will in order for you to have a distinctive right to my property.' Then, we can adopt a strategical perspective regarding some peculiar ways in which institutional acts can be performed, and this has often to do with mode-oriented meta-institutional concepts -- as when we say 'the Labour Party is making parliamentary obstructionism so that the Government will fall before the enactment of the labour reform,' or 'workers start today a work-to-rule action.' Clearly, we can also adopt an evaluative perspective over institutional facts or acts, and here typically value oriented meta-institutional concepts emerge -- as when we say 'that rule is clearly unjust' or 'that contract is unfair.' Finally, we can limit ourselves to a descriptive perspective on phenomena which are peculiar to a given institutional setting, and here para-institutional concepts are often useful -- as when we say 'the Italian electoral system before 1990 led to a sort of reform paralysis' or 'a strict use of the criterion requiring proof beyond any reasonable doubt can be expected to entail a low conviction rate.'. (shrink)

The dominant “harmonious” notion of a social institution used by Searle in the discussion of social facts is critically reconsidered. It is argued that an essential ingredient is missing from this notion, namely the harming feature of power. The harmonious view treats power as an important part of social institutions, but takes into account only its beneficial side. This led to a thoroughly positive notion of social institutions which makes us blind to the harm they inflict, the duality of (...) those who benefit from exerting power and those who suffer from the power being exerted upon them, and the asymmetry between leading groups and those which “are lead”. It turns out that Searle's notion of social facts is robust and compatible with a more adequate notion of social institutions emerging from the investigation. (shrink)

The dominant “harmonious” notion of a social institution used by Searle in the discussion of social facts is critically reconsidered. It is argued that an essential ingredient is missing from this notion, namely the harming feature of power. The harmonious view treats power as an important part of social institutions, but takes into account only its beneficial side. This led to a thoroughly positive notion of social institutions which makes us blind to the harm they inflict, the duality of (...) those who benefit from exerting power and those who suffer from the power being exerted upon them, and the asymmetry between leading groups and those which “are lead”. It turns out that Searle's notion of social facts is robust and compatible with a more adequate notion of social institutions emerging from the investigation. (shrink)

Emergency care in large urban hospitals across the country is in the midst of major redesign intended to deliver quality care through improved access, decreased wait times, and maximum efficiency. The central argument in this paper is that the conceptualization of quality including the documentary facts and figures produced to substantiate quality emergency care is socially organized within a powerful ruling discourse that inserts the interests of politics and economics into nurses' work. The Canadian Triage and Acuity Scale figures (...) prominently in the analysis as a high‐level organizer of triage work and knowledge production that underpins the way those who administer the system define, measure and evaluate emergency care processes, and then use this information for restructuring. Managerial targets and thinking not only dominate the way emergency work is understood, determined, and controlled but also subsume the actual work of health‐care providers in spaces called ‘wait times’, where it is systematically rendered ‘unknowable’. The analysis is supported with evidence from an extensive institutional ethnography that shows what nurses actually do to manage the safe passage of patients through their emergency care process starting with the work of triage nurses. (shrink)

In the standard analysis of economic institutions--which include social conventions, the working rules of an economy, and entitlement regimes --economists invoke the same theories they use when analyzing individual behavior. In this profoundly innovative book, Daniel Bromley challenges these theories, arguing instead for "volitional pragmatism" as a plausible way of thinking about the evolution of economic institutions. Economies are always in the process of becoming. Here is a theory of how they become. Bromley argues that standard economic accounts see institutions (...) as mere constraints on otherwise autonomous individual action. Some approaches to institutional economics--particularly the "new" institutional economics--suggest that economic institutions emerge spontaneously from the voluntary interaction of economic agents as they go about pursuing their best advantage. He suggests that this approach misses the central fact that economic institutions are the explicit and intended result of authoritative agents--legislators, judges, administrative officers, heads of states, village leaders--who volitionally decide upon working rules and entitlement regimes whose very purpose is to induce behaviors that constitute the sufficient reasons for the institutional arrangements they create. Bromley's approach avoids the prescriptive consequentialism of contemporary economics and asks, instead, that we see these emergent and evolving institutions as the reasons for the individual and aggregate behavior their very adoption anticipates. These hoped-for outcomes comprise sufficient reasons for new laws, judicial decrees, and administrative rulings, which then become instrumental to the realization of desired individual behaviors and thus aggregate outcomes. (shrink)

In their brilliant and thought-provoking book Recognizing Wrongs, John Goldberg and Benjamin Zipursky offer a vindicatory interpretation of the law of torts. As part of this, they offer a justification for what they call the “principle of civil recourse.” This is the principle that “a person who enjoys a certain kind of legal right, and whose right has been violated by another, is entitled to enlist the state’s aid in enforcing that right, or to make demands in response to its (...) violation, as against the person who has violated it.” To defend the principle of civil recourse, Goldberg and Zipursky appeal to three values: equality, fairness, and individual sovereignty. In this essay, we make two critical points. First, we argue that Goldberg’s and Zipursky’s defense errs by omitting a justificatory appeal to our moral rights and duties as part of the normative foundation of the tort law. Second, we argue that Goldberg’s and Zipursky’s arguments do not explain certain institutional features of the tort law, including the fact that legal duties of redress emerge only at the conclusion of court cases and the fact that lawsuits are opted int.o by tort victims who must initiate these actions themselves. To retain what is philosophically valuable in Goldberg’s and Zipursky’s impressive defense of the principle of civil recourse, we conclude with a strategic suggestion on their behalf: they should split their defense of the principle of civil recourse into two parts, with the first part justifying the existence of some institution of civil recourse or other and the second part justifying specific details that this institution should have. (shrink)

In this paper, I reconstruct the development and the complex character of Zilsel’s conception of scientific laws. This concept functions as a fil rouge for understanding Zilsel’s philosophy throughout different times (here, the focus is on his Viennese writings and how they pave the way to the more renown American ones) and across his many fields of work (from physics to politics). A good decade before Heisenberg’s uncertainty principle was going to mark the outbreak of indeterminism in quantum physics, Edgar (...) Zilsel started to develop a complex logical-philosophical theory in which statistical and causal laws were given an indeterministic foundation (Zilsel 1916). However, in developing his thoughts on the emergence of regularities from disorder, Zilsel arrives at a profound ambiguity with respect to the ontological or the epistemic nature of laws and order in the world: Whether this order is to be conceived of as an empirical finding or as the product of reason – this would have to remain unclear. This tension between rationalism and empiricism, as well as a tension between a realist and an anti-realist conception of lawfulness, can be identified in both Zilsel’s Viennese and American writings: a tension which touches the core of the “application problem” that would keep haunting Zilsel until his premature death. (shrink)

Despite the rich body of research on the outward foreign direct investment (OFDI) by Chinese multinationals, little attention has been given to the fact that China’s OFDI is facing a high failure rate even in their initial attempt to enter a foreign market. Grounded on institutional theory, this study provides a nuanced view of the expansion dynamic of Chinese multinational firms overseas using a unique dataset that contains both successful and troubled Chinese foreign market entry attempts between 2018 and (...) 2021. We find that at the firm level, state-owned firms are more likely to face difficulties when trying to enter a new market compared to their private counterparts. Firms’ corporate social responsibility (CSR) reporting reduces the chance of failure. These effects are conditioned on the political, economic, and cultural distances between the home and host counties. (shrink)

A significant part of contemporary social ontology has been focused on understanding forms of collective intentionality. It is suggested in this paper that the contested nature of some institutional matters makes this kind of approach problematic, and instead an alternative approach is developed, one that is oriented towards a micro-level analysis of the institutional constraints that we face in everyday life and which can make sense of how there can be institutional facts that are deeply contested (...) and yet still real. The model is applied to two main examples, sexism and racism, and it is argued that on this approach it can make sense to understand both of them as institutions in our societies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 15.2 (2005) 199-210 [Access article in PDF] Conflict-of-Interest Policy at the National Institutes of Health: The Pendulum Swings Wildly* Evan G. DeRenzo **This article addresses the National Institutes of Health (NIH) employee conflict-of-interest (COI) policy that went into effect February 2005. It is not, however, merely an account of another poorly crafted government policy that cries out for revision. Instead, it is also a (...) story about one of our nation's most important and prestigious institutions and its struggles to navigate the crosscurrents of scientific aspirations, power politics, public ambivalence toward capitalist economics in the biosciences, and the media's inclination to exaggerate problems and under report complicated facts. It is also a tale of greed, politics, purgatory, and redemption. The dramatic and abrupt change in the NIH COI policy demonstrates the difficulty of balancing the production of cutting-edge science with the demands for transparency resulting from work performed in the public interest on the public tab. It is an unhappy chapter in the life of a government agency that is also a national treasure. And, one hopes, it will be an example of how harmful and ill-conceived law can be revised and amended to advance national health and well-being. What is the New NIH COI Policy? The new NIH COI employee policy, more accurately referred to as the Interim Final Rule (Federal Register 2005), is a sweeping set of prohibitions on activities and holdings to reduce the possibility that NIH employees will have any actual [End Page 199] or apparent conflicts of interest. For the most part, the prohibitions are applied across-the-board—i.e., without distinction to employee category or function. The new policy includes prohibitions on outside activities, stock holdings, and awards. It prohibits all NIH employees from engaging in any compensated or uncompensated employment, including consulting, serving on advisory or other such boards, and compensated teaching, speaking, writing, or editing with certain kinds of entities. The first class of such entities is referred to as substantially affected organizations, defined as biotechnology, pharmaceutical, medical device companies, and others with similar interests. But these are not the only entities included in the prohibitions. Other organizations from which NIH employees now are cut off are hospitals, clinics, and other health care institutions; health, science, or health research-related professional associations and consumer and advocacy groups. Included also are educational institutions and not-for-profit independent research institutes that are, or were, recent NIH funding applicants, grantees, contractors, or cooperative research and development agreement (CRADA) partners. The only exemptions appear to be for health care institutions at which NIH employees provide clinical care and some forms of writing—e.g., an NIH physician who moonlights at her/his local hospital's emergency room or submits a manuscript to a peer-reviewed journal that receives only unrestricted funding from a prohibited entity. Prohibited and/or restricted holdings include stock in biotechnology, pharmaceutical, and medical device companies and others in research, development, or manufacture of medical devices, equipment, preparations, treatments, or products. The prohibitions apply to senior NIH employees; restrictions in the amount of such holdings apply to all remaining employees. Both apply to the spouses and minor children of NIH employees. If an NIH employee wins an award, the monetary allowance in most cases is limited to $200. In sum, the scope of this policy is vast, too vast to be reasonable. Too many employees are restricted in too many ways. Where appropriate restrictions have been placed on senior NIH employees, even these constructive aspects of the policy are overshadowed by the unfairness and destructiveness of other aspects. This policy far exceeds anything that could be considered sound. Fortunately, the policy has a built-in assessment process to begin at the end of the policy's first year of implementation. One can only hope that a fair and open evaluation will be conducted, the results of which surely must result in major revisions to what is now bad regulation. Why the Policy... (shrink)

This book is the result of a three-year study undertaken by a multidisciplinary working party of the Institute of Medical Ethic (UK). The group was chaired by a moral theologian, and its members included biological and ethological scientists, toxicologists, physicians, veterinary surgeons, an expert in alternatives to animal use, officers of animal welfare organizations, a Home Office Inspector, philosophers, and a lawyer. Coming from these different backgrounds, and holding a diversity of moral views, the members produced the agreed report as (...) a result of detailed and rigorous discussions. The book sets out facts about animal experiments and about animal abilities to experience pain, distress and anxiety. There is a detailed examination of the moral claims related to the benefits likely to accrue from animal research, and of strategies for weighing these benefits against the harm caused to animals, in order to decide whether particular research projects ought or ought not to proceed. This leads to consideration of the statutory and non-statutory controls which safeguard standards in such research. The final section explores a variety of philosophical arguments about the use of animals in research, and offers a philosophical justification for the Working Party's more practical conclusions. Written in clear, nontechnical language, this book is accessible to lay people as well as to scientists. It is the first such document to emerge from a meeting of people with such widely differing views on this highly controversial subject, and represents a major contribution towards informing and raising the quality of contemporary debate. The book is unique in drawing together material and ideas never before found in one volume. It will interest a broad spectrum of readers, from ethicists and animal rights advocates to scientific researchers and laboratory administrators, along with general readers concerned about this compelling issue. (shrink)

Theorists of affect and radical democracy have largely overlooked the importance of intentionally cultivating affective dynamics in the process of changing institutions. We address that lack by introducing the concept of musical groove as an intercorporeal feel for improvisational co-creation. Groove in a political context involves specific practices of modulating dynamics, receptivity, and affects in relationship to specific contexts, people, and practices to powerful effect. We explore how early democratic movements during the American Revolution sought to craft institutional forms (...) capacious enough for such democratic groove despite the fact that key intellectual leaders of the time, such as the Federalists and Benjamin Rush, feared the power of intercorporeal affective flows of democratic enthusiasm and popular improvisation. We read Rush’s critique and his efforts to diminish and control these emergences by harmonizing them in the order as a “negative image” of a radical democratic alternative that would foster improvisation and build enthusiasm for catalysing change today. We discuss how improvisation can, as Pierre Bourdieu perceived, simply function to reproduce the limits of a given socio-political game, which is deeply embedded within us as a “feel for the game” or set of affective dispositions. However, we turn Bourdieu’s own critique against itself to find openings for a habitus of political groove and democratic improvisation that he considered foreclosed. We conclude by fleshing out these insights in relation to affective dynamics among political organizing practices and modest institutional changes during a period of rich local transformation in which we participated in Durham, North Carolina. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Revisiting the Launching of the Kennedy Institute: Re-visioning the Origins of BioethicsWarren Thomas Reich (bio)Twenty-five years ago, on October 1, 1971, at a press conference held at Georgetown University, the Joseph and Rose Kennedy Institute for the Study of Human Reproduction and Bioethics, later called the Kennedy Institute of Ethics, was officially inaugurated. To revisit that event—and the Institute’s five founding collaborators who spoke at it—provides an opportunity to (...) re-vision some of the most significant intellectual, moral, cultural, and political factors that shaped both this Institute and the then-nascent field of bioethics.Eunice Kennedy Shriver, who spoke at the press conference, was intensely committed to a new sort of philanthropy that would effect socio-political change in favor the dignity and well-being of the mentally disadvantaged. As executive vice-president of the Joseph P. Kennedy, Jr. Foundation, she had already applied the Foundation’s vision and resources to the task of harnessing the best of the “biological revolution” of the 1960s to prevent developmental disorders. Prompted by the values at stake in the care of the disadvantaged, she turned the Foundation toward the creation of the Institute in 1971.Just prior to the opening of the Institute, Mrs. Shriver had produced and appeared as introducer in a highly influential film, “Who Shall Survive?”, which dealt with a “mongoloid baby” who was allowed to die in the newborn clinic because of its condition. Showcased at a highly publicized symposium involving 2000 people (Editorial 1971) and widely discussed in the press, the film helped to establish neonatal ethics as paradigmatic for the emerging field of bioethics (Bedeviling Question 1971; Rothman 1991, pp. 190–221). Undoubtedly under the influence of her involvement in the publicizing of those issues, Mrs. Shriver commented at the press conference that she hoped the Institute would re-emphasize the value of children in face of the widespread feeling that children are a burden (Kennedys 1971, p. 19).At the press conference, then president of Georgetown University, Robert J. Henle, S.J., announced the Kennedy Foundation’s grant of $1.35 million to establish the Institute. Henle was undoubtedly alert to the fact that certain issues, such as abortion and terminating the lives of infants, would be perceived [End Page 323] as highly controversial when raised at a Catholic university. Not surprisingly, reporters at the press conference raised provocative questions about how Georgetown University would reconcile Catholic moral doctrine with the Institute’s broadly-based inquiries. Henle replied tersely that the Institute “will be a ‘truly ecumenical and catholic effort,’ defining catholic in its classical meaning of universal” (Helping 1971). The reporters might have found it quite ironic that within a few years Georgetown’s ecumenical vision had provided the intellectual environment that permitted the Institute to become famous for development of the first systematic, secular (principle-based) approach to bioethics (Reich 1995).Father Henle was probably also aware that by launching the Kennedy Institute he was creating the first institute principally devoted to ethics research ever established at a university. It took a special sort of university to take this first step into bioethics research and policymaking. In 1971, ethics was regarded as belonging to religion, and religion was generally regarded as suspect academically. While it was difficult, in that atmosphere, for a nonreligious university to take such a bold step, Henle’s Georgetown University offered a promising setting that could scarcely have been found in any other university. It departed from the common mold of Catholic-college-as-indoctrination-center, yet it had an explicit and unashamed commitment to the investigation of religious and secular values in an environment of academic freedom. It was an increasingly cosmopolitan university, committed to developing the best of secular scholarship. Furthermore, Henle was willing to experiment with as-yet unproven interdisciplinary studies.Sargent Shriver—god-father of the Kennedy Institute, chairman of its first Advisory Board, and a constant dialogue partner of his friend and the Institute’s founding director, Dr. André Hellegers—was intensely interested in linking scientific progress with religious belief, unfettered moral debate, and commitment to disadvantaged humans.At the inaugural event, the new Institute was described as... (shrink)

In an age of internet scrolling and skimming, where concentration and attention are fast becoming endangered skills, it is timely to think about the act of reading and the many forms that it can take. Slow Philosophy: Reading Against the Institution makes the case for thinking about reading in philosophical terms. Boulous Walker argues that philosophy involves the patient work of thought; in this it resembles the work of art, which invites and implores us to take our time and to (...) engage with the world. At its best, philosophy teaches us to read slowly; in fact, philosophy is the art of reading slowly – and this inevitably clashes with many of our current institutional practices and demands. Slow reading shares something in common with contemporary social movements, such as that devoted to slow food; it offers us ways to engage the complexity of the world. With the help of writers as diverse as Nietzsche, Wittgenstein, Woolf, Adorno, Levinas, Critchley, Beauvoir, Le Dœuff, Irigaray, Cixous, Weil, and others, Boulous Walker offers a foundational text in the emerging field of slow philosophy, one that explores the importance of unhurried time in establishing our institutional encounters with complex and demanding works. (shrink)

Presence as ordinarily understood requires spatio-temporal proximity. If however Christ’s presence in the Eucharist is understood in this way it would take a miracle to secure multiple location and an additional miracle to cover it up so that the presence of Christ where the Eucharist was celebrated made no empirical difference. And, while multiple location is logically possible, such metaphysical miracles—miracles of distinction without difference, which have no empirical import—are problematic. I propose an account of Eucharist according to which Christ (...) is indeed really and objectively present in the religiously required sense, without benefit of metaphysical miracles. According to the proposed account, which draws upon Searle’s discussion of “social ontology” in The Construction of Social Reality and The Making of the Social World, the presence of Christ in the Eucharist is an institutional fact. I argue that such an account satisfies the requirements for a real presence doctrine. (shrink)

In recent years rule-scepticism has been dominant among experts concerning Aristotle’s ethics. The present paper addresses three points that speak for this sceptical attitude: (i) Aristotle’s caveat against precision in ethics; (ii) the emphasis on the particular conditions of actions and on experience; (iii) the fact that moral education relies on habituation rather than teaching. At a closer look it emerges that all these considerations presuppose universal rules, laws, and institutions rather than exclude them, for they concern the adjustment of (...) universal principles to particular cases. Knowledge of these principles may not be necessary in routine cases, but the emphasis on a master-science that provides the laws necessary for every well-functioning community and the appropriate education of the citizens shows that these principles are the indispensable foundation of both ethics and politics. It is Aristotle’s aim to provide the groundwork of such a master science that is the common concern of his ethics and politics. (shrink)

We present an inference to the best explanation of the immense cultural success of Freudian psychoanalysis as a hermeneutic method. We argue that an account of psychoanalytic facts as products of unintended declarative speech acts explains this phenomenon. Our argument connects diverse, seemingly independent characteristics of psychoanalysis that have been independently confirmed, and applies key features of John Searle’s and Eerik Lagerspetz’s theory of institutional facts to the psychoanalytic edifice. We conclude with a brief defence of the (...) institutional approach against more contentious social constructivist approaches to science and psychoanalysis. (shrink)

This paper uses the evolutionary frame provided by the Victorian jurist Henry Sumner Maine to describe the process by which trust can be seen as the product of a gradual development that starts with small-scale communities and later allows market exchanges to develop themselves. I also argue, using the work of Elinor Ostrom (1990), that trust emerges first within small-scale communities, where first- and second-degree collective action problems need to be resolved. The development of a social disposition to trust is (...) closely linked with an institutional context that encourages individuals to take the externalities of their actions into account. This is made possible by customary mechanisms, as the development of social trust at this stage cannot rely on a mighty “Leviathan”. Therefore, this paper questions the claim that social trust is the product of market exchanges. Market exchanges might favor the further growth of social trust, hands in hands with the right institutional frame. However, this growth is not just the transposition of a previously acquired disposition to trust. The work of Henry Sumner Maine interestingly underlines the importance of the co-development of institutions and trust, from its origin in small communities to its expansion to market exchanges. Both Ostrom’s and Maine’s perspectives underline the fact that trust and trustworthiness are complementary and question a-rational perspectives on trust. This paper also elaborates on the claim, coming from the literature on contract law, that focusing on sanctioning mechanisms can be highly counterproductive. (shrink)

That certain paper bills have monetary value, that Vladimir Putin is the president of Russia, and that Prince Philip is the husband of Queen Elizabeth II: such facts are commonly called ‘institutional facts’. IFF are, by definition, facts that exist by virtue of collective recognition. The standard view or tacit belief is that such facts really exist. In this paper we argue, however, that they really do not—they really are just well-established illusions. We confront realism (...) about IFF with six criteria of existence, three established and three less so but highly intuitive. We argue that they all tell against the existence of IFF. An obvious objection to IFF non-realism is that since people’s behaviour clearly reflects the existence of IFF, denying their existence leaves an explanatory gap. We reject this argument by introducing a variant of the so-called ‘Thomas Theorem,’ which says that when people collectively recognize a fact as existing, they largely behave accordingly, regardless of whether that fact really exists or not. (shrink)

In an age of internet scrolling and skimming, where concentration and attention are fast becoming endangered skills, it is timely to think about the act of reading and the many forms that it can take. Slow Philosophy: Reading Against the Institution makes the case for thinking about reading in philosophical terms. Boulous Walker argues that philosophy involves the patient work of thought; in this it resembles the work of art, which invites and implores us to take our time and to (...) engage with the world. At its best, philosophy teaches us to read slowly; in fact, philosophy is the art of reading slowly – and this inevitably clashes with many of our current institutional practices and demands. Slow reading shares something in common with contemporary social movements, such as that devoted to slow food; it offers us ways to engage the complexity of the world. With the help of writers as diverse as Nietzsche, Wittgenstein, Woolf, Adorno, Levinas, Critchley, Beauvoir, Le Dœuff, Irigaray, Cixous, Weil, and others, Boulous Walker offers a foundational text in the emerging field of slow philosophy, one that explores the importance of unhurried time in establishing our institutional encounters with complex and demanding works. (shrink)

Israel Kirzner cautions us that, because commodity price arbitrage as such does not operate outside commodity markets, the logic of Pareto-improving entrepreneurship does not provide a “copybook example” for explaining the evolution of social institutions in general. He characterizes Menger’s theory of the emergence of money as non-entrepreneurial; by implication, while it assures us that some monetary standard will emerge, it does not assure us that a superior monetary standard will spontaneously emerge. I argue that entrepreneurial opportunities for private gain (...) do in fact drive the Mengerian evolution from barter to money, and systematically promote the emergence of superior monetary standards, though not necessarily the best conceivable standards. In choosing among potential exchange media to accept and offer, a pre-monetary trader has a private incentive to choose commodities that have whatever properties other traders prefer in their exchange media.Israel Kirzner nous met en garde sur le fait que parce que l’arbitrage des prix des marchandises en soi n’opère pas hors des marchés des produits, la logique de l’amélioration de l’esprit d’entreprise ne procure pas un “exemple classique” pour expliquer l’évolution des institutions sociales en général. Il caractérise la théorie mengerienne de l’émergence de la monnaie comme étant non entrepreneuriale; l’implication en est que si cette théorie nous assure qu’un certain étalon monétaire va émerger, elle ne peut affirmer avec certitude que cet étalon monétaire spontané sera supérieur.L’article suggère que des opportunités entrepreneuriales de gains privés orientent en effet l’évoluti- on décrite par Menger d’une situation de troc vers une économie monétaire et promeuvent systéma- tiquement l’émergence d’étalons monétaires supérieurs, bien que pas nécessairement les meilleurs étalons concevables. En choisissant parmi les intermédiaires d’échange potentiels lequel accepter ou offrir, un négociant d’avant l’ère monétaire a une insitation privée à choisir les marchandises dotées de propriétés que les autres négociants préfèrent dans le cadre de leurs échanges. (shrink)

AbstractForeign direct investment (FDI) in offshore financial centers (OFCs) is gaining increased attention in business ethics research. Much of this research tends to focus on OFCs as locations where firms can avoid taxes, considering such behavior as unethical. Yet, there is dearth of studies on capital round-tripping by emerging market firms, which is an integral part of this phenomenon. Such round-tripping involves firms sending capital into OFCs only to invest it back in the home country under the guise of “foreign” (...) investment. Presently there is little discussion of the ethical implications of such round-trip FDI activities. In this paper, we conceptualize round-tripping as institutional arbitrage and look at the determinants and ethical implications of such investments into OFCs. Exploring Russian round-tripping we note that firms tend to invest more funds in OFCs that offer a combination of tax and secrecy, or secrecy and property rights protection arbitrage opportunities. In either case firms exploit the opportunities provided by institutional differences between the OFC and Russia while investing back into Russia. Our results tend to indicate that equating OFC investment to tax avoidance and thus deeming it as unethical behavior is too narrow an explanation in the case of emerging economy round-tripping. This is because such investments are often motivated by the unethical behavior of home country stakeholders and may in fact provide benefits to society. (shrink)

The emphasis that the modernity gives to disengagement and beginning leads one to think that the modernity itself is in fact a culture that initiares crisis. Even if there is no initial crisis, it can be created through the ambivalent nature of modernity. Behind the concept of crisis lies the notion that history is a continuous process or movement that opens the door to nihilistic understanding which stems from the idea of contemporary life and thought alienation through the pessimistic meaning (...) of the word. There is a dialectical relationship between the ideas of modernity and progress, and the decadence, and the main theme of Nietzsche's philosophical career. Since the death of Hegel, who made the idea of crisis plausible, everything is nothing but a counter-movement not only in Germany, but also in Europe. The first of these counter-movements is romanticism with its objection to the mind which is liberated from the bonds of tradition. The main thesis of the present article is, between reactiveness of romanticism -on the surface- and the modernity; from one side romanticism's consuming modernity, which is its mirror image, while at the same time feeding from it and modernity's manipulating the ideas developed against it and monopolizing them thanks to its ambivalent nature. For this purpose, following an an anti-enlightenment thinker Nietzsche's, anti-romantic footsteps which at the same time feeds from the romantic heritage, an attempt will be made to analyze the relationship between modernity and romanticism. Another goal of this article is to allow a comparison of how the intellectual development in the West finds its response on the modernization process of our country by probing how the modernization experience of early period Islamist's who experienced this process in a feeling of "backwardness" and with a wounded consciousness and anxiety has led to a shallow romantic worldview. SummaryRomance and romanticism are the main topics of this article. Romanticism is a period, whereas romance is a spiritual attitude not limited to this period, therefore, even today it’s existence is felt. In other words, it is not specific to the Germans. This term is often used to correspond to certain aspects of European intellectual life in the late eighteenth and early nineteenth centuries, for instance between 1790 and 1850. In its extremely diverse definitions, the most "romantic" definition in our opinion, belongs to Novalis: “I'm romanticizing by giving a high meaning to ordinary things, a mysterious reputation to the ordinary, the honor of the unknown to the known, an infinite look to the finite.” The rejection of existing social reality, the experience of loss, the melancholic longing and the search for loss are the main components of the romantic motive. This study is based on the argument that there is a dialectical relation between romanticism and modernity, which is known as an opposing movement against enlightenment thought. The intellectual feature, which contains the opposite of modernity itself, makes this argument plausible. In addition, the view of modernity as a crisis culture due to the emphasis on disengament and beginnings offers us the possibility to establish a relationship between modernity, which accepts itself as decadence, and romance. Behind the concept of crisis lies the idea that history is a continuous process or movement opening the door to the nihilist understanding in which modern life and thought are alienated in a pessimistic sense. Thus, Allan Megill defines historicism as a prerequisite for nihilism. According to the author, Prophets of Extremity, if the history has no direction to be changed, maintained or lost when wandering in history, it also cannot have a "crisis". The suggestion of "God is dead" is the most concise expression of this crisis. In this crisis state of nihilism, it is a completely forlorn condition of living in the present. Today, which is in the absolute forlorn state; the savior declares his belief that he is devoid of all sorts of features, things that let us reconcile with the current situation of things. In the face of this situation, when people see that the present becomes completely forlorn, they move in two opposite directions with a desire to regenerate culturally: They either have to go back to the past or head for the future. However, every attempt to determine what the future or the past posess will require them to be real, belonging to the present. This will return us to the forlorn state. Nietzsche embraces both opposing sides, but does not attempts choose between them. This is the place where Nietzsche dictates that today is corrupt taking a radical attitude against romanticism fed by the notion of crisis. The fact that modernity has given up its critique of reason, which is revealed by its dialectic, had a great influence on Nietzsche's putting distance between himself and romantics. That is to say, in response to enlightened thought, although romantics speak of unity, apparently, they could not prevent emergence of emotion against mind, local against the universal, individual against social, in other words, the emergence of the second values, which they believed that these were belittled and despised by Enlightenment. Therefore, romantics seem like they could not save themselves from being caught in the web of dialectics in the account they entered that is based on the subject-object distinction in cartesian thought. It is because modernity acts with the consciousness that the life is established on the occurrence and decadence. Based on this, we can say that decadence is inevitable. This decadence (distortion) from the outside may be through movements developed against it, or experienced within itself (even if no one attempts to destroy it). Modernity, with the awareness that it cannot escape from the decadence, wants to arbitrate itself by turning this decadence in its favor by manipulating it. In other words, the modernity dramatizes the feeling of crisis considering itself decadence and the seemingly contradictory ideas of avant-garde and decadence become almost synonymous. It must be the reason why Nietzsche identifies modernity with decadence Modernity manages to put the decadence in its body at the center of attraction by producing self-opposing movements, monopolizing and manipulating. In short, both romanticism and avant-garde movements are the movements that are emerged not against modernity but from itself. Just like an apple worm, they both consume modernity and feed on it. They act as a mirror. Although they seem to criticize, as movements that have emerged from it, they allow the modernity to complete and correct the deficiencies. As a result of this, we can say that romantic critical movements are developed against the world and are shaped by modernity, beginning with the idea of enlightenment, and moved forward in the track of modernity.While romanticism developed in the West as opposed to modernity, in Ottoman-Turkish thought, it was seen as the rhetoric of retardation and regretting of backwardness from civilization. It is inevitable that the experience of modernization in a sense of backwardness, with a wounded consciousness and urgency, will open up space for romance. In our modernization adventure starting with Tanzimat, it is a fact that there has not been a drastic reckoning due to Enlightenment on an intellectual basis, industrialization on an economic basis, programs of revolutionary and nationalist formations on a political basis. Therefore, in Turkish thought, it is not possible to talk about a critical tradition developed against modern paradigm. The status of being audience to what was being experienced in Europe, resulting from superiority was transformed into grudge due to the defeats in the military field. Due to the decadence experienced in the present, inability to find the solution to the problems of its age, melancholic state of mind because of being stuck in the golden age experienced in the past, in the case of a preference, led to a romantic world view because of the appeal of its simplicity to imitate what was once lived in the past. Thus, it is very natural that the direction of Namık Kemal, the cult personality of Islamist-Turkish thought, is towards the past even when talking about progress and civilization. Seeing the 19th century Europe as a re-implementation of ideas and institutions that are actually Islamic, Namık Kemal, in our opinion, showed us a clear example of a typical Islamist romanticism and an example of occidentalist approach regarding that the West learned the civilization from Muslims. In fact, the exact equivalent of this approach displayed in Turkish cogito without even knowing that it is romantic, emerging in the personality of Namık Kemal and in the feeling of backwardness,with a hectic and injured consciousness, is kitschization. So much so that, the state of being kitsch also explains the current situation of Islamic geography which is far from creating a tradition for at least a century, and it clearly tells the usual romantic end. (shrink)

In 1964 Searle argued against the naturalistic fallacy thesis that an ought-statement can in fact be derived from is-statements. From an analysis of this argument and of Searle’s social ontology of 1995 – which includes a full-blown theory of institutional facts – I conclude that this argument is unsound on his own (later) terms. The conclusion that can now be drawn from Searle’s argument is that social or institutional obligations are epistemically objective even though they are observer-dependent. (...) I go on to argue that the strength of such obligations depends on the strength of the underlying collective acceptance, which is a kind of collective intentionality. I also point out that all normativity in Searle’s framework can be traced back to either individual or collective intentionality. This bars him from providing an account of intention-independent moral facts. (shrink)

The Vienna Circle as part of the intellectual movement of Central European philosophy of science is certainly one of the most important currents for the emergence of modern philosophy of science. Independent from this uncontested historical fact there remains the question of the direct and indirect infl uence, reception and topicality of this scientifi c community in contemporary general philosophy of science as well as in the philosophy of the individual sciences, including the social sciences and humanities.

Norms explained as grounds of practical judgment, using example of queue. Some norms informal, inexact, depend on common understanding ; some articulated in context of two-tier normative order: `rules', explicit or implicit. Logical structure of rules displayed. Informal and formal normative order explained, `institutional facts ' depend on acts and events interpreted in the light of normative order. Practical force of rules differentiated; either `absolute application' or `strict application' or `discretionary application', depending on second-tier empowerment. Discretion can be (...) guided by values, principles standards. Pervasiveness of institutions and institutional facts, especially but not only in relation to institutions of state-law, including constitution and state-institutions. Searle's and Ruiter's theories of institution, institutional fact, considered: `constitutive rule' rejected in favour of `underlying principle', structure of `institutive, consequential and terminative' rules explained and defended. Ruiter's conception of `institutional `régime' considered and adopted, validity of norms and normative `régimes' considered and differentiated from truth of statements of institutional fact. (shrink)

The beginning of the twentieth century saw the emergence of the discipline of genetics. It is striking how many female scientists were contributing to this new field at the time. At least three female pioneers succeeded in becoming professors: Kristine Bonnevie (Norway), Elisabeth Schiemann (Germany) and the Tine Tammes (The Netherlands). The question is which factors contributed to the success of these women's careers? At the time women were gaining access to university education it had become quite the norm for (...) universities to be sites for teaching and research. They were still expanding: new laboratories were being built and new disciplines were being established. All three women benefited from the fact that genetics was considered a new field promising in terms of its utility to society; in the case of Tammes and Schiemann in agriculture and in the case of Bonnevie in eugenics. On the other hand, the field of genetics also benefited from the fact that these first female researchers were eager for the chance to work in science and wanted to make active contributions. They all worked and studied in environments which, although different from one another, were positive towards them, at least at the start. Having a patron was generally a prerequisite. Tammes profited from her teacher's contacts and status. Bonnevie made herself indispensable through her success as a teacher and eventually made her position so strong that she was no longer dependent on a single patron. The case of Schiemann adds something new; it shows the vulnerability of such dependency. Initially, Schiemann's teacher had to rely on the first generation of university women simply because he was unable to attract ambitious young men to his institute. In those early, uncertain years of the new discipline, male scientists tended to choose other, better established, and more prestigious disciplines. However, when genetics itself had become an established field, it also became more attractive to men. Our case studies also demonstrate that a new field at first relatively open to women closes its doors to them once it becomes established. (shrink)

Facts such as the fact that Donald Trump is the US president or the fact that Germany won the 2014 world cup final are commonly referred to as “institutional facts” (“IFF”). I advocate the view that the nature of these facts is comparatively simple: they are facts that exist by virtue of collective recognition (CR), where CR can be direct or indirect. The leading account of IFF, that of John Searle, basically conforms with this definition. (...) However, in his writings Searle has considered or defended several other conditions as potentially necessary for the existence of IFF. In particular, he has considered whether (a) IFF necessarily involve deontic powers, (b) IFF are necessarily so-called “status functions”, (c) IFF require speech acts of Declaring for their existence, (d) IFF require language for their existence. Each of these considerations, if valid, would seem to render the nature of IFF less simple. In this paper, I argue that none of these considerations stand up to scrutiny. Being unaware of any other serious considerations of this kind, I conclude that the nature of IFF is simple as captured by my definition. There is a respect, however, in which my view is possibly less simple than Searle’s, for he suggests that CR is always direct, and never indirect. I reject this suggestion. Indeed, I think that most of the facts existing by virtue of CR exist by virtue of indirect CR. Some authors have (or at least might be construed as having) objected that CR is not even necessary for the existence of IFF. I argue that the account defended here is immune to these objections. (shrink)

SOCREAL 2013 : 3rd International Workshop on Philosophy and Ethics of Social Reality 2013. Hokkaido University, Sapporo, Japan, 25-27 October 2013. Session 2 : Imperatives and Norms.

Norms explained as grounds of practical judgment, using example of queue. Some norms informal, inexact, depend on common understanding (‘conventions’); some articulated in context of two-tier normative order: ‘rules’, explicit or implicit. Logical structure of rules displayed. Informal and formal normative order explained, ‘institutional facts’ depend on acts and events interpreted in the light of normative order. Practical force of rules differentiated; either ‘absolute application’ or ‘strict application’ or ‘discretionary application’, depending on second-tier empowerment. Discretion can be guided (...) by values, principles standards. Pervasiveness of institutions and institutional facts, especially but not only in relation to institutions of state-law, including constitution and state-institutions. Searle's and Ruiter's theories of institution, institutional fact, considered: ‘constitutive rule’ rejected in favour of ‘underlying principle’, structure of ‘institutive, consequential and terminative’ rules explained and defended. Ruiter's conception of ‘institutional’régime' considered and adopted, validity of norms and normative 'régimes' considered and differentiated from truth of statements of institutional fact. (shrink)

The first issue raised in the paper is difference between social and institutional facts; both exist only because we believe they are real. Second is the claim that belonging to collectives is always a social fact, not necessarily as a result of any decision-making process; it might also become institutional through actual, sometimes only implicit, acceptance of some constitutive rules. Third, accepting constitutive rules functions by setting an irreversible point in time after which the scope of available (...) justificatory reasons for deciding and doing narrows. The implication is that reality of collectives cannot be reduced to individuals. Individuals often participate in this reality by belonging. Belonging thus becomes a social and sometimes also an institutional fact. (shrink)

In The Construction of Social Reality, John Searle develops a theory of institutional facts and objects, of which money, borders and property are presented as prime examples. These objects are the result of us collectively intending certain natural objects to have a certain status, i.e. to ‘count as’ being certain social objects. This view renders such objects irreducible to natural objects. In this paper we propose a radically different approach that is more compatible with standard economic theory. We (...) claim that such institutional objects can be fully understood in terms of actions and incentives, and hence the Searlean apparatus solves a non-existent problem. (shrink)

Under John Searle’s theory of institutional facts, the law can be understood both as an institution governed by foundational documents and practices, and as a method for creating new institutions through the codification of the assignment of functions, usually of the form ‘X counts as Y in circumstances C’. The architect Christopher Alexander’s notion of pattern languages, schematic templates for problem-solving widely adopted by computer programmers, can be developed within a legal system as a coherence constraint on the (...) assignment of functions such that codified legal solutions do not conflict with other legal solutions to related or distinct problems. (shrink)

Let us show how property is grasped as an institutional fact. If Jones steals a computer, he does not own it in the sense of property, but only exercises control towards it. If he buys the computer, he controls it too, and moreover owns it in the sense of property. In other words, simply exercising control towards something is a brute fact. This control counts asproperty only in a certain context: the computer counts as Jones’s property only if he (...) got it through a licit transfer. This is why property is not a brute fact, and is therefore an institutional fact. The same kind of reasoning applies to privacy. When a personal information P about Jones is openly diffused, it seems that P becomes public. From this point of view, a violation of privacy equates to a publication. The problem about this account is the following: who would call “publication of a book” the hacking of it on its author’s computer? No one, because the word “publication” is an institutional word that only refers to a licit diffusion. Considering this answer, we may conclude as follows: if the diffusion of P is illicit, P still countsas private, even if everyone knows about it. If that conclusion is true, privacy is an institutional fact. (shrink)

This book includes ten original essays that critically examine central themes of John Searle’s ontology of society, as well as a new essay by Searle that summarizes and further develops his work in that area. The critical essays are grouped into three parts. Part I (Aspects of Collective Intentionality) examines the account of collective intention and action underlying Searle’s analysis of social and institutional facts, with special emphasis on how that account relates to the dispute between individualism and (...) anti-individualism in the analysis of social behaviour, and to the opposition between internalism and externalism in the analysis of intentionality. Part II (From Intentions to Institutions: Development and Evolution) scrutinizes the ontogenetic and phylogenetic credentials of Searle’s view that, unlike other kinds of social facts, institutional facts are uniquely human, and develops original suggestions concerning their place in human evolution and development. Part III (Aspects of Institutional Reality) focuses on Searle’s claim that institutional facts owe their existence to the collective acceptance of constitutive rules whose effect is the creation of deontic powers, and examines central issues relevant to its assessment (among others, the status of the distinction between regulative and constitutive rules, the significance of the distinction between brute and deontic powers, the issue of the logical derivability of normative from descriptive propositions, and the import of the difference between moral and non-moral normative principles). Written by an international team of philosophers and social scientists, the essays aim to contribute to a deeper understanding of Searle’s work on the ontology of society, and to suggest new approaches to fundamental questions in that research area. (shrink)

According to Ron Mallon (2004), any adequate account of race must meet three constraints: passing, no-traveling, and reality. "Passing" describes the fact that persons who are treated by others as belonging to one race, may "actually" belong to a different race. "No traveling" refers to the fact that racial concepts such as "white" may pick out different sets of persons in different cultures. "Reality" refers to the fact that racial designations enter into explanations of how people's lives go. However, Mallon (...) argues that no account can simultaneously satisfy all three constraints. I argue that an account of race as an institutional fact, based on Searle's theory of constitutive rules, can satisfy all three constraints. Furthermore, the institutional account provides an enlightening explanation of these three features of race. (shrink)

The academic standing of the staff working in vocational higher education must be judged as unsatisfactory according to two possible criteria: the traditional criteria, which are derived from the universities operating within the previous unitary higher education system; and the criteria outlined by the bill of the Law of Higher Education Institutions. The latter derive from the same historical institutional pattern.There are many reasons to conclude that, academically, in most fields of study, the new institutions do not reach the (...) level of the old ones. However, the mission of the new sector—the second-rank academic institutions in the eyes of the traditional academic community—is at least debatable, if not mistaken. The public university sector appears to be in deep crisis, with academics so attached to the Humboldtian university that they ignore the claims for social relevance in education.8 This is further complicated by deepening financial hardship.Using traditional criteria, it is possible that Estonia will be left with two socially irrelevant higher education sectors, instead of one functioning sector. It is also possible that the second sector, which does not fit these criteria, will be eliminated. However, the fault does not lie wholly with the dominance of traditional university attitudes. It also lies in a lack of vision on the part of the new institutions. As children of the proletariat society, they fail to recognise their vocational orientation as a benefit, and instead try to hide it. They are developing theoretically overloaded four- to five-year study programmes. None of these institutions has solved the problem of balancing the requirement of employing 50 per cent faculty full time and maintaining a satisfactory academic level. The need to demonstrate that part-time employees may actually benefit the vocational sector has not yet been understood.9As long as the sector continues to accept the rules forced upon it by the old universities, it probably has no useful role in Estonia. Its institutions, especially the public institutions, cannot compete with the traditional universities in academic fields. The universities, on the other hand, are beginning to understand that the policy they proclaimed some years ago, which was based on the clear distinction between two sectors on the German pattern, does not work in a small country with very limited resources, and an inheritance from the previous regime of a large university sector with an enrolment rate of more than 20 per cent of the age group. The universities have agreed to offer their own non-degree courses at diploma level, and now seriously threaten the small new institutions. From the financial point of view, the universities' expressed desire to swallow the small vocational institutions is beneficial since the small institutions have no clearly distinct role of their own.The private vocational higher education institutions do not conceal the fact that, according to their own vision, they have little place in the vocational sector. Some of them would like an official status equal to that of the universities, the right to offer graduate and postgraduate courses as well as diploma courses, and the registration of their diplomas and certificates on an equal basis with the public universities in the Register of Diplomas and Certificates at the Ministry of Culture and Education. In other words, they are interested in becoming fully accredited universities. This increases competition for students and—given the Estonian mechanism of public financing of higher education based on the number of students admitted provided by the Ministry of Culture and Education10—there will be less money for public universities. Here lies the origin of the principle that the universities are established by parliament and the vocational higher education institutions by executive action by the government.The existence of the new sector is seriously threatened. The current pattern of postgraduate studies has blocked the preparation of a sufficient number of research-degree holders, even at master's level.11 The new institutions cannot train their own faculty. The recent experience of Concordia International University—which depends greatly on staff with bachelor's and master's degrees from the United States, who form some 80 per cent of the faculty—demonstrates that the participation of first- or even second-rank Western academics in Estonian higher education can never be very high. If the system cannot accept experienced local staff for legal appointments in the vocational sector, unless they have a research degree, these institutions will not survive for long. Society will be back to the position where there are a large number of underpaid or unemployed academics, but a shortage of qualified individuals who could be self-employed and capable of running small and medium-size enterprises. (shrink)