Within feminist theory and a wide range of social sciences, intersectionality has emerged as a key analytic framework, challenging paradigms that consider gender, race, class, sexuality, and other categories as separate and instead conceptualizing them as interconnected. This has led most authors to assume mutual constitution as the pertinent model, often without much scrutiny. In this essay we critically review the main senses of mutual constitution in the literature and challenge what we take to be a (...) problematic assumption: the problem of reification, here understood as the conceptualization of social categories as entities or objects. We then present the properties framework, together with the emergent experience view, which conceptualizes categories and social systems in a way that maintains their ontological specificity while allowing for their being deeply affected by each other. (shrink)

The term ‘mutual constitution’ appears with regularity in scholarship on intersectionality, but what does it mean? We could not easily answer this question in the usual way – by reading books and articles about it – because the term has not received direct, widespread or sustained engagement in feminist theory. This led us to analyse a wide range of feminist scholarship – the entire set of 379 articles in women’s studies journals that consider both intersectionality and mutual (...) constitution – to determine whether there are patterns and commonalities in the ways this important theoretical term is used. Our analysis reveals that while there is widespread agreement that mutual constitution does not allow for an additive or binary approach, this is the only major point of shared understanding of this term. Scholars disagree over whether mutual constitution is, in fact, the same thing as intersectionality, and in practice, clusters of disciplines use the term with different norms and levels of precision. Because of the explanatory potential of this term in intersectional theory, we recommend on the basis of our analysis that social scientists reconsider the convention of asserting that entities such as race, class and gender are mutually constituted and borrow the methodological tools from feminist historians, literary critics and other humanists that would allow for a genuine determination and demonstration of when entities are mutually constituted. (shrink)

In this article I will address the critical question of the constitution of global systems and the part played in such processes by what is often summarized as culture. I examine the important distinction between culture and globalization and culture as constitutive of global social relations. The need to cleave to a systemic treatment of globality is put, while noting the dangers that lie in one-dimensional accounts of global system constitution. To offset any such tendency I explore the (...) constitution of global systemness from a structurationist perspective. I outline the nature and significance of culture in the study of global systems, drawing attention to different literatures. Finally I underscore the importance of the cultural turn in the study of global systems and what has to be done to take full advantage of it.In what follows I will address the critical question of the constitution of global systems and the part played in such processes by what is conveniently – if sometimes unhelpfully – summarized as “culture”. By global systems I mean networks of interaction and meaning that transcend both societal and national frames of reference. I want to shift the emphasis away from an under-theorized focus on cultural globalization to a consideration of global systems as enacted in part through cultural processes. In other words, I do not want to conflate the conjunctional features of contemporary (cultural) globalization with culture as the realm of lived experience integral to the enactment of all social-systemic relations. In some respects this approach may be seen as part of a shift – perhaps a paradigm shift – in how we understand the space of the social, and in how, or whether, we construe the global as the constitutive of all social relations (Beck 2003; Shaw 2003). I will begin with a mild polemic against a well-known systemic account of world-making forces that highlights some of these issues. (shrink)

The first part of this paper argues that if Craver’s ([2007a], [2007b]) popular mutual manipulability account (MM) of mechanistic constitution is embedded within Woodward’s ([2003]) interventionist theory of causation--for which it is explicitly designed--it either undermines the mechanistic research paradigm by entailing that there do not exist relationships of constitutive relevance or it gives rise to the unwanted consequence that constitution is a form of causation. The second part shows how Woodward’s theory can be adapted in such (...) a way that (MM) neither undermines the mechanistic paradigm nor reduces constitution to causation. However, it turns out that this modified theoretical embedding of (MM) makes it impossible to produce empirical evidence for constitutive relations. The paper ends by suggesting an additional criterion, the fat-handedness criterion, which, when combined with (MM), generates indirect empirical evidence for constitutive relevance. (shrink)

This article examines a fundamental theoretical aspect of the discourse on ‘intersectionality’ in feminist and anti-racist social theory, namely, the question whether intersecting social divisions including those of sex, gender, race, class and sexuality are interacting but independent entities with autonomous ontological bases or whether they are different dimensions of the same social system that lack separate social ontologies and constitute each other. Based on a historical reconstruction of its genesis, the article frames this as a dispute between system-theoretical and (...) dialectical, ‘Critical Theory’-related approaches and argues that the latter better capture the dynamics of contemporary society, including the perspective of its transcendence. (shrink)

An adequate understanding of the ubiquitous practice of mechanistic explanation requires an account of what Craver termed “constitutive relevance.” Entities or activities are constitutively relevant to a phenomenon when they are parts of the mechanism responsible for that phenomenon. Craver’s mutual manipulability account extended Woodward’s account of manipulationist counterfactuals to analyze how interlevel experiments establish constitutive relevance. Critics of MM argue that applying Woodward’s account to this philosophical problem conflates causation and constitution, thus rendering the account incoherent. These (...) criticisms, we argue, arise from failing to distinguish the semantic, epistemic, and metaphysical aspects of the problem of constitutive relevance. In distinguishing these aspects of the problem and responding to these critics accordingly, we amend MM into a refined epistemic criterion, the “matched interlevel experiments” account. Further, we explain how this epistemological thesis is grounded in the plausible metaphysical thesis that constitutive relevance is causal betweenness. (shrink)

Constitutive mechanistic explanations are said to refer to mechanisms that constitute the phenomenon-to-be-explained. The most prominent approach of how to understand this constitution relation is Carl Craver’s mutual manipulability approach to constitutive relevance. Recently, the mutual manipulability approach has come under attack (Leuridan 2012; Baumgartner and Gebharter 2015; Romero 2015; Harinen 2014; Casini and Baumgartner 2016). Roughly, it is argued that this approach is inconsistent because it is spelled out in terms of interventionism (which is an approach (...) to causation), whereas constitutive relevance is said to be a non-causal relation. In this paper, I will discuss a strategy of how to resolve this inconsistency, so-called fat-handedness approaches (Baumgartner and Gebharter 2015; Casini and Baumgartner 2016; Romero 2015). I will argue that these approaches are problematic. I will present a novel suggestion of how to consistently define constitutive relevance in terms of interventionism. My approach is based on a causal interpretation of mutual manipulability, where manipulability is interpreted as a causal relation between the mechanism’s components and temporal parts of the phenomenon. (shrink)

In this article, I present two conceptual problems for Craver's mutual manipulability account of constitutive relevance in mechanisms. First, constitutive relevance threatens to imply causal relevance despite Craver (and Bechtel)'s claim that they are strictly distinct. Second, if (as is intuitively appealing) parthood is defined in terms of spatio-temporal inclusion, then the mutual manipulability account is prone to counterexamples, as I show by a case of endosymbiosis. I also present a methodological problem (a case of experimental underdetermination) and (...) formulate two partial, but fallible solutions based on the notions of parthood and synchronicity. (shrink)

This paper examines the application of the mutual manipulability criterion as a way to demarcate constituents of cognitive systems from resources having a mere causal influence on cognitive systems. In particular, it is argued that on at least one interpretation of the mutual manipulability criterion, the criterion is inadequate because the criterion is conceptualized as identifying synchronic dependence between higher and lower ‘levels’ in mechanisms. It is argued that there is a second articulation of the mutual manipulability (...) criterion available, and that it should be preferred for at least two reasons. The first is that the criterion of mutual manipulability is an instance of continuous reciprocal causation. The second is that it has implications for how to understand this distinction between causation and constitution. It is shown that when considering dynamic systems, continuous reciprocal causation - ubiquitous in dynamical systems - is a form of constitutive causality, which entails that causal factors may, in the right circumstances, by genuine constitutive factors of cognition. This notion of constitutive causality lends support to conceiving of the mutual manipulability criterion as a genuine demarcation principle in the debate over the boundaries of mind. (shrink)

Carl Craver’s mutual manipulability criterion aims to pick out all and only those components of a mechanism that are constitutively relevant with respect to a given phenomenon. In devising his criterion, Craver has made heavy use of the notion of an ideal intervention, which is a tool for illuminating causal concepts in causal models. The problem is that typical mechanistic models contain non-causal relations in addition to causal ones, which is why the standard concept of an ideal intervention is (...) not appropriate in that context. In this paper, I first show how top-down interventions in mechanistic models violate the conditions for ideal interventions. Drawing from recent developments in the causal exclusion literature, I then argue for extended interventionism better suited for the purposes of the new mechanist. Finally, I show why adopting such an extended account leads to the surprising consequence that an important subset of mechanistic interlevel relations comes out as causal. (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)

This paper argues that relations of mutual recognition (love, respect, esteem, trust) contribute directly and non-reductively to our flourishing as relational selves. -/- Love is important for the quality of human life. Not only do everyday experiences and analyses of pop culture and world literature attest to this; scientific research does as well. How exactly does love contribute to well-being? This chapter discusses the suggestion that it not only matters for the experiential quality of life, or for successful agency, (...) but that it actualizes our nature as “relational selves” (Chen, Boucher & Kraus 2011). I defend a hybrid or pluralist theory, which sees humans not only as subjects of experiences, or agents, or valuers, but also as relational selves. Expanding from love to other interpersonal relations, thriving relations of mutual recognition (love, respect, esteem, trust), contribute directly and non-reductively to our flourishing as relational selves. The paper will start by putting forward the proposal (Section 2), and then discussing it in relation to important alternatives. The focus is on alternatives which hold that love, and other forms of mutual recognition, are important for well-being, but only indirectly. One kind of challenge against the constitutive role of relations to others for well-being comes from the traditional theories that accommodate relations in some indirect ways (Section 3). A second kind of challenge admits that perhaps love is central to well-being in a direct way, but do we have reason to believe that other forms of mutual recognition are as well? (Section 4) Yet another kind of challenge is that love matters for the quality of lives in some other way than contributing to its prudential value: love is good, but is it good for us? (Section 5) A fourth kind of challenge concerns what we are, and the nature of “essentialism” involved in the approach stressing relational selfhood: cannot, say, motherhood contribute to one’s good life even if motherhood is contingent and not essential? (Section 6). In debates on recognition the idea that mutual recognition is also relevant for well-being has been put forward, for example in Axel Honneth’s (1992, ch.9 ) ”formal” theory of good life. Whatever else constitutes good life, relations of recognition form its backbone (cf. Ikäheimo 2014). Surprisingly little however is written about mutual recognition and well-being in detail, or recognition in comparison to traditional theories of well-being. This chapter aims to fill some of that void, and at the same time defend the view that well-being is one of the normative notions with which mutual recognition has a constitutive relationship. (shrink)

Environmental virtue ethics is about how things (nature) matter, and this is explicated through the virtues (character and dispositions of the agent). It has been suggested that human virtue should be informed by what constitutes our flourishing and by what constitutes nonhuman entities flourishing. Our flourishing, in other words, involves recognising their flourishing and autonomy. My purpose in this paper is to elucidate the notion of mutual flourishing through a study on the relational space that a recognising attitude or (...) disposition of a loving and caring subject creates in its interactions with ‘earth others’. (shrink)

The first part of this paper finds Craver’s (2007) mutual manipulability theory (MM) of constitution inadequate, as it definitionally ties constitution to the feasibility of idealized experiments, which, however, are unrealizable in principle. As an alternative, the second part develops an abductive theory of constitution (NDC), which exploits the fact that phenomena and their constituents are unbreakably coupled via common causes. The best explanation for this common-cause coupling is the existence of an additional dependence relation, viz. (...) constitution. Apart from adequately capturing the essential characteristics of constitution missed by MM, NDC has important ramifications for constitutional discovery—most notably, that there is no experimentum crucis for constitution, not even under ideal discovery circumstances. (shrink)

Adams and Aizawa, in a series of recent and forthcoming papers,, ) seek to refute, or perhaps merely to terminally embarrass, the friends of the extended mind. One such paper begins with the following illustration: "Question: Why did the pencil think that 2+2=4? Clark's Answer: Because it was coupled to the mathematician" Adams and Aizawa ms p.1 "That" the authors continue "about sums up what is wrong with Clark's extended mind hypothesis". The example of the pencil, they suggest, is just (...) an especially egregious version of a fallacy said to pervade the literature on the extended mind. This fallacy, which they usefully dub the " coupling-constitution fallacy ", is attributed, in varying degrees and manners, to Van Gelder and Port, Clark and Chalmers, Haugeland, Dennett, Clark, Gibbs, and Wilson. The fallacy, of course, is to move from the causal coupling of some object or process to some cognitive agent, to the conclusion that the object or process is part of the cognitive agent, or part of the agent's cognitive processing ms p.2). Proponents of the extended mind and related theses, Adams and Aizawa repeatedly assert, are prone to this fallacy in part because they either ignore or fail to properly appreciate the importance of " the mark of the cognitive" viz the importance of an account of "what makes something a cognitive agent". The positive part of Adams and Aizawa's critique then emerges as a combination of the assertion that this "mark of the cognitive" involves the idea that "cognition is constituted by certain sorts of causal process that involve non-derived contents" and that these processes look to be characterized by psychological laws that turn out to apply to many internal goings-on but not currently to any processes that take place in non-biological tools and artifacts. In what follows, I shall try to show why these arguments display nothing so much as mutual failures of communication: crossed wires concealing a couple of real, important, but much more subterranean, disagreements. In particular, I try to show why the negative considerations advanced by Adams and Aizawa fail to successfully undermine the argument for the extended mind, and why their more radical positive story, unless supplemented by implausible additional claims, fails to cast doubt on the claim that minds like ours can extend into the world. (shrink)

In this work we address the proposition that because it emerges from the contract tradition and so relies upon the assumption of mutual advantage, John Rawls' theory of “Justice as Fairness” cannot accommodate persons with severe mental and/or physical impairments. We respond to this criticism by proposing a revision to Rawls' contracting situation, the Original Position . Specifically, we propose to supplant the traditional understanding of mutual advantage—which we agree does constitute the necessary and sufficient condition for deliberation (...) to come about in the OP, as it stands—with a more modest alternative: a Hobbes-inspired concept that we call minimal mutual advantage. We argue that when this revision is introduced into Justice as Fairness, it reconciles admirably the seeming tension between contractarianism’s insistence on the rational, self-interested actor and the reality of societies in which not all members are capable of meeting a standard of reciprocity understood in terms of productive contributions to the general well-being. In so doing, minimal mutual advantage renders indistinguishable the disabled from the able in the OP, allowing Justice as Fairness to capture successfully problems of disability while leaving intact the more appealing aspects of liberalism that other approaches would dismiss. (shrink)

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

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

In his article ‘Divine hiddenness and the demographics of theism’ (Religious Studies, 42 (2006), 177-191) Stephen Maitzen develops a novel version of the atheistic argument from divine hiddenness according to which the lopsided distribution of theistic belief throughout the world’s populations is much more to be expected given naturalism than given theism. I try to meet Maitzen’s challenge by developing a theistic explanation for this lopsidedness. The explanation I offer appeals to various goods that are intimately connected with the human (...) cognitive constitution, and in particular, with the way in which we depend upon social belief forming practices for our acquisition of much of our knowledge about the world – features about us that God would value but that also make probable a lopsided distribution of theistic belief, or so I argue. (shrink)

In this article, we examine two philosophical theories of recognition: those of Paul Ricoeur and Alexandre Kojève. We trace this line of development in the theory of recognition as a return from Ricoeur to Kojève. Our hypothesis is that over the past twenty years, the theory of recognition has undergone a change in content and has transformed into a theory of misrecognition. In turn, the theory of misrecognition is grounded in the struggle between subjects and brings us back to the (...) discourse of the struggle between the Slave and the Master. This transformation from struggle to reciprocity and vice versa, we argue, suggests that a theory of identity formation as a process of resistance to assujettissement is in demand at this moment in history. In the 2010s, as the theory of misrecognition took shape primarily in the English‑speaking world, the constitution of the subject began to be understood once again as the outcome of struggles within feminist, Marxist, and other emancipatory theories. We examine both Ricoeur’s arguments against Kojève, Althusser, and the theory of misrecognition in general, as well as the «return» of Kojève’s arguments in the contemporary theory of misrecognition. (shrink)

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

In this paper, we explore how caretakers experience living with disabled companion animals. Drawing on interviews, as well as narratives on websites and other support groups, we examine ways in which caretakers describe the lives of animals they live with, and their various disabilties. The animals were mostly dogs, plus a few cats, with a range of physical disabilities; almost all had been rehomed, often from places specializing in homing disabled animals. Three themes emerged from analysis of these texts: first, (...) respondents drew heavily on the common narrative of disabled individuals as heroes, often noted in disability rights literature – while simultaneously drawing on, and challenging, ideas of disability as incapacity. The second theme was love and empathy. Several of our interviewees spoke of empathy being enhanced thro We discuss these caretakers' stories of animal disability in relation to both studies of human-animal relationships, and to disability rights, as well as to ideas about what constitutes care. What these narratives emphasize is a particular sense of sharing and reciprocity, felt through the body, especially when caretakers spoke of their own ill-health. They saw disability – the animals' or their own – not as limiting, but as enabling both to flourish within caring relationships. (shrink)

This article explores the role of constitutional thought in Latour’s work on cosmopolitics. It will study his non-modern proposal in the Politics of Nature (2004) and argue for a constitutional rather than political understanding. To address criticisms of being too metaphysical or unpractical, we will work out the notion of a “constitutional ecology of practices” to highlight how different practices such as politics, science, organization, but also law, all contribute to the design of the stage and processes for composing a (...) common world. Special focus will here be placed on the role of “epigrams”: practical models for ordering contributions of different practices or modes in hierarchical relationships. This renders them identifiable, mobilizable, and contestable as cross-cutting models for shaping mutual relations in concrete collaborative settings. The case of the legal regulation of robots will be presented as an example of a cosmopolitical attempt to introduce non-human entities in the common collective. We will here observe the role that epigrams play in framing, ordering and contesting the epistemic contributions of the various practices involved in this innovation ecology. This case will be used to discuss Latour’s proposals and to study non-modern constitutionalism in action. (shrink)

Open peer commentary on the article “A First-Person Analysis Using Third Person-Data as a Generative Method: A Case Study of Surprise in Depression” by Natalie Depraz, Maria Gyemant & Thomas Desmidt. Upshot: In the first part of the commentary, I argue that the some of the main objectives of Depraz et al.’s target article remain somewhat unfulfilled. In the second part, I touch upon and briefly discuss the issue of what constitutes a valid method of researching experience.

How is constitution‐making possible, when people disagree on so many questions about what is good and what is right? The answer lies in the existence of incompletely theorized agreements–agreements on abstract formulations and on particular practices, amidst disagreement about the largest issues in social life. Such agreements help make constitutions and constitutional law possible, even within nations whose citizens cannot concur on the most fundamental matters. Incompletely theorized agreements thus help illuminate an enduring constitutional puzzle: how members of diverse (...) societies can work together on terms of mutual respect amidst intense disagreements about both the right and the good. (shrink)

This article develops a liberal theory of the virtues in business. I first articulate two key liberal values embodied within market society: self-authorship and mutual benefit. Self-authorship is a mode of autonomy given expression through the effective exercise of economic liberties. Mutual benefit involves the intentional pursuit of the well-being of one’s transaction partners within economic exchange. These values are uniquely realized, I argue, within business, conceptualized as a distinct, firm-level, social practice. More specifically, individuals realize self-authorship by (...) purposively integrating cospecialized resources, forms of knowledge, and business functions to facilitate mutually beneficial transactions. Through their commitment to mutual benefit, businesspersons establish ongoing, cooperative relationships with customers, members of other firms, and various stakeholders more generally. These relationships are constitutive of a distinct liberal notion of the common good. The practice of business and the common good in a market society are sustained by a range of individual-level virtues. I recount these virtues and, before concluding, discuss several other theoretical implications of this account. (shrink)

Nature, as Spinoza conceives of it, contains individual things or finite modes, each with its own essence. Although we humans classify individuals into kinds, Spinoza is adamant that the resulting types or species “are nothing”. Despite Spinoza's nominalism, his mature works posit differences between animal kinds that are discoverable by reasoning and available to philosophical understanding. Spinoza's world is fluid in the sense that the powers of individuals are in flux, changing as they interact with one another. In Spinoza's view, (...) changes in an individual's power are typically the effects of its interactions with external things. Spinoza contrasts the affective dynamics between human natures with a lack of affective commonality between humans and other kinds of animals. In his political works Spinoza translates his account of natures or essences into juridical terms. The claim that mutual sociability is what makes an animal kind is of a piece with the rest of Spinoza's philosophy. (shrink)

Many authors have turned their attention to the notion of constitution to determine whether the hypothesis of extended cognition (EC) is true. One common strategy is to make sense of constitution in terms of the new mechanists’ mutual manipulability account (MM). In this paper I will show that MM is insufficient. The Challenge of Trivial Extendedness arises due to the fact that mechanisms for cognitive behaviors are extended in a way that should not count as verifying EC. (...) This challenge can be met by adding a necessary condition: cognitive constituents satisfy MM and they are what I call behavior unspecific. (shrink)

We argue that friendship is constituted in the practice of narration, not merely identifi ed through psychological or sociological criteria. We show that whether two people have, as Aristotle argues, ‘lived together’ in ‘mutually acknowledged goodwill’ can be determined only through a narrative reconstruction of a shared past. We demonstrate this with a close reading of Thomas Bernhard’s Wittgenstein’s Nephew: A Friendship (1982). We argue that this book provides not only an illustration but also an enactment of the practice of (...) friendship as the urge to redeem—and thus to instantiate—Aristotelian suzên (‘living together’) by means of its telling. (shrink)

Deliberation issues in decision, and so might be taken as a paradigmatic volitional activity. Character, on the other hand, may appear pre-volitional: the dispositions that constitute it provide the background against which decisions are made. Bernard Williams offers an intriguing picture of how the two may be connected via the concept of practical necessities, which are at once constitutive of character and deliverances of deliberation. Necessities are thus the glue binding character and the will, allowing us to take responsibility for (...) our characters. Intriguing though the picture may be, it did not receive a thorough elaboration in Williams’s work. My aim here is to work out and defend what I take to be the most valuable aspect of Williams’s view of agency: its model of the way character and the will can jointly determine agency through mutual constitution. However, I argue that Williams’s attempt to use this model to ground his attack on Kantian morality does not succeed, because the primacy Williams accords to character over the will cannot yield the appropriate kind of normative authority, even from the perspective of the agent. I urge that we retain Williams’s model of the interaction between character and the will, modified to allow the will an authority that is not derived from the necessity of character. (shrink)

Are a material object, such as a statue, and its constituting matter, the clay, parts of one another? One wouldn't have thought so, and yet a number of philosophers have argued that they are. I review the arguments for this surprising claim showing how they all fail. I then consider two arguments against the view concluding that there are both pre-theoretical and theoretical considerations for denying that the statue and the clay are mutual parts.

Starting from the presupposition that European democracy is necessary to the survival and development of the European Union, the author deals with the process which may entail a European constitution, and discusses the elements of the present legal structure of the EU which are conducive to a European Democracy. In particular, the author focuses on the incomplete, polycentric, and dynamic character of a possible EC/EU constitution, and on the duality of its legitimating principle. This claim is that these (...) characteristics necessitate some institutional modifications of democratic principles if compared with national democracy, and that Euro‐democracy is possible if we do not simply apply the standards of democracy valid for Member States, but succeed in developing criteria which are adequate to the institutional qualities of the EC/EU. Finally, the author maintains the legal character of the regulatory power of the Community, and invokes the mutual legal bonds linking the Member States and their peoples as the source of the Community. (shrink)

I argue that nonresident aliens, in places that are clearly not U.S. territory, should benefit from constitutional rights. This is a matter of mutuality of obligation. The U.S. claims the authority to hold all people accountable for respecting certain laws, such as the law of war as defined in the Military Commissions Act. Accordingly, it must accord them basic legal rights in return. At the same time, I argue, contra Benjamin Wittes, that this would not lead to absurdly opening the (...) courthouse doors, nor does it require abandoning principle to keep the flood of litigation reasonably contained. Not all harms inflicted by the U.S. government can give rise to a lawsuit, and that the distinction between those who should have a right to sue and those who should not can be drawn in a principled way. (shrink)

One reason for the popularity of Craver’s mutual manipulability account of constitutive relevance is that it seems to make good sense of the experimental practices and constitutive reasoning in the life sciences. Two recent papers propose a theoretical alternative to in light of several important conceptual objections. Their alternative approach, the no de-coupling account, conceives of constitution as a dependence relation that once postulated provides the best explanation of the impossibility of breaking the common cause coupling of a (...) macro-level mechanism and its micro-level components. This entails an abductive view of constitutive inference. Proponents of the NDC or abductive account recognize that their discussion leaves open a big question concerning the practical dimension of the notion of constitutive relevanssssce: Is it possible to faithfully reconstruct constitutional reasoning in science in terms of a failure to de-couple, via interlevel experiments, phenomena from their mechanistic constituents? Focusing on the field of memory and long-term potential research, this article argues that the abductive account provides a more adequate description of interlevel experiments in neuroscience. We also suggest that the account highlights some significant practical recommendations of how to interpret the findings of interlevel experiments. 1Introduction 2Mutual Manipulability and Constitutive Relevance 2.1Constitutive relevance through an interventionist lens 2.2Mutual manipulability: A methodological application 3Trouble for the Mutual Manipulability Account 4The Abductive Account of Constitution 5The Abductive Account: A Methodological Application 5.1Long-term potential and memory experiments 5.2A comparative summary 6Conclusions. (shrink)

This paper explores how the notion of distance works in the practice of interpretation by studying the philosophical underpinnings of the originalism debate in American constitutionalism. Focusing on some of its most important spokespeople, the paper shows that they start from the historicist presupposition that distance can in principle be overcome by a reconstruction of the original intentions of the framers of the Constitution. With the help of Hans-Georg Gadamer, who explicitly based his philosophical hermeneutics on the notion of (...) distance, this presupposition will be criticized. The paper concludes that the originalist and hermeneuticist positions do not mutually exclude each other, but can be synthesized if they are seen as different questions about the same text. The meaning of the Constitution is therefore not given but is dependent on the direction of the questions asked by the interpreter. From this question-dependency of meaning it follows that interpretation follows the law of acoustics: "Angle of incidence equates angle of reflection.". (shrink)

Open peer commentary on the article “Going Beyond Theory: Constructivism and Empirical Phenomenology” by Urban Kordeš. Upshot: Kordeš’s target article proposes to link constructivism and phenomenology, to their mutual benefit. In order to further this endeavour, this commentary suggests that it is important to distinguish two levels of constitution: the epistemological and the ontological. This may serve to clarify difficulties about achieving intersubjective validation.

Abstract:This article explores the role of constitutional thought in Latour's work on cosmopolitics. It will study his non-modern proposal in the Politics of Nature (2004) and argue for a constitutional rather than political understanding. To address criticisms of being too metaphysical or unpractical, we will work out the notion of a "constitutional ecology of practices" to highlight how different practices such as politics, science, organization, but also law, all contribute to the design of the stage and processes for composing a (...) common world. Special focus will here be placed on the role of "epigrams": practical models for ordering contributions of different practices or modes in hierarchical relationships. This renders them identifiable, mobilizable, and contestable as cross-cutting models for shaping mutual relations in concrete collaborative settings. The case of the legal regulation of robots will be presented as an example of a cosmopolitical attempt to introduce non-human entities in the common collective. We will here observe the role that epigrams play in framing, ordering and contesting the epistemic contributions of the various practices involved in this innovation ecology. This case will be used to discuss Latour's proposals and to study non-modern constitutionalism in action. (shrink)

The essay draws together a number of disparate elements from Deleuze and Deleuze and Guattari’s various engagements with Spinoza. Specifically, the essay connects the notion of expressionism, which Deleuze develops in the early work Expressionism in Philosophy: Spinoza, to the notion of living a philosophical life from Spinoza: Practical Philosophy, to the ideas of friendship and conceptual personae in Deleuze and Guattari’s What is Philosophy? To think philosophically, which following Spinoza Deleuze treats as a matter of thinking immanently and essentially, (...) is to live a philosophical life, that is, to re-express the contingencies of an empirical life in and as the essence of a life. Such is the existential and ethical task Spinoza presents us. The essay argues that a Spinozan existential ethics is realisable only in relation to – only in friendship with – the image of a philosopher as conceptual persona. Further, the essay argues that Spinoza is an exemplary philosopher in this regard because expressionism, which he alone in the history of philosophy conceptualises in fully univocal fashion, presents an image of a philosopher as a friend to one and to all. The ethical implication of thinking immanently and living essentially in the image of Spinoza as a photographic lens is to constitute a community of friends – distant and non-communicative as that community may be. Or, to put the point in Dickensian terms that Deleuze appeals to in ‘Immanence: A Life’, the Ethics is of ethico-existential import in expressing the image of Spinoza as our mutual philosophical friend. (shrink)

The U.S. Supreme Court held, in American Manufacturers Mutual Insurance Co. v. Sullivan, 119 S. Ct. 988, that state workers’ compensation system insurers cannot be sued for withholding health care benefits for work-related injuries while they decide whether the treatment is “reasonable” and “necessary.” The respondents, ten employees and two organizations representing employees who received medical benefits under the Workers’ Compensation Act, brought a 42 U.S.C. § 1983 action against state officials, the Pennsylvania State Workers’ Insurance Fund, private insurers, (...) and the school district, alleging that their due process rights were violated by provisions of the Pennsylvania Workers’ Compensation Act, 77 Pa. Cons. Stat. Ann. § 1 et seq.. The Act permits suspension of benefits without notice or opportunity to be heard pursuant to a “utilization review” process.To control costs, Pennsylvania amended its workers’ compensation system in 1993. Under the Act, an employer or its insurer must pay for all reasonable and necessary medical treatment. (shrink)

Holobionts are multicellular eukaryotes with multiple species of persistent symbionts. They are not individuals in the genetic sense— composed of and regulated by the same genome—but they are anatomical, physiological, developmental, immunological, and evolutionary units, evolved from a shared relationship between different species. We argue that many of the interactions between human and microbiota symbionts and the reproductive process of a new holobiont are best understood as instances of reciprocal scaffolding of developmental processes and mutual construction of developmental, ecological, (...) and evolutionary niches. Our examples show that mother, fetus, and different symbiotic microbial communities induce or constitute conditions for the development and reproduction of one another. These include the direct induction of maternal or fetus physiological changes, the restructuring of ecological relations between communities, and evolutionary selection against undesirable competitors. The mutual scaffolding and niche constructing processes start early—prior to amniotic rupture. We are evolutionarily, physiologically, and developmentally integrated holobiont systems, strung together through mutual reliance and mutual construction. Bringing the processes of niche construction and developmental scaffolding together to interpret holobiont birth conceptually scaffolds two new directions for research: in niche construction, identifying the evolutionary implications of organisms actively constructing multiple overlapping niches and scaffolds, and in Evolutionary Developmental Biology, characterizing evolutionary and ecological processes as developmental causes. (shrink)

This paper proposes an exploration of relationships and exchanges between the philosophies of Cavell and Kuhn by the study of aspects of the philosophy of Wittgenstein. Although the notions of language games and family resemblances used by Kuhn in The Structure of Scientific Revolutions have been elaborated by Wittgenstein, Cavell’s reading of Wittgenstein inspired that of Kuhn. I will attempt to show that against this background, Cavell’s conception of the relations of arts, works of arts, and artists, can be relevantly (...) compared to Kuhn’s conception of the relations of sciences, scientific successes, and scientific practitioners. Three ways of elucidating the mutual exchanges between Cavell and Kuhn may be distinguished: One consists in clarifying the ways in which Cavell and Kuhn explicitly mutually inspired each other. Another one consists in clarifying that Cavell’s Wittgenstein inspired Kuhn. And a third one consists in clarifying that Wittgenstein inspired both Kuhn and Cavell and the ways in which he inspired them. This third way is not exclusive of the first two and even contributes to these by rendering explicit their stakes. For at stake is not only the restitution of the truth of an exegetical mediation: that Kuhn’s Wittgenstein cannot be truly understood without accounting for Cavell’s Wittgenstein. Rather the transitive character of the mediation implied by interpretation does not substitute for the intransitive character of a thoroughly philosophical inheritance. It is not the case that because Kuhn was inspired by Cavell who was inspired by Wittgenstein, that Kuhn could be inspired only by Cavell’s Wittgenstein, and not by Wittgenstein. Further, the question is not only philological but philosophical if we take into account the methods and the philosophy of Wittgenstein. To use an image: that a path was indicated by someone to someone else could not have implied that what was indicated by a person to another was oneself; this much was already known to us with the old fable of the moon, the finger and the sage. With this paper I will thus first seek to establish the relevance of the comparison of Cavell’s conception of the relations of arts, works of arts, and artists with Kuhn’s conception of the relations of sciences, scientific successes, and scientific practitioners. Then I will attempt to render explicit the unrestrictive limits of this comparison both to account for the mutual exchanges between Cavell and Kuhn and consider or bring out some symmetries and asymmetries concerning the place of paradigms in sciences and arts. (shrink)

How is constitutionalism possible, when people disagree on so many questions about what is good and what is right? The answer lies in two kinds of incompletely theorized agreement - both reached amidst the sharpest disagreements about the fundamental issues in social life. The first consist of agreements on abstract formulations ; these agreements are crucial to constitution-making as a social practice. The second consist of agreements on particular doctrines and practices; these agreements are crucial to life and law (...) under existing constitutions. Incompletely theorized agreements help illuminate an enduring constitutional puzzle: how members of diverse societies can work together on terms of mutual respect amidst intense disagreements about both the right and the good. Such agreements help make constitutions and constitutional law possible, even within nations whose citizens cannot concur on the most fundamental matters. (shrink)

Using the bench trial of Colorado’s Amendment 2 as an example, this article focuses on the more general question of expert testimony in moral philosophy. It argues that there is indeed expertise in moral philosophy but argues against admitting such expert testimony in cases dealing with what John Rawls terms “constitutional essentials” and ‘matters of basic justice.” Developing the idea of public reason inherent in the Rawlsian concept of political liberalism, the article argues that philosophers can and should speak out (...) on public issues, if they do so with due respect for certain restrictions, but that they should not serve as expert witnesses on core constitutional questions, since doing so suggests that they claim a type of authority that would require fellow citizens to defer to their views. Such claims to authority in basic ethical matters threaten the mutual respect for divergent comprehensive doctrines that lies at the core of political liberalism. Philosophers have a duty to serve the public good, and they perform this service in fruitful ways. But they should refuse a public role that appears incompatible with equal respect for the committed ethical searching of their fellow citizens. (shrink)

How is constitutionalism possible, when people disagree on so many questions about what is good and what is right? The answer lies in two kinds of incompletely theorized agreement - both reached amidst the sharpest disagreements about the fundamental issues in social life. The first consist of agreements on abstract formulations ; these agreements are crucial to constitution-making as a social practice. The second consist of agreements on particular doctrines and practices; these agreements are crucial to life and law (...) under existing constitutions. Incompletely theorized agreements help illuminate an enduring constitutional puzzle: how members of diverse societies can work together on terms of mutual respect amidst intense disagreements about both the right and the good. Such agreements help make constitutions and constitutional law possible, even within nations whose citizens cannot concur on the most fundamental matters. (shrink)