We argue that there is a variety of convention, effective coordinating agreement, that has not been adequately identified in the literature. Its distinctive feature is that it is a structure of conditional we-intentions of parties, unlike more familiar varieties of convention, which are structures of expectations and preferences or obligations. We argue that status functions constitutively involve this variety of convention, and that what is special about it explains, and gives precise content to the central feature of status (...) functions, namely, that objects with status functions can perform their functions only insofar as they have been collectively accepted as having them. (shrink)

This contradiction ”1. The universal right to free speech did not exist before the European Enlightenment, at which time it came into existence. 2. The universal right to free speech has always existed, but this right was recognized only at the time of the European Enlightenment.” draws on two common and conflicting intuitions: The human right to free speech exists because institutions, or the law, says so. In contrast, the human right to free speech can exist independently of institutions—these institutions (...) simply recognize a right we already have. John Searle argues that his status function account of human rights can preserve both intuitions by showing that the inconsistency between and is merely apparent. I argue that this solution works for tokens of human rights but not for types, while the contradiction concerns types. Hence, the status function account of human rights fails to preserve both intuitions. (shrink)

In this article, I articulate and defend an account of corporations motivated by John Searle’s discussion of them in his Making the Social World. According to this account, corporations are abstract entities that are the products of status function Declarations. They are also connected with, though not reducible to, various people and certain of the power relations among them. Moreover, these connections are responsible for corporations having features that stereotypical abstract entities lack (e.g., the abilities to take actions (...) and make profits). (shrink)

This article discusses John Searle’s status function account of human rights and Åsa Burman’s “A Critique of the Status Function Account of Human Rights.” While recognizing the validity of part of the critique, based on the distinction between types and tokens, the author argues that, nonetheless, one is not compelled to accept Burman’s conclusion, that “one must give up the status function account of human rights to explain how a human right can exist without (...) collective recognition”. Specifically, the author accepts Burman’s critique of Searle’s attempt to preserve the intuition that human rights have existed without collective recognition, but concludes offering three ways to understand human rights even in the absence of collective recognition, all of which preserve the status function account. (shrink)

We are able to participate in countless different sorts of social practice. This indefinite set of capacities must be explainable in terms of a finite stock of capacities. This paper compares and contrasts two different explanations. A standard decomposition of the capacity to participate in social practices goes something like this: the interpreter arrives on the scene with a stock of generic practice-types. He looks at the current scene to fill-in the current tokens of these types. He looks at the (...) current state of these practice tokens to see what actions are available to him. He uses his current desires to choose between these various possible actions. I argue that this standard explanation is defective, drawing on arguments by Searle and Wittgenstein and Garfinkel. I propose an alternative explanation, in which the participants must continually show each other the state of the scene in order to maintain the scene’s intelligibility. I provide a simple formal language in which to describe this alternative approach, in which we can state quite precisely what someone is doing when they participate in a practice. This language is related to both deontic and epistemic logics, but it is much simpler – it does not include the classic propositional connectives, and it is driven by a very different set of assumptions. The inspirations for this formal language are Searle’s analysis of directions of fit, Wittgenstein’s remarks on rule-following and Garfinkel’s ethnomethodology. (shrink)

This article develops an institutional understanding of borders. Drawing on constitutive constructivism and theories of practical communication we argue that bordering as a process is a form of sorting through the imposition of status-functions on people and things, which alters the perception of that thing by setting it within a web of normative claims, teleologies and assumptions. Studying any border, therefore, extends to include the rule structure that constitutes it as well as the sources of that structure’s legitimacy. Furthermore, (...) rule structures are both restrictive and facilitative and importantly they overlap while retaining different sources of legitimacy: actors bring different constitutive perspectives on the border depending on the particular rule structure they are drawing on in order to make legitimate claims about what that border produces. This recognition sensitizes analysis to the interplay between different sense-making regimes and their authoritative underpinnings. Methodologically it points researchers towards the practical and discursive methods actors use when making arguments about what a particular border can and does do. (shrink)

The most debated status of the wave function of Quantum Mechanics is discussed in the light of the epistemological vs ontological opposition.

Introduction. The article deals with the problem of the functional status of regions in the system of economic federalism, which is associated with the high spatial heterogeneity of Russia, and explains the need to move from the model of economic fed- eralism, which combines the presence of universal institutions and institutional exceptions, to a model that takes into account the spatial diversity of ter- ritories. The purpose of the study is to substantiate the decrease in the heterogeneity of the (...) economic federalism space when moving on to a model based on macro territories - groups of regions with the same functional status. Methods. The author uses methods of a mono- graphic review, logical and statistical analysis in the context of applying a spatial approach in studying the relations of economic federalism, as well as the concept of “smart specialization” in relation to the regions of Russia to differentiate the relationship of the federal center with the territories within the same specialization. Scientific novelty of the study. The article is the first to present a methodology for determining the functional status of regions, which is the basis for the subsequent formation of a model of relations between the federal center and macro regions. Results. The author proposes methods for deter- mining the functional status of regions and calcu- lating indicators that characterize the relations of economic federalism. The first methodology, based on economic and territorial criteria, makes it possi- ble to attribute each region of Russia to a group of macro regions according to their functional status. The second method makes it possible to substanti- ate a greater asymmetry of indicators character- izing economic federalism in the country as a whole than in the context of macro territories. Conclusions. Regarding the higher stability of indicators characterizing economic federalism by groups of macro-territories than in the country as a whole, the need for a transition to a flexible model of economic federalism based on differentiated measures and specific tools to support regions in the context of their functional specializations is substantiated. (shrink)

In spite of contemporary theoretical disagreement on the nature of language, there is a widespread informal agreement about what linguistic facts are. This article argues that a functional approach to language can provide the foundation for an explicit account of what the informal consensus implies. The account bridges the ‘internalist’ and the ‘externalist’ views of language by understanding mental constructs such as those involved in human languages as aspects of a dynamic social equilibrium. As in evolutionary biology, processes of selection (...) can work to stabilize certain features while others vary; and this process (in which ‘function’ plays a key role) is a necessary supplement to a purely mentalist account. This position is seen as a development of the position of Searle on social facts and Keller on language change. (shrink)

Medical technology, specialization, and the corporatization of health delivery systems in the late twentieth century have all helped give birth to an unwelcome but unavoidable responsibility for individuals with family or friends—serving as a health care proxy. The responsibility comes without monetary compensation, is often involuntary, and lacks any real guidelines beyond the duty to make life-and-death decisions in circumstances over which the proxy has little control.The parameters of the proxy's job have evolved somewhat awkwardly in statutes and case law, (...) as lawmakers and judges have tried to apply conventional concepts to novel circumstances. This article examines the legal and functional status of the proxy, as well as the strengths and weaknesses of current public policy as reflected by state advance directive and surrogate decision-making laws. The first section of the article provides a historical perspective of our current notions of agency law as relevant to health care proxies. (shrink)

Medical technology, specialization, and the corporatization of health delivery systems in the late twentieth century have all helped give birth to an unwelcome but unavoidable responsibility for individuals with family or friends—serving as a health care proxy. The responsibility comes without monetary compensation, is often involuntary, and lacks any real guidelines beyond the duty to make life-and-death decisions in circumstances over which the proxy has little control.The parameters of the proxy's job have evolved somewhat awkwardly in statutes and case law, (...) as lawmakers and judges have tried to apply conventional concepts to novel circumstances. This article examines the legal and functional status of the proxy, as well as the strengths and weaknesses of current public policy as reflected by state advance directive and surrogate decision-making laws. The first section of the article provides a historical perspective of our current notions of agency law as relevant to health care proxies. (shrink)

Patients with Wilson’s disease suffer from prospective memory impairment, and some of patients develop cognitive impairment. However, very little is known about how brain structure and function changes effect PM in WD. Here, we employed multimodal neuroimaging data acquired from 22 WD patients and 26 healthy controls who underwent three-dimensional T1-weighted, diffusion tensor imaging, and resting state functional magnetic resonance imaging. We investigated gray matter volumes with voxel-based morphometry, DTI metrics using the fiber tractography method, and RS-fMRI using the (...) seed-based functional connectivity method. Compared with HC, WD patients showed GM volume reductions in the basal ganglia and occipital fusiform gyrus, as well as volume increase in the visual association cortex. Moreover, whiter matter tracks of WD were widely impaired in association and limbic fibers. WM tracks in association fibers are significant related to PM in WD patients. Relative to HC, WD patients showed that the visual association cortex functionally connects to the thalamus and hippocampus, which is associated with global cognitive function in patients with WD. Together, these findings suggested that PM impairment in WD may be modulated by aberrant WM in association fibers, and that GM volume changes in the association cortex has no direct effect on cognitive status, but indirectly affect global cognitive function by its aberrant functional connectivity in patients with WD. Our findings may provide a new window to further study how WD develops into cognitive impairment, and deepen our understanding of the cognitive status and neuropathology of WD. (shrink)

Recent years have witnessed a growing interest in the measurement of health status. One of the most well-known health status instruments is the Sickness Impact Profile (SIP). This paper examines the nature, development and testing of the SIP (and its UK equivalent the FLP). The practical merits of these instruments are explained, and some cautionary remarks are offered about their limitations.

According to the most popular theories of intentionality, a family of theories we will refer to as “functional intentionality,” a machine can have genuine intentional states so long as it has functionally characterizable mental states that are causally hooked up to the world in the right way. This paper considers a detailed description of a robot that seems to meet the conditions of functional intentionality, but which falls victim to what I call “the composition problem.” One obvious way to escape (...) the problem (arguably, the only way) is if the robot can be shown to be a moral patient – to deserve a particular moral status. If so, it isn’t clear how functional intentionality could remain plausible (something like “phenomenal intentionality” would be required). Finally, while it would have seemed that a reasonable strategy for establishing the moral status of intelligent machines would be to demonstrate that the machine possessed genuine intentionality, the composition argument suggests that the order of precedence is reversed: The machine must first be shown to possess a particular moral status before it is a candidate for having genuine intentionality. (shrink)

In the debate over the moral status of nonsentient organisms, biocentrists argue that all living things, including nonsentient ones, have interests of their own. They often defend this claim by arguing that living organisms are goal-directed, functionally organized systems. This argument for ascribing interests has faced a serious challenge that is sometimes called the Problem of Scope. Critics have argued that ascribing interests on the basis of functional organization would have implausible implications regarding the scope of the argument, such (...) as ascribing interests to inanimate artifacts and machines. In this paper, I argue that much of the recent discussion on the Problem of Scope is based on an uncharitable interpretation of the argument for ascribing interests, which presupposes a reductionist account of functions. I assess this version of the argument, and explain why it cannot succeed. I then consider an alternative interpretation of the argument, which appeals to a non-reductionist account of functions. I argue that this version of the argument avoids the Problem of Scope, while acknowledging that it has limitations of its own. (shrink)

Consciousness has an important role in ethics: when a being consciously experiences the frustration or satisfaction of its interests, those interests deserve higher moral priority than those of a behaviourally similar but non-conscious being. I consider the relationship between this ethical role and an a posteriori (or “type-B”) materialist solution to the mind-body problem. It is hard to avoid the conclusion that, if type-B materialism is correct, then the reference of the concept of phenomenal consciousness is radically indeterminate between a (...) neuronal-level property that is distinctive to mammals and a high-level functional property that is much more widely shared. This would leave many non-mammalian animals (such as birds, fish, insects and octopuses) with indeterminate moral status. There are ways to manage this radical moral indeterminacy, but all of these ways lead to profoundly troubling consequences. (shrink)

This is a new volume of original essays on the metaphysics of quantum mechanics. The essays address questions such as: What fundamental metaphysics is best motivated by quantum mechanics? What is the ontological status of the wave function? Does quantum mechanics support the existence of any other fundamental entities, e.g. particles? What is the nature of the fundamental space of quantum mechanics? What is the relationship between the fundamental ontology of quantum mechanics and ordinary, macroscopic objects like tables, (...) chairs, and persons? This collection includes a comprehensive introduction with a history of quantum mechanics and the debate over its metaphysical interpretation focusing especially on the main realist alternatives. (shrink)

There’s a general assumption that teleology and function do not exist in inanimate nature. Throughout biology, it is generally taken as granted that teleology (or teleonomy) and functions are not only unique to life, but perhaps even a defining quality of life. For many, it’s obvious that rocks, water, and the like, are not teleological, nor could they possibly have stand-alone functions. This idea - that teleology and function are unique to life - is the target of this (...) paper. I begin with an overview of McShea’s field theoretic account of teleology. I start with the field theoretic account because it presents a promising analysis of teleological systems. It is promising because, in not making any assumptions about life’s special status in teleological systems, it avoids counterexamples that have problematized other accounts. I then consider some of the prominent efforts that have been made to attempt to avoid ascribing functions or teleology to some form of inanimate nature. In my assessment, none of the efforts are successful. I conclude by offering mineral evolution as a case study to show how inanimate nature can be both teleological and functional. The evolution of mineral species reveals that teleology and function extend to inanimate nature, and that teleology and function come in degrees. (shrink)

The culturally pervasive tendency to identify aspects of the body as aesthetically imperfect harms individuals and scaffolds injustice related to disability, race, gender, LGBTQ+ identities, and fatness. But abandoning the notion of imperfection may not respect people’s reasonable understandings of their own bodies. I examine the prospects for a practice of aesthetic assessment grounded in a notion of the body’s function. I argue that functional aesthetic assessment, to be respectful, requires understanding the body’s functions as complex, malleable, and determined (...) by the projects and interests of the person whose body it is. Aesthetically relevant functions, on this account, are determined neither by the body’s status as organism nor by cultural assumptions about how bodies should function or be used. (shrink)

What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so (...) as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. -/- This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities. (shrink)

This article discusses the status of transcripts in Conversation Analysis. Repeatedly, the function and the epistemic state of transcripts have been the subject of discussions and reflections in Conversation Analysis. Drawing on a range of empirical examples taken from various authors, this article discusses the question of how present forms of visuality and multi-modality in the data material or the handling of artifacts can be captured in transcripts and how the problem of ‘representation’ of complex and interactive situations (...) can be solved. It turns out that the evolution of recording media along with the medium shift in Conversation Analysis has altered the status of transcripts, effecting a twofold ‘in-between-ness’: transcripts inhabit the conceptual space between orality and literacy on the one hand and between artwork and figure on the other hand. This oscillating hybrid nature proves to be the central property of transcripts in present-day Conversation Analysis. Transcripts are described as scientific ‘objects of knowledge’ and discussed with respect to their methodological and epistemic status. (shrink)

The most central metaphysical question about phenomenal consciousness is that of what constitutes phenomenal consciousness, whereas the most central epistemic question about consciousness is that of whether science can eventually provide an explanation of phenomenal consciousness. Many philosophers have argued that science doesn't have the means to answer the question of what consciousness is (the explanatory gap) but that consciousness nonetheless is fully determined by the physical facts underlying it (no metaphysical gap). Others have argued that the explanatory gap in (...) the sciences entails a metaphysical gap. The explanatory gap exists, they say, because there are two fundamental properties in the world that do not reduce to one another: Phenomenal and physical. This position is also known as 'property dualism'. A famous argument, formulated and defended at great length by David Chalmers, uses conceptual tools to argue for a metaphysical gap. When we just look at what the notion of phenomenal consciousness implies, we will find that it doesn't rule out that there could be entities functionally and physically identical to us but without phenomenal consciousness. A couple of further argumentative steps can get us from here to the conclusion that laying down the physical facts of our world does not necessitate phenomenal consciousness. I argue that this argument is compelling but that accepting the conclusion doesn't have the implication that science cannot discover what consciousness is. I begin by outlining and assessing a number of different positions philosophers and scientists have recently defended regarding the link between neurological systems and consciousness, I then argue that even if property dualism is true, that doesn't necessarily prevent the sciences from discovering what constitutes consciousness. That is, there may be no explanatory gap even if there is a metaphysical gap. (shrink)

Background The Regional Committee for Africa of the World Health Organization (WHO) in 2001 expressed concern that some health-related studies undertaken in the Region were not subjected to any form of ethics review. In 2003, the study reported in this paper was conducted to determine which Member country did not have a national research ethics committee (REC) with a view to guiding the WHO Regional Office in developing practical strategies for supporting those countries. Methods This is a descriptive study. The (...) questionnaire was prepared and sent by diplomatic pouch to all the 46 Member States in the WHO African Region, through the WHO country representatives, for facilitation and follow up. The data were entered in Excel spreadsheet and subsequently exported to STATA for analysis. A Chi-Squared test (χ 2) for independence was undertaken to test the relationship between presence/absence of Research Ethics Committee (REC) and selected individual socioeconomic and health variables. Results The main findings were as follows: the response rate was 61% (28/46); 64% (18/28) confirmed the existence of RECs; 36% (10/28) of the respondent countries did not have a REC (although 80% of them reported that they had in place an ad hoc ethical review mechanism); 85% (22/26) of the countries that responded to this question indicated that ethical approval of research proposals was, in principle, required; and although 59% of the countries that had a REC expected it to meet every month, only 44% of them reported that the REC actually met on a monthly basis. In the Chi-Squared test, only the average population in the group of countries with a REC was statistically different (at 5% level of significance) from that of the group of countries without a REC. Conclusion In the current era of globalized biomedical research, good ethics stewardship demands that every country, irrespective of its level of economic development, should have in place a functional research ethics review system in order to protect the dignity, integrity and safety of its citizens who participate in research. (shrink)