Este artículo presenta a Weber y Habermas como los umbrales o polos de una modernidad que tiene al progreso como horizonte teórico-práctico. El diagnóstico weberiano sobre la modernidad y su proceso de desencantamiento del mundo y la injustificada reducción de la actividad racional a una actividad utilitario-estratégica desprovista de su carácter veritativo y de su orientación valórica, Habermas la utiliza para justificar su propuesta teórico-crítica respecto a la modernidad y la "paradoja de la racionalización", distinguiendo "sistema" y "mundo vital". Aquí (...) "desencantamiento del mundo" y "consenso del proyecto de lamodernidad", se encuentranThis article presents Weber and Habermas like the thresholds or poles of a modernity that has to the progress as theoretical- practical horizon. The diagnosis weberiano on the modernity and his process of disenchantment of the world and the unjustified reduction of the rational activity to a utilitarian-strategic activity devoid of his character of truth, Habermas uses to justify his theoretical-critical offerwith regard to themodernity and the "paradox of the rationalization", distinguishing "system" and "vital world". Here "disenchantment of the world" and "consensus of the project of the modernity", they are. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedThe Ambitions of Curiosity: Understanding the World in Ancient Greece and China. By G.E.R. Lloyd. Cambridge: Cambridge University Press, 2002. Pp. xvi + 175. Price not given.The Art of the Han Essay: Wang Fu's Ch'ien-Fu Lun. By Anne Behnke Kinney. Tempe: Center for Asian Studies, Arizona State University, 1990. Pp. xi + 154. Paper $10.00.The Autobiography of Jamgön Kongtrul: A Gem of Many Colors. By Jamgön Kongtrul Lodrön (...) Thayé and translated by Richard Barron (Chökyi Nyima). Ithaca, New York: Snow Lion Publications, 2003. Pp. xxii + 549. Price not given.Awesome Nightfall: The Life, Times, and Poetry of Saigyō. By William R. LaFleur. Boston: Wisdom Publications, 2003. Pp. xiii + 173. Paper $14.95.Becoming the Compassion Buddha: Tantric Mahamudra for Everyday Life. By Lama Thubten Yeshe, edited by Robina Courtin, and foreword by Geshe Lhundub Sopa. Boston: Wisdom Publications, 2003. Pp. xi + 194. Paper $14.95.Between Two Worlds East and West: An Autobiography. By J. N. Mohanty. New Delhi: Oxford University Press, 2002. Pp. ix + 134. Hardcover RS 525.00.The Chinese Face of Jesus Christ. Edited by Roman Malek, S.V.D. Sankt Augustin, Germany: Institut Monumenta Serica and China-Zentrum; and Nettetal, Germany: Steyler Verlag, 2002. Pp. 391. EUR 40.00.Chinese Medicine in Contemporary China: Plurality and Synthesis. By Volker Scheid. Durham and London: Duke University Press, 2002. Pp. xiv + 407. Hardcover $69.95. Paper $23.95.Confucian Feminist: Memoirs of Zeng Baosun (1893-1978). Translated and adapted by Thomas L. Kennedy. Philadelphia: American Philosophical Society, 2002. Pp. xxi + 170. Price not given.Consciousness Studies: Cross-Cultural Perspectives. By K. Ramakrishna Rao. Jefferson (North Carolina) and London: McFarland and Company, 2002. Pp. 367. Hardcover $65.00.Constituting Communities: Theravāda Buddhism and the Religious Cultures of South and Southeast Asia. Edited by John Clifford Holt, Jacob N. Kinnard, and Jonathan S. Walters. Albany: State University of New York Press, 2003. Pp. viii + 224. Hardcover $65.50. Paper $21.95.Developments in Indian Philosophy from Eighteenth Century Onwards: Classical and Western. By Daya Krishna. Volume X Part 1 of History of Science, Philosophy and Culture in Indian Civilization, edited by D. P. Chattopadhyaya. New [End Page 110] Delhi: Centre for Studies in Civilizations, 2001. Pp. xxiii + 417. Hardcover RS 1200.East and West: Identità e dialogo interculturale. By Giangiorgio Pasqualotto. Venezia: Marsilo Editori, 2003. Pp. 210. EUR 16.00.Effortless Action: Wu-wei as Conceptual Metaphor and Spiritual Ideal in Early China. By Edward Slingerland. New York: Oxford University Press, 2003. Pp. xii + 352. Price not given.Encountering Kā lī: In the Margins, at the Center, in the West. Edited by Rachel Fell McDermott and Jeffrey J. Kripal. Berkeley and Los Angeles: University of California Press, 2003. Pp. xviii + 321. Hardcover $55.00, £37.95. Paper $21.95, £15.95.Encyclopedia of Chinese Philosophy. Edited by Antonio S. Cua. New York and London: Routledge, 2003. Pp. xx + 1020. Hardcover $150.00.Essays on Indian Philosophy. By J. N. Mohanty and edited by Purushottama Bilimoria. New Delhi: Oxford University Press, 2002. Pp. xxxvii + 347. Paper RS 525.00.Faith, Humor, and Paradox. By Ignacio L. Götz. Westport, Connecticut: Praeger Publishers, 2002. Pp. 136. Hardcover $61.95.Four Illusions: Candrakīrti's Advice for Travelers on the Bodhisattva Path. Translated by Karen C. Lang. New York: Oxford University Press, 2003. Pp. xv + 240. Price not given.The Great Awakening: A Buddhist Social Theory. By David R. Loy. Boston: Wisdom Publications, 2003. Pp. 223. Paper $16.95.The Hidden History of The Tibetan Book of the Dead. By Bryan J. Cuevas. New York: Oxford University Press, 2003. Pp. xi + 328. Price not given.Huang Di nei jing su wen: Nature, Knowledge, Imagery in an Ancient Chinese Medical Text. By Paul U. Unschuld. Berkeley and Los Angeles: University of California Press, 2003. Pp. xii + 520. Hardcover $75.00, £52.00.In Dewey's Wake: Unfinished Work of Pragmatic Reconstruction. Edited by William J. Gavin. Albany: State University of New York Press, 2003. Pp. vi + 249. Hardcover $71.50. Paper $23.95.Knowledge and Freedom in Indian Philosophy. By Tara Chatterjea. Lanham, Maryland: Lexington Books, 2002. Pp. xvi + 159. Hardcover... (shrink)

This article aims to clarify the epistemological foundations of the Freudian energetics model, starting with a historical review of the 19th century scientific context in which Freud's research lay down its roots. Beyond the physiological and anatomical references of Project for a Scientific Psychology, the physiology Freud makes reference to is in reality primarily anchored in an epistemological model derived from physics. Whilst across the Rhine, the autonomy of physiology in relation to physics was far from being accomplished, as a (...) counterpoint, in France, the revolution in physiology driven by Claude Bernard established itself autonomously from physics,. In contrast, Freud's scientific landscape is entirely dominated by the physics elevated to the rank of an ideal science. The influence of Helmholtz, who is both a medical doctor and a physicist, has a determining influence on Freud's training. The discoveries in physics at that time, in particular the formulation of the principle of 'conservation of force' - first principle of thermodynamics - will constitute the points of reference upon which Freud will elaborate his energetics model, then subsequently, the idea of economy in his metapsychology. In this way we can trace both the historic and epistemological path that led Freud from a concept based on physics, and more specifically thermodynamic energy, to an idea of nervous energy that constitutes the basis of the concept of "quantity" as it is stated as 'first fundamental idea' in Project for a Scientific Psychology. This notion will subsequently evolve, and lead Freud to the introduction of the concept of 'psychical energy,' this time in a purely metapsychological sense. (shrink)

continent. 2.1 (2012): 1. A year has passed and continent. has sedimented an annual strata into the geological record of the Internet. During the winter months we gratefully received donations from our readership and we've applied these funds to offset some of the costs of maintaining our tidy corner of the Web. Specifically, we've used these funds to renew our accounts at Flickr, Soundcloud, and Vimeo. We also bought a snippet of code. We continue to accept donations at our WePay (...) account so that we can upgrade our server space, which is currently being donated to us. For this, our fifth issue, we offer varve as our constellating theme. From the Swedish varv , whose semantic web includes notions of “revolution,” accretion “in layers,” and “circle,” a varve is that precise geologic formation referring to the whole of any annual sedimentary layer. We didn't need to rely on Einstein alone to relativize space and time; all of the build-up of matter accrued by the passage had already accomplished that—the spatialization of time. Scaling the term up, we recall ecologist Eugene F. Stoermer coined the term Anthropocene to refer to the extent to which human impact upon the Earth had come to constitute a new geological era. Today the time we take for reflection plumbs an unprecedented ecology and brings to consciousness undiscovered contingencies. As material and medium for making, remaking, archeologizing, and archiving thought, varves (and/as/or journals) are species of the broader category of rhythmites . Secret-ing the rhythms of deep time, every record, geologic or otherwise, is subject to all the effects of interpretation and rhetoric that the contemporary DJ has at their disposal—reverberated, delayed, stuttered, syncopated, beat-juggled, back-spun, cross-faded from one epoch to another. The record itself, however, is hyperspecific: referring to moments of passing contexts, communities, and histories. But as such, a record constitutes the possibility of a long view, chronicling changes in climates, movements of occupation, and the long counts of calendars. As always, continent. welcomes excavations transdisciplinary and media-agnostic in nature and scope. We look forward to accepting yours through May 15. (shrink)

This twelfth volume of Correspondence contains authoritative and fully annotated texts of all known letters sent both to and from Bentham between July 1824 and June 1828. The 301 letters, most of which have never before been published, have been collected from archives, public and private, in Britain, the United States of America, Switzerland, France, Japan, and elsewhere, as well as from the major collections of Bentham Papers at University College London Library and the British Library.In mid-1824 Bentham was still (...) preoccupied with the Greek struggle for independence against Turkey, though his active involvement waned as he became disenchanted with the behaviour of the deputies sent to London by the Greek National Assembly. His international reputation was reflected in his continuing contact with Simón Bolívar and Bernardino Rivadavia in South America, and with John Quincy Adams, John Neal, Henry Wheaton, and others in the United States, and his forging of new contacts in Guatemala, India, and Egypt. In the autumn of 1825 he visited France, where he stayed with Jean Baptiste Say and La Fayette, and was fêted by the French liberals.Bentham made considerable progress drafting material for his pannomion, or complete code of laws, and in particular for his Constitutional and Procedure Codes, while John Stuart Mill edited the massive Rationale of Judicial Evidence. Bentham became increasingly active in the cause of law reform, and exchanged a series of letters on the subject with Robert Peel, the Home Secretary, and Henry Brougham. He maintained his friendships with John and Sarah Austin, George and Harriet Grote, James and John Stuart Mill, John Bowring, Joseph Hume, Francis Burdett, Francis Place, and Joseph Parkes, re-established contact with the third Marquis of Lansdowne, son of his old friend the first Marquis, and made new acquaintances in James Humphreys, Sutton Sharpe, and Albany Fonblanque. (shrink)

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

Many philosophers, following Williamson (The Philosophical Review 105(4): 489–523, 1996), Williamson (Knowledge and its Limits, Oxford, Oxford Univer- sity Press, 2000), subscribe to the constitutive rule account of assertion (CRAA). They hold that the activity of asserting is constituted by a single constitutive rule of assertion. However, in recent work, Maitra (in: Brown & Cappelen (ed). Assertion: new philosophical essays, Oxford, Oxford University Press, 2011), Johnson (Acta Analytica 33(1): 51–67, 2018), and Kelp and Simion (Synthese 197(1): 125–137, 2020a), Kelp and (...) Simion (in: Goldberg (ed) The Oxford Handbook of Assertion, Oxford, Oxford University Press, 2020b) aim to show that, for all the most popular versions of the constitutive rule of assertion proposed in the literature, asserting is not an activity constituted by a single constitutive rule and that therefore CRAA is very likely false. To reach this conclusion, they all present a version of what can be dubbed the engagement condition objection. That is, they each propose a necessary condition on engaging in rule-constituted activities. Then they argue that, for all the most popular versions of the constitutive rule of assertion proposed in the literature, one can make assertions without satisfying this condition. In response, I present a counterexample that shows that the proposed engagement conditions lead to coun- terintuitive results, and I propose an alternative that better captures our intuitions. Then I argue that this alternative engagement condition is compatible with all the most popular versions of the constitutive rule of assertion. (shrink)

By analysing original sources and evaluating conceptual frameworks, this book discusses the idea proclaimed in the Preamble to the Constitution that Australia is a federal commonwealth. Taking careful account of the influence which the American, Canadian and Swiss Constitutions had upon the framers of the Australian Constitution, the author shows how the framers wrestled with the problem of integrating federal ideas with inherited British traditions and their own experiences of parliamentary government. In so doing, the book explains how (...) the Constitution came into being in the context of the groundswell of federal ideas then sweeping the English-speaking world. In advancing an original argument about the relationship between the formation of the Constitution, the representative institutions, configurations of power and amending formulas contained therein, fresh light is shed on the terms and structure of the Constitution and a range of problems associated with its interpretation and practical operation are addressed. (shrink)

Marya Schechtman takes issue with analytic philosophy's emphasis on the first sort of question to the exclusion of the second.

The Constitution of Independence is a contribution to the newly rejuvenated subject of comparative Commonwealth constitutional law, politics, and history. In Australia, Canada, and New Zealand, a series of fascinating developments have been under way for more than a decade, characterized by independent thinking, experimentation, and cross-Commonwealth borrowing of constitutional ideas. These include the final termination of constitutional ties with the United Kingdom Parliament and the emergence of controversial issues including variably entrenched or implied rights and freedoms; wide-ranging claims (...) by indigenous peoples; republicanism; and assertions of national, popular, and sectional sovereignty.This book explores the development of constitutional thinking in Australia, Canada, and New Zealand from early domination by Imperial ideas, through the adoption of the Statute of Westminster and the contemplation of severing Imperial connections, to irreversible acquisition of constitutional independence in the 1980s. This book focusses primarily on sovereignty and the legal system, concepts which are also central to contemporary constitutional theory in Europe and the United States. The book closes with an evaluation of recent varied and often contradictory accounts of the constitutional foundations of Australia, Canada, and New Zealand, which depict a wide range of scenarios: from constitutional continuity and respect for the rule of law, to popular sovereignty and disguised revolution. Oliver argues that explanations of constitutional independence are characterized by their reliance on independent, country-specific constitutional thinking that evolved over the last century. on. (shrink)

The U.S. Constitution provides a framework for our laws, but what does it have to say about morality? Paul DeHart ferrets out that document’s implicit moral assumptions as he revisits the notion that constitutions are more than merely practical institutional arrangements. In _Uncovering the Constitution’s Moral Design_, he seeks to reveal, elaborate, and then evaluate the Constitution’s normative framework to determine whether it is philosophically sound—and whether it makes moral assumptions that correspond to reality. Rejecting the standard (...) approach of the intellectual historian, DeHart for the first time in constitutional theory applies the method of inference to the best explanation to ascertaining our Constitution’s moral meaning. He distinguishes the Constitution’s intention from the subjective intentions of the framers, teasing out presuppositions that the document makes about the nature of sovereignty, the common good, natural law, and natural rights. He then argues that the Constitution constrains popular sovereignty in a way that entails a real common good, transcendent of human willing and promotive of human well-being, but he points out that while the Constitution presupposes a real common good, it also implies a natural law that prescribes the common good. In critiquing previous attempts at describing and evaluating the Constitution’s normative framework, DeHart demonstrates that the Constitution’s moral framework corresponds largely to classical moral theory. He challenges the logical coherency of modern moral philosophy, normative positivism, and other theories that the Constitution has been argued to embody and offers a groundbreaking methodology that can be applied to uncovering the normative framework of other constitutions as well. This cogently argued study shows that the Constitution presupposes a natural law to which human law must conform, and it takes a major step in resolving current debates over the Constitution’s normative framework while remaining detached from the social issues that divide today’s political arena. _Uncovering the Constitution’s Moral Design_ is an original approach to the Constitution that marks a significant contribution to understanding the moral underpinnings of our form of government. (shrink)

This paper analyzes the transformation from the human zygote to the implanted embryo under the prism of substantial change. After a brief introduction, it vindicates the Aristotelian ideas of substance and accident, and those of substantial and accidental change. It then claims that the transformation from the multicelled zygote to the implanted embryo amounts to a substantial change. Pushing further, it contends that this substantial change cannot be explained following patterns of genetic reductionism, emergence, and self-organization, and proposes Gustavo Bueno’s (...) idea of anamorphosis as a means to encapsulate criticism against such positions. (shrink)

In this paper, I present the difficulty in the phenomenology of explaining the constitution of objectivities in consciousness. In the context of phenomenological reduction, constitution has to be understood as unveiling the universal and necessary essences. Recognized by Husserl in Ideas I and named as functional problems, the constitution of objectivities refers at first to individual consciousness, and then to an intersubjective one. In Ideas II, the phenomenologist explains how the constitution of nature, psyche, and spirit (...) occurs. This process begins by assuming three premises: the ontological realism, the regularity of nature, and the transcendental idealism. In this process, the ego, apart from constituting objects (the body, the psyche, and the others), constitutes itself. The objects of material reality are constituted through aesthetic synthesis which unifies singularities and contextualizes the lived experience. The body, as a perceptive organ, perceives the exterior, and the location of the sensory stimulus is the soul. The soul is a real and transcendent object, which is linked to physical things that are constituted in a solipsistic way or intersubjectively. Empathy allows the subject to recognize the consciousness of the alter ego as capable of spontaneous movements and actions, a co-presence sharing the same horizons. Thus, through the theoretical attitude, the physical world is perceived, and through the spiritual attitude the spiritual world is perceived, a living world shared by free intelligent beings. For this, intersubjectivity fulfills a fundamental role, because only in the relationship with the other does the identity of the objects, of the other, and of the self become evident. (shrink)

Christine M. Korsgaard is one of today's leading moral philosophers: this volume collects ten influential papers by her on practical reason and moral psychology ...

Résumé David Chalmers maintient que la réalité virtuelle est une véritable réalité. Une version de ce « réalisme virtuel » affirme que les entités virtuelles dépendent ontologiquement d'entités numériques réelles. Nous explorons ici cette suggestion, en proposant un nouveau modèle pour décrire la dépendance du virtuel à l’égard du numérique. En nous appuyant sur la théorie de la constitution de Lynne Rudder Baker, nous défendons que les objets virtuels sont constitués par des objets numériques, lorsque ceux-ci se trouvent dans (...) certaines circonstances favorables. Nous explorons les motivations et les implications de cette approche, que nous considérons comme une forme prometteuse de réalisme virtuel. (shrink)

According to philosophers such as McDowell and Brewer, the contents of perceptual experience are conceptual. This view came to be known as Conceptualism. However, a number of critics have argued that they are wrong in thinking this, for they claim that there is an argument, the so-called Fineness of Grain Argument, which is valid and sound, and has as its consequence the falsity of Conceptualism. Although McDowell and Brewer seem to acknowledge that the Fineness of Grain Argument, if valid and (...) sound, has as its consequence the falsity of Conceptualism, they have ways of answering to the argument. In this paper, I will grant the proponents of Conceptualism that one of their ways of answering to the Fineness of Grain Argument is successful, and that the argument can be blocked. But I will argue that, even if this is the case, we have good reasons to think that Conceptualism is false. For there is another argument, that I will call the Constitution Argument, that has as its conclusion the falsity of Conceptualism. I show that the Constitution Argument is valid and sound, in which case we have good reasons to think that Conceptualism is false. (shrink)

In “Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory,” I propose that stereotyping someone—even if you manage to keep your thoughts hidden and don’t act on them—can constitute a form of discrimination (2021b). What, Alex Madva asks, are the practical implications of this claim? Even if I am correct that stereotyping constitutes a form of discriminatory treatment, it’s still possible that people should keep on speaking and acting as if “discrimination” refers exclusively to behaviors and policies. He invites me to (...) explore the “potential payoffs and perils” of referring to thoughts and perceptions as discriminatory, especially as they relate to legal practice and social-scientific inquiry (2021, 46). (shrink)

The aim of this paper is to offer a broad characterization of the kind of account that I believe cannot plausibly face conclusively the problem of the ethics of immigration restrictions in a non-ideal world at the level of the constitutional essentials. I argue that justice-based accounts of immigration controls fail to normatively evaluate what immigration controls do to outsiders subjected to them in non-ideal conditions, so judgments of justice by themselves tend to be overall bad for the interest of (...) immigrants. I explain this by insisting that a prior question about the legitimacy of immigration controls have been overlooked by familiar accounts. A full account of the ethics of immigration suitable for guiding constitutional essentials should be able to connect distinct kinds of justice-based evaluations in order to ask both, what legitimacy requires from territorial institutional control as well as what justice requires from immigration policy. (shrink)

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

1891. The recovered manuscript of Aristotle's Constitutional History of Athens, now for the first time given to the world from the unique text in the British...

Hadley Arkes argues that it is necessary to move "beyond the Constitution", to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.

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

This book addresses the problem of how to make democratically-legitimate public policy on issues of contentious bioethical debate. It focuses on ethical contests about research and their legitimate resolution, while addressing questions of political legitimacy. How should states make public policy on issues where there is ethical disagreement, not only about appropriate outcomes, but even what values are at stake? What constitutes justified, democratic policy in such conflicted domains? Case studies from Canada and Australia demonstrate that two countries sharing historical (...) and institutional characteristics can reach different policy responses. This book is of interest to policymakers, bioethicists, and philosophers, and will deepen our understanding of the interactions between large-scale socio-political forces and detailed policy problems in bioethics. (shrink)

Two important philosophical questions about assertion concern its nature and normativity. This article defends the optimism about the constitutive norm account of assertion and sets out a constitutivity thesis that is much more modest than that proposed by Timothy Williamson. It starts by looking at the extant objections to Williamson’s Knowledge Account of Assertion and argues that they fail to hit their target in virtue of imposing implausible conditions on engaging in norm-constituted activities. Second, it makes a similar proposal and (...) shows how it does better than the competition. It suggests that Knowledge Norm of Assertion is not constitutive of the speech act of assertion in the same way in which rules of games are constitutive, and thus KAA comes out as too strong. The final section embarks on a rescue mission on behalf of KAA; it puts forth a weaker, functionalist constitutivity thesis. On this view, KNA is etiologically constitutively associated with the speech act of assertion, in virtue of its function of generating knowledge in hearers. (shrink)

The modem rationalist tradition initiated by Descartes has as one of its central tenets the independence of the human understanding from the senses. Regardless of the different ways in which independence from experience is understood, there is much common ground among the modem views on the a priori. Yet Kant, culminating this tradition, introduces an entirely new conception of the a priori never before articulated in the history of philosophy. This is the notion of elements in knowledge which are independent (...) of experience but nevertheless closely connected, in a special way, with experience.Although for Kant the a priori has a privileged position in the structure of knowledge - as it has for other modem rationalist philosophers - one of the most striking, and often neglected, aspect of his conception of the a priori is the great extent to which it is opposed to foundationalism. (shrink)

In these three lectures, Cavell situates Emerson at an intersection of three crossroads: a place where both philosophy and literature pass; where the two traditions of English and German philosophy shun one another; where the cultures of America and Europe unsettle one another. "Cavell’s ’readings’ of Wittgenstein and Heidegger and Emerson and other thinkers surely deepen our understanding of them, but they do much more: they offer a vision of what life can be and what culture can mean.... These profound (...) lectures are a wonderful place to make [Cavell’s] acquaintance."—Hilary Putnam. (shrink)

A traditional argument based on Leibniz’s Law concludes that, for example, a statue and the piece of marble of which it is made are two different objects. This is because they have different properties: the statue can survive the loss of some of its parts but the piece of marble cannot. Lynne Rudder Baker adds that the piece of marble constitutes the statue. In this paper I focus on what I think is the most powerful objection to Baker’s account of (...) the constitution relation, which has to do with her notion of circumstances. I present the objection following Derk Pereboom’s formulation and, afterwards, I analyse Baker’s answers to the criticism. I conclude that they make her overall project less attractive. Finally, I propose a new answer to the criticism. This will suppose a new formulation of the constitution relation, albeit done in the spirit of Baker’s account. (shrink)

Scholars strive, in their treatment of Stein’s work, to express both a phenomenological concept of the human person, characterized by conscious and free spiritual activity, and a metaphysical concept of the person, seen as an individual essence unfolding throughout life. In Stein’s work, the two concepts are not simply juxtaposed, nor is there a shift from one to the other. Stein integrates her phenomenological research into a metaphysical framework. In the present contribution, I endeavor to show that Stein’s interpretation of (...) Husserl’s concept of constitution focuses on the question of whether this constitution is to be understood realistically or idealistically and on the question of the constituting subject. I shall argue that Stein’s interpretation of constitution is closely linked to the lived experience she calls already in her early writings “self-discovery” and “awakening.”. (shrink)

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

In Buchanan’s broad “constitutional contractarian” framework ultimate justification depends on the institutional arrangements under assessment being universally accepted. Accordingly, market arrangements have the same status as in-period collective decision-making rules: both equally hang or fall on whether they emerged from constitutional consensus. The paper underlines this ‘equivalence’ by showing that the constitutional calculus over market ‘rights’ follows the same analytic structure as the derivation of in-period collective decision rules. This means that Buchanan’s view of the virtues of markets is essentially (...) rooted in a collective decision and despite his self-professed “classical liberal” inclinations, his relation to standard defences of the market order is at best equivocal. (shrink)

Practices – specific, recurrent types of human action and activity – are perhaps the most fundamental "building blocks" of social reality. This book argues that the detailed empirical study of practices is essential to effective social-scientific inquiry. It develops a philosophical infrastructure for understanding human practices, and argues that practice theory should be the analytical centrepiece of social theory and the philosophy of the social sciences. -/- What would social scientists’ research look like if they took these insights seriously? To (...) answer this question, the book offers an analytical framework to guide empirical research on practices in different times and places. The author explores how practices can be identified, characterised and explained, how they function in concrete contexts and how they might change over time and space. -/- The Constitution of Social Practices lies at the intersection of philosophy, social theory, cultural theory and the social sciences. It is essential reading for scholars in social theory and the philosophy of social science, as well as the broad range of researchers and students across the social sciences and humanities whose work stands to benefit from serious consideration of practices. (shrink)

Omissions are metaphysically puzzling: Are they something or are they nothing? This paper develops and defends the constitution view of omissions, according to which a correct analysis of a person’s omission has the form “S omitted to X by Y-ing,” where her Y-ing is what constitutes her not-X-ing. The paper explains why the constitution view should be preferred to other views of omissions and defends the view against objections.

One of the most influential arguments against the possibility of drawing a principled fact-convention distinction consists in the insight that because our beliefs are necessarily evaluated together, any statement can be retained or given up in the face of experience. The purpose of this paper is to establish that this argument does not undermine Poincaré s conventionalism in virtue of the fact that this doctrine does not simply amount to the claim that there are principles that are immune to revision. (...) It will be argued that Poincaré’s most important insight into the structure of theoretical knowledge is that there exist principles that cannot be empirically tested because they make possible the application of theoretical terms to experience. (shrink)

Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts (...) and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part of the power structure of society, and a major means by which power is exercised. This argument is illustrated by considering institutions such as property and the firm. Complex systems of law have played a crucial role in capitalist development and are also vital for developing economies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 36.2 (2003) 119-134 [Access article in PDF] The Constitution of Rhetoric's Tradition Maurice Charland Rhetoric is not a discipline. That is to say, as a domain of theoretical and practical knowledge, rhetoric is weakly institutionalized, lacking a centralized arbiter and standardized set of procedures for establishing truth claims. It also lacks the basic characteristics that Michel Foucault defines as disciplinary, for while we can identify (...) "groups of objects, methods, their corpus of properties considered to be true, the interplay of rules and definitions, of techniques and tools," these are neither universally admitted, nor do they "constitute a sort of anonymous system, freely available to whoever wishes, or whoever is able to make use of them, without their being any question of their meaning" (1972, 222). On the contrary, despite the fact that rhetoric is usually figured as offering practical and, indeed, positive knowledge, the meaning of its terms is always being questioned and at stake. While we might, by considering terms loosely, seek to identify rhetoric in terms of objects such as "persuasion," or "discourse," these are not exclusively its province. Furthermore, the ends of rhetoric are themselves unclear. Is rhetoric really the art of discovering the available means of persuasion? Or is it an art of citizenship? Or a method of enquiry? It has at times been defined as each. Consequently, none of these methods can fix its identity. At most, we can say that "rhetoric," as a domain of knowledge, signals a commitment to the idea of agency in discourse.Rhetoric, while not disciplinary, nevertheless "hangs together" as a domain of knowledge even though it does not cohere conceptually. It is, or comes close to being, a "discursive formation." That is to say, we can identify a field that produces statements concerning discourse and its operations, which is characterized by certain regularities that articulate with the term rhetoric itself. The first such regularity is the gesture of negation. Rhetoric refuses philosophy (or acts out having been refused by philosophy). [End Page 119] Rhetoric further is defined against other intellectual genres: rhetoric is not poetics, is not political science, is not ethics, though it may "speak" to them. Ultimately, though, this tells us very little about the nature of rhetoric's difference, for while refusal is effective in positing the existence of a boundary between rhetoric and other domains, the location of that boundary and what it contains remains unspecified. Rhetoric must also be attributed an at least provisional sense. This is accomplished by rhetoric's second gesture, which initially appears more substantial. Rhetoric is framed in terms of the positivity of a foundational "tradition." Indeed, the gesture toward tradition is ubiquitous. Consider, for example, both the title and principles of organization of Patricia Bizzell and Bruce Herzberg's (1990) anthology, George Kennedy's (1998) recursion to the idea of "tradition" even as he attempts to present rhetoric as a natural and cross-cultural phenomenon, recent feminist works that explicitly address "the tradition," 1 the routine citation of Classical authorities and examples, the recurrence of "new" rhetorics, including Burke's dramatism, Perelman's theory of argumentation, as well as Barthes' semiotics, which are offered as supplements to tradition's lacks, and, finally, the energy devoted to the study of the history of rhetoric. The rhetorical tradition, as something bequeathed or put in play by ancient teachers, appears to offer rhetoric a substance, a literature, and a set of problems, particularly through variants of two other principles of discursive formation identified by Foucault, commentary and the author-function. Even so, the gesture toward tradition does not imply the existence of a historically rooted and fixed corpus or model: "Tradition" is a vague term, there is no unproblematic canon of texts to be commented upon, and tradition itself, rather than Aristotle, Plato, or Cicero, stands as "author." What we debate is the meaning of the "tradition," the uneasy relationship between Socrates and Sophists, Plato and Aristotle, but as positions rather than personae. Furthermore, in the name of rhetoric, ancient and modern texts are often read against the grain, and what is... (shrink)