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 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)

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)

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)

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 lieu of an abstract, here is a brief excerpt of the content:THE STATUS AND FUNCTION OF DIVINE SIMPLENESS IN SUMMA THEOLOGIAE Ia, qq. 2-13 PETER BURNS, S.J. l esuit School of Theology Berkeley, California Introduction I N THE FIRST PART of what follows I hope to do four things: a) to give a brief summary of Aquinas's remarks contained in the third question of the first part of the Summa Theologiae, entitled de Dei simplicitate; b) to outline (...) two diferent ways of interpreting what Aquinas is about when making those remarks; c) to assess which interpretation is better from an exegetical standpoint; d) to assess which interpretation is better from a philosophical standpoint. In the second part my aim will be threefold : a) to trace the way Aquinas derives and uses the concept of divine simpleness in questions 2 through 11 ; b) to examine briefly the relationship between this concept and possible cosmological arguments for the existence of God; and c) to evaluate critically some modern treatments of arguments of the cosmological type in the light of this relationship. I shall not be concerned to show that Aquinas's conclusions in question 2 (the Five Ways) are justified by the arguments he adduces; rather, my concern will be to show that an adequate evaluation of his arguments cannot ignore the function of divine simpleness as a key element therein. I. The Status Of Divinle Simpleness (1) A Summary of S.T. la, 3 At the beginning of question 3 Aquinas lists eight points of inquiry. The first is whether God is a body, that is, composed 1 2 PETER BURNS, S.J. of extended parts. He offers three reasons why he thinks the reply must be negative. Firstly, an unchanging first cause of change, which God is (by la, 2, 3) would appear not to be bodily, since experience offers no examples of bodies causing change without themselves changing. Secondly, to be extended in space implies the potentiality of being divisible, but a primary reality is utterly actual, since absolutely speaking, actuality precedes po~ tentiality, and God is the primary reality. Thirdly, since the soul is nobler than inanimate things, and God is the most excellent of beings, God cannot be any less noble than the soul. But the soul in itself is not bodily but that in virtue of which bodies are what they are. In the next article Aquinas denies that God is composed of matter and form because matter is potential and only exists by participating in some form. In addition, since agents act in virtue of their form, God, as the prime source of activity and being in no way potential, must be considered as being essentially form without composition with matter, Aquinas then asks whether God can be identified with his own essence or nature. Given that matter is the individuating factor in beings composed of matter and form, and that such composition is ruled out in case of God, Aquinas claims that the distinctness of his being must be due to form. Hence God is his own form or nature or essence. In a crucial move in the next article Aquinas identifies God, who is his essence, with his existence, for as an uncaused necessary reality this essence must be self-subsistent. Thus God's nature or essence is necessarily self-instantiating, nor does God participate in existence, but essentially is identical with (the act of) 'existing', Therefore the distinction between essence and existence, between what something is and that it is, does not hold for God. Having daimed that God is his own existence, Aquinas argues that this existence is prior to genus in general and to the genus of substance specifically. So there is no possibility of distinguishing in God genus and difference, nor can God receive predicates as a substance, since this would imply potentiality. Therefore God is DIVINE SIMPLENESS IN SUMMA THEOLOGIAE 3 not composed of substance and accidents. In article 7, Aquinas claims that God is altogether simple. After summing up the previous remarks he makes two general points. Everything composite is subsequent to and dependent on its components, whereas God is the first, uncaused necessary being. Secondly, everything composite is caused, for essentially diverse elements must... (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)

For a long time, researchers of Artificial Intelligence (AI) and futurists have hypothesized that the developed Artificial General Intelligence (AGI) systems can execute intellectual and behavioral tasks similar to human beings. However, there are two possible concerns regarding the emergence of AGI systems and their moral status, namely: 1) is it possible to grant moral status to the AGI-enabled robots similar to humans? 2) if it is (im)possible, then under what conditions do such robots (fail to) achieve moral (...) status similar to humans? To examine the possibilities, the present study puts forward a functionality argument, which claims that if a human being and an AGI-enabled robot have similar functionality, but different creative processes, they may have similar moral status. Furthermore, the functionality argument asserts that an entity’s (a human being or an AGI-enabled robot) creation/production from carbon or silicon or its brain’s utilization of neurotransmitters or semiconductors does not carry any significance. Rather, if both entities have similar functionality, they may have similar moral status, which implies that the AGI-enabled robot may achieve human-like moral status if it performs human-like functions. (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.

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)

The forms of status quo critique that current approaches to realist political theory enable are unsatisfactory. They either formulate standards of constructive critique, but remain uncritical of a great range of political situations, or they offer means for criticising basically all political situations, but neglect constructive critique. As part of the endeavour to develop a status quo critique that is potentially radical and constructive, realists might consider possibilities to use non-standard social practices – social practices that function (...) differently than stipulated by existing political forms – as resources for critique. The article shows how the capacity of non-standard social practices to serve as resources for critique might be exploited. It also defends the proposed procedure against the likely objection that it relies on moralist argumentation. The evaluation of the status quo and the selection of social practices need normative argumentation, but such argumentation can be grounded in the actual to an extent that safeguards its realist nature. (shrink)

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)

Myanmar has recently surfaced from total military rule and efforts at conducting research to enhance the health of the population has increased during the recent democratization process, both from the military and civil sectors as well as support from international agencies. International guidelines mandate that such research requires prior ethics review in accordance with international standards. Previous commentators have expressed concerns, however, regarding the degree of adequate training in research ethics for investigators, the optimal functioning of Research Ethics Committees, and (...) the extent of responsible conduct in research in low and middle-income countries. Such concerns might also be applicable to Myanmar, especially since it has recently emerged from a long period of military rule where there has been lack of basic freedoms and human rights abuses. We herein review the current gaps in research ethics capacity in Myanmar, the status of the existing RECs and the current efforts to establish training programs to enhance capacity in research ethics. (shrink)

This article discusses the moral philosophical problem of recognizing the moral status of an entity from a sociological perspective. The problem of moral status is of direct practical relevance. It is not only a question in moral philosophy but also in the social practices of modern societies whether embryos, newborns, comatose patients or those suffering from dementia should have full moral status or not. Since it is a question of practical relevance it seems appropriate to me to (...) discuss it from the standpoint of a theory of society. I develop my sociological perspective based on the social theory of the co-world , into which I will integrate the theory of functional differentiation . This theoretical perspective in combination with preliminary empirical results leads to the hypothesis that it is a functional element of modern societies that they draw the borders between entities who have full moral status and other beings along the lines of the criterion: living human being. A criterion demanding the exacting quality of displaying at the time in question the properties associated with personhood would be dysfunctional for a modern society. This result requires that Luhmann′s theory of human dignity has to be revised implementing a sociological theory of society′s perspective. (shrink)

Differences in socioeconomic status (SES) correlate both with differences in cognitive development and in brain structure. Associations between SES and brain measures such as cortical surface area and cortical thickness mediate differences in cognitive skills such as executive function and language. However, causal accounts that link SES, brain, and behavior are challenging because SES is a multidimensional construct: correlated environmental factors, such as family income and parental education, are only distal markers for proximal causal pathways. Moreover, the causal (...) accounts themselves must span multiple levels of description, employ a developmental perspective, and integrate genetic effects on individual differences. Nevertheless, causal accounts have the potential to inform policy and guide interventions to reduce gaps in developmental outcomes. In this article, we review the range of empirical data to be integrated in causal accounts of developmental effects on the brain and cognition associated with variation in SES. We take the specific example of language development and evaluate the potential of a multiscale computational model of development, based on an artificial neural network, to support the construction of causal accounts. We show how, with bridging assumptions that link properties of network structure to magnetic resonance imaging (MRI) measures of brain structure, different sets of empirical data on SES effects can be connected. We use the model to contrast two possible causal pathways for environmental influences that are associated with SES: differences in prenatal brain development and differences in postnatal cognitive stimulation. We then use the model to explore the implications of each pathway for the potential to intervene to reduce gaps in developmental outcomes. The model points to the cumulative effects of social disadvantage on multiple pathways as the source of the poorest response to interventions. Overall, we highlight the importance of implemented models to test competing accounts of environmental influences on individual differences. (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)

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)

Obviously, subject is what is said, style is how. A little less obviously, that formula is full of faults. Architecture and nonobjective painting and most of music have no subject. Their style cannot be a matter of how they say something, for they do not literally say anything; they do other things, they mean in other ways. Although most literary works say something, they usually do other things, too; and some of the ways they do some of these things are (...) aspects of style. Moreover, the what of one sort of doing may be part of the how of another. Indeed, even where the only function in question is saying, we shall have to recognize that some notable features of style are features of the matter rather than the manner of the saying. In more ways than one, subject is involved in style. For this and other reasons, I cannot subscribe to the received opinion that style depends upon an artist's conscious choice among alternatives. And I think we shall also have to recognize that not all differences in ways of writing or painting or composing or performing are differences in style. Nelson Goodman, professor of philosophy at Harvard University, has written The Structure of Appearance; Fact, Fiction and Forecast; Languages of Art: An Approach to a Theory of Symbols; Problems and Projects; and numerous articles. Logic and Art: Essays in Honor of Nelson Goodman was published in 1972. His contributions to Critical Inquiry include "Metaphor as Moonlighting" , "Twisted Tales; or, Story, Study, and Symphony" , and "The Telling and the Told". (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)

Interdisciplinary hospital ethics committees have been the most common response to the mandates for ethical review procedures set forth by the Joint Commission for the Accreditation of Health Care Organizations, the American Hospital Association, and within institutions themselves. A 1989 national survey reported that 60% of hospitals had ethics committees. However, little is still known about the current state of these committees in hospitals, their composition, what functions are performed, or what issues are discussed.

Preferences play a role in well-being that is difficult to escape, but whatever authority one grants to preferences, their malleability seems to cause problems for any theory of well-being that employs them. Most importantly, preferences appear to display a status-quo bias: people come to prefer what they are likely rather than unlikely to get. I try to do two things here. The first is to provide a more precise characterization of the status-quo bias, how it functions, and how (...) it infects commonly accepted theories of well-being. The second is to give an alternative characterization of an agent's preferences that succeeds in avoiding the status-quo bias. (shrink)