The standard reply to the critique that narrative theories of the self are either chauvinistic or trivial is to “go implicit”. Implicit narratives, it is argued, are necessary for diachronically structured self-experience, but do not require that such narratives should be wholly articulable life stories. In this paper I argue that the standard approach, which puts forward a phenomenological conception of implicit narratives, is ultimately unable to get out of the clutches of the dilemma. In its place, I offer an (...) alternative approach that does avoid the dilemma, by construing implicit narrativity as an enabling condition for experiences, rather than as something that is itself present in experience. According to this constitutive account, the coherence and intelligibility of our experiences is due to the fact that they are anchored in a larger, diachronic context. This context, I argue, takes a fundamentally embodied and narrative dimension. (shrink)

ABSTRACT: There are some problems with Lynne Baker’s constitution account of personal identity that become evident when we consider brain transplant thought experiments and two kinds of rare cases of conjoined twins — the first appears to be one organism but two persons and the second seems to involve two organisms associated with one person. To handle the problems arising from brain transplants, the constitution theorist must admit an additional level of constitution between the organism and the (...) person. To resolve the problems posed by the two kinds of conjoined twins, the constitution theorist must accept that constitution is not always a one-to-one relationship. RESUME: La théorie constitutionnelle de l’identité personnelle de Lynne Baker soulève certains problèmes qui deviennent évidents lorsque l’on considère des expériences de pensée sur des transplantations de cerveaux et deux genres de cas rares de jumeaux conjoints — du premier cas paraît s’ensuivre qu’il y a deux personnes pour un seul organisme alors que du deuxième découle qu’une seule personne existe dans deux organismes. Afin d’expliquer les problèmes qui surviennent avec les transplantations de cerveaux, le théoricien de la constitution doit admettre un niveau de constitution intermédiaire entre l’organisme et la personne. Pour résoudre les problèmes que posent les cas de jumeaux conjoints, le théoricien de la constitution doit accepter que la relation de constitution ne se réalise pas toujours entre deux termes. (shrink)

The requirements of rationality are fundamental in practical and theoretical philosophy. Nonetheless, there exists no correct account of what constitutes rational requirements. This paper attempts to provide a correct constitutive account of ‘rationality requires’. I argue that rational requirements are grounded in ‘necessary explanations of subjective incoherence’, as I shall put it. Rationality requires of you to X if and only if your rational capacities, in conjunction with the fact that you not-X, explain necessarily why you have a non-maximal degree (...) of subjective coherence. (shrink)

Christian List and Philip Pettit develop an account of group agency which is based on a functional understanding of agency. They claim that understanding organizations such as commercial corporations, governments, political parties, churches, universities as group agents helps us to a better understanding of the normative status and working of those organizations. List and Pettit, however, fail to provide a unified account of group agency since they do not show how the functional side of agency and the normative side of (...) agency are connected. My claim is that a constitutive account of agency helps us to a proper understanding of group agency since it ties the functional part of acting to the group agent’s self-understanding and its commitment to specific norms, principles and values. A constitutive model of agency meets much better what List and Pettit seek to accomplish, namely conceiving of group agents as artificial persons, constituted by normative principles and entertaining normative relations to others to whom they are accountable. (shrink)

In this paper, I propose a new way of understanding the space of possibilities in the field of mental content. The resulting map assigns separate locations to theories of content that have generally been lumped together on the more traditional map. Conversely, it clusters together some theories of content that have typically been regarded as occupying opposite poles. I make my points concrete by developing a taxonomy of theories of mental content, but the main points of the paper concern not (...) merely how to classify, but how to understand, the theories. Also, though the paper takes theories of mental content as a case study, much of the discussion is applicable to theories of other phenomena. To a first approximation, the difference between the traditional and the proposed taxonomies turns on whether we classify theories of content by, on the one hand, their implications for a non-redundant supervenience base for content facts (i.e., for facts about what contents thoughts have) or, on the other, by their constitutive accounts of content. By a "constitutive account," I mean the kind of elucidation of the nature of a phenomenon that theorists have tried to give for, for example, knowledge, justice, personal identity, consciousness, convention, heat, and limit. The tendency to taxonomize by supervenience base is encouraged, I suggest, by a failure to keep clearly in view a distinction between constitutive and modal determination. Many philosophers would accept that a constitutive account cannot be captured in purely modal terms. Giving a constitutive account is not the same as specifying modally necessary and sufficient conditions. Nevertheless, philosophers often try to cash constitutive claims in modal terms. A case in point is that theories of content tend to be conceptualized in terms of the theories' implications for a supervenience base for content facts. My thesis goes beyond the by-now somewhat familiar proposition that not all modal determinants of a phenomenon are constitutive determinants. One who has taken that point on board might nevertheless conceive of a philosophical account as an attempt to specify constitutive determinants of the target phenomenon that make up a non-redundant supervenience base for the phenomenon. Shoehorning a philosophical account into this form leaves out elements that are modally redundant, but may be explanatorily or ontologically significant. For example, when a constitutive account has multiple levels, the different levels will typically be modally redundant. Formulating the account as a specification of a supervenience base of constitutive determinants will therefore flatten the account into a single level. Many of my arguments can be illustrated by considering the place of normativity in the theory of content. The new taxonomy gives a distinct niche to normative theories of content - theories that explain a thought's having a certain content at least in part in terms of the obtaining of normative facts. By contrast, on a traditional map, normative theories are invisible as such because normative facts supervene on non-normative ones. (shrink)

This paper will be concerned with the role acquaintance plays in contemporary theories of introspection. Traditionally, the relation of acquaintance has been conceived in analytic epistemology and philosophy of mind as being only epistemically relevant inasmuch as it causes, or enables, or justifies a peculiar kind of propositional knowledge, i.e., knowledge by acquaintance. However, in recent years a novel account of the role of acquaintance in our introspective knowledge has been offered. According to this novel constitutive approach, acquaintance is, in (...) itself, a sui generis—i.e., non-propositional—kind of knowledge. As we will suggest, a stalemate between David Chalmers’ account of direct phenomenal concepts—as a prototypical example of a causal view—and Anna Giustina’s account of primitive introspection—as a prototypical example of a constitutive view—is looming in the current controversy between the two families of theories. Towards the end of the essay, we will point to some possible ways for a constitutive theorist to break the stalemate. (shrink)

Our aim is to provide an account of constitutive rules in terms of (1) the acceptance of regulative norms, and (2) a cognitive process we call “symbolization” (in an altogether different sense from what J. R. Searle means by this word). We claim, first, that institutional facts à la Searle boil down to facts concerning the collective acceptance of regulative norms in a given community. This, however, does not exhaust what institutional facts are. There is a residue, symbolization. Symbolization, as (...) we understand it, involves a transfer of cognitive models from one domain to another. We introduce this notion by exploring different sorts of games, taking our cue from games of pretend play. In the context of this exploration, we introduce the idea of the significance—a matter of degree—of symbolization for a given institutional concept. In particular, we claim, symbolization may play, vis‐à‐vis a given institutional concept, a properly constitutive or a merely auxiliary role. We further argue that, in most legal concepts as conceived in our legal culture, symbolization plays a merely auxiliary role. A possible exception is the concept of political representation, at least on some understandings of it. (shrink)

Can I be wrong about my own beliefs? More precisely: Can I falsely believe that I believe that p? I argue that the answer is negative. This runs against what many philosophers and psychologists have traditionally thought and still think. I use a rather new kind of argument, – one that is based on considerations about Moore's paradox. It shows that if one believes that one believes that p then one believes that p – even though one can believe that (...) p without believing that one believes that p. (shrink)

The paper makes a twofold contribution. Firstly, it advances a preliminary account of the conditions that need to obtain for constitutional rights to be democratic. Secondly, in so doing, it defends precommitment-based theories from a criticism raised by Jeremy Waldron—namely, that constitutional rights do not become any more democratic when they are democratically adopted, for the people could adopt undemocratic policies without such policies becoming democratic as a result. The paper shows that the reductio applies to political rights, yet not (...) to non-political rights, such as reproductive, environmental, or privacy rights. The democratic status of the former is process-independent. The latter, by contrast, are democratic precisely when they are adopted by democratic means. (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)

This commentary aims to discuss the article “Ordo-responsibility in the Sharing Economy: A Social Contracts Perspective” from a sympathetic viewpoint toward its implementation of a constitutional contractarian approach to business ethics and due consideration of digital platforms as institutions resulting from a social contract. Nevertheless, the commentary also wants to criticize the article’s interpretation of constitutional contractarian theory and institutional reconstruction of the phenomenon, and thus even the governance structure it is proposed for sharing platforms. The commentary presents another understanding (...) of constitutional contractarianism, referring to both the ex ante agreement and the ex post compliance problem. Moreover, it reframes the history of the evolutionary process of institutions’ selection within the domain of the sharing economy consistently with the idea that the Internet should be framed as a common pool resource. In this way, the commentary suggests an alternative governance structure for sharing platforms, that is, platform cooperatives. (shrink)

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

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)

An epistemic account of constitutive relevance lists the criteria by which scientists can identify the components of mechanisms in empirical practice. Three prominent claims from Craver form a promising basis for an account. First, constitutive relevance is established by means of interlevel experiments. Second, interlevel experiments are executions of interventions. Third, there is no interlevel causation between a mechanism and its components. Currently, no account on offer respects all three claims. I offer my causal situationist account of constitutive relevance that (...) respects the claims. By situating a part of a mechanism on the causal chain between the mechanism’s input and output, components can be identified with interventions, without the interventions suggesting interlevel causation. The causal situationist account is the only account on offer so far that clearly fits within Craver’s framework. (shrink)

Some Christian materialists have argued for the possibility of resurrection given that persons are constituted by bodies, and constitution is not identity. Baker's constitutionist view claims superiority over animalist alternatives but offers only circular accounts of both personal identity over time and personhood. Corcoran's alternative approaches these questions differently but makes use of Zimmerman's ‘Falling Elevator Model’ of resurrection, which is rendered incoherent by its reliance on contingent identity. A recent constitutionist revision of this model succeeds only in (...) exchanging incoherence for absurdity. Despite difficulties for such resurrection accounts, the idea of constitution as a sui generis relation remains attractive among philosophers and Christian materialists in particular. However, Wasserman's deflationary view combines with problems such as extensionality, indiscernibility and the explosion of reality to provide reason to worry that constitution might be just identity after all. If so, then the metaphysics of constitution cannot provide a convenient route between animalism and immaterialism when explaining the possibility of resurrection. (shrink)

This paper focuses on Jessica Wilson’s determinable-based account of metaphysical indeterminacy and its relationship to the concept of vague identity. The determinable-based account comprises a distinction between meta-level and object-level accounts of metaphysical indeterminacy. I first argue that the distinction cannot be clearly applied to some theories. In particular, I argue that even though Wilson categorizes the constitution account of metaphysical indeterminacy as a meta-level account, from one perspective it can be defensibly regarded as an object-level account, because (...) it is bound to posit genuinely indeterminate states of affairs and provides an explanation of boundary indeterminacy that is structurally analogous to the explanation provided by Wilson’s object-level account. This interim conclusion is important, because it has been argued that the constitution account, when applied to some more complex types of boundary indeterminacy, cannot avoid commitment to vague identity, in spite of the declarations of some of its proponents. The ultimate goal of this paper is to argue that, contrary to Wilson’s claims, the determinable-based account must embrace vague identity too. (shrink)

This paper targets the constitutive basis of social cognition. It begins by describing the traditional and still dominant cognitivist view. Cognitivism assumes internalism about the realisers of social cognition; thus, the embodied and embedded elements of intersubjective engagement are ruled out from playing anything but a basic causal role in an account of social cognition. It then goes on to advance and clarify an alternative to the cognitivist view; namely, an enactive account of social cognition. It does so first by (...) articulating a diachronic constitutive account for how embodied engagement can play a constitutive role in social cognition. It then proceeds to consider an objection; the causal-constitutive fallacy (Adams & Aizawa 2001, 2008; Block 2005) against enactive social cognition. The paper proceeds to deflate this objection by establishing that the distinction between constitution and causation is not co-extensive with the distinction between internal constitutive elements and external causal elements. It is then shown that there is a different reason for thinking that an enactive account of social cognition is problematic. We call this objection the ‘poverty of the interactional stimulus argument’. This objection turns on the role and characteristics of anticipation in enactive social cognition. It argues that anticipatory processes are mediated by an internally realised model or tacit theory (Carruthers 2015; Seth 2015). The final part of this paper dissolves this objection by arguing that it is possible to cast anticipatory processes as orchestrated as well as maintained by sensorimotor couplings between individuals in face-to-face interaction. (shrink)

Both group agents (for group agency theorists) and individual agents (for enactivists) are themselves constituted by agents. This raises a similar challenge for both group agency and enactivism, namely to explain the constitutive relationship between sub-agential agents and the agents themselves. In this paper, I propose an enactivist account of what constitutes collective action. I conclude that non-human processes—both natural and artificial—may be constitutive of group agents typically recognized as human. In particular, I argue that machine learning recommendation algorithms should (...) be recognized as constitutive of certain group agents on an enactivist account of what constitutes collective action. (shrink)

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

Whenever an object constitutes, makes up or composes another object, the objects in question share a striking number of properties. This paper is addressed to the question of what might account for the intimate relation and striking similarity between constitutionally related objects. According to my account, the similarities between constitutionally related objects are captured at least in part by means of a principle akin to that of strong supervenience. My paper addresses two main issues. First, I propose independently plausible principles (...) by means of which to delineate, in a non-ad-hoc, non-stipulative and non-circular fashion, those properties which can be expected to be shared among constitutionally related objects in virtue of their being so related from those which in general cannot be expected to be shared, or which are shared for other reasons. Secondly,I spell out in detail the nature of the supervenience-principle at work in this context. My account thus aims at isolating, in a methodologically responsible fashion, the particular sort of restricted indiscernibility principle which is a component of the constitution-relation. (shrink)

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation (...) and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or 'twilight' of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project 'The Role and Future of National Constitutions in European and Global Governance'. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia. (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)

RÉSUMÉ : Au sein de l’œuvre de Levinas, se trouve un exposé sur la subjectivité fondé sur son compte de temporalité. A cet égard, Levinas est comme de nombreux phénoménologues. Cependant, pour mieux le comprendre de cette façon, nous devons d’abord reconcevoir ce que Levinas veut dire par “l’éthique”, pour voir la continuité essentiel de ses comptes de subjectivité et temporalité. En comprenant les continuités, entre et à l’intérieur de son sujet moral et sa temporalité futurelle, nous sommes capables de (...) redéfinir l’ envergure et le moyen de la phénoménologie, afin de suffisamment juger l’influence de Levinas dans cette discipline. (shrink)

This paper discusses the constitution relation within the framework of the mechanistic approach to neurobiological explanation. It develops a regularity theory of constitution as an alternative to the manipulationist theory of constitution advocated by some of the proponents of the mechanistic approach. After the main problems of the manipulationist account of constitution have been reviewed, the regularity account is developed based on the notion of a minimal type relevance theory. A minimal type relevance theory expresses a (...) minimally necessary condition of a given type that consists of a disjunction of minimally sufficient conditions of that type. Afterwards, the attained definition is successfully applied in an analysis of the logical structure of the explanation of spatial learning and memory in rats as a paradigm neurobiological explanation. The overall result is a more robust and more precise version of the mechanistic approach to neurobiological explanations. (shrink)

Inspired by Heidegger’s concept of the clearing of being, and by Wittgenstein’s ideas on human practice, Theodore Schatzki offers a novel approach to understanding the constitution and transformation of social life. Key to the account he develops here is the context in which social life unfolds—the "site of the social"—as a contingent and constantly metamorphosing mesh of practices and material orders. Schatzki’s analysis reveals the advantages of this site ontology over the traditional individualist, holistic, and structuralist accounts that (...) have dominated social theory since the mid-nineteenth century. A special feature of the book is its development of the theoretical argument by sustained reference to two historical examples: the medicinal herb business of a Shaker village in the 1850s and contemporary day trading on the Nasdaq market. First focusing on the relative simplicity of Shaker life to illuminate basic ontological characteristics of the social site, Schatzki then uses the sharp contrast with the complex and dynamic practice of day trading to reveal what makes this approach useful as a general account of social existence. Along the way he provides new insights into many major issues in social theory, including the nature of social order, the significance of agency, the distinction between society and nature, the forms of social change, and how the social present affects its future. (shrink)

Constitutional interpretation is problematic because it can be difficult to distinguish legitimate interpretation from illegitimate change. The distinction depends largely on what a constitution is. A constitution, like any other law, necessarily has a meaning, which pre-exists judicial interpretation: it is not a set of meaningless marks on paper. Any plausible constitutional theory must offer an account of the nature of that meaning. In doing so, it must address two main questions. The first is whether the meaning of (...) the constitution is given solely by its words, or also by additional evidence of underlying intentions, purposes or values. The second question is whether, in either case, its meaning is determined by the original meanings, intentions, purposes or values of the founding generation, or by contemporary meanings, intentions, purposes or values. This question divides so-called 'originalists' from 'non-originalists'. This article discusses all these alternatives, and the main arguments for and against them. It is subtitled 'Originalism' because it defends a moderate version of that position; however, it is argued that this is equivalent to a moderate version of non-originalism. (shrink)

In this article I introduce constitutive norm accounts of assertion, and then give three arguments for giving up on the constitutive norm project. First I begin with an updated version of MacFarlane’s Boogling argument. My second argument is that the ‘overriding response’ that constitutive norm theorists offer to putative counterexamples is unpersuasive and dialectically risky. Third and finally, I suggest that constitutive norm theorists, in appealing to the analogy of games, actually undermine their case that they can make sense (...) of assertions that fail to follow their putative constitutive norm. These considerations, I suggest, together show that the constitutive norm project founders not because any single norm is not descriptively correct of our assertion practices, but rather, because giving a constitutive norm as the definition of assertion alone is insufficient. (shrink)

This article investigates account episodes in Italian family dinner conversations and illustrates how sequential patterns and participation are organized in terms of preferences indexical of moral ideology and moral order. Accounts have been mostly examined as speech acts abstracted from embedding sequential environment; this article shows that different design features of the priming move in account episodes retrospectively define different aspects of a situation as problematic and prospectively activate the relevance for distinctive remedial moves. On an ideological level, narrative (...) elicitations as priming moves and accounts as remedial moves index a moral perspective that promotes moral reasoning and thus the negotiation of norms. In addition, such moves realize a practice of morality that tends to be inquisitory vs condemnatory, offering the benefit of the doubt prior to guilt allocation. In conclusion, the discursive mechanics of accountability constitutes a medium for reproduction of, and innovation in, the moral order. (shrink)

The language of balancing is pervasive in constitutional rights jurisprudence around the world. In this book, Jacco Bomhoff offers a comparative and historical account of the origins and meanings of this talismanic form of language, and of the legal discourse to which it is central. Contemporary discussion has tended to see the increasing use of balancing as the manifestation of a globalization of constitutional law. This book is the first to argue that 'balancing' has always meant radically different things in (...) different settings. Bomhoff uses detailed case studies of early post-war US and German constitutional jurisprudence to show that the same unique language expresses both biting scepticism and profound faith in law and adjudication, and both deep pessimism and high aspirations for constitutional rights. An understanding of these radically different meanings is essential for any evaluation of the work of constitutional courts today. (shrink)

In his book on Liberalism against Populism , William Riker argued that Lincoln's success in the 1860 election was the culmination of a long progression of strategic attempts by the Whig coalition of commercial interests to defeat the `Jeffersonian-Jacksonian' Democratic coalition of agrarian populism. Riker adduced Lincoln's success to his `heresthetic' maneuver to force his competitor, Douglas, in the 1858 Illinois Senate race, to appear anti-slavery, thus splitting the Democratic Party in 1860. Riker also suggested that electoral preferences in 1860 (...) exhibited an underlying `chaotic' preference cycle. However, these accounts do not explain why the slavery question became paramount in 1858-60. I suggest here that US politics, from 1800 to 1858, can be interpreted in terms of a single land-capital axis that sustained the pre-eminence of an agrarian coalition, first created by Jefferson, of both slave interests and free labor. Lincoln's strategy in 1858-60 was to persuade free labor in the northern and western states that they were threatened by the consequences of the Dred Scott decision by the Supreme Court in 1857. Lincoln argued that although the decision applied to the territories, it was indicative of the intention of the South to extend slavery to the free states. Lincoln's speeches in 1858-60 made this threat credible to the North, and initiated a belief cascade among the electorate. For southern voters, the North consequently appeared to be a `tyrannical' majority, whose creation violated the constitutional logic of Union, and legitimated secession. I argue that this second `civil rights dimension, created in the election of 1860, is necessary for understanding critical elections that have occurred at irregular intervals in US political history. Key Words: constitutional transformation • belief cascade • contingency. (shrink)

According to many philosophical accounts, health is related to the functions and capacities of biological parts. But how do we decide what constitutes the health subject (that is, the bearer of health and disease states) and its biological parts whose functions are relevant for assessing its health? Current science, especially microbiome science, complicating the boundaries between organisms and their environments undermines any straightforward answer. This article explains why this question matters, delineates a few broad options, offers arguments against one (...) option, and draws some modest implications for philosophical accounts of human health. (shrink)

In his new book, Constitutional Essentials, Frank Michelman provides a splendid elaboration and defense of ‘the constitutional theory of political liberalism’ implicit in John Rawls’s classic work, Political Liberalism. In this essay, we make some observations about what a difference 30 years makes, comparing the political and constitutional climate in which Rawls wrote and published Political Liberalism in 1993 with the climate in which Michelman wrote and published this exegesis of it. We focus on (1) changes in our circumstances of (...) pluralism, including the accentuation of polarization and unreasonable views, and (2) the simultaneous breakdown of trust in the Supreme Court authoritatively to resolve disputes concerning constitutional essentials. Throughout, we acknowledge and seek to reckon with the possibility that Michelman may have given Rawls’s liberal principle of legitimacy its fullest, most coherent account just at the moment when the possibility of realizing it seems to be passing. (shrink)

Inter-level mechanistic explanations in the sciences have long been a focus of philosophical interest, but attention has recently turned to the compositional character of these explanations which work by explaining higher level entities, whether processes, individuals or properties, using the lower level entities they take to compose them. However, we still have no theoretical account of the constitution or parthood relations between individuals deployed in such explanations, nor any accounts of multiple constitution. My primary focus in this (...) paper is to outline a positive account of the constitution/part-whole relations between individuals posited in inter-level mechanistic explanations that takes constituents in the sciences to be ‘working parts’. Using this account, I then go on to illuminate the nature, and varieties, of multiple constitution that we find in the sciences and provide a starting theoretical framework for multiple constitution as well. (shrink)

Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a "constitutional moment" may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an (...) extended period. The "moment" may have been under way for decades-or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change. (shrink)

Several social metaphysicians have argued that groups are constituted by, but not identical to, their members. While the constitution view is promising, there are significant difficulties with existing versions of that view. Fortunately, lessons may be extracted from more traditional metaphysics and applied to the case of group agents. Drawing on such lessons, I present a novel account of the constitution relation holding between individuals and group agents. According to the resulting structural-constitution view, when individuals constitute a (...) group of a certain kind, they do so in virtue of exhibiting the structure characteristic of groups of that kind. (shrink)

Lynne Rudder Baker’s work was driven by commitments to quasi-naturalist materialism and the ontological distinctiveness of human persons. The incompatibility of these commitments is apparent in her constitution view. Baker's “Not-so-simple Simple View” of personal identity is inferior to the Simple View traditionally associated with substance dualism since CV’s underlying account of persons is vacuous. It also entails a dilemma: either indeterminate identity or the problem of the many. Finally, CV also fails to support Baker’s view that human persons (...) do not begin to exist prior to the acquisition of a capacity for conscious, intentional thought. (shrink)

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

This essay has two parts. In the first, Husserl's account of categorial forming and Schutz's account of common-sense constructs are used to sketch an interpretationist theory of culture. In the second part, the question is raised of whether that theory is adequate to account for cultural phenomena and the negative answer is supported with a sketch of the pre-conceptual constitution of intrinsic and extrinsic values and uses in valuational and volitional processes of secondary passivity. This stratum below thinking and (...) concepts is called "basic culture" and the full appreciation of this stratum is a counter to naturalism as well as the starting point for approaching problematics such as ethnicity, gender, and the environment in the perspective of the constitutive phenomenology of culture. (shrink)

In this article, I consider a curious blind spot in constitutional scholarship concerning the resurging rural/urban divide—a readily evident phenomenon closely associated with political resentment and anti-establishment sentiments—and how we may begin to address that challenge through creative constitutional designs. Specifically, I draw upon insights from comparative constitutionalism to discuss four main areas of constitutional law and theory that appear to hold some intellectual promise in this context: formal constitutional commitment at the national level to recognizing the urban/rural divide and (...) commitment to addressing it; creative electoral system designs that take into account the spatial dimension of politics; spatial pluralization based on concepts such as “mixed constitutions,” “community standards,” and “margin of appreciation”; and rethinking elements of equalization and fiscal federalism more generally. Taken together, the four directions I discuss here offer a repertoire of constitutional design possibilities that hold promise in mitigating the resurging rural/urban gulf. More generally, they serve as an invitation to constitutional thinkers to shake up the rather stagnant constitutional thought of spatial governance, and to think creatively about the ever-expanding urban/rural divide and its consequences for the theory and practice of 21st century constitutional democracy. (shrink)

Rejecting judicial supremacy in constitutional interpretation, this paper argues that understanding the interpretation of constitutions to be a solely legal and judicial undertaking excludes citizens from such activity. The paper proffers a two-pronged classification of analyses of constitutional interpretation. Implicit accounts discuss interpretation without reflecting on whether such activity can or should be performed by non-judicial institutions as well. Explicit accounts ask whether interpretation of constitutions is a matter to be dealt with by courts and answer affirmatively. I (...) criticise both camps. Implicit accounts fail to explain why constitutional interpretation is purely judicial in character. Explicit accounts do not provide enough reasons why the judiciary is allegedly the ideal institution to give constitutions meaning with final authority, both in instrumental and normative terms. The paper closes by suggesting avenues for future research. (shrink)

This article traces recent developments in European social theory and psychoanalysis on the theory of the human subject. Critically examining the recent psychoanalytic departures of Julia Kristeva and Jean Laplanche on the status of primary repression as a condition for the constitution of subjectivity, an analysis is presented of the state of the subject in its unconscious relational world. The article suggests ways in which the analyses set out by Kristeva and Laplanche can be further refined and developed, partly (...) through a reconsideration of the intertwining of unconscious representation and repression as developed in the writings of Cornelius Castoriadis, Thomas Ogden and others. For existing psychoanalytical accounts the article suggests we should substitute the concept of ‘rolling identification’, the psychical basis of the shift from self-referential representational activity to an elementary form of inter-subjectivity. Rolling identifications are defined as a representational flux that permits human subjects to create a relation to the self-as-object and pre-object relations. Such primal identification, the article suggests, operates through a ‘representational wrapping of self and others’. The article concludes with a consideration of the cultural significance of primary repression, and the politicization of identification. (shrink)

In this dissertation, I present a novel account of the components that have a peculiar epistemic role in our scientific inquiries, since they contribute to establishing a form of coordination. The issue of coordination is a classic epistemic problem concerning how we justify our use of abstract conceptual tools to represent concrete phenomena. For instance, how could we get to represent universal gravitation as a mathematical formula or temperature by means of a numerical scale? This problem is particularly pressing when (...) justification for using these abstract tools comes, in part or entirely, from knowledge which is not independent from them, thus leading to threats of circularity. Achieving coordination between some abstract conceptual tools and the concrete phenomena that they are supposed to represent is usually a complex process, which involves several epistemic components. Some of these components eventually provide stable conditions for applying those abstract representations to concrete phenomena. It is in this sense of providing certain conditions of applicability that different philosophical traditions, as well as some contemporary reappraisals, view these components as constitutive or a priori. In this work, I present a new gradualist, contextualist, and relational approach to understand these constitutive components of scientific inquiry. It is gradualist inasmuch as the degree to which some component is constitutive depends on three quantifiable features: quasi-axiomaticity, generative potential, and empirical shielding. Since the quantification of these three features impinges on the history and practice of using these components in a scientific context, my approach is a contextualist one. Finally, my approach is relational in a double sense: first, it identifies ordinal relationships among epistemic components with respect to their constitutive character; second, these relationships are relative to a scientific framework of inquiry. After introducing my account and a classic example of constitutively a priori principles, i.e., Friedman’s (2001) analysis of Newtonian mechanics, I turn to my own case studies to demonstrate the advantages of my approach. Firstly, I discuss Okasha’s (2018) view of endogenization as a pervasive theoretical strategy in evolutionary biology and suggest that the constitutive character of the core Darwinian principles progressively increases with endogenization. Secondly, I apply a conceptual distinction between two varieties or scopes of coordination – general coordination and coordination in measurement – to Ohm’s work on electrical conductivity. This distinction allows me to pinpoint to what extent components along different dimensions (e.g., instrumentation, measurement, theorising, etc.) were constitutive of the forms of coordination which Ohm relied on. Thirdly, I discuss the epistemic function of the Hardy-Weinberg principle in the history and practice of population genetics. I assess this principle in terms of my account and identify approximation and stability as two components that are highly constitutive, in that they contribute to justifying its use in population genetics. Finally, applying my account to these case studies enables me to identify at least three qualitatively different types of constitutive components: domain-specific theoretical principles, material components, and domain-independent assumptions underlying reasoning abilities. In the light of my results, I draw some general conclusions on epistemic justification and scientific knowledge. (shrink)

Buchanan’s approach to political economy is often characterized as rejecting romance in favour of realism: as taking feasibility seriously. But Buchanan provides no detailed account of his understanding of feasibility. This chapter discusses the idea of feasibility and its role at the constitutional, political and individual levels of Buchanan’s work, offers a reconstruction of Buchanan’s position on feasibility based on the idea of politics as exchange, and locates that position in the context of the more recent discussion of the concept (...) of feasibility in the political philosophy literature. (shrink)

Agency and identity -- Necessitation -- Acts and actions -- Aristotle and Kant -- Agency and practical identity -- The metaphysics of normativity -- Constitutive standards -- The constitution of life -- In defense of teleology -- The paradox of self-constitution -- Formal and substantive principles of reason -- Formal versus substantive -- Testing versus weighing -- Maximizing and prudence -- Practical reason and the unity of the will -- The empiricist account of normativity -- The rationalist account (...) of normativity -- Kant on the hypothetical imperative -- Against particularistic willing -- Deciding and predicting -- Autonomy and efficacy -- The function of action -- The possibility of agency -- Non-rational action -- Action -- Attribution -- The psychology of action -- Expulsion from the garden : the transition to humanity -- Instinct, emotion, intelligence, and reason -- The parts of the soul -- Inside or outside -- Pull yourself together -- The constitutional model -- Models of the soul -- The city and the soul -- Platonic virtues -- Justice : substantive, procedural, and platonic -- Kant and the constitutional model -- Defective action -- The problem of bad action -- Being governed by the wrong law -- Or five bad constitutions -- Conceptions of evil -- Degrees of action -- Integrity and interaction -- Deciding to be bad -- The ordinary cases -- Dealing with the disunified -- Kant's theory of interaction -- My reasons -- Deciding to treat someone as an end in himself -- Interacting with yourself -- How to be a person -- What's left of me? (shrink)

What remains as an ongoing project, Weeks contends, is creating a theory of the constitution of subjects to account for the processes of social construction. This book presents one such account.

The range and types of performance metrics has recently proliferated in academic settings, with bibliometric indicators being particularly visible examples. One field that has traditionally been hospitable towards such indicators is biomedicine. Here the relative merits of bibliometrics are widely discussed, with debates often portraying them as heroes or villains. Despite a plethora of controversies, one of the most widely used indicators in this field is said to be the Journal Impact Factor. In this article we argue that much of (...) the current debates around researchers’ uses of the JIF in biomedicine can be classed as ‘folk theories’: explanatory accounts told among a community that seldom get systematically checked. Such accounts rarely disclose how knowledge production itself becomes more-or-less consolidated around the JIF. Using ethnographic materials from different research sites in Dutch University Medical Centers, this article sheds new empirical and theoretical light on how performance metrics variously shape biomedical research on the ‘shop floor.’ Our detailed analysis underscores a need for further research into the constitutive effects of evaluative metrics. (shrink)