In this paper, I present a game-theoretic solution to the rule-following paradox in terms of what I will call basic constitutive practices. The structure of such a practice P constitutes what it is to take part in P by defining the correctness conditions of our most basic concepts as those actions that lie on the correlated equilibrium of P itself. Accordingly, an agent S meant addition by his use of the term ‘+’ because S is taking (...) part in a basic constitutive practice of adding where quus-like answers are ruled out by not lying on the equilibrium. The resulting picture of language will preserve the objectivity and correctness conditions of meaning, all the while providing room for the community as a whole to make a mistake. I also argue that by accepting the account presented, we have a strong reason to reject the idea that language is rule-governed. (shrink)

In this paper, I present a game-theoretic solution to the rule-following paradox in terms of what I will call basic constitutive practices. The structure of such a practice P constitutes what it is to take part in P by defining the correctness conditions of our most basic concepts as those actions that lie on the correlated equilibrium of P itself. Accordingly, an agent S meant addition by his use of the term ‘+’ because S is taking (...) part in a basic constitutive practice of adding where quus-like answers are ruled out by not lying on the equilibrium. The resulting picture of language will preserve the objectivity and correctness conditions of meaning, all the while providing room for the community as a whole to make a mistake. I also argue that by accepting the account presented, we have a strong reason to reject the idea that language is rule-governed. (shrink)

The first section takes up some main details of American constitutional history. At the end of that section and in section two, we concentrate on one constitutional doctrine in particular, judicial review. We argue that this doctrine rests, traditionally, on the foundational idea of a permanent tension between democratic institutions and basic rights. In section three, we deal with the problem just raised, by suggesting an alternative view of the relationship that exists between these fundamental constitutional elements. Here we (...) attempt to show that there is an essential principled harmony between basic constitutional rights and democratic majority rule. And we try to locate judicial review within this alternative conception. Then in section four and in the conclusion we discuss the institutional arrangements for the practice of judicial review in the light of this alternative conception. (shrink)

My dissertation, “Love, Self-Constitution, and Practical Necessity,” offers an interpretation of love between people. Love is puzzling because it appears to involve essentially both rational and non-rational phenomena. We are accountable to those we love, so love seems to participate in forms of necessity, commitment, and expectation, which are associated with morality. But non-rational attitudes—forms of desire, attraction, and feeling—are also central to love. Consequently, love is not obviously based in rationality or inclination. In contrast to views that attempt to (...) fit love into existing models of practical reasoning, I argue that love participates in a unique form of practical necessity, different from both moral and psychological necessity, yet bearing resemblances to each. Distinctive to this type of practical necessity is a direct appeal to another particular person that cannot be delivered in third-personal terms—that is, a non-moral yet normative type of expectation on another person. This type of expectation is predominant in loving relationships, but can also make better sense of the experiences of humor and beauty, as well as attitudes like forgiveness, gratitude, and agent-regret. I treat Immanuel Kant’s discussion of the experience of beauty in the Critique of Judgment and Christine Korsgaard’s work on self-constitution as fruitful starting points for this account of love. I conclude that our loving relationships enable us to have distinctive personal selves, and provide support for this account of love by offering a complementary theory of grief. In Part One of the dissertation, I focus on two prominent approaches to love characteristic of the sentimentalist and rationalist traditions. I begin with the work of David Hume, which treats desire (understood as something like a simple impulse or craving) as the paradigmatic mental state, and emphasizes our personal and affective dimensions. Hume has the valuable insight that loving someone affects our sense of ourselves. But Hume’s view becomes unsatisfying when he claims that love is essentially enfeebling, implying that to love is to be passive toward and readily overcome by another person. While this indicates Hume’s awareness that love involves being open and receptive to another person, the problem is that love is also a demanding attitude. Hume lacks the conceptual resources to offer a nuanced view of the self, in which we can—with one attitude—be both demanding of and vulnerable to another person. Hume’s model of a desire-based deliberative process has recently been revived in Harry Frankfurt’s discussions on love and rationality. Frankfurt, however, goes beyond Hume’s picture of the self by introducing a notion of “identification,” which he offers to make sense of our apparent ability to commit ourselves decisively to certain projects or people. I argue that active powers like identification and commitment cannot be accommodated within any basically Humean moral psychology. Such abilities, and with them the possibility of love, depend on something closer to a Kantian conception of rational agency. I next focus on the work of Kant, who provides the substantial counterpart to Humean-inspired moral theories, but is not known for his insight into our emotional lives. In the Metaphysics of Morals, Kant divides love into “practical love”—what we experience when we are morally motivated to help someone—and “pathological love”—what we experience when we feel fond of something. But in reality, we experience love neither as a mere preference for another person, nor as something that generates the kind of demands that would be binding on any rational creature. David Velleman attempts to remedy the deficiency of Kant’s dichotomy. Velleman offers a Kantian theory in which he describes love and respect as two ends of a continuum of attitudes that it is morally appropriate to have toward people. Velleman’s view has the peculiar implication that everyone deserves the love of everyone else, and I argue that this is a fatal flaw. Like Kant and Velleman, Korsgaard characterizes personal love as involving the treatment of other people as Kantian ends-in-themselves to a heightened degree. Korsgaard, though, also contends that our individual identities depend upon our personal relationships, and I take this position seriously for the remainder of the dissertation. Ultimately, however, characterizations of loving relations as subsets of moral relations can account for the authority of the demands of love, but not its particularity. The major conclusion of Part One is that any attempt to understand love primarily on a model of practical reasoning with which we are already familiar is doomed to fail. Our experience of love calls for a theory of a unique type of practical necessity. In Part Two I take seriously the possibility that love is simultaneously inescapable (in something like the way morality is supposed to be), and yet ineluctably personal. In love, we experience an engagement with a person as essentially particular, rather than as an instance of a rational agent in general. To make sense of this direct attachment to an individual, I argue that love involves distinctive forms of expectation and disappointment. When those we love let us down, they hurt our feelings, which is not a response to a failed prediction, but nor is it a reaction to a moral insult or offense. According to Peter Strawson and Stephen Darwall, second-personal moral reactive attitudes (such as resentment) always have third-personal analogues (such as indignation). In contrast, I argue that the type of hurt feelings associated with love is a second-personal reactive attitude that does not have a third-personal corollary. I take this as evidence that the expectations involved in love are not objective in the way that the moral is objective. Nor, however, is love a matter of mere preference. On my interpretation, Kant introduces this different type of expectation in the Critique of Judgment. Whereas he characterizes moral judgments as universally communicable, judgments of beauty implicitly involve only second-personal address: I appeal to your direct experience with a particular object. This provides the conceptual space for an account of love according to which it involves a uniquely second-personal form of practical necessity. I contend that the second-personal addresses we make in love are appeals to strengthen the intimacy implicit in the loving relationship, and I identify three interrelated dimensions of that intimacy. First, those we love have the standing to interpret us in a constitutive manner. We fine-tune and make determinate the character of our concerns and interests in part by accepting the interpretations provided by those we love. In that way, the people we love have the normative power to constitute who we are. Second, we share a perspective with those we love in a way that is not reducible to or derivative of our independent perspectives. Loving someone centrally involves the activity of forming concerns together, and we do this in a mode best understood on the model of playing a spontaneous game or improvising music. Finally, being loved enables us to see ourselves as distinctive and special, because the concern those who love us have for us does not track the objective merit of our characteristics. These dimensions of the intimacy that characterizes a loving relationship reveal what it is that we appeal for in love, and how we are hurt when our appeals are rebuffed. In broad terms, this dissertation advocates the recognition of a non-moral yet normative type of expectation, which is predominant in loving relationships. Humor and beauty, too, make more sense when understood in terms of this non-moral yet normative type of expectation, as they involve appeals to others that are more than mere predictions of, but less than rational demands for, a certain kind of response. Introducing this alternative notion of expectation into the discourse of moral philosophy can shed light on other common attitudes that are clearly normative, but defy translation into objective, third-personal terms. Such attitudes include certain experiences of pride and shame, apology and forgiveness, the bestowing of mercy, gratitude, agent-regret, and perhaps a basic sense of trust we have in others. Ultimately, I situate love in respect to grief, which demonstrates my theory’s ability to make sense of related dimensions of our emotional lives. The people we love and grieve over give us a sense of who we are as distinctive, particular individuals, as the three interrelated dimensions of intimacy in loving relationships reveal. Consequently, grief is best understood as a type of practical disorientation—namely, a disorientation that involves the loss of the personal self. I present my account of grief against the type of account that would draw philosophical conclusions about the nature of love and grief from empirical psychological data alone. In particular, these data indicate that we recover quickly from the deaths of loved ones, and Dan Moller draws the philosophical conclusion that those we love fulfill certain roles in our lives and are replaceable. In contrast, I contend that while we should acknowledge the truth of the objective judgment, made in the third-person, that we will likely recover after the deaths of those we love, it does not follow that we must affirm such a claim from the internal perspective of one person who loves another. As a result, the case of love and grief supports a general claim concerning the proper work of moral philosophy, which is that the understanding of ourselves gained through empirical data is not a substitute for the normative conclusions that are revealed through first-personal reflections on our relationships. (shrink)

Funding policies for science are usually directed at supporting technological innovations. The im-pact and success of such policies depend crucially on how science and technology are connected to each other. I propose an “interactive view” of the relationship between basic science and technol-ogy development which comprises the following four claims: First, technological change derives from science but only in part. The local models used in accounting for technologically relevant phenomena contain theoretical and non-theoretical elements alike. Second, existing technologies and (...) rules of experience constitute another major repository of technological inventions. Third, technology dynamics is only weakly coupled to progress in basic science but it is closely related to science. There is a dependence of technological change on a more fundamental understanding, to be sure, but it is of an indirect and long-term character. Fourth, progress in basic research is some-times the effect of technological change. Technological change sometimes brings about increased theoretical understanding. (shrink)

In this article I aim to shed light on the question of whether aesthetic experience can constitute practical knowledge and, if so, how it achieves this. I will compare the approaches of Nelson Goodman and Edmund Husserl. Both authors treat the question of which benefits aesthetic experience can bring to certain basic skills. Though one could argue together with Goodman that repeated aesthetic experience allows for a trained and discriminating approach to artworks, Husserl argues that by viewing aesthetic objects (...) we can learn to perceive in a more undiluted fashion and to qualify our own perceptions against the backdrop of the conceptual framework that shapes our everyday experience. As a consequence, aesthetic experience is not to be regarded as something that only contributes to a normatively loaded involvement in the distinct field of the ‘aesthetic’. Reading Goodman with Husserl and vice versa, I will argue in support of a practical aesthetic knowledge account that mediates cognitivist-constructivist and phenomenological concerns and can thus overcome some of their respective shortcomings. The account I present is useful for understanding the practical value of aesthetic experience in and beyond the confined field of the arts. (shrink)

The migration of constitutional ideas across jurisdictions is one of the central features of contemporary constitutional practice. The increasing use of comparative jurisprudence in interpreting constitutions is one example of this. In this 2007 book, leading figures in the study of comparative constitutionalism and comparative constitutional politics from North America, Europe and Australia discuss the dynamic processes whereby constitutional systems influence each other. They explore basic methodological questions which have thus far received little attention, and examine the complex relationship (...) between national and supranational constitutionalism - an issue of considerable contemporary interest in Europe. The migration of constitutional ideas is discussed from a variety of methodological perspectives - comparative law, comparative politics, and cultural studies of law - and contributors draw on case-studies from a wide variety of jurisdictions: Australia, Hungary, India, South Africa, the United Kingdom, the United States, and Canada. (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)

-/- In his rich and thoughtful paper, Richard Bellamy sketches a theory of individual rights that ascribes to them an inherently democratic character that “is best captured by a republican view of liberty as non-domination, rather than the standard liberal account of liberty as non-interference.” According to this view, “rights involve an implicit appeal to democratic forms of reasoning.” That is, the only justifiable “foundation of rights must be some form of ongoing democratic decision making that allows rights to be (...) claimed under conditions of political equality.” Bellamy uses this particular model of rights to defend a somewhat unique thesis concerning the legitimacy of judicial review under a constitutional charter or bill of rights (henceforth constitutional review). Many legal theorists question whether constitutional review can ever be rendered consistent with the theoretical and practical demands of democracy. According to these theorists, democracy embodies a form of self-rule whereby the members of a society establish and exercise legitimate authority over themselves. But self-rule seems seriously compromised once constitutional review enters the picture. Instead of having the people and their elected representatives setting the basic terms of social cooperation, we have instead a small group of elite, unelected, and unaccountable judges performing this vital task. Constitutional review empowers these individuals, in constitutional review cases, to substitute their own contestable views and preferences with respect to the basic terms of social cooperation for the duly considered views and preferences of the people and those whom they have duly elected to represent them. This is something one simply cannot tolerate in a democracy. (shrink)

Alice Crary claims that “the standard view of the bearing of Wittgenstein's philosophy on ethics” is dominated by “inviolability interpretations”, which often underlie conservative readings of Wittgenstein. Crary says that such interpretations are “especially marked in connection with On Certainty”, where Wittgenstein is represented as holding that “our linguistic practices are immune to rational criticism, or inviolable”. Crary's own conception of the bearing of Wittgenstein's philosophy on ethics, which I call the “intrinsically-ethical reading”, derives from the influential New Wittgenstein (...) school of exegesis, and is also espoused by James Edwards, Cora Diamond, and Stephen Mulhall. To my eyes, intrinsically-ethical readings present a peculiar picture of ethics, which I endeavour to expose in Part I of the paper. In Part II I present a reading of On Certainty that Crary would call an “inviolability interpretation”, defend it against New Wittgensteinian critiques, and show that this kind of reading has nothing to do with ethical or political conservatism. I go on to show how Wittgenstein's observations on the manner in which we can neither question nor affirm certain states of affairs that are fundamental to our epistemic practices can be fruitfully extended to ethics. Doing so sheds light on the phenomenon that I call “basic moral certainty”, which constitutes the foundation of our ethical practices, and the scaffolding or framework of moral perception, inquiry, and judgement. The nature and significance of basic moral certainty will be illustrated through consideration of the strangeness of philosophers' attempts at explaining the wrongness of killing. (shrink)

In the 225 years since the United States Constitution was first drafted, no single book has addressed the key questions of what constitutions are designed to do, how they are structured, and why they matter. In From Words to Worlds, constitutional scholar Beau Breslin corrects this glaring oversight, singling out the essential functions that a modern, written constitution must incorporate in order to serve as a nation's fundamental law. Breslin lays out and explains the basic functions of a modern (...) constitution -- including creating a new citizenry, structuring the institutions of government, regulating conflict between layers and branches of government, and limiting the power of the sovereign. He also moves into the esoteric, discussing the theoretical concepts behind the fundamentals of written constitutions and examining in-depth some of the most important constitutional charters from around the world. In assaying how states put the structural ideas into practice, Breslin asks probing questions about why -- and if -- constitutions matter. His answer is a resounding yes. Solidly argued and engagingly written, this comparative study in constitutional thought demonstrates clearly the key components that a state's foundational document must address. In doing so, Breslin draws a critically important distinction between constitutional texts and constitutional practice. (shrink)

“Dance” has been associated with many psychophysiological and medical health effects. However, varying definitions of what constitute “dance” have led to a rather heterogenous body of evidence about such potential effects, leaving the picture piecemeal at best. It remains unclear what exact parameters may be driving positive effects. We believe that this heterogeneity of evidence is partly due to a lack of a clear definition of dance for such empirical purposes. A differentiation is needed between (a) the effects on the (...) individual when the activity of “dancing” is enjoyedas a dancerwithindifferent dance domains(e.g.,professional/”high-art”type of dance,eroticdance,religiousdance,clubdancing,Dance Movement Therapy(DMT), and what is commonly known ashobby, recreationalorsocialdance), and (b) the effects on the individual within these different domains, as a dancer of thedifferent dance styles(solo dance, partnering dance, group dance; and all the different styles within these). Another separate category of dance engagement is, not as a dancer, but as a spectator of all of the above. “Watching dance” as part of an audience has its own set of psychophysiological and neurocognitive effects on the individual, and depends on the context where dance is witnessed. With the help of dance professionals, we first outline some different dance domains and dance styles, and outline aspects that differentiate them, and that may, therefore, cause differential empirical findings when compared regardless (e.g., amount of interpersonal contact, physical exertion, context, cognitive demand, type of movements, complexity of technique and ratio of choreography/improvisation). Then, we outline commonalities between all dance styles. We identify six basic components that are part of any dance practice, as part of a continuum, and review and discuss available research for each of them concerning the possible health and wellbeing effects of each of these components, and how they may relate to the psychophysiological and health effects that are reported for “dancing”: (1) rhythm and music, (2) sociality, (3) technique and fitness, (4) connection and connectedness (self-intimation), (5) flow and mindfulness, (6) aesthetic emotions and imagination. Future research efforts might take into account the important differences between types of dance activities, as well as the six components, for a more targeted assessment of how “dancing” affects the human body. (shrink)

In a recent contribution to legal ontology, Kenneth Ehrenberg identifies a puzzle concerning _the basic validity rule_ of legal systems: If formal institutions require a codified foundational constitutive rule, then legal systems cannot be formal institutions, since their foundational constitutive rule is necessarily an uncodified basic validity rule. To solve this puzzle, Ehrenberg suggests taking this rule as ‘a foundational and self-identifying institutional fact’. Here, I challenge his solution and the very existence of this puzzle. By (...) arguing, contra Ehrenberg, that the basic validity rule is not the foundational constitutive rule of a legal system, but only the foundational constitutive rule of legal validity; that its codification in fact contributes towards the institutionalisation of a legal system; and that the true foundational constitutive rule of a legal system is the formal group structure of the higher-constitutional organisations, I submit an alternative account of the institutional nature of legal systems. (shrink)

Perceptual learning is characterized by long-term changes in perception as a result of practice or experience. In this paper, I argue that through perceptual learning we can become newly sensitive to basic perceptual features. First, I provide a novel account of basic perceptual features. Then, I argue that evidence from experience-based plasticity suggests that basic perceptual features can be learned. Lastly, I discuss the common scientific and philosophical view that perceptual learning comes in at least four varieties: (...) differentiation, unitization, attentional weighting and stimulus imprinting (Goldstone 1998, Connolly 2019). Becoming newly sensitive to basic perceptual features, I argue, does not fit into any of these categories. This paper’s contribution to the literature is twofold. First, I present a novel view of basic perceptual features which can be used in subsequent theorizing. Second, I show that learning basic perceptual features, since it does not fit into this standardized taxonomy, constitutes an underappreciated form of perceptual learning. This result has important implications for recent discussions in the philosophy of perception and epistemology. (shrink)

In this essay I argue that in order to secure some of his system’s key commitments, Fichte employs argumentation essentially patterned after the technique of practical postulation in Kant. This is a mode of reasoning that mobilizes a distinctly Kantian notion of nonepistemic justification, which itself is premised upon a broadly Kantian conception of the nature of reason. Succinctly stated, such argumentation proceeds essentially as follows. (1) By the basic nature and operations of rationality, every rational being is, as (...) such, committed to E as an ultimate end (final purpose, highest goal). (2) E can be understood as actually attainable only if descriptive proposition P is assented to. (3) We cannot, in principle, possess genuine evidence for or against P; therefore, (4) while we do not have (and never could have) good epistemic grounds for assenting to P, we do have (and always will have) perfectly sufficient rational grounds for doing so. While this assent has no basis in pertinent evidence, it nonetheless has an unshakeable foundation in the basic operations and requirements of rationality. This is so because this assent (a) sustains a commitment integral to rationality as such, and (b) affirms a proposition that no evidence could ever discredit. I proceed to discuss what I take to be two instances of this sort of argumentation in Fichte: first, The Vocation of Man's unusual argument for belief in the real existence of a world transcendent to human representations, and second, the same work's subsequent depiction of that world as strictly mentalistic (immaterial, intellectual, teleological) in its true constitution. VM portrays both positions as decisive determinants of the overall upshot of the Wissenschaftslehre (WL), and explicitly casts them as articles of “faith” or “belief” (Glaube), grounded in unshakeable ethical conviction, by contrast with items of “knowledge” (Wissen). (shrink)

The studies show a positive and direct relationship between basic psychological needs satisfaction and intrinsic motivation of the students. However, there is a lack of studies that analyze the psychological processes that affect these relationships. For this reason, the purpose of this study was to investigate the mediating role of academic integration on the relationship between basic psychological needs satisfaction and intrinsic motivation of Chilean university students. The participants were a total of 580 students from a university in (...) northern Chile, 359 women and 221 men. The mediation analysis was performed by structural equations modeling, using the maximum likelihood method and the bootstrapping procedure with 10,000 iterations. The results indicated that academic integration partially mediated the relationship between basic psychological needs satisfaction and intrinsic motivation of the students. Therefore, the basic psychological needs satisfaction had an indirect effect on the intrinsic motivation of the students through academic integration. It is concluded that the academic integration constitutes a psychological process that promotes the development of intrinsic motivation for learning. The practical implications are discussed along with the limitations of the study and recommendations for future research. (shrink)

The concepts of reasons as supporting elements, of practical reason as a capacity, and of practical reasoning as a process are central in the theory of action. This paper provides a brief account of each. Several kinds of reason for action are distinguished. Practical reason is characterized both as a capacity whose exercise is largely constituted by a kind of responsiveness to reasons and as governed by certain normative principles; and practical reasoning is described as a kind of mental process (...) in which reasons figure as premises and, from those premises, a practical conclusion is drawn. Much of the paper undertakes two related tasks: to distinguish the main kinds of practical reasoning and the associated criteria of assessment and to formulate some important substantive principles of practical reason. These principles yield criteria of several sorts: logical, inferential, epistemic, and material. On the theory presented, although any (non‐basic) intentional act can be grounded in practical reasoning, the same acts can be performed for the relevant reason(s) without being so grounded, and in either case their rationality depends on adequate support by the reason(s). One kind of reason is commonly thought to be captured by Kantian hypothetical imperatives. The final sections explore what constitutes a hypothetical imperative and what other principles are needed to account for practical rationality. A major conclusion is that in the domain of practical reason, if there are no categorical imperatives, there are no hypothetical imperatives either. (shrink)

While unionization is usually evaluated as an aspect of freedom of association—the idea being that workers have the right to associate and form unions if they want and have an equal right not to do so if they don't, I argue that this is a mistake. Instead of merely allowing unions to form or not depending on the preferences of workers, I argue that unions are a basic and therefore necessary institution of a just society. After analyzing and criticizing (...) the schema developed by John Rawls for evaluating what constitutes a basic institution, I introduce a new principle that allows us to determine what should be considered a basic institution in the context of our existing social institutions and practices. I then apply this principle to unionization, and argue that while unions are subject to post-institutional regulation, just like firms are, their existence is demanded by pre-institutional principles of equality and liberty and therefore not optional. Not only are union shops consistent with our deepest moral principles, including our commitment to liberty, that commitment, when properly understood, actually requires that unionization be universal. (shrink)

Movements tend to employ instituent practices and to acquire constitutive characteristics when they set up the material foundations of their collective autonomy, i.e. when they establish socially reproductive commons, democratically producing forms of life that respond to basic needs of the participants to the commons. The legal recognition of the sphere of the commons and the freedom of people to share, co-establish and self-regulate whole infrastructures of their social production is therefore not a negligible change but a (...) complete reversal of the logic currently underlying our legal order. It is, therefore, clear that to the end of multiplying and expanding the sphere of the commons we need to invent a new theory of a law of the commons and a hybrid and transitional semi-state ius communis, which will be capable of incorporating the acquis of social movements and receptive to emerging forms of life of the oppressed. (shrink)

Human affectivity is a research topic situated at the intersection of psychology, philosophical anthropology, theory of action and ethics. This article reconstructs the Aristotelian theory of emotions in the context of his theory of aspiration /recij ) and in terms of their function as primary evaluators of situations, which forms the basis for virtue ethics. The Aristotelian model integrates desire, motivation and morality for a rational being in community. Affects reveal the profile of relevance of the world to a person (...) as an indispensable basis for the work of practical reason. They are analysed in the dimensions of their cognitive core, their social, bodily, and motivational aspects. Affectivity constitutes a primary evaluative response to situations and thereby disposes human beings to realise their call to morally good, virtuous and fulfilling action. (shrink)

In societies of high legal culture, criminal law is regarded as a protective and repressive measure of the state, as an imperative of crime and inevitable punishment (as a strict rule). Therefore, the article attempts to show the fact that the entirety of the provisions and norms of criminal law, consolidated in a modern democratic state under the rule of law (or, at least, a state that is attempting to become such a state), allows for the assertion that the purpose (...) of criminal law is coordination or, at least, the balance of the interests of conflicting subjects—the victim and the culprit, the culprit and the state. Thus, by means of criminal law, one can try to attain legal concord in seemingly irreconcilable situations. The reality of such striving is confirmed by court practice and statistics in criminal justice. The article analyses the origin of the reconciliation function, essentially a new aspect of criminal law. A position is formed that the fundamentals of such a function of criminal law are “laid” by the provisions of the Preamble to the Constitution of the Republic of Lithuania that the striving of the Nation is an open, just and harmonious civil society and a state under the rule of law. For the implementation of these provisions, one makes use of the possibilities of penal law-making and respectively corrects the penal policy. (shrink)

Elizabeth Anscombe characterised practical knowledge as knowledge ‘in intention’. As Anscombe recognised, accepting this view involves rejecting certain basic orthodox epistemological assumptions. But even once this is done, a challenge remains for a conception of practical knowledge as knowledge ‘in intention’. For while practical knowledge would appear to be a kind of propositional knowledge, intentions would appear to be a kind of non-propositional attitude. I call this the ‘Structural Challenge’ for an intention-based account of practical knowledge. After rejecting two (...) suggested responses – one which views intentions as propositional attitudes; one which views practical knowledge as non-propositional knowledge – I offer my own solution by showing how simply having and carrying out an intention to φ will ordinarily meet a plausible neutral condition on propositional knowledge. Knowing a fact will in general involve being mentally related to it via a successful exercise of relevant concepts. The account I develop turns on viewing a person’s carrying out an intention to φ as their constituting the fact that they are φ-ing, through a practical exercise of their concept of φ-ing. The resulting account sheds light both on the analogies, and on the crucial formal differences, between practical and theoretical knowledge. (shrink)

Basic, key concepts of semiotic are surveyed en route to establishing signs, units of signification, as always dealing in relations. These relations are triangular and mediate. Signs span and mediate between the internality and externality of things, thing being defined as a composite of subjectivity and objectivity. Because signs are relational and mediate, identicality is postulated as the limit of the sign. Identicality is aligned with things-in-themselves, which are assigned to meta-reality, to associate semiotic and metaphysic. Mind, thought, world, (...) and reality are conceptualized in such a way as to link signs with experience. Experience is explained as being founded in relations and practices between things. These relations and practices are formulated in significations. From these signification relations experience is founded, and through experience identities are situated and selves emerge. Holding experience as being formative of and fundamental to reality, it is concluded that reality is best described as being constituted in signs and ultimately bound by significations and relations between things. (shrink)

Between the 1970s and the 1980s social practices were the object of theoretical research in some areas of sociology and cultural anthropology, to meet the need to integrate structuralist, functionalist or Marxist objectivist theories of society by using more sensitive types of approach to social actors, who were viewed as subjects capable of individual decisions, actions and interpretations. In particular, the role of reflexion on social practices became more relevant in the critique of society as an organic, unified (...) whole, also stressing an alternative to liberal outlooks and describing society in the basic terms of relationships between individuals. Social practices are constituted by an organic set of base elements usually applicable also outside structured practices but assuming a peculiar network of relationships within them. This studies is an attempt to show the distinct traits that rationality criteria take while operating inside social, cooperative practices, also pointing to the consequences that this configuration has in the relationship between practictioners and institutions. (shrink)

I intend to show some of the limits of the decision-theoretic model in connection with the analysis of cognitive agency. Although the concept of maximum expected utility can be helpful for explaining the decision-making process, it is certainly not the primary motor that moves agents to action. Moreover, it has been noticed elsewhere that this model is inadequate to the analysis of single cases of practical reasoning. A theory is proposed that introduces a plan-structure as a basic idea. In (...) order to know its very conceptual scope, we need to accommodate that theory to a cognitive architecture whereby the rational and autonomous agent makes choices and deliberates between courses of action to achieve specific goals that are of its interest. The paper endeavours also to clarify the relationship between the different modules that should constitute the architecture of an agent to accomplish the requisites of efficiency and autonomy in a changeable and dynamic world. (shrink)

This article discusses a rare instance of the highest national courts explicitly addressing traffic signs in their judgments or decisions. It critically examines the standpoint expressed by the Polish Constitutional Tribunal and the Supreme Court, according to which the basic traffic sign categories in Poland—obligatory, prohibitory, informative and warning—are not separable [e.g. prima facie non-normative signs can also be normative ]. These courts formulated this idea when addressing the legal question concerning the applicability of legal provision penalizing failure to (...) comply with a traffic sign to parking a car without paying a fee in an area marked by an informative sign that indicates the need to charge a fee for parking. The article analyses and criticizes the relevant standpoint of the Polish Constitutional Tribunal and the Supreme Court. It shows how many negative consequences can result from frivolous treatment and neglect of traffic signs. It also reconstructs some possible practical recommendations concerning not only traffic signs but also visualizations of legal rules in general. (shrink)

The notion that the application of basic rights requires “balancing” is widely and increasingly accepted. Balancing judgments are ever more frequently used in judicial decisions, particularly in constitutional courts and especially in contemporary supra-national human-rights courts. Many jurists deem that balancing is the only possible method to arrive to a rational decision in cases of conflict between basic rights. I assert that this kind of conflict between principles has the same structure of moral conflicts. And, as is the (...) case with moral conflicts, the way conflicts are solved will depend on the underlying concept of practical reasoning. I describe the two basic patterns that practical reasoning may follow in situations of conflict between moral principles in general and argue against the idea that balancing is the most appropriate procedure to cope with the conflict, either in general terms or in juridical argumentation in particular. (shrink)

In recent years a growing number of philosophers in the analytic tradition have focused their attention on the significance of human sociality. An older point of departure of analysis, which actually precedes this current tide of accounts of sociality, has revolved around the debate between “holism” and “individualism” in the philosophy of the human or social sciences and social theory. The more recent point of departure for various accounts of sociality has centered on the nature of conventions, social groups, shared (...) intentions, or collective intentionality. Putting aside the disagreements among these accounts, they all take for granted an antecedently intelligible notion of individual agency as explanatorily primitive and seek to explain the possibility of plural or collective agency in terms of the former. By contrast, other philosophers who have worked at the intersection of analytic and "continental" philosophy have emphasized the primacy of practice as the proper starting point for philosophical reflections on the nature of human sociality. In the analytic tradition this emphasis is typically framed in terms of the possibility of rule-following, a topic put on the philosophical agenda by the later Wittgenstein. Peter Winch’s and Saul Kripke’s influential but controversial readings of Wittgenstein explicitly thematize the issue of rule-following, readings which have in turn generated critical reflection in various disciplines for which this issue is relevant. -/- I begin by briefly explicating the positions of Pettit and Brandom on the issue of rule-following (putting aside any specific differences between them for the moment). Next I connect Pettit’s and Brandom’s views on rule-following, and more generally on normativity and its necessarily social basis, with the views of Theodore Schatzki and Joseph Rouse, whose conceptions of the significance of practice and its inherent sociality are indebted as much to the early Heidegger as well as the later Wittgenstein. I suggest that Pettit’s and Brandom’s views of the necessarily social nature of rule-following (i.e., practice) ought to acknowledge and integrate the shared insight of Schatzki and Rouse that practices are not only modes of activity, but constitute more basically the concrete setting or world within which practices qua modes of activity are intelligible (verständlich) at all. I conclude the paper by suggesting how an integrated account of the significance of the necessarily social nature of practice undermines the assumptions of those philosophers who seek to analyze human sociality solely on the basis of modes of interactions among individual agents. (shrink)

This paper deals with the question of the conflict of constitutional rights with regard to basic rights. Two extreme accounts are outlined: the subsumptive approach and the particularistic approach, that embody two main conceptions of practical rationality. Between the two approaches there is room for a range of options, two of which are examined: the proportionalist approach, which conserves the scope of rights restricting their stringency, and the specificationist approach, which preserves the stringency of rights restricting their scope. I (...) will present arguments in defence of the latter. (shrink)

Li Zhen priest has repeatedly tried to clarify there are two basic problems of philosophy, there is one problem with the nothingness, there is one root of the problem. For the first problem, he believes there is the meaning of life is based on earnings instead of the full emptiness. For the second question, he thinks there is a God of the root. Li Zhen priest in one deeply experienced man's limited nature, on the other hand they found that (...) the driving force towards infinity. Although the constitution were limited, however, its intention to infinity. The meaning of human life are the cornerstone upon which to build, is built up from within, however, can not be limited to their own self-sealing inner nature, on the contrary, the primordial human tendency is inherent and can go beyond that, that is limited and can be infinite . Li Zhen is that there exists a final basis the full surplus. This will be for the Christian religion in the "no" to explore the concept of active surface, as well as Buddhist talks about "empty" comparisons, as Li Zhen of the basic study with and without supplement. "Beyond" and "there" are supported by ethics, the ethics of generosity and love. Go beyond him in person, he is certainly not only those, but also those who are not asking for anything good for his efforts. Li Zhen advocate and practice is an ethics of love and generosity. (shrink)

Despite the growing influence of constitutional rights over the regulation of horizontal (private) relations, many aspects of this trend remain under-theorized. This article criticizes four ideal-typical constitutional horizontality models for failing to accommodate moral reasons that must shape this regulatory practice: the state action model ignores basic consequentialist aspects of political morality; the direct application model ignores basic relational aspects of interpersonal morality; the strong indirect model recognizes both but subordinates the latter to the former; and the partitioned (...) indirect model recognizes both but separates them too strongly. This article claims that a composite indirect model, which reflects basic features of the common law, can better realize constitutional rights through private law in conditions of moral pluralism: it can expose private law to constitutional rights-based and reform-oriented scrutiny without ignoring, eroding, or distorting the unique normativity of private relations and practices or their underlying values. (shrink)

In this article I explore love's relation to gendered power asymmetries by comparing Anna Jónasdóttir's, Jessica Benjamin's and Teresa Brennan's respective theorizations of this theme. Despite the considerable differences between these feminist frameworks, they can all be read in terms of what I call the figure of the Dominant and its Constitutive Other. This refers to the contradictory relation whereby the powerful and ‘independent’ existence of the one is premised on that which is other to it, as well as (...) on the denial and obscuring of this constitutive dependence. Via a dialogue with critical realist and metaReal themes I move from a concern with how the feminine ‘Other’ tacitly constitutes the masculine Dominant through practices of love, to thematizing the basic stratum of being as the constitutive Other of the oppressive economy of love. The structure of the self emerges as a central organizing principle in the oppressive relations considered, and the article explores what might be a non-violent mode.. (shrink)

In this article, I argue that Habermas’s method of rational reconstruction faces limitations when it comes to analysing newly emerging and contested political practices. As rational reconstruction aims to criticize existing practices by determining their normative meaning as reflected in the participants’ idealizing presuppositions, it reaches its limits where emerging and contested practices make it impossible to identify a shared self-understanding and a single participants’ perspective. Using the example of membership politics, I argue that this is often (...) the case where nationally constituted forms of politics become controversial or are fundamentally questioned. Building on the work of Benhabib and Fraser, I develop an alternative reconstructive method of plural reconstruction, which modifies the basic premises of rational reconstruction, adjusting it to emerging and contested political contexts. (shrink)

This article briefly outlines some of the key problems with the way in which the moral realm has traditionally been understood and analysed. I propose two alternative views of what is morally interesting and applicable to nursing practice and I indicate that instability has its upsides. I begin with a moral tale – a 'Good Samaritan' story – which raises fairly usual questions about the nature of morality but also the more philosophically fundamental question about the relationship between subjectivity and (...) moral agency. I then consider this relationship from the perspectives of two twentieth century philosophers: Emmanuel Levinas and Michel Foucault. Levinas' basic point is that the experience of ethical subjectivity is made possible through others: the demand to respond to the existence of others is the basic social structure that precedes individual freedom. If Levinas posits intersubjectivity as a fundamental or primitive feature of the moral realm, Foucault poses an even more basic question: how have moral subjects and relations of obligation been constituted? The aim of ethical inquiry, for Foucault, is to describe the network of discourses, institutions, relations, and practices through which certain kinds of subjects are constituted and constitute themselves, e.g. as a kind of person who can act morally. Finally, I consider some recent research in philosophy of nursing which illustrates how Levinasian and/or Foucauldian perspectives can deepen understanding of nurses' moral practices, specifically, the work of Norwegian public health nurses, Canadian pediatric nurses, and Irish midwives. I suggest that in spite of the instability of morality in general and the particular ethical challenges that face nurses, there are grounds for hope and possible strategies for living in unstable times. (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)

This paper is a beginning—an initial attempt to think of the function and character of epistemic norms as a kind of social norm. We draw on social scientific thinking about social norms and the social games to which they respond. Assume that people individually follow epistemic norms for the sake of acquiring a stock of true beliefs. When they live in groups and share information with each other, they will in turn produce a shared store of true beliefs, an epistemic (...) public good. True beliefs, produced individually or in groups, constitute an epistemic good—one commonly stockpiled and distributed within a community. Epistemic norms can then be understood as a kind of socially developed and transmitted normative sensibility having to do with the production of this individual and public good. Epistemic norms should serve to regulate this practice—coordinating the practice of individuals so as to afford the benefits of life in an interdependent epistemic community—and to manage the risks of being epistemically dependent on others within such a community. Here, we provide some attempts to characterize the central aspects of "the epistemic game"—the epistemic choice situation confronted by communities of epistemic agents. (shrink)

This dissertation examines the conceptual limitations of Kant's ethical theory with the purpose of assessing its suitability as a model of practical philosophy based upon the idea of autonomy. My aim is not only to exhibit the specific weaknesses in Kant's treatment of morality, but also to explore a contrast between two different approaches in ethical theory. This contrast can be characterized in terms of an opposition between a 'formal-individualistic' and a 'social-historical' model for the analysis and derivation of ethical (...) principles. The crucial problem here is whether an ethical theory can be constructed on the exiguous basis of concepts such as the 'rationality' or 'freedom' of the will, or whether it requires an insight into the connection between moral principles and specific conditions of historical and social life that constitute the real foundation of moral judgment. ;The dissertation is composed of four chapters. In Chapter One I consider the deficiencies in Kant's treatment of the historical and temporal dimensions of moral volition. I focus especially upon his neglect of the conditions of historical genesis that underlie the framework of moral concepts he analyzes. In the second and third chapters I examine Kant's failure to attend to the social dimension of morality and distinguish two separate parts to this objection: difficulties resulting from his restriction of the scope of moral freedom to the domain of an agent's inner intentions, so that a consideration of the consequences of action is excluded, and problems arising from his monological interpretation of the universalization procedure. Finally, in Chapter Four I argue that Kant's neglect of the historical and social dimensions of morality is by no means accidental. Rather, it is a function of his reliance upon a two-world metaphysical framework in which moral principles are understood essentially as the laws governing a purely rational, non-natural order. The dependence of Kant's ethical theory upon 'problematic' metaphysical premises--particularly in his justification of the moral law--suggests that the two dimensions he excludes from his analysis--history and society--must be integrated within it in order to yield a more convincing elaboration of the basic concepts of morality. (shrink)

Part One of Fichte’s 1794/95 Foundation of the Entire Wissenschaftslehre sets forth three basic principles (Grundsätze) as the founding claims of a ‘theory of science’ that should continue and consolidate Kant’s work by vindicating and integrating the theoretical and practical essentials of the Critical philosophy. These principles (my translations) are: (1) “The I originally absolutely posits its own being.” (2) “A not-I is absolutely opposed to the I”; ergo, “opposition in general is absolutely posited by the I.” (3) “In (...) the I, the I opposes a divisible not-I to the divisible I.” This essay explores the ways in which these principles both (i) structure Fichte’s own post-Kantian position and (ii) seek to neutralize some important criticisms of the broader Kantian project. In particular, I argue that Fichte’s principles draw upon a distinctively Kantian conception of pure-rational activity, as the autonomous origination and instatement of pure order-inducing forms: non-sensory notions that inform all truth-apt cognition, and affect-independent norms that orient all autonomous volition. Accordingly, the principle, “the I originally absolutely posits its own being” describes the transcendentally most basic instance of such activity: that pure-rational act upon which all other such acts – ergo, all articulate cognition and all principled agency – ultimately depend. For Fichte, this is an act in which the I conceptually positions rational activity as such, in its strict purity and unmitigated autonomy, as both essentially constitutive of and unconditionally normative for its own existence. Thus the first principle of Fichte’s system figures the most basic pure-rational act as both theoretically determinative and practically legislative – with the consequence that even our most basic cognitive accomplishments depend upon a broadly ethical vocation intrinsic to rationality itself. After making the case for that interpretation, I also, more briefly, discuss the ways in which Fichte’s principles underwrite his responses to some trenchant criticisms of the broader Kantian project: the ‘Humean skepticism’ of G. E. Schulze and the ‘Kantian skepticism’ of Salomon Maimon. (shrink)

Contemporary discussions about practical reason or practical rationality invoke four competing views which can be named as follows by reference to their historical models: Aristotelian, Hobbesian, Kantian and Nietzschean. The subject-matter of this article is a defence of the Kantian conception of practical rationality in the interpretation of discourse theory. At the heart, lies the justification and the application of the rules of discourse. An argument consisting of three parts is pre sented to justify the rules of discourse. The three (...) parts are as follows: a transcen dental-pragmatic argument; an argument which takes account of the maximisation of individual utility and an empirical premise about an interest in correctness. Within the framework of the problem of application, the article outlines a justification of human rights and of the basic institutions of the democratic constitutional state on the basis of discourse theory. (shrink)

Many ethics initiatives have stipulated sets of principles and standards for good technology development in the AI sector. However, several AI ethics researchers have pointed out a lack of practical realization of these principles. Following that, AI ethics underwent a practical turn, but without deviating from the principled approach. This paper proposes a complementary to the principled approach that is based on virtue ethics. It defines four “basic AI virtues”, namely justice, honesty, responsibility and care, all of which represent (...) specific motivational settings that constitute the very precondition for ethical decision making in the AI field. Moreover, it defines two “second-order AI virtues”, prudence and fortitude, that bolster achieving the basic virtues by helping with overcoming bounded ethicality or hidden psychological forces that can impair ethical decision making and that are hitherto disregarded in AI ethics. Lastly, the paper describes measures for successfully cultivating the mentioned virtues in organizations dealing with AI research and development. (shrink)

Utilitarian (U.) theories must be capable of being applied in practical reasoning, or they would have no value as a guide to rational conduct. However, I show that epistemic extensions to U. theories produce logical confusion. Basic questions about what one needs to know in order to apply a U. analysis embroil one in an infinite regress. And attempts to incrementally apply U. either are no help at all (leaving one entirely 'in the dark'), or in general constitute arbitrary (...) gambles which no practical reasoner could defend taking. These problems are serious enough to completely discredit U. theories as having any relevance to practical reasoning. (shrink)

The article analyses the regulation for premature termination of the Parliament in Latvia. The introductory part of the article provides a short characteristic of the Constitution of Latvia - the Satversme adopted in 1922, and outlines the basic principles of legal regulation of the Parliament, i.e. the Saeima. Further chapters of the article analyse historic development of the premature termination of the Parliament. On 15 February, 1922, when the Satversme was adopted, only one mechanism for the premature termination of (...) the Parliament was established there: dissolution of the Saeima. However, relatively recently, in 2009, after a prolonged public discussion another mechanism for the premature termination of the activity of the Saeima was established, which was the recall.1 Both models of the termination of the activities of the Parliament are analysed in the article by specifying the principal differences between them. Along with the analysis of the provisions of the Constitution and theory, the practice of dissolution of the Saeima is characterised as well, because in 2011 the Parliament (the Saeima) was dissolved in a constitutional way for the first and so far the only time in the history of Latvia and extraordinary elections were held. (shrink)

This dissertation proposes the central elements of a Social Enactive Theory of Perception. According to SEP, perception consists in sensory-based practices of interaction with objects, events, and states of affairs that are socially constituted. I oppose the representational view that perception is an indirect contact with the world, consists of the passive receiving and processing of sensory input, is in need of constant assessment of accuracy, and is a matter of individuals alone. I share the basic enactivist insight (...) that perception is a type of activity, but I depart from standard enactivism on the grounds of its individualistic bias and its limited conception of activity. Instead of motor actions, I formulate the concept of perceptual practices as the appropriate framework to understand perception. Perception is woven into socially informed, contextual, sensory-based everyday activities, such as food, dance, and dress, and even seemingly independent, basic perceptual activities and concepts are constituted by such practices. Perceptual individual interactions instantiate social perceptual practices but are not just repetitions of a script. We perceive objects in virtue of perspectives or appearances, not in spite of them, and on this basis I offer SEPâs take on experience, properties, and contents. I conceive perceptual experience as finely grained interactions between subjects and objects, both of which are spatially, temporally, and pragmatically situated. Objects and their sensory properties are perceived dynamically and always in multiple appearances. Perceptual content offers a pragmatic specification of the perceptual objects in the specific ways they appear to subjects. For SEP, perception is normatively structured. SEPâs perceptual normativity is not a worry about a supposed constant threat that our perceptions be nonveridical, but about the placement of perceptual things in a system of possibilities and expectations, cast in terms of degrees of fulfillment of expectations and in a horizon of pragmatic significance, both of which are functions of the socially constituted interactions between a perceiver and a rich theory of appearances. (shrink)

This article is mainly about two things: first, exploring the gatherings of studying in the university. And second, it is about describing new relations to understand studying practices beyond the normative interventions carried out inside learning environments and the clearly demarcated functions imposed to their practice. In a certain sense, common assumptions about study recognize its importance for achieving learning goals and its capacity to be designed according to pre-conceived intentions. However, in an attempt to reconsider our understanding about (...) studying, the basic arguments here is that studying practices are constituted by open-ended activities that are guided by present interests to things that matter. Based on Theodore Schatzki’s practice theory, activities of studying were observed through scenes, where students and study-materiality join together in the event of studying at the Agora Learning Centre of KU Leuven in Belgium. Adopting a particular sensibility and narrative to describe and attend to actions and material entities entangled on studying activities, the article attempts to take a look at these activities beyond their functionality. Therefore, the main purpose of this research is to take a look at ‘what is going on’ in studying practices. (shrink)

Early research examining the relationship between corporate social practices and candidate attraction generally concludes that prospective employees prefer to be affiliated with socially responsible organizations (Dolan, 1997; Greening & Turban, 2000; Turban & Greening, 1996). A basic assumption embedded in these studies is that there is a generalized consensus among job candidates regarding the factors that constitute a desirable social record. Our project challenges this assumption and seeks to uncover variation among prospective job candidates’ attraction to specific organizations’ (...) social practices. We draw on the model of stakeholder orientation outlined by Mitroff (1983) to build a theoretical framework to explain variations in candidate attraction to specific practices and to guide the development of propositions that outline how candidates might be attracted to certain practices. Analysis of pilot data provides an illustration of how various corporate social practices cluster in a manner that is consistent with the theoretical propositions. (shrink)

This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of lawmaking. Elaborations of the process of lawmaking have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in lawmaking. (...) This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems-and some possible solutions-as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of lawmaking taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection. (shrink)

In recent years, several systematic theories of linguistic meaning have been offered that give pride of place to linguistic practice, or the process of linguistic communication. Often these theories are referred to as neo-pragmatist or new pragmatist; I call them 'practice-based'. According to practice-based theories of meaning, the process of linguistic communication is somehow constitutive of, or otherwise essential for the existence of, propositional linguistic meaning. Moreover, these theories disavow, or downplay, the semantic importance of inflationary notions of representation. (...) I introduce the basic ideas and motives behind some practice-based theories of meaning, and offer some reasons why an eliminativist, non-quietist, epistemic practice-based approach to meaning that 1) disavows any explanatory role for the linguistic community as such, 2) prioritizes sentence meaning over word meaning, and 3) may , in the end, be naturalistic, should be favored over its practice-based competitors. (shrink)

This paper constitutes my philosophy of teaching. I aim to model self-examination of teaching practice with the use of philosophical actionresearch. I use the method of triangulation and a mix of qualitative and quantitative data to validate and to strengthen my assertions. The analysis was grounded on empirical information, relevant current literature, and reflection. I argue that self-examination of practice is a worthy exercise for educators. When conducted systematically, self-examination efforts should not be regarded as merely subjective. It can be (...) harnessed as a tool to improve an educator's academic performance and personal wellbeing. It should rather be viewed as a basic or foundational discipline to sustain one's growth and love for teaching. The reflections on experience, insights, and the external validation one gathers in the process are worth the challenge. An examined life becomes worth living. (shrink)

The article examines Muhammad Asad’s epistemological ground, reflected in his works on the principle of Islamic governance and its basic constitution and foundational structure. In this regard, he formulated the constitutional ideas of the Islamic state, whose constitution contains the provision of Islamic law that practices and implements the norms and postulates of the Divine Writ. This idea was partly enshrined in some of Global South constitutional law, whose political establishment was formed in 1947. It essentially discussed Muhammad (...) Asad’s political ideas and their underlying philosophy as espoused in his works. The work was conducted using qualitative approaches to library research. The data were analyzed using descriptive, analytical, and comparative techniques. The finding shows that Muhammad Asad had formulated a comprehensive theoretical framework of the legal aspect of Islamic governance drawn up from the fundamental principle and doctrine of the sharia and its moral norms deriving from the Qur’anic and the sunnah bases while advocating democratic ideals and principles based on conventional practice and requirement of the modern context of the nation-state. (shrink)