In The Crisis of the European Union Jürgen Habermas claims that the constituent power in the EU is shared between the community of EU citizens and the political communities of the member states. By his own account, Habermas arrives at this concept of a dual constituent subject through a rational reconstruction of the genesis of the European constitution. This explanation, however, is not particularly illuminating since it is controversial what the term ‘rational reconstruction’ stands for. This article critically discusses (...) the current state of research on rational reconstruction, develops a new reading of Habermas’ method and invokes this account for an explanation and evaluation of the notion of a European pouvoir constituant mixte. (shrink)

Cet article explore une dimension essentielle, et jusqu’à présent peu analysée, du langage machiavélien : les métaphores médicales et parmi celles-ci, plus spécialement les termes et expressions qui lui permettent d’énoncer ses thèses majeures sur l’ordre institutionnel propre à la liberté. L’enquête sur les sources de la théorie médicale en vigueur au tournant du 16ème siècle – le présocratique Alcméon de Crotone, le corpus hippocratique tel qu’il est transmis par Galien – montre à la fois l’importance du vocabulaire médical pour (...) Machiavel (les métaphores médicales ne sont donc en aucun cas de simples ornements) et les libertés qu’il prend à l’égard de cette source dans la formulation de ses idées politiques. L’analyse de cet usage oriente la réflexion vers une analyse du statut de l’idée de constitution mixte chez Machiavel : les institutions de la liberté correspondent-elles à cet idéal antique, formulé en Grèce, puis appliqué à la réalité romaine par Polybe, Cicéron et Denys d’Halicarnasse. En réalité, à travers sa pensée du conflit civil, Machiavel s’éloigne de manière radicale du modèle de la constitution mixte. (shrink)

À partir du XVIe siècle, le gouvernement «mixte» de Venise devient, pour l'Europe de l'Ancien Régime, un modèle politique. Composant harmonieusement les principes de la démocratie (avec le Grand Conseil), de l'aristocratie (avec le Sénat) et de la monarchie (avec le Doge), garantissant la paix sociale et la stabilité des institutions, prétendant préserver Venise des aléas de l'Histoire, cette forme de gouvernement donne naissance à un véritable mythe. Volet essentiel de la réflexion sur la diversité des traditions républicaines italiennes, (...) l'étude du mythe politique vénitien permet aussi de s'interroger sur les emplois discutables du paradigme républicain dans l'historiographie récente. (shrink)

The difficulties often attributed to prime matter hold for all hylomorphic accounts of substantial change. If the substratum of substantial change actually persists through the change, then such change is merely another kind of accidental change. If the substratum does not persist, then substantial change is merely creation ex nihilo. Either way matter is an empty concept, explaining nothing. This conclusion follows from Aristotle’s homoeomerity principle, and attempts to evade this conclusion by relaxing the constraints Aristotle imposes on elementhood, generation, (...) and substrata all fail, and even the minimal constraints imposed by the Problem of Material Constitution are enough to generate the dilemma. -/- Aristotle resolves this dilemma in Physics I.9 by postulating pure potentiality-for-substance as the substratum of substantial change. Because the substratum persists, substantial change is not creation ex nihilo, but because it does not persist actually it is not a kind of accidental change. Aristotle uses this approach to solve the Problem of the Mixt and the Problem of Material Constitution without weakening his constraints on elementhood, generation, or substrata. This pure potentiality approach must be carefully distinguished from other ‘traditional’ or ‘prime matter’ views that posit some actuality for the substratum of substantial change, and it is best understood in light of the analogy found at Metaphysics Θ.6. Pure potentiality-for-substance can do the work needed in a substratum for substantial change because Aristotle is able to ground the identity, existence, and characterization of the substratum in the corrupting and generating substances rather than the substratum itself. (shrink)

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

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)

In tracing the formation of Husserl's concept of constitution, we hope to further the understanding of what he considers a philosophical explanation. ...

What is a human person, and what is the relation between a person and his or her body? In her third book on the philosophy of mind, Lynne Rudder Baker investigates what she terms the person/body problem and offers a detailed account of the relation between human persons and their bodies. Baker's argument is based on the 'Constitution View' of persons and bodies, which aims to show what distinguishes persons from all other beings and to show how we can (...) be fully material beings without being identical to our bodies. The Constitution View yields answers to the questions 'What am I most fundamentally?', 'What is a person?', and 'What is the relation between human persons and their bodies'? Baker argues that the complex mental property of first-person perspective enables one to conceive of one's body and mental states as one's own. (shrink)

The first part of this paper finds Craver’s (2007) mutual manipulability theory (MM) of constitution inadequate, as it definitionally ties constitution to the feasibility of idealized experiments, which, however, are unrealizable in principle. As an alternative, the second part develops an abductive theory of constitution (NDC), which exploits the fact that phenomena and their constituents are unbreakably coupled via common causes. The best explanation for this common-cause coupling is the existence of an additional dependence relation, viz. (...) class='Hi'>constitution. Apart from adequately capturing the essential characteristics of constitution missed by MM, NDC has important ramifications for constitutional discovery—most notably, that there is no experimentum crucis for constitution, not even under ideal discovery circumstances. (shrink)

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

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

Adams and Aizawa, in a series of recent and forthcoming papers,, ) seek to refute, or perhaps merely to terminally embarrass, the friends of the extended mind. One such paper begins with the following illustration: "Question: Why did the pencil think that 2+2=4? Clark's Answer: Because it was coupled to the mathematician" Adams and Aizawa ms p.1 "That" the authors continue "about sums up what is wrong with Clark's extended mind hypothesis". The example of the pencil, they suggest, is just (...) an especially egregious version of a fallacy said to pervade the literature on the extended mind. This fallacy, which they usefully dub the " coupling-constitution fallacy ", is attributed, in varying degrees and manners, to Van Gelder and Port, Clark and Chalmers, Haugeland, Dennett, Clark, Gibbs, and Wilson. The fallacy, of course, is to move from the causal coupling of some object or process to some cognitive agent, to the conclusion that the object or process is part of the cognitive agent, or part of the agent's cognitive processing ms p.2). Proponents of the extended mind and related theses, Adams and Aizawa repeatedly assert, are prone to this fallacy in part because they either ignore or fail to properly appreciate the importance of " the mark of the cognitive" viz the importance of an account of "what makes something a cognitive agent". The positive part of Adams and Aizawa's critique then emerges as a combination of the assertion that this "mark of the cognitive" involves the idea that "cognition is constituted by certain sorts of causal process that involve non-derived contents" and that these processes look to be characterized by psychological laws that turn out to apply to many internal goings-on but not currently to any processes that take place in non-biological tools and artifacts. In what follows, I shall try to show why these arguments display nothing so much as mutual failures of communication: crossed wires concealing a couple of real, important, but much more subterranean, disagreements. In particular, I try to show why the negative considerations advanced by Adams and Aizawa fail to successfully undermine the argument for the extended mind, and why their more radical positive story, unless supplemented by implausible additional claims, fails to cast doubt on the claim that minds like ours can extend into the world. (shrink)

The Christian doctrine of the Trinity poses a serious philosophical problem. On the one hand, it seems to imply that there is exactly one divine being; on the other hand, it seems to imply that there are three. There is another well-known philosophical problem that presents us with a similar sort of tension: the problem of material constitution. We argue in this paper that a relatively neglected solution to the problem of material constitution can be developed into a (...) novel solution to the problem of the Trinity. (shrink)

There are five individually plausible and jointly incompatible assumptions underlying four familiar puzzles about material constitution. The problem of material constitution just is the fact that these five assumptions are both plausible and incompatible. I will begin by providing a very general statement of the problem. I will present the five assumptions and provide a short argument showing how they conflict with one another. Then, in subsequent sections, I will go on to show how these assumptions underlie each (...) of the four puzzles. I will conclude by providing an exhaustive taxonomy of possible solutions to the problem. (shrink)

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

Musical Platonists identify musical works with abstract sound structures but this implies that they are not created but only discovered. Jerrold Levinson adapts Platonism to allow for creation by identifying musical works with indicated sound structures. In this paper I explore the similarities between Levinson's view and Kit Fine's theory of qua objects. Fine offers the theory of qua objects as an account of constitution, as it obtains, for example, between a statue and the clay the statue is made (...) out of. I argue that Fine's theory does not adequately characterize the constitution relation and that the problems it faces extend to Levinson's account of musical works as indicated structures. I develop an alternative theory of constitution, based on the notion of being made out of. This approach to constitution enables me to offer an account of musical works as abstract objects that are constituted by sound structures. I argue that my account has several advantages over the Levinson/Fine approach. (shrink)

Are the sculpture and the mass of gold which permanently makes it up one object or two? In this article, we argue that the monist, who answers ‘one object’, cannot accommodate the asymmetry of material constitution. To say ‘the mass of gold materially constitutes the sculpture, whereas the sculpture does not materially constitute the mass of gold’, the monist must treat ‘materially constitutes’ as an Abelardian predicate, whose denotation is sensitive to the linguistic context in which it appears. We (...) motivate this approach in terms of modal analyses of material constitution, but argue that ultimately it fails. The monist must instead accept a deflationary, symmetrical use of ‘materially constitutes’. We argue that this is a serious cost for her approach. (shrink)

Adams and Aizawa, in a series of recent and forthcoming papers ((2001), (In Press), (This Volume)) seek to refute, or perhaps merely to terminally embarrass, the friends of the extended mind. One such paper begins with the following illustration: "Question: Why did the pencil think that 2+2=4? Clark's Answer: Because it was coupled to the mathematician" Adams and Aizawa (this volume) ms p.1 "That" the authors continue "about sums up what is wrong with Clark's extended mind hypothesis". The example of (...) the pencil, they suggest, is just an especially egregious version of a fallacy said to pervade the literature on the extended mind. This fallacy, which they usefully dub the "coupling-constitution fallacy", is attributed , in varying degrees and manners, to Van Gelder and Port (1995), Clark and Chalmers (1998), Haugeland (1998), Dennett (2000), Clark (2001), Gibbs (2001), and Wilson (2004). The fallacy, of course, is to move from the causal coupling of some object or process to some cognitive agent, to the conclusion that the object or process is part of the cognitive agent , or part of the agent's cognitive processing (see e.g. Adams and Aizawa (This volume) ms p.2). Proponents of the extended mind and related theses, Adams and Aizawa repeatedly assert, are prone to this fallacy in part because they either ignore or fail to properly appreciate the importance of " the mark of the cognitive" viz the importance of an account of "what makes something a cognitive agent" (op cit ms p.3). The positive part of Adams and Aizawa's critique then emerges as a combination of the assertion that this "mark of the cognitive" involves the idea that "cognition is constituted by certain sorts of causal process that involve non-derived contents" (e.g. op cit ms p.3) and that these processes look to be characterized by psychological laws that turn out to apply to many internal goings-on but not currently (as a matter of contingent empirical fact) to any processes that take place in non-biological tools and artifacts. In what follows, I shall try to show why these arguments display nothing so much as mutual failures of communication: crossed wires concealing a couple of real, important, but much more subterranean, disagreements. In particular, I try to show why the negative considerations advanced by Adams and Aizawa fail to successfully undermine the argument for the extended mind, and why their more radical positive story, unless supplemented by implausible additional claims, fails to cast doubt on the claim that minds like ours can (without the need for any radically new techniques, technologies or interventions) extend into the world. (shrink)

In metaphysics, the view that material constitution is transitive is ubiquitous, an assumption expressed by both proponents and critics of constitution views. Likewise, it is typically assumed within the philosophy of mind that physical realization is a transitive relation. In both cases, this assumption of transitivity plays a role in discussion of the broader implications of a metaphysics that invokes either relation. Here I provide reasons for questioning this assumption and the uses to which this appeal to transitivity (...) is put. As my title suggests, I shall focus on the case of material constitution, using a brief discussion of realization at the outset to motivate the discussion of the transitivity of material constitution at the core of the paper. (shrink)

A widely held view has it that sometimes there is more than one thing in exactly the same place, as is the case, allegedly, with a clay statue. There is the statue, but there also is a piece of clay—both obviously in the same place yet distinct in virtue of their differing properties, if only modal ones. Those holding this view—pluralists—often describe the relation between such objects as one of constitution, with the piece of clay being said to constitute (...) the statue. In the first part of this paper I consider ways in which the supposed relation of constitution may be understood. I conclude that the only coherent interpretation of ‘x constitutes y’ is one on which it is presupposed that x and y are identical. While this does not, by itself, show that pluralism is false, it is something that should make us suspicious of it. In the second part of the paper I propose a simple way with the temporal and modal facts the pluralist appeals to, showing that they do not force us into accepting his puzzling doctrine. (shrink)

Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations (...) which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive. (shrink)

This paper explores several paths by which the extended cognition thesis may overcome the coupling-constitution fallacy. In so doing, I address a couple of shortcomings in the contemporary literature. First, on the dimension of first-wave EC, I argue that constitutive arguments based on functional parity suffer from either a threat of cognitive bloat or an impasse with respect to determining the correct level of grain in the attribution of causal-functional roles. Second, on the dimension of second-wave EC, I argue (...) that especially the complementarity approach suffers from a similar sort of dilemma as first-wave EC: an inability to justify just what entails the ontological claim of EC over the scaffolding claim of weaker approaches in cognitive science. In this paper I show that two much more promising explanations by which to ground the ontological claim of EC are available, both starting from an exploration of the coordination dynamics between environmental resources and neural resources. On the one hand, I argue that second-wave EC based on cognitive integration, with its focus on bodily manipulations constrained by cognitive norms, is capable of resolving the coupling-constitution fallacy. On the other hand, I argue that the framework of cognitive integration can be supplemented by philosophical accounts of mechanistic explanation, because such accounts enable us to explain the emergence of higher-level cognitive properties due to a system's organization-dependent structure. (shrink)

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

John Rawls proposed, as what he called “the liberal principle of legitimacy,” that coercive exercises of political power can be justified to free and equal dissenters when “in accordance with a constitution (written or unwritten) the essentials of which all citizens, as reasonable and rational, can endorse.” Does “unwritten constitution” there refer to norms of constitutional import, but that subsist only as custom, not as law? To norms that subsist as common law but not as code law? To (...) empirical regularities of political practice, as opposed to normative rules and standards? Which interpretation is best? (shrink)

It has become an academic self-evidence that space can only inadequately be conceptualized as a material or earth-bound base for social processes. This could commend a theoretical view of space as the outcome of action, which brings both social production practices and bodily deployment into focus. The action-theoretical perspective allows the constitution of space to be understood as taking place in perception. Not only are things alone perceived but also the relations between objects. This article develops a space-theoretical concept (...) according to which space is constituted through acts as the outcome of synthesis and positioning practices. This opens up a theoretical perspective defining atmospheres as an external effect, instantiated in perception, of social goods and human beings in their situated spatial order/ing. Exclusion and inclusion are accordingly comprehended in terms of perception of the attunement of places. With reference to Anthony Giddens, this article discusses how space can be understood as a duality of structural ordering and action elements. (shrink)

In her recent book Persons and Bodies1, Lynne Rudder Baker has defended what she calls the constitution view of persons. On this view, persons are constituted by their bodies, where “constitution” is a ubiquitous, general metaphysical relation distinct from more familiar relations, such as identity and part-whole composition.

This paper argues for interpreting Nietzsche along the lines of a self-constitution view. According to the self-constitution view, a person is a kind of creation: we constitute our selves throughout our lives. The self-constitution view may take more than one form: on the narrative version, the self is like a story, while on the Kantian version, the self is a set of principles or commitments. Taking Marya Schechtman’s and Christine Korsgaard’s accounts as paradigmatic, I take the self- (...) class='Hi'>constitution view to emphasize practical considerations and the first person point of view and to conceive of the self as active in self-creation. The interpretation I offer can make sense of Nietzsche’s remarks about self-creation and of many of Nietzsche’s remarks about the self that would otherwise seem contradictory. In particular, Nietzsche’s anti-metaphysical remarks about the self fit well with the self-constitution view as long as they are understood as theoretical claims that do not undermine the importance of the practical point of view. (shrink)

Jeffrey Brower and Michael Rea have proposed a model for the Trinity using a particular understanding of the relation of material constitution. I examine this model in detail and conclude that it cannot succeed. I then suggest, but do not fully develop, a model of the Trinity using an alternative notion of constitution.

Since Husserl, the task of developing an account of intentionality and constitution has been central to the phenomenological enterprise. Some of Merleau-Ponty's descriptions of ‘the flesh’ suggest that he gives up on this task, or, more strongly, that the flesh is in principle incompatible with intentionality or constitution. I show that these remarks, as in Merleau-Ponty's earlier writings, refer to the classical, early Husserlian interpretations of these concepts, and argue that the concept of the flesh can plausibly be (...) understood to advance a refined account of intentionality and constitution. Instead of a first-personal, unidirectional act or embodied motor project, intentionality is a latent openness to things, where the roles of subject and object are reversible. Whereas the view of constitution as meaning-bestowal is untenable, the flesh has a constitutive role, which is supported by a ‘constitutional passivity’ from the subject. On this reading, Merleau-Ponty's later work aims to develop basic tenets of his earlier thought, albeit at a critical distance, an attempt he thought was continuous with the central problems that Husserl claimed a phenomenological philosophy must grapple with, even if Merleau-Ponty's answers to these problems are not Husserl's. (shrink)

The article explores the long-term consequences of permissive constitutional arrangements, drawing on a comparative study of Israel, India and Sri Lanka. In all three countries, constitutional drafters at the foundational stage adopted permissive arrangements that avoided controversial decisions on conflicted identity-related issues. In all three cases, three to six decades after independence, the permissive constitutional approach was replaced by more decisive formal constitutional principles. Such unpermissive constitution making was meant to limit the range of options available for future legislation (...) or constitutional interpretation by courts, and preferred nationalist, religious and ethnocentric identity. This article seeks to investigate why such developments occurred in the three countries, and what can be learned from them about the durability and normative advantages of permissive constitutional arrangements. Empirical analysis of the long-term consequences of permissive arrangements illustrates the limited durability that appeared to characterize some of these arrangements. The present assessment also reveals how in some cases, the main ideational conflict at the heart of the constitutional debates has shifted over the years. Nevertheless, the central argument put forth by this article is that, despite ongoing challenges, permissive constitutional arrangements should still be regarded as a valuable constitutional tool for advancing political compromise and facilitating stable democratic institutions. The analysis demonstrates the crucial role permissive constitutions may have as a political tool designed to circumvent violent conflicts and as an analytical tool, thereby offering insight into current constitutional conflicts over ideational issues. (shrink)

In this paper, I assess the analysis of vagueness of objects in terms of the theory of constitution with respect to the notion of vague identity. Some proponents of the constitution theory see it as an advantage of their account that analysing the spatial and temporal vagueness of objects in terms of the relation of vague constitution avoids commitment to vague identity, which is seen as a controversial notion. I argue that even though the constitution theory (...) may plausibly be applied to the phenomenon of vague boundaries, it fails to account fully for other cases of spatial and temporal vagueness. There are what I call ‘mid-extension’ vagueness cases, in which the tools of the constitution theory applied in the analysis of boundary vagueness are insufficient to avoid commitment to vague identity. (shrink)

Philosophers of mind have been arguing for decades about the nature of phenomenal consciousness and the relation between brain and mind. More recently, neuroscientists and philosophers of science have entered the discussion. Which neural activities in the brain constitute phenomenal consciousness, and how could science distinguish the neural correlates of consciousness from its neural constitution? At what level of neural activity is consciousness constituted in the brain and what might be learned from well-studied phenomena like binocular rivalry, attention, memory, (...) affect, pain, dreams and coma? What should the science of consciousness want to know and what should explanation look like in this field? How should the constitution relation be applied to brain and mind and are other relations like identity, supervenience, realization, emergence and causation preferable? Building on a companion volume on the constitution of visual consciousness, this volume addresses these questions and related empirical and conceptual territory. It brings together, for the first time, scientists and philosophers to discuss this engaging interdisciplinary topic. (shrink)

My aim in this paper is to examine Aristotle's puzzling and contentious claim inPolitics1.13 that the deliberative faculty in women is ‘without authority’ :The freeman rules over the slave after another manner from that in which the male rules over the female, or the man over the child; although the parts of the soul are present in all of them, they are present in different ways. For the slave lacks the deliberative faculty altogether; the woman has it, but it is (...) without authority, and the child has it, but it is immature. (shrink)

An annotated bibliography of important works on material constitution.

Depuis plusieurs décennies, la numérisation des textes anciens et les progrès du TAL pour les traiter et les interroger ont largement modifié nos habitudes de travail. Il est désormais possible d’obtenir des données quantitatives massives qui affinent notre perception des phénomènes linguistiques et stylistiques dans des corpus écrits dans des états de langue anciens. Les corpus numériques créés depuis maintenant près d’un quart de siècle permettent d’envisager plus facilement la dynamique du...