In this paper I argue that constitutive relevance relations in mechanisms behave like a special kind of causal relation in at least one important respect: Under suitable circumstances constitutive relevance relations produce the Markov factorization. Based on this observation one may wonder whether standard methods for causal discovery could be fruitfully applied to uncover constitutive relevance relations. This paper is intended as a first step into this new area of philosophical research. I investigate to (...) what extent the PC algorithm, originally developed for causal search, can be used for constitutive relevance discovery. I also discuss possible objections and certain limitations of a constitutive relevance discovery procedure based on PC. (shrink)

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

An adequate understanding of the ubiquitous practice of mechanistic explanation requires an account of what Craver termed “constitutive relevance.” Entities or activities are constitutively relevant to a phenomenon when they are parts of the mechanism responsible for that phenomenon. Craver’s mutual manipulability account extended Woodward’s account of manipulationist counterfactuals to analyze how interlevel experiments establish constitutive relevance. Critics of MM argue that applying Woodward’s account to this philosophical problem conflates causation and constitution, thus rendering the account (...) incoherent. These criticisms, we argue, arise from failing to distinguish the semantic, epistemic, and metaphysical aspects of the problem of constitutive relevance. In distinguishing these aspects of the problem and responding to these critics accordingly, we amend MM into a refined epistemic criterion, the “matched interlevel experiments” account. Further, we explain how this epistemological thesis is grounded in the plausible metaphysical thesis that constitutive relevance is causal betweenness. (shrink)

Can facts about subpersonal states and events be constitutively relevant to personal-level phenomena? And can knowledge of these facts inform explanations of personal-level phenomena? Some philosophers, like Jennifer Hornsby and John McDowell, argue for two negative answers whereby questions about persons and their behavior cannot be answered by using information from subpersonal psychology. Knowledge of subpersonal states and events cannot inform personal-level explanation such that they cast light on what constitutes persons? behaviors. In this paper I argue against this position. (...) After having distinguished between enabling and constitutive relevance, I defend the claim that at least some facts about subpersonal states and events are constitutively relevant to some personal-level phenomenon, and therefore can, and sometimes should, inform personal-level explanations. I draw some of the possible consequences of my claim for our understanding of personal-level behavior by focusing on the phenomenon of addiction. (shrink)

This paper will examine the nature of mechanisms and the distinction between the relevant and irrelevant parts involved in a mechanism’s operation. I first consider Craver’s account of this distinction in his book on the nature of mechanisms, and explain some problems. I then offer a novel account of the distinction that appeals to some resources from Mackie’s theory of causation. I end by explaining how this account enables us to better understand what mechanisms are and their various features.

One reason for the popularity of Craver’s mutual manipulability account of constitutive relevance is that it seems to make good sense of the experimental practices and constitutive reasoning in the life sciences. Two recent papers propose a theoretical alternative to in light of several important conceptual objections. Their alternative approach, the no de-coupling account, conceives of constitution as a dependence relation that once postulated provides the best explanation of the impossibility of breaking the common cause coupling of (...) a macro-level mechanism and its micro-level components. This entails an abductive view of constitutive inference. Proponents of the NDC or abductive account recognize that their discussion leaves open a big question concerning the practical dimension of the notion of constitutive relevanssssce: Is it possible to faithfully reconstruct constitutional reasoning in science in terms of a failure to de-couple, via interlevel experiments, phenomena from their mechanistic constituents? Focusing on the field of memory and long-term potential research, this article argues that the abductive account provides a more adequate description of interlevel experiments in neuroscience. We also suggest that the account highlights some significant practical recommendations of how to interpret the findings of interlevel experiments. 1Introduction 2Mutual Manipulability and Constitutive Relevance 2.1Constitutive relevance through an interventionist lens 2.2Mutual manipulability: A methodological application 3Trouble for the Mutual Manipulability Account 4The Abductive Account of Constitution 5The Abductive Account: A Methodological Application 5.1Long-term potential and memory experiments 5.2A comparative summary 6Conclusions. (shrink)

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

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

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

This paper provides an account of the experimental conditions required for establishing whether correlating or causally relevant factors are constitutive components of a mechanism connecting input (start) and output (finish) conditions. I argue that two-variable experiments, where both the initial conditions and a component postulated by the mechanism are simultaneously manipulated on an independent basis, are usually required in order to differentiate between correlating or causally relevant factors and constitutively relevant ones. Based on a typical research project molecular biology, (...) a flowchart model detailing typical stages in the formulation and testing of hypotheses about mechanistic components is also developed. (shrink)

In what sense are the activities and properties of components in a mechanism explanatorily relevant to the behavior of a mechanism as a whole? I articulate this problem, the problem of constitutive relevance, and I show that it must be solved if we are to understand mechanisms and mechanistic explanation. I argue against some putative solutions to the problem of constitutive relevance, and I sketch a positive account according to which relevance is analyzed in terms (...) ofrelationships of mutual manipulability between the behavior of a mechanism as a whole and the properties and activities of its components. My account is a causal-mechanical account in the sense that it is a particular expression of the idea that constitutive explanation is a matter of showing how an explanandum phenomenon is situated within the causal structure of the world. It is thus offered as a rival to epistemic (argument-centered) and psychological accounts of interlevel explanation. (shrink)

Contemporary political discourse is marked with the language of democracy, and Western countries in particular seek to promote democracy at home and abroad. However, there is a sublimated conflict in general political discourse between a desire to rely on alleged political experts and a desire to assert the supposed common sense of all men. Can the struggle between the democratic and aristocratic values embodied in this conflict be reconciled? The question is perennial, and raises issues that are central to constitutional (...) design. Aristotle, developing in significant ways insights made by his teacher Plato, grapples with it in his Politics. Aristotle's views on these matters are relevant—by way of the American Founders'—to contemporary American politics and modern democracies generally. During the eighteenth century, the Founders, some of whom explicitly reached back to Aristotle's work, also struggled—especially in The Federalist Papers—with these thorny issues of constitutional design. They created the U.S. Constitution in part to address these very same problems and issues. We are living in some ways, then, in the shadow of Aristotle's political theorizing, albeit as transposed by the American Founders. Both Aristotle and some of the American Founders theoretically favor aristocracy over democracy, but concede that in practice a blend of the two has to be integrated into the fundamental structure of political society. We need to reconnect with these important political discussions in order to come to terms with aristocratic and democratic values in our current circumstances. Footnotesa I am grateful to Fred Miller and David Keyt for many helpful suggestions and thoughtful questions throughout the editing process. I would also like to thank Irfan Khawaja for valuable feedback on an earlier version of this essay. (shrink)

This article maintains that it is the constitutional responsibility of the courts, here the courts of the State of Michigan, to engage in judicial policymaking in the process of formulating common law rules. The article is written in response to the views expressed by some Justices of the Michigan Supreme Court that separation of powers concerns should impose significant limits on the power of the courts to establish and develop the common law of Michigan. Specifically, the contention is that policymaking (...) is exclusively the province of the legislature, so that the courts cannot properly formulate common law rules that may have significant social and economic effects. The article strongly disagrees with the proposition that there is any kind of constitutional constraint, either prudential or structural, on the power, and indeed, the constitutional responsibility of the Michigan courts (or the courts of any state) to engage in judicial policymaking in the process of formulating common law rules.The judicial power given to the Michigan courts by the Michigan Constitution includes the power to do what courts have always done in the Anglo-American legal system. The judicial power gives the courts the responsibility to adjudicate controversies between private persons and in the process to develop a common law through the workings of binding precedent and stare decisis. In so doing, the courts may properly take into account considerations of social and economic policy just as the legislature does when it engages in the process of enacting legislation. The difference between what the courts do and what the legislature does is a difference in process, not a difference in substance. Judicial policymaking takes place within the judicial process, that is, in the adjudication of controversies between persons in which the courts promulgate common law rules. The common law develops in a line of growth through the workings of binding precedent and stare decisis, and to the extent that there are limitations on the development of the common law, these are limitations that inhere in the judicial process itself. When the courts, for example, consider whether a new claim or a new defense should be recognized by the common law, they must consider whether that new claim or defense properly follows in the line of growth from existing doctrine and precedent. But if the courts conclude that it does, that is, if the claim or defense is consistent with the line of growth of existing doctrine and precedent, the courts are not constrained from recognizing the claim or defense on the ground that the substance of the claim or defense is a matter for the legislature rather than for the courts or that the resulting common law rule may have significant social and economic effects. The legislature, in contrast, enacts legislation through the legislative process. That process is a freewheeling one, often dependent on political compromise and completely unrestrained by the kind of limitations that inhere the judicial process. There is no legislative concept of line of growth, and the legislature can and often does enact legislation that brings about fundamental societal change or reverses the course of public policy. In our constitutional system, the most important questions of public policy are, of course, determined by the Legislature. Where the legislature disagrees with the policy choices reflected in a common law rule, the legislature has the power to enact legislation changing the common law rule. But there are many areas of private law where the legislature has not acted. In our constitutional system, where the matter in issue is not covered or preempted by legislation, the courts may formulate a common law rule to cover that matter, and in so doing may engage in judicial policymaking. Judicial policymaking is a part of the development of the common law, and the courts cannot avoid their responsibility to engage in judicial policymaking to the extent that it is necessary in the process of formulating the common law. As a constitutional matter, there are no separation of powers considerations that prohibit the courts from engaging in judicial policymaking. This part of the article traces judicial policymaking and the common law back to the seminal writings of Oliver Wendell Holmes, Roscoe Pound and Benjamin Cardozo.The article then discusses at length judicial policymaking and the development of the common law in Michigan. It shows that the clearest history of judicial policymaking in development of the common law is the liability-limiting rules of the late nineteenth century that were promulgated in the wake of the Industrial Revolution to protect the newly-emerging industries. During that time the courts in Michigan and elsewhere grafted on to the general principles of negligence law liability rules such as assumption of risk, contributory negligence, and the fellow servant doctrine, all of which had the effect of denying recovery to workers and other victims of industrial accidents. Beginning in the middle of the twentieth century, however, the Michigan Supreme Court began excising its constitutional power to make changes in the common law, expanding significantly the scope of tort liability in Michigan. Emphasizing that "rules created by the court could be altered by the court," and that the court had a "corrective responsibility when dealing with judge-made law," the Court, in approximately a 30 year period: eliminated the imputed negligence doctrine, under which the driver's negligence was imputed to the passenger in the passenger's suit against a third party; eliminated charitable immunity as a defense to a tort action; held that a wife could maintain at tort action for loss of her husband's consortium; abrogated the defense of assumption of risk, which had been applied outside of the employment area, held that there could be recovery for pre-natal injuries and finally abolished contributory negligence as a complete bar to recovery in favor of a comparative negligence approach. In these cases the Court discussed the relevant policy considerations influencing their decisions with respect to the common law rule at issue. In the last quarter century, the Court continued to take into account policy considerations in developing the common law, but not infrequently there was disagreement on the Court as to where policy considerations should lead, with some Justices arguing that policy considerations supported the imposition of tort liability, while other Justices argued that they did not.The article concludes that it has been demonstrated that in the development of the common law of Michigan, the Michigan Supreme Court has at all times engaged in judicial policymaking. From the liability-limiting rules of the late nineteenth century designed to protect the newly-emerging industries in this state, to the Court's exercise of its power to change the common law in Michigan over a 30 year period by expanding significantly the scope of tort liability in Michigan, to its recognition of new claims, such as a child's right to recover for loss of a parent's consortium caused by a negligent injury, to its imposition of limits on tort recovery, such as the open and obvious doctrine, the Court has invoked considerations of policy in support of its decisions. In these cases, the Court's invocation of policy considerations was sometimes accompanied by substantial disagreement among members of the Court over where policy should lead, but at no time did the Court ever suggest that separation of powers considerations should somehow operate as a kind of restraint on the Court's use of policy in the development of the common law. It is the power and responsibility of the Michigan Courts under the Michigan Constitution to make policy choices in formulating the common law. (shrink)

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

Mechanistic approaches are very common in the causal interpretation of biological and neuroscientific experimental work in today’s philosophy of science. In the mechanistic literature a strict distinction is often made between causal relations and constitutive relations, where the latter cannot be causal. One of the typical reasons for this strict distinction is that constitutive relations are supposedly synchronic whereas most if not all causal relations are diachronic. This strict distinction gives rise to a number of problems, however. Our (...) end goal in this paper is to argue that it should be given up, at least in the context of the biological and the psychological sciences. To that effect, we argue that constitutive relations in this context are diachronic, thus undermining the aforementioned reason. We offer two cases from scientific practice in which constitutive relations are regarded as both diachronic and causally efficacious, review three existing ways of dealing with the apparent diachronic nature of interlevel relations in mechanisms and propose a new account of diachronic, causal constitutive relevance. (shrink)

Bonginkosi Shozi and Donrich Thaldar’s (2023) contribution is relevant to epistemic justice, which involves efforts to develop an inclusive and global bioethics that takes seriously perspectives fr...

Reviews of business ethics usually differentiate the field in terms of prescription as opposed to description: the application of normative ethical theory verses empirical analysis. Despite recent departures from this dualism, through the elaboration of what has been called postmodern business ethics, the metatheoretical basis of this (increasing) pluralism of business ethics remains opaque. This paper attempts to provide some reflexive clarification and, using codes of ethics as an example, to show that the diversity of business ethics is neither chaotic (...) nor haphazard. It explores how variable metatheoretical assumptions about the epistemic status of ethical and social scientific knowledge systematically lead to the constitution of four distinct modes of engagement in business ethics: prescriptive ethics; descriptive ethics; postmodern ethics; and critical ethics. This diversity is illustrated, with examples from the relevant literatures, in terms of variation in: the aims of business ethics; its organisational focus; the role of the business ethicist; how corporate codes of ethics are construed; the internal contradictions and tensions that arise. We conclude by examining the pre-paradigmatic status of these four modes of engagement and speculating about their future. (shrink)

This article draws on Husserl’s manuscripts from the 1920s and 1930s (especially on the as-yet unpublished D-manuscripts), arguing that each concrete experience is governed by an irreducible tension between two intersecting normative dimensions: primordial and intersubjective. Husserl’s ideas of normality and normativity have gained a lot of attention in recent years, but the normative aspects of primordial constitution have not been properly taken into account. By arguing for the “normative tension” between the primordial and the intersubjective, this article contributes to (...) filling in this lack. By doing so, it sheds new light on the debate concerning the relationship between genetic and generative phenomenology, challenging interpretations that exclusively render either the genetic-primordial or the generative-intersubjective as the constitutive absolute. (shrink)

The notions of types of dialogue and dialectical relevance are central themes in Walton’s work and the grounds for a dialectical approach to many fallacies. After outlining the dialogue models constituting the background of Walton’s account, this article presents the concepts of dialectical relevance and dialogue shifts in their application to biased argumentation, fallacious moves, and illicit argumentative strategies. Showing the different dialectical proposals Walton advanced in several studies on argumentation as a development of a dialogical system, it (...) has proved possible to highlight the fundamental aspects of his theory in a comprehensive model of communication and interaction. (shrink)

In recent years, many philosophers of modern physics came to the conclusion that the problem of how objectivity is constituted (rather than merely given) can no longer be avoided, and therefore that a transcendental approach in the spirit of Kant is now philosophically relevant. The usual excuse for skipping this task is that the historical form given by Kant to transcendental epistemology has been challenged by Relativity and Quantum Physics. However, the true challenge is not to force modern physics into (...) a rigidly construed static version of Kant's philosophy, but to provide Kant's method with flexibility and generality. In this book, the top specialists of the field pin down the methodological core of transcendental epistemology that must be used in order to throw light on the foundations of modern physics. First, the basic tools Kant used for his transcendental reading of Newtonian Mechanics are examined, and then early transcendental approaches of Relativistic and Quantum Physics are revisited. Transcendental procedures are also applied to contemporary physics, and this renewed transcendental interpretation is finally compared with structural realism and constructive empiricism. The book will be of interest to scientists, historians and philosophers who are involved in the foundational problems of modern physics. (shrink)

D'où la démocratie tire-t-elle sa valeur? De ce que le plus grand nombre y exerce le pouvoir politique? Ou bien de la protection des droits et des libertés que ses institutions législatives, exécutives et judiciaires y garantissent à chaque personne? Connu en France en tant que philosophe du droit, penseur du libéralisme et des fondements de la justice sociale, Ronald Dworkin a aussi développé une conception originale de la démocratie. Pour lui, la démocratie n'est pas une procédure, mais une communauté, (...) organisée autour des principes de participation, de réciprocité et d'indépendance éthique. Ces principes politiques et moraux sous-tendent la constitution et informent les relations entre ses citoyens. C'est pourquoi l'opposition entre autogouvernement et protection des libertés relève d'une fausse alternative : les juges constitutionnels, en particulier, qui ont la charge d'interpréter le sens et l'étendue des droits, ne s'opposent pas à la réalisation de l'idéal démocratique. Au contraire : pour Dworkin, leur rôle est d'assurer que la communauté se gouverne conformément à ses principes et demeure, ainsi, une démocratie authentique. (shrink)

The aim of this article is to argue for a conception of critical social science based on the model of constitutive rules. The author argues that this model is pragmatically superior to those models that employ notions like "illusion" and " ideology," as it does not demand a specification of the "real (but hidden) interests" of social actors. Key Words: constitutive rules • critical theory • ideology • recommendations • social facts.

While ideal interventions are acknowledged by many as valuable tools for the analysis of causation, recent discussions have shown that, since there are no ideal interventions on upper-level phenomena that non-reductively supervene on their underlying mechanisms, interventions cannot—contrary to a popular opinion—ground an informative analysis of constitution. This has led some to abandon the project of analyzing constitution in interventionist terms. By contrast, this paper defines the notion of a horizontally surgical intervention, and argues that, when combined with some innocuous (...) metaphysical principles about the relation between upper and lower levels of mechanisms, that notion delivers a sufficient condition for constitution. This, in turn, strengthens the case for an interventionist analysis of constitution. (shrink)

Recent work on essence describes essence as assimilated to definition. It also posits a plurality of kinds of essence.Howdoes assimilation relate to pluralism? According to one view, a kind of essence is adequate only if it is definitional: something is essential to an item, in the relevant sense, only if it is part of what it is to be that item. In this paper, I argue that assimilation and pluralism are in tension with respect to consequentialist essence. This is problematic (...) given that, as a methodological prescription, some philosophers advise us to work with consequentialist essence. In this paper, I develop a theory of constitutive essence and use it to resolve the problem by defining an adequate notion of consequentialist essence that preserves the methodological prescription. (shrink)

Social constructionist claims are surprising and interesting when they entail that presumably natural kinds are in fact socially constructed. The claims are interesting because of their theoretical and political importance. Authors like Díaz-León argue that constitutive social construction is more relevant for achieving social justice than causal social construction. This paper challenges this claim. Assuming there are socially salient groups that are discriminated against, the paper presents a dilemma: if there were no constitutively constructed social kinds, the causes of (...) the discrimination of existing social groups would have to be addressed, and understanding causal social construction would be relevant to achieve social justice. On the other hand, not all possible constitutively socially constructed kinds are actual social kinds. If an existing social group is constitutively constructed as a social kind K, the fact that it actually exists as a K has social causes. Again, causal social construction is relevant. The paper argues that (i) for any actual social kind X, if X is constitutively socially constructed as K, then it is also causally socially constructed; and (ii) causal social construction is at least as relevant as constitutive social construction for concerns of social justice. For illustration, I draw upon two phenomena that are presumed to contribute towards the discrimination of women: (i) the poor performance effects of stereotype threat, and (ii) the silencing effects of gendered language use. (shrink)

This chapter outlines a novel solution to the problem of the many, according to which objects can be simultaneously constituted by many collections of particles. To support this proposal, it develops a conception of objects that implies it. On this view, objects are fundamentally subjects of change: the changes an object can survive are explanatorily prior to its constitution. From this perspective, PM arises, and objects are multiply constituted because the changes that objects survive are too coarse-grained to distinguish among (...) the many different collections of particles that are candidates for constituting the relevant object. (shrink)

The relevance of the guna theory to applications of Western management practice is seen in this paper as an insight holding capacity to guide managerial behaviour. In its essence, the guna theory depicts values which constitute human personality into a sattwa-rajas delineation of deepened understanding, giving direction to action and which, in turn, illustrates negative values (tamas) likely to cause obstruction. For managers to appreciate this level of understanding, while simultaneously sensing those values which inhibit purposeful action, may be (...) regarded as containing strength in a more intuitive, subjective way than values of moral judgement adopted to guide managerial action in the West. As such, the guna theory has deep relevance in the face of egotistical, contractual or legal values, so often defining the parameters of Western management. (shrink)

Previous research has consistently highlighted the importance of stakeholder engagement in identifying and developing solutions to ethical challenges in genomic research, especially in Africa where such research is relatively new. In this paper, we examine what constitutes good ethical practice in research, from the perspectives of genomic research participants in Uganda. Our study was part of a multi-site qualitative study exploring these issues in Uganda, Ghana and Zambia. We purposively sampled various stakeholders including genomic research participants, researchers, research ethics committee (...) members, policy makers and community members. This paper presents the findings from in-depth interviews with 27 people with diabetes who had participated in a diabetes genomic study. Data were collected using semi-structured interviews. Manual thematic content analysis was conducted using a framework approach. Findings indicate three key requirements that research participants see as vital for genomic research to be more responsive to research participants’ needs and contextual realities: de-emphasising the role of experts and institutions in the consenting process, clarity about the timing and nature of feedback both of findings relevant to the health of individuals and about the broad progress of the study, and more effective support for research participants during and after the study. (shrink)

In Chap. 2 we learned that there are etiological mechanisms that are responsible for phenomena by causing them and that there are constitutive mechanisms that bring about phenomena by constituting them. Still, many questions remain unanswered. First, as argued in Chap. 5, the interventionist approach to constitutive relevance is confronted with several problems and I have not yet explained how we can solve these. Second, as argued in Chap. 4, the notion of activity causation and that of (...) a mechanistic level crucially depend on a clear understanding of mechanistic constitution. So far, I have not said much about what mechanistic constitution is. Besides these open questions, the attentive reader might have wondered: Isn’t there a tension in the reasoning so far? How can etiological mechanisms activity-cause their phenomena, while at the same time their components are causally relevant for the phenomenon? It is common sense among philosophers of causation that production theories such as activity causation, and difference-making accounts such as interventionist causal relevance, have different implications with regard to what counts as a cause and what does not. But how, then, can AE-mechanisms at the same time activity-cause their phenomena and be causally relevant (in the interventionist sense) for them? Indeed, a similar tension seems to arise for constitutive mechanisms as well. On the assumption that mechanistic constitution is a substantial metaphysical notion, whereas constitutive relevance is not, one might wonder how a constitutive mechanism can be constitutively relevant (in the interventionist sense) for a phenomenon and at the same time constitute it (in a to-be-specified metaphysical sense). In this chapter I provide answers to the open questions, and I show how the apparent tension can be resolved. First, I address the causal duality inherent not only in my reasoning but in the new mechanistic thinking in general. Second, in the remaining sections, I discuss the notions of constitutive relevance and mechanistic constitution. I start with a summary of what we have learned about constitutive mechanisms so far. Then I provide a solution to the problems afflicting the interventionist approach to constitutive relevance as discussed in Chap. 5. I will argue that constitutive relevance indeed can be spelled out in terms of causal relevance, which allows for a solution of the problems. Still, I will show how we can maintain the central assumption that causal and constitutive relevance are mutually exclusive relations in the sense that if X is causally relevant for Y, it cannot be constitutively relevant for Y, and vice versa. I will show how this idea not only can solve the problems discussed in Chap. 5, but can also make sense of a non-mysterious notion of interlevel causation. Finally, I will explain what I take mechanistic constitution to be—the metaphysical counterpart of constitutive relevance. (shrink)

The metaphor of 'dialogue' has been put to different descriptive and evaluative uses by constitutional and political theorists studying interactions between institutions concerning rights. It has also featured prominently in the opinions of courts and the rhetoric and deliberations of legislators. This volume brings together many of the world's leading constitutional and political theorists to debate the nature and merits of constitutional dialogues between the judicial, legislative, and executive branches. Constitutional Dialogue explores dialogue's democratic significance, examines its relevance to (...) the functioning and design of constitutional institutions, and explores constitutional dialogues from an international and transnational perspective. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

The notion of "relevance" in philosophy is ultimately determined by a notion of "utility" that has been present in American culture from very early on. In Democracy in America, Tocqueville stated that "Democratic nations... prefer the useful to the beautiful, and... require that the beautiful should be useful". Today, the issues of utility and relevance are motivations for a congress which threatens to drastically cut funding for humanities programs around the country. At a time when employment in the (...) academy is sporadic at best, how might one respond philosophically in light of the current congressional threat? John Lachs responds by criticizing what he calls, "the professionalization of philosophy". Rather than focusing inquiries on the problems and concerns of everyday life, philosophers "linger over abstract details of technique". Ultimately, Lachs' concern is that such hyperspecialization will only alienate the practice of philosophy from the rest of society: "so long as philosophers talk about philosophical texts to other philosophers in a mysterious philosophical language, they cannot keep faith with their mission. Isolated and irrelevant, we will become the butt of jokes, and our departments will be marked... for eradication". In contrast to such "professionalization," Lachs provides us with a book of essays that are "united by the belief that philosophical reflection can yield results and by the desire to harness them to the service of improving life". Lest the reader too quickly assume the facile distinction between "history of philosophy" and "original philosophy," it must be noted that Lachs brings a wealth of knowledge regarding historical figures to bear on the problems which he addresses. One finds Aristotle, Hegel, Mill, James, Peirce, Santayana, Dewey and others, all being invoked in the interest of elucidating and understanding issues such as dogmatism, violence, alienation, technology, education, law, and euthanasia Lachs' overriding concern, however, is that of "mediating relations" "in which individuals perform actions on behalf of others". While such relations may be necessary in order to allow people to perform specialized societal roles more efficiently, they also separate people from the other specialized roles in which they do not take part. The unfortunate consequence is that most people do not have "even an elementary understanding of social life, economic reality, the interplay of activity and happiness, or the structure and needs of our bodies," because "the mediated world denies them the opportunity to learn by direct experience". Relevant philosophy must clear away the abstract and specialized language, which alienates the normal reader and draws philosophers away from learning by direct experience. It is not surprising, therefore, that Lachs' prose is extremely clear and accessible. Such prose works exceptionally well in "Life And Death", where Lachs engages the difficult questions regarding the constitution of a human life, the viewing of death as "a natural and appropriate end to a satisfying life", and the termination of the "lives" of beings who--like the hydroencephalic child --cannot develop into actual human beings, but remain only as "human forms". Whether one agrees with Lachs' positions on these issues or not, his straightforward and unmediated prose bespeaks a courage which is admirable. (shrink)

Many of the arguments for neuroeconomics rely on mistaken assumptions about criteria of explanatory relevance across disciplinary boundaries and fail to distinguish between evidential and explanatory relevance. Building on recent philosophical work on mechanistic research programmes and the contrastive counterfactual theory of explanation, we argue that explaining an explanatory presupposition or providing a lower-level explanation does not necessarily constitute explanatory improvement. Neuroscientific findings have explanatory relevance only when they inform a causal and explanatory account of the psychology (...) of human decision-making. (shrink)

Évidemment, penser une constitution européenne ne relève pas de la compétence propre et exclusive des juristes. Les philosophes, les historiens, les politistes, les économistes, les psychanalystes ont, chacun dans leur domaine, des titres à faire valoir pour fonder également leur légitimité à parler « constitution européenne » ; les hommes politiques, les partis, les associations,..

Our beliefs and inferential transitions are subject to evaluation as rational or irrational by reference to general epistemic norms. But what could determine certain norms as the correct ones? This chapter explores and opposes the answer that certain patterns of belief formation are justified by virtue of the fact that they constitute the relevant concepts or the meanings of the relevant words. This ‘semantogenetic’ proposal goes back to Hilbert, Poincare, and the logical positivists, and was recently defended by Boghossian, Peackocke, (...) Hale, and Wright. Among the arguments developed against it are that although it might account for the epistemic legitimacy of certain beliefs, it cannot explain why certain commitments are epistemically obligatory; and that the practices that provide words with their meanings are ‘conditionalized’ and therefore do not coincide with the practices recommended by our epistemic norms. (shrink)

There is a tension between the idea of popular sovereignty and our understanding that basic constitutional rights and liberties have a normative authority which is independent from the results of democratic decision‐making procedures. On the one hand there is the claim that the content of political justice, at least as far as the basic liberties are concerned, is to be fixed solely by substantive moral and political argument, while on the other there is the claim that it is the people (...) who determine the specific scheme of basic liberties that they live under. The apparent tension between the two claims can be resolved by introducing, firstly, a distinction between the concept of justice and the concept of legitimacy and, secondly, between proto‐rights and constitutional rights. Unlike constitutional rights, proto‐rights are moral, not legal, rights, and they are less specific than constitutional rights: one set of proto‐rights allows for various schemes of legal constitutional rights. Proto‐rights are part of the principles of justice and can be established only by substantive argument while constitutional rights have to be established by the procedures of democratic legitimization, and, therefore, they are a result of the exercise of popular sovereignty. The correlated distinctions between justice and legitimacy, and between proto‐rights and constitutional rights, allow us to specify the scope of the two claims and, hence, to affirm both simultaneously. The philosophical and legal relevance of the distinctions made is elucidated by a brief discussion of the constitutional rights of freedom of speech in the US and Germany. (shrink)

This collection explores some of the many ways in which constitutional orders engage with, and are shaped by, their exteriors. Constitutional and legal theory often marginalize 'foreign' elements, such as norms originating in other legal systems, the movement of individuals across borders, or the application of domestic law to foreign affairs. In The Double-Facing Constitution, these instances of boundary crossing lie at the heart of an alternative understanding of constitutions as permeable membranes, through which norms can and sometimes must travel. (...) Constitutional orders are facing both inwards and outwards - and the outside world influences their interiors just as much as their internal orders help shape their surroundings. Different essays discuss the theoretical and historical foundations of this view, and its contemporary relevance for areas as diverse as migration law, the conflict of laws, and foreign relations law. (shrink)

Although the second book of Aristotle’s Politics distinguishes between proposed and existing constitutions, careful examination of the criteria which Aristotle uses to judge Plato’s Republic and the Spartan constitution blurs the relevance of such a division. Aristotle uses the same four criteria to evaluate both constitutions and scholars have failed to appreciate that he uses the same criteria to organize his presentation of many of the arguments in Politics 2. By contrast, Aristotle discounts the criteria of stability in Politics (...) 2. Aristotle’s selective use of criteria calls into question the claim that his best regime can serve as a regulative ideal for judging existing constitutions. (shrink)

My dissertation is a systematic defense of the moral relevance of alternative possibilities. As such, it constitutes an attack on semi-compatibilism. ;To begin, then, I defend alternative possibilities against three related but independent lines of criticism. The most prominent of these is Harry Frankfurt's now famous counterexample strategy in which cases are constructed that purport to show that a person can, in fact, be responsible even when he cannot do otherwise. Another line of criticism is John Fischer's "flicker of (...) freedom" argument, which builds on Frankfurt-type argumentation by challenging the "robustness" of alternative possibilities. Finally, some recent critics of alternative possibilities have developed "reasons-responsiveness" accounts of moral responsibility that seem further to invalidate the importance of the power to do otherwise. By extending traditional concerns and developing new objections, I argue that room remains for the possible relevance of an alternative possibilities condition on moral responsibility. ;I try to make a positive case for the plausibility of relevance by offering reasons to think that the ability to do otherwise plays an important role in our moral life. Alternatives are important, I argue, because giving up a "freedom to do otherwise" condition would put us in an epistemic bind with respect to our responsibility. That is, the kind of confidence we ordinarily have in our own moral responsibility would be unjustified if it turned out that we do not have alternatives. A second consideration in favor of the relevance of alternatives is distinctively moral. I explore and exploit the relationship between the ability to do otherwise and the putatively Kantian idea that "ought" implies "can," concluding that the semi-compatibilist must either reject both alternative possibilities and the Kantian thesis, or accept that people would not be blameworthy for their moral failures under determinism. Neither option is attractive. ;I conclude, then, that there is good reason to believe that alternative possibilities are necessary for moral responsibility and that semi-compatibilism should be rejected. Our intuitions about the importance of being able to do otherwise can still factor into the traditional arguments to the conclusion that moral responsibility is incompatible with causal determinism. (shrink)

The paper looks at the establishment of religion clause in the First Amendment to the US Constitution, and cases, e.g. Brown v. Gilmore, followed by Croft v. Perry and Sherman v. Koch, cases that relate to the concept of the “moment of silence” in educational institutions in which it was claimed that such events constitute a breach of the establishment clause. Courts have been inconsistent in their decision-making, which may indicate a lack of transparency not only in the interpretation of (...) the relevant phrase in the Constitution but also in the judicial interpretation of the “three-pronged test” with regard to “excessive entanglement” as laid out in Lemon v. Kurtzman of 1971. The paper discusses the “moment of silence” within the framework of a model of silence in which this type of silence would be labeled as either textual or situational silence. (shrink)

Relevance with regard to the social sciences can be presented as a new imposition from external stakeholders and an obligation imposed upon the individual researcher. As an alternative approach, we place relevance in a larger institutional but also historical perspective. Taking the case of two non-traditional locations for the social sciences, we suggest that ‘relevance’ has been actively constitutive of both institutions from the beginning—even if the definition and practice of relevance have been matters of (...) discussion, change and contestation. In what we describe as a process of multi-layering, relevance has over time accumulated new meanings which can co-exist with older concerns. It follows that, even when universities express a commitment to relevance, the enactment of that commitment will be open to competing interpretations. Our account identifies an element of circularity as old issues return in new form. We also note that both the institutional past and organizational complexity can be overlooked within contemporary discussions. Relevance is not a static concept around which critical debate then circulates. Its contextuality, case-specificity and multi-dimensionality make it difficult to impose from above. Nevertheless, the shifting construction of its meaning and enactment provokes questions about the identity and purpose of both the social sciences and the universities. (shrink)

This paper will provide support for relationalism; the claim that the identity of objects is constituted by the totality of their relations to other things in the world. I will consider how Kit Fine’s criticisms of essentialism within modal logic not only highlight the inability of modal logic to account for essential properties but also arouse suspicion surrounding the possibility of nonrelational properties. I will claim that Fine’s criticisms, together with concerns surrounding Hempel’s paradox, show that it is not possible (...) to provide a satisfactory account of certain properties in abstraction from their place within a wider context. Next, we will shift attention to natural kinds and consider the notion that relevance plays in metaphysical accounts of identity, by examining Peter Geach’s notion of relative identity. I will argue that the intensional relation between subject and object must be included in a satisfactory account of metaphysical identity. (shrink)

Suppose we agree to reject the view that privacy has narrow scope and consequently is irrelevant to the constitutional privacy cases. We then have (at least) these two options: (1) We might further emphasize and draw out similarities between tort and constitutional privacy claims in order to develop a notion of privacy fundamental to informational and Fourth Amendment privacy concerns as well as the constitutional cases. We can cite examples indicating this is a promising position. Consider consenting homosexuality conducted in (...) one's home, for instance. We view it as a private matter, whether the state is seeking to regulate the behavior, or if others are attempting to gain or exploit information about it. I believe basic conceptual similarities between tort and constitutional interests can be identified by showing that there is a range of similar reasons for protecting both tort and constitutional privacy concerns. We might worry, however, that a comprehensive concept of privacy may be too general to be very useful, given that privacy violations can be so diverse, and can arise, for example, from misuse of confidential information, from conduct that is intrusive even if no information is gained or disclosed, from disturbance of an intimate relationship, or from disruption of various other important aspects of one's life.(2) We could concede that whatever “privacy” means in the tort and Fourth Amendment cases, it means something different in the constitutional cases. Nevertheless, we might take that “something else” seriously as a distinct but legitimate use of the term which is not “spurious” but is reflected in our ordinary language. This appears to me to be a fruitful alternative. After all, contrary to Henkin's view that tort privacy is “what most people mean by privacy,” the term is often used in contexts beyond informational privacy and clearly related to the interests at stake in the constitutional cases. Thus, for example, in a pamphlet explaining how to protect children by teaching them how to say “No!” to strangers without making them paranoid or antisocial, parents and teachers are told, Children have a right to privacy. Teach it. Reinforce it. One of the ways to help children prevent sexual assault is to encourage them to develop a sense of physical integrity. A sense that they have a right to their own body space and privacy. Just as we allow them to close the door when they use the bathroom, we must allow them to say no to any unwanted physical affection and touch. Flora Calao and Tamar Hosansky, “The Key to Having Fun is Being Safe: Teaching Personal Safety to Children,” The Safety and Fitness Exchange, 1123 Broadway, N.Y., N.Y. 10010. Unfortunately, the most obvious starting point for identifying the sense of private relevant to the constitutional cases is extremely worrisome. The Court itself has said ... only personal rights that can be deemed “fundamental”...are included in this guarantee of personal privacy...the right has some extension to activities relating to marriage...procreation...contraception...family relationships... and child rearing and education.Roe v. Wade, 410 U.S. 113 (1973).The difficulty, of course, is that little more is offered by way of explanation of which rights are “personal” or “fundamental” or both. Focusing on marriage makes Roe v. Wade difficult to understand given that Ms. Roe was unmarried, and attending only to family issues does not help us make sense of the Stanley case protecting one's right to view pornography in one's home. It is perhaps more problematic that decisions such as what color shoes to wear are reasonably viewed as personal, yet are far from fundamental enough to warrant protection. And regulations governing the draft and employment, for example, are not viewed as privacy invasions although they might be said to interfere with matters of one's life that are both fundamental and personal in the vague sense described.Before we give up in frustration, however, I would urge that we recall that even in tort law the notion of privacy has been evolving through a constellation of judgments. Although there is no fixed way of using the term which we then proceed to analyze, the concept of privacy has not in those cases been taken to be meaningless or empty. Similarly, there is reason to believe that the scope of a “personal and fundamental” notion of privacy relevant to the constitutional cases can be further delineated through a consideration of cases, especially since it seems to me that in many cases application of the term is clear and unproblematic. A decision to have a vasectomy, for example, can uncontroversially be said to be a personal and fundamental one, and it is in that sense private. We fail to acknowledge the personal significance in an individual's life of forcing or refusing him the operation if we deny that this important sense of privacy is relevant to such a decision merely because an interest in determining for oneself what one ought to do is also at risk.Of course, once it is settled that something is a private matter, it is a separate issue to decide whether or not, in some social context, an invasion of it can be justified. Thus, I would claim, a mandatory sterilization program for male recidivists or for those in a country suffering grave poverty and overpopulation does invade privacy, and the social or legal question is whether or not the invasion can, in the particular circumstances, be justified. Although all will agree that both individual and social interests must be balanced by moral philosophers as well as the courts, in conflicts we will not always agree on the weight to be accorded individual claims.I have not provided a constitutional defense for citing privacy as one right at stake in the constitutional privacy cases. Nor have I attempted to enter the debate about how strictly to interpret the Constitution. But if I am correct, then we can agree there is an important interest in privacy at issue in those cases without merely conflating privacy and autonomy or liberty, and can continue the process of marking out its boundaries. If we reach such agreement, we will have made considerable progress. Moreover, the implications of this view are significant. Current constitutional standards, controversial though they may be, require “strict scrutiny” for cases concerning “fundamental values,” and privacy has been judged to be one such value. Thus these privacy claims have a greater chance of being protected when they conflict with other rights or general interests than they would have if only liberty, or freedom from governmental interference, were involved. (shrink)

The question of the character of constitutional rights norms is complex and admits of no easy answer. Without reducing the complexity of the issue, I attempt in this paper to formulate some clear views on the matter. I shall argue that constitutional rights reasoning is a species of rational practical reasoning that combines both balancing (as Robert Alexy admits) and the grounds as to why balancing is appropriate (deontological constraints). Absent the latter type of reason, the application of constitutional principles (...) remains a pure instance of balancing. Each time those reasons are touched upon, however, balancing becomes subject to deontological constraints. Yet deontological reasons are neither self-proclaiming nor complete. Rather they require for their articulation the background of an already operational practice of practical (legal) reasoning. This practice exemplifies what I shall dubthe structure of autonomy, that is, a set of regulative ideals, not yet definitive norms, that derive from the reflective character of human agency. This structure comes to light when one turns to the agent’s point of view – to the point of view of someone who is engagedreflectivelywith practical questions (questions about rights arepar excellencequestions of this type). The structure of autonomy is more fundamental than any deontological or teleological reasons: it is in its light that deontology and teleology need to be understood as representing merely complementary forms of argument, which can be employed in reasoning that aims to maximise constitutional rights provisions. At the same time, the structure of autonomy as a regulative ideal generatesprima faciereasons for allocating greater weight to deontological arguments in the relevant contexts of balancing. Such prima-facie reasons do not prescribe fully-fledged deontological constraints, but merely set the burden of proof in favour of specific reasons and ensure that the structure of autonomy be respected overall. (shrink)