A traditional argument based on Leibniz’s Law concludes that, for example, a statue and the piece of marble of which it is made are two different objects. This is because they have different properties: the statue can survive the loss of some of its parts but the piece of marble cannot. Lynne Rudder Baker adds that the piece of marble constitutes the statue. In this paper I focus on what I think is the most powerful objection to Baker’s account of (...) the constitution relation, which has to do with her notion of circumstances. I present the objection following Derk Pereboom’s formulation and, afterwards, I analyse Baker’s answers to the criticism. I conclude that they make her overall project less attractive. Finally, I propose a new answer to the criticism. This will suppose a new formulation of the constitution relation, albeit done in the spirit of Baker’s account. (shrink)

I defend the claim that in psychological theories concerned with theoretical or practical rationality there is a constitutive relation between normative and descriptive theories: Normative theories provide idealized descriptive accounts of rational agents. However, we need to resist the temptation to collapse descriptive theories with any specific normative theory. I show how a partial separation is possible.

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)

We respond to Jack Vromen’s critique of our discussion of the missing micro-foundations of work on routines and capabilities in economics and management research. Contrary to Vromen, we argue that inter-level relations can be causal, and that inter-level causal relations may also obtain between routines and actions and interactions; there are no macro-level causal mechanisms; and on certain readings of the notion of routines and capabilities, these may be macro causes.

This article proposes an empirical approach to understanding the life of an organism that overcomes reductionist and dualist approaches. The approach is based on Immanuel Kant’s analysis of the cognitive conditions required for the recognition of an organism: the concept of teleology and the assumption of a formative power of self-generation. It is analyzed how these two criteria are applied in the cognition of a developing organism. Using the example of a developmental series of a plant leaf, an active and (...) relational process between observer and developing organism is shown, within which the teleology and self-generating power of the organism can be empirically observed through the mental faculties of understanding and will. Furthermore, it is emphasized that, according to Kant, even physical objects are not readily given, but are actively constituted through the unification of sense perceptions with concepts. This Kantian mode of objectification facilitates cognition of the physical properties of an organism. It can be supplemented with a participatory and co-constitutive mode of realization, in which the life of the organism (its teleologically organizing and self-generating power) can become an object of empirical research. Furthermore, it is argued that the participatory mode also facilitates an expanded conception of nature that allows for the existence of living beings within it. Finally, an analogy to Goethe’s approach to the living organism is highlighted. In summary, it is stated that to understand life, one must consciously participate in it. (shrink)

According to the so-called "standard account" regarding the problem of material constitution, a statue and a lump of clay that makes it up are not identical. The usual objection is that this view yields many objects in the same place at the same time. Lynne Rudder Baker's theory of constitution is a recent and sophisticated version of the standard account. She argues that the aforementioned objection can be answered by defining a relation of being the same P as (sameP). (...) In this paper I shall examine consequences of her response and show that sameP has wrong formal properties, as a result of which this solution cannot be accepted. (shrink)

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)

Constitution is the relation between something and what it is made of. Composition is the relation between something and its parts. I examine three different approaches to the relation between constitution and composition. One approach, associated with neo-Aristotelians like Mark Johnston and Kathrin Koslicki, identifies constitution with composition. A second, popular with those sympathetic to classical mereology such as Judith Thomson, defines constitution in terms of parthood. A third, advocated strongly by Lynne Baker, takes constitution to be (...) somehow inconsistent with relations of parthood. All of these approaches, I argue, face serious problems. I conclude, tentatively, that constitution and composition have nothing to do with each other. (shrink)

For all post-1970s effort expended on the topic, the most central and important question about vagueness—what it is: what, specifically, something’s being a borderline case of a vague expression consists in—has seldom been tackled with the theoretical explicitness necessary if issues expectably downstream of it, like the nature of valid inference among vague statements, or the Sorites paradox, are to receive a properly motivated treatment. The great interest of Chapter V of The Things We Mean is that it points the (...) way towards a new kind of approach, according to which vagueness is constitutively a psychological phenomenon, grounded in the characteristic propositional attitudes of practitioners of vague discourse. It’s uncontroversial that a vague expression is one whose presence in a sentence contributes towards there being, at least in principle, situations which present borderline cases of its truth; for Schiffer, it is the status of such a situation as a borderline case that is grounded in the characteristic psychology of thinkers who appraise the sentence in that situation. (shrink)

Some clerics (ulama) in the Islamic world are of the view that practical politics is closely related to Islam, which regulates how an order of state is run. This view historically departs from Islamic constitutional jurisprudence texts that justify political Islam. Likewise, some Islamic boarding schools’ (pesantren) clerics, better known as kyai in Indonesia, are of the view that practical politics is not only a world affair but also an activity based on the application of Islamic legal principles in achieving (...) public welfare. This study aims to determine the academic basis of pesantren ulama in making decisions to be active in practical politics in Indonesia. Using a qualitative approach through interviews, the results of this study indicate that the political decisions of pesantren ulama are strictly based on the perspective of political Islam and fiqh principles that justify the involvement of ulama in politics. Furthermore, the conclusion leads to three perspectives in political motivations for pesantren’s ulama: to gain power, to preach Islamic values, and to demonstrate the existence of ulama in modern state administration.Contribution: The contribution of the study is to describe the permissibility of politics as an alternative to preaching and to show the existence and ability of ulama in state administration. (shrink)

I argue that the constitution relation transmits causal efficacy and thus is a suitable relation to deploy in many troubled areas of philosophy, such as the mind–body problem. We need not demand identity.

The phenomenological theory of constitution promises a solution for the problem of consciousness insofar as it changes the traditional terms of this problem by systematically correlating subject and object in the unifying context of intentional acts. I argue that embodied constitution must depend upon the role of kinesthesia as a constitutive operator. In pursuing the path of intentionality in its descent from an idealistic level of pure constitution to this fully embodied kinesthetic constitution, we are able to gain access (...) to different ontological regions such as physical thing, owned body and shared world. Neuroscience brings to light the somatological correlates of noemata. Bridging the gap between incarnation and naturalisation represents the best way of realizing the foundational program of transcendental phenomenology. (shrink)

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

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)

Let us call dispositional monism the view that all natural properties have their identities fixed purely by their dispositional features, that is, by the patterns of stimulus and response in which they participate. DM implies that natural properties are pure powers: things whose natures are fully identified by their roles in determining the potentialities of events to cause or be caused. As pure powers, properties are meant to lack quiddities in Black's sense. A property possesses a quiddity just in case (...) its identity is fixed by something independent of the causal–nomological roles it may enter into. Paradigmatically, a categorical property is thought of as a property whose identity is fixed by a quiddity .The key question about the viability of DM as a theory of properties is how properties can be pure powers devoid of any quiddity. Bird provides an answer. According to Bird , ‘all there is to a property is a matter of second-order relations to other properties’. The second-order relation is just the relation that a disposition, its stimulus condition, and a manifestation condition bear to each other. Call this relation SR. SR is not causation or physical necessitation. The latter relations are first-order relations between concrete events. SR is a second-order relation. Its possession by properties explains why events featuring those properties can enter into certain first-order relations of causation or necessitation.Bird's thought then is this: the sense in which properties have their identities fixed purely by their causal–nomological roles is that they are relationally constituted, where the relation doing the constituting is SR. 1 This thesis of relational constitution does not imply that natural properties are themselves relations. Nothing prevents the identity …. (shrink)

This essay argues that there is an important analogy between the hierarchically ordered divisions of the divided line in Republic Book VI and the hierarchy of constitutions described in Books VIII-IX. Imagination corresponds to tyranny, belief to democracy, mathematical understanding to oligarchy, and dialectical reason to timocracy. The unhypothetical principle disclosed through the activity of dialectic, the idea of the Good itself, corresponds to the aristocratic rule of philosopher kings.

In this chapter I look closely at the intentionality of consciousness from a naturalistic perspective. I begin with a consideration of Gurwitsch's suggestive ideas about the role of acts of consciousness in constituting both the objects and the subjects of consciousness. I turn next to a discussion of how these ideas relate to my own empirical approach to intentional relations seen from a developmental perspective. This is followed by a discussion of some recent ideas in philosophical cognitive science on the (...) intentionality of consciousness, both with respect to the objects and the subjects of consciousness. I show that these recent trends tend to naturalize intentionality and consciousness in directions compatible with the descriptive aspects of Gurwitsch's constitutive phenomenology. (shrink)

It is widely held that reflexivity is the defining feature of selfhood: the ability of the self to stand in a certain relation to itself. The question of how exactly to theorize this self-relation, however, has been the source of ongoing debate. In recent years, Kantian and post-Kantian approaches such as Christine Korsgaard’s constitutivism and Richard Moran’s commitment view, have attempted to establish the priority of the agential over the epistemic self-relation, thereby re-orientating the debate away from (...) metaphysics and epistemology towards ethics and moral psychology. Despite the important progress they make towards a de-alienated and reified understanding of the self-relation, however, I argue that the Kantian paradigm is ultimately inadequate because its methodological individualism makes it incapable of accounting for the irreducibly social dimension of the self-relation and, therefore, of successfully making the transition from ethics to social and political philosophy. In other words, an adequate ontology of the self-relation is possible only as a social ontology. In order to motivate this thesis, I appeal to two examples that expose the “social deficit” of the Kantian approach: Frantz Fanon’s phenomenology of race/racism in “The Lived Experience of the Black” and the phenomenon of cultural collapse in Jonathan Lear’sRadical Hope. I then go on to provide a sketch of an alternative approach based on the notion of “self-appropriation”, distinguishing it from Rahel Jaeggi’s use of the term in her recent critique of alienation, in the process. (shrink)

This paper discusses the role of levels and level-bound theoretical terms in neurobiological explanations under the presupposition of a regularity theory of constitution. After presenting the definitions for the constitution relation and the notion of a mechanistic level in the sense of the regularity theory, the paper develops a set of inference rules that allow to determine whether two mechanisms referred to by one or more accepted explanations belong to the same level, or to different levels. The rules are (...) characterized as underlying level distinctions in neuroscience research. (shrink)

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

For all post-1970s effort expended on the topic, the most central and important question about vagueness—what it is: what, specifically, something’s being a borderline case of a vague expression consists in—has seldom been tackled with the theoretical explicitness necessary if issues expectably downstream of it, like the nature of valid inference among vague statements, or the Sorites paradox, are to receive a properly motivated treatment. The great interest of Chapter V of The Things We Mean is that it points the (...) way towards a new kind of approach, according to which vagueness is constitutively a psychological phenomenon, grounded in the characteristic propositional attitudes of practitioners of vague discourse. It’s uncontroversial that a vague expression is one whose presence in a sentence contributes towards there being, at least in principle, situations which present borderline cases of its truth; for Schiffer, it is the status of such a situation as a borderline case that is grounded in the characteristic psychology of thinkers who appraise the sentence in that situation. (shrink)

Most questions commonly asked about international politics are ethical ones. Should the international community intervene in Bosnia? What do we owe the starving in Somalia? What should be done about the genocide in Rwanda? Yet, Mervyn Frost argues, ethics is accorded a marginal position within the academic study of international relations. In this book he examines the reasons given for this, and finds that they do not stand up to scrutiny. He goes on to evaluate those ethical theories which do (...) exist within the discipline - order based theories, utilitarian theories, and rights based theories - and finds them unconvincing. He elaborates his own ethical theory, constitutive theory, which is derived from Hegel, and highlights the way in which we constitute one another as moral beings through a process of reciprocal recognition within a hierarchy of institutions which include the family, civil society, the state, and the society of states. (shrink)

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

Many ordinary things are made up of material things. For example, the statue of Ferdousi in the University of Tehran is made up of a particular piece of bronze. Calling the relation between the statue of Ferdousi and that piece of bronze material constitution, many philosophers have claimed that this relation between a material thing and the thing that it constitutes is identity. Baker, in contrast, believes that these things have genuine unity without necessary identity. In this article, (...) I first illustrate the principles of Baker’s theory and his explanation of this relation. Then I will assess the theory against objections. I will conclude that this theory can successfully explain relation between many of material things, but concerning things belonging to human beings, the theory fails to introduce a criterion for constitution. (shrink)

Donald Davidson argues that ‘the stabbing of Caesar’ and ‘the killing of Caesar’ are two descriptions of the one event whereas Jaegwon Kim contends events are more fine-grained and two events occurred, related by supervenience. I argue that neither solution is satisfactory and, inspired by Lynne Rudder Baker, I develop a constitution relation governing cooccurring, co-located events such that the stabbing of Caesar comes to constitute the killing of Caesar when the stabbing occurs in the appropriate circumstances. According to (...) my view, the stabbing of Caesar is metaphysically distinct from the killing of Caesar such that the killing is dependent on the stabbing, yet is not identical to it. (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)

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)

In this paper, we develop an understanding of recognition in terms of individuals’ capacity for conflict. Our goal is to overcome various shortcomings that can be found in both the positive and negative conceptions of recognition. We start by analyzing paradigmatic instances of such conceptions—namely, those put forward by Axel Honneth and Judith Butler. We do so in order to show how both positions are inadequate in their elaborations of recognition in an analogous way: Both fail to make intelligible the (...) fundamental nexus between relations of recognition and individuals’ capacity for conflict. We then move on to reconsider aspects of Hegel's view of recognition—ones that, from our viewpoint, have been unjustly neglected in the debate about recognition: his focus on the constitution of relations of recognition in conflict and on the status of being an author of acts of recognition. On this basis, we then spell out in a more systematic way what we take to be a more convincing conception of recognition. This puts us in the position to gesture at some consequences of this conception in practical contexts, above all with regard to the justification, role and structure of political institutions. (shrink)

Since constitutional arrangements are what make politics work, they are a central concern of political theory._This book, now completely updated, is the first comprehensive exploration of the political theory of constitutions. Jan-Erik Lane begins by examining the origins and history of constitutionalism and answers key questions such as: What is a constitution? Why are there constitutions? From where does constitutionalism originate? How is the constitutional state related to democracy and justice? Constitutions play a major role in domestic and international politics (...) in the early 21st century and an updated version of this classic textbook will introduce students to a number of different areas -- theoretical, empirical, and moral -- which will aid their understanding of this important topic. (shrink)

Based on a qualitative study of Copenhagen 2021 WorldPride, this article explores collaboration between the local organiser and its corporate partners, focusing on the tensions involved in this collaboration, which emerge from and uphold relations between the extremes of unethical pinkwashing, on the one hand, and ethical purity, on the other. Here, pinkwashing is understood as a looming risk, and purity as an unrealizable ideal. As such, corporate sponsorships of Pride are conceptualized as inherently impure—and productive because of their very (...) impurity rather than despite it. Analytically, we identify and explore three productive tensions where the first involves emergent normativities for what constitutes good, right, or proper corporate engagement in Pride, the second revolves around queer(ed) practices and products that open normativities, and the third centres on the role of internal LGBTI+ employee-driven networks whose activism pushes organisations to become further involved in Pride, developing aspirational solidarity. Reading across literatures on corporate activism and queer organisation, we introduce Alexis Shotwell’s notion of constitutive impurity to suggest that the potential for ethical corporate Pride partnerships arises when accepting the risk of pinkwashing rather than seeking to overcome it. (shrink)

Philosophical accounts of the constitution relation have been explicated in terms of synchronic relations between higher‐ and lower‐level entities. Such accounts, I argue, are temporally austere or impoverished, and are consequently unable to make sense of the diachronic and dynamic character of constitution in dynamical systems generally and dynamically extended cognitive processes in particular. In this paper, my target domain is extended cognition based on insights from nonlinear dynamics. Contrariwise to the mainstream literature in both analytical metaphysics and extended (...) cognition, I develop a nonstandard, alternative conception of constitution, which I call “diachronic process constitution”. It will be argued that only a diachronic and dynamical conception of constitution is consistent with the nature of constitution in distributed cognitive processes. (shrink)

Humeans and non-Humeans reasonably agree that there may be necessary connections between entities that are identical or merely partly distinct—between, e.g., sets and their individual members, fusions and their individual parts, instances of determinates and determinables, members of certain natural kinds and certain of their intrinsic properties, and (especially among physicalists) certain physical and mental states. Humeans maintain, however, that as per “Hume’s Dictum”, there are no necessary connections between entities that are wholly distinct;1 and in particular, no necessary causal (...) connections between such entities (even when the background conditions requisite for causation are in place). The Humean’s differential treatment appears principled, in reflecting that commonly accepted necessary connections involve constitutional relations, whereas wholly distinct entities (notably, causes and effects) do not constitute each other. I’ll argue, however, that the appearance of principle is not genuine, as per the following conditional: Constitutional→Causal: If one accepts certain constitutional necessities, one should accept certain causal necessities. This result provides needed leverage in assessing the two main frameworks in the metaphysics of science, treating natural kinds, causes, laws of nature, and the like. These frameworks differ primarily on whether Hume’s Dictum is taken as a working constraint on theorizing; and it has proved difficult for either side to criticize the other without presupposing their preferred stance on the dictum, hence talking past one another. The arguments for Constitutional→Causal are based, however, in general and independent considerations about what facts in the world might plausibly warrant our beliefs in certain constitutional necessities involving broadly scientific entities. The Humean can respond to these arguments, which reveal a deep tension in their view, at attendant costs of implausibilty and adhocery. The non-Humean framework doesn’t face any such tension between constitutional and causal necessities, however, and so in this respect comes out ahead. (shrink)

We enter here upon a history of conversational traffic between the respective departments of philosophy and law in the old academy of liberalism, where lawyers hear much from philosophers, yes-and philosophers hear from lawyers, too, in what has fruitfully been a both-ways exchange. Our philosophical protagonist is John Rawls. This book comprises a study of the rise and workings, within the Rawlsian political-liberal philosophy, of the idea of a country's higher-legal constitution as a public platform for the justification of political (...) coercion. A study of Rawls on constitutionalism can help us, I believe, in scoping out and managing a cluster of constitutional lawyers' debates-interminable ones, it seems, in the constitutional-democratic precincts of our times-that I will catalogue soon below. But conversely, I believe, those seeking the best and truest readings of Rawls might have something to learn from the controversies of the lawyers. My approach to Rawls has accordingly been that of a critically leavened (while no doubt broadly sympathetic) exegesis, while with the legal-discursive materials I take more of a diagnostic turn. My hope is that a treatment of these two discourses in relation to each other will prove an aid to both political-philosophical and legal-practical reflection. (shrink)

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

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)

Recently, Judith Jarvis Thomson has offered a definition of the constitution relation against the backdrop of a robust ontology of objects she calls all‐fusions. Despite finding her reasons to believe in all manner of all‐fusions intriguing, in this paper I note an unsatisfactory consequence of her position for constitution‐theorists. I argue that an unrestricted commitmentto all‐fusions should lead the constitution‐theorist to reject her definitionof the constitution relation, on the grounds that by choosing our all‐fusionscarefully, we can secure the (...) unpalatable result that two different all‐fusionsconstitute the same thing, even though neither one ofthem constitutes the other. (shrink)