The Institutionality Of Legal Validity

The most influential theory of law in current analytic legal philosophy is legal positivism, which generally understands law to be a kind of institution. The most influential theory of institutions in current analytic social philosophy is that of John Searle. One would hope that the two theories are compatible, and in many ways they certainly are. But one incompatibility that still needs ironing out involves the relation of the social rule that undergirds the validity of any legal system (H.L.A. Hart's rule of recognition) to Searle's notion of codification: the idea that institutions need official declarations of their constitutive rules in order to enjoy the full benefits of institutions. The incompatibility arises from the fact that, in order to do its institutional work, the basic validity rule must be codified in Searle's sense—yet, given the particular role it has in legal positivism, it may be impossible to codify in the Searlean sense. In this paper I develop the incompatibility in detail, consider and reject consigning the basic validity rule to Searle's “Background” capacities that support institutional facts, and conclude that the best route to eliminating it while doing a minimum of damage to the two theories is to make a slight emendation to Searle's theory of institutions.     

Ethnography, Institutions, and the Problematic of the Everyday World

This essay describes institutional ethnography as a method of inquiry pioneered by Dorothy E. Smith, and introduces a collection of papers which make distinctive contributions to the development of this novel form of investigation. Institutional ethnography is presented as a research strategy which emerges from Smith's wide-ranging explorations of the problematic of the everyday world. Smith's conception of the everyday world as problematic involves a critical departure from the concepts and procedures of more conventional sociologies. She argues for an alternative sociology which begins with the standpoint of the actor in everyday life, rather than from within a professional sociological discourse aligned with the society's ruling institutions. The familiar sociologies of everyday life do not suffice for this purpose, since they deal with local settings and social worlds, but stop short of examining how these are knitted into broader forms of social organization. In contrast, institutional ethnography examines how the scenes of everyday life are shaped by forms of social organization which cannot be fully grasped from within those scenes. The principal tasks of institutional ethnography include describing the coordination of activities in the everyday world, discovering how ideological accounts define those activities in relation to institutional imperatives, and examining the broader social relations in which local sites of activity are embedded. The four papers which follow demonstrate that specific contributions to institutional ethnography can be made in relation to a wide array of topics, methods, and interests.     

论马克思恩格斯的制度伦理思想

取向制度伦理的研究是马恩对伦理学问题研究的革命性变革。在马恩看来,制度在本质上是社会化了的人类群体的结合方式,人的社会生活在本质上是一种制度化的生活,制度伦理对社会道德进步具有决定性意义,因而制度伦理建设也就成为人类走向自由而全面发展的历史必然。     

Bridging the Dialectic: Diversity,Psychological Sense of Community,and Inclusion

Although, there are many times when P/SOC and diversity appear in opposition, I argue that this conflict is not inherent to the concepts or their joint value, but to social contexts in which they are enacted in real life. The primary values of community psychology—building and supporting positive communities, social change, and social justice within a framework that recognizes the centrality of diversity, culture, inclusion, power, and privilege—actually bind diversity and community together. Thus, we can bridge this seeming dialectic through deeper reflection about the real and intended meaning, operationalization, and application of these two terms, and a reliance on the central values of our field.     

Whose Lives? How History,Societies, and Institutions Define and Shape Life Courses

This article outlines how current sociology constructs life courses. First, a set of general heuristics is provided. Second, the development of life course sociology over the last 50 years is traced as an intellectual process whereby the life course has emerged as an analytical construct in addition to such concepts as human development, biography, and aging. A differential life course sociology has gradually developed in which contexts are specified according to time and place. Third, these differential constraints operating on life courses are illustrated from the perspective of 2 research areas. One perspective introduces historical periods as a sequence of regimes that regulate life courses. Another perspective looks at cross-national differences and especially focuses on institutions as the mechanisms by which life courses are shaped. The article concludes with reflections about the relation between the variable social contexts of life courses and human development.     

Embodied performance in violent places: Transiting in and through the home,the streets,and institutions

Young marginalized people who live in violent contexts have intense and non-linear spatial experiences. This paper explores their gendered responses to violence in terms of body performance and spatial movements between their houses, in the streets and within various institutions. We consider these social subjects to be both ‘body-subjects' and ‘feeling-subjects', as their corporeality articulates urban space and becomes an extension of locations bound by emotion. Through mapping workshops, drawings, and interviews with young residents of a rehabilitation center located on the edge of Mexico City, we explore how institutions dedicated to marginalized youths materialize in their life trajectories. In other words, this paper analyzes institutions from the perspective of youth experience and feelings rather than institutional programs or from the point of view of staff members. We locate these institutions in the various spaces inhabited by the youth. The paper concludes with a reflection on the ambiguities of “care” as a response to violence.     

The Ismaili sect in London: Religious institutions and social change

The Ismailis in London are a community attempting to adapt the stock of Ismaili theoretical concepts to the explanation and control of events in a changed and changing social situation. This article is concerned with assessing the role of Ismaili religious institutions in this process of adaptation. It will be argued that because the Ismaili belief system emphasizes the irrelevant and transitory nature of Ismaili religious institutions, the true role, paradoxically, of these religious institutions is preserved, and as a consequence they remain relevant to Ismailis.     

The Ismaili sect in London: Religious institutions and social change

The Ismailis in London are a community attempting to adapt the stock of Ismaili theoretical concepts to the explanation and control of events in a changed and changing social situation. This article is concerned with assessing the role of Ismaili religious institutions in this process of adaptation. It will be argued that because the Ismaili belief system emphasizes the irrelevant and transitory nature of Ismaili religious institutions, the true role, paradoxically, of these religious institutions is preserved, and as a consequence they remain relevant to Ismailis.     

Nunc pro tunc. The Problem of Retroactive Enactments

In this paper, I present a problem for the realist with respect to the institutional sphere, and suggest a solution. Roughly, the problem lies in a contradiction that arises as soon as institutional contexts are allowed to influence the institutional profile of objects and events not only in the present, but also in the past. If such “retroactive enactments” are effective, in order to avoid contradiction the realist seems to have to accept the unpleasant conclusion that institutions can create a past that has never been present. I will defend a solution which involves a distinction between temporal and atemporal types of institutional kinds that has, I maintain, independent interest.     

Institutional integrity in Roman Catholic health care institutions.

Issues of institutional identity and integrity in Roman Catholic health care institutions have been addressed at the level of individual institutions as well as by organizations of Catholic health care providers and at various levels in the Church hierarchy. The papers by Carol Taylor, C.S.F.N., Thomas Shannon, Kevin O'Rourke, O.P., Gerard Magill in this volume provide a significant contribution to concerns of Roman Catholic health care institutions as they face the challenges of providing health care in a secular, pluralistic, market-driven economy. One way to understand institutional integrity is as a measure of the coherence between what an institution identifies as its commitments (its stated moral character), what an institution does (its manifest moral character) and an institution's fundamental moral commitments (its deep moral character). The essays in this volume support this model of integrity. Although it is not their explicit focus, the four essays together provide a vision of institutional integrity for Catholic health care institutions. Each author focuses on one of the three central aspects of integrity: what one identifies as one's commitments (Taylor), how one's actions reflect one's values (Shannon and Magill), and what one is or what one values at a deep level (O'Rourke). I will offer a brief overview of the ways in which the integrity of Catholic health care institutions has been addressed. Then I will consider the four essays and show how each offers an analysis of one of the three critical elements of integrity.     

Achievement Goals in Educational Contexts: A Social Psychology Perspective

Research on achievement goals usually defines mastery goals as the desire to acquire knowledge, and performance goals as the desire to outperform (or not to underperform) others. Educational contexts are most of the time social contexts, involving various persons and groups, of various hierarchical positions, and various cultural and ideological contexts. Surprisingly, most research in the achievement goal field has been conducted at an individual level of analysis. In the present paper, we will review the social consequences and antecedents of goal endorsement. This research indicates that goals strongly affect the way one behaves with co‐learners. Moreover, it suggests that more than merely individual dispositions, goals reflect the social relation students have with other persons, institutions, and with the society to which they belong. We conclude this paper by setting an agenda for future achievement goal research.     

An Epistemic Argument for Conservatism

‘Epistemic’ arguments for conservatism typically claim that given the limits of human reason, we are better off accepting some particular social practice or institution rather than trying to consciously improve it. I critically examine and defend here one such argument, claiming that there are some domains of social life in which, given the limits of our knowledge and the complexity of the social world, we ought to defer to those institutions that have robustly endured in a wide variety of circumstances in the past while not being correlated with intolerable outcomes. These are domains of social life in which our ignorance of optimal institutions is radical, and there is uncertainty (rather than quantifiable risk) about the costs of error. This is an argument for the preservation of particular institutions, not particular policies or outcomes, and it specifically identifies these with the institutions that John Rawls called ‘the basic structure of society.’ The argument further implies that to the extent that there is any reason to change these institutions, changes should be calculated as far as possible to increase their ‘epistemic power.’     

Institutional identity; sacramental potential: Catholic healthcare at century's end.

Government and market forces have fundamentally transformed the religious healthcare sector. Religious healthcare organizations are struggling to define their identities and determine what it is that makes them different and what implications the differences have for the delivery of social services and for public life. In response to these questions, the defenders of traditional Catholic healthcare make a variety of responses that first defend the continued relevance of the major institutions of Catholic healthcare, especially its hospitals, and second, specify reforms to make these institutions even more relevant to the new healthcare system. This essay argues that these defenses are inadequate to that challenge and that the reforms proposed are too timid. Catholic healthcare needs a better theoretical account of its mission and more creative institutional adaptations.     

Instituting impairment: Extended cognition and the construction of Female Sexual Dysfunction

I further the argument for a socially extended mind by examining gender and the role it plays in cognition. My first claim is that gender is a social institution that often if not always subtends our cognitive processes, especially those that are maximally embodied. The social institution of gender often serves to inhibit female embodied cognitive processing, as a quick glance at the myriad of oppressive forces at play in gender dynamics illustrates. To combat the potential objection that gender is not a vehicle for extending cognitive processes, but rather plays a shaping role in embodied practice, I propose looking at the history of Female Sexual Dysfunction and its construction by the social institutions of the pharmaceutical companies and media. By doing so, I claim a case can be made that these institutions have actually invaded the minds of many women to the point that cognition pertaining to sex, sexual functioning, and health are wholly dependent upon and constituted by the interplay of these social systems.     

Constitutive Rules, Language, and Ontology

It is a commonplace within philosophy that the ontology of institutions can be captured in terms of constitutive rules. What exactly such rules are, however, is not well understood. They are usually contrasted to regulative rules: constitutive rules (such as the rules of chess) make institutional actions possible, whereas regulative rules (such as the rules of etiquette) pertain to actions that can be performed independently of such rules. Some, however, maintain that the distinction between regulative and constitutive rules is merely a linguistic one. In this paper I present the status account of constitutive rules in order to address this criticism. According to the status account constitutive rules pertain to institutional statuses and statuses are to be understood in terms of status rules. Status rules concern the enabling and constraining roles of institutions, and constitutive rules specify the preconditions that have to be met in order for them to play these roles. Even though I end up endorsing the claim that the distinction mentioned is a linguistic one, I go on to argue that there is an underlying reality that constitutive rules serve to make apparent.

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Greenscreen teaching: Institutional instability and classroom innovation

“Greenscreen Teaching” explores how the stresses of institutional and social change impact teaching and learning, and the creative resourcefulness born out of instability. In precarious institutions and social contexts, relevant outcomes for theological learning include developing attentiveness, robust moral discernment, and courageous speech seasoned by maturing convictions and pastoral sensitivities. I utilize greenscreen acting as a suggestive metaphor for describing four creative teaching strategies targeting these outcomes. Subsections gather insights from:

• Etymology of disaster‐related words: Capitalize on the moment and “go big.”
• Creative method: Improvise and keep it sharp.
• Ritual theory: Creatively repurpose familiar but underutilized traditions.
• Service learning: Widen the networks of community connection.

Each subsection also revisits moments and learning activities from a graduate course in feminist theology. Navigating constant transition impacts every aspect of the classroom. Nevertheless, a teaching scholar can resource this precariousness as creative agency for voice, solidarity, and mutual learning.     

Location,Location, Location: Effects of Cross-Religious Primes on Prosocial Behavior

Priming with religious concepts is known to have a positive effect on prosocial behavior; however, the effects of religious primes associated with outgroups remain unknown. To explore this, we conducted a field experiment in a multicultural, multireligious setting (the island of Mauritius). Our design used naturally occurring, ecologically relevant contextual primes pertinent to everyday religious and secular life while maintaining full experimental control. We found that both ingroup and outgroup religious contexts increased generosity as measured by a donation task. In accordance with previous research, we also found an interaction between individual religiosity and the efficacy of the religious primes. We discuss these findings and their interpretation, and we suggest potential avenues for further research.     

Individualized assessment moderates the impact of HIPAA privacy rules

In this comment, I express appreciation of Erard's (this issue) review, and urge psychologists to continue to protect test security. I disagree with Erard's belief that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) is salient for nonhealth forensic issues. I then review some ways in which individualized assessment practices can moderate the negative impact of the HIPPA privacy rules. Assessors can use tests as a ground forjoint exploration of the client's experience, behavior, and their contexts. Clients may later ask for a review of test data and collaborative life findings, but they rarely are interested in acquiring test records. Attorneys, after discovering that assessment conclusions are based largely on events/contexts provided by the client and others, are less interested in acquiring test records that the psychologist used as tools rather than as evidence for conclusions.     

THE MORAL MURDERER. A (MORE) EFFECTIVE COUNTEREXAMPLE TO CONSEQUENTIALISM

My aim in this paper is to provide an effective counterexample to consequentialism. I assume that traditional counterexamples, such as Transplant (A doctor should kill one person and transplant her organs to five terminal patients, thereby saving their lives) and Judge (A judge should sentence to death an innocent person if he knows that an outraged mob will otherwise kill many innocent persons), are not effective, for two reasons: first, they make unrealistic assumptions and, second, they do not pass the rule‐consequentialist institutional test. My example (The Moral Murderer), instead, assumes a realistic empirical framework and the relevant action does not undermine basic social institutions. On the contrary, it reinforces them. In The Moral Murderer, Tom (an adult male) is morally allowed to murder a person (preferably a woman) in order to be punished to death.