Personhood and the Strongly Normative Constraint

2018 ◽  
Vol 68 (3) ◽  
pp. 783-801 ◽  
Author(s):  
Oritsegbubemi Anthony Oyowe
Keyword(s):  
Normative Constraint

On Rule-Following

2018 ◽  
Author(s):  
Marie McGinn
Keyword(s):  
The Other ◽  
Rule Following ◽  
Philosophical Investigations ◽  
Normative Constraint

In Philosophical Investigations, Wittgenstein raises difficulties for the idea that what comes before my mind when I hear, or suddenly understand, a word can impose any normative constraint on what I go on to do. The conclusion his reflections seem to force on us gives rise to a paradox: there is no such thing as going on to apply an expression in a way that accords with what is meant by it. The paradox can be seen as one horn of a dilemma, the other horn of which is Platonism about meaning. It is generally agreed that resolving the paradox means finding a middle course between the two horns of the dilemma. This chapter looks at three attempts to find the middle course: communitarianism, naturalized Platonism, and quietism. It then considers whether Charles Travis offers a way out of the dilemma which avoids the problems of the other views discussed.

Empiricism and Normative Constraint

2018 ◽  
Author(s):  
Hannah Ginsborg
Keyword(s):  
The Other ◽  
Intentional Content ◽  
Empirical Reality ◽  
Reasons For Belief ◽  
Empirical World ◽  
Normative Constraint ◽  
Normative Relation

McDowell holds that our thinking, in order to have intentional content, must stand in a normative relation to empirical reality. He thinks that this condition can be satisfied only if we adopt “minimal empiricism”: the view that beliefs and judgements stand in rational relations to perceptual experiences, conceived as passive. I raise two complementary difficulties for minimal empiricism, one challenging McDowell’s view that experiences, conceived as passive, can be reasons for belief, the other challenging his view of experience as presupposing conceptual capacities. I go on to argue that minimal empiricism is not necessary for satisfying the condition that thinking be normatively related to the empirical world. There is another way of understanding the relation between thought and reality which construes it as normative without being rational: we can understand it as the world’s normative constraint on the activity through which empirical concepts, and hence empirical thinking, become possible.

scholarly journals Hermeneutical Injustice, Contract Law, and Global Value Chains

2020 ◽  
Vol 16 (1) ◽  
pp. 139-159
Author(s):  
Lyn K.L. Tjon Soei Len
Keyword(s):  
Social Power ◽  
Global Value Chains ◽  
Contract Law ◽  
Value Chains ◽  
Party Autonomy ◽  
Normative Constraint ◽  
Contract Framing ◽  
Exchange Relations

AbstractGlobal value chains (GVCs) resist dominant contract framing, because presumptions about contract’s bilateral structure and party autonomy fail to capture the complex interconnections between private exchange relations. Contract law seems to obscure, rather than capture, the ways in which the relationships and experiences of various actors in GVCs are linked. This article argues that, in doing so, contract law contributes to systemic hermeneutical injustice. Systemic hermeneutical injustice captures how shared interpretative resources can render those in disadvantaged positions of social power unable to make intelligible that what is in their interest to render intelligible. The article’s primary aim is to show how this form of injustice bears on contract law and how it can function as an independent normative constraint on the institution of contract law.

scholarly journals On the status of 'Maximize Presupposition'

2016 ◽  
Vol 26 ◽  
pp. 980 ◽  
Author(s):  
Sven Lauer
Keyword(s):  
Cooperative Communication ◽  
Language Use ◽  
Alternative Conception ◽  
Normative Constraint ◽  
Maximize Presupposition ◽  
The Status ◽  
Pragmatic Reasoning ◽  
Normative Rule

Heim (1991) postulated the principle MAXIMIZE PRESUPPOSITION (MP), which has proven useful in the explanation of a range of phenomena But what kind of principle is MP? Is it a normative constraint on language use, akin to a rule in a game? Or is it similar to Grice's MAXIMS OF CONVERSATION, which capture defeasible tendencies in behavior motivated by general considerations about cooperative communication? I argue that either construal faces significant challenges, and provide an alternative conception of MP as a 'linguistic preference'—a (selfish) preference between linguistic forms that speakers happen to have. In this view, MP is neither a normative rule nor a Gricean maxim, but it functions like, and interacts with, such maxims in pragmatic reasoning.

A Fundamental Ground of Demand-Rights

2018 ◽  
Author(s):  
Margaret Gilbert
Keyword(s):  
Joint Commitment ◽  
Clear Sense ◽  
Normative Constraint

This chapter provides a solution to the demand-right problem. It argues that joint commitment is a ground of demand-rights. A joint commitment in the sense in question is not a conjunction of personal commitments. It is formed when two or more people together commit them all. Given this ground, the right’s addressee is subject to a peremptory normative constraint. There is also a clear sense in which a right-holder can view the action to which he has a right as his. Further, the directed obligation of the right’s addressee can plausibly be said to be willed into being by those who jointly committed themselves. The question whether joint commitment is the only ground of demand-rights is raised. In a coda, pertinent passages in Kant’s discussion of contract right are reviewed.

Status (Im)Mobility and the Legal Production of Irregularity: A Sociolegal Analysis of Temporary Migrants’ Lived Experiences

2019 ◽  
Vol 29 (5) ◽  
pp. 629-649
Author(s):  
Jean-Baptiste Farcy ◽  
Sarah Smit
Keyword(s):  
Coping Strategies ◽  
Lived Experiences ◽  
Individual Experience ◽  
Temporal Constraints ◽  
Legal Analysis ◽  
Normative Constraint ◽  
Temporary Migrants ◽  
The Impact

By combining legal analysis with data obtained through a longitudinal and qualitative fieldwork, this article looks at the impact of time and temporality on migrants’ trajectories. We find that legal insecurity is experienced by the majority of migrants residing lawfully in Belgium as a result of temporal constraints. Indeed, we argue that enforced temporariness and the conditionality of migrants’ stay increase the risk of precariousness and irregularity irrespective of migrants’ nationality. The article also looks at the consequences of legal insecurity on individuals’ trajectories. Since legal stay may be subject to disruptions, migrants with temporary status share the feeling of living in a situation of liminal legality and liminal times. However, they can find ways to overcome these temporal constraints using coping strategies. Through a sociolegal analysis, this article sheds light on temporality as a normative constraint as well as an individual experience creating immobility.

The Rise and Impact of Muslim Women Preaching Online

2021 ◽  
Author(s):  
Richard A. Nielsen
Keyword(s):  
Social Movements ◽  
Social Movement ◽  
Muslim Women ◽  
Gender Segregation ◽  
Women's Issues ◽  
Online Data ◽  
Normative Constraint ◽  
The Social ◽  
Key Factor ◽  
Mixed Gender

Female Muslim preachers are on the rise online, including in some conservative Islamic traditions such as the Salafi movement. The prevailing wisdom is that religion is the key factor explaining the increase and impact of women’s preaching. In this view, religious ideas about gender segregation create a need for female preachers who preach about “women’s issues” to exclusively female audiences. This chapter argues instead for a social movement logic: female preachers help Islamic social movements reach new audiences of both women and men. In this view, religious ideas prohibiting gender mixing are not the cause of women’s preaching, but rather a normative constraint that female preachers circumvent by preaching online. Data from a large Islamic website show that female preachers are reaching mixed gender audiences and eliciting positive reactions, especially from men, supporting the social movement logic.

Communication between friends

2009 ◽  
Vol 1 (1) ◽  
pp. 27-41
Author(s):  
Dan O'Brien
Keyword(s):  
Knowledge Transmission ◽  
Intimate Friend ◽  
Transmission Of Knowledge ◽  
Testimonial Knowledge ◽  
Successful Communication ◽  
Normative Constraint

One kind of successful communication involves the transmission of knowledge from speaker to hearer. Such testimonial knowledge transmission is usually seen as conforming to three widely held epistemological approaches: reliabilism, impartialism and evidentialism. First, a speaker must be a reliable testifier in order that she transmits knowledge, and reliability is cashed out in terms of her likelihood of speaking the truth. Second, if a certain speaker's testimony has sufficient epistemic weight to be believed by hearer1, then it should also be believed by hearer2. Third, the normative constraint here is evidentially grounded: whether or not a hearer should believe a speaker depends on the evidence the hearer has that the speaker is telling the truth. I argue that there are cases of testimonial knowledge transmission that are incompatible with these three claims. This is when one accepts the testimony of an intimate friend.

The Normative Constraint

1995 ◽  
pp. 167-187
Author(s):  
Jan Srzednicki
Keyword(s):  
Normative Constraint
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