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Reduction and Elimination in Philosophy and the Sciences

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The Constitution of Institutions<br />

Frank H<strong>in</strong>driks, Gron<strong>in</strong>gen, The Ne<strong>the</strong>rl<strong>and</strong>s<br />

Institutions depend on human be<strong>in</strong>gs for <strong>the</strong>ir existence.<br />

They are human constructs that would not be <strong>the</strong>re if it<br />

were not for us. The challenge is to unpack this. Are <strong>the</strong>y<br />

mere social constructs, or do <strong>the</strong>y have a reality beyond<br />

our social categorizations? Institutions <strong>in</strong>volve human<br />

be<strong>in</strong>gs <strong>and</strong> <strong>the</strong>ir (<strong>in</strong>ter)actions. Can <strong>the</strong>y simply be reduced<br />

to <strong>the</strong>se? Or do <strong>the</strong>y have a reality that goes beyond<br />

<strong>the</strong>m? I shall suggest that <strong>in</strong>stitutions present us with a<br />

number of puzzles that justify a serious <strong>in</strong>vestigation <strong>in</strong>to<br />

<strong>the</strong>se issues.<br />

A US president has <strong>the</strong> power to veto laws not due<br />

to any superior physical or mental abilities, but because he<br />

is granted this power by <strong>the</strong> American people. Apparently,<br />

<strong>the</strong> powers of presidents do not depend on <strong>the</strong>ir <strong>in</strong>tr<strong>in</strong>sic<br />

features only. Examples such as this one pose problems<br />

for a straightforward reduction of <strong>in</strong>stitutions to human<br />

be<strong>in</strong>gs <strong>and</strong> <strong>the</strong>ir (<strong>in</strong>ter)actions. Tak<strong>in</strong>g constitution to be a<br />

(non-reductive) relation of unity without identity, I argue<br />

that such puzzles dissolve once <strong>in</strong>stitutions are taken to be<br />

constituted by human be<strong>in</strong>gs, <strong>the</strong>ir mental states, <strong>the</strong>ir<br />

<strong>in</strong>teractions, <strong>and</strong> <strong>the</strong>ir surround<strong>in</strong>gs.<br />

1. Aga<strong>in</strong>st Identity <strong>and</strong> Mereology<br />

Presumably <strong>in</strong>stitutional properties supervene on physical<br />

ones. Supervenience, however, is a fairly <strong>in</strong>nocent relation.<br />

Both reductive <strong>and</strong> non-reductive materialists about<br />

<strong>the</strong> mental accept that mental properties <strong>in</strong> some sense<br />

supervene on physical ones. In order to provide an adequate<br />

ontology of <strong>in</strong>stitutions, <strong>the</strong>n, relations o<strong>the</strong>r than<br />

supervenience have to be considered. The first one that I<br />

consider is identity, which is a relation between entities<br />

ra<strong>the</strong>r than between properties. I shall argue that <strong>in</strong>stitutions<br />

are not identical to <strong>the</strong> entities <strong>the</strong>y consist of or are<br />

composed of (where <strong>the</strong>se latter notions are used <strong>in</strong> a<br />

metaphysically <strong>in</strong>nocent sense). For <strong>the</strong> purposes of this<br />

paper I focus on <strong>the</strong> case of organizations leav<strong>in</strong>g o<strong>the</strong>r<br />

k<strong>in</strong>ds of <strong>in</strong>stitutions for ano<strong>the</strong>r occasion.<br />

Consider <strong>the</strong> United Nations (UN). The UN consists<br />

of countries, which are its members that are united by <strong>the</strong><br />

Charter of <strong>the</strong> UN. Is <strong>the</strong> UN identical to <strong>the</strong> set of its<br />

members? Presumably not. The UN can enlarge its<br />

membership, while sets cannot. A set that has more<br />

members than ano<strong>the</strong>r set is numerically dist<strong>in</strong>ct from that<br />

o<strong>the</strong>r set. The UN rema<strong>in</strong>s <strong>the</strong> same entity when it<br />

acquires a new member.<br />

What about organizations that have only one<br />

member? Are <strong>the</strong>y identical to <strong>the</strong>ir members? A limited<br />

liability company (LLC) can consist of only one <strong>in</strong>dividual.<br />

Even if it does, however, an LLC is not identical to that<br />

person. An <strong>in</strong>dividual can create <strong>and</strong> later dissolve an LLC<br />

that has only one member, herself. Someone who does so<br />

existed before <strong>the</strong> LLC did, <strong>and</strong> she outlives it. So <strong>the</strong><br />

persistence conditions of organizations differ from <strong>the</strong><br />

entities <strong>the</strong>y are made of. In o<strong>the</strong>r words, <strong>the</strong>re is a<br />

difference regard<strong>in</strong>g what accounts for <strong>the</strong>ir identity over<br />

time. 1<br />

1 Cf. Ruben (1985) <strong>and</strong> Uzquiano (2004).<br />

144<br />

Are organizations mereological sums of <strong>the</strong>ir<br />

members? At least on some conceptions of <strong>the</strong>m,<br />

mereological sums <strong>the</strong>y do not have any (causal)<br />

properties <strong>the</strong>ir parts do not have (Lewis 1986). However,<br />

<strong>the</strong> Security Council of <strong>the</strong> UN has <strong>the</strong> power to adopt<br />

resolutions, but none of its members does. The UN can<br />

have a code of conduct <strong>and</strong> ensure compliance to it<br />

without any of its members do<strong>in</strong>g so (recall that its<br />

members are countries). Similar claims hold for o<strong>the</strong>r<br />

organizations. An LLC can sue ano<strong>the</strong>r company without<br />

any of its members do<strong>in</strong>g so. And a choir can s<strong>in</strong>g a<br />

cantata without any of its members do<strong>in</strong>g so. The upshot is<br />

that organizations can have causal properties none of <strong>the</strong>ir<br />

members have.<br />

One can, of course, conceive of mereological<br />

relations <strong>in</strong> a more substantial way. The part-whole relation<br />

might be an ontological relation between parts <strong>and</strong> wholes<br />

each of which exist. Suppose it is also granted that wholes<br />

can have causal properties none of its parts have <strong>in</strong><br />

isolation. Even <strong>the</strong>n it would be <strong>in</strong>appropriate to conceive<br />

of <strong>the</strong> relation between organizations <strong>and</strong> <strong>the</strong>ir members<br />

as a mereological relation. This is because <strong>the</strong> part-whole<br />

relation is transitive while <strong>the</strong> membership relation as it<br />

applies to organizations is not. Countries consist of people,<br />

<strong>the</strong> UN consists of countries, but <strong>the</strong> UN does not consist<br />

of (exactly those) people: as a Dutch citizen, I am a<br />

member of <strong>the</strong> Ne<strong>the</strong>rl<strong>and</strong>s; I am not, however, a member<br />

of <strong>the</strong> UN.<br />

To sum up, <strong>the</strong> relation between organizations <strong>and</strong><br />

(collections of) human be<strong>in</strong>gs is not identity, nor is it a<br />

mereological relation. They differ <strong>in</strong> persistence conditions<br />

<strong>and</strong> causal properties. Fur<strong>the</strong>rmore, <strong>the</strong> relation between<br />

<strong>the</strong>m is non-transitive. In <strong>the</strong> next section, I shall argue<br />

that, <strong>in</strong> order to accommodate <strong>the</strong>se features, <strong>the</strong> relation<br />

between organizations <strong>and</strong> (<strong>the</strong> collections of) <strong>the</strong>ir<br />

members should be conceived of as constitution.<br />

2. Constitution<br />

Constitution is a relation of unity without identity. It obta<strong>in</strong>s,<br />

for <strong>in</strong>stance, between a statue <strong>and</strong> <strong>the</strong> lump of clay of<br />

which it is made. These are united <strong>in</strong> that <strong>the</strong>y consist of<br />

<strong>the</strong> same material. They are not identical to one ano<strong>the</strong>r:<br />

<strong>the</strong> lump of clay can even when <strong>the</strong> statue does not; <strong>the</strong><br />

statue can survive gradual replacement of <strong>the</strong> clay of<br />

which it consists result<strong>in</strong>g <strong>in</strong> a situation <strong>in</strong> which <strong>the</strong> statue<br />

still exists even though it conta<strong>in</strong>s none of <strong>the</strong> material of<br />

which it consisted orig<strong>in</strong>ally. These two features can be<br />

captured <strong>in</strong> terms of a condition of material co<strong>in</strong>cidence (1)<br />

<strong>and</strong> a modal condition (2), a condition that captures possibilities<br />

such as <strong>the</strong> non-existence of a statue <strong>in</strong> <strong>the</strong> presence<br />

of a lump of clay.<br />

In order to account for <strong>the</strong> fact that a particular lump<br />

of clay does constitute a statue fur<strong>the</strong>r conditions have to<br />

be added. A notion of favourable conditions can serve a<br />

useful purpose here. Statues owe <strong>the</strong>ir status of art object<br />

to <strong>the</strong>ir surround<strong>in</strong>gs. At a general level, <strong>the</strong>y bear some<br />

relation to an art-world (Baker 1997). They might, for<br />

<strong>in</strong>stance, have been commissioned as art objects. This is<br />

one of <strong>the</strong> conditions that are favourable for an object to<br />

constitute a statue. Such conditions expla<strong>in</strong> why particular<br />

objects are statues. They account for this <strong>in</strong> that <strong>the</strong>y can

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