My Yale PhD Dissertation: The Statics and Mechanics of Social Institutions

My Yale PhD Dissertation, The Statics and Mechanics of Social Institutions consists of 3 papers:

A Modified Lewisian/Hartian Account of Social Conventions

Hart’s Fatal Mistake in The Concept of Law and How to Fix It

A Non-Ideal Account of Meaning, Based Upon a Modified Lewisian/Hartian Account of Social Conventions

I meant for my Dissertation to include an agent-based computational model and simulations in Matlab of how social institutions arise in a population, evolve, devolve, and, eventually, collapse, as well as an empirical social psychological study on the nature of authority, the nature of legitimacy, and the nature of the relationship between the two. But, I just couldn’t get it done, what with the Yale Administration waging a global vilification and defamation campaign against me.

Here is the pdf of my Yale PhD Dissertation, The Statics and Mechanics of Social Institutions:

https://app.luminpdf.com/viewer/6236e84976f2c29110b66c4e

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My 2nd Yale PhD Dissertation Paper: Hart’s Fatal Mistake in The Concept of Law and How to Fix It

Here is my 2nd Yale PhD Dissertation Paper: Hart’s Fatal Mistake in The Concept of Law and How to Fix It:

Hart’s Fatal Mistake in The Concept of Law and How to Fix It

Sarah Braasch

Introduction

In The Concept of Law, HLA Hart crafts a theory of legal systems as the union of primary, duty-imposing social rules of obligation and secondary, power-conferring social rules of authority.  The social group whose legal system it is confers authority upon the public officials of the legal system to promulgate, change, and adjudicate the primary, duty-imposing social rules of obligation.  It is the citizenry who confers authority upon the public officials of a legal system.  If the public officials purport to make law beyond the constraints of what the social group accepts as valid, then the public officials have failed to make valid law.

Hart then makes a fatal error, undermining his entire legal theory, an error, which Ronald Dworkin famously recognized and exploited to great effect in Law’s Empire.  Hart alienates the citizenry from their own legal system.  Hart does this to save the obligatory character of law.  Hart believes that this obligatory character only manifests in situations wherein everyone in the social group accepts the social rule, and he believes that this will only occur when the social rule is a matter of great importance to the social group, such that no one would wish anyone in the social group to unilaterally deviate therefrom.  This is a point upon which Hart receives much pushback, because he has to make a seemingly arbitrary distinction between social rules that are important enough to be real social rules, and social rules that are lesser, or not real, social rules, such as rules of etiquette.

Hart recognizes that it would never be the case that all members of a social group, the citizenry, would accept the social rules comprising their legal system.  So, he strips the citizenry, the general public, of their legal system.  He alienates them from their own social rules.  For Hart, it is enough that the citizenry not mutiny against the public officials.  He makes the body of public officials the social group whose legal system it is.  He thinks that, by so doing, he is able to argue that all of the public officials of the legal system would accept the social rules comprising the legal system.  But, this would mean that the public officials confer authority upon themselves and constrain themselves, according to what they will and will not accept as valid.  And, still, as Dworkin so astutely pointed out, no body of public officials accepts their social rules en masse, as a monolithic entity, devoid of unilateral deviation or disagreement or dissent.

I believe there is a way to fix Hart’s fatal mistake, and craft a legal theory that returns a social group’s legal system to the citizenry, whose legal system it is.  The solution is to apply a Modified Lewisian/Hartian Account of Social Conventions to Hart’s legal system as the union of primary, duty-imposing social conventions of obligation and secondary, power-conferring social conventions of authority.  According to this account of social conventions (rules in Hart’s parlance), what it is to be a social convention is to be a union of a primary, duty-imposing social convention of obligation and a secondary, power-conferring social convention of authority.  All social coordination requires authority.  

By recognizing that all social rules/conventions are these unions of a primary social convention of obligation and a secondary social convention of authority, Hart’s necessary connection between obligatory character and unanimity of acceptance is severed.  Social conventions are step public social goods, for which the public officials (authorities) are freeriding defectors, and the moment at which the social convention arises, the social group rests upon an equilibrium point.  All members of the social group, save the authorities, are parties to the social convention.  No one would wish anyone party to the social convention to unilaterally deviate, because the social convention (step public social good) would collapse.  Therefore, there is something closely akin to an obligation for all social group members party to the social convention to continue to conform thereto.  But, the authorities (freeriding defectors) are not party to the social convention, and they fare far better by continuing to defect.  The fact of their not being party to the social convention also makes it the case that they are free to move the social group to alternate social conventions, by exercising their authority.  It is in this way that we can allow for the social conventions of a legal system to arise, evolve, devolve, and, eventually collapse.  Likewise, dissent and disagreement and legal advocacy become part and parcel of a legal system.  Social conventions wax and wane over time, as do legal systems.  The citizenry is a major player in its own legal system once again, conferring power upon public officials, constraining their authority, and pressuring the evolution and devolution of their legal systems.

A Modified Lewisian/Hartian Account of Social Conventions as the Basis for Hart’s Legal System in The Concept of Law

This Modified Lewisian/Hartian Account of Social Conventions defines a social convention as a Hartian system of social conventions.  This system of social conventions includes a primary, duty-imposing social convention of obligation (or quasi obligation) and a secondary power-conferring social convention of authority.  This is HLA Hart’s legal system from The Concept of Law, but modified.  For Hart, legal rules are legal rules, because they are part of a system of social rules; however, Hart was actually giving an account of social conventions.  As Gerald Postema elucidates in “Coordination and Convention at the Foundations of Law,” Hart misspeaks, or, rather, speaks imprecisely, when he refers to what are actually social conventions as social rules.  The social conventions that comprise this system of social conventions are Lewisian social conventions, in that this is David Lewis’ game theoretic, rational choice-based account of social conventions from his seminal work, Convention, but modified.

Why modified?  Both Lewis and Hart were trying to capture what they construed as an essential feature of social conventions, their obligatory character.  But, both Lewis and Hart appreciated that they had only an individual, instrumental (means-ends) rationality with which to work.  This led both men to devise accounts of social conventions that are Lewisian social conventions, in that there is a single rational thing to do, which is what everyone else in one’s social group is doing.  If there is a single rational thing to do, then you have something approaching an obligation or quasi-obligation to do that one rational thing.  Both Lewis and Hart demand unanimity in preference for, expectation of, and actual conformity, in order to generate obligatoriness.  

But, Lewisian social conventions only arise in situations wherein everyone in a population is particularly motivated to align their beliefs and expectations with one another.  No unilateral deviation may be tolerated, because everyone fares far worse, if even a single social group member fails to conform.  This means that Lewisian social conventions are severely constrained.  They must pop into and out of existence, and they cannot evolve or devolve, nor do they allow for dissent or disagreement or pluralism.  This is because of the risk dominance of the status quo position.  No one party to a Lewisian social convention is going to jump to an alternate social convention, unless she is certain that her entire social group will jump with her.  But, we have pre-theoretical intuitions that our social conventions wax and wane over time, arising in a population, evolving and devolving, and, eventually, collapsing.  We have pre-theoretical intuitions that people disagree about what the law is and should be.  

There are 3 steps to modifying Lewis’ and Hart’s accounts of social conventions to allow for evolution and devolution, disagreement and dissent, and pluralism.  Step 1 is to acknowledge Margaret Gilbert’s insight that social conventions are social group constituting in “Social Convention Revisited.”  A population that has a social convention is a social group for that reason alone, if for no other.  Step 2 is to acknowledge the role that practical authority plays.  Practical authority solves the problem of the risk dominance of the status quo position, because a practical authority makes known how everyone in a social group will behave.  The account of authority employed is that of legal philosopher Joseph Raz in The Authority of Law, but slightly modified.  To have authority over someone is to have the power or capacity to alter their protected reasons, and a protected reason is a first order reason to do something and a second order reason not to consider any alternate actions (any alternate Lewisian social conventions, other than the one made salient by the practical authority).  A last important point is that authority is always assumed, then conferred, but the risk-tolerant, foresighted persons required to assume such authority may be few and far between.  Social coordination problems often go unsolved.  This phenomenon has been studied empirically in “The unrealized value of centralization for coordination,” by Eva Ranehill, Frédéric Schneider, and Roberto Weber.

Step 3 is acknowledging that social institutions/conventions are step public social goods, as described in Hugh Ward’s “Three Men in a Boat, Two Must Row:  An Analysis of a Three-Person Chicken Pregame.”  This is so, because, as Brian Skyrms points out in The Stag Hunt and the Evolution of Social Structure, a social convention (Skryms is speaking to a social contract) is best thought of as a stag hunt scenario, rather than a prisoner’s dilemma.  A stag hunt scenario includes a social convention, because you have incentive to play your part in the stag hunt, as long as others play theirs.  The moment that the social good that is the constitution of the social group itself is generated, the social group resides upon an equilibrium point.  This is because the practical authority is a free riding defector, a member of the social group, but not party to the social convention.  Fortunately, Lewis allowed for negligible deviation in Convention.  At the equilibrium point, no one party to the social convention has any incentive to deviate, because the social group would collapse back to the status quo.  And, the practical authority/freeriding defector has no incentive to conform to the social convention, because they fare far better by freeriding.  Thus, everyone who is party to the social convention has something approaching obligation to continue conforming, but we have severed the necessary connection between unanimity of conformity and obligatoriness.  

We can now have sub social groups with sub social institutions/conventions that wax and wane over time.  We can have disagreement and dissent and pluralism.  The cooperative game theoretic concepts of the Core and the Shapley Value define when a sub social institution/convention becomes the social institution/convention of the entire social group.  A social institution becomes a legal institution when the authority that is conferred by the social group or sub social group is conferred upon public officials qua public officials.  

This is the game theoretic, rational choice-based formal definition of a Modified Lewisian/Hartian Account of Social Conventions:

First, the formal definition of the primary, duty-imposing social conventions of obligation (or quasi-obligation):

A regularity R in the behavior of members of a population P when they are agents in a recurrent situation S is a convention if and only if it is true that, and it is common knowledge in P that, in almost any instance of S among members of P,

  • a minimum threshold level of or more members of P conforms to R;
  • a minimum threshold level of or more members of P expects a minimum threshold level of or more members of P to conform to R;
  • almost everyone has approximately the same preferences regarding R and R’;
  • a minimum threshold level of or more members of P prefers to conform to R, on condition that a minimum threshold level of or more members of P conforms to R;
  • a minimum threshold level of or more members of P would prefer to conform to R’, on condition that a minimum threshold level of or more members of P conforms to R’,

where R’ is some possible regularity in the behavior of members of P in S, such that almost no one in almost any instance of S among members of P could conform both to R’ and to R.

This also translates into the following formal definition for the secondary, power-conferring social conventions of authority:

The identification of a practical authority to make salient the solution to a primary duty imposing coordination problem of obligation, R, by members of a population P when they are agents in a primary duty imposing coordination problem of obligation is a convention if and only if it is true that, and it is common knowledge in P that, when such practical authority, R, is assumed, then:  

  • almost everyone conforms to R;
  • almost everyone expects almost everyone else to conform to R;
  • almost everyone has approximately the same preferences regarding all possible combinations of actions;
  • almost everyone prefers that any one more conform to R, on condition that almost everyone conform to R;
  • almost everyone would prefer that any one more conform to R’, on condition that almost everyone conform to R’,

where R’ is some possible identification of a practical authority (or none) by members of P in S, such that almost no one in almost any instance of S among members of P could conform both to R’ and to R.

The simultaneous existence of these two social conventions, one primary and duty-imposing, the other secondary and power-conferring, in union, is the formal definition of a Modified Lewisian/Hartian Account of a Social Convention.  

Hart’s Fatal Mistake in The Concept of Law and the Hart/Dworkin Debate

As mentioned above, Hart demands unanimity in acceptance of the primary, duty-imposing social conventions of obligation or quasi-obligation, in order to establish the obligatory character of law.  Hart demands that these social conventions are Lewisian social conventions, in that he requires unanimity in preference for, expectation of, and actual conformity to these Lewisian social conventions.  No unilateral deviation may be tolerated.  There is a single rational thing to do, which is what everyone else in your social group is doing, conforming to a Lewisian social convention.

Hart recognizes that it could never be the case that the entire social group, including both the general public/citizenry and the public officials, would all accept and use the same body of primary, duty-imposing social conventions of obligation or quasi-obligation.  So, Hart makes it the case that the social group whose legal system it is includes only the public officials of the legal system.  Hart alienates the general public/citizenry from their own legal system. 

Hart recognizes that it must be the case that, generally speaking, the majority of the general public complies with the legal system of their public officials, but Hart allows that this could be the case merely if it is a habit of the general public to do so, or if it is a calculating move on the part of the members of the general public, to avoid sanction or to better themselves personally.  Hart merely requires that the general public/citizenry not mutiny against the legal system of their public officials.  Hart does not require that the general public takes the internal point of view towards the primary, duty-imposing social conventions of obligation or quasi-obligation of the legal system of their public officials.  This brings up a whole slew of issues, which I address further below.  

But, the point remains that Hart requires unanimity amongst the public officials.  Hart requires that the entire body of public officials, whose legal system it is, takes the internal point of view towards their body of primary, duty-imposing social conventions of obligation or quasi-obligation.  Hart refers to this body of primary, duty-imposing social conventions that is the foundation of the legal system of the public officials as the Rule of Recognition.  Hart requires that the body of public officials has a social practice, a social practice which they regard as obligatory, to accept and use their body of primary, duty-imposing social conventions of obligation.  The scope of the practice of the body of public officials defines the scope of the obligatory character of the primary, duty-imposing social conventions of the body of public officials, of the Rule of Recognition.  The Rule of Recognition is the foundation of the legal system for Hart.  It is the ultimate criterion of legal validity.  

Of course, Dworkin exploits this fact, the fact that Hart requires the entire body of public officials to unanimously accept and use the Rule of Recognition, to great effect, as Scott Shapiro points out in Legality.  Dworkin describes this criticism as the issue of theoretical disagreement.  If there exist disagreements amongst public officials regarding what the law is or requires, regarding the content of the Rule of Recognition, and, of course, as Dworkin points out, such disagreements do exist, then whatever the disagreement is about, whichever purported legal rule/convention, is immediately disqualified as being a valid legal rule/convention in the legal system of the public officials.  It is the fact of acceptance and use, of there being a social practice, that makes it the case that a particular social rule/convention is a valid legal rule/convention of the legal system of the public officials.  If there is no fact of acceptance and use, then whichever social rule/convention is not a valid legal rule/convention.  There is no space for theoretical disagreement about what the law is or requires, about the content of the Rule of Recognition, under Hart’s account of a legal system.  

How to Fix Hart’s Fatal Mistake in The Concept of Law

I concur with Dworkin that this is a very serious problem for Hart, but, of course, I think the solution remains a positivist solution.  I argue that we must re-enfranchise the general public/citizenry by employing a Modified Lewisian/Hartian Account of Social Conventions as the basis for Hart’s legal system in The Concept of Law.  The Rule of Recognition is a body of primary, duty-imposing social conventions of obligation or quasi-obligation, but it does not belong to the public officials of the legal system; it belongs to the social group (the general public/citizenry) whose legal system it is. 

The Rules of Change (including Promulgation and Adjudication) are secondary, power-conferring social rules/conventions of authority.  The public officials do not have obligations to interpret or apply or amend or promulgate the valid legal rules/conventions of the legal system in which they operate; the public officials have had authority conferred upon them by the general public/citizenry, by the social group whose legal system it is.  The scope of the legal authority of the public officials is constrained by the body of primary, duty-imposing social rules/conventions of obligation that the general public accepts and uses.  This is the Rule of Recognition.  But, if the public officials act outside of the scope of their legal authority, they have not violated an obligation; they have simply failed to make law.  

The general public is very much an important player with respect to its own legal system.  The general public confers legal authority upon the public officials of its legal system.  The primary social conventions/rules that the general public accepts and uses, or that they would accept and use, define the scope of the legal authority of the public officials of the general public’s legal system.  These are the alternate primary Lewisian social conventions, from which the public officials may choose to promulgate, change, and adjudicate.  Gerald Postema makes a similar point in “Coordination and Convention at the Foundation of Law,” where he explicates his notion of a second order coordination problem between public officials and the general public/citizenry.  Public officials are constrained by what the general public does and will accept, and this is necessary to capture both the obligatory character of law, and the fact that legal systems arise out of social practices.

Hart says that a social group has a legal system when they make rules about their rules, secondary rules about how to promulgate, adjudicate, and change their primary social rules.  But, I would say, a social group has a legal system when they confer authority upon a body of public officials (which may sometimes include individual citizens) to promulgate, adjudicate, and change their primary social conventions.  Individual citizens sometimes have this authority conferred upon them when they establish business contracts and enter into marriages, etc.

The legal rules/conventions of the legal system are social conventions in the sense of being a union of a primary, duty-imposing social convention of obligation and a secondary, power-conferring social convention of authority.  This is why they are step public social goods.  Social coordination always requires authority.  A secondary, power-conferring social convention of authority arises out of necessity, to solve a coordination problem, when the practical, and in this case, legal, authority makes salient (promulgates, changes, or adjudicates) one or another alternate primary, duty-imposing social convention of obligation.  The obligatory character of the secondary, power-conferring social convention (obligatory for the social group whose legal system it is, not for the public officials upon whom authority is conferred) piggy backs on the obligatory character of the primary, duty-imposing social convention.

And, as explained above, these legal rules/conventions, these step public social goods, can evolve and devolve, but it remains the case that there is a single rational thing to do, for those party to the primary social rule/convention, which is to conform to the primary social rule/convention.  If this is the case, then they possess an obligatory or quasi-obligatory character, because there is a single rational thing to do, which is to continue to generate the step public social good.  And, it makes sense that the body of public officials (the authority) would not have an obligation to comply with the primary, duty-imposing social rules/conventions as public officials, because they are the freeriding defectors.  And, it is the very fact that the public officials (the authority) comprise a body of freeriding defectors that the obligatory character of the law is generated, because the entire social group resides at an equilibrium point, an equilibrium point at which no one, neither the general public (the body of cooperators who generate the step public social good) nor the public officials/authorities (the body of freeriding defectors) have any incentive to do otherwise.  

The fact that the social conventions (rules) of a legal system can evolve and devolve over time while possessing an obligatory character makes space for difference, dissent, theoretical disagreement, and pluralism.  We have severed Hart’s necessary connection between unanimity of acceptance and obligatory character.  We have pre-theoretical intuitions that our legal systems do evolve and devolve over time, waxing and waning via legal advocacy and as the general public/citizenry makes demands of their public officials.  And, our legal systems sometimes collapse, just as our social conventions do.  

So, we have an answer, a positivist answer to Dworkin’s criticism with respect to theoretical disagreement.  Also, we have re-enfranchised the general public.  We have made it the case that the general public has something closely akin to obligation (or as close as we can get) to comply with the law, albeit an obligation based upon the fact that there is but a single rational thing to do, based upon an individual instrumental rationality (there are no normative facts, merely social facts).  But, it is the general public who confers legal authority upon public officials, and the public officials are constrained by what the general public does and will accept.  The public officials are answerable to the general public/the citizenry.  A non-ideal legal theory is a legal system with legitimate authority, authority which may be stripped by the citizenry.  A non-ideal legal theory is a legal system of, by, and for the People.  

Law, i.e., legal authority, serves the function of helping social groups solve coordination problems, as well as move from a less optimal social convention to a more optimal social convention.  A practical authority is a legal authority when her social group or sub social group has conferred authority upon her as a public official qua public official.  Customary law also involves authority, which may be legal authority, but for a sub social group.  A sub social group may confer authority upon public officials qua public officials, but only with respect to their sub social group’s legal institutions/conventions.  These would not be legal institutions for the entire social group, but they could become so.  Hart made another mistake that has not been so widely recognized.  This is the mistake to think that a social group can possess a body of primary, duty-imposing social rules (conventions) of obligation without authority.  Customary law demands authority as much as Hart’s legal system does, and this could also be legal authority, but it need not be.  Social coordination always requires authority.  

What is the Nature of Legal Authority?

But, is it not the case that secondary, power-conferring social conventions are coordination problems themselves?  So, it might seem that we get ourselves into trouble at this point, if it is never the case that we merely coordinate without an authority, then how can we coordinate upon identifying an authority upon whom to confer legal authority?  Authority is assumed.  It is the fact that authority is assumed that makes it salient.  And, there is no need to coordinate upon an authority, because the authority is assumed.  It is subsequently conferred, and this conferral of authority is obligatory or quasi-obligatory.  Because there is a single rational thing to do, and because it is necessary to confer authority, in order to do this one rational thing, there is something closely akin to an obligation to confer authority.  

Recent empirical work bears out the assertion that authority is always assumed.  For an authority to arise in a social group requires for there to exist at least one risk-tolerant foresighted person, someone who is able to recognize the long-term benefits of assuming authority and bear the costs associated with communicating the salience of one or another primary, duty-imposing social convention of obligation.  Authority is always assumed and then conferred.  So, there is always a risk involved.  In Frederic Schneider et al.’s “The unrealized value of centralization for coordination,” they demonstrate that it is very difficult for social groups to coordinate to confer authority upon someone.  This rarely happens.  It is only when such authority is assumed that a social group is able to confer authority upon the assumed authority.  We would expect to see that authority has to be assumed, in order to be conferred.  And, given the hypothesis that assuming authority requires a certain level of risk tolerance, as well as a certain level of foresight, we should not expect to see authority being assumed ubiquitously.  

I adopt Joseph Raz’s concept of authority, albeit modified.  Raz asserts that to have authority over persons is to have the ability to alter their protected reasons.  A protected reason is a first order reason to do something, as well as a second order reason to exclude from consideration all of one’s first order reasons to do otherwise.  This aligns beautifully with a Modified Lewisian/Hartian Account of social conventions as the basis of Hart’s legal system in The Concept of Law.  Hart’s legal system is the union of primary, duty-imposing social conventions of obligation and secondary, power-conferring social conventions of authority.  Salience is a protected reason.  The legal authority makes salient the one or another primary social convention.  Salience is a first order reason to conform to the primary social convention being made salient, as well as a second order reason to exclude all of one’s first order reasons to do otherwise, i.e., to conform to any alternate primary social conventions.  

Raz makes a distinction between being an authority and having authority, but I make no such distinction.  I do make a distinction between being an authority and being a public official of a legal institution, i.e., being a legal authority.  Legal authority is conferred upon a public official of a legal system when it is conferred upon a public official qua public official.  Legal authority could be conferred by either a sub social group or the entire social group.  

For Raz, this concept of authority does away with the so-called paradoxes of authority, i.e., that to submit to authority is irrational, because rational, and moral, authority requires autonomy, understood as consideration of all of one’s first order reasons to act.  On Raz’s concept of authority, there exists a second order reason to exclude consideration of one’s first order reasons to do otherwise, other than as the first order component of one’s protected reason to act indicates.  Of course, above, I argue that it is not only rational, but obligatory, or, at least, quasi-obligatory, to confer authority, in order to solve coordination problems.  

The Problem with Hart’s View of Legal Authority

I argue that the Rule of Recognition, the ultimate criterion of validity of the legal rules/conventions of a legal system, is the body of primary, duty-imposing social conventions of obligation of the social group whose legal system it is, the primary social conventions that the social group whose legal system it is do or would accept. The general public/citizenry confers authority upon the public officials of the legal system to make, change, and adjudicate their primary social conventions, and the public officials are constrained by what the general public does and will accept.  The general public confers legal authority upon the public officials of their legal system, to help the social group solve coordination problems and move from less optimal to more optimal primary social conventions. 

It may very well be the case that a social group’s primary social conventions are standards of conventional morality; it may very well be the case that a public official has the legal authority to make salient this or that primary social convention, because it is conventionally morally superior.  What is dispositive is the fact that the social group accepts and uses the primary social conventions that they do accept and use.  What is paramount is the fact that the social group confers legal authority on their public officials/legal authorities.  These are social facts.

This account of social conventions and legal systems renders me an inclusive legal positivist.  An inclusive legal positivist argues that it’s the case that the Rule of Recognition, the ultimate criterion of validity of the legal rules/conventions of a legal system, could include primary social conventions that are standards of conventional morality.  I once argued for exclusive legal positivism in a trivial sense, because I believed that the Rule of Recognition was only a secondary, power-conferring social convention of authority.  If the Rule of Recognition were a secondary, power-conferring social convention of authority, then it necessarily could not include a primary social convention that is a standard of conventional morality.  An exclusive legal positivist argues for a necessary separation between law and morality, while an inclusive legal positivist allows for the social fact that the Rule of Recognition can include primary social conventions that are standards of conventional morality and the social group can confer legal authority upon public officials to choose, promulgate, change, make salient, and adjudicate the primary social convention that is morally conventionally superior.

Hart’s concept of legal authority in The Concept of Law is confused.  Initially, Hart argues for an account of legal systems that is very much in line with the account described above, based on a Modified Lewisian/Hartian Account of Social Conventions.  But, then, he chooses to alienate the general public from their own legal system, in order to capture the obligatory character of law.  He chooses to make it the case that the Rule of Recognition is a body of primary, duty-imposing social conventions/rules of obligation that govern the behavior of the public officials alone.  Hart still seems to think that these primary social conventions/rules give rise to secondary, power-conferring social conventions/rules of authority.  But, this is very confusing.  It would seem that public officials confer legal authority upon themselves.  However, in order for it to be the case that the Rule of Recognition is their Rule of Recognition, in the sense that the fact that the public officials accept and use the Rule of Recognition constitutes the public officials as a social group, it would seem to be the case that the public officials must exist as public officials, qua public officials, prior to it being the case that they confer legal authority upon themselves to make, change, and adjudicate their own primary social conventions/rules of obligation.  It simply isn’t clear on Hart’s account how either legal authority or public officials arise.  Hart’s account of legal authority and public officials devolves into a chicken and egg argument.  And, this is because he alienates the general public/citizenry from their own legal system. 

What About Legitimacy?

It does seem to be the case that I am arguing that legal authority is always conferred by the social group whose legal system it is; therefore, am I not saying that a legal system is always legitimate, if it exists?  In a sense, I am saying this.  This may be somewhat controversial, but I am arguing that legal authority is always conferred.  If it were not conferred, then the legal authority would not exist.   The legal authority would not have the power to change the protected reasons of the social group members.  However, I am making space for a sub social group having been hijacked.  I make space for them having been coerced via propaganda.  I argue that this must happen, in order to build both social and legal institutions.  And to say that a legal system is legitimate in this sense is not to say that it is moral.  It remains the case that the quasi-obligation, because there is a single rational thing to do, which is to continue contributing to the generation of the step public social good, is a matter of an individual instrumental rationality.  But, in a sense, if one continues to perpetuate the step public social good that is the State, which entails conferring authority upon the small group of public officials/legal authorities/freeriding defectors, because it is in one’s own interest to do so, then one is complicit.  It is more optimal that the State exists, that certain social institutions and legal institutions exist, despite the fact that they are, by their very nature, oppressive and coercive, than it is for the legal and social institutions and the State to collapse back to the state of nature.  Future work will further develop this concept of legitimacy.  There is a sense in which a legal system is legitimate if it exists.  And, I make room for difference, dissent, and pluralism.  I make room for social and legal activism. But, there remains a sense in which all social change entails coercive propaganda.  However, the legal authority of public officials is constrained by what the general public does and will accept.  

I also make room for the pool of freeriding defectors to include those persons who are not part of the legal authority; they have not conferred authority, and they do not contribute to the generation of the step public social good.  These persons do not take the internal point of view towards the primary, duty-imposing social conventions/rules of the social group.  They are persons who are a part of the social group; they are freeriding defectors who benefit from the generation of a legal system for their social group, but they may only recognize their social group’s laws, in order to avoid sanction, or to take advantage of those who do comply with their social group’s laws.  These persons are typically characterized as criminals, but I will address this as a misnomer below.  

When Does a Social Institution for a Sub Social Group Become a Social Institution for the Entire Social Group?

In order to define the point at which a social institution/convention of a sub social group becomes a social institution/convention for the entire social group, I make use of concepts from cooperative game theory, namely the Shapley Value and the Core.  The Core is a distribution of payoffs amongst the members of a social group (or a sub social group) formed into coalitions, such that no one would prefer to do otherwise by joining a different coalition.  If it is the case that some sub set of members of the social group would do better by joining some other coalition, then this sub set of members is said to block the existing coalition (or set of coalitions).  Being inside the Core is a measure of stability.  A set of coalitions with whatever distribution of payoffs is said to be stable, if it’s in the Core, because no one will disrupt the current arrangement by forming an alternate coalition.  The Shapley Value is a measure of fairness.  The Shapley Value is the payoff that each member of the social group, given the current arrangement of coalitions, should receive.  The Shapley Value is the average of the marginal contributions for each possible ordering for the current arrangement of coalitions for each member of the social group.  The idea is that you should receive a payoff that reflects your contribution to the total payoff of the social group.  

I argue that as soon as a subset of a social group has developed a sub social convention, as in a sub step public social good, then this sub social group has established a mini customary legal system.  This is the case, because they have established a system of the union of a primary, duty-imposing social convention of obligation and a secondary, power-conferring social convention of authority.  They have conferred authority upon someone(s), and, by doing so, they have created a step public social good that they have a quasi-obligation to continue to generate.  If this step public social good, which is the creation of the sub social group itself, is in the Core, which it is by definition, then this is a social institution/convention, but only for the sub social group, for those who have conferred such social authority.  It is not a social institution for the entire social group.  I make a distinction between customary law and a full-fledged legal system.  A customary law institution is a social institution, but not a full-fledged legal institution.  A legal institution is a social institution for either a sub social group or the entire social group for which the conferred authority has been conferred upon public officials qua their status as public officials.  

The authorities could have their own social convention, a tertiary social convention, to establish a distribution of the costs of communicating salience.  And, finally, the social institution is a social institution for the entire social group, including freeriding defectors who are not authorities, when the set of coalitions that comprise the step public social good are in the Core for the entire social group.  So, legal institutions are social institutions that are in the Core for either a sub social group or the entire social group, for which the conferred legal authority remains in the hands of a small subset of the social group qua their explicit status as public officials.  I will also delve further into the idea of using the Shapley Value to define a legitimate legal or social institution, as opposed to an illegitimate legal or social institution.  

Are Criminals Criminals?  Or, Are They Freeriding Defectors (But Not Authorities)?

Our notion of criminal punishment is called into question with this account of a legal system.  The freeriding defectors, including those who have not and are not legal authorities/public officials, serve an important purpose.  They ensure the stability of the step public social good that is the legal institution, including the State itself.  I argue that the State does not in fact punish so called criminals as a retributive statement on behalf of the citizenry, and the State does not in fact punish so called criminals with the aim of specific deterrence.  The State does not in fact want so called criminals to stop being freeriding defectors.  The State punishes so called criminals as propaganda, undermining propaganda.  The State needs for the social group members that are the pool of cooperators to know that there exists a large subset of the social group who are freeriding defectors, so that the cooperators will continue to comply with the law, so that the legal system and the State do not collapse back to the state of nature.  This is what the State is actually doing when it punishes so called criminals.  So, you could make the argument that the purpose of punishment is general deterrence.  But, a purpose of maintaining the status quo is a better characterization.  Additionally, I would like to address how the State’s policy of mass incarceration arises and how the over populated prison system is itself a system of undermining propaganda and oppressive coercion, not just of those imprisoned, which it is, of course, but also of those who number themselves amongst the group of cooperators who are generating the State and its legal system through their compliance.  And, of course, it is amongst this pool of so-called criminals that social change and activism is possible.  So, of course, they are a threat to the existing State/legal system.  It is possible for social activism to arise within the pool of cooperators as well, but this is more likely to take place amongst the so-called criminals.  

Conclusion

Hart’s fatal mistake in The Concept of Law was to alienate the general public/citizenry from their own legal system.  He did this to capture the obligatory character of law, or, at least, something closely akin thereto, i.e., the quasi-obligation that exists when there is a single rational thing to do, which is to conform to the Lewisian social convention to which your entire social group is conforming.  Hart chose to alienate the social group whose legal system it is from their own legal system, because he knew he could never have the unanimity in acceptance that his account of a legal system demanded.  But, in so doing, he dealt a fatal blow to his legal theory.  Unanimity of preference for, expectation of, and actual conformity can no more be expected of the body of public officials of a legal system than it can be expected of the general public/citizenry.  And, he created an untenable chicken and egg dilemma, because the public officials of Hart’s legal system now confer authority upon and constrain themselves.  It’s not even clear how they arise in the first place.  Moreover, Hart’s legal system cannot evolve or devolve over time, and leaves no room for dissent or disagreement or pluralism.  

The solution is to apply a Modified Lewisian/Hartian Account of Social Conventions to Hart’s account of a legal system in The Concept of Law.  A legal institution is a social institution/convention; it is a step public social good.  Just as Hart’s legal system in The Concept of Law is a union of a primary, duty-imposing social convention/rule of obligation and a secondary, power-conferring social convention/rule of authority, so is a social convention itself, according to the Modified Lewisian/Hartian Account of Social Conventions, for which a formal game-theoretic, rational choice-based definition has been given above. 

All social coordination requires authority.  A practical authority overcomes the risk dominance of the status quo position in a situation that gives rise to a Lewisian social convention, because the practical authority makes known how all social group members will behave.  And, because the practical authority is a freeriding defector, the moment that the social convention that is the social group itself is generated, the social group sits upon an equilibrium point.  No one who is party to the social convention has any incentive to stop cooperating to generate the step public social good, because the social institution/convention would collapse.  Therefore, there is a quasi-obligation to do the one rational thing, which is to continue to conform to the social convention.  In this way, we are able to sever Hart’s necessary connection between unanimity in acceptance and obligatory character.  Thus, we can have sub social groups with sub social institutions/conventions (step public social goods) that wax and wane over time.  And, we can accommodate difference, dissent, and pluralism.  And, most importantly, we can re-enfranchise the general public/citizenry, and give back the legal system to the social group whose legal system it is.  The general public is a major player in their own legal system again, conferring legal authority upon the public officials of their legal system, and constraining the boundaries of their public officials’ legal authority, which is the Rule of Recognition, the ultimate criterion of validity of a legal system, the body of primary social conventions the social group whose legal system it is do and will accept and use.   

Future work will include a complete account of how sub social groups evolve and devolve, as well as a precise account of when a social institution of a sub social group becomes a social institution of the entire social group.  Additionally, I will delve deeper into the process of how an authority arises and what happens when there is more than one assumption of authority to solve a particular coordination problem.  I will also complete an agent based computational model and simulations in Matlab of how social institutions, including legal institutions, arise in a population, evolve, devolve, and, eventually, collapse.  I will also complete an empirical social psychological study on the nature of authority, the nature of legitimacy, and the nature of the relationship between the two.  

Work Cited

Dworkin, Ronald, 1986b, Law’s Empire, Cambridge: Harvard University Press.

Gilbert, Margaret, 1989. On Social Facts, New York: Routledge.

Gilbert, Margaret, 2008. “Social Convention Revisited,” Topoi, 27: 5–16.

Hart, H.L.A., 2012, The Concept of Law, 3rd edition (first edition 1961), Oxford: Clarendon Press.

Lewis, David, 1969. Convention, Cambridge: Harvard University Press.

Pacheco, J., Santos, F., Souza, M., & Skyrms, B. (2009) Evolutionary dynamics of collective action in N-person stag hunt dilemmas. Proc. R. Soc. B. 276, 315-321. (doi:10.1098/rspb.2008.1126)

Postema, Gerald, 1982.  “Coordination and Convention at the Foundations of Law,” The Journal of Legal Studies, 11(1), 165-203.

Ranehill, Eva, Schneider, Frédéric, & Weber, Roberto, “The unrealized value of centralization for coordination” (unpublished manuscript dated January 1, 2017 received from authors).

Raz, Joseph, 1979, The Authority of Law, Oxford: Clarendon Press.

Raz, Joseph, 1990, Practical Reason and Norms, 2nd ed., Oxford: Clarendon Press.

Shapiro, Scott, 2011, Legality, Cambridge, MA: Harvard University Press.

Skyrms, Brian, 1996. Evolution of the Social Contract. Cambridge: Cambridge University Press.

Skyrms, Brian, 2010. Signals: Evolution, Learning, and Communication, Oxford: Oxford University Press.

Skyrms, B. (2004). The Stag Hunt and the Evolution of Social Structure. Cambridge: Cambridge University Press.

Ward, Hugh, 1990, “Three Men in a Boat, Two Must Row:  An Analysis of a Three-Person Chicken Pregame”, Journal of Conflict Resolution, Vol 34, Issue 3, pp. 371 – 400.

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My 3rd Yale PhD Dissertation Paper: A Non-Ideal Account of Meaning Based Upon A Modified Lewisian/Hartian Account of Social Conventions

This is my 3rd Yale PhD Dissertation Paper, A Non-Ideal Account of Meaning Based Upon a Modified Lewisian/Hartian Account of Social Conventions.

I still have some formatting and citation to do, but the text is done!!! Woo hoo!!! Ok, I’m going to go put the finishing touches on my 2nd Dissertation Paper, Hart’s Fatal Mistake in The Concept of Law and How to Fix It.

A Non Ideal Account of Meaning Based Upon a Modified Lewisian/Hartian Account of Social Conventions

Sarah Braasch

Introduction

What does it mean for a language to be the language of that population?  David Lewis argues in Convention that a language is the language of a certain population, if that population has a social convention of truthfulness in that language.  This might seem intuitive, even if an idealization.  Don’t we use language to align our beliefs about objects and facts in the world?  

I argue that this is mistaken.  We are never simply aligning our beliefs.  We use language to impose our worldviews upon one another.  

Social power is antecedent to linguistic meaning.  The world doesn’t come to us carved at the joints.  We do the carving.  And, we are always carving the world into extension sets of referents and corresponding linguistic concepts.  I am carving the world as I type.

Linguistic meaning is a social institution like any other social institution; linguistic meaning is a social convention; it is a step public social good.  And, the assumption and conferral of practical authority is an essential feature of all social institutions/conventions (step public social goods).

This is why I use a Modified Lewisian/Hartian Account of Social Conventions as the basis for a Non-Ideal Account of Meaning.  This account can accommodate our pre-theoretical intuitions that linguistic meaning evolves over time, waxing and waning, as sub social groups introduce and cease to use linguistic terms and concepts and referents.  It also solves many problems in the philosophy of language. 

It solves Saul Kripke’s problem of the eternal initial baptism/primitive reference.  The initial baptism is an ostensive definition with a demonstrative reference, i.e., a pointing with authority.  The initial baptism is rendered an identity statement between two rigid designators (the pointing and the authority), because a social group has conferred naming authority.  This answers to our pre-theoretical intuitions that we use proper names and general terms as rigid designators, even for what we construe as artifact kind terms.  

And, we may use proper names and general terms to refer to objects about which we may know nothing.  This is the beauty of an account of reference for proper names and general terms that is a social convention to refer as a naming authority refers.  (This is why I argue that linguistic competence is much more a matter of know how than know that.)  

It also solves Gareth Evans’ problems with his causal description theory of reference for proper names.  Every time we stand in the ostensive definition relation to an object, we make it the case that the name/general term that we use possesses indexicality.  But, because the ostensive definition relation is the most intimate relation in which a speaker may stand with respect to the referent, the truth conditions of our statements never become severed from the things that we care about in the present.  Using a name is bestowing a name, if I have the authority to so bestow a name.

Linguistic Meaning is a Social Institution, Therefore Social Power is Antecedent to Linguistic Meaning

What does it mean for a language to be the language of this population?  In his seminal work, Convention, David Lewis argues that a language is the language of a certain population when that population has a social convention of truthfulness in that language.  This may seem intuitive, if an idealization.  Don’t we use language to align our beliefs about objects and facts in the world?  

I argue that David Lewis is mistaken.  We are never simply using language to align our beliefs about objects and facts in the world.  We use language to impose our worldviews upon one another, even in the course of a single conversation.  

Social power is antecedent to linguistic meaning.  The world does not come to us carved at the joints; we do the carving into extension sets of referents and corresponding linguistic concepts, and, yes, even in the course of a single conversation.  Ultimately, what this means is that all kinds are social kinds, including what we construe as natural kinds, with an underlying atomic structure, and what we construe as artifact kinds.  This means you are a social kind.  Your social group births you into existence.  But, don’t worry, I leave room for you to advocate for your own existence.  But, you do need to find at least one other person to confer authority upon you to name yourself.  

Linguistic meaning is a social institution like any other social institution; linguistic meaning is a social convention; it is a step public social good.  And, the conferral of authority is an essential feature of all social institutions/conventions (step public social goods).  The nature of an object/referent or extension set of objects/referents is socially determined by a naming authority.  A naming authority always assumes such authority, which is then conferred by her social group.  The social group conforms to the naming social convention made salient by the naming authority.  

This is why I use a Modified Lewisian/Hartian Account of Social Conventions as the basis for a Non-Ideal Account of Meaning.  This account can accommodate our pre-theoretical intuitions that linguistic meaning evolves over time, waxing and waning, as sub social groups introduce and cease to use linguistic terms and concepts and referents.  It also solves many problems in the philosophy of language. 

This Non-Ideal Account of Meaning can accommodate all 4 essential features of reference that I outline below, including indexicality (we use proper names and general terms as rigid designators); the fact that one need not have any explicit or specific beliefs about a referent to designate that referent by using a linguistic term (linguistic competence is far more a matter of know how than know that); the evolution and devolution of naming social conventions (as mentioned immediately above); and the fact that competent speaker-members of a social group stand in the ostensive definition relation to their referents, the most intimate relation in which a speaker may stand to a referent (this makes it the case that the truth conditions of our statements never become severed from the things that we care about in our current socio-cultural context).  

This Non-Ideal Account of Meaning based upon a Modified Lewisian/Hartian Account of Social Conventions solves all of the issues with existing accounts of reference for proper names and general terms, including Bertrand Russell’s and John Searle’s description theories of reference, Saul Kripke’s causal theory of reference, and Gareth Evans’ causal description theory of reference.  Description theories of reference do not render proper names and general terms as rigid designators with indexicality that pick out the same referents in all possible worlds in which they designate.  Kripke’s causal theory of reference cannot accommodate the evolution and devolution of linguistic meaning, because it demands a reference preserving chain of designation all the way back to the primitive reference/initial baptism.  This also means that the truth conditions of a speaker’s statements end up being completely severed from anything the speaker cares about or is attempting to refer to in her present socio-cultural community.  Evans attempted to improve upon Kripke with his causal description theory of reference, but he also failed to render proper names and general terms rigid designators with his reliance on the dominant source of a body of information rather than a family of descriptions.  Evans did nothing more than evoke evolving social conventions to accommodate the evolution of linguistic meaning, and, unfortunately, he failed in all cases to maintain a connection between a speaker’s present concerns and the truth conditions of her statements.  

A Modified Lewisian/Hartian Account of Social Conventions as the Basis for a Non-Ideal Account of Meaning

This Modified Lewisian/Hartian Account of Social Conventions defines a social convention as a Hartian system of social conventions.  This system of social conventions includes a primary, duty-imposing social convention of obligation (or quasi obligation) and a secondary power-conferring social convention of authority.  This is Hart’s legal system from The Concept of Law, but modified.  For Hart, legal rules are legal rules, because they are part of a system of social rules; however, Hart was actually giving an account of social conventions.  The social conventions that comprise this system of social conventions are Lewisian social conventions, in that this is David Lewis’ game theoretic, rational choice-based account of social conventions from his seminal work, Convention, but modified.

Why modified?  Both Lewis and Hart were trying to capture what they construed as an essential feature of social conventions, their obligatory character.  But, both Lewis and Hart appreciated that they had only an individual, instrumental (means-ends) rationality with which to work.  This led both men to devise accounts of social conventions that are Lewisian social conventions, in that there is a single rational thing to do, which is what everyone else in one’s social group is doing.  If there is a single rational thing to do, then you have something approaching an obligation or quasi-obligation to do that one rational thing.  Both Lewis and Hart demand unanimity in preference for, expectation of, and actual conformity, in order to generate obligatoriness.  

But, Lewisian social conventions only arise in situations wherein everyone in a population is particularly motivated to align their beliefs and expectations with one another.  No unilateral deviation may be tolerated, because everyone fares far worse, if even a single social group member fails to conform.  This means that Lewisian social conventions are severely constrained.  They must pop into and out of existence, and they cannot evolve or devolve, nor do they allow for dissent or disagreement or pluralism.  This is because of the risk dominance of the status quo position.  No one party to a Lewisian social convention is going to jump to an alternate social convention, unless she is certain that her entire social group will jump with her.  But, we have pre-theoretical intuitions that our social conventions wax and wane over time, arising in a population, evolving and devolving, and, eventually, collapsing.  We have pre-theoretical intuitions that people disagree about what the law is and should be.  

There are 3 steps to modifying Lewis’ and Hart’s accounts of social conventions to allow for evolution and devolution, disagreement and dissent, and pluralism.  Step 1 is to acknowledge Margaret Gilbert’s insight that social conventions are social group constituting.  A population that has a social convention is a social group for that reason alone, if for no other.  Step 2 is to acknowledge the role that practical authority plays.  Practical authority solves the problem of the risk dominance of the status quo position, because a practical authority makes known how everyone in a social group will behave.  The account of authority employed is that of legal philosopher Joseph Raz.  To have authority over someone is to have the power or capacity to alter their protected reasons, and a protected reason is a reason to do something and not to consider any alternate actions.  A last important point is that authority is always assumed, then conferred, but the risk-tolerant, fore-sighted persons required to assume such authority may be few and far between.  Social coordination problems often go unsolved.  

Step 3 is acknowledging that social institutions/conventions are step public social goods.  The moment that the social good that is the constitution of the social group itself is generated, the social group resides upon an equilibrium point.  This is because the practical authority is a free riding defector, a member of the social group, but not party to the social convention.  Fortunately, Lewis allowed for negligible deviation in Convention.  At the equilibrium point, no one party to the social convention has any incentive to deviate, because the social group would collapse back to the status quo.  And, the practical authority/freeriding defector has no incentive to conform to the social convention, because they fare far better by freeriding.  Thus, everyone who is party to the social convention has something approaching obligation to continue conforming, but we have severed the necessary connection between unanimity of conformity and obligatoriness.  

We can now have sub social groups with sub social institutions/conventions that wax and wane over time.  We can have disagreement and dissent and pluralism.  The game theoretic concepts of the Core and the Shapley Value define when a sub social institution/convention becomes the social institution/convention of the entire social group.  A social institution becomes a legal institution when the authority that is conferred by the social group or sub social group is conferred upon public officials qua public officials.  

This is the game theoretic, rational choice-based formal definition of a Modified Lewisian/Hartian Account of Social Conventions:

First, the formal definition of the primary, duty-imposing social conventions of obligation (or quasi-obligation):

A regularity R in the behavior of members of a population P when they are agents in a recurrent situation S is a convention if and only if it is true that, and it is common knowledge in P that, in almost any instance of S among members of P,

  • a minimum threshold level of or more members of P conforms to R;
  • a minimum threshold level of or more members of P expects a minimum threshold level of or more members of P to conform to R;
  • almost everyone has approximately the same preferences regarding R and R’;
  • a minimum threshold level of or more members of P prefers to conform to R, on condition that a minimum threshold level of or more members of P conforms to R;
  • a minimum threshold level of or more members of P would prefer to conform to R’, on condition that a minimum threshold level of or more members of P conforms to R’,

where R’ is some possible regularity in the behavior of members of P in S, such that almost no one in almost any instance of S among members of P could conform both to R’ and to R.

This also translates into the following formal definition for the secondary, power-conferring social conventions of authority:

The identification of a practical authority to make salient the solution to a primary duty imposing coordination problem of obligation, R, by members of a population P when they are agents in a primary duty imposing coordination problem of obligation is a convention if and only if it is true that, and it is common knowledge in P that, when such practical authority, R, is assumed, then:  

  • almost everyone conforms to R;
  • almost everyone expects almost everyone else to conform to R;
  • almost everyone has approximately the same preferences regarding all possible combinations of actions;
  • almost everyone prefers that any one more conform to R, on condition that almost everyone conform to R;
  • almost everyone would prefer that any one more conform to R’, on condition that almost everyone conform to R’,

where R’ is some possible identification of a practical authority (or none) by members of P in S, such that almost no one in almost any instance of S among members of P could conform both to R’ and to R.

The simultaneous existence of these two social conventions, one primary and duty imposing, the other secondary and power conferring, in union, is the formal definition of a Modified Lewisian/Hartian Account of a Social Convention.  

The Meaning, and Two Senses, of Meaning

I argue that linguistic meaning retains the sense/reference ambiguity, or, rather, distinction.  It is not ambiguous.  There are two senses of the term ‘meaning.’  One sense of the term ‘meaning’ is reference, which is the extension set of objects/entities of which the term is true; the other sense of the term ‘meaning’ is linguistic concept, which is something similar to Hilary Putnam’s stereotype, i.e., a linguistic concept is a set of characteristics, superficial or no, associated with an ostensible paradigmatic example of the objects in the extension set of the term in question.  The term ‘elm’ refers to the extension set of all elm trees.  There is a sense of the meaning of the term ‘elm’ that is this extension set of all elm trees.  The linguistic concept associated with the term ‘elm’ is that of a deciduous tree common to North America.  There is a sense of the meaning of the term ‘elm’ that is a deciduous tree common to North America.  Neither the intension (understood as linguistic concept) nor the mental state of an individual speaker determines the extension of the term ‘elm,’ or any general term, be it a natural or artifact kind term.  As Putnam made clear in the “Meaning of Meaning,” both our linguistic concept associated with the term ‘elm,’ which he would have understood as the stereotype of an elm tree, and the conception of an elm tree possessed by any ordinary, non-expert English speaker, are too impoverished to possibly determine the extension set (the referent) of the term ‘elm.’  The nature (which is socially determined) of the objects in the extension set of a term defines the boundaries and content of the extension set.  Neither the linguistic concept associated with a term, nor a conception (mental state) that an individual speaker associates with a term, necessarily picks out the nature of the objects in the extension set of the same term.  

The One Sense of Meaning:  Reference

Let’s begin with reference, with the referent of a general term (or a proper name).  No vocalization or utterance that a human being might make is imbued with natural meaning, in Paul Grice’s sense of natural meaning (e.g., smoke means fire).  In other words, there is nothing salient about using this or that morpheme or term to refer to some object/entity or set of objects/entities.  This means that we have a coordination game wherein a social group of human beings would prefer to use the same term to refer to an object or set of objects rather than use different terms to refer to the object (or set of objects).  Let’s imagine that this is a scenario which may give rise to a Lewisian social convention (a solution to a pure coordination game that is one of at least two proper coordination equilibrium points), because the members of the social group are particularly motivated to align their beliefs and expectations with one another.  Let’s imagine that the social group is trying to coordinate upon a general term to refer to a particularly dangerous set of predators, tigers.  (I take issue with Brian Skyrms’s use of the replicator dynamics of evolutionary game theory as the way in which social conventions arise in human populations, because this simply cannot account for the way in which the terms of human natural languages are wholly lacking in natural meaning.)

I argue that, in order to solve the coordination problem, a secondary power conferring social convention of authority arises, out of necessity.  The solution to this secondary power conferring social convention is to identify as the naming authority whomever assumes such authority.  The person who assumes the authority to make salient the primary duty imposing social convention upon which the social group will converge will have such authority conferred upon her, authority constrained by the proper coordination equilibrium points (the regularities in behavior) that the social group does or will accept.  

There are 4 essential features of reference for proper names and general terms.  At least 1 or more of these essential features have proven themselves to be stumbling blocks to extant theories of reference, including Bertrand Russell’s and John Searle’s description theories of reference; Saul Kripke’s causal theory of reference; and Gareth Evans’ causal description theory of reference.  I explain below how a Non-Ideal Account of Meaning based upon a Modified Lewisian/Hartian Account of Social Conventions accommodates all 4 of these essential features of reference for proper names and general terms, and solves many issues present in other accounts of reference.   

1 – We use proper names and general terms as rigid designators.  They possess indexicality.  They pick out the same referent in all possible worlds.  

2 – We need not have any explicit beliefs about a reference.  We are still able to competently use a linguistic term, by conforming to the social convention of referring as our social group’s naming authority refers. 

3 – Linguistic meaning, in the sense of reference, evolves over time, waxing and waning as social groups introduce and cease using linguistic terms and referents.

4 – We stand in the ostensive definition relation to a referent, the most intimate relation between speaker and referent, so the truth conditions of our statements never become severed from the things that we care about in our current socio-cultural communities and context. 

There is more to explain about how exactly an authority renders a proper name or general term the name of an object/referent or a set of objects/entities.  The initial baptism/primitive reference, as Saul Kripke refers to it in Naming and Necessity, is an ostensive definition with a demonstrative reference.  The naming authority points, either literally or figuratively, to a paradigmatic example of a set of objects, or, in the case of a proper name, to the object/entity itself.  The naming authority could say something to the effect of, “I hereby bestow the name ‘tiger’ upon the set of objects with the same nature as this object.”  The claim of naming authority could be implicit.  The claim of using the one object as a paradigmatic example of all objects with the same nature could be implicit.  What is important is that the naming (the baptism/primitive reference) be an identity statement between two rigid designators.  

As Kripke points out in Naming and Necessity, an identity statement between two rigid designators, if true, is necessarily true; it is true in all possible worlds.  This is what renders either the general term or the proper name a rigid designator; this is what imbues the term with indexicality.  The one rigid designator, on the one side of the identity statement is the indexical ‘I,’ which refers to the naming authority; the other rigid designator is the demonstrative ‘that.’  The identity statement between two rigid designators will be true, if it is the case that the person doing the naming has the authority to so name.  This naming authority is bestowed by the community of speakers.  And, if such authority has been bestowed, because the community of speakers has adopted (converged upon) the social convention of referring to some object or set of objects by the proper name or general term that the naming authority has given it (made salient), then the identity statement between two rigid designators is true.  And, thus, since it is true, it is necessarily true; it is true in all possible worlds.  This is what imbues proper names and general terms with indexicality; this is what renders proper names and general terms rigid designators.  

There is more to be said, but this account of reference for proper names and general terms already answers to many of our pre theoretical notions of how we use proper names and general terms in natural language.  I am, of course, rejecting description theories of reference, e.g., Bertrand Russell’s and John Searle’s.  I will address below the role that descriptions do play.  I am relying heavily here on Kripke’s Naming and Necessity and Putnam’s “The Meaning of ‘Meaning’.”  We use proper names and general terms as rigid designators.  When I refer to Socrates, I mean to refer to that man in the actual world upon whom the name ‘Socrates’ has been bestowed, and in a counterfactual world in which Socrates did none of the things for which he is famous in the actual world, I would still mean to refer to that man and not someone else who had done all of those things.  As Putnam makes clear, we also use general terms in natural language as rigid designators, even for what we construe as artifact kind terms.  When I use the word ‘pencil,’ I mean to refer to the set of objects with the same nature as the local pencils, and if it turns out to be the case that what the inhabitants of some other possible world refer to as ‘pencils’ are in fact living organisms, then I would say that those objects aren’t in fact pencils, because my local pencils aren’t living organisms.  

And, we may use proper names and general terms to refer to objects and sets of objects about which we may know nothing, or next to nothing, or false next to nothings.  I may have no idea that Socrates was a gadfly or corrupted the youth of Athens or killed himself by drinking hemlock, but I’m still able to use the name ‘Socrates’ to refer to Socrates.  The same can be said of our use of general terms.  I can use the general term ‘elm’ to refer to elm trees, even if I know next to nothing about elm trees.  This is the beauty of an account of reference for proper names and general terms that is a social convention to refer as a naming authority refers, and the naming authority refers by giving an ostensive definition with a demonstrative reference.  

Additionally, we have the pre theoretical intuition that the references of our proper names and general terms evolve.  This is also the beauty of an account of reference based upon a Modified Lewisian/Hartian Account of Social Conventions.  Linguistic meaning is a social institution (a step public social good), and, like all social institutions, it can evolve and devolve over time, according to the account of the evolution and devolution of social conventions above.  

It is a good thing that Lewis allowed for negligible unilateral deviation in his account of social conventions, because, with respect to Lewisian social conventions, as per the naming of tigers scenario illustrated above, Lewisian social conventions are still step public social goods with a naming authority.  It must be the case that there is at least one person with the naming authority to make salient one or another social convention, and it must be the case that this person is unconstrained by social obligation.  If this person were constrained by social obligation, then she would not be in a position to assume the authority to choose to make salient the one or another social convention.  She would not be an authority in that case; she would not have the power to change the protected reasons of the members of her social group.  This is why Lewisian social conventions are also step public social goods.  

The freeriding practical authority in a social group who is not party to the social convention also preserves the essential feature of social conventions that is arbitrariness.  If it were not the case that a social group could jump to an alternate social convention, especially in the case of a Lewisian social convention, if they were motivated to do so, then their behavior would not be conventional behavior, because it would not be arbitrary.  Additionally, the existence of a freeriding practical authority makes it the case that devolution of a social convention in a social group is possible, i.e., a social group could jump from a more optimal Lewisian social convention to a less optimal social convention.  This would not otherwise be considered rational behavior. 

I will give an example of how linguistic reference evolves and devolves over time below, but, as Gareth Evans so insightfully pointed out in “The Causal Theory of Names,” it is a major disadvantage of Kripke’s causal theory of reference that reference cannot evolve over time.  Kripke requires that there exists an unbroken reference preserving chain of references from one speaker to another all the way back to the initial baptism / primitive reference.  As Evans makes clear, this is problematic, because the truth conditions of your statements end up having nothing whatsoever to do with the things that you believe and care about and about which you are speaking in your current sociocultural context.  

Evans argues for a causal description theory of reference for proper names.  Evans argues that the causal relationship within which we stand to the references of our proper names is that the reference of a proper name we might use is the primary source of the body of information that we possess.  And, Evans asserts that the source of a body of information can evolve over time, because it is the source of the body of information that we possess as a social group, and, yet, Evans argues, the proper name acts as a rigid designator, because no one else could have been the dominant source of the body of information.  Evans is himself not completely clear as to how the evolution of the reference takes place, other than the fact that he invokes evolving social conventions.

Evans is right about the need to provide an account of reference for proper names and general terms that evolves over time, and he is right to invoke evolving social conventions.  However, his causal description theory of reference fails to render proper names as rigid designators, because it’s not the case that the dominant source of a body of information picks out the same person in all possible worlds any more than a family of descriptions does.

I offer the example of Jonah from the Bible.  In the actual world, there was an actual Prophet Jonah who is the dominant source of the body of information, even though it is conceded that he did none of the things which are ascribed to him in the Bible.  However, in a counterfactual world in which someone had actually accomplished all of the feats ascribed to the Prophet Jonah, that person would be the dominant source of that body of information, not the Prophet Jonah.

Additionally, I argue that Evans fails at aligning the truth conditions of our statements, including proper names, with the things that we care about and are interested in in our current sociocultural context in all cases.  I argue that there is a causal relation that is more intimate, a causal relation that ensures that we always align the truth conditions of our statements with the things that we are interested in and care about in our current sociocultural context, even when Evans’s causal relation fails.  And, this causal relation is the ostensive definition relation.  

I argue that we stand in the ostensive definition relation to the referents of the proper names and general terms that we use in natural language.  This means that when we use a proper name or a general term, that we are, in fact, bestowing that name upon that referent (be it a singular object or a set of objects/entities).  An individual conforms to the social convention, made salient by her social group’s naming authority, of using a particular proper name or general term to refer to some object or set of objects.  Of course, the naming by the naming authority is an ostensive definition with a demonstrative reference.  This naming authority has such authority to name conferred upon her by her social group.  An individual speaker wears the mantle of the naming authority’s authority to name, when she conforms to her social group’s social convention to so name.   When social group members so conform to this social convention, they stand in the ostensive definition relation to whichever object/set of objects.  

They make it the case that the name/general term that they use possesses indexicality (is a rigid designator). It is unnecessary that anyone possesses any specific or explicit beliefs about the referent; they need only confer authority to the naming authority and conform to the social convention made salient by the naming authority.  And, since it is a social convention (a step public social good/social institution), it is the case that the referent can evolve and devolve over time.  But, because the ostensive definition relation is the most intimate relation in which a speaker may stand with respect to the referent, we can be assured that the truth conditions of our statements never become severed from the things that we care about in the present.  Using a name is bestowing a name, if I have the authority to so bestow a name.  

So, I hope it is clear that social power, the conferral of naming authority precedes linguistic meaning.  We carve up the world; the world does not come to us carved at the joints.  We determine which essential features of some objects define the boundaries of the extension set to which we are referring.  This nature might be some intrinsic, inherent underlying structure, as is the case for natural kinds.  This nature might be some set of superficial characteristics, as is the case for artifact kinds.  However, the nature of the objects that defines the boundary of a particular extension set is socially determined.  It is determined by the naming authority.  What this means is that extensions evolve over time, even the extension sets of natural kind terms.  

So, in Archimedes’ time, the extension set of the term ‘gold’ was defined by the nature of gold, but the nature of gold, which was socially determined, was defined by a set of superficial characteristics.  So, in Archimedes’ time, fools’ gold was included in the extension set of the term ‘gold.’  Of course, now, fools’ gold is not included in the extension set of the term ‘ gold.’  But, contrary to what Putnam asserts, this does not demand that I reject truth and extension.  Extension sets are picked out according to a nature defined by an authority, and it is true that the general term/name bestowed upon this extension set is the name of this extension set, if the person bestowing the name has the authority to do so.  This makes it the case that all kinds are social kinds, be they what we currently refer to as natural or artifact kinds.  

What Role is Left for Descriptions in a Non-Ideal Account of Meaning Based Upon a Modified Lewisian/Hartian Account of Social Conventions?

What role is left for descriptions in this account of reference for proper names and general terms?  I agree with Kripke, and I agree with Putnam where he agrees with Kripke, that there is little role left for descriptions in an account of reference.  Reference is an ostensive definition with a demonstrative reference.  Reference is, essentially, and in the simplest terms, a pointing with authority.  

However, descriptions can prove quite useful.  Descriptions are useful, because we can use descriptions to make clear to our social groups to which extension sets we are referring.  We can actually use descriptions to point figuratively.  Kripke calls this using a description to pick out a reference, to make clear to what exactly one is referring in the actual world during the primitive reference, but Kripke also makes clear that this is absolutely not making the name synonymous with the description.  We also use descriptions as the proclamation to the social group, so that everyone in the social group knows to what exactly the naming authority is referring.  We also use descriptions as official documentation of the naming, much akin to birth and baptismal certificates.  And, just as is the case with birth certificates, we make certain persons and groups of persons in the community of speakers the keepers of this knowledge.  This is yet another social convention; this is yet a different kind of authority that is conferred.  And, because of this, it is not necessary for anyone else in the social group to have any specific or explicit beliefs about the referents of our proper names or general terms.  If need be, we can refer to these authorities who are the keepers of this knowledge.  

When a Naming Social Convention of a Sub Social Group Becomes the Social Convention of the Entire Social Group

We can also think about how reference becomes a social institution of a sub social group, and how reference becomes a social, or even legal, institution of the entire social group.  Reference is a social institution/convention.  All members of a social group may assume naming authority to introduce new words into a language and to cease using certain words, naming authority which may or may not be subsequently conferred by a sub social group.  I will argue that some naming, in particular with respect to proper names, is a legal institution of the entire social group, of course, even if such a social group tolerates nicknames or stage names, etc., within sub social groups.  

With respect to persons living in our current social communities, this is the case.  And, this is because the authority has been conferred upon a public official qua public official, i.e., in their official public capacity.  It is particularly important that we align our beliefs and expectations with respect to naming and identifying the persons who are living in our current communities for a whole slew of reasons.  So, we are intolerant of unilateral deviation.  In these instances, we can only jump to an alternate naming convention for a particular person en masse, as a group, instantaneously and simultaneously.  This is why you have to change your name legally.  

But, in speaking to how linguistic meaning is a social institution (a social convention/step public social good) that evolves and devolves over time, we can determine the point at which a particular reference becomes a social institution for the entire social group, rather than for merely a sub social group.  And, we can employ the cooperative game theoretic concepts of the Core and Shapley value here.  The point at which the grand coalition (including freeriding defectors who are authorities and non-authorities) enters the Core is the point at which the particular referent is a social institution for the entire social group.  What is particularly interesting about this is that you can think of this project as giving a precise mathematical game theoretic account of natural language ontology.  Natural language ontologists, like Frederike Moltmann, give intuitive answers for when the extension set of a term is in the core of a natural language ontology and when it is in the periphery.  This non-ideal account of reference, based upon a modified Lewisian/Hartian account of social conventions, is a way of giving a precise, quantitative answer to this question.  

The Other Sense of Meaning:  Linguistic Concepts

Let’s speak to the other sense of the term ‘meaning.’  How do linguistic concepts arise and evolve and devolve, and what are linguistic concepts exactly?  I argue that the linguistic concept associated with a term arises at the same point as does the reference/extension of the term.  A linguistic concept is what Putnam refers to as a stereotype.  A linguistic concept is a set of characteristics, either superficial or intrinsic, associated with an ostensible paradigmatic example of the objects in the extension set associated with a term. A linguistic concept is a social convention (it is a social institution/a step public social good).  A linguistic concept associated with a term often co-evolves along with the extension set of that term, but they can come apart.  

When the naming social convention arises, the social convention made salient by the naming authority during the primitive reference/initial baptism, the naming authority proclaims the essential features that define the boundaries of the extension set of the referent.  This is the birth of the linguistic concept associated with a term.  These proclaimed essential features, either intrinsic or superficial, are the linguistic concept; they are Putnam’s stereotype.  A secondary power conferring social convention of authority arises as well, to identify the keepers of this knowledge, i.e., the keepers of these linguistic concepts.  

Just as is the case for the referent associated with a term, the linguistic concept associated with a term evolves over time.  Often, if the extension set associated with a term evolves, so that the boundaries of the extension set, i.e., the nature of the objects within the extension set, is determined according to some intrinsic, inherent underlying structure, rather than a set of superficial characteristics, it will be the case that the linguistic concept associated with the term continues to be the set of superficial (sometimes very minimal) characteristics.  We find this to be the case regarding the term ‘elm.’  When we use the term ‘elm,’ we refer to the extension set of elm trees, per the intrinsic underlying structure of elm trees.  But, when we use the term ‘elm,’ we (generally speaking) mean the shared linguistic concept of a common deciduous tree found in North America.  Our linguistic concept and our referent associated with the term ‘elm’ have come apart.  This is not the case with respect to the term ‘water.’  I argue that our linguistic concept associated with the term ‘water’ is H2O, and the socially determined nature that defines the boundaries of the extension set associated with the term ‘water’ is also H2O.

Putnam argues that, in order to be considered a competent speaker in a given natural language, it is linguistically obligatory to know, in the sense of know that, the linguistic concept (stereotype) associated with a term.  I argue that this is not the case.  Just as we can use terms to refer as our communities use them to refer, we can use terms to mean (in the sense of linguistic concept) what our communities use them to mean, without having any specific or explicit beliefs about the linguistic concept in question.  

I employ the example of the blind gemologist.  Consider the term ‘jade.’  There are two different types of gemstone within the extension set of the term ‘jade.’  There is nephrite and jadeite.  These two different gemstones have different atomic structures.  I argue that the linguistic concept associated with the term ‘jade’ is a pale green gemstone found in Asia.  Imagine a blind gemologist who has no conception of the term ‘green.’  Therefore, she can’t have any conception of the linguistic concept associated with the term ‘jade.’  But, the blind gemologist can still conform to the social convention, which is to use the term ‘jade’ to mean, in the sense of linguistic concept, a pale green gemstone found in Asia.  The blind gemologist means what her community means, in the sense of linguistic concept, when she uses the term ‘jade.’  The blind gemologist can still confer authority upon the keepers of this linguistic concept in her social group.  Again, this is why I regard linguistic competence as much more a matter of know how (to confer authority and conform) than know that, which entails having explicit and specific beliefs.     

Moreover, as an expert in gemstones, imagine that the blind gemologist introduces the linguistic concept that is whatever the underlying atomic structures of nephrite and jadeite are for the term ‘ jade.’  Imagine that she influences a large number of persons in her community.  Imagine that she establishes herself as a naming authority and/or keeper of linguistic concepts in her sub social group.  This sub social group has a social institution of using the linguistic concept (that is the underlying atomic structures of nephrite and jadeite) for the term ‘ jade.’  I would argue that the blind gemologist knows the meaning, in the sense of linguistic concept, of the term ‘jade.’  I would argue that she is fully linguistically and semantically competent, even if she does not know the linguistic concept for the term ‘jade’ for the entire social group.  Therefore, it cannot be linguistically obligatory to know, in the sense of know that, the linguistic concept associated with a term.  

What about abstract objects?  Or fictional entities?  I argue that the referents of abstract and fictional kind terms are the social conventions that are the linguistic concepts associated with these terms.  The referent of the term ‘Superman’ is the social institution that is the linguistic concept associated with the term ‘Superman.’  

Implications for Necessary Truth

There are no a posteriori necessary truths.  Unfortunately, Kripke is wrong about this.  And, so is Putnam.  Since it is always the case that a naming authority carves up the world via ostensive definitions with demonstrative references, it is never the case that there are necessary truths that are epistemically contingent.  We may discover that there are some different atomic structures in the world, but we choose to say that we’re going to use an atomic structure to define the nature of some objects/entities that lie in an extension set, to define the boundaries of an extension set associated with a term.  However, there are a posteriori contingent truths.  The superficial characteristics of the objects/entities in an extension set may vary wildly, and the socially determined nature of the objects in an extension set may reveal nothing about the superficial characteristics of those objects.  Also, biological evolution is constantly in effect.  

Carving up the world according to socially determined natures demands that there are a priori truths that are both necessary and contingent.  Naming a certain length of a certain bar in Paris ‘one meter’ is an a priori truth.  I have no need to investigate the world.  It is true by definition.  And, it is a metaphysically necessary truth, because the name ‘one meter’ picks out the same length in all possible worlds in which it designates.  But, it is also contingent, because the naming authority could have chosen otherwise.  She could have chosen some other length as one meter.  The fact that the term ‘one meter’ refers to the length that it does is a first order necessary truth and a second order contingent truth.  

Speech Act Theory is Superfluous

All performatives, either implicit or explicit, are actually real time, self-referential constative/indicative statements.  When I name something, I am exercising my authority to carve up the world.  My statement is true, if I have the authority to do so.  My community of speakers grants me this authority.  So, the truth conditions of my statements are determined by my community of speakers.  There is no illocutionary meaning.  All meaning is locutionary meaning.  Perlocutionary meaning is also subsumed by locutionary meaning.  If your sub social group confers authority upon you, then they will adopt the naming convention that you have made salient.  This is part of what it means for your real time self referential constative/indicative statement to be true.  All assertions are exercises of authority; they are attempts to carve up the world.  And, these statements are true if your community of speakers confers such authority upon you.  (I also argue that there are implications of this account for pragmatics.  Conversation is not a matter of aligning mutual beliefs.  We converse with one another in order to impose our worldviews upon one another.)

Thinking that there are locutionary meanings of statements and illocutionary/perlocutionary meanings of statements is a mistake.  It is not the case that words mean one thing and what we do with these words is something else, that what we do with words makes them mean something else, but in such a way that there are no truth conditions.  This is wrong.  This is simply failing to understand that linguistic meaning is a social institution/convention that evolves.  This is simply failing to understand that there can be a social institution for the entire social group, a social institution that is stable, and, at the same time, there can exist a sub social group constituted by a sub social institution/convention.  

All Kinds are Social Kinds, Including You (You Are a Social Kind)

There are feminist metaphysicians and social ontologists, including Judith Butler, who argue that your existence as a social kind is determined by your community of speakers.  I argue that this is the case.  You don’t exist, you don’t have the authority to refer to yourself and to assert statements about yourself with the indexical ‘I,’ unless your community of speakers grants you such authority.  Your social group births you into existence.  Nonetheless, I leave room for activism; I leave room for the assumption of authority.  So, you are able to advocate on behalf of your own existence.  I make it the case that you can assert your own existence. Some feminist metaphysics denies this possibility.  But, you still have to get at least one other person in your social group to confer this authority upon you.  Otherwise, you don’t exist.  All kinds are social kinds, and you are a social kind.  You are part of the world, and the way in which the world gets carved up is socially determined.  

Linguistic (and Semantic) Competence is a Matter of Know How, Not Know That

This account allows for the possibility that a member (or many members) of a social groupa community of speakers could use terms to refer and could use terms to mean shared linguistic concepts without possessing any specific or explicit beliefs about the referent or the linguistic concept.  This person could be referring as their social group refers; this person could be using a term to mean what their social group means.  In order to allow for the evolution and devolution of reference and meaning, we have to lower the bar on what we require speakers in a community to know, in the sense of know that, in order to count as linguistically and semantically competent.  I argue that someone can use terms in a perfectly linguistically and semantically competent way by conferring authority and conforming to the social conventions made salient by the naming authority, without having any explicit beliefs about the referents or linguistic concepts.  I rely upon Jason Stanley’s work on know how.  Linguistic and semantic competence is far more a matter of know how than know that.  

Conclusion

Herein I have given a Non-Ideal Account of Meaning based upon a Modified Lewisian/Hartian Account of Social Conventions.  I have given a formal game theoretic, rational-choice based definition of a Modified Lewisian/Hartian Account of Social Conventions.  We need a non-deal account of meaning, because linguistic meaning, in both senses, i.e., reference and linguistic concept, is a social institution, and a social institution is an evolving social convention; it’s a step public social good of a sub social group.  Social power is antecedent to linguistic meaning.  We are the ones that carve up the world, even in the course of a single conversation between two persons.  

This Non-Ideal Account of Meaning based upon a Modified Lewisian/Hartian Account of Social Conventions can accommodate all 4 of the essential features of reference outlined above:  indexicality, evolution and devolution, know how rather than know that, and the ostensive definition relation.  This account solves many issues in existing theories of reference that cannot accommodate all 4 essential features of reference outlined above.  This includes Russell’s and Searle’s description theories of reference, Kripke’s causal theory of reference, and Evans’ causal description theory of reference.  

Future work includes an empirical social psychological study on the nature of authority and legitimacy and the relationship between the two.  Future work also includes an agent-based computational model and simulations of how social institutions, including linguistic meaning, i.e., social conventions/step public social goods, arise in a population, evolve and devolve, and, eventually, collapse.  The model and simulations will also include the way in which individual quasi-rational agents intentionally pressure the evolution and devolution of their social institutions.  

Work Cited

Austin, J.L., 1962, How to Do Things with Words, Oxford: Clarendon Press.

Butler, J., 1990, “Performative Acts and Gender Constitution”, in Performing Feminisms, S-E. Case (ed.), Baltimore: John Hopkins University.

Evans, G., 1982, The Varieties of Reference, Oxford : Clarendon Press.

Evans, Gareth & J.E.J. Altham, 1973, “The Causal Theory of Names,” Proceedings of the Aristotelian Society, Supplementary Volumes Vol. 47 (1973), pp. 187-225.

Gilbert, Margaret, 1989. On Social Facts, New York: Routledge.

Gilbert, Margaret, 2008. “Social Convention Revisited,” Topoi, 27: 5–16.

Grice, Herbert Paul, 1957, “Meaning”, The Philosophical Review, 66: 377–88.

Hart, H.L.A., 2012, The Concept of Law, 3rd edition (first edition 1961), Oxford: Clarendon Press.

Kripke, S., 1972, “Naming and Necessity”, in Davidson and Harman 1972, 253–355, 763–769. Reprinted later as: 1980, Naming and Necessity, Oxford: Blackwell.

Lewis, David, 1969. Convention, Cambridge: Harvard University Press.

Moltmann, Frederike, 2013. Abstract Objects and the Semantics of Natural Language, Oxford University Press.  

Putnam, Hillary, 1973, “Meaning, Reference and Stereotypes”, Journal of Philosophy, 70: 699–711.

Putnam, Hillary, 1975, “The Meaning of ‘Meaning’”, in Mind, Language and RealityPhilosophical Papers Vol. 2, Cambridge: Cambridge University Press.

Ranehill, Eva, Schneider, Frédéric, & Weber, Roberto, “The unrealized value of centralization for coordination” (unpublished manuscript dated January 1, 2017 received from authors).

Raz, Joseph, 1979, The Authority of Law, Oxford: Clarendon Press.

Raz, Joseph, 1990, Practical Reason and Norms, 2nd ed., Oxford: Clarendon Press.

Searle, John, 1969. Speech Acts, Cambridge: Cambridge University Press.

Searle, John, 1995. The Construction of Social Reality, New York: Free Press.

Skyrms, Brian, 1996. Evolution of the Social Contract. Cambridge: Cambridge University Press.

Skyrms, Brian, 2010. Signals: Evolution, Learning, and Communication, Oxford: Oxford University Press.

Skyrms, B. (2004). The Stag Hunt and the Evolution of Social Structure. Cambridge: Cambridge University Press.

Stanley, Jason, 2011, Know How, Oxford: Oxford University Press.

Ward, Hugh, 1990, “Three Men in a Boat, Two Must Row:  An Analysis of a Three-Person Chicken Pregame”, Journal of Conflict Resolution, Vol 34, Issue 3, pp. 371 – 400.

If you wish to support me, as I seek justice, it would mean the world to me. Here are my PayPalMe and GoFundMe links. 

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Team Kanye West! Benjy Bronk Had to Make Perez Hilton Stop Trying to Drive Me to Suicide on Twitter. DL Hughley and Perez Hilton Terrorize Vulnerable Women on Twitter for Sport.

Since we’re keeping score about who is and isn’t abusing vulnerable and traumatized and suicidal women on Twitter for sport, I’m Team Kanye West.

Benjy Bronk from Howard Stern’s Show literally had to make Perez Hilton stop trying to drive me to suicide on Twitter.

Both DL Hughley and Perez Hilton have repeatedly told disgusting LIES about me that put my life in the gravest of danger. Neither has ever retracted their defamatory statements about me nor apologized for almost getting me killed and destroying my lifelong human and civil rights academic and legal careers.

If you wish to support me, as I seek justice, it would mean the world to me. Here are my PayPalMe and GoFundMe links. 

PayPalMe:  https://www.paypal.me/SarahBraasch

GoFundMe:  

https://www.gofundme.com/f/w6xyg-sarah-braasch-legal-fund

My Facebook Fundraiser:

https://www.facebook.com/donate/470006834495269/

Patreon:

https://www.patreon.com/sarahbraasch?fan_landing=true

You can follow me on twitter here:  https://twitter.com/sarahbraasch1?lang=en

Please subscribe to my YouTube Channel here: https://www.youtube.com/channel/UCz4xV2R6mTVJhAu9OQzwp5g

Please Donate to My Legal Fund So I Can Sue the Journal “Nature.” Today, they published what can only be construed as a Death Threat Against Me for Black Trauma Moral Outrage Industry $$$.

Please know that Nature, the publication that claims to be the world’s leading scientific journal, attempted to Lynch me today, according to the NAACP’s definition of a lynching as a public killing without Due Process. This is Woke KKK Cancel Culture and Trial by Twitter without Due Process.

Today, Nature published what can only be construed as a Death Threat against me, meant to incite my murder and drive me to suicide and destroy what remains of my life, which isn’t much.

Today, Nature tried to get me killed over an almost 4 year old non-event and non-crime at Yale, for which I already almost died many times over, and for which I already lost my lifelong human and civil rights academic and legal careers.

I am struggling just to stay alive; I am struggling just to survive and to stay off the streets. I am living in poverty.

But, this isn’t enough punishment for Nature, for a perfectly obvious Living While Black Hate Crime Hoax at Yale from almost 4 years ago.

Nature isn’t going to stop attacking me until I’m dead, because Nature has gone full Woke, and I am an existential threat to them, because I am the PROOF that they are evil, lying bigots and charlatans and frauds.

Nature couldn’t care less about Racism or Black people or Police Brutality. Nature cares about lining their pockets with Black Trauma Moral Outrage Industry Money, and they don’t care if they have to get an innocent Yale grad student and lifelong civil rights attorney killed to do it. In fact, they want me dead, so that they can make more money off my corpse.

Nature published a race-baiting dystopian fantasy and Living While Black Race Hoax article, because they don’t seem to care anymore about publishing science.

They aren’t even pretending to be a scientific journal anymore.

They just push Woke Ideology and dogma and obvious Living While Black Race and Hate Crime Hoaxes. Nature thought I was the perfect victim to get killed to make Black Trauma Moral Outrage Industry money, because they regard my life as worthless, because of my mental health disabilities and because they see me as a poor white trash interloper who doesn’t deserve to be at Yale.

Nothing could have been more obvious than the fact that the video Lolade Siyonbola took of me was meant as a public campaign to shame me for my mental health disabilities by grossly violating my privacy. And, the Yale Administration participated in the Napping While Black Hate Crime Hoax, because they had been targeting me for years for being a poor white trash interloper who had the temerity to defend the Federal Civil Rights of an Evangelical Black man at Yale, our only POC job candidate in the Philosophy Department at the time.

The Yale Admin wanted me dead for being an unWoke and deeply committed civil libertarian who had infiltrated the inner sanctum of Wokeness.

This is the hellish nightmare that I still live in almost 4 years later, because Yale President Peter Salovey refuses to tell the simple, honest to God TRUTH and save my life.

Nature has destroyed themselves. They have betrayed their journalistic, academic, scientific, and ethical obligations. They need to retract this Death Threat article against me, and get down on their hands and knees and beg my forgiveness.

Nature needs to shutter themselves in abject shame for what they did to me. But, we know that they have no shame. Nature is a farce, a travesty of a scientific journal.

Please donate to my legal fund, so that I can sue Nature for telling the most disgusting LIES about me and for putting my life in the gravest of danger.

If you wish to support me, as I seek justice, it would mean the world to me. Here are my PayPalMe and GoFundMe links. 

PayPalMe:  https://www.paypal.me/SarahBraasch

GoFundMe:  

https://www.gofundme.com/f/w6xyg-sarah-braasch-legal-fund

My Facebook Fundraiser:

https://www.facebook.com/donate/470006834495269/

Patreon:

https://www.patreon.com/sarahbraasch?fan_landing=true

You can follow me on twitter here:  https://twitter.com/sarahbraasch1?lang=en

Please subscribe to my YouTube Channel here: https://www.youtube.com/channel/UCz4xV2R6mTVJhAu9OQzwp5g

Patricia Arquette Helped Josie Duffy-Rice, formerly with The Appeal, aka Twitter Race Hustler Shaun King, Try to Mob Me to Suicide. This is Woke KKK Cancel Culture.

I saw that Patricia Arquette was trending on Twitter for demanding that Russia be kicked out of NATO.

Of course, people are having a field day. Another clueless celebrity weighing in on geopolitics. And, people are posting a particular tweet wherein Patricia Arquette admonishes people for not doing the bare minimum of research before spewing harmful nonsense into the public sphere.

It would have been nice if Patricia Arquette had taken her own advice on May 25th, 2020. Patricia Arquette is a truly sick and evil person. And, so is her sister, Rosanna Arquette.

Patricia Arquette was an avid participant in Josie Duffy-Rice’s campaign to drive me to suicide on May 25th, 2020.

And, when I exposed her as the Woke KKK Witch Hunter that she is, who tried to burn me as a witch, her sister, Rosanna Arquette, further waged a Twitter campaign to destroy me and drive me to suicide.

The irony of this being that I met their sister, Alexis Arquette, many years ago, in LA. And, she could not have been lovelier and sweeter to me. I told her the story of how I was held at gun point by the Texas State Highway Patrol in the middle of the night on the side of the 10 freeway, just outside of San Antonio, because I refused to let them search my car. I told her about how the police officers emotionally beat and berated me into submission, until I finally relented, and how I’ve never forgiven myself for giving in. And, she told me not to be so hard on myself. And, I told her that this was a big part of the reason why I had chosen to go to law school, to help the vulnerable and the powerless enforce their rights. And, Alexis Arquette told me that she was proud of me.

Here is my YouTube video about what Patricia Arquette and Josie Duffy-Rice and Rebecca Kavanagh and other The Appeal affiliates did to me and how they exploited George Floyd’s killing for Black Trauma Moral Outrage Industry money and gain and destroyed the Living While Black movement in the process:

Here is my YouTube video about how most Hollywood elites were avid participants in the witch hunt at Yale that almost got an innocent and lifelong civil rights attorney killed, including Patricia Arquette, Sarah Silverman, and Shonda Rhimes. They are the literal dregs of society who try to make Black Trauma Moral Outrage Industry money by driving private citizen nobodies to suicide on Twitter. They especially target the vulnerable, including those with mental health disabilities and those without resources to defend themselves. And, they don’t care if they destroy the Living While Black movement. And, they are happy to exploit the killings and shootings, including by the police, of Black men and boys, including Ahmaud Arbery and George Floyd and Daunte Wright and Adam Toledo:

Here is my YouTube video about how the Me Too movement is a farce. The Me Too leaders, like Patricia and Rosanna Arquette, who should have been my staunchest defenders, repeatedly tried to mob me to suicide on Twitter. All I did at Yale was take reasonable steps to enter my isolated Yale dorm safely. Apparently, as was made clear by Me Too leaders during the Kavanaugh confirmation hearings, Yale student housing is a cesspool and no woman is safe there. But, because I am a white woman, and a vulnerable person with mental health disabilities and without resources to defend myself, the Me Too leaders were avid participants in the witch hunt at Yale that almost got a civil rights attorney killed for Black Trauma Moral Outrage Industry money and gain. They are bigots and charlatans and frauds. They attacked and exploited me, a vulnerable woman, for money.

This is the story that I told Alexis Arquette in LA many years ago, the story of how I was held at gunpoint by the Texas State Highway Patrol.

Here is what I wrote about May 25th, 2020, including the still, at the time, existing screen shots of Josie Duffy-Rice’s campaign to drive me to suicide:

The whole world needs to see this. May 25th, 2020. This was the day that Josie Duffy-Rice, formerly with The Appeal, aka Twitter Race Hustler Shaun King, tried to mob me to suicide on Twitter with Patricia Arquette, Taniel from The Appeal, and other blue check mark public figures. Every single word of what I’ve said about what Josie Duffy Rice did to me is true. And, every single word Josie Duffy-Rice has said about me is a disgusting, racist, bigoted LIE.

May 25th, 2020 is a date that very likely rings a bell for most people.

It was the day that Amy Cooper and Christian Cooper collided in Central Park in NYC, in what turned out, ultimately, to be another Living While Black Race Hoax, like the Napping While Black Hate Crime Hoax at Yale. It is also the day when George Floyd was killed at the hands of Minneapolis police officers.

It is also the day when my life exploded all over again, over a then more than 2 year old non-event and non-crime, the Living or Napping While Black Hate Crime Hoax at Yale, that was blown into a global racial hysteria by the Fake News Press and Moral Outrage Industry.

May 25th, 2020 was the day when my life became expendable again, because everyone saw me as a worthless piece of poor white trash, an unworthy interloper at Yale, and a psycho, undeserving of human dignity or compassion or Due Process or Equal Protection. I became someone whom it was ok to drive to suicide all over again. I became someone whose life it was ok to decimate all over again. I became someone whose lifelong human and civil rights academic and legal careers it was ok to destroy all over again. I became someone to whom it was ok to issue death and rape threats and threats of violence all over again. It was ok again to demand that I be prosecuted, disbarred, expelled, ruined, made unemployable, so that I would end up starving to death on the streets and eventually hang myself like my dead brother. Oh, right, it also became ok again to tell me that I’m so ugly that I should go hang myself like my dead brother.

May 25th, 2020 was also the day when Michael Harriot of The Root, who had been obsessively stalking me for more than two years, and who had waxed psychotic about my genitalia, and who had been upset that I hadn’t gone further in his annual Wypipo Awards, which he desperately wanted me to win, published what can only be construed as a death threat against me, naming me, in the Washington Post. He compared me to Carolyn Bryant, the white woman who had falsely accused Emmett Till of whistling at her, resulting in the lynching of Emmett Till. This death threat essay still exists, fully intact. Neither the Washington Post nor Michael Harriot nor The Root has ever apologized to me for almost getting me killed and destroying my life.

May 25th, 2020 was also the day when Kareem Abdul-Jabbar thought is was ok to publish what can only be construed as a death threat against me in the LA Times, linking to grossly defamatory articles that did name me. He compared me to the white men who had killed Ahmaud Arbery and the Minneapolis police officers who killed George Floyd. He referred to me in the title of the piece. This death threat article was propagated around the world in moments, retweeted and praised by all of Hollywood, and everyone in the political, sports, activist, and media worlds. It incited an untold number of mobbings and abuse against me, including the usual death and rape threats. Kareem Abdul-Jabbar has doubled down on his disgusting lies about me, repeating them, ever since. Needless to say, he has never apologized to me, nor has the LA Times, for almost getting me killed and destroying my life.

May 25th, 2020 was also the day that Josie Duffy-Rice thought it was ok to mob me to suicide on Twitter while I and others begged her to stop.

Needless to say, Josie Duffy-Rice has never apologized to me for almost getting me killed and destroying my life.

I was shocked that this thread is still, today, almost entirely intact. These screenshots were taken last evening. You can clearly see that Josie Duffy-Rice is relishing driving me to suicide; she’s having fun. She laughs and cracks jokes at my expense, as I begged her, and my supporters begged her to stop and told her that I was on the suicide hotline. The mobbing closes with my Twitter moms and guardian angels, Gretchen Mullen, @skepticreview89, and @ScepticalAussie, chastising everyone involved for trying to drive an innocent private citizen nobody, with a traumatic history and a vulnerability to suicide, to suicide. This is Cancel Culture and Trial by Twitter without Due Process for Moral Outrage Industry money and gain. This is the Woke KKK.

You can see that the mobbing went on for almost 48 hours. Josie Duffy-Rice’s initial tweet has, as of last night, 1,239 retweets, 33 quote tweets, and 5,130 likes.

Also, please be aware of all of her followers, including blue check mark public figures, joining in on the witch hunt fun. They call me “Ku Klux Karen,” “Karen,” “an angry Becky,” “a total POS,” a “racist,” an “a$$hole,” “bish,” “crazy,” “cray cray,” “Professional Victim,” “whack job,” “troll,” “QAnon” supporter, “gross,” “bullshit,” a “grift,” “defender of WW using police as racist strongmen,” “she lies so easily,” “charlatan,” “fool,” “her viewpoint of that incident is completely twisted,” a “YouTube hole,” she needs “therapy,” she needs her “head examined,” “sad,” “coward has now protected her tweets,” “way deluded,” “stupid,” an “entitled white” person.

Then, the following day, Josie Duffy-Rice posts a disgusting reply to her initial tweet. She tries to justify clearly having tried to mob me to suicide with Trump. As if invoking Trump’s name means that no act, no matter how depraved, how inhumane, is unjustified. There is not a single doubt in my mind that Josie Duffy-Rice has always been fully aware that I am an entirely innocent and lifelong human and civil rights activist and attorney who was working on the issues of police brutality and implicit bias with the Justice Collaboratory at Yale Law School.

I thought about just posting the screenshots of this thread and leaving it at that. No more needs to be said, but there are a couple of points I wish to address for emphasis.

Josie Duffy-Rice has spent the past almost three and a half years waging a campaign of the most grotesque abuse and harassment and stalking against me, meant to destroy me and my human and civil rights career, and drive me to suicide, because I am the PROOF that she is an evil, lying bigot and fraud. She did this in no small part because she was affiliated with The Appeal, which is more or less synonymous with Twitter Race Hustler Shaun King, who played a major role in the Living or Napping While Black Hate Crime Hoax at Yale, as well as the subsequent global defamation campaign against me that almost got me killed and destroyed my life.

Moreover, I have strong reason to believe that the ACLU also played a major role in the Hate Crime Hoax at Yale. Please know that the very first, most important thing that the brand new President of the ACLU, Deborah Archer, thought that she needed to do in April, 2021, was join forces with Josie Duffy-Rice and The Appeal, to grossly defame me, to drive me to suicide, on Twitter, on the ACLU’s website, and at The Appeal, because I am the PROOF that they are evil, lying bigots and frauds.

Shortly thereafter, in April/May of 2021, Josie Duffy-Rice and Attorney Rebecca Kavanagh, both formerly of The Appeal, which became defunct at that very moment, reignited their then more than 3 year campaign to destroy me and drive me to suicide. The Appeal imploded, due to gross corruption. The Appeal is dead and needs to remain dead. There are currently efforts to revive it. I can’t help but think that the campaign to destroy me is related.

Shortly thereafter, on May 9th and 17th, 2021, I was swatted. On both evenings, someone called the CT State Police and told them that I had a gun and that I was going to use it. I have accused no one of doing this, but you can imagine whom I suspect. I have been open that I do suspect that the ACLU, ACLU President Deborah Archer, The Appeal, former The Appeal President Josie Duffy-Rice, and Attorney Rebecca Kavanagh, formerly of The Appeal, of being involved. It was at this time that Duffy-Rice and Kavanagh both made appeals on Twitter to my and Gretchen Mullen’s longtime stalker.

My YouTube videos where I address my suspicions of who swatted me, twice, in May, 2021:

Josie Duffy-Rice defines the Woke KKK. She believes in extrajudicial mob vigilante (in)justice and the meting out of grossly disproportionate and immediate sentences (Social Death) for alleged and non-crimes, especially against private citizen nobodies who lack the resources to fight back, and particularly those who are vulnerable, because they have mental health disabilities. The vulnerable make the best targets to exploit for Moral Outrage Industry money and gain.

This is Cancel Culture. This is Trial by Twitter without Due Process that is destroying us, our legal system, our egalitarian public space, and our open and free society.

The very bitter irony is that so many of those in the Woke KKK, who are wantonly trying to drive private citizen nobodies to suicide via Trial by Twitter without Due Process, are attorneys and law professors and activists who profess to be anti-the Carceral State, anti-mass incarceration, and pro prison and police abolition.

And, they pretend that they are helping Black people by driving private citizen nobodies to suicide on Twitter. They pretend that this is Social Justice work. They pretend that they care about Police Accountability or Transparency or Police Brutality or Racism or Black people. They care about lining their pockets with Moral Outrage Industry dollars, and they don’t care if they have to get an innocent human and civil rights attorney killed to get it.

This is the antithesis of anti-the Carceral State. Josie Duffy-Rice doesn’t know the meaning of the term. I am anti-the Carceral State. I spend my days sealing people’s criminal records, so that they can rebuild their lives post-incarceration. I spend my days stopping the evictions of families from their apartments. I serve the low income population, and, yes, most of my clients are People of Color, including Black people. It brings me no small amount of joy. People thank me every day for literally saving their lives. It brings me to tears at least once a day.

And, here are the tweets from when Josie Duffy-Rice tried to mob me to suicide on Twitter:

If you wish to support me, as I seek justice, it would mean the world to me. Here are my PayPalMe and GoFundMe links. 

PayPalMe:  https://www.paypal.me/SarahBraasch

GoFundMe:  

https://www.gofundme.com/f/w6xyg-sarah-braasch-legal-fund

You can follow me on twitter here:  https://twitter.com/sarahbraasch1?lang=en

Please subscribe to my YouTube Channel here: https://www.youtube.com/channel/UCz4xV2R6mTVJhAu9OQzwp5g