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Australia's Constitution Works Because It Doesn't Define National Identity, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers (Archive)

When Australia’s Founding Fathers came together in the 1890s to draw up a constitution to enable the colonies to federate, what did they think they were doing? Looking at the debates and the Constitution itself, one thing is certain. They were not drawing up a document that defined what it means to be an Australian.

They were engaged in creating a document that would be acceptable to all parties and enshrined the political and legal principles which they had inherited from Great Britain. They looked to their British inheritance because they believed, quite correctly, that the (unwritten) British Constitution worked. …

Extended Cognition And Constitution: Re-Evaluating The Constitutive Claim Of Extended Cognition, Michael D. Kirchhoff

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper explores several paths by which the extended cognition (EC) thesis may overcome the coupling-constitution fallacy. In so doing, I address a couple of shortcomings in the contemporary literature. First, on the dimension of first-wave EC, I argue that constitutive arguments based on functional parity suffer from either a threat of cognitive bloat or an impasse with respect to determining the correct level of grain in the attribution of causal-functional roles. Second, on the dimension of second-wave EC, I argue that especially the complementarity approach suffers from a similar sort of dilemma as first-wave EC: an inability to justify …

Extended Cognition And The Causal-Constitutive Fallacy: In Search For A Diachronic And Dynamical Conception Of Constitution, Michael D. Kirchhoff

Faculty of Law, Humanities and the Arts - Papers (Archive)

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

Ballet It's Too Whitey: Discursive Hierarchies Of High School Dance Spaces And The Constitution Of Embodied Feminine Subjectivities, Matthew Atencio, Jan Wright

Faculty of Education - Papers (Archive)

This article investigates (i) how the structuring practices and meanings associated with dance classes at an inner‐city American high school operated as institutional spaces (re)producing ‘dividing practices’ that supported racial and classed hierarchies; (ii) how these racist structures were created and maintained relative to dominant notions of embodiment, ‘race’, social class, femininity, and dance; and (iii) the way these dominant practices and hierarchies were managed by two ‘black’ young women at the high school in order to construct particular modes of self‐governance. The analysis suggests that educators be attuned to the role that spaces play in creating particular types of …

That Vague But Powerful Abstraction: The Concept Of 'The People' In The Constitution, Elisa Arcioni

Faculty of Law - Papers (Archive)

The concept of ‘the people’ in the Constitution is undoubtedly unfinished constitutional business. The concept is “vague” due to a lack of development by the High Court but also because it is an inherently fluid concept. Yet it is also “powerful” because of what ‘the people’ has come to signify, which is something that I suggest should be further developed by the High Court. There are two questions that I will consider in this paper. The first is: who are ‘the people’? The second is: what impact do they have on our understanding of the Constitution and constitutional terms?

Religion And Indonesian Constitution: A Recent Debate, Nadirsyah Hosen

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article examines the recent debate on the position of syari'ah in Indonesian constitutional amendments (1999-2002). The article operates at two levels: a historical review of the debate on Islam and state in Indonesia and a theoretical effort to situate the Indonesian debate in the broader context of debates over Islam and constitutions. It argues that the rejection of the proposed amendment to Article 29, dealing with Islam, has shown that Indonesian Islam follows the substantive approach of syari'ah, not the formal one.

Communicative Skills In The Constitution Of Illocutionary Acts, David I. Simpson

Faculty of Arts - Papers (Archive)

Austin's distinction between locutionary and illocutionary acts has offered a fruitful way of focussing the relation between language and communication. In particular, by adopting the distinction we attend to linguistic and communicative subjects as actors, not just processors or conduits of information. Yet in many attempts to explicate the constitution of illocutionary acts the subject as actor is subsumed within the role of linguistic rules or conventions. In this paper I propose an account of illocutionary acts in which rules or conventions are secondary to what I will call communicative skills. These skills are taken as the primary component of …