Law Commons^™

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 …

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.