This article discusses the notion of transparency condition proposed by Richard Moran in Authority and Estrangement (2001). According to this notion the question in the first-person present tense about our own belief ("Do I believe in p?") is answered in reference with the same reasons that justify the answer to a corresponding question about the world (about the truth of p). Transparency, in this sense, is the fundamental characteristic of self-knowledge in the context of common experience. Understanding this idea helps (...) us to understand the notions which are normally associated to self-knowledge, such as immediacy (we do not need to turn to observation or inference) first-person authority (I have different access to my attitudes than other people do) and the relationship between self-knowledge, rationality and psychic health of a person. Through the presentation of the transparency condition and some objections to this notion, I aim to offer an interpretation of the notion of transparency which favors a modest conception of self-knowledge and rationality. (shrink)

Can Hart's non-cognitivism be reconciled with his rejection of the predictive and sanction-based explanations of law? This paper analyses Hart's notion of the internal point of view and focuses on the notion of acceptance of a rule along the lines of a non-cognitivist understanding of intentional actions. It is argued that a non-cognitivist analysis of acceptance of rules is incomplete and parasitic on a more basic or primary model of acceptance that does not involve mental states. This basic or primary (...) model of acceptance explains actions in terms of other actions and in terms of reasons for actions that are both presented as good-making characteristics and transparent to the agent. If Hart's internal point of view is able to work as the key argument to reject predictive and sanction-based explanations of law, it needs to make the outward approach of intentional action basic or primary rather than rely on an inward approach such as the one advanced by non-cognitivism. (shrink)

Kelsen advanced a sophisticated naturalist conception of intention and adumbrated a methodological strategy that would enable the transformation of the sophisticated naturalist conception of ‘intention’ into a cognizable object of legal science while simultaneously providing an explanation of the legal ‘ought’. The methodological strategy is the ‘inversion thesis’ which establishes that legal norms enable us to objectively identify and determine the ‘will’ or the intention of legal authority. Contrary to nineteenth century psychologism, Kelsen argues that it is not the case (...) that the will or the intention of the sovereign determines what the norm is, rather it is the legal ought that ‘objectifies’ the will. However, it is argued that in spite of the fact that Kelsen advanced a sophisticated account of intentional action, he fails to understand the complexities of the notion of the ‘will’, intentional action and practical reason. What does he miss in his understanding of the notion of the practical? I will advance the view that the notion of the practical or deliberative involves, both in Kant and Aristotle, the transparency condition which establishes that the agent or deliberator intentionally acts for reasons that are self-evident or transparent to him or her. It is a recalcitrant feature of the deliberative standpoint that cannot be theorised. For Aristotle, Aquinas and Anscombe the deliberative standpoint can be known through the end or goal of the intentional action as this provides the form of the action. The end is presented as a good-making characteristic. As problematic as that might be, this means that the end needs to be presented as a good-making characteristic and therefore it involves evaluation. For Kelsen, the soundness of this conception is an insurmountable obstacle to theorise the ‘ought’ and therefore the ‘will’. Yet, surprisingly and contrary to Kelsen’s own notions, I will show that Kelsen’s ‘inversion thesis’ is parasitic on Aristotle–Anscombe’s ‘ought’. (shrink)

There is much that I admire in Richard Moran's account of how first‐person authority may be consistent with self‐knowledge as an achievement. In this paper, I examine his attempt to characterize the goal of psychoanalytic treatment, which is surely that the patient should go beyond the mere theoretical acceptance of the analyst's interpretation, and requires instead a more intimate, first‐personal, awareness by the patient of their psychological condition.I object, however, that the way in which Moran distinguishes between the deliberative and (...) the theoretical attitudes is ultimately inconsistent with a satisfactory account of psychoanalytic practice; mainly because, despite Moran's claims to the contrary, such a distinction is still inspired by a Cartesian picture of the self. I argue that, in the light of his distinction, Moran may emphasize that an agent's psychological dispositions should be permeable to her decisions and projects, but is forced to reject the idea that permeability could go the other way too. I explore Bernard Williams' notion of acknowledgment and Simone Weil's distinction between two notions of necessity, in order to articulate a notion of receptive passivity which may help us to characterize this second direction of permeability. I finally outline why receptive passivity (and, thereby, the double direction of permeability) is crucial in order to identify the goal of psychoanalytic treatment and, derivatively, to understand how a certain kind of awareness may have a significant therapeutic effect. (shrink)

In this paper I deal with Richard Moran's account of self-knowledge in his book Authority and Estrangement. After presenting the main lines of his account, I contend that, in spite of its novelty and interest, it may have some shortcomings. Concerning beliefs formed through deliberation, the account would seem to face problems of circularity or regress. And it looks also wanting concerning beliefs not formed in this way. I go on to suggest a diagnosis of these problems, according to which (...) they would arise out of a view of agents too strongly dependent on the will. /// Este trabajo se ocupa de la concepción del autoconocimiento en el libro de Richard Moran Authority and Estrangement. Tras presentar las líneas maestras de dicha concepción, sostengo que ésta, a pesar de su novedad e interés, podría adolecer de defectos importantes. Así, con respecto a las creencias formadas mediante la deliberación, la propuesta de Moran parece enfrentarse a problemas de circularidad o de regreso. Y parece también insatisfactoria acerca de creencias no formadas de ese modo. Finalmente, sugiero un diagnóstico de estos problemas, según el cual éstos surgirían de una concepción de los agentes excesivamente dependiente de la voluntad. (shrink)