El concepto de dignidad humana ha sido considerado o demasiado denso o demasiado delgado. Sin embargo, desde el punto de vista del no-positivismo, la normatividad jurídica de la dignidad humana puede ser justificada y reforzada por medio de su corrección moral. Desde una perspectiva individual, la comprensión de Mencio sobre la dignidad humana como un valor intrínseco y el imperativo categórico de Kant (el ser humano como un fin en sí mismo) podrían ser adecuadamente comprendidos con base en la diferencia (...) (así como la conexión) entre el principium diiudicationis y el principium executionis, entre voluntad y “elección”; así como entre homo phaenomenon y homo noumenon (es decir, humanidad en la persona de los seres humanos). Desde una perspectiva social, las dimensiones del individuo y la persona social son construcciones ficticias; inclusive Radbruch -alguna vez defensor del derecho social- no remplazó el concepto de “persona jurídica” y, en el periodo de posguerra, reconoció la dignidad humana individual como el criterio para aplicar su famosa “fórmula de Radbruch". Por una parte, la dignidad humana muestra cuando menos un carácter normativo débil, el cual requiere, primero, ponderar entre el ejercicio de los poderes estatales y el control de constitucionalidad bajo la guía de la dimensión dual del ser humano y, segundo, la optimización del principio de la dignidad humana en casos particulares. Por otra, a través de la conexión necesaria entre el concepto de dignidad y personalidad, la dignidad humana puede exhibir un carácter normativo fuerte, el cual requiere inevitablemente una justificación metafísica. (shrink)

The concept of human dignity has been criticized as either too thick or too thin. However, according to the non-positivistic standpoint, the legal normativity of human dignity can be justified and thus strengthened by means of its moral correctness. From the individual perspective, Mencius’ understanding of human dignity as an intrinsic value and Kant’s formula of ‘man as an end in itself’ can be adequately understood based on the differentiation of, as well as the connection between, principium diiudicationis and principium (...) executionis, between will and choice, and between homo phaenomenon and homo noumenon (that is, ‘humanity in the personality’). From the social perspective, since the dual dimensions of the individual and the social person are both fictive constructions, even Radbruch, once as a supporter of social law, has not replaced the concept of ‘legal person’ and, in the post-War period, acknowledges individualistic human dignity as the criterion for applying the famous ‘disavowal formula’. On the one hand, human dignity shows at least a weak normative character, which requires, firstly, balancing between the exercise of state powers and the constitutional review under the guidance of the dual dimensions of man and, secondly, optimization of the principle of human dignity in individual cases. On the other hand, through the necessary connection between the concept of dignity and that of personality, human dignity can exhibit a strong normative character, which unavoidably requires a metaphysical justification. (shrink)

In this paper, I discuss a problem for Kant's strategy of appealing to the agent qua noumenon to undermine the significance of determinism in his theory of free will. I then propose a solution. The problem is as follows: given determinism, how can some agent qua noumenon be 'the cause of the causality' of the appearances of that agent qua phenomenon without being the cause of the entire empirical causal series? This problem has been identified in the literature (...) (Ralph Walker provides what is perhaps the most dramatic presentation of it). But it has never received an adequate solution. In this paper, I argue that Walker’s objection is only decisive if we must understand our responsibility as responsibility for events, but not causal laws. I argue that we need not interpret Kant's theory in this way. I demonstrate that each agent qua noumenon could be responsible for "limited instantiation scope" causal laws which necessitate only the phenomenal actions of that same agent qua phenomenon. Part of this project involves showing that there are relevant constituents of actions which are "rare" enough to instantiate such laws. I demonstrate that, on Kant's view, events in agents’ bodies are not rare enough, but events in agents’ phenomenal souls are. (shrink)

Kant’s theory of religion has often been portrayed as leaving no room for grace. Even recent interpreters seeking to affirm Kantian religion find his appeal to grace unconvincing, because they assume the relevant section of Religion (Second Piece, Section One, Subsection C) is an attempt to construct a theology of divine assistance. Yet Kant’s goal in attempting to solve the three "difficulties" with belief in grace is to defend an ethics of grace – i.e., an account of how someone can (...) believe in grace without succumbing to the tendency to become morally lazy. After introducing the three difficulties and offering a perspectival interpretation of how Kant intends to solve each one, this paper interprets Kant’s phenomenon-noumenon distinction in a way that clarifies how his solutions to these difficulties all focus on the believer’s ethical state, not on transcendent theological constructions. (shrink)

In this paper, we develop a mathematical model of awareness based on the idea of plurality. Instead of positing a singular principle, telos, or essence as noumenon, we model it as plurality accessible through multiple forms of awareness (“n-awareness”). In contrast to many other approaches, our model is committed to pluralist thinking. The noumenon is plural, and reality is neither reducible nor irreducible. Nothing dies out in meaning making. We begin by mathematizing the concept of awareness by appealing (...) to the mathematical formalism of higher category theory. The beauty of higher category theory lies in its universality. Pluralism is categorical. In particular, we model awareness using the theories of derived categories and (infinity, 1)-topoi which will give rise to our meta-language. We then posit a “grammar” (“n-declension”) which could express n-awareness, accompanied by a new temporal ontology (“n-time”). Our framework allows us to revisit old problems in the philosophy of time: how is change possible and what do we mean by simultaneity and coincidence? Another question which could be re-conceptualized in our model is one of soteriology related to this pluralism: what is a self in this context? A new model of “personal identity over time” is thus introduced. (shrink)

I begin by arguing that, for Kant, the pure category of substance has both a general content that is in play whenever we think of any entity as a substance as well as a more specific content that arises in conjunction with the thought of what Kant calls a positive noumenon. Drawing on this new “Dual Content” account of the pure category of substance, I offer new answers to two contested questions: What is the relation of the pure category (...) to phenomenal substance? What, if any, epistemic gains can we achieve when we apply the pure category to noumena? Regarding the first question, I argue that while phenomenal substance does not qualify as a substance according to the Inner-Simple Conception, it does qualify as one according to the Subsistence-Power Conception. Regarding the second question, I argue that, in the case of the substantiality of positive noumena, Kant’s account allows for justified conditional beliefs involving the Inner-Simple Conception. In the case of negative noumena, it allows for justified existential beliefs involving the Subsistence-Power Conception. (shrink)

Readings of Kant’s Critique as endorsing phenomenalism have occupied the spotlight in recent times: ontological phenomenalism, semantic phenomenalism, analytical phenomenalism, epistemological phenomenalism, and so on. Yet, they raise the same old coherence problem with the Critique : are they compatible with Kant’s Refutation of Idealism? Are they able to reconcile the Fourth Paralogism of the first edition with the Refutation of the second, since Kant repeatedly claimed that he never changed his mind in-between the two editions of his Critique? This (...) paper addresses the key question: was Kant a phenomenalist and, if he was, in which precise sense? I propose a metaphysical but not ontologically reductionist reading of Kant as a phenomenalist. I argue for the following claims. To be sure, for Kant appearance is mere representation. Yet, appearance is representation only insofar as we take “appearance” in the empirical sense, namely the way that the mind-independent existing noumenon appears in space and, crucially, when we take “representation” in the transcendental sense, namely the mind -dependent way that we can cognize the same mind-independent existing noumenon. How shall I argue in defense of my alternative reading? First, I argue that my reading is pretty much compatible with Kant’s Refutation. Second, I argue that my reading reconciles the causal with the intentional readings of the Refutation. Third, I argue that my reading makes the Fourth Paralogism of the first edition and the Refutation of Idealism of the second completely compatible. (shrink)

Show more ▾ There are various dichotomies in Kant’s philosophy: sensibility vs. rationality, nature vs. freedom, cognition vs. morality, noumenon vs. phenomenon, among others. There are also different ways of mediating these dichotomies, which is the systematic undertaking of Kant’s Critique of the Power of Judgment. One of the most important concepts in this work is the sublime, which exemplifies the connections between the different dichotomies; this fact means the concept’s construction is full of tension. On the one hand, (...) as a pure reflection of aesthetic judgment the sublime must be without interest or purpose, but on the other hand it is “based on the concept of reason” (KU AA:292). On the one hand, the sublime “represents merely the subjective play of the powers of the mind (imagination and reason) as harmonious” (KU AA5:258), but on the other hand, reason “exercises dominion over sensibility” and the imagination is “purposively determined in accordance with a law” of reason (KU AA5:268f). Taking into account these problems concerning the essential definition the sublime, this paper will first illustrate how the sublime embodies the a priori principle of aesthetic judgment through contrasting the judgment of the sublime with the judgment of taste in order to establish a basic logical frame for the judgment of the sublime. Second, this paper redefines the boundary between the mathematically and dynamically sublime in order to reveal both the coexistence of contemplation and movement within the sublime and the unrevealed function of reason and imagination. Finally, contrasting the sublime with moral feeling, this paper elaborates the turning-structure (from sensibility to rationality and from object-intuition to idea-exhibition) of the sublime. (shrink)

I seek to show in this paper how, in addressing the concept of “I” and the question of self-knowledge in the Critique of Pure Reason, one encounters a paradox, which is essentially a consequence of the doctrine of transcendental idealism. I point to Kant's concept of “I” and its three co-constitutive perspectives. The importance of the concept of subject and its intertwining with the concept of reason is pointed out, as also how these two concepts appear in the text of (...) the Critique of Pure Reason as presuppositions. Subsequently, I deal with some basic questions of transcendental idealism. Finally, I briefly present the three perspectives of the "I": as a phenomenon, as a transcendental structure, and as a noumenon. I conclude by bringing back what Kant himself conceives as a paradox, which is the subject’s self-affection, and the relation between the subject as noumenon and as inner sense. (shrink)

In this paper, I want to look at the way in which Deleuze's reading of Kant's transcendental dialectic influences some of the key thèmes of Différence and Répétition. As we shall see, in the transcendental dialectic, Kant takes the step of claiming that reason, in its natural functioning, is prone to misadventures. Whereas for Descartes, for instance, error takes place between two faculties, such as when reason (wrongly) infers that a stick in water is bent on the basis of sensé (...) impressions, Kant postulâtes that reason générâtes illusions internally purely in the course of its natural function. It is thèse illusions which lead reason into antinomy, as on the basis of thèse illusions, it is led to posit an illegitimate concept of the world as a totality. Further, for Kant, the antinomies represent an indirect proof of transcendental idealism, as it is only with the additional assumption of the noumenon, as that which falls outside of appearance, that we are able to résolve the antinomies. Deleuze's work on the image of thought clearly owes a great deal to Kant's theory of transcendental illusion, but the connections between Kant's transcendental dialectic and the structure of Différence and Répétition go deeper than this. Whereas Kant's problem is that reason générâtes contradictions when it assumes that the unconditioned can be given to reason, Deleuze's problem is the impossibility of developing a concept of différence within représentation. Between thèse two problems, there are significant structural parallels - in particular, the attempt to think outside the dichotomy of the finite and the infinité, and the attempt to prevent the application of spatio-temporal predicates to the noumenon. The antinomy of représentation for Deleuze is the inability of représentation to think différence apart from as purely representational or as undifferenciated abyss. As we shall see, Deleuze gives an explanation of this antinomy in terms of the differential calculus, and the notion of the differential in particular. While thèse parallels exist between Kant and Deleuze's thought, there are also some important différences. Although the differential is not determined in relation to représentation, this does not mean that it lacks ail détermination. This opens up a possibility not available in Kant's philosophy, that is, a thinking beyond the limit of représentation. As we shall see, Kant closes off this possibility by giving reason a heuristic function which in effect reinstates représentation. Kant makes this move precisely because the lack of spatiotemporal déterminations of the noumenal means for Kant that the noumenal lacks déterminations altogether. (shrink)

The central question of this paper is: what has Kant’s Refutation of Idealism argument proven, if anything? What is the real scandal of philosophy and universal human reason? I argue that Kant’s Refutation argument can only be considered sound if we assume that his target is what I call ‘metaphysical external-world skepticism.’ What is in question is not the ‘existence’ of outside things but their very ‘nature,’ that is, the claim that the thing outside us, which appears to us as (...) a persistent body in space, exists in itself _as a substantia noumenon_. Assuming the indirect-realist view that we only immediately know ideas and that their putative objects are known by inference, the metaphysical external-world skeptic doubts that the nature of things outside oneself is mind-independent. (shrink)

This essay attempts to render intelligible (you will pardon the pun) Kant's peculiar claims about the intelligible at A 539/B 567 – A 541/B 569 in the first Critique, in which he asserts that (1) ... [t]his acting subject would now, in conformity with his intelligible character, stand under no temporal conditions, because time is only a condition of appearances, but not of things in themselves. In him no action would begin or cease. Consequently it would not be subjected to (...) the law of all determination of everything alterable in time: everything which happens finds its causes in the appearances (of the previous state). In a word, his causality, in so far as it is intellectual, would not stand in the series of empirical conditions which the event in the world of sense makes necessary. (A 539/B 567 - A 540/B 568) ... in so far as it is noumenon, nothing happens in him, no alteration which requires dynamical determination in time .... One would quite rightly say of him, that it of itself begins his effects in the world of sense, without the action's beginning in him himself ... (A 541/B 569)2 What does Kant mean by claiming that intellectual causality is such that in one's intelligible character as noumenal agent, actions neither begin nor end, nor does anything happen in one? Do these claims have meaning merely by contrast to the familiar experience of empirical causality, in which actions have discrete durations and events occur? Is he merely inferring from this familiar sensible experience an ontologically and metaphysically independent, epistemically inaccessible "world," which can be conceptualized only through the negation of those terms and propositions that characterize this one? Or is he offering a.. (shrink)

This article presents a metaphysical approach to the interpretation of the role of things-in-themselves in Kant’s theoretical philosophy. This focuses upon identifying their transcendental function as the grounding of appearances. It is interpreted as defining the relation of appearing as the grounding of empirical causality. This leads to a type of dual-aspect account that is given further support through a detailed examination of two sections of Kant’s first Critique. This shows the need to embed this dual-aspect account within a two-perspective (...) framework. The resulting picture is contrasted with the main rival theories and objections are addressed. (shrink)

It is a familiar story that, where Kant humbly draws a line beyond which cognition can’t reach, Husserl presses forward to show how we can cognize beyond that limit. Kant supposes that cognition is bound to sensibility and that what we experience in sensibility is mere appearance that does not inform us about the intrinsic nature of things in themselves. By contrast, for Husserl, it makes no sense to say we experience anything other than things in themselves when we enjoy (...) sensory perception. Kant’s conception, then, by doing just that, is nonsensical. I argue that Husserl’s account does not deliver on its promise. Things as they are in themselves are just as cognitively out of reach on Husserl’s understanding of them as they are on Kant’s. Further, the charge of nonsense Husserl raises against Kant’s conception of things in themselves applies—indeed, with greater force—to his own. (shrink)

The talk is called ‘The QUANTUM COMPLEXITY behind Quantum Reality’. It is divided into 3 parts: an outline of the essentials of quantum theory, a discussion of some glaring problems of interpretation, and my shocking philosophical conclusions.

The problem of cognitive domains is that one can conceive the territory only as it is portrayed in the map. It involves conflating the domain of representation with the domain of what it represents. This is a category mistake: there are essential qualitative and quantitative differences between map and territory. The output of cognitive processes, both perceptual and scientific, is recycled as the input.