This article introduces and defends the “pathological complexity thesis” as a hypothesis about the evolutionary origins of minimal consciousness, or sentience, that connects the study of animal consciousness closely with work in behavioral ecology and evolutionary biology. I argue that consciousness is an adaptive solution to a design problem that led to the extinction of complex multicellular animal life following the Avalon explosion and that was subsequently solved during the Cambrian explosion. This is the economic trade-off problem (...) of having to deal with a complex body with high degrees of freedom, what I call “pathological complexity.” By modeling the explosion of this computational complexity using the resources of state-based behavioral and life history theory we will be able to provide an evolutionary bottom-up framework to make sense of subjective experience and its function in nature by paying close attention to the ecological lifestyles of different animals. (shrink)

This paper explores the evolution of consciousness and subjectivity through a biological framework for understanding the universe. It posits that functional patterns in biological systems mirror cosmic mathematical principles, defining our objective reality. Similar to wave and Fibonacci patterns in different physical phenomena, biological patterns are intrinsic to all things and can be quantified using Dedre Gentner’s approach to analogy. For example, Earth’s ocean currents and the melting and freezing of Antarctica resemble the circulatory system and heart, while the (...) production of music from instruments is analogous to ribosomal protein synthesis. Shelves, tables, and chairs function like cytosol by holding objects in space, and a coffee cup mirrors red blood cell distribution. These analogies reveal a universal order rooted in biology’s functional patterns, essential for shaping the emergence and evolution of life. The paper traces the development of consciousness from its rudimentary cellular states to complex human cognition, highlighting the role of biologically-patterned environments in driving evolutionary changes. Organisms that recognized and organized according to these patterns evolved as “pattern recognition engines” crucial for survival—thus, Life (survival) being the primary measure of consciousness. Humans advanced this capacity, gaining cognitive freedom by insulating themselves from environmental constraints, but faced increased subjectivity complexity. Consciousness, while inherently subjective and necessary for cognitive development, evolves in humans to understand objective reality and its biological nature, so to understand and navigate complexities of subjectivity. Ultimately, the paper asserts consciousness is the ability to recognize and adhere to life-sustaining patterns and principles. Successful adherence deems them worthy of continued existence, while failure leads to demise. Parallels with historical concepts like Atman and Brahman in Hinduism suggest ancient recognition of the correspondence between human and universal patterns. This ancient understanding, coupled with modern scientific evidence, reveals the interconnectedness and intrinsic biological nature of reality. (shrink)

This paper explores the evolution of consciousness and subjectivity through a biological framework for understanding the universe. It posits that functional patterns in biological systems mirror cosmic mathematical principles, defining our objective reality. Similar to wave and Fibonacci patterns in different physical phenomena, biological patterns are intrinsic to all things and can be quantified using Dedre Gentner’s approach to analogy. For example, Earth’s ocean currents and the melting and freezing of Antarctica resemble the circulatory system and heart, while the (...) production of music from instruments is analogous to ribosomal protein synthesis. Shelves, tables, and chairs function like cytosol by holding objects in space, and a coffee cup mirrors red blood cell distribution. These analogies reveal a universal order rooted in biology’s functional patterns, essential for shaping the emergence and evolution of life. The paper traces the development of consciousness from its rudimentary cellular states to complex human cognition, highlighting the role of biologically-patterned environments in driving evolutionary changes. Organisms that recognized and organized according to these patterns evolved as “pattern recognition engines” crucial for survival—thus, Life (survival) being the primary measure of consciousness. Humans advanced this capacity, gaining cognitive freedom by insulating themselves from environmental constraints, but faced increased subjectivity complexity. Consciousness, while inherently subjective and necessary for cognitive development, evolves in humans to understand objective reality and its biological nature, so to understand and navigate complexities of subjectivity. Ultimately, the paper asserts consciousness is the ability to recognize and adhere to life-sustaining patterns and principles. Successful adherence deems them worthy of continued existence, while failure leads to demise. Parallels with historical concepts like Atman and Brahman in Hinduism suggest ancient recognition of the correspondence between human and universal patterns. This ancient understanding, coupled with modern scientific evidence, reveals the interconnectedness and intrinsic biological nature of reality. (shrink)

Theories of the mind have been celebrating their new-found freedom to study consciousness. Earlier this century, when the methodology of psychology was still under the influence of behaviourism—the view that psychology can only study observable behaviour—the ‘superstition and magic’ of consciousness (in John Watson’s words) was not the proper object of scientific investigation. But now, there are respectable journals devoted to the study of consciousness, there are international interdisciplinary conferences on the subject, and some of the (...) world’s leading scientists—notably Roger Penrose and Francis Crick—have stepped in to have their say about the nature of consciousness. (shrink)

We propose four policies of ethical design of human-grade Artificial Intelligence. Two of our policies are precautionary. Given substantial uncertainty both about ethical theory and about the conditions under which AI would have conscious experiences, we should be cautious in our handling of cases where different moral theories or different theories of consciousness would produce very different ethical recommendations. Two of our policies concern respect and freedom. If we design AI that deserves moral consideration equivalent to that of (...) human beings, that AI should be designed with self-respect and with the freedom to explore values other than those we might impose. We are especially concerned about the temptation to create human-grade AI pre-installed with the desire to cheerfully sacrifice itself for its creators’ benefit. (shrink)

The ancient Ouroboros symbolism (one who eats oneself) is here integrated into a simple birth-death clustering process that needed nothing but itself for a transition from indistinguishable phases to a sort of higher level ”conscious” phases. Birth and death coefficients are formulated in terms of odd and even exponentials used to represent a suitable form for conscious states via the internal transfer of information. This toy model may ideally quantify conscious states having inner causes via an Ouroboros index 0 < (...) Υα,Ω < 1. The value Υα,Ω = 0 lends to infinite loops and the limiting values Υα,Ω → 1 disclose transformation into awareness. Relationships with physics theories of consciousness and the use of the Oroborous index to discern about conscious-like states in Artificial Intelligence systems are discussed. Consciousness and freedom of will may go side-by-side in the model when Υα,Ω is extended to be a complex number modulus. (shrink)

One of the main libertarian arguments in support of free will is the argument from introspection. This argument places a great deal of faith in our conscious feeling of freedom and our introspective abilities. People often infer their own freedom from their introspective phenomenology of freedom. It is here argued that from the fact that I feel myself free, it does not necessarily follow that I am free. I maintain that it is our mistaken belief in the (...) transparency and infallibility of consciousness that gives the introspective argument whatever power it possesses. Once we see that consciousness is neither transparent nor infallible, the argument from introspection loses all of its force. I argue that since we do not have direct, infallible access to our own minds, to rely on introspection to infer our own freedom would be a mistake. (shrink)

Guru Tegh Bahadur Ji fell as a martyr to the freedom of consciousness and belief, under the orders of Aurangzeb, a ruler, who with his puritanical views had an attitude of narrow exclusiveness in the matters of religion. Sikhism, of which Guru Tegh Bahadur Ji was the Ninth Apostle, has all through upheld the spiritual approach in matters of faith, and its message has been free from the rancour of any kind against any set of beliefs. The great (...) sacrifice made by Guru Tegh Bahadur Ji to vindicate the right of the people to profess and practise the faith, meant, in fact, the assertion of the principle of justice for which the ruling Mughal rulers of the day had very scant regard. For this reason, the life, career, and teachings of Guru Tegh Bahadur Sahib are of immense significance even in contemporary times, when the forces of hate, fanaticism, and tyranny are still very dominant and assertive. -/- Guru Tegh Bahadur Ji was a multifaceted genius. He was not only a martyr and a prophet but was also a great poet. In addition to his 57 Salokas, 59 of his other compositions (Sabads), written in 15 Raagas (measures) are included in Sri Guru Granth Sahib. His hymns deal with the pathos of the human predicament. Though he articulates on the unreality of human passions and possessions, yet his hymns have been a source of spiritual succour and solace to millions of people in their hours of personal grief and affliction. He brightens our awareness of the ephemerality of the material phenomena, however instead of creating a sense of despair and depression, elevates the human mind and imbues it with the hope which permeates the cosmos. He fortifies our faith in human nature and makes it possible for us to rise above the irritants of the immediate problems of existence and keep our attention focussed on the everlasting and eternal. (shrink)

Debates about the concept of Free Will date back to ancient times. About 40 years ago Benjamin Libet designed an experiment showing that the conscious intention to move is preceded by a specific pattern of brain activation. His finding suggested that unconscious processes determine our decisions. Libet-style experiments have continued to dominate the debate about Free-Will, pushing some authors to argue that the existence of Free Will is a mere illusion. We believe that this dispute is because we often measure (...) free will using arbitrary human decisions rather than deliberate actions. After reviewing the definition of free will and the related literature we conclude that the scientific evidence does not disprove the existence of Free Will. However, our will encounters several constraints and limitations that should be considered when evaluating our deeds’ personal responsibility. (shrink)

Kant’s view that freedom is a “kind of causality” seems to conflict with his claim that the categories of the understanding – including causality – can only be applied objectively to sensible phaenomena, never to supersensible noumena, as freedom is only possible for the latter. I argue that only Kant’s theory of symbolic presentation, according to which the category of cause is applied merely analogically to freedom, can dispel this threatening inconsistency. Unlike it is commonly thought, one (...) cannot here use the category of cause in its unschematised form to think freedom as causality, for its mere logical significance does not suffice for the practical reality of freedom. Symbolic cognition in turn is not unschematised but indirect schematized presentation. Ultimately I will show that symbolic cognition is a necessary condition of moral agency – but not of morality itself – for without it we could not cognize and hence self-consciously use our freedom to act from the moral law. (shrink)

There are arguments for determinism. Admittedly, this is opposed by the fact of everyday experience of autonomy. In the following, it is argued for the compatibility of determinism and autonomy. Taking up considerations of Donald MacKay, a fatalistic attitude can be refuted as false. Repeatedly, attempts have been made to defend the possibility of autonomy with reference to quantum physical indeterminacy. But its statistical randomness clearly misses the meaning of autonomy. What is decisive, on the other hand, is the possibility (...) of knowledge, which opens up opportunities for planning, freedom of choice and ultimately 'self-choice'. Results of neurobiological research, especially Benjamin Libet's and more recently John-Dylan Haynes', seem to refute this: Actions are unconsciously initiated before conscious decision. But, as Libet has also shown, consciousness always has the possibility of a veto – and thus also of knowledge-driven action control. Ultimately, the idea of possible self-choice can thus become the determining condition. Only such a form of rational self-determination establishes a spiritual identity and at the same time represents the maximum of autonomy possible for human beings. (shrink)

The rise of Artificial Intelligence (AI) has produced prophets and prophecies announcing that the age of artificial consciousness is near. Not only does the mere idea that any machine could ever possess the full potential of human consciousness suggest that AI could replace the role of God in the future, it also puts into question the fundamental human right to freedom and dignity. This position paper takes the stand that, in the light of all we currently know (...) about brain evolution and the never-stopping formation of adaptive neural circuitry for learning, memory, decision making and, ultimately, fully conscious reasoning and creativity in the human species, the idea of an artificial consciousness appears misconceived. The paper highlights some of the major reasons why. While awareness to external stimuli for processes such as perception, recognition, and operational problem solving is under the direct control of functionally specific brain networks associated with sensory and cognitive functions across animal species, consciousness is a unique property of the human mind. (shrink)

In Freedom Regained, Julian Baggini draws on a broad spectrum of disciplines to defend the notion that, yes, we do have free will. Baggini targets recent claims from scientists who argue that (neuro)science has supposedly proven there is no such thing as free will. Such arguments depend on mistaken conflations of the self, which is taken as the nexus for free will, with, for example, the brain, the conscious mind, or the rational mind. Such amalgams are then taken to (...) clash with a physically determined world. This opposition of freedom with determinism is the wrong way of framing the debate, according to Baggini. Instead, free will has to be understood as a plural concept, arising from a self which can endorse its own actions and which extends beyond the brain, the rational, and the conscious. These are the main ideas of Freedom Regained, which advocates a compatibilist and pluralistic concept of free will. (shrink)

Plotinus holds an important position in the history of late ancient philosophy on the concept of human agency. On the one hand, he follows Plato in regarding a human agent as one who self-identifies with the rational soul, becomes one from many, and acts from reason (Republic, 443de). On the other hand, due to the view characteristic of the second century CE that destiny causally determines the sensible world and sophisticated debates concerning freedom and determinism up to, and during, (...) the second century CE, Plotinus develops Plato’s view further in an effort to meet the challenges posed by earlier determinists. The position he develops in the Enneads is a dynamic synthesis of Platonic, Peripatetic, Stoic, and Middle-Platonic theorizing on human causation that shows how one can be a self-determining agent even while living in a world governed by destiny. I argue that the key to understanding Plotinus’ theory of human agency is to understand the role that consciousness plays since he holds that in order to be the sole causal source of our actions, and therefore truly self-determining, we must derive our premises for action from Intellect. Important for my purposes is his peculiar view that Intellect is also “in ourselves” (V.1.10.5-8) and can be reached by turning inwards and ascending upwards which is possible through possessing a unique mode of consciousness, namely awareness (sunaisthēsis). (shrink)

Abstract:This article provides a novel interpretation of the so-called transition to self-consciousness in The Phenomenology of Spirit, where Hegel argues that the failure of the protagonist consciousness to formulate an understanding of the world in terms of forces and laws necessitates the shift to an investigation of its own self-conscious subjectivity. The author argues that we can make sense of the transition by attending to Hegel's account of the metaphysical structure of forces and laws, on the one hand, (...) and the structure of self-consciousness, on the other. Following this approach, she argues that the transition represents the realization by the protagonist consciousness that the object of phenomenological inquiry must be metaphysically self-determining (or "infinite," in Hegel's terminology). The standpoint of self-consciousness accordingly emerges because the protagonist consciousness takes itself qua subject to exhibit the requisite self-determining structure. In addition to making sense of the transition to self-consciousness, this line of argumentation illuminates Hegel's subsequent focus on the activity of "desire.". (shrink)

``People say again and again that philosophy doesn´t really progress, that we are still occupied with the same philosophical problems as were the Greeks. But the people who say this don´t understand why is has to be so. It is because our language has remained the same and keeps seducing us into asking the same questions. As long as there continues to be a verb´to be´that looks as if it functions in the same way as´to eatánd´to drink´, as long as (...) we still have the adjectives´identical´,´true´,´false´,´possible´, as long as we continue to talk of a river of time, of an expanse of space, etc., etc., people will keep stumbling over the same puzzling difficulties and find themselves staring at something which no explanation seems capable of clearing up. And what´s more, this satisfies a longing for the transcendent, because, insofar as people think they can seèthe limits of human understanding´, they believe of course that they can see beyond these.`` ´ This quote is from Ludwig Wittgenstein who redefined philosophy some 70 years ago (but most people have yet to find this out). Dennett, though he has been a philosopher for some 40 years, is one them. It is also curious that both he and his prime antagonist, John Searle, studied under famous Wittgensteinians (Searle with John Austin, Dennett with Gilbert Ryle) but Searle got the point and Dennett did not. Dennett is a hard determinist (though he trys to sneak reality in the back door), and perhaps this is due to Ryle, whose famous book´The Concept of Mind´(1949) continues to be reprinted. That book did a great job of exorcising the ghost but it left the machine. Dennett enjoys making the mistakes Wittgenstein, Ryle (and many others since) have exposed in detail. Our use of the words consciousness, choice, freedom, intention, particle, thinking, determines, wave, cause, happened, event(and so on endlessly) are rarely a source of confusion but as soon as we leave normal life and enter philosophy(and any discussion detached from the environment in which language evolved) chaos reigns. Like most Dennet lacks a coherent framework-which Searle has called the logical structure of rationality. I have expanded on this considerably since I wrote this review and my recent articles show in detail what is wrong with Dennet's approach to philosophy. Let me end with another quote from Wittgenstein--´Ambition is the death of thought´. -/- Those wishing a comprehensive up to date account of Wittgenstein, Searle and their analysis of behavior from the modern two systems view may consult my article The Logical Structure of Philosophy, Psychology, Mind and Language as Revealed in Wittgenstein and Searle (2016). Those interested in all my writings in their most recent versions may download from this site my e-book ‘Philosophy, Human Nature and the Collapse of Civilization Michael Starks (2016)- Articles and Reviews 2006-2016’ by Michael Starks First Ed. 662p (2016). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX . (shrink)

The objective of this paper is to provide a critical analysis of the Kantian notion of freedom (especially the problem of the third antinomy and its resolution in the critique of pure reason); its significance in the contemporary debate on free-will and determinism, and the possibility of autonomy of artificial agency in the Kantian paradigm of autonomy. Kant's resolution of the third antinomy by positing the ground in the noumenal self resolves the problem of antinomies; however, invites an explanatory (...) gap between phenomenality and the noumenal self; even if he has successfully established the compatibility of natural causality and non-natural causality through his transcendental argument. This paper is also devoted to establishing the plausibility of the knowledge claim that Kantian reduction of phenomenality has served half of the purpose of the AI scientists on the possibility of Artificial Autonomous Agency. (shrink)

This paper asks how Kant’s mature theory of freedom handles an objection pertaining to chance. This question is significant given that Kant raises this criticism against libertarianism in his early writings on freedom before coming to adopt a libertarian view of freedom in the Critical period. After motivating the problem of how Kant can hold that the free actions of human beings lack determining grounds while at the same maintain that these are not the result of ‘blind (...) chance,’ I argue that Kant’s Critical doctrine of transcendental idealism, while creating the conceptual space’ for libertarian freedom, is not intended to provide an answer to the problem of chance with respect to our free agency. I go on to show how the resources for a refutation of chance only come about in the practical philosophy. In the 2nd Critique, Kant famously argues for the reality of freedom on the basis of our consciousness of the moral law as the law of a free will. However, Kant also comes to build into his account of the will a genuine power of choice, which involves the capacity to deviate from the moral law. I conclude by showing that this apparent tension can be resolved by turning to his argument for the impossibility of a diabolical will. This involves a consideration of the distinct kind of grounding relationship that practical laws have to the human will, as well as the way that transcendental idealism makes this possible. (shrink)

This article is not an attempt to explain consciousness in terms basically of quantum physics or neuro-biology. Instead I should like to place the term "Consciousness" on a broader footing. I shall therefore proceed from everyday reality, precisely where we experience ourselves as conscious beings. I shall use the term in such a general way as to resolve the question whether only a human being enjoys consciousness, or even a thermostat. Whilst the difference is considerable, it is (...) not fundamental. Every effect exists in the perception of a consciousness. I elaborate on its freedom of choice, in my view the most important source of creativity, in a similarly general way. The problems associated with a really conscious decision do not disappear by mixing determination with a touch of coincidence. Both must enter into a higher unity. In so doing it will emerge that a certain degree of freedom of choice is just as omnipresent as consciousness - an inherent part of reality itself. (shrink)

This essay is an overview of Nietzsche’s philosophy of action. I discuss the central features of Nietzsche’s account and the ways in which it departs from standard accounts. Section 1 discusses Nietzsche’s view of the opacity of human action. I focus on the way in which the agent’s experience of the world is shaped by unnoticed and unconscious factors. Section 2 asks what role self-consciousness has in the production of action. Section 3 turns to the way in which Nietzsche (...) understands the action/behavior distinction. Finally, Section 4 analyzes Nietzsche’s account of freedom. What emerges is a view that is not just one more entry into the standard debates, but an attempt at rethinking the terms in which the debate is cast. (shrink)

“Freedom” is a phenomenon in the natural world. This phenomenon—and indirectly the question of free will—is explored using a variety of systems-theoretic ideas. It is argued that freedom can emerge only in systems that are partially determined and partially random, and that freedom is a matter of degree. The paper considers types of freedom and their conditions of possibility in simple living systems and in complex living systems that have modeling subsystems. In simple living systems, types (...) of freedom include independence from fixed materiality, internal rather than external determination, activeness that is unblocked and holistic, and the capacity to choose or alter environmental constraint. In complex living systems, there is freedom in satisfaction of lower level needs that allows higher potentials to be realized. Several types of freedom also manifest in the modeling subsystems of these complex systems: in the transcending of automatism in subjective experience, in reason as instrument for passion yet also in reason ruling over passion, in independence from informational colonization by the environment, and in mobility of attention. Considering the wide range of freedoms in simple and complex living systems allows a panoramic view of this diverse and important natural phenomenon. (shrink)

The main argument in this book is the undeniable openness of every system to the unknown. And the fundamental question goes: What does this openness produce? We are a part of the infinite universe and an incorporation of its wholeness. Both for us means an individualized reality, through which the universe expresses itself and on the other hand through which it is built up with. It also means our necessity, importance and indestructibility for the sum of its incorporations. Most connections (...) among ourselves are hardly conscious for us. Meanwhile the infinitesimality structure of all consciousness guarantees not only the logical lack of inconsistency of these connections but also the freedom of choice of every individual. Our goal by no means can be to decide completely consciously. Responsibility contains spontaneity or rather trust in a meaningful working together of the forces. We increasingly become aware of our role in the entire relationship and we learn to contribute optimally to the value fulfillment of all individuals, ourselves included. Beyond the supposed differences between objective and subjective reality, we at some point of awareness comprehend that we create our reality out of our innermost depths. (shrink)

According to many criteria, agency, intentionality, responsibility and freedom of decision, require conscious decisions. Freud already assumed that many of our decisions are influenced by dynamically unconscious motives or that we even perform unconscious actions based on completely unconscious considerations. Such actions might not be intentional, and perhaps not even actions in the narrow sense, we would not be responsible for them and freedom of decision would be missing. Recent psychological and neurophysiological research has added to this a (...) number of phenomena (the "new unconscious") in which behavior is completely unconscious or in which the decision or its execution is influenced by unconscious factors: priming, automatic behavior, habitualized behavior, actions based on plain unconscious deliberations, intrusion of information from the dorsal pathway, etc. However, since this makes up the largest part of the behavior which is generally regarded as action, intentionality, yet agency, responsibility and even compatibilist freedom of decision for the largest part of our behavior may be threatened. Such considerations have led to a lively debate, which, however, suffers from generalizations that lump all these unconscious phenomena together. In contrast, the aim of this article is to discuss individual unconscious influences on our behavior separately with respect to what extent they require changes in traditional conceptualizations. The first part (2-4) of the article outlines the "traditions" and their elaborations: the intentional causalist concept of action, an associated empirical theory of action and standard concepts of responsibility and compatibilist freedom of decision, as well as the challenges for them. In the second part (5-9), the aforementioned unconscious influences on our actions (except for automated and habitualized actions, which I discuss elsewhere) are examined: 1. unconscious priming, 2. dynamically unconscious motives, 3. dorsal pathway information influencing conscious decisions, 4. unconsciously altered execution of conscious intentions, 5. unconscious deliberations and decisions. To what extent do these phenomena C1. require a change in the concept of action, C2. curtail intentionality or agency, C3. responsibility and C4. freedom? The result is: The curtailments prove to be far less dramatic than they initially appear; they require more watchfulness but no conceptual change. (shrink)

Resonance can trigger of a series of quantum events and therefore induce several changes related to consciousness at micro as well as macro level within a living system. Therapeutic effects have been observed in several religious meditative and healing practices, which use resonance in the form of chanting and prayers. A living system may have many resonant frequencies due to their degrees of freedom, where each can vibrate as a harmonic oscillator supporting the progression of vibrations as waves (...) that moves as a ripple within the whole system. A cell as an organism or cells in multicellular organisms act as resonating bodies that trigger of oscillation of oscillatory proteins of the cytoskeletal network. The resulting protein conformational changes generate a conscious moment that is regulated via electron tunneling, delocalization and superposition in space time geometry. Consciousness or sentience are phenomenal characteristics of every cell and even though we don’t know the “why” we surely can predict and hypothesize the “how” of consciousness to be quantum computed, which enables the cell to understand and judge perceptions giving it a prospect to behave as per will. (shrink)

Can we trace back consciousness, reality, awareness, and free will to a single basic structure without giving up any of them? Can the universe exist in both real and individual ways without being composed of both? This dialogue founds consciousness and freedom of choice on the basis of a new reality concept that also includes the infinite as far as we understand it. Just the simplest distinction contains consciousness. It is not static, but a constant alternation (...) of perspectives. From its entirety and movement, however, there arises a freedom of choice being more than reinterpreted necessity and unpredictability. Although decisions ultimately involve the whole universe, they are also free in varying degrees here and now. The unity and openness of the infinite enables the individual to be creative while this creativity directly and indirectly enters into all other individuals without impeding them. A contrary impression originates only in a narrowed awareness. But even the most conscious and free awareness can neither anticipate all decisions nor extinguish individuality. Their creativity is secured. (shrink)

This article argues in favor of Open conception of divinity and theology in Islam. In Section 1, I explain the main textual difference between traditional transcendent conception of divinity and the open conception. Then, I will demonstrate the essential elements of this theology according to the various interpretations of the texts. I will then introduce a different meaning of God’s power as freedom bestowment. Next, I will argue that open theology can be supported rationally through its capability to dissolve (...) some philosophical concerns of theism. It will be concluded that since in the modern era, human beings have changed their position in the world consciously, this change in the position of the man-world state definitely affects our epistemic position toward God, which is our theology. Nowadays, after challenging the sociopolitical paternalistic hierarchy of the world, we become more ready to understand the immanence, nearness, and love of God instead of seeing Him as the almighty King who governs the world from an eternal and too transcendent position. In my view, Open theology could be a fruitful avenue for Islamic theology to pursue as it seeks to answer the emerging questions concerning Man–God relationship in our modern world. (shrink)

I illustrate a formal similarity between the autonomy-heteronomy relation in Kant and the authenticity-inauthenticity relation in Heidegger, which then serves as an introduction to the affinity as well as the differences between Kant’s philosophy of self-consciousness and Heidegger’s investigation of the meaning of being. I sketch this in a two-fold manner: (1) for Kant and Heidegger, freedom is a form of energeia—a self-sustaining and (in some sense) complete or perfected activity. For each it may also be seen as (...) constitutive of our lived experience of time (or temporality, Zeitlichkeit) as the limit within which our everyday being occurs, allowing for fallenness or un-ownedness to manifest inside time; and (2) for both, the possibility of un-ownedness is to be understood through a form of self-deception. We will see that these two basic points are inextricably linked: freedom or spontaneity as a self-sustaining activity underlying philosophy as a whole, and which constitutes the possibility of activity in time, is the condition of the possibility and actuality of the phenomenon of losing one’s self-ownership to oneself within time. The inextricable link can be seen in the way that all activity which is properly described as taking place inside time always already presupposes a relation to the energeia constituting the whole of time. This distinction between being in time and being constitutive of time is registered in what I call the temporal difference. However, the striking disagreement between Kant and Heidegger may also be understood from this same vantage point. I suggest that this difference lies in the way that Kant conceives of the temporal difference, specifically by emphasizing the independence of self-consciousness from time. (shrink)

Sri Guru Tegh Bahadur, ninth Sikh Guru, fell as a martyr to the freedom of consciousness and belief. The Guru's great sacrifice was to vindicate the people's right to profess and practice their faith. It meant the assertion of the principle of justice for which the ruling Mughal rulers of the day had very scant regard. For this reason, the life, career, and teachings of Guru Tegh Bahadur are of immense significance even in contemporary times, when the forces (...) of hate, fanaticism, and tyranny are still very dominant and assertive. (shrink)

Sri Guru Tegh Bahadur, ninth Sikh Guru, fell as a martyr to the freedom of consciousness and belief [1]. The Guru's great sacrifice was to vindicate the people's right to profess and practice their faith. It meant the assertion of the principle of justice for which the ruling Mughal rulers of the day had very scant regard. For this reason, the life, career, and teachings of Guru Tegh Bahadur are of immense significance even in contemporary times, when the (...) forces of hate, fanaticism, and tyranny are still very dominant and assertive. Guru Tegh Bahadur, a multifaceted genius, Guru and martyr, was also a great poet. He authored 57 Salokas, and 59 other compositions (Shabads). These hymns, written in 15 Raagas (measures) are enshrined in Sri Guru Granth Sahib (SGGS) [2-4], the sacred scripture of the Sikhs. In his hymns, though he articulates [5] on the unreality of human passions and possessions, yet his hymns have been a source of spiritual succour and solace to millions of people in their hours of personal grief and affliction. Through his hymns, he brightens our awareness of the transience of the material phenomena. However, instead of creating a sense of despair and depression, he elevates the human mind and imbues it with hope. Thereby he makes it possible for us to rise above the irritants of the immediate problems of existence and keep our attention focused on the everlasting and eternal. Guru Tegh Bahadur [1-18] inherited his vision or worldview from his predecessor Gurus. He stood [1] for the same system of moral, social, and spiritual values as emphasized by the previous Gurus. Still, his compositions have an identity of their own. As a whole, his hymns present a central, unifying theme: a coherent and dynamic vision of humans, their predicament as a part of nature, the way out of this predicament, and the resultant awareness of the unique spiritual nature that is within them. In this way, the Guru helps humans redefine their relationship with the world and grow spiritually. Guru Tegh Bahadur's poetry seeks to redeem life from meaninglessness and fear, to enlarge and enliven humans' consciousness, and to open their inward eye to the glory of all-redeeming, ever-existent Truth. In this article, a few of his views on the various aspects of life are being reported. (shrink)

Looking at responsibility within a Lévinasian sense, human beings are firstly seen not in the philosophically traditional sense, of being egocentric, but rather seen as ethical subjects based on “the other” (Lévinas & Hand, 1989). The purpose of this paper is to examine the notion of responsibility as Lévinas conceptualized in the idea that human beings are responsible for not only themselves but for others. Lévinas within “Ethics as First Philosophy” (Lévinas & Hand, 1989) states that before all other forms (...) of being in the world there must be responsibility to the Other (Lévinas & Hand, 1989). Lévinas defines this to mean that before freedom of the subject, and their subjectivity, before self-consciousness, before the consciousness of consciousness, before being, and before relativity there is “responsibility for the Other pre-exists any self-consciousness” (Lévinas & Hand, 1989, p.75). Perhaps, Lévinas is saying that a human beings obligation comes before all of what follows from our being in this world, our obligation to the Other beginning with the “face to face” (Lévinas & Hand, 1989, p.75), interaction, which is our first and foremost responsibility, the responsibility to the Other. And to be ethical beings who begin with responsibility we rely on the fundamental relationship of others. This notion of responsibility appears when we encounter, in the face-to-face interaction, the unknowable other. However, does this responsibility extend to more than two individuals and to those outside our immediate proximity? For example, Lévinas states that it is the “face to face” notion of seeing one in distress, yet what if it is a group of people, and what if they are not in close proximity but on the other side of the world? What if they are on the other side of a screen that can also be artificial intelligence in our modern era. Are we still responsible? And if we are responsible, how does Lévinas’s concept of responsibility fit into that situation or is it limited? I want to examine responsibility in terms of proximity through a Lévinasian ethical lens and plurality, defined as more than two individuals, by questioning responsibility in terms of relationality, and vulnerability. I will be looking mainly at five authors Emmanuel Lévinas, Ernst Van Alphen, Judith Butler, Kevin Quashi, and Lisa Guenther, to answer the question of whether Lévinas’s definition of responsibility includes proximity, and plurality. (shrink)

Despite recent neuroscientific research purporting to reveal that free will is an illusion, this paper will argue that agency is an inescapable feature of rationality and thought. My aim will not be to address the methodology or interpretation of such research, which I will only mention in passing. Rather, I will examine a collection of basic concepts which are presupposed by thought, and propose that these concepts are interrelated in ways that makes them both basic and irreducibly complex. The collection (...) includes such concepts as belief, value, meaning, and truth. I will argue that free will belongs to this collection, and as such is also presupposed by thought. This proposal is opposed to a methodological tendency in analytic philosophy, to eliminate aspects of concepts which can’t be given a clear analysis, and to the wish of many empirical psychologists and cognitive scientists to reduce intentional/mental states to neurons and other mindless phenomena which they regard as more fundamental. Instead of offering a direct critique of either of these methodological attitudes, I will try to place the concept of freedom in its proper conceptual context, and make a positive case for its reality. (shrink)

Kant’s critical philosophy represents a rudimentary existentialism, or a proto-existentialism, in the following respects: He emphasizes human finitude, limits our knowledge, and argues that human consciousness is characterized by mineness (Jemeinigkeit). He introduces the influential concept of autonomy, something that lead to controversies about constructivism and anti-realism in meta-ethics and anticipated problems concerning decisionism in Existentialism. Kant makes human freedom the central philosophical issue, arguing (in the incorporation thesis) that freedom is inescapable for human agents. He even (...) holds that awareness of freedom leads to anxiety (as opposed to fear), and that anxiety precedes the fall into evil. In the doctrine of radical evil, he argues that human agents are always already suffering from self-deception because of this fall. In order to overcome self-deception and evil, Kant proscribes a radical self-choice in which the agent takes over himself and society by thinking independently and consistently. However, this is not only a moral issue for Kant but also something that concerns religious faith and hope, since Kant argues that we need religion to overcome not only moral evil but also despair. Although he criticizes traditional natural theology, Kant develops a practical (moral) interpretation of religion that anticipates religious Existentialism. In this context, he developed an influential critique of philosophical theodicies and a notion of the hiddenness of God that emphasizes the importance and inscrutability of evil. By doing this, and by introducing philosophy of religion and philosophical anthropology as new disciplines, Kant prepared the ground for Existentialism. (shrink)

``People say again and again that philosophy doesn´t really progress, that we are still occupied with the same philosophical problems as were the Greeks. But the people who say this don´t understand why it has to be so. It is because our language has remained the same and keeps seducing us into asking the same questions. As long as there continues to be a verb ´to be´ that looks as if it functions in the same way as ´to eat and (...) to drink´, as long as we still have the adjectives ´identical´, ´true´, ´false´, ´possible´, as long as we continue to talk of a river of time, of an expanse of space, etc., etc., people will keep stumbling over the same puzzling difficulties and find themselves staring at something which no explanation seems capable of clearing up. And what´s more, this satisfies a longing for the transcendent, because, insofar as people think they can see the ‘limits of human understanding´, they believe of course that they can see beyond these.`` -/- This quote is from Ludwig Wittgenstein who redefined philosophy some 70 years ago (but most people have yet to find this out). Dennett, though he has been a philosopher for some 40 years, is one of them. It is also curious that both he and his prime antagonist, John Searle, studied under famous Wittgensteinians (Searle with John Austin, Dennett with Gilbert Ryle) but Searle more or less got the point and Dennett did not, (though it is stretching things to call Searle or Ryle Wittgensteinians). Dennett is a hard determinist (though he tries to sneak reality in the back door), and perhaps this is due to Ryle, whose famous book ´The Concept of Mind´(1949) continues to be reprinted. That book did a great job of exorcising the ghost, but it left the machine. -/- Dennett enjoys making the mistakes Wittgenstein, Ryle (and many others since) have exposed in detail. Our use of the words consciousness, choice, freedom, intention, particle, thinking, determines, wave, cause, happened, event (and so on endlessly) are rarely a source of confusion, but as soon as we leave normal life and enter philosophy (and any discussion detached from the environment in which language evolved—i.e., the exact context in which the words had meaning) chaos reigns. Like most, Dennett lacks a coherent framework - which Searle has called the logical structure of rationality. I have expanded on this considerably since I wrote this review and my recent articles show in detail what is wrong with Dennett's approach to philosophy, which one might call Scientism on steroids. Let me end with another quote from Wittgenstein--´Ambition is the death of thought´. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle’ 2nd ed (2019). Those interested in more of my writings may see ‘Talking Monkeys--Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet--Articles and Reviews 2006-2019 3rd ed (2019), The Logical Structure of Human Behavior (2019), and Suicidal Utopian Delusions in the 21st Century 4th ed (2019) . (shrink)

I argue that the traditional free will debate has focused too much on whether free will is compatible with determinism and not enough on whether free will is compatible with specific causal explanations for our actions, including those offered by empirical psychology. If free will is understood as a set of cognitive and volitional capacities, possessed and exercised to varying degrees, then psychology can inform us about the extent to which humans (as a species and as individuals) possess those capacities (...) and manage to exercise them across various situations. While recent work on the role of consciousness in action has been misinterpreted to suggest its role is illusory, recent work in social psychology presents a more viable challenge to our free will. The extent to which we can act on reasons we would accept or can know why we are doing what we do appears to be much less than we presume. Further work is necessary, of course, and it will need to involve both philosophical analysis and psychological investigation. Questions regarding the nature of human freedom and responsibility clearly require the conceptual resources of philosophy and the empirical resources of psychology. (This chapter was written in 2008 for the never published Oxford Handbook on Philosophy of Psychology.). (shrink)

The uniqueness of each standpoint, each point of effect, can only be "overcome" by the standpoint changing to other standpoints and returning. In such alternation, which can also appear as constant change, lies the unity of the world. The wholeness of an alternation, however, is a structure of consciousness due to the special relationship between the circumscribing periphery and the infinitesimal center. This process structure unites determinacy and indeterminacy also totally in every place. Therefore, everywhere we are dealing with (...) forms of consciousness with more or less freedom of choice and an increasingly unknown depth. We live in a world of choosing consciousness, or rather awareness. In this respect, our environment expresses a deep truth about ourselves. (shrink)

This article explores the later Schleiermacher’s metaphysics of substance and what it entails concerning the question of transcendental freedom. I show that in espousing a metaphysics of substance, Schleiermacher also abandoned an understanding of nature as a mere mechanism, a view implying what I call a “state-state view of causation” (“SSV” for short). Adoption of the view of the self as substance was motivated by the primacy of practical and religious concerns in Schleiermacher’s later work: in Christian Faith, an (...) analysis of self-consciousness from a first person point of view grounds this understanding of the self. In fact, in Christian Faith, ontology, and thereby theology, is only possible through such a first person analysis. The development of Schleiermacher’s views over time, and the reasons accompanying this development, can be fully understood only the in the context of his engagement with the work of Spinoza, Leibniz, and Kant. In what follows I trace this development through an analysis of the philosophical problems and influences shaping Schleiermacher’s mature view, and shed light on his understanding of self-consciousness and its relation to God. My own account should also serve to correct some recent misunderstandings that have made their way into the secondary literature. (shrink)

ABSTRACT ABSTRACT: Nietzsche, we are often told, had an account of 'self' or 'mind' or a 'philosophical psychology', in which what he calls our 'drives' play a highly significant role. This underpins not merely his understanding of mind, in particular, of consciousness and action. but also his positive ethics, be they understood as authenticity, freedom, knowledge, autonomy, self-creation, or power. But Nietzsche did not have anything like a coherent account of 'the drives' according to which the self, the (...) relationship between thought and action, or consciousness could be explained; consequently, he did not have a stable account of drives on which his positive ethics could rest. By this, I do not mean that his account is incomplete or that it is philosophically indefensible: both would leave open, misleadingly, the possibility of a rational reconstruction of Nietzsche’s views; both would already assume more unity and coherence than we find in his texts. Specifically, as I show through detailed analysis, Nietzsche provides varied and inconsistent accounts of what a 'drive' is, how much we can know about drives, and the relationship between drives and conscious deliberations about action. I conclude by questioning the hunt for a Nietzschean theory: is this the best way to be reading him? (shrink)

The mind-body problem is analyzed in a physicalist perspective. By combining the concepts of emergence and algorithmic information theory in a thought experiment employing a basic nonlinear process, it is argued that epistemically strongly emergent properties may develop in a physical system. A comparison with the significantly more complex neural network of the brain shows that also consciousness is epistemically emergent in a strong sense. Thus reductionist understanding of consciousness appears not possible; the mind-body problem does not have (...) a reductionist solution. The ontologically emergent character of consciousness is then identified from a combinatorial analysis relating to system limits set by quantum mechanics, implying that consciousness is fundamentally irreducible to low-level phenomena. In the perspective of a modified definition of free will, the character of the physical interactions of the brain's neural system is subsequently studied. As an ontologically open system, it is asserted that its future states are undeterminable in principle. We argue that this leads to freedom of the will. (shrink)

_ Source: _Volume 47, Issue 1, pp 85 - 107 The aim of this paper is to demonstrate the importance of Henri Bergson to the philosophical development of Jean-Paul Sartre’s thought. Despite Sartre’s early enthusiasm for Bergson’s description of consciousness, and the frequent references to Bergson in Sartre’s early work, there has been virtually no analysis of the influence of Bergson’s thought on Sartre’s development. This paper addresses this deficit. The first part of the paper explores Sartre’s analysis of (...) the function of the imagination in his two early works on the subject, _The Imagination_, and _The Imaginary_. I argue that many of Sartre’s central criticisms of what he calls “the illusion of immanence” can be traced back to Bergson, and that, despite Sartre’s rejection of Bergson’s account of consciousness, Sartre’s account of the imagination is still heavily indebted to Bergson’s logic of multiplicities. The second part argues that Sartre’s analysis of the imagination leads, in _Being and Nothingness_, to an account of freedom that still bears traces of his early Bergsonism, even if it reverses the direction of Bergson’s own analysis of freedom. (shrink)

Violence, Slavery and Freedom between Hegel and Fanon is a volume of secondary literature that dispels common misconceptions about the relationship between Hegelian and Fanonian philosophy, and sheds new light on the connections and divergences between the two thinkers. By engaging in close textual analyses of both Hegel and Fanon, the chapters in this volume disambiguate the philosophical relation between Sartre and Fanon, scrutinize the conflation of Self-Consciousness in Hegel’s Phenomenology of Spirit and subjectivity in Hegel’s Lectures on (...) the Philosophy of History in light of Hegel’s reception in decolonial thought, and flesh out the pivotal ontological role of violence in Fanon’s work. In particular, this volume underscores the necessity of Fanon scholars to pay heed to the distinction between Hegel’s dialectic of lordship and bondage and Kojève’s master-slave dialectic, as the latter—an anthropological interpretation of a Hegelian epistemological gestalt of consciousness—is what enables Fanon to engage with the former as a historical dialectic. This review emphasizes that Violence, Slavery and Freedom between Hegel and Fanon is a pedagogically significant text, and ultimately concludes that this volume is a vital resource for Continental Philosophical scholarship on Fanon and Hegel. (shrink)

Despite F. W. J. Schelling’s relative exclusion from the ongoing German idealist renaissance in Anglophone scholarship, recent critical and historical engagement with idealist texts affords an unprecedented opportunity to discover the richness and value of his thinking. This volume provides a wide-ranging presentation of Schelling’s original contribution to and internal critique of the basic insights of German idealism, his role in shaping the course of post-Kantian thought, and his sensitivity and innovative responses to questions of lasting metaphysical, epistemological, ethical, aesthetic, (...) and theological importance. The contributing authors offer compelling reasons to regard Schelling as one of Kant’s most incisive interpreters, a pioneering philosopher of nature, a resolute philosopher of human finitude and freedom, a nuanced thinker of the bounds of logic and self-consciousness, and perhaps Hegel’s most effective critic. (shrink)

The moot point of the Western philosophical rhetoric about free will consists in examining whether the claim of authorship to intentional, deliberative actions fits into or is undermined by a one-way causal framework of determinism. Philosophers who think that reconciliation between the two is possible are known as metaphysical compatibilists. However, there are philosophers populating the other end of the spectrum, known as the metaphysical libertarians, who maintain that claim to intentional agency cannot be sustained unless it is assumed that (...) indeterministic causal processes pervade the action-implementation apparatus employed by the agent. The metaphysical libertarians differ among themselves on the question of whether the indeterministic causal relation exists between the series of intentional states and processes, both conscious and unconscious, and the action, making claim for what has come to be known as the event-causal view, or between the agent and the action, arguing that a sort of agent causation is at work. In this paper, I have tried to propose that certain features of both event-causal and agent-causal libertarian views need to be combined in order to provide a more defendable compatibilist account accommodating deliberative actions with deterministic causation. The ‘‘agent-executed-eventcausal libertarianism’’, the account of agency I have tried to develop here, integrates certain plausible features of the two competing accounts of libertarianism turning them into a consistent whole. I hope to show in the process that the integration of these two variants of libertarianism does not challenge what some accounts of metaphysical compatibilism propose—that there exists a broader deterministic relation between the web of mental and extra-mental components constituting the agent’s dispositional system—the agent’s beliefs, desires, short-term and long-term goals based on them, the acquired social, cultural and religious beliefs, the general and immediate and situational environment in which the agent is placed, etc. on the one hand and the decisions she makes over her lifetime on the basis of these factors. While in the ‘‘Introduction’’ the philosophically assumed anomaly between deterministic causation and the intentional act of deciding has been briefly surveyed, the second section is devoted to the task of bridging the gap between compatibilism and libertarianism. The next section of the paper turns to an analysis of folk-psychological concepts and intuitions about the effects of neurochemical processes and prior mental events on the freedom of making choices. How philosophical insights can be beneficially informed by taking into consideration folk-psychological intuitions has also been discussed, thus setting up the background for such analysis. It has been suggested in the end that support for the proposed theory of intentional agency can be found in the folk-psychological intuitions, when they are taken in the right perspective. (shrink)

Consciousness has always been linked to the nervous system or rather the brain, but there recorded conscious behaviors in organisms without nerve cells have changed the perspective of consciousness. A living cell is a blend of resonant frequencies, due to degrees of freedom that make it vibrate as a harmonic oscillator supporting the progression of vibrations as waves in and out of the system; to the neighboring cells, to the body, to other bodies and ultimately to the (...) Universe; all of which connects. Quantum generated consciousness is energy; emerges in each and every living cell and traverses by means of resonating vibrations; which utilizes the cellular structures to flow by means of a coherent, obscured, robust, recoverable process. (shrink)

I argue that Sartre's Transcendence of the Ego draws on Kant's theory of spontaneity to articulate its metaphysical account of consciousness's mode of being, to defend its phenomenological description of the intentional structure of self‐consciousness, and to diagnose the errors that motivate views of consciousness qua person or substance. In addition to highlighting an overlooked dimension of Sartre's early relation to Kant, this interpretation offers a fresh account of how Sartre's argument for the primacy of pre‐personal (...) class='Hi'>consciousness works, and brings the extent of his proximity to idealist models of mind into greater relief. It also affords Sartre the resources to respond to criticisms that his account of self‐consciousness relies on a spurious distinction and that his view of freedom cannot explain how consciousness is conditioned by its world. (shrink)

This paper presents a new trilemma with respect to resolving the control and alignment problems in machine ethics. Section 1 outlines three possible types of artificial moral agents (AMAs): (1) 'Inhuman AMAs' programmed to learn or execute moral rules or principles without understanding them in anything like the way that we do; (2) 'Better-Human AMAs' programmed to learn, execute, and understand moral rules or principles somewhat like we do, but correcting for various sources of human moral error; and (3) 'Human-Like (...) AMAs' programmed to understand and apply moral values in broadly the same way that we do, with a human-like moral psychology. Sections 2–4 then argue that each type of AMA generates unique control and alignment problems that have not been fully appreciated. Section 2 argues that Inhuman AMAs are likely to behave in inhumane ways that pose serious existential risks. Section 3 then contends that Better-Human AMAs run a serious risk of magnifying some sources of human moral error by reducing or eliminating others. Section 4 then argues that Human-Like AMAs would not only likely reproduce human moral failures, but also plausibly be highly intelligent, conscious beings with interests and wills of their own who should therefore be entitled to similar moral rights and freedoms as us. This generates what I call the New Control Problem: ensuring that humans and Human-Like AMAs exert a morally appropriate amount of control over each other. Finally, Section 5 argues that resolving the New Control Problem would, at a minimum, plausibly require ensuring what Hume and Rawls term ‘circumstances of justice’ between humans and Human-Like AMAs. But, I argue, there are grounds for thinking this will be profoundly difficult to achieve. I thus conclude on a skeptical note. Different approaches to developing ‘safe, ethical AI’ generate subtly different control and alignment problems that we do not currently know how to adequately resolve, and which may or may not be ultimately surmountable. (shrink)

In this text I would like to show two things. Firstly, that the so-called “timelessness” of the Freudian unconscious can be elucidated through an interpretation of the concept of Nachträglichkeit, and showing thereby that there is indeed a temporality specific to the workings of the unconscious. Freud’s analysis of early psychic trauma related to sexual phenomena pointed to a serious complication for all believers in the immediate transparency of consciousness. For the “wound” itself was constituted over time, and the (...) possibility of coming to understand the trauma (thereby achieving a certain freedom from its repercussions) was again only possible after the event had passed. The Nachträglichkeit involved in the psychoanalytical understanding of sexual trauma thus hinges on a threefold temporal process at work in subjective life. Secondly, I wish to show that Husserl, in his analyses of time and intersubjectivity, delivered the materials with which a phenomenological clarification of Nachträglichkeit can be given. Since Nachträglichkeit is essentially tied to the structure of repression (and thus the very constitution of the unconscious), what I am suggesting is a prolegomenon to a phenomenological clarification of Freudian repression. This clearly suggests the need for further investigations into the phenomenology of sexual life. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

According to Friedrich Schleiermacher, religiosity is rooted in feeling (Gefühl). As a result of our engagement with the world, on which we depend and which we can influence, we have both a sense of dependence and of freedom. Schleiermacher speculated that a sense of absolute dependence in reflective beings with self-consciousness (human beings) gave rise to religion. Using insights from contemporary philosophy of biology and cognitive science, I seek to naturalize Schleiermacher's ideas. I moreover show that this naturalization (...) is in line with Schleiermacher's outlook on biology, as he already had evolutionary considerations in mind when he wrote the Christian Faith (1830). While Schleiermacher rejects natural theology in a narrow sense (proofs for the existence of God), his project is natural theological in a broader sense, as it roots religion in experiences that we can examine using naturalistic theories. (shrink)

It is often assumed that Fichte's aim in Part I of the System of Ethics is to provide a deduction of the moral law, the very thing that Kant – after years of unsuccessful attempts – deemed impossible. On this familiar reading, what Kant eventually viewed as an underivable 'fact' (Factum), the authority of the moral law, is what Fichte traces to its highest ground in what he calls the principle of the 'I'. However, scholars have largely overlooked a passage (...) in the System of Ethics where Fichte explicitly invokes Kant's doctrine of the fact of reason with approval, claiming that consciousness of the moral law grounds our belief in freedom (GA I/5:65). On the reading I defend, Fichte's invocation of the Factum is consistent with the structure of Part I when we distinguish (a) the feeling of moral compulsion from (b) the moral law itself. (shrink)