This paper argues against the claim that Frege is committed to an infinite hierarchy of senses. Carnap and Kripke, along with many others, argue the contrary; I expose where all such arguments go astray. Invariably these arguments assume (without citation) that Frege holds that sense and reference are always distinct. This is the fulcrum upon which the hierarchy is hoisted. The counter to this assumption is based on two important but neglected passages. The locution ‘indirect (...) class='Hi'>sense’ has no ontological significance for Frege. It was just a ‘short expression’ (his term) to indicate that the customary relation between sign, sense, and reference is suspended in what he called the exception case of indirect context. Once the hierarchy is abandoned, the alleged problem of just what indirect sense is, as well as questions as to why Frege said so little about it and why he did not examine iterative indirect contexts are resolved. Of course, with no hierarchy, Davidson’s “unlearnability argument” turns out to be a non-starter. Some objections to my interpretation are considered and answered. Additionally, comparisons to Dummett’s one-level view of sense, which is similar to mine are made, as well as to some two-level views (Parsons and Skiba). (shrink)

A central dispute in understanding Frege’s philosophy concerns how the sense of a complex expression relates to the senses of its component expressions. According to one reading, the sense of a complex expression is a whole built from the senses of the component expressions. On this interpretation, Frege is an early proponent of structured propositions. A rival reading says that senses compose by functional application: the sense of a complex expression is the value of the function denoted (...) by its functional component for the arguments denoted by its remaining components. I argue that two non-negotiable Fregean theses entail that senses compose by functional application. One thesis is that referents compose by functional application. The other thesis is that an expression in an indirect context refers to its customary sense. (shrink)

Georgalis claimed that when Frege wrote ‘Über Sinn und Bedeutung’ Frege thought that the indirect [ungerade] sense of an expression was identical to its normal [gewöhnlich] sense (Georgalis 2022: e.g. 4, 5, 13). In this paper, I present five arguments for the falsity of Georgalis’ claim which are based on three pieces of apparent counterevidence: a passage from Frege’s letter to Russell dated 28.12.1902; a passage from Frege’s letter to Russell dated 20.10.1902; and a passage from ‘Über (...) Sinn und Bedeutung’. I outline possible counter-arguments and responses. (shrink)

I demonstrate here that St. Anselm’s account of free will fits neatly into an Aristotelian conceptual framework. Aristotle’s four causes are first aligned with Anselm’s four senses of ‘will’. The volitional hierarchy Anselm’s definition of free will entails is then detailed, culminating in its reconciliation with Eudemonism. The Beatific Vision, as summum bonum, is shown to be the apex of that series of perfections. I conclude by explicating Anselm’s teleological understanding of sin by reference to his semantic recapitulation of (...) Aristotle’s essence-accident distinction. (shrink)

There is an inconsistency among claims made (or apparently made) in separate articles by Alonzo Church concerning Frege's distinction between sense and denotation taken together with plausible assertions by Frege concerning his notion of ungerade Sinn-i.e., the sense that an expression allegedly takes on in positions in which it has ungerade Bedeutung, denoting its own customary sense. As with any inconsistency, the difficulty can be avoided by relinquishing one of the joint assumptions from which contradiction may (...) be derived. Yet what seems the most plausible resolution, in light of Church's own arguments, involves abandoning the theory of sense and denotation, in the form in which it has been staunchly advocated by both Frege and Church. That theory has come under sustained criticism from several quarters. Whereas the present difficulty supplements the case against the theory, it is unlike more familiar criticisms, since it is not framed from the perspective of an alternative theory (or picture) but is based instead on an internal conflict, and therefore has special force. (shrink)

Predictive approaches to the mind claim that perception, cognition, and action can be understood in terms of a single framework: a hierarchy of Bayesian models employing the computational strategy of predictive coding. Proponents of this view disagree, however, over the extent to which perception is direct on the predictive approach. I argue that we can resolve these disagreements by identifying three distinct notions of perceptual directness: psychological, metaphysical, and epistemological. I propose that perception is plausibly construed as psychologically (...) class='Hi'>indirect on the predictive approach, in the sense of being constructivist or inferential. It would be wrong to conclude from this, however, that perception is therefore indirect in a metaphysical or epistemological sense on the predictive approach. In the metaphysical case, claims about the inferential properties of constructivist perceptual mechanisms are consistent with both direct and indirect solutions to the metaphysical problem of perception (e.g. naïve realism, representationalism, sense datum theory). In the epistemological case, claims about the inferential properties of constructivist perceptual mechanisms are consistent with both direct and indirect approaches to the justification of perceptual belief. In this paper, I demonstrate how proponents of the predictive approach have conflated these distinct notions of perceptual directness and indirectness, and I propose alternative strategies for developing the philosophical consequences of the approach. (shrink)

This dissertation is about the structure of thought. Following Gottlob Frege, I define a thought as the sort of content relevant to determining whether an assertion is true or false. The historical component of the dissertation involves interpreting Frege’s actual views on the structure of thought. I argue that Frege did not think that a thought has a unique decomposition into its component senses, but rather the same thought can be decomposed into senses in a variety of distinct ways. I (...) extend Frege’s position and use it to develop an account of the hierarchy of senses, the senses expressed by indexicals and demonstratives, and the distinction between logical and non-logical structure. I also discuss various connections with the nature of meta-representation, our capacity for reflective judgment, some aspects of the structure of conscious experience, the way we perceive regions of space and durations of time, and our conscious awareness of our own perceptions and events of thinking. (shrink)

Information may be defined as the conceptual or communicable part of the content of mental acts. The content of mental acts includes sensory data as well as concepts, particular as well as general information. An information system is an external (non-mental) system designed to store such content. Information systems afford indirect transmission of content between people, some of whom may put information into the system and others who are among those who use the system. In order for communication to (...) happen, the conceptual systems of the originators and users of the information must be sufficiently similar. A formal conceptual framework that can provide the basis for exchange of information is termed an ontology. In its most fundamental form, ontology studies the most basic constituents of reality. Traditionally, ontology seeks to reflects structures that are independent of thought and cognition. The term ontology is used more broadly in artificial intelligence and software engineering, to refer to the conceptual basis for an information system. (shrink)

Bryant’s paper, "A Logic of Multiplicities: Deleuze, Immanence, and Onticology," is useful for showing how the historical legacy of hierarchy in its many philosophical forms is still present, important, and, in fact, required even by those such as Bryant who would seek to deconstruct or ignore it. The following response will discuss Bryant’s presentation of his alternative position and throughout point out: a) the straw-man versions of hierarchy that Bryant employs; b) why what Bryant claims to be inherent (...) negatively in hierarchy is not the case; c) how Bryant’s position actually relies upon hierarchy for its own explication, and finally; d) the various principles of hierarchical metaphysics that are required in order to make sense of experience and reality. These latter include the notions that i) there are many kinds of hierarchy; ii) Being and Unity are prior to Multiplicity; iii) relation without substance is incoherent; iv) hierarchy is not inherently tyrannical; v) the distinction between essentially and accidentally ordered causal series is a real and useful one; and vi) the existence of hierarchy is more self evident than is flat ontology. (shrink)

Martin Luther affirms his theological position by saying “Here I stand. I can do no other.” Supposing that Luther’s claim is true, he lacks alternative possibilities at the moment of choice. Even so, many libertarians have the intuition that he is morally responsible for his action. One way to make sense of this intuition is to assert that Luther’s action is indirectly free, because his action inherits its freedom and moral responsibility from earlier actions when he had alternative possibilities (...) and those earlier directly free actions formed him into the kind of person who must refrain from recanting. Surprisingly, libertarians have not developed a full account of indirectly free actions. I provide a more developed account. First, I explain the metaphysical nature of indirectly free actions such as Luther’s. Second, I examine the kind of metaphysical and epistemic connections that must occur between past directly free actions and the indirectly free action. Third, I argue that an attractive way to understand the kind of derivative moral responsibility at issue involves affirming the existence of resultant moral luck. (shrink)

According to a widespread view, one of the most important roles of education is the nurturing of common sense. In this article I turn to Gilles Deleuze’s concept of sense to develop a contrary view of education—one that views education as a radical challenge to common sense. The discussion will centre on the relation of sense and common sense to thinking. Although adherents of common sense refer to it as the basis of all thought (...) and appeal to critical thinking as instrumental in eliminating its occasional errors, I shall argue, following Deleuze, that common sense education in fact thwarts thinking, while only education which revolves around making sense may provoke thinking that goes beyond the self-evident. I demonstrate how making sense can become an educational encounter that breaks hierarchies and generates thinking independently of the thinker’s knowledge and place in the sociopolitical order. The present article attempts, therefore, to put some sense into Deleuzian education for thinking, and thereby shed new light on its radical-political, counter-commonsensical power. (shrink)

This paper focuses on Paul of Venice’s realist theory of direct knowledge. In the second half of the 13th century human knowledge was standardly viewed as a process of abstraction enabling the human intellect to grasp the essences of corporeal things, regardless of the matter in which they are embodied. This process was achieved thanks to the mediation of mental entities (species intelligibiles) representing the dematerialised objects in the intellect. By the late 13th and early 14th centuries, however, some authors (...) began to regard this account as unsatisfactory. These authors held that assuming the existence of mediating species (considered themselves as objects of knowledge) amounts to thinking that between ourselves and the world there is a barrier preventing us from acquiring knowledge of reality in itself. Paul of Venice is aware of the sceptical accusations made against the theory of species in the 13th and 14th centuries. Nevertheless, he is a firm advocate of the existence of species. He claims that knowledge, despite coming about through species, is not indirect. Quite the contrary: we have immediate access to reality, and the individual objects that constitute it, precisely because our senses (which are purely passive) receive impressions direct from outside, thanks to species. He points out that species are not object of knowledge. They are not known at all during the cognitive process, as they are a mere means (a mechanical means, so to say), not an image nor a representation of anything, and therefore they are no obstacle between ourselves and the world. Thus, we are able to know reality exactly as it is in itself and, under ordinary conditions, our perceptions are practically infallible and cannot produce false knowledge. (shrink)

This article is devoted to describing results of conceptualization of the idea of mind at the stage of maturity. Delineated the acquisition by the energy system (mind) of stable morphological characteristics, which associated with such a pivotal formation as the discourse. A qualitative structural and ontological sign of the system transition to this stage is the transformation of the verbal morphology of the mind into a discursive one. The analysis of the poststructuralist understanding of discourse in the context of the (...) dispersion of meanings (Foucault) made it possible to formulate a notion of it as a meaning that is constituted by the relation between the discursive practice and the worldview, regarded as a meta-discourse or a global discursive formation. In consequence of this relationship, a discrete and simultaneous scattering of meanings arises, the procedural side of which is a concrete discourse, and its productive aspect is linked with the creation of a local discursive formation. Based on this view it is proposed a logical formula of discourse, which takes into account the entropy of the language and the entropy of the worldview, as a particular manifestation of the mind entropy. Using this formula and considering the reactive nature of discourse, it was developed a classification, which included such types of discourses as reactive, suggestive, synthetic and creative. In turn, the proposed types of discourses are correlated with the specific characteristics of certain activities, as a psychological category. Also, it was considered the translation of the structure of discourse dissipation from the cognitive plan into the affective sphere because of which it is formed a hierarchy of significances, which performs the sense-forming function. It was analyzed the inverse influence of the hierarchy of significances on the structure of meanings dispersion and for respective account it was introduced a conditional coefficient of the value deviation of the significance of the meanings. This parameter reflects the sense correction of the meaning that occurs in the process of the emergence of discourse from discursive practice. Thus, the discourse is presented as a complex dynamic formation of the mind arising at the maturity stage of the system as a result of the combined effect of entropic dispersion of meanings and the value deviation of their significances. (shrink)

One of the most expected properties of a logical system is that it can be algebraizable, in the sense that an algebraic counterpart of the deductive machinery could be found. Since the inception of da Costa's paraconsistent calculi, an algebraic equivalent for such systems have been searched. It is known that these systems are non self-extensional (i.e., they do not satisfy the replacement property). More than this, they are not algebraizable in the sense of Blok-Pigozzi. The same negative (...) results hold for several systems of the hierarchy of paraconsistent logics known as Logics of Formal Inconsistency (LFIs). Because of this, these logics are uniquely characterized by semantics of non-deterministic kind. This paper offers a solution for two open problems in the domain of paraconsistency, in particular connected to algebraization of LFIs, by obtaining several LFIs weaker than C1, each of one is algebraizable in the standard Lindenbaum-Tarski's sense by a suitable variety of Boolean algebras extended with operators. This means that such LFIs satisfy the replacement property. The weakest LFI satisfying replacement presented here is called RmbC, which is obtained from the basic LFI called mbC. Some axiomatic extensions of RmbC are also studied, and in addition a neighborhood semantics is defined for such systems. It is shown that RmbC can be defined within the minimal bimodal non-normal logic E+E defined by the fusion of the non-normal modal logic E with itself. Finally, the framework is extended to first-order languages. RQmbC, the quantified extension of RmbC, is shown to be sound and complete w.r.t. BALFI semantics. (shrink)

The author puts forward and defends a new argument for indirect realism called the argument from pain. The argument is akin to a well-known traditional argument to the same end, the argument from hallucination. Like the latter, it contains one premise stating an analogy between veridical perceptions and certain other states and one premise stating that those states are states of acquaintance with sense-data. The crucial difference is that the states that are said to be analogous to veridical (...) perceptions are pain-states instead of hallucinations. This difference makes the argument from pain immune to the standard objections against the argument from hallucination. (shrink)

The notion of logical construction was used by Bertrand Russell in the early 20th century, which originally comes from A. N. Whitehead. Russell said that matter as a mind-independent thing can only be known by description. He also argued that matter is a logical construction of sense-data. However, this leads to an incoherent view of the direct or indirect connection between a mind and the external world. The problem examining is whether a collapsing house is a logical construction (...) of the sense-data of rumbling sounds and collapsing shapes. Using Russell's writings between 1911 and 1918, I will analyze how Russell characterized logical constructions. Finally, I will show Russell’s view about the relation of logical constructions to matter and sense-data. A careful interpretation of Russell's thoughts shows that the contents of the statements of the physical world are not constructions being equivalent to the contents of the sense-datum statements. (shrink)

Murdoch makes some ambitious claims about love’s epistemic significance which can initially seem puzzling in the light of its heterogeneous and messy everyday manifestations. I provide an interpretation of Murdochian love such that Murdoch’s claims about its epistemic significance can be understood. I argue that Murdoch conceives of love as a virtue, and as belonging at the pinnacle of the hierarchy of the virtues, and that this makes sense of the epistemic role Murdochian love fulfills. Moreover, I suggest (...) that there is good reason to think that Murdochian love is not as far from everyday conceptions of love as it can initially appear. (shrink)

Deductive inference is usually regarded as being “tautological” or “analytical”: the information conveyed by the conclusion is contained in the information conveyed by the premises. This idea, however, clashes with the undecidability of first-order logic and with the (likely) intractability of Boolean logic. In this article, we address the problem both from the semantic and the proof-theoretical point of view. We propose a hierarchy of propositional logics that are all tractable (i.e. decidable in polynomial time), although by means of (...) growing computational resources, and converge towards classical propositional logic. The underlying claim is that this hierarchy can be used to represent increasing levels of “depth” or “informativeness” of Boolean reasoning. Special attention is paid to the most basic logic in this hierarchy, the pure “intelim logic”, which satisfies all the requirements of a natural deduction system (allowing both introduction and elimination rules for each logical operator) while admitting of a feasible (quadratic) decision procedure. We argue that this logic is “analytic” in a particularly strict sense, in that it rules out any use of “virtual information”, which is chiefly responsible for the combinatorial explosion of standard classical systems. As a result, analyticity and tractability are reconciled and growing degrees of computational complexity are associated with the depth at which the use of virtual information is allowed. (shrink)

This article engages with the care ethics of Laudato Si’ through the lens of postcolonial ecofeminism. Laudato Si’ speaks of the family of creation where nature is both a nurturing mother and a vulnerable sister, reflecting patriarchal associations of women with nature, fragility, and the virtue of care. This indirectly undermines the need for men to engage in care/social reproduction work as well as the strengthening of women’s agency. While this kin-centric ecology acknowledges the interdependence of creatures, it maintains the (...) hierarchy of humans over nature and underlines this family’s headship by an all-powerful Father. Laudato Si’s family ecology and God language inadvertently reifies women–nature–care connection and reinforces the logic of male domination. This study recommends exploring gender inclusive images of the Trinity and the family of creation in mutual relations to foster care that promotes both the agency of women and nature. (shrink)

It is often claimed that the theory of function levels proposed by Frege in Grundgesetze der Arithmetik anticipates the hierarchy of types that underlies Church’s simple theory of types. This claim roughly states that Frege presupposes a type of functions in the sense of simple type theory in the expository language of Grundgesetze. However, this view makes it hard to accommodate function names of two arguments and view functions as incomplete entities. I propose and defend an alternative interpretation (...) of first-level function names in Grundgesetze into simple type-theoretic open terms rather than into closed terms of a function type. This interpretation offers a still unhistorical but more faithful type-theoretic approximation of Frege’s theory of levels and can be naturally extended to accommodate second-level functions. It is made possible by two key observations that Frege’s Roman markers behave essentially like open terms and that Frege lacks a clear criterion for distinguishing between Roman markers and function names. (shrink)

In this paper, I defend a new theory of the nature and individuation of perceptual capacities. I argue that we need a theory of perceptual capacities to explain modal facts about what sorts of perceptual phenomenal states one can be in. I defend my view by arguing for three adequacy constraints on a theory of perceptual capacities: perceptual capacities must be individuated at least partly in terms of their place in a hierarchy of capacities, where these capacities include the (...) senses themselves; an adequate account of perceptual capacities must be sensitive to empirical considerations; and an adequate account should accommodate the nature of the capacity to perceive. I arrive at these constraints by considering how Schellenberg’s view fails, before defending and developing my alternative in line with the constraints. I defend a view on which there are few, coarse-grained perceptual capacities which can fulfil complex explanatory roles because they are evaluatively gradable on many axes. Finally, on my view, perceptual capacities bear a particularly close relation to the sensory modalities themselves. (shrink)

I demonstrate here that St. Anselm’s account of free will fits neatly into an Aristotelian conceptual framework. Aristotle’s four causes are first aligned with Anselm’s four senses of ‘will’. The volitional hierarchy Anselm’s definition of free will entails is then detailed, culminating in its reconciliation with Eudemonism. The Beatific Vision, as summum bonum, is shown to be the apex of that series of perfections. I conclude by explicating Anselm’s teleological understanding of sin by reference to his semantic recapitulation of (...) Aristotle’s essence-accident distinction. (shrink)

In this article, we will present a number of technical results concerning Classical Logic, ST and related systems. Our main contribution consists in offering a novel identity criterion for logics in general and, therefore, for Classical Logic. In particular, we will firstly generalize the ST phenomenon, thereby obtaining a recursively defined hierarchy of strict-tolerant systems. Secondly, we will prove that the logics in this hierarchy are progressively more classical, although not entirely classical. We will claim that a logic (...) is to be identified with an infinite sequence of consequence relations holding between increasingly complex relata: formulae, inferences, metainferences, and so on. As a result, the present proposal allows not only to differentiate Classical Logic from ST, but also from other systems sharing with it their valid metainferences. Finally, we show how these results have interesting consequences for some topics in the philosophical logic literature, among them for the debate around Logical Pluralism. The reason being that the discussion concerning this topic is usually carried out employing a rivalry criterion for logics that will need to be modified in light of the present investigation, according to which two logics can be non-identical even if they share the same valid inferences. (shrink)

In a review of Frege's Puzzle1, Graeme Forbes makes the claim that Salmon's account of belief might be seen, under certain conditions, as a mere notational variant of a neo-Fregean theory; and thus that such an account might be reduced to a neo-Fregean one simply by rewriting it in terms of Fregean terminology. With a view to supporting his claim, Forbes offers an outline of an account of belief which, according to him, would satisfy the following conditions: (i) it could (...) be directly obtained from Salmon's own analysis by means of a certain set of substitutions, which presumably would not affect the essential features of Salmon's view; (ii) it could naturally be described as Fregean, in the sense that it would preserve, (at least) the spirit of Frege's doctrines, especially his fundamental intuitions about belief. Of course, the upshot of Forbes's argument is that Salmon's theory would not, at bottom, constitute a genuine alternative to a Fregean semantics for belief ascriptions. In this paper I argue to the effect that Forbes's claim is not in general sound. It seems to me that the sort of indirect argument used by Forbes - that of trying to undermine Salmon's theory by showing that it is just a version of a neo-Fregean account - does not provide someone working within a Fregean framework with an adequate strategy to counter Salmon's neo-Russellian views. It would perhaps be better to concentrate a Fregean attack on certain apparently dubious and highly controversial theses and results which are constitutive of Salmon's view, e.g. the counterintuitive character of a substantial set of consequences which follow from his theory of belief, as well as the associated revisionist stand he is forced to take towards our current patterns of speaking about belief. (shrink)

In his recent work, Michael Slote argues that empathy is what Hutcheson called 'the moral sense'. The most innovative argument he offers for this claim is that our empathic reactions play a crucial role in fixing the reference of moral terms. I argue that Slote's bold proposal faces all the main problems of analytical naturalism, as well as some of its own. I suggest that empathy may nevertheless play a more modest and indirect role in acquiring moral knowledge.

Given their physical realization, what causal work is left for functional properties to do? Humean solutions to the exclusion problem (e.g. overdetermination and difference-making) typically appeal to counterfactual and/or nomic relations between functional property-instances and behavioural effects, tacitly assuming that such relations suffice for causal work. Clarification of the notion of causal work, I argue, shows not only that such solutions don't work, but also reveals a novel solution to the exclusion problem based on the relations between dispositional properties at (...) different levels of mechanism, which involves three central claims: (i) the causal work of properties consists in grounding dispositions, (ii) functional properties are dispositions, and (iii) the dispositions of mechanisms are grounded in the dispositions of their components. Treating functional mental properties as dispositions of components in psychological mechanisms, I argue that such properties do the causal work of grounding agent-level dispositions. These dispositions, while ultimately grounded in the physical realizers of mental properties, are indirectly so grounded, through a hierarchy of grounding relations that extends upwards, of necessity, through the mental domain. (shrink)

Viktor Frankl’s Logotherapy is based on Max Scheler’s theory of values and anthropology. Frankl builds his psychological thinking based on critical concepts of Schelerian thinking such as (i) value and goods, (ii) will and feelings, (iii) the hierarchy of values, and (iv) the idea of person. It is with them that he develops his original theses of (i) the spiritual motivation of human action, (ii) the search for meaning and (iii) the spiritual unconscious. In doing so, he offered not (...) only a psychotherapy of values, but also a new theory of positive human motivation, not conceived as a result of deficiency or need, but as a result of the free spirit toward objective values. The human search for meaning in life can only be successful by living and realizing superior values, in the hierarchical sense proposed by Scheler. (shrink)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly (...) transforms this tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

According to the standard story given by reductive versions of the Causal Theory of Action, an action is an intrinsically mindless bodily movement that is appropriately caused by an intention. Those who embrace this story typically take this intention to have a coarse-grained content, specifying the action only down to the level of the agent's habits and skills. Markos Valaris argues that, because of this, the standard story cannot make sense of the deep reach of our non-observational knowledge of (...) action. He concludes that we therefore have to jettison its conception of actions as mindless bodily movements animated from the outside by intentions. Here we defend the standard story. We can make sense of the reach of non-observational knowledge of action once we reject the following two assumptions: (i) that an intended habitual or skilled action is a so-called basic action—that is, an action that doesn't involve any finer-grained intentions—and (ii) that an agent, in acting, is merely executing one intention rather than a whole hierarchy of more or less fine-grained intentions. We argue that (i) and (ii) are false. (shrink)

I demonstrate here that St. Anselm”s understanding of free will fits neatly into an Aristotelian conceptual framework. Aristotle”s four causes are first aligned with Anselm”s four senses of “will”. The volitional hierarchy Anselm”s definition of free will entails is then detailed, culminating in its reconciliation with Eudaimonism. The summum bonum turns out to be the apex of that series of actualizations or perfections. I conclude by explicating Anselm’s teleological understanding of sin by reference to his analog of Aristotle’s essence-accident (...) distinction. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 42.1 (2004) 113-115 [Access article in PDF] Wilhelm Dilthey. The Formation of the Historical World in the Human Sciences. Edited with an Introduction by Rudolf A. Makkreel and Frithjof Rodi. Princeton: Princeton University Press, 2002. Pp xiii + 399. Cloth $55.00. The first complete English translation of Wilhelm Dilthey's (1833-1911) most important mature work—a seminal work for hermeneutics, phenomenology, critical theory, and the (...) philosophy of history and the human sciences—is to be greatly welcomed. This excellent translation conveys the subtlety and richness of Dilthey's German. Its innovative translations of key terms will provide renewed stimulus to interpreting Dilthey's works.This edition includes Dilthey's investigation of the structures of consciousness in his three preliminary "Studies toward the Foundation of the Human Sciences," his exploration [End Page 113] of the import of the productive systems of historical life for knowledge in The Formation of the Historical World in the Human Sciences, and his final and perhaps best formulation of hermeneutics in "The Understanding of Other Persons and Their Manifestations of Life."Although Carnap and others utilized the word Aufbau in the sense of epistemic "construction," Makkreel and Rodi clarify how Dilthey used it in the sense of "formation." The formation of the historical world refers to its articulation in the human sciences which themselves theoretically reflect this historical world (GSW3: 1). They also argue that Dilthey's theory of the human sciences is not merely an epistemology (Erkenntnistheorie), but a theory of knowledge (Theorie des Wissens) that relates knowing to its context. Whereas epistemology seeks to establish the foundations of conceptual cognition (Erkenntnis), Dilthey places the epistemology of the human sciences within a larger context of the knowledge (Wissen) embodied in social practices and historical forms of life. Knowledge encompasses not only the conceptual cognition of reality, but also the values and purposes established about it.Dilthey accordingly situated the human sciences, which are determined by their respective object and how the object is given (SW3: 38), in relation to a pretheoretical life-nexus and its forms of elementary or ordinary understanding. These are tied up with the temporality, historicity, and structures of social life; with an epochal "objective spirit." Objective spirit indicates the ways in which the past has been objectified and continues to shape contemporary practices and it is analyzed in the human sciences as cultural systems and the external organization of society. A significant characteristic of the Formation is the development of the notion of "productive system or nexus." This new translation of Wirkungszusammenhang suggests a historical efficacy or productivity prior to any analysis of it as either causal or teleological (SW3: 4).The human sciences include the study of dynamic interconnected systems that articulate the intersection of meaning, value, purpose, and force. Dilthey interpreted these temporally, such that meaning primarily concerns how humans are determined by their past, value is based on their present feeling of life, and purpose is projective striving into the future in the face of productive forces (Kräfte) which cannot always be predicted or controlled.For Dilthey, understanding (verstehen) is intrinsically interpretive. Humans can cognize themselves and others only indirectly (SW3: 108), since we are conscious and reflective beings who are bound to the facticity of our bodies and world. Given that we know ourselves and others primarily through actions, life-expressions, and their effects—rather than through introspection or intuition—and that everyday understanding can face breakdowns and what seems distant or strange, elementary understanding leads to higher forms of understanding and interpretation; i.e., hermeneutics. Dilthey's project of a critique of historical reason proceeds from the context of life in all of its complexity and concreteness to the conceptual cognition of the sciences and, finally, to reflective awareness (Besinnung). This reflection is made possible by the prereflective reflexivity (Innesein or Innewerden) of the human subject and, with its double meaning of "sense" (Sinn) as meaning and bodily awareness, constitutes the basic movement of Dilthey's thought.Understanding provides more than scientific access to... (shrink)

The Notion of ‘civilisation’ in European and post-Enlightenment writings has recently been reassessed. Critics have especially reread the works of Immanuel Kant by highlighting his racial categories. However, this Paper argues that something is missing in this contemporary literature: namely, the role of the European legal culture in the development of a racial and ethnic hierarchy of societies. The clue to this missing element rests in how ‘civilisation’ has been understood. This Paper examines how one of the leading jurists (...) of the 19th and 20th centuries, George W. Hegel (1770-1831), took for granted a sense of a legal culture that excluded indigenous inhabitants of the Americas as legal persons worthy of legal protection. -/- Such an exclusionary legal culture represented a crucial feature of ‘civilisation’ according to Hegel. This Paper identifies a series of factors which Hegel highlighted as instrumental in constituting a civilised society: Bildung, an ethos, a written legal culture, a self-creative author (the state), territorial knowledge, and a hierarchy of societies. Hegel emphasized the need of jurists to analytically “leap” from a traditional society to a legal culture before the jurist could identify a law. The traditional societies of the Americas, according to Hegel, were considered lawless because they lacked a European sense of a legal culture. Why Hegel characterised traditional communities as lacking a legal culture is then explained. The Paper ends by suggesting that the features of a legal culture that Hegel highlights remain with us today. (shrink)

I demonstrate here that St. Anselm’s account of free will fits neatly into an Aristotelian conceptual framework. Aristotle’s four causes are first aligned with Anselm’s four senses of ‘will’. The volitional hierarchy Anselm’s definition of free will entails is then detailed, culminating in its reconciliation with Eudemonism. The Beatific Vision, as summum bonum, is shown to be the apex of that series of perfections. I conclude by explicating Anselm’s teleological understanding of sin by reference to his semantic recapitulation of (...) Aristotle’s essence-accident distinction. (shrink)

In the present article we attempt to show that Aristotle's syllogistic is an underlying logiC which includes a natural deductive system and that it isn't an axiomatic theory as had previously been thought. We construct a mathematical model which reflects certain structural aspects of Aristotle's logic. We examine the relation of the model to the system of logic envisaged in scattered parts of Prior and Posterior Analytics. Our interpretation restores Aristotle's reputation as a logician of consummate imagination and skill. Several (...) attributions of shortcomings and logical errors to Aristotle are shown to be without merit. Aristotle's logic is found to be self-sufficient in several senses: his theory of deduction is logically sound in every detail. (His indirect deductions have been criticized, but incorrectly on our account.) Aristotle's logic presupposes no other logical concepts, not even those of propositional logic. The Aristotelian system is seen to be complete in the sense that every valid argument expressible in his system admits of a deduction within his deductive system: every semantically valid argument is deducible. (shrink)

In this paper I argue that Nietzsche’s rejection of egalitarianism depends on equivocation between distinct conceptions of power and equality. When these distinct views are disentangled, Nietzsche’s arguments succeed only against a narrow sense of equality as qualitative similarity (die Gleichheit as die Ähnlichkeit), and not against quantitative forms that promote equality not as similarity but as multiple, proportional resistances (die Gleichheit as die Veilheit and der Widerstand). I begin by distinguishing the two conceptions of power at play in (...) Nietzsche’s arguments, power as quantitative superiority of ability and as qualitative feeling of power (das Gefühl der Macht), an affective state that does not directly correlate with quantitative ability and, because based in resistance (der Widerstand), requires relative equality as its condition. Nietzsche presents four principal arguments against egalitarianism, each concluding that equality harms the flourishing of humanity’s highest individuals. First, equality directly promotes qualitative similarity (die Ähnlichkeit) at the expense of multiplicity (die Vielheit). Second, because material inequalities ground the ‘pathos of distance’ (the recognition of spiritual inequality), equality indirectly undermines the desire for self-development. Third, because it opposes aristocratic conditions, egalitarianism promotes a form of liberalism that removes conditions of constraint necessary to human development. Finally, equality is a less efficient means to human enhancement, which is best promoted through unequal distribution of resources to the most able individuals. I argue that in each case Nietzsche’s argument succeeds only if interpreted according to the quantitative conception of power as superiority, but fails when we also consider the qualitative conception of power as feeling. For the promotion of an individual’s qualitative power is compatible with quantitative power equality. Moreover, because power is felt only in resistance, the feeling of power requires relative equality as its precondition—an alternate sense of equality construed, not as qualitative similarity, but as quantitative resistance from proportional counter-powers. I conclude that Nietzsche’s commitment to the promotion of humanity’s highest individuals does not entail the rejection of moral egalitarianism in every form and even supports certain forms. (shrink)

The Education of Cyrus is Xenophon’s magnum opus in political philosophy. If Memorabilia is in the center of his Socratic writings, then The Education of Cyrus is the main work in his portrayal of Cyrus. The Education of Cyrus, as Plato’s Republic, is an educational work in the Socratic sense of the word and hence an original text in the tradition of the Socratic political philosophy. The biographical form of this writing originates from the educational intention of his writer (...) who, by concentrating on the Cyrus’s deeds, encourages the reader to take notice of this question: “what is the best way of life for human beings?” If we confirm that Memorabilia has a biographical form, then we would be able to compare it to The Education of Cyrus. The author attempts to show that Xenophon’s The Education of Cyrus contains a comparison between the Socratic way of life and the Cyrus’ way of life. In spite of showing his admiration for Cyrus nearly in the entire of that work, Xenophon ultimately defends the superiority of the Socratic (or philosophical) way of life as compared to Cyrus the Great’s (or political) way of life. This is the deepest educational layer in Xenophon’s political philosophy hidden behind the disguise of political education in his work on Cyrus. In order to better understand, we should take a distinct stance on the text itself as a totality whose every part serves the whole. By whole, we mean the intention of the writer; and this is the well known approach innovated and applied by Leo Strauss who is the most eminent commentator of Xenophon’s work. Nevertheless, we should avoid the modern dogmatism in Xenophon’s scholarship which tends to depict him as a marginal or second-rate writer. As mentioned by Strauss, Xenophon “had the courage to clothe himself as an idiot and go through millennia that way— he’s the greatest con man I know.” According to Strauss, and his commentaries in Xenophon scholarship in recent decades, there is no reliable way to understand Xenophon’s intention in the Education of Cyrus, unless we use Strauss’s method of interpretation of Xenophon as a first-rank political philosopher. The Education of Cyrus might be read as a logographic text given that every part of the work “must be necessary for the whole; the place where each part occurs is the place where it is necessary that it should occur.” Using this method, the author has tried to show that—in spite of its pessimistic tone toward the political way of life—the concluding part of The Education of Cyrus is consistent with the great admiration of Cyrus as expressed by Xenophon in the most other parts of this work. We examine whether Xenophon’s intention in The Education of Cyrus is to expose the education which Cyrus received or the one he did not. Thus, he emphasizes the contradiction in The Education of Cyrus as a whole, and simultaneously in the other Xenophon’s writing, especially his Memorabilia. To understand the two main Xenophontic scholarly work, and their positions in the hierarchy of Xenophon’s philosophical thought, it is necessary to compare the similarities, differences and particularly as they relate to the limitations in the Socratic and Cyrus’ ways of life, and to analyze how each has affected the other. The aim here was to show the true intention of Xenophon as one of the most authoritative Socratic political philosophers. In doing so, we understand Xenophon’s preferences for philosophical or political ways of life. (shrink)

The question of what ontological insights can be gained from the knowledge of physics (keyword: ontic structural realism) cannot obviously be separated from the view of physics as a science from an epistemological perspective. This is also visible in the debate about 'scientific realism'. This debate makes it evident, in the form of the importance of perception as a criterion for the assertion of existence in relation to the 'theoretical entities' of physics, that epistemology itself is 'ontologically laden'. This is (...) in the form of the assumption that things (or entities) in themselves exist as such and such determined ones (independent of cognition, autonomously). This ontological assumption is not only the basis of our naïve understanding of cognition, but also its indispensable premise, insofar as this understanding is a fundamentally passive, 'receptive' one. Accordingly, just as 'perception' is the foundation, ('objective') description is the aim of cognition, that which cognition is about. In this sense, our idea of cognition and our idea of the things are inseparably linked. Without the ontological premise mentioned we just would not know what cognition is, but it is basically just a kind of image that we have in our minds (an assumption that helps us understand 'cognition'). Epistemology not only shares this basic assumption (which it also shares with metaphysics), but it revolves (unlike metaphysics) entirely around it by making the idea and demand of 'certainty' a condition of 'real' knowledge. As 'certainty' is a subjective criterion this entails the 'remodelling' of the real, holistic cognitive situation (to which metaphysics adheres) into a linear subject-object-relation (which results in the strict 'transcendence' of the objects). And it also establishes, due to its 'expertise' in matters of cognition, the 'primacy of epistemology' over all other sciences. Now, on closer inspection, however, the expertise of epistemology seems not all that dependable, because it basically consists only of paradigms which, from the point of view of the holism of the real cognitive situation itself, are nothing more than relatively simplistic interpretations of this situation. However, we do not yet know what another conception of cognition might look like (which is not surprising given the high rank of the phenomenon of cognition in the hierarchy of phenomena according to their complexity). 'Certainty' as a criterion of cognition is thus excluded from the outset, and thus the linear relational model of cognition appears as what it is, a gross distortion of the real, holistic cognitive situation. The significance of this argumentation with regard to physics is that the linear epistemological model of cognition itself is a major obstacle to an adequate epistemological understanding of physics. This is because it is fixed 'a priori' to an object-related concept of cognition, and to 'description' as the only mode of ('real') cognition. But physics (without questioning our naïve notion of cognition on the level of epistemology) simply works past it and its basic assumptions. Its cognitive concept (alias heuristic) is fundamentally different from that of metaphysics. The acceptance of the real, holistic cognitive situation is, in my opinion, the condition for an adequate understanding of physics' heuristic access to objects, its transcendental, generalizing cognitive concept, as well as its ontological relevance and dimension of its own. (shrink)

In previous articles, it has been shown that the deductive system developed by Aristotle in his "second logic" is a natural deduction system and not an axiomatic system as previously had been thought. It was also stated that Aristotle's logic is self-sufficient in two senses: First, that it presupposed no other logical concepts, not even those of propositional logic; second, that it is (strongly) complete in the sense that every valid argument expressible in the language of the system is (...) deducible by means of a formal deduction in the system. Review of the system makes the first point obvious. The purpose of the present article is to prove the second. Strong completeness is demonstrated for the Aristotelian system. (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)

We introduce and study hierarchies of extensions of the propositional modal and temporal languages with pairs of new syntactic devices: point of reference-reference pointer which enable semantic references to be made within a formula. We propose three different but equivalent semantics for the extended languages, discuss and compare their expressiveness. The languages with reference pointers are shown to have great expressive power (especially when their frugal syntax is taken into account), perspicuous semantics, and simple deductive systems. For instance, Kamp's and (...) Stavi's temporal operators, as well as nominals (names, clock variables), are definable in them. Universal validity in these languages is proved undecidable. The basic modal and temporal logics with reference pointers are uniformly axiomatized and a strong completeness theorem is proved for them and extended to some classes of their extensions. (shrink)

Resumo: O projeto semântico de Davidson toma a forma de reducionismo que visa explicar as noções intencionais com base em noções puramente extensionais. O objetivo desse trabalho consiste na investigação do fracasso do projeto de Davidson como um argumento indireto contra sua suposição segundo a qual a chamada interpretação radical seria o fundamento do significado linguístico e do pensamento. Abstract: Davidson's semantic program is a form of semantic reductionism that aims to account for intensional notions on a purely extensional basis. (...) My aim in this paper is not to show that Davidsons fails in addressing the so-called extensionality problem. That is no novelty. Even Davidsonians recognize Davidson's failure. My main goal is to explore Davidson's failure as an indirect argument against his key assumption that the radical interpretation is the basis of sense and hence the possibility of thought. There is no priority of language over thought. This is a remnant of the so-called linguistic turn that Davidson inherited from the analytical tradition. The moral is the following: we must come back to Lockean common sense that to learn a natural language and to translate an alien tongue into our own is merely to learn a vehicle for communicating and expressing thoughts we have already had. (shrink)

This work presents a post-positivist research framework to explain any surprising fact in the evolutionary path of a complex, dynamic and contingent social phenomenon. Primarily, it reconciles the ontological and epistemological assumptions of Critical Realism with the principles of American Pragmatism. Then, the research approach is presented: theoretical propositions about a social structure are translated into a set of grammar rules that acknowledges a pattern of sequences of events of either individual action or social interaction between actors within a real (...) social system. The result is a discrete mathematical model for a concrete category of social process based on these rules. Finally, data-grounded refinement of the theory is possible by the comparison between cases belonging to the same category, but differing about some contingent pattern of sequences of event outcomes. Consequently, their grammars differ in some pairs of context-sensitive rules that can explain this surprising fact, such that the derivation of this alternative historical trajectory of event outcomes becomes an extension to the early category of social process. In this sense, the proposed framework suggests there is a hierarchy of classes of grammars for middle-range explanations based upon the ontological assumption of the generative nature of social reality. (shrink)

Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...) international law (e.g., crystallizing norms of customary law) can be binding in much the same way as better-established doctrine. This point becomes perspicuous, I argue, once we get a clear sense of the plausible options for grounding the moral authority of international law generally. -/- This result is interesting in its own right, but it also reveals two other features of the character of state responsibility under international law. First, the distinction between legislation and compliance is less pronounced compared to domestic law. Consequently, the virtues of good governance will frequently be pertinent to determining the content of states’ obligations under international law. Second, normally more powerful and influential agents will be more strongly bound by international law than other subjects. This is an attractive result, addressing a concern that motivates many international lawyers to view international law as absolutely binding. An absolutist view international legal authority is unnecessary for showing that the most powerful and dangerous states are strongly bound by the terms of much existing law. (shrink)

Is it not surprising that we look with so much pleasure and emotion at works of art that were made thousands of years ago? Works depicting people we do not know, people whose backgrounds are usually a mystery to us, who lived in a very different society and time and who, moreover, have been ‘frozen’ by the artist in a very deliberate pose. It was the Classical Greek philosopher Aristotle who observed in his Poetics that people could apparently be moved (...) even by the imitation of a person or an act. And although we are usually well aware that it is a simulacrum, not a real situation, it nevertheless sometimes seems as if we ourselves are standing there on the stage or in the painting, so intense and emotional is our response, even though we are just spectators. Aristotle concludes from this that we have intellectual capacities which allow us put ourselves in another’s place and consequently to react to simulated situations as though they are actually happening to us, here and now. In this process, he contends, observation, memory, imagination and emotions are crucial elements. In the past it was not customary to invoke human mental faculties to explain our response to works of art. The Ancient Greeks, after all, knew little about the human body or brain and usually referred to the extended world of the gods in their endeavours to comprehend the ‘inner world’ of human beings. In our time the situation is completely different—such an allusion to the brain no longer surprises us. Whether it is about the mystery of the consciousness, the question of free will or accounts of bizarre psychological aberrations or disorders, we have become accustomed to references to parts of the brain, to images of brain scans, to reports about neural networks and the like. However, because there are so many factors that play a part in our appreciation of works of art we need a complex explanation for it, and it is not enough to look only at certain properties of the brain that are determined by evolution. Those properties are shared by every human being, and so are rather useless in explaining people’s different reactions to the same work of art. Evidently the brains of individuals differ so much that they make it possible for people to respond differently to one and the same artwork. This, of course, raises questions concerning the painted emotions that can be seen in this exhibition. Virtually everyone, after all, is fascinated by such paintings and usually recognizes the emotions they represent. The reactions to these painted emotions are also often similar. This is probably why artworks like this are generally highly valued, then and now, here and elsewhere: from the enigmatically smiling Egyptian Queen Nefertiti and the startled Rembrandt to a seemingly despairing African mask. Aristotle observed that in the theatre players imitate actions that are associated with emotions in a number of ways and that these emotions are shared in a particular fashion by the playwright, the actors and the audience. The audience may even be carried away by these emotions to such an extent that they are in a sense purged of them and can subsequently leave the theatre relieved. Are such emotional reactions perhaps related to the fact that emotions are universal and that brains respond similarly to them? Is this why we can so readily identify painted emotions? May we therefore also assume that the properties of the brain determined by evolution help us to explain these emotions? In answering these questions we shall discuss a number of insights into emotions in psychology and brain science and explore some theories about the possible function of emotions and their expression. (shrink)

This paper aims at an analytical explanation of the distinctive nature of music, as it has been formulated in perhaps one of the world's very first works on the subject, namely the ‘Sangeet Ratnakar’ of Pandit Sarangadeva, a 13th century musicologist of India. He, in the first chapter of the work defines music ('sangeet' in Sanskrit and Hindi) as a composite of singing or 'Gita', instrumental music or 'vadan' and dancing or ‘nrittam’. In addition, he also holds singing to be (...) the most important component of music. These two ideas are not only unquestionably acceptable , as the analysis in the paper will show, but give to Indian music , in its difference from western music, its distinctively spiritual character, making it a path to liberation or Moksha (Muktidayakam na tu ranjakam). Sarangadeva's reason, here, is not rational but empirico-inductive. It is that mainly by virtue of its 'gitam’ (singing component), which, like the Yoga system of exercise, needing only one's body as its instrument, music too needing only one’s voice is as self-sufficient and autonomous as the ultimate Reality itself (Swayamev Rajate). In the hierarchy (a distinctively ancient Indian insistence) of arts, singing is the highest and unique because in spite of being heard by the auditory sense, it affects our 'reflective sensibility' and transports us to the virtual world of melodic and rhythmic forms. Forms, as against their particular illustrations, are abstract universals. Ultimate Reality is also a Form-all comprehensive and internally harmonious. However, pure Form, whether melodic or religious or even rational like that of triangularity, is almost impossible to concentrate on. Realizing this practical difficulty, Indian scriptures and the world's first Grammarian-linguist, Acharya Panini, framed a composite sound as the manifestation of the ultimate musical Form. This purely formal-because devoid of all meaning, sound is that of 'om', spelt, in Sanskrit as a conjunction (sandhi) of 'a'+'u'+'m'. For Indian musicologists and musicians, ‘om’ is the perfect manifestation of the Sound-God or ‘Nada-Brahman’ because, 1. Its composite nature resembles God, as a harmony of 'sat', 'chit', and 'ananda'; and 2. The composite sound is self-existent as its all three components-two vowels, i.e. ‘a’, ‘u’, and one consonant i.e. ‘m’, can be and are pronounced just as they originally are, -un-elongated and un-vitiated and therefore pure. This is the reason why every recital of Indian classical vocal music is begun with an elaborate rendering of 'om' as an invocation to Sound-God or ‘Nada-Brahman’. Scholarly and authentic, this ancient Indian approach to music, is undoubtedly the earliest and original. My observation is that its main contentions like Sharang Dev’s insistence that of the three components of music, ‘gitam’ or singing is the highest, have only been translated and never argued for. In this presentation my good intention is to provide much needed rational support for making these key statements in this unparalleled Indian text, indubitable and unquestionable. (shrink)

Arguments concerning the nature of natural evil vary in their conclusions depending on the particular approach with which they commence inquiry; one of the most contested conclusions regards evil as privation, sourcing its justification primarily from Aquinas’ metaphysical conception of good as being and evil as non-being. It should be of no surprise, then, that the dismissal of natural evil’s privative nature comes about when the understanding of natural evil favours a phenomenological approach rather than a metaphysical one. Proponents of (...) said dismissal generally centre their claims around the notion of pain and suffering as substantially contentful – as in, non-privative – experiences of evil. On the other hand, theorists espousing the privation account generally argue that characterisations of pain and suffering as necessarily evil do not consider the context of orientation towards individual wellbeing within which pain/suffering experiences naturally function. Furthermore, some of the arguments for the privation account’s dismissal seem to disregard completely the Thomistic sense of the form and hierarchy of the good, which ends up straw-manning the privation account to a point where it can no longer reconcile the awfulness of experienced pain and suffering with these experiences not being necessarily evil. The importance of understanding this Thomistic sense is further emphasised in its capacity to explain why a divine and fully good Creator would involve the world with such evil. Thus, this paper first considers the account of evil given in question one of Aquinas’ De malo, along with contemporary arguments for the nature and purpose of evil as privation; second, these are then used as resources to help make sense of, one, the general nature of pain and suffering, and two, some of their specific expressions as found in disease and depression, and throughout evolutionary history. (shrink)

The paper places the work of G. Gaus into the tradition of political thought experimenting. In particular, his strategy of modeling moral decision by the heuristic device of idealized Members of the Public is presented as an iterated thought experiment, which stands in marked contrast with more traditional devices like the veil of ignorance. The consequences are drawn, and issues of utopianism and realism briefly discussed.

The scientific community takes for granted a view of science that may be called standard empiricism. This holds that the basic intellectual aim of science is truth, nothing being presupposed about the truth, the basic method being to assess theories with respect to evidence. A basic tenet of the view is that science must not accept any thesis about the world as a part of scientific knowledge independent of evidence, let alone in violation of evidence. But physics only accepts unified (...) theories, and persistently rejects infinitely many ad hoc rivals that fit the phenomena even better. In persistently rejecting these infinitely many empirically more successful rival theories, physics thereby makes a substantial assumption about the universe – it is such that all ad hoc theories are false – an assumption that is accepted implicitly independently of evidence, even in a sense against the evidence. That contradicts standard empiricism. The scientific community needs to adopt a new conception of science that represents the assumption of physics as a hierarchy of assumptions, thus facilitating the improvement of the assumption that is made, as science proceeds. (shrink)

his study explores Pynchon’s mammoth novel, Against the Day, in terms of the minor practice of language as proposed by Deleuze and Guattari in their book Kafka: Toward a Minor Literature, which opens up new possibilities for literary criticism. With his idiosyncratic, intensive, and inventive practice of language, Pynchon shatters the already existing notions of appropriate and homogenizing forms of major language. The novel demystifies the language’s institutionalized system of signification and defies identifiable decipherable meaning in many ways, such as (...) covert and overt deterritorialization of language, escape from “territorial” and “representational” language, defiance of signification, neutralization of sense, asyntactical language, phantasmagorical and absurd tales, quizzical jokes, silly songs, and asubjective free indirect narration. Against the Day’s practice of language prefers the territory of asubjective insignification to subjective, symbolic, and signifying usage of language so as to dismantle the territory of representation; thus, it pushes the major language towards or even out of its limits. (shrink)