Mauricio Beuchot proposed in his Treatise of Analogical hermeneutics (1997) a new interpretative model based on the ancient concept of "analogy". As his proposal is a new hermeneutical model, I describe here some of its main arguments with the aim of analyzing and discussing Beuchot's analogical method of interpretation. / Mauricio Beuchot propuso en su obra Tratado de hermenéutica analógica (1997) una nueva herramienta interpretativa basada en el antiguo concepto de 'analogía'. Su propuesta refresca los debates en (...) torno a la hermenéutica y ofrece un modelo nuevo para la interpretación, mismo que ha generado interés internacional. Aquí presento dicha propuesta, sobre todo porque la considero lo suficientemente interesante como para estudiarla y debatirla. (shrink)

At a moment when a new crisis threatens Europe—a crisis containing, among other ingredients, COVID-19, a faltering economy, immigration and Brexit—the European Union (EU)’s motto ‘Europe united in diversity’ would appear progressively less attainable. This paper submits that the European ideal is still both desirable and possible through the fostering of political unity at the constitutional (regime) level by using the notions of analogical state and analogical culture, and at the community level by the enablement of public sphere (...) secularity and relational interculturalism. These concepts share the intuition that the EU should be envisaged in a more flexible manner, and carry several policy implications for the future of European integration. (shrink)

Cajetan's treatment of analogy in De Nominum Analogia is well known as the most influential and sophisticated theory of a central issue in Thomistic philosophy. The late twentieth century saw that theory subject to a family of criticisms. If the critics are correct, Cajetan's analogy theory is also significant historically for exposing weaknesses latent in medieval semantic assumptions. According to the critics, the Aristotelian assumptions that words signify by means of discrete “concepts,” and that the meaning of propositions depends on (...) the significations of its component terms, cannot do justice to the complexity, variety, and flexibility of actual human discourse; in De Nominum Analogia they see the elegant structure of classical semantics collapsing under the pressure of analogical language. In this article, I examine these criticisms of Cajetan's analogy theory, and argue that, in light of both Cajetan's semantic principles and his hermeneutic practice, they fall short. The conclusion not only implies a defense of Cajetan's project, but clarifies the general philosophical alternatives available within the traditional Aristotelian semantic framework. (shrink)

Hermeneutical injustice is being unjustly prevented from making sense of one’s experiences, identity, or circumstances and/or communicating about them. The literature focusses almost exclusively on whether people have access to adequate conceptual resources. In this paper, we discuss a different kind of hermeneutical struggle caused by stigma. We argue that in some cases of hermeneutic injustice people have access to hermeneutical resources apt to understand their identity but reject employing these due to the stigma attached to the identity. We begin (...) with a reinterpretation of one of the cases discussed in the literature, Edmund White’s novel A Boy’s Own Story. We argue that in this case hermeneutic resources are available but are rejected due to the stigma attached to homosexuality. We then present two analogous kinds of cases: alcohol addiction and being the victim of intimate partner violence. Here, too, hermeneutic injustice occurs because of stigma attached to an identity rather than unavailability of resources. We close by suggesting that these cases may, additionally, involve the wrong of Tightlacing: by meddling with their self-conception, stigma can manipulate individuals into a view of themselves that licenses inappropriate demands on them and makes them complicit in an erasure of their identities. (shrink)

This paper contributes to the on-going research into the ways in which the humanities transformed the natural sciences in the late Eighteenth and early Nineteenth Centuries. By investigating the relationship between hermeneutics -- as developed by Herder -- and natural history, it shows how the methods used for the study of literary and artistic works played a crucial role in the emergence of key natural-scientific fields, including geography and ecology.

The economic crisis in Europe exposes the European Union’s political fragility. How a polity made of very different states can live up to the motto “Europe united in diversity” is difficult to envisage in practice. In this paper I attempt an “exegesis”—a critical explanation or interpretation of a series of published pieces (“the Series”) which explores, first, if European unity is desirable at all. Second, it presents a new methodology—analogical hermeneutics—used throughout the Series to approach the problem of (...) unity. Third, it conceptualises the source of unity as political identity. Fourth, it advances that the vehicle to share such identity is an analogical language: the political culture of human rights. Fifth, it submits the conditions under which such political culture could ground political identity through an open public sphere. Finally, it presents a way in which solidarity can grow as the increasingly diverse citizens of the European Union interact with each other. Even though the economic crisis can be solved by means of sound economic strategy (which is not the main object of my work), any successful economic strategy requires—as a precondition—a certain degree of political unity (the central concern of my research). (shrink)

This study which utilized the critical analysis, analyzed Wittgenstein’s concept of language-game and its implications in philosophical discipline and contemporary society. To delineate the origin of the problem of language in terms of epistemological dimension, the researcher analyzed the related concepts on classical philosophy. To determine the origin of the concept of language-game, the researcher used the historical method. To constructively criticize the end-goal of language-game, the hermeneutical approach of Hans Georg Gadamer was employed. From the findings and with the (...) aid of the above-mentioned methods, the researcher had come up with these conclusions. Language is inalienable in the sociological nature of man. Man is always related or connected to the other. In this sense, man shares his very subjectivity with the other. Unless he realizes this, he cannot actualize the essential part of his nature. In every aspect of man’s life, it is imperative for him to negotiate, communicate, and collaborate with the members of his household and society. Wittgenstein is the one of the philosophers who gave deeper commitment and emphasis on the concerns of language in man’s life. Mastering our use of language is not just for the sake of conventional understanding, but, more importantly, we use it in its proper context in order to express our thoughts clearly and in the process to understand ourselves. It is because, as we speak or write using language as medium of communication, we are projecting ourselves to the other. If we come up with the c common understanding, then we will be able to create a harmonious society. This study provided the readers with a better understanding of the importance of proper use of words or terminologies in their proper context. It is because this research delved on the conceptual and analytical mechanisms of using language in order to give a systematic pattern of corrective thinking and application for word’s use. Aside from affirming the importance of language in connection with our contemporary activities, this research looked into a deeper realization on the workings of language. This realization originated from Wittgensteinian context of understanding. As affirmation for Wittgenstein, it is appropriate to say that to understand a word in its proper context is to understand the sentence. To understand a sentence is to understand a language. To understand a language means to be master of technique. This signifies that understanding is to know how to do something; in the case of language, understanding language means knowing how to use it. The researcher realized that understanding the meaning of a word is not something private to the mental life of an individual, but something which exist out in the open, in the public domain. This means that understanding the meaning is objectively understandable by people. However, the researcher did not agree with Wittgenstein’s view that philosophy should stop once we clear the way of understanding how our language works. Instead, the researcher adheres to the fact that philosophy as enterprise is an undying process in search for truth. For the researcher, we do not stop philosophizing because our imaginations continue to desire progress in terms of creativity. Thus, he affirmed Gadamer in claiming that we should not hinder our philosophical endeavors by breaking it. Even if we can clear the confusions and misunderstanding of language, still our active minds cling to what is new in the field of learning things. This research led to the formulation of other theories which can be useful tool in understanding the complexities with regards to ourselves and our society as a whole. Henceforth, all the laborious efforts of this research and the regimented time invested in the writing of this work are meaningfully compensated. (shrink)

El artículo expone el papel del otro y de lo otro en la hermenéutica de Gadamer a la luz de la idea de diálogo. Para comprender se requiere reconocer lo otro en su carácter de tú, asumir que no se tiene distancia frente a él y estar abierto a acoger lo dicho por él como una posible verdad. La compresión posee una estructura dialéctica que implica la cancelación de las propias expectativas y el acceso a un saber más abarcante. Aunque (...) la comprensión es histórica, en ella se muestra cada vez un aspecto de la cosa misma, que resulta de la interacción del yo y el tú en el curso de la conversación hermenéutica y que constituye una verdad común con caracteres análogos a los del saber de tipo práctico. [The paper exposes the role of the other in Gadamer’s hermeneutics in the light of the idea of dialogue. Understanding requires the recognition of the other as a thou, the acceptance of the lack of distance from him and the openness to embrace what is said by him as a possible truth. Understanding has a dialectical structure which implies the cancellation of one’s own expectations and the access to a more comprehensive knowledge. Even though every understanding is historical, it discloses an aspect of the thing itself, which results from the interaction of the I and the thou during the process of hermeneutical conversation and constitutes a common truth with analogous characteristics to practical reason.] . (shrink)

The euro crisis has hit “Europe” (the European Union, or EU) at its root. Economic harshness, social unrest and political turmoil betray a deeper problem: a weak pan-European sense of belonging — a common political identity thanks to which European citizens may regard each other as equals, and therefore as deserving of recognition, trust, and solidarity. This paper explores interculturalism from an analogical perspective, looking at the harmonious interplay between human rights and cultural plurality, as a possible source of (...) trust and solidarity among European citizens. Only a common — even if analogical — political identity, whereby European citizens regard each other, if not as “siblings” at least as “cousins,” can make the sacrifices required to overcome the crisis meaningful — and therefore less unlikely to happen. (shrink)

En "Elementos esenciales de una hermenéutica analógica", Mauricio Beuchot trata de ubicar su hermenéutica analógica como una posición intermedia entre lo que él llama el univocismo y la hermenéutica alegórica. En este comentario busco mostrar, tomando como punto de partida que los objetivos teóricos de la hermenéutica no se encuentran muy distantes de los de las teorías analíticas de la interpretación, que el debate sobre el papel de los elementos extralingüísticos en la interpretación es mucho más complejo de lo que (...) el trilema de Beuchot sugiere. In "Essential Elements for an Analogical Hermeneutics", Mauricio Beuchot seeks to place his analogical hermeneutics in a position between what he calls univocism and allegorical hermeneutics. In this commentary I intend to show, taking into account that the theoretical goals of hermeneutics are not so different from those of analytical theories of interpretation, that the debate over the role played by extralinguistic elements in interpretation is much more complex than what Beuchot's trilemma suggests. (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)

This article values the importance of symbolic language through an Analog Hermeneutics and Communication Community. This philosophical itinerary starts in a collective subject called “Us” (“nosotros”) from the Latin American philosophical reflection. The symbol, such as meaningful space for semantics, shows up in a symbolic language that includes a variety of rationalities. This inclusion through symbolic language allows strengthening the “a priori” of a Communication Community that supports and ethical and historical “us”. For this purpose, an Analog Hermeneutics (...) is presented as a valid method for philosophical thinking around the symbolic language. The analogy allows considering the ambiguous and unambiguous of languages and the hermeneutics through the symbol allows us to speak and think beyond what is stated. The Analog Hermeneutics invites to recover the different meanings and to interpret the senses through the symbol in different cultures. The symbol is a new inspiration for traditional Philosophy because it recovers wisdoms, customs, images and traditions. (shrink)

One way of viewing the organizing structure of the Confessions is to see it as an engagement with various texts at different phases of St. Augustine’s life. In the early books of the Confessions, Augustine describes the disordered state that made him unable to read any text (sacred or profane) properly. Yet following his conversion his entire orientation— not only to texts but also to reality as a whole—changes. This essay attempts to trace the winding paths that lead up to (...) Augustine’s conversion through his various encounters with texts (and individuals) and to examine his struggles both intellectual and spiritual along the way. In the final section, I bring Augustine into conversation with Hans-Georg Gadamer in order to highlight a number of hermeneutical continuities shared by premoderns and postmoderns. After comparing premodern and modern hermeneutical orientations, I conclude that Augustine’s approach to Scripture contrasts sharply with a (strict) modern grammatico-historical biblical methodology, whereas premodern hermeneutics share a number of continuities with Gadamerian and postmodern emphases. Lastly, in light of Gadamer’s famous statement, ‘all of life is hermeneutics’, I suggest that perhaps we could read Augustine’s life as affirming this claim. By taking a close look at Augustine’s story, I will attempt to show how pre-judgments, interpretative traditions and a dynamic/analogical rather than a static/univocal understanding of text (and reality) decisively affected his spiritual and intellectual vision—observations Gadamer would no doubt heartily affirm. (shrink)

Today research on prosocial behaviour is very much shaped by the success of social neuroscience. However, some philosopher's criticise neuroscience as reductionist. The purpose of this paper is to analyse this critique. With a philosophical background in Charles Taylor's hermeneutic thesis "man as a self-interpreting animal", the paper shows that neuroscientists' attempt to describe prosocial behaviour in science through brain imaging technologies (MRI) constitute a neurochemical self that resonates a modern ‘paradigm of clarity and objectivity’ as presented by Taylor. It (...) is argued that this scientific explanation model challenges Taylor's hermeneutic self. Where human behaviour previous was mapped on a psychological level, prosocial behaviour is described in the body - the human brain - on a neurophysiological level. The author applies an autism analogy metaphor, which paradoxical shows that the neurochemical self’s emphasis on structures and observations epistemological facilitate an autistic understanding of prosocial behaviour alien to the situated and interpreted feelings of Taylor's self-understanding(s), and the logic of our everyday language. (shrink)

In his article Banicki proposes a universal model for all forms of philosophical therapy. He is guided by works of Martha Nussbaum, who in turn makes recourse to Aristotle. As compared to Nussbaum’s approach, Banicki’s model is more medical and less based on ethical argument. He mentions Foucault’s vision to apply the same theoretical analysis for the ailments of the body and the soul and to use the same kind of approach in treating and curing them. In his interpretation of (...) philosophical therapy, there are, however, some controversial issues, to which we would like to call attention: -/- Is restoring health by a philosophical method of treatment – health understood as a person’s ability to reach his/her vital goals – a convincing explication of philosophical therapy in general? In order to answer this question, it may be useful to look at Plato. It is not only Platonism (and especially Neo-platonism since Plotinus) that questions the idea that therapy is necessarily connected with „vital goals“. Buddhist and Gnostic philosophies are questioning „the vital“ in general. The immense effort in the history of philosophy to liberate the mind from the body casts doubt on the project to explain philosophical therapy solely in analogy to medical therapy. -/- According to Banicki a therapeutic philosophy has to identify the diseases it attempts at curing. There are, however, reasons for associating the term therapy with suffering/risk rather than disease. If a therapy aims at reducing the fear of death, as for example many classical philosophical therapies do, then there is no disease to be cured. A model based on chances and risks also has the advantage that the Buddhist and Stoic reinterpretation of desires/emotions as “diseases” can be dropped in contemporary philosophical therapy. -/- Banicki mentions the comparison of therapies as one of the primary goals of modelling. Methods should be verified by a statistical correlation between method and therapeutic success and/or by a theory which justifies the method. Some forms of therapies, however, avoid theory-specific terms and concepts in favor of an unprejudiced interpretation of the patient’s statements. Others share the (Nietzschean) aspiration to explore and change measures of value. If the therapeutic process is seen as a unique phenomenon, then there can be no theory and no statistics with co-occurrences. -/- According to Banicki philosophical therapy has to describe techniques which qualify as genuinely philosophical. Techniques like maieutics and hermeneutics, however, are antique philosophical “inventions”, which were later adopted by psychotherapy. If meditation is accepted as a therapeutic tool – as it was in ancient times – then there is not only a methodical but also an emotional relation to religion. If finally, the Socratic search for a good life is seen as one of the characteristics of philosophical therapy, then delimitation even turns into a criterion for non-philosophical therapies. The search for a good life requires an interdisciplinary approach. -/- For the concretization of the formal structure, we suggest a typology of therapies, which is based on chances and risks. Such a typology has the advantage, that it can model conflicting (and even opposing) forms of therapies. The variety of therapeutic goals and methods is a consequence of the historical development towards conceptual freedom. (shrink)

The first part of this paper develops an outline of the history of hermeneutics organised around the problem of the method, understood as the question of guarantee of objectivity, the central problem of XIX century hermeneutics. In this outline XX century neo-Wittgensteinian philosophers like Peter Winch and Charles Taylor, appears as establishing the legitimacy of the methodological autonomy of hermeneutically oriented approach to social studies. Second part of the paper follows Georgia Warnke suggestion that specific Gadamerian contribution is (...) to refuse objectivity and intersubjective validity as necessary requisites for interpretation to be successful. We find in an analogy with phenomenological analysis of perception of material object and in hermeneutical analysis of the function of “distance” the grounds in Gadamer´s thought that supports this interpretation. We conclude assessing whether Gadamer position implies a methodological conclusion of the kind "everything goes" and which is the role intersubjectivity has to play in Gadamerian new scenery. (shrink)

For millennia self has been conjectured to be necessary for consciousness. But scant empirical evidence has been adduced to support this hypothesis. Inconsistent explications of “self” and failure to design apt experiments have impeded progress. Advocates of phenomenological psychiatry, however, have helped explicate “self,” and employed it to explain some psychopathological symptoms. In those studies, “self” is understood in a minimalist sense, sheer “for-me-ness.” Unfortunately, explication of the “minimal self” (MS) has relied on conceptual analysis, and applications to psychopathology have (...) been hermeneutic, allowing for many degrees of interpretive latitude. The result is that MS’s current scientific status is analogous to that of the “atom,” at the time when “atom” was just beginning to undergo transformation from a philosophical to a scientific concept. Fortunately, there is now an opportunity to promote a similar transformation for “MS.” Discovery of the brain’s Default Mode Network (DMN) opened the door to neuroimaging investigations of self. Taking the DMN and other forms of intrinsic activity as a starting point, an empirical foothold can be established, one that spurs experimental research and that enables extension of research into multiple phenomena. New experimental protocols that posit “MS” can help explain phenomena hitherto not thought to be related to self, thereby hastening development of a mature science of self. In particular, targeting phenomena wherein consciousness is lost and recovered, as in some cases of Unresponsive Wakefulness Syndrome (UWS), allow for design of neuroimaging probes that enable detection of MS during non-conscious states. These probes, as well as other experimental protocols applied to NREM Sleep, General Anesthesia (GA), and the waking state, provide some evidence to suggest that not only can self and consciousness dissociate, MS might be a necessary precondition for conscious experience. Finally, these findings have implications for the science of consciousness: it has been suggested that “levels of consciousness” (LoC) is not a legitimate concept for the science of consciousness. But because we have the conceptual and methodological tools with which to refine investigations of MS, we have the means to identify a possible foundation—a bifurcation point—for consciousness, as well as the means by which to measure degrees of distance from that foundation. These neuroimaging investigations of MS position us to better assess whether LoC has a role to play in a mature science of consciousness. (shrink)

Judaic Logic is an original inquiry into the forms of thought determining Jewish law and belief, from the impartial perspective of a logician. Judaic Logic attempts to honestly estimate the extent to which the logic employed within Judaism fits into the general norms, and whether it has any contributions to make to them. The author ranges far and wide in Jewish lore, finding clear evidence of both inductive and deductive reasoning in the Torah and other books of the Bible, and (...) analyzing the methodology of the Talmud and other Rabbinic literature by means of formal tools which make possible its objective evaluation with reference to scientific logic. The result is a highly innovative work – incisive and open, free of clichés or manipulation. Judaic Logic succeeds in translating vague and confusing interpretative principles and examples into formulas with the clarity and precision of Aristotelean syllogism. Among the positive outcomes, for logic in general, are a thorough listing, analysis and validation of the various forms of a-fortiori argument, as well as a clarification of dialectic logic. However, on the negative side, this demystification of Talmudic/Rabbinic modes of thought (hermeneutic and heuristic) reveals most of them to be, contrary to the boasts of orthodox commentators, far from deductive and certain. They are often, legitimately enough, inductive. But they are also often unnatural and arbitrary constructs, supported by unverifiable claims and fallacious techniques. Many other thought-processes, used but not noticed or discussed by the Rabbis, are identified in this treatise, and subjected to logical review. Various more or less explicit Rabbinic doctrines, which have logical significance, are also examined in it. In particular, this work includes a formal study of the ethical logic (deontology) found in Jewish law, to elicit both its universal aspects and its peculiarities. With regard to Biblical studies, one notable finding is an explicit formulation (which, however, the Rabbis failed to take note of and stress) of the principles of adduction in the Torah, written long before the acknowledgement of these principles in Western philosophy and their assimilation in a developed theory of knowledge. Another surprise is that, in contrast to Midrashic claims, the Tanakh (Jewish Bible) contains a lot more than ten instances of qal vachomer (a-fortiori) reasoning. In sum, Judaic Logic elucidates and evaluates the epistemological assumptions which have generated the Halakhah (Jewish religious jurisprudence) and allied doctrines. Traditional justifications, or rationalizations, concerning Judaic law and belief, are carefully dissected and weighed at the level of logical process and structure, without concern for content. This foundational approach, devoid of any critical or supportive bias, clears the way for a timely reassessment of orthodox Judaism (and incidentally, other religious systems, by means of analogies or contrasts). Judaic Logic ought, therefore, to be read by all Halakhists, as well as Bible and Talmud scholars and students; and also by everyone interested in the theory, practise and history of logic. (shrink)

In this essay I argue that childbearing and various kinds of organ donation are morally analogous activities. I argue, further, that the ethos of giftgiving ought to inform our analyses of both of these forms of bodily life support. This reframing of the abortion and organ donation debates yields new insights into two relatively neglected subtopics. First, though frequently asserted, few have demonstrated why bodily life support--especially in the form of childbearing--cannot be morally required. This comparison yields insights into the (...) reasons for such an axiom. Second, while the giving of bodily life support is sometimes exhorted and almost always respected and admired, its intelligibility and political meaningfulness as a moral choice is rarely explored. This analogical wager reveals why one ought to give another bodily life support. In summary, the analogy yields insights crucial to the development of cogent arguments regarding both the grounds for and limits of the responsibility to give bodily life support. Further, the analogy displays the disparity between what has been demanded traditionally of those who are pregnant and of those men (and women) who by virtue of tissue or blood type can offer other forms of bodily life support. The analogy enables reflection on abortion (and organ donation) to develop in a context free of sexist biases. Finally, efforts are made to assess this giftgiving ethos in light of the feminist "hermeneutics of suspicion" regarding arguments which have and can sacralize victimization. (shrink)

Robert Brandom’s notion of historical rationality seeks to supplement his inferentialism thesis by providing an account for the validity of conceptual contents. This account, in the shape of a historical process, involves the same self-integration of Brandom’s earlier inferentialism and is similarly restricted by reciprocal recognition of others. This article argues that in applying the synchronic social model of normative discourse to the diachronic axis of engaging the past, Brandom premises a false analogy between present community and past tradition, which (...) obscures the important differences between the two axes. This is explored by looking closely at how Brandom’s own engagements with the past exemplify his historical rationality. Taking its cue from Brandom’s critics, the article shows that Brandom’s own discourse with tradition is not, and cannot be, dialogical and, in accordance, that historical rationality is not, and cannot be, governed by the same social structure of inferentialism. The article concludes with the implications of such a claim on Brandom’s thesis as a whole and on the role of tradition in the process of normative change, in light of it. (shrink)

Schleiermacher’s Icoses is the first book-length study of the 1813 Academy address “Ueber die verschiedenen Methodes des Uebersetzens”; in addition to celebrating its 200 years of influence, the book undertakes a comprehensive examination of the whole argument, from its theory of hermeneutics to its foreignizing theory of translation and all the passing “poetic” elements on which Schleiermacher’s rhetoric always so heavily relied. The “icoses” in the title are specifically an articulation of the Gefühle/feelings that lie at the heart of (...) Schleiermacher’s hermeneutics—specifically, his insistence that feelings are shaped by society, and so seem “objective” or “universal,” but are experienced inwardly by each individual, so that they seem “subjective” and “private.” Research-based “feeling one’s way into an author” is guided by culture, and is therefore not, pace certain twentieth-century hermeneutical philosophers, mystical but “icotic.” -/- TESTIMONIA -/- Robinson's intriguing study of Schleiermacher's 1813 Academy address "On the Different Methods of Translating," which grew out of an article commemorating its bicentennial, is the first book-length commentary on the address. Robinson works meticulously through the entire text, both the German original and his own English translation, exposing its logical and other argumentative flaws mercilessly, but in order not to attack or dismiss it, rather to show that logic is not the right interpretive lens through which to view Schleiermacher's project. The right lens, Robinson suggests, is what he calls "icoses": social ecologies that shape our thought and convictions as members of a social group. The result is a fresh look at Schleiermacher's address and the hermeneutics that inform it, and one that generates surprising new insights into foreignization, feeling-based hermeneutics, and the Romantic ethos of estrangement. (Radegundis Stolze, Technische Universität Darmstadt) -/- Robinson's reading of Schleiermacher deals in detail with the whole address, and more, bringing out numerous problems that have remained hidden, dormant, and should be discussed. It provocatively picks up what any close reader feels: Schleiermacher's is not a highly coherent account of translation -­ it got some things right but left many gaps and contradictions. Robinson's inquiry suggests how the unresolved problems might be approached in an unexpected way: by a hermeneutic blurring of distinctions between the subjective and the objective, the psychological and the linguistic, the individual and the social. (Anthony Pym, Professor of Translation and Intercultural Studies Rovira i Virgili University, Visiting Professor Monterey Institute of International Studies). (shrink)

This paper proposes a reading of Galileo’s Letter to the Grand Duchess Christina as analogous to a legal brief submitted to a court en banc. The Letter develops a theory of the general issues underlying the case at hand, but it is organized around advocacy for a particular judgment. I have drawn two architectonic implications from this framework, each of which helps to resolve an issue still standing in the literature. First, the Letter anticipates varying degrees of acquiescence to its (...) general account, and provides ‘hooks’ for different readers to interpret variously while still converging on the particular judgment. This reading allows for a coherent Galilean interpretation of passages that notoriously concede priority to Scripture, while also explaining their dialectical function. Galileo is neither self-contradictory nor dissimulating here, but strategically leaves the specification of key distinctions for the reader. Second, the Letter, and particularly its apparent shifting of the burden of proof, must be understood in light of the tripartite ‘adversarial-judicial’ framework that Galileo sets up. The burden of proof is shifted to anti-Copernicans within the Church, not as a rhetorical trick, but because of the benefits of adversarial procedure that will accrue to the Church as the responsible judge. (shrink)

Even if one sees the law as “a self-contained system of legal reasoning” from which we deduce “neutral,” non-political conclusions from “general principles and analogies among cases and doctrines” (including formalist claims that judges simply call “balls and strikes” like umpires in a baseball game), one should still consider certain characteristics of the party making such deductions or calling such “balls and strikes.” [Relevant citations to quoted language are in the Article.] If such decision maker has questionable motivations, lacks proper (...) perspective, does not grasp the flexibility in the concepts in play, does not grasp the restraints on concepts in play, does not follow the proper processes involved, and lacks the detail, courage, and tenacity needed to reach the proper “deduction” or “call,” on the face of things the formalist, too, should have reason to re-examine any “deduction” or “call” by such party. Thus, even the formalist should not deny the critical role of virtue when examining legal analysis, a role belying the notion of law as a "self-contained system of legal reasoning." -/- This Article thus explores basic freedoms and restraints applicable to legal analysis and the role that virtue plays in balancing such freedoms and restraints. Such exploration covers: (i) the origin, nature, and purpose of concepts and categories used in legal analysis; (ii) the experiential nature of the meaning of such concepts and categories used in legal analysis; (iii) the freedoms and restraints applicable to such concepts and categories as a result of either experience or of the concepts or categories themselves; (iv) how workable notions of virtue rightly balance such freedoms and restraints in legal analysis; (v) the distinction between such virtue and skill; (vi) reconceiving the analytically virtuous mean as a proper balance between such applicable freedoms and restraints; and (vii) defining and surveying the particular virtues that lead us to such proper balance and thus to good legal analysis. My hope is that lawyers and law schools in their curricula will follow such explorations as well in a quest to better understand legal analysis and how to teach and perform it well. (shrink)

We live in a world saturated in both racial and gendered divisions. Our focus is on one place where attitudes about these divisions diverge: language. We suspect most everyone would be horrified at the idea of adding race-specific pronouns, honorifics, generic terms, and so on to English. And yet gender-specific terms of the same sort are widely accepted and endorsed. We think this asymmetry cannot withstand scrutiny. We provide three considerations against incorporating additional race-specific terms into English, and argue that (...) these considerations also support eliminating the analogous gender-specific terms. With respect to these parts of speech, English should be no more gender-specific than it already is race-specific. (shrink)

This article accomplishes two goals. First, the paper clarifies Edmund Husserl’s investigation of the historical inception of the number system from his early works, Philosophy of Arithmetic and, “On the Logic of Signs (Semiotic)”. The article explores Husserl’s analysis of five historical developmental stages, which culminated in our ancestor’s ability to employ and enumerate with number signs. Second, the article reveals how Husserl’s conclusions about the history of the number system from his early works opens up a fusion point with (...) his investigations from his mature texts, The Crisis of the European Sciences and “The Origin of Geometry”. On the one hand, the essay shows that Husserl’s methodology was similar, as he sought in both his early and late writings to uncover the essence of the history of the formal sciences and was not executing mere intellectual history. On the other hand, the article discloses that Husserl’s insights from both time periods are strikingly analogous. Already in his early texts, Husserl saw that the sciences emerged from pre-theoretical experiences of the world and that the sciences are the result of a historical process, which involves the psychic activities of past individuals and the maintaining of discoveries over time by intersubjective communities. I conclude by showing how, in light of the analysis of this paper, we can rethink the evolution of Husserl’s philosophy. (shrink)

There’s an interesting debate in moral and political philosophy about the nature of, and relationship between, ideal and non-ideal theory. In this paper we discuss whether an analogous distinction can be drawn in philosophy of language. Our conclusion is negative: Even if you think that distinction can be put to work within moral and political philosophy, there’s no useful way to extend it to work that has been done in the philosophy of language.

This essay focuses on the attention paid to Prometheus by Goethe and Schlegel. Prometheus serves as an archetypal figure for Goethe, in particular, and as such the Titan can be viewed as a figure whose various appearances represent genuine metamorphoses or transformations of the archetype in much the same manner that Goethe takes the archetypes of leaf or vertebrae to function in the plant and animal kingdoms. Schlegel’s treatment of Prometheus takes the organic analogy even further. In his fragmentary work (...) Lucinde Schlegel exploits the metaphorical possibilities provided by plant life when thinking about not only the sessile structure of the text as a whole but indeed the internal literary devices capable of simulating the environmental impacts required for the flowering of the plot. The fact that Goethe and Schlegel deliberately leave their discussions in a fragmentary form is discussed in the final section of the essay in a manner that ties the open-ended quality of such productions to Gadamer’s discussion of the Vollzug or performative character of poetry and other works of art. (shrink)

From the political point of view, European Union (EU) integration implies some kind of unity in the community constituted by EU citizens. Unity is difficult to attain if the diversity of citizens (and their nations) is to be respected. A thick bond that melts members' diversity into a 'European pot' is therefore out of the question. On the other hand, giving up unity altogether makes political integration impossible. Through a meta-theoretical analysis of normative positions, this paper proposes a composed notion (...) of European identity that links without binding. It contains four facets – cultural, political, social, external – with nuances, expressed in three binaries, that cut across all of them – history-project, ethos-achievement, commonness-uncommonness. I will submit that a workable European identity (and the related concepts of unity, polity and citizenship) can be better conceived as analogical – a mid way between blending unity and irreconcilable diversity. (shrink)

St. Anselm is a master of philosophical prose. His writings on God, truth, and free will are models of clarity born of unflagging concern for argumentative precision. He is especially adept at using analogies to cinch his readers' understanding of these recondite matters. Who could forget the light shed upon the concept of existence by the Painter Analogy in the Ontological Argument or how his River Analogy illumines the unification of the Holy Trinity? Such intellectual insights could only be gifts (...) of the Holy Ghost for the edification of the Holy Mother Church. I shall discuss here the three splendid analogies that St. Anselm draws in De Concordia in order to reconcile grace and free will, fostering an understanding of cooperation according to which divine assistance must accentuate, rather than nullify, exercises of human freedom. Central to my discussion is The Father of Scholasticism's four-fold distinction between a power, its exercises, the effects of those exercises, and opportunities to bring about those effects. (shrink)

Analogical reasoning is often employed in problem-solving and metaphor interpretation. This paper submits that, as a default, analogical reasoning addressing these different tasks employs different mapping strategies: In problem-solving, it employs analogy-maximising strategies (like structure mapping, Gentner & Markman 1997); in metaphor interpretation, analogy-minimising strategies (like ATT-Meta, Barnden 2015). The two strategies interact in analogical reasoning with conceptual metaphors. This interaction leads to predictable fallacies. The paper supports these hypotheses through case-studies on ‘mind’-metaphors from ordinary discourse, and (...) abstract problem-solving in the philosophy of mind, respectively: It shows that (1) default metaphorical interpretations for vision- and space-cognition metaphors can be derived with a variant of the analogy-minimising ATT-Meta approach, (2) philosophically influential introspective conceptions of the mind can be derived with conceptual metaphors only through an analogy-maximising strategy, and (3) the interaction of these strategies leads to hitherto unrecognised fallacies in analogical reasoning with metaphors. This yields a debunking explanation of introspective conceptions. (shrink)

Propositional = Linguistic + Hermeneutically Efficacious. An interpretation of a text is guided by emerging functions of the interpretation. And future function of a text is less than fully known to the author at the time of its production. There is only one the most charitable interpretation of any text at any given time however because there are ever infinitely many propositional versions of any text.

St. Anselm is a master of philosophical prose. His writings on God, truth, and free will are models of clarity born of unflagging concern for argumentative precision. He is especially adept at using analogies to cinch his readers' understanding of these recondite matters. Who could forget the light shed upon the concept of existence by the Painter Analogy in the Ontological Argument or how his River Analogy illumines the unification of the Holy Trinity? Such intellectual insights could only be gifts (...) of the Holy Ghost for the edification of Holy Mother Church. I shall discuss here the three splendid analogies that St. Anselm draws in De Concordia in order to reconcile grace and free will, fostering an understanding of co-operation according to which divine assistance must accentuate, rather than nullify, exercises of human freedom. Central to my discussion is The Father of Scholasticism's four-fold distinction between a power, its exercises, the effects of those exercises, and opportunities to bring about those effects. (shrink)

When we encounter extremist rhetoric, we often find it dumbfounding, incredible, or straightforwardly unintelligible. For this reason, it can be tempting to dismiss or ignore it, at least where it is safe to do so. The problem discussed in this paper is that such dismissals may be, at least in certain circumstances, epistemically unjust. Specifically, it appears that recent work on the phenomenon of hermeneutical injustice compels us to accept two unpalatable conclusions: first, that this failure of intelligibility when we (...) encounter extremist rhetoric may be a manifestation of a hermeneutical injustice; and second, that remedying this injustice requires that we ought to become more engaged with and receptive of extremist worldviews. Whilst some theorists might interpret this as a reductio of this framework of epistemic in/justice, we push back against this conclusion. First, we argue that with a suitably amended conception of hermeneutical justice—one that is sensitive to the contextual nature of our hermeneutical responsibilities, and to the difference between understanding a worldview and accepting it—we can bite the bullet and accept that certain extremists are subject to hermeneutical injustice, but without committing ourselves to any unpalatable conclusions about how we ought to remedy these injustices. Second, we argue that bringing the framework of hermeneutical in/justice to bear upon the experience of certain extremists actually provides a new and useful perspective on one of the causes of extremism, and how it might be undermined. (shrink)

Tim Ingold draws a sharp line between animism and hylomorphism, that is, between his relational ontology and a rival genealogical ontology. He argues that genealogical hylomorphism collapses under a fallacy of circularity, while his relationism does not. Yet Ingold fails to distinguish between vicious or fallacious circles, on the one hand, and virtuous or hermeneutic circles, on the other. I demonstrate that hylomorphism and Ingold’s relational animism are both virtuously circular. Hence, there is no difference between them on this count. (...) A path thus opens for what I call hylomorphic animism. While Ingold’s relational animism leads into obscurity, hylomorphic animism is able to explain the differences in power between material things. (shrink)

This article has provided a philosophical discourse approach in deconstructing Ceteris Paribus (CP) as applied in contemporary Africa. The concept of CP, which affirm the notion of ‘all things are equal’ does not always hold true in the real world. The author has gone beyond the normal interpretation of the word shock, which is making it impossible for the CP concept to hold true in reality. The paper has unraveled critical discourses spanning corruption element as a key factor in the (...) current state of Africa’s economic malaise. It is therefore incumbent on African scholars and professionals to continue their strides in promoting critical hermeneutic space, pursued through empirical endeavours or otherwise in support of developing a philosophy that is based on pragmatism for the enhancement of economic methodology, focused on the continent’s pathway of (sustained) economic development. (shrink)

Previously proposed strategies for tackling hermeneutical injustices take for granted the interests people have in certain things about them being intelligible to them and/or to others, and seek to enable them to satisfy these interests. Strategies of this sort I call interests-as-given strategies. I propose that some hermeneutical injustices can instead be tackled by doing away with certain of these interests, and so with the possibility of their unfair non-satisfaction. Strategies of this sort I call interests-in-question strategies. As a case (...) study in when such an interests-in-question strategy ought to be pursued, I look at how to tackle hermeneutical injustices arising in the context of gender-affirming healthcare as provided to adults by the National Health Service in the UK. I argue that considerations of trust, privacy, and respect all support pursuing such a strategy. One way to do so, I suggest, would be by replacing the existing gatekeeping model with an informed consent model for the provision of gender-affirming healthcare. Considerations of hermeneutical justice can hence be added to the already-impressive case for undertaking this shift. (shrink)

Miranda Fricker’s account of hermeneutical injustice and remedies for this injustice are widely debated. This article adds to the existing debate by arguing that theories of recog- nition can fruitfully contribute to Fricker’s account of hermeneutical injustice and can provide a framework for structural remedy. By pairing Fricker’s theory of hermeneutical injustice with theories of recognition, I bring forward a modest claim and a more radical claim. The first concerns a shift in our vocabulary; recognition theory can give a name (...) to the seriousness of the long-term effects of hermeneutical injustice. The second claim is more radical: thinking of hermeneutical injustice as preventing what I call “self-recogni- tion” provides a structural remedy to the phenomenon of hermeneutical injustice. Because hermeneutical injustice is first and foremost a structural injustice, I contend that every virtue theory of hermeneutical justice should be complemented by structural remedies in terms of recognition. Finally, what I argue sheds light on the seriousness of cases of exclusion of and discrimination against women in academia and helps to draw our attention to new ways to combat such problems. (shrink)

The evidential value of moral intuitions has been challenged by psychological work showing that the intuitions of ordinary people are affected by distorting factors. One reply to this challenge, the expertise defence, claims that training in philosophical thinking confers enhanced reliability on the intuitions of professional philosophers. This defence is often expressed through analogy: since we do not allow doubts about folk judgments in domains like mathematics or physics to undermine the plausibility of judgments by experts in these domains, we (...) also should not do so in philosophy. In this paper I clarify the logic of the analogy strategy, and defend it against recent challenges by Jesper Ryberg. The discussion exposes an interesting divide: while Ryberg’s challenges may weaken analogies between morality and domains like mathematics, they do not affect analogies to other domains, such as physics. I conclude that the expertise defence can be supported by analogical means, though care is required in selecting an appropriate analog. I discuss implications of this conclusion for the expertise defence debate and for study of the moral domain itself. (shrink)

Hermeneutics as we understand it today is an essentially modern phenomenon. The chapter presents observations that illustrate some of the central ways in which the modern and late modern phenomena of philosophical hermeneutics relate to the ancient philosophical legacy. First, the roots of hermeneutics are traced to ancient views on linguistic, textual, and sacral interpretation. The chapter then looks at certain fundamentally unhermeneutic elements of the Platonic, Aristotelian, and Augustinian “logocentric” theory of meaning that philosophical hermeneutics (...) and its heirs sought to call into question, reconsider, and deconstruct. Augustine's De doctrina christiana, can be regarded as an epitome and culmination of the ancient protohermeneutic heritage, theological as well as philological. Finally, Aristotle's practical philosophy, particularly the notion of phronesis, “practical insight”, is designated as an implicit ancient prototype of hermeneutic thinking, the reappropriation of which lay at the core of the Heideggerian and Gadamerian philosophical projects. (shrink)

Hermeneutical injustices, according to Miranda Fricker, are injustices that occur “when a gap in collective interpretive resources puts someone at an unfair disadvantage when it comes to making sense of their social experiences” (Fricker 2007, 1). For Fricker, the relevant injustice in these cases is the very lack of knowledge and understanding experienced by the subject. In this way, hermeneutical injustices are instances of epistemic injustices, the kind of injustice that “wrongs someone in their capacity as a subject of knowledge” (...) (Fricker 2007, 5). In this paper, however, I identify different means by which our hermeneutic activities lead to social injustices, of both a practical and epistemic kind, and I identify different ways in which those injustices manifest themselves. Since Fricker’s use of the notion of “hermeneutical injustices” to denote a well-defined kind of injustice is rightfully well-established, I here refer to the more general kinds of injustices I have in mind as “hermeneutic injustices” instead. (shrink)

Analogical cognition refers to the ability to detect, process, and learn from relational similarities. The study of analogical and similarity cognition is widely considered one of the ‘success stories’ of cognitive science, exhibiting convergence across many disciplines on foundational questions. Given the centrality of analogy to mind and knowledge, it would benefit philosophers investigating topics in epistemology and the philosophies of mind and language to become familiar with empirical models of analogical cognition. The goal of this essay (...) is to describe recent empirical work on analogical cognition as well as model applications to philosophical topics. Topics to be discussed include the epistemological distinction between implicit knowledge and explicit knowledge, the debate between empiricists and nativists, the frame problem, expertise, creativity and autism, cognitive architecture, and relational knowledge. Particular attention is given to Dedre Gentner and colleague’s structure-mapping theory – the most developed and widely accepted model of analogical cognition. (shrink)

This essay (a revised version of my undergraduate honors thesis at Stanford) constructs a theory of analogy as it applies to argumentation and reasoning, especially as used in fields such as philosophy and law. The word analogy has been used in different senses, which the essay defines. The theory developed herein applies to analogia rationis, or analogical reasoning. Building on the framework of situation theory, a type of logical relation called determination is defined. This determination relation solves a puzzle (...) about analogy in the context of logical argument, namely, whether an analogous situation contributes anything logically over and above what could be inferred from the application of prior knowledge to a present situation. Scholars of reasoning have often claimed that analogical arguments are never logically valid, and that they therefore lack cogency. However, when the right type of determination structure exists, it is possible to prove that projecting a conclusion inferred by analogy onto the situation about which one is reasoning is both valid and non-redundant. Various other properties and consequences of the determination relation are also proven. Some analogical arguments are based on principles such as similarity, which are not logically valid. The theory therefore provides us with a way to distinguish between legitimate and illegitimate arguments. It also provides an alternative to procedures based on the assessment of similarity for constructing analogies in artificial intelligence systems. (shrink)

Analogien lassen sich aus unserem vernünftigen Nachdenken und Argumentieren kaum wegdenken. Ganz zurecht stellen sie eines der klassischen Themen der Argumentationstheorie dar. Doch wie genau sollte die argumentative Rolle von Analogien in Argumentrekonstruktionen dargestellt werden? Das ist die Leitfrage dieses Beitrags. Zunächst wird mit Michael Dummetts Schach-Analogie ein prominentes Beispiel dargestellt und eine genauere Charakterisierung des Analogiebegriffs vorgeschlagen. Danach wird die gängigste Rekonstruktionsform von Analogien diskutiert, das Analogieargument, und in einigen Punkten verfeinert. Vor diesem Hintergrund schlägt der Beitrag eine zweite, (...) alternative Rekonstruktionsform vor, in der zwei analoge Argumente an die Stelle eines einzelnen Analogiearguments treten. Nachdem diese beiden Rekonstruktionsformen an einem weiteren berühmten Beispiel vorgeführt wurden, an Peter Singers Teich-Analogie, wird diskutiert, wie sich diese beiden Varianten gegenseitig ergänzen und welche Stärken und Schwächen sie haben. Es zeigt sich, dass Analogien nicht nur in Form von Analogieargumenten einen zentralen Topos eines Einzelarguments darstellen. Darüber hinaus kann die Untersuchung analoger Argumente bereits selbst als argumentationstheoretische Topik verstanden werden. (shrink)

In this article, we address fallacious analogical reasoning and the Metaphoric Fallacy to a Deductive Inference (MFDI), recently discussed by B. Lightbody and M. Berman (2010). We claim that the authors’ proposal to introduce a new fallacy is only partly justified. We also argue that, in some relevant cases, fallacious analogical reasoning involving metaphors is only affected by the use of quaternio terminorum.

In this paper I argue that Aquinas’ account of analogy provides resources for resolving the prima facie conflict between his claims that (1) the divine relations constituting the persons are “one and the same” with the divine essence; (2) the divine persons are really distinct, (3) the divine essence is absolutely simple. Specifically, I argue that Aquinas adopts an analogical understanding of the concepts of being and unity, and that these concepts are implicit in his formulation of claims about (...) substance and relation in the Trinity. I then show how Aquinas appeals to key structural features of analogical concepts, notably, the simpliciter/secundum quid characterization, to resolve apparent conflicts between the unity of substance and distinction of relations in the Trinity. (shrink)

Fictionalist approaches to ontology have been an accepted part of philosophical methodology for some time now. On a fictionalist view, engaging in discourse that involves apparent reference to a realm of problematic entities is best viewed as engaging in a pretense. Although in reality, the problematic entities do not exist, according to the pretense we engage in when using the discourse, they do exist. In the vocabulary of Burgess and Rosen (1997, p. 6), a nominalist construal of a given discourse (...) is revolutionary just in case it involves a “reconstruction or revision” of the original discourse. Revolutionary approaches are therefore prescriptive. In contrast, a nominalist construal of a given discourse is hermeneutic just in case it is a nominalist construal of a discourse that is put forth as a hypothesis about how the discourse is in fact used; that is, hermeneutic approaches are descriptive. I will adopt Burgess and Rosen’s terminology to describe the two different spirits in which a fictionalist hypothesis in ontology might be advanced. Revolutionary fictionalism would involve admitting that while the problematic discourse does in fact involve literal reference to nonexistent entities, we ought to use the discourse in such a way that the reference is simply within the pretense. The hermeneutic fictionalist, in contrast, reads fictionalism into our actual use of the problematic discourse. According to her, normal use of the problematic discourse involves a pretense. According to the pretense, and only according to the pretense, there exist the objects to which the discourse would commit its users, were no pretense involved. My purpose in this paper is to argue that hermeneutic fictionalism is not a viable strategy in ontology. My argument proceeds in two steps. First, I discuss in detail several problematic consequences of any interesting application of hermeneutic fictionalism. Of course, if there is good evidence that hermeneutic fictionalism is correct in some cases, then some of these drastic consequences would have to be accepted.. (shrink)

This paper provisionally offers a way of addressing the predicament of a person who does not feel at home in her own concepts, because these concepts were once forced upon her by a colonial regime. If the goal for a person in such a circumstance is to overcome this alienation through intellectual means, then one way in which this might be accomplished would be to develop a hermeneutics that would enable her to ascertain the alienating aspects of her existing (...) concepts. To this end, I outline a hermeneutical strategy which requires that, in reading the colonizer’s textual tradition, the colonized/ex–colonized person must heuristically presuppose that her current concepts are entirely determined by this tradition unless these concepts can be shown to resist such determination on reflective–systematic grounds. (shrink)

Analogy-making is finding analogies between different situations. In this paper, we provide a new model of computational analogy-making which uses Situation Theory as its formal background. Situation Theory is a semantic and logical theory which provides a naturalistic way to represent relations in situations. The system described in this paper is aimed at solving analogy problems made by basic geometric figures in a chessboard-like environment.