Digital practices in design, together with computer-assisted manufacturing (CAM), have inspired the reflection of philosophers, theorists, and historians over the last decades. Gilles Deleuze’s The Fold: Leibniz and the Baroque (1988) presents one of the first and most successful concepts created to think about these new design and manufacturing practices.1 Deleuze proposed a new concept of the technological object, which was inspired by Bernard Cache’s digital design practices and computer-assisted manufacturing. Deleuze compared Cache’s practices to Leibniz’s differential calculus-based notion of (...) the parametric curve. From this perspective, the object is no longer an essential form: rather, it is functional, defined by a family of parametric curves. In Deleuze’s terms, it is an objectile. This definition grasps a particular aspect of modernity in the technological object, rendering possible the industrial production of “the unique object” (la pièce unique), while making obsolete the homogeneity that comes with industrial standardization. What follows introduces developmental biology into this design matrix, interrogating the relationship between parametric design and computer-assisted manufactory on the one hand and biological morphogenetic processes on the other. Is one necessary for the other? Does an architect need computation in order to render morphogenetic shapes? In answering these questions, this chapter displaces the centrality of digital technology in the design of shape-shifting forms within architecture and calls for a rethinking of design by way of analog prototypes. I argue that “thinking through analogs” offers another means of generating parametrically based morphogenetic forms. (shrink)

This research paper aims to study analogy as a comparative thinking and to investigate whether it is justified in claiming that an analogical thought has cognitive content. Two theories in cognitive science claim that analogy has cognitive content. The first one is called the weak view of analogy in cognition, e.g. the works of Gust et al. (2008), Lakoff & Johnson (1980), Hesse (1950), Black (1955); and the second one is called the strong view of analogy in cognition, (...) e.g. the works of Hofstadter (2001), Hofstadter& Sanders (2013). According to the weak view, analogical thought is only a necessary condition of cognition. But for the strong view, analogy is both necessary and sufficient of cognition. Regardless of the differences, both theories are not justified in claiming analogical content. While the weak view cannot provide an account of the perceptual aspect of content, the strong view suffers from the lack of normative constraint for analogical content. -/- Keywords: analogy, comparative thinking, concept, cognitive content, philosophy of cognitive science . (shrink)

The cultural, economic and political crisis affecting the European Union (EU) today is manifested in the political community’s lack of enthusiasm and cohesion. An effort to reverse this situation – foster ‘EU identity’ – was the creation of EU citizenship. Citizen- ship implies a people and a polity. But EU citizens already belong to national polities. Should EU citizenship override national citizenship or coexist with it? Postnationalists like Habermas have suggested EU citizenship can overcome nationalisms, grounding political belonging on the (...) body of laws that members of the post- national polity generate in the public sphere. Cosmopolitan communitarianists like Bellamy, by contrast, think that EU citizens should form a mixed commonwealth, with political belonging based on national citizenship. I will argue in favour of the second option, and submit an analogical reading of the ensuing ideas of citizenship, identity and polity. Cosmopolitan communitarianist EU citizenship promises to better foster the great richness of European national cultural, religious, historical, political, legal and linguistic diversity in a ‘mixed’ polity. Its main challenge is how to keep the diverse, mixed polity together. (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)

Critical thinking involves deliberate application of tests and standards to beliefs per se and to methods used to arrive at beliefs. Pedagogical license is authorization accorded to teachers permitting them to use otherwise illicit means in order to achieve pedagogical goals. Pedagogical license is thus analogous to poetic license or, more generally, to artistic license. Pedagogical license will be found to be pervasive in college teaching. This presentation suggests that critical thinking courses emphasize two topics: first, the nature (...) and usefulness of critical thinking; second, the nature and pervasiveness of pedagogical license. Awareness of pedagogical license alerts the student to the need for critical thinking. Indoctrination is done to students; education is done by students. (shrink)

A number of researchers today make an appeal to quantum physics when trying to develop a satisfactory account of the mind, an appeal still felt to be controversial by many. Often these "quantum approaches" try to explain some well-known features of conscious experience (or mental processes more generally), thus using quantum physics to enrich the explanatory framework or explanans used in consciousness studies and cognitive science. This paper considers the less studied question of whether quantum physical intuitions could help us (...) to draw attention to new or neglected aspects of the mind in introspection, and in this way change our view about what needs explanation in the rst place. Although prima facie implausible, it is suggested that this could happen, for example, if there were analogies between quantum processes and mental processes (e.g., the process of thinking). The naive idea is that such analogies would help us to see mental processes and conscious experience in a new way. It has indeed been proposed long ago that such analogies exist, and this paper rst focuses at some length on David Bohm's formulation of them from 1951. It then briefly considers these analogies in relation to Smolensky's more recent analogies between cognitive science and physics, and Pylkko's aconceptual view of the mind. Finally, Bohm's early analogies will be briefly considered in relation to the analogies between quantum processes and the mind he proposed in his later work. (shrink)

A "good" arguer is like an architect with a penchant for civil and civic engineering. Such an arguer can design and present their reasons artfully about a variety of topics, as good architects do with a plenitude of structures and in various environments. Failures in this are rarely hidden for long, as poor constructions reveal themselves, often spectacularly, so collaboration among civical engineers can be seen as a virtue. Our logical virtues should be analogous. When our arguments fail due to (...) being uncivil and demagogic, since we inhabit the arguments we build, we are all crushed beneath our flawed reasoning. This mixed metaphor takes us to a self-referential analysis of argumentation, analogy, and humor. I argue that good argumentation strives to collaboratively convince rather than belligerently persuade. A convincing means toward this end is through humorous analogical arguments, whether the matter at hand is ethical, logical, theological, phenomenological, epistemological, metaphysical, political, or about baseball. (shrink)

This paper is a two-part project. First, I reject the analogous relationship between the Holocaust and slaughterhouses (found in the anti-meat novel The Lives of Animals) and cross-species analogical thinking entirely; instead, I opt for modes of analysis that can examine the specific circumstances of animals within slaughterhouses. Secondly, I assert that a socio-economic Marxist analysis is the best prism in which to recognize the suffering of pre-slaughter animals and the causation of their suffering (the ostensibly necessary circulation (...) and production of the meat-commodity). (shrink)

This paper offers a qualified defense of a historically popular view that I call sentimental perceptualism. At a first pass, sentimental perceptualism says that emotions play a role in grounding evaluative knowledge analogous to the role perceptions play in grounding empirical knowledge. Recently, András Szigeti and Michael Brady have independently developed an important set of objections to this theory. The objections have a common structure: they begin by conceding that emotions have some important epistemic role to play, but then go (...) on to argue that understanding how emotions play that role means that there must be some alternative, emotion-independent route to obtaining knowledge of value. If there has to be such an emotion-independent route, then the perceptual analogy breaks down in a significant way. In this paper, I argue that the right ways for sentimental perceptualists to respond to each of these objections are revealed by thinking through how analogous objections applied to perception and the empirical domain would be answered. Although Szigeti's and Brady's objections should not persuade sentimental perceptualists to give up their view, the objections do put important constraints on what a form of the view has to be like in order to do exciting metaethical work. (shrink)

There is ample justification for having analogical material in standardized tests for graduate school admission, perhaps especially for law school. We think that formal-analogy questions should compare different scenarios whose structure is the same in terms of the number of objects and the formal properties of their relations. The paper deals with this narrower question of how legitimately to have formal analogy test items, and the broader question of what constitutes a formal analogy in general.

The application of statistical methods and models both in the natural and social sciences is nowadays a trivial fact which nobody would deny. Bold analogies even suggest the application of the same statistical models to fields as different as statistical mechanics and economics, among them the case of the young and controversial discipline of Econophysics . Less trivial, however, is the answer to the philosophical question, which has been raised ever since the possibility of “commuting” statistical thinking and models (...) between natural and social sciences emerged: whether such a methodological kinship would imply some kind of more profound unity of the natural and the social domain. Starting with Adolphe Quetelet (1796-1874) and ending with the Vienna Circle (from the late 1920s until the 1940s), this paper offers a brief historical and philosophical reconstruction of some important stages in the development of statistics as “commuting” between the natural and the social sciences. This reconstruction is meant to highlight (with respect to the authors under consideration): (1) the existence of a significant correlation between the readiness to “transfer” statistical thinking from natural to social sciences and vice versa, on the one hand, and the standpoints on the issue of the unity/disunity of science, on the other; (2) the historical roots and the fortunes of the analogy between statistical models of society and statistical models of gases. (shrink)

Using the method of Descriptive Experience Sampling, some subjects report experiences of thinking that do not involve words or any other symbols [Hurlburt, R. T., and C. L. Heavey. 2006. Exploring Inner Experience. Amsterdam: John Benjamins; Hurlburt, R. T., and S. A. Akhter. 2008. “Unsymbolized Thinking.” Consciousness and Cognition 17 : 1364–1374]. Even though the possibility of this unsymbolized thinking has consequences for the debate on the phenomenological status of cognitive states, the phenomenon is still insufficiently examined. (...) This paper analyzes the main properties of unsymbolized thinking and advances an explanation of its origin. According to our analysis, unsymbolized thoughts appear as propositional states, that is, they are experienced as compositional conceptual phenomena, with semantic and syntactic features analogous to those of the contents of utterances. Based on this characterization, we hypothesize that UT is continuous with the activity of inner speech, in particular, it i... (shrink)

Postnationalists like Habermas have suggested EU citizenship as a way to overcome nationalisms, grounding political belonging on the body of laws that members of the postnational polity generate in the public sphere. Cosmopolitan communitarianist like Bellamy think that EU citizens should form a mixed-commonwealth, with political belonging based on their nations. I will argue that the second option is more desiderable and submit the analogical character of the ensuing ideas of the citizenship, identity and polity. Cosmopolitan communitarianist citizenship promises (...) to better foster the great richness of European national cultural, religious, historical, political, legal and linguistic diversity while still maintaining a certain unity to form a "mixed" polity. (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)

In this dialogue, I illustrate why moral arguments from analogy are a valuable part of moral reasoning by considering how texting while driving is, morally speaking, no different than drunk driving.

In his book On What Matters, Derek Parfit defends a version of moral non-naturalism, a view according to which there are objective normative truths, some of which are moral truths, and we have a reliable way of discovering them. These moral truths do not exist, however, as parts of the natural universe nor in Plato’s heaven. While explaining in what way these truths exist and how we discover them, Parfit makes analogies between morality on the one hand, and mathematics and (...) logic on the other. Moral truths “exist” in a way that numbers exist, and we discover these truths in a similar way as we discover truths about numbers. By the end of the second volume, Parfit also responds to a powerful objection against his view, an objection based on the phenomenon of moral disagreement. If people widely and deeply disagree about what is the moral truth, it is doubtful whether we have a reliable way of discovering it. In his reply, he claims that in ideal conditions for thinking about moral questions, we would all have sufficiently similar moral beliefs. However, we often find ourselves in less-than-ideal conditions due to various factors that distort our ability to agree. Therefore, differences in moral opinion can be expected. In this paper, I draw a connection between these parts of Parfit’s theory and comment on them. Firstly, I argue that Parfit’s analogy with mathematics and logic and his answer to the disagreement objection are in tension because there are important epistemic differences between morality and these fields. If one would try to account for the differences, one would have to sacrifice some measure of similarity between morality and them. Secondly, I comment on Parfit’s reply to the disagreement objection itself. I believe that, although his description of ideal conditions has some potential for reaching moral agreement, it may be difficult to tell if ideal conditions prevail. This obscurity spells further trouble for Parfit’s overall theory. (shrink)

In the beginning of the COVID pandemic, researchers and bioethicists called for human challenge trials to hasten the development of a vaccine for COVID. However, the fact that we lacked a specific, highly effective treatment for COVID led many to argue that a COVID challenge trial would be unethical and we ought to pursue traditional phase III testing instead. These ethical objections to challenge trials may have slowed the progress of a COVID vaccine, so it is important to evaluate their (...) merit. One common way of doing so is to make an analogy to other social practices that are relevantly similar and which we currently sanction. We submit that non-directed live organ donation (NDLOD) is a promising analogy. After arguing that the risks to volunteers for each activity appear similar, we explore potential disanalogies that would undermine the comparison. We note that there are differences in both the kind and certainty of benefit secured by NDLOD compared to challenge trials. We conclude these differences are insufficient to make NDLOD permissible and challenge trials impermissible. Ultimately, if we think the risks associated with NDLOD are ethically permissible, then we should think the same of the risks associated with COVID challenge trials. (shrink)

Models are being used extensively for practicing and understanding scientific, engineering and mathematical subjects, but are rarely used as art analyzing tools, particularly, in learning environments. Contrarily, using art to explain mathematical ideas is not unprecedented. Strogatz (1988), for example, built a model based on Romeo and Juliet’s love story and used it to explain the idea of differential mathematics, and system dynamics. Artwork, specially written and plastic classics, is a fixed form of art. We frame them and put them (...) in a gallery, or a book (digital or physical). We don’t try to “fix” them or optimize their functioning, we analyze them to find meaning, intention, and patterns. In this article, we aim to show how, by building models combined with simple mathematical representations and analogies, it is possible to understand literary texts, from the prism of system and complexity theories, which emphasize the dynamic, non-linear, and non-reductionist aspects of the observed. We’ll demonstrate how modeling processes of three cultural assets, allow active correspondence with the original textual art, by treating them as systemic objects with interactions and dynamics. They will be analyzed while raising questions about the significance of modeling as a cognitive learning process. (shrink)

In this article, I examine the ethical and political dimensions of Hannah Arendt’s fundamental categories of thinking, judgment, and action, with the aim of uncovering and defending the coherence of the otherwise enigmatic nature of their interplay. In so doing, I attempt to resolve many of the tensions and ambiguities that appear to permeate Arendt’s account of judgment, by offering an analysis of its aesthetic structure that will later allow me to offer a new interpretation of the precise relation (...) that holds between thinking and judgment, as well as of judgment’s relation with regard to both morality and politics in general, making extended use of a writing analogy that involves thought experimentation. In this light, the category of judgment will be shown to serve as the bridge that seamlessly connects Arendt’s private conception of thinking, which is personal, contemplative, and anti-teleological, with the intersubjective realm of political action in the public sphere. The nexus binding the three categories together will be shown to consist specifically of an ontogenetic chain of interdependence that begins with thinking and culminates in action, where each successor category in the sequence can be viewed as a higher-order version of its immediate predecessor category. From this, I then explain the way they are able to collectively create a positive feedback loop that turns on the axis of our progress as thinkers, as well as on the state of our moral development as individuals, and which, in the process, creates potential openings for genuine political progress. (shrink)

This book is the result of Searle's stay in the Munster University Philosophy Dept in 2009 and all the papers except his introductory one and his final response are from persons associated with Munster. However all the papers were written or revised later and so are one of the most up to date looks at his views available as of mid 2013. S has in my view made more fundamental contributions to higher order descriptive psychology (philosophy) than anyone since Wittgenstein (...) and has been writing world class material for over 50 years. He is also (like W before him) regarded as the best standup philosopher alive and has taught and lectured worldwide. He is also one of the clearest and most careful writers in the field so one would think that every philosopher writing an article on his work would have an up to date and accurate understanding of his ideas. Unfortunately this book shows that this is far from true. All the 11 articles make major mistakes regarding his views and regarding what he (and I) would regard as an accurate description of behavior. -/- Searle's obliviousness (which he shares with most philosophers) to the modern two systems framework and to the full implications of W’s “radical” epistemology as stated most dramatically in his last work ‘On Certainty’, is most unfortunate (as I have noted in many reviews). It was Wittgenstein who did the first and best job of describing the two systems (though nobody else has noticed) and OC represents a major event in intellectual history. Not only is Searle unaware of the fact that his framework is a straightforward continuation of W, but everyone else is too, which accounts for the lack of any significant reference to W in this book. As usual one also notes no apparent acquaintance with Evolutionary Psychology, which can enlighten all discussions of behavior by providing the real ultimate evolutionary and biological explanations rather than the superficial proximate cultural ones. -/- However, his comment on p212 is right on the money—the ultimate explanation (or as W insists the description) can only be a naturalized one which describes how mind, will, self, intention work and cannot meaningfully eliminate them as ‘real’ phenomena. Recall Searle’s famous review of Dennett’s ‘Conscious Explained’ entitled “Consciousness explained away”. And this makes it all the more bizarre that Searle should repeatedly state that we don’t know for sure if we have free will and that we have to ‘postulate’ a self (p218-219). As he notes “The neuro-biological processes and the mental phenomena are the same event, described at different levels” and “How can conscious intentions cause bodily movement?…How can the hammer move the nail in virtue of being solid? …If you analyze what solidity is causally…if you analyze what intention-in-action is causally, you see analogously there is no philosophical problem left over.” -/- Also I would state “The heart of my argument is that our linguistic practices, as commonly understood, presuppose a reality that exists independently of our representations.” (p223) as “Our life shows a world that does not depend on our existence and cannot be intelligibly challenged.” This book is valuable principally as a recent synopsis of the work of one the greatest philosophers of recent times. But there is also value in analyzing his responses to the many basic confusions manifested in the articles by others. Since this review I have written many articles extending the framework of the logical structure of rationality and commenting in depth on Searle and Wittgenstein which are all readily available on the net. -/- Those wishing a comprehensive up to date account of Wittgenstein, Searle and their analysis of behavior from the modern two systems view may consult my article The Logical Structure of Philosophy, Psychology, Mind and Language as Revealed in Wittgenstein and Searle (2016). Those interested in all my writings in their most recent versions may download from this site my e-book ‘Philosophy, Human Nature and the Collapse of Civilization Michael Starks (2016)- Articles and Reviews 2006-2016’ by Michael Starks First Ed. 662p (2016). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX . (shrink)

The scientific study of living organisms is permeated by machine and design metaphors. Genes are thought of as the ‘‘blueprint’’ of an organism, organisms are ‘‘reverse engineered’’ to discover their functionality, and living cells are compared to biochemical factories, complete with assembly lines, transport systems, messenger circuits, etc. Although the notion of design is indispensable to think about adaptations, and engineering analogies have considerable heuristic value (e.g., optimality assumptions), we argue they are limited in several important respects. In particular, the (...) analogy with human-made machines falters when we move down to the level of molecular biology and genetics. Living organisms are far more messy and less transparent than human-made machines. Notoriously, evolution is an opportunistic tinkerer, blindly stumbling on ‘‘designs’’ that no sensible engineer would come up with. Despite impressive technological innovation, the prospect of artificially designing new life forms from scratch has proven more difficult than the superficial analogy with ‘‘programming’’ the right ‘‘software’’ would suggest. The idea of applying straightforward engineering approaches to living systems and their genomes— isolating functional components, designing new parts from scratch, recombining and assembling them into novel life forms—pushes the analogy with human artifacts beyond its limits. In the absence of a one-to-one correspondence between genotype and phenotype, there is no straightforward way to implement novel biological functions and design new life forms. Both the developmental complexity of gene expression and the multifarious interactions of genes and environments are serious obstacles for ‘‘engineering’’ a particular phenotype. The problem of reverse-engineering a desired phenotype to its genetic ‘‘instructions’’ is probably intractable for any but the most simple phenotypes. Recent developments in the field of bio-engineering and synthetic biology reflect these limitations. Instead of genetically engineering a desired trait from scratch, as the machine/engineering metaphor promises, researchers are making greater strides by co-opting natural selection to ‘‘search’’ for a suitable genotype, or by borrowing and recombining genetic material from extant life forms. (shrink)

There are two traditional ways to read Kant's claim that every event necessarily has a cause: the weaker every-event some-cause and the stronger same-cause same-effect causal principles. The focus of the debate about whether and where he subscribes to the SCP has been in the Analogies in the Critique of Pure Reason and in the Metaphysical Foundations of Natural Science. By analysing the arguments and conclusions of both the Analogies and the Postulates as well as the two Latin principles non (...) datur casus and non datur fatum that summarise their results, I will argue for the novel thesis that the SCP is actually demonstrated in the Postulates of the First Critique. (shrink)

How surprising is the insight, that being equals I in the 15th lecture of the Doctrine of Science 1804/II? It might have been indeed an unexpected turn for his contemporaries in Berlin listening to Fichte for the first time, but should it be surprising for us, having at least since 2012 (the year the last volume of [Gesamtausgabe] appeared) access to all his published and unpublished works? I want to propose a way of reading Fichte, which bypasses two popular and (...) contradictory interpretations of his philosophy in the post-Jena period: (a) the Absolute is the new first principle (hence the I is just a shadow of the much higher being) and (b) his system basically remains unchanged (hence the being is nothing more than the I). At first, I analyze the functions of later Fichte’s improved version of the Kantian and Reinholdian abstract subject-object-symbolism and assign specific content to it. This will shed light on the structure and the first principle of the Doctrine of Science 1804/II. In the second section I give reasons why Fichte calls both God and I “absolute” and “pure being” and explain their relation to each other referring to a thought experiment sometimes used by Kant—an analogy between the divine and human (pure) reason. The analogical thinking of this kind remains within the borders of transcendental philosophy as long as it is used only for certain didactic purposes. (shrink)

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

It has often been said that the Chinese script is pictorial or ideographic, and that this is one of the reasons why Chinese tend to think more analogically than logically, and why in the past the natural sciences developed to a lesser degree in China than in the West. These are strong claims. They have often been oversimplified and exaggerated, but I think there is something to be said for them. Here I will focus on the first question. I will (...) argue that Chinese characters still have semantic features that create image-like qualities in a wider sense: not mere resemblances between sign and object, but family resemblances in semantic fields. The fact that Chinese is an isolating and monosyllabic language is essential in this. (shrink)

An analogy is made between two rather different domains, namely: logic, and football. Starting from a comparative table between the two activities, an alternative explanation of logic is given in terms of players, ball, goal, and the like. Our main thesis is that, just as the task of logic is preserving truth from premises to the conclusion, footballers strive to keep the ball as far as possible until the opposite goal. Assuming this analogy may help think about logic in the (...) same way as in dialogical logic, but it should also present truth-values in an alternative sense of speech-acts occurring in a dialogue. The relativity of truth-values is focused by this way, thereby leading to an additional way of logical pluralism. (shrink)

Mengzi 孟子 6A2 contains the famous water analogy for the innate goodness of human nature. Some evaluate Mengzi’s reasoning as strong and sophisticated; others, as weak or sophistical. I urge for more nuance in our evaluation. Mengzi’s reasoning fares poorly when judged by contemporary standards of analogical strength. However, if we evaluate the analogy as an instance of correlative thinking within a yin-yang 陰陽 cosmology, his reasoning fares well. That cosmology provides good reason to assert that water tends (...) to flow downward, not because of available empirical evidence, but because water correlates to yin and yin correlates to naturally downward motion. Substantiating these contentions also gives occasion to better understand the nature of correlative reasoning in classical Chinese philosophy. (shrink)

Rosenzweig's "new thinking" can be seen, among other things, as the vanishing point of two gazes: one addressed to the "old philosophy" of the past, the other to the postmodernity of the present. The goal of the present essay is therefore twofold: on the one hand, to go back retrospectively to the relationship between critical idealism and the theoretical proposal represented by "Der Stern der Erlösung"; on the other hand, to evaluate, in a perspectival way, what the latter has (...) to say in relation to the philosophy of difference. It is thus possible to investigate the meaning of philosophizing in general and to assess the relevance of Rosenzweig's thought in particular. New thinking is all the more fruitful because it exists in a close dialectic relationship with modern rationality, grasping its "up-to-here-and-no-further" boundary; at the same time, it presents analogies with the postmodern philosophy of difference, without, however, reaching the same antirational conclusions. As for the meaning of philosophizing, Rosenzweig famously thought that the religious experience of revelation could offer a space-time orientation, which is why it was the keystone of his new thinking. However, if one wants to prescind from the "belief" element and find a meaning and orientation in the alogical and purposeless context of postmodernity, one has to yearn for a form that is present in absence: this tension finds its foundation in the up-to-here-and-no-further of critical idealism and is continually reconfigured in relation to difference, both thought-of and experienced. (shrink)

I argue that Hegel and Wittgenstein, each in their own specific way, used the idea of God at the beginning of creation as a complex analogy for other kinds of beginning, most notably the beginning of philosophical thought. Hegel’s Logic describes God’s mind before the creation of the world, i.e. God’s pure thinking. For a philosopher, beginning afresh means resolving to consider this kind of abstraction from the existence of the world. Wittgenstein, by contrast, says that the idea of (...) a creator of the world does not explain anything. It marks the terminus ad quem of asking for explanations; we must not ask further who created the creator of the world. Wittgenstein generalizes this for any kind of reasoning: “Explanations come to an end somewhere.” (Philosophical Investigations: §1) Any sort of explanation must eventually arrive at its terminus ad quem, which means only that any kind of reasoning must have its logical beginning. (shrink)

Transdisciplinary analogies and metaphors are potential useful tools for thinking and creativity. The exploration of other conceptual philosophies and fields can be rewarding and can contribute to produce new useful ideas to be applied on different problems and parts of reality. The development of the so-called 'sustainability' approach allows us to explore the possibility of translate and adapt some of its main ideas to the organisation of human language diversity. The concept of 'sustainability' clearly comes from the tradition of (...) thinking that criticises the perspective of economic development that overlooks almost totally the natural environment -the precise context where this development takes place -and which thus leads it to a final end devoid of resources and clearly harmful for the life of human beings. Against this economicist view, which is blind to its very important side effects, some academic and activist enclaves have proposed the perspective of 'sustainable development' or 'lasting development'. In other words, they have theorised, constructed, and begun to practice an economic and urbanistic development respectful of, integrated into, and in keeping with the dynamics of nature. Such perspective provides a way of improving the material aspects of human life while at the same time not damaging other environmental aspects still more necessary and fundamental for the quality —and even for the simple possibility- of human existence. In fact, the view is a synthesis of possible opposed patterns. It does not renounce material and economic improvement, but nor does it exclude a fully healthy environment that is appropriate for the continuation of the species. If we now try to transfer and to apply this way of thinking to the linguodiversity reality, are there useful analogies and metaphors to be made? We believe there are, and ones that can be used to good advantage, and linked, moreover, to the traditions of thought that have always been present but perhaps even more so these last years with the drive to develop the thinking we are calling ‘eco-linguistic’. From the outset, we would underscore the will to connect apparent ‘opposites’ in an integrative conceptualisation, such as the very syntagm ‘sustainable development’. On the sociolinguistic plane, our debate should probably be about our ‘opposites’, which could be on the one hand the expansion of the dominant languages and, on the other hand, the maintenance and development of human linguistic diversity. (shrink)

Abstract: This paper traces a Kantian and pragmatist line of thinking that connects the ideas of conceptual content, object cognition, and modal constraints in the form of counterfactual sustaining causal laws. It is an idea that extends from Kant’s Critique of Pure Reason through C. I. Lewis’s Mind and the World-Order to the Kantian naturalism of Wilfrid Sellars and the analytic pragmatism of Robert Brandom. Kant put forward what I characterize as a modal conception of objectivity, which he developed (...) as an extended argument stretching from the transcendental deduction through the analogies of experience to the regulative maxims of reason and reflective judgment. In related ways in Lewis and Sellars, the very idea of an object of knowledge (and of intentionality more generally) is connected with a certain lawfulness or modal constraint the necessary representation of which, they argue, is an achievement of conceptualization. While Sellars agreed with the spirit of Lewis’s famous pragmatic conception of the a priori, Sellars’s conception of meaning and conceptual content differed in crucial ways with important consequences for this issue. I argue furthermore that a certain phenomenalist temptation threatens to spoil this insight both among some of Kant’s interpreters and in Lewis’s thought. Finally, I point out that Brandom’s “Kant-Sellars thesis” provides new support for this line of thought. Although questions concerning idealism continue to raise controversies for neo-Kantians and pragmatists, the line of thought itself represents a distinctive and still promising approach to questions concerning intentionality and conceptual content. (shrink)

Several philosophers think there are important analogies between emotions and perceptual states. Furthermore, considerations about the rational assessibility of emotions have led philosophers—in some cases, the very same philosophers—to think that the content of emotions must be propositional content. If one finds it plausible that perceptual states have propositional contents, then there is no obvious tension between these views. However, this view of perception has recently been attacked by philosophers who hold that the content of perception is object-like. I shall (...) argue for a view about the content of emotions and perceptual states which will enable us to hold both that emotional content is analogous to perceptual content and that both emotions and perceptual states can have propositional contents. This will involve arguing for a pluralist view of perceptual content, on which perceptual states can have both contents which are proposition-like and contents which are object-like. I shall also address two significant objections to the claim that emotions can have proposition-like contents. Meeting one of these objections will involve taking on a further commitment: the pluralist account of perceptual content will have to be one on which the contents of perception can be non-conceptual. (shrink)

On analogy with testimony, I define a notion of a scientific theory’s lacking or having candor, in a testing situation, according to whether the theory under test is probabilistically relevant to the processes in the test procedures, and thereby to the reliability of test outcomes. I argue that this property identifies what is distinctive about those theories that Karl Popper denounced as exhibiting “reinforced dogmatism” through their self-protective behavior (e.g., psychoanalysis, Hegelianism, Marxism). I explore whether lack of candor interferes with (...) the testing of theories, and conclude that (1) our default attitude toward theories that lack candor in a given test should be suspicion, but (2) the circumstance that a theory lacks candor in a testing situation does not preclude obtaining independent evidence for the auxiliary assumptions to which the theory is probabilistically relevant, and thereby eliminating the problem that lack of candor creates. Thus, Popper was right to think that lack of candor is a bad thing, but wrong to conclude that candor is a criterion of the scientificity of a theory. Seeing this requires recognition of some differences between intuitive relevance and probabilistic relevance, and proper appreciation of the notion of screening off and of the fact that probabilistic relevance is not transitive. (shrink)

Is it possible ontologically to think about education? Can the ontological category of “being” allow us to think of an educational human being? How can the ontological category of “being there” contextualize the educational reality in Latin America? These questions will guide an ontological reflection based on Latin-American philosophical categories “being” and “being there” for thinking about education. This reflection will propose an ontological presence of the symbol from the analogy and the educational experience, as a reality that opens (...) to new experiences in teaching and learning. (shrink)

For more than 200 years scholars have proceeded on the assumption that there was a controversy (in the sense of an argumentative exchange) between the bishop of Cork and Ross, Peter Browne (c. 1665–1735), and his nowadays more famous contemporary, the bishop of Cloyne, George Berkeley (1685–1753) about what we might call ‘the problem of divine attributes’. This problem concerns one of the most vexing issues for 17th /18th century Irish intellectuals. Simply put, it turns on two interconnected questions, namely (...) (1) an ontological question regarding God’s attributes and (2) a semantical question regarding the proper conception of analogy: -/- (1) Do God’s attributes only differ in degree or also in kind from their human counterparts? -/- (2) Is “analogical attribution” only concerned with the structure or the modus of the attribution? That is, is it a separate mode of speech (apart from the metaphorical and literal) or does it just mean we have to use analogies for our divine attributions? -/- In regard to the first question Berkeley argues the attributes of God and humans only differ in degree but not in kind (Alc. 4.22). Browne, on the other hand, is convinced that human and divine attributes differ in kind: “What Knowledge and Goodness are in the Nature of Man, that some inconceivable but correspondent Perfections are in the Nature of God […] which tho’ totally different in Kind from those Properties in us bearing the same Name” (Procedure, 138). Furthermore, Berkeley rejects the notion that analogical attribution is a separate mode of speech in addition to the literal and the metaphorical. Rather, it is an attribution made in the form of an analogy in which the words can be used literally or metaphorically (Alc. 4.21). By contrast, Browne repeatedly insists analogical attribution is more than just using analogies for attributing something to God. He thinks it is a separate mode of speech that ought to be distinguished from literal and metaphorical language (Procedure, 12, 23–29, 123–46). -/- Hence, there can be no doubt that Browne and Berkeley advance conflicting solutions to the problem of divine attributes. Yet, advancing disagreeing positions is not the same as having a (heated) argumentative exchange, i.e., a controversy. In contrast to the controversy-reading, I will defend the following view: Browne surely felt attacked by Berkeley’s elaborations in Alciphron (1732) and reacted to them in his Divine Analogy (1732/3). However, there was no argumentative exchange because Browne’s Procedure (1728) had virtually no influence on Berkeley when he was writing Alciphron. Furthermore, the available evidence suggests that Berkeley was indifferent to the (elaborate) criticisms of Alciphron found in Browne’s Divine Analogy. Thus, while the two bishops have differing positions and Browne reacted to Berkeley there is no reaction on Berkeley’s part and hence there is no argumentative exchange between the two at all, which is why their differing opinions are best described as such and not as a controversy. (shrink)

It is tempting to think (though many deny) that epistemic agents exercise a distinctive kind of control over their belief‐like attitudes. My aim here is to sketch a “bottom‐up” model of epistemic agency, one that draws on an analogous model of practical agency, according to which an agent's conditional beliefs are reasons‐responsive planning states that initiate and sustain mental behavior so as to render controlled.

This paper investigates Descartes’s understanding of the imago Dei, that it is above all in virtue of the will that we bear the image and likeness of God. I challenge the key assumption of arguments that hold that Descartes’s comparison between the human will and the divine will is problematic—that in his conception of the imago Dei Descartes is alluding to Scholastic conceptions of analogy available to him at the time, which would place particular constraints on the legitimacy of the (...) comparison. I argue instead that Descartes is evoking a different tradition regarding the nature of image and imitation, stemming from Augustine and Aquinas, and thus, that those constraints do not apply. I then argue that Descartes thinks the likeness between the human will and God’s will is that both are infinite in “extent.” This means that human will can “extend itself” not only to things that can be the object of some other will, but to things that can be the object of God’s will. This is notable because Descartes famously thinks that absolutely anything can be the object of God’s will. I explain why this interpretation is not implausible, contrary to first appearances. (shrink)

This chapter draws an analogy between computing mechanisms and autopoietic systems, focusing on the non-representational status of both kinds of system (computational and autopoietic). It will be argued that the role played by input and output components in a computing mechanism closely resembles the relationship between an autopoietic system and its environment, and in this sense differs from the classical understanding of inputs and outputs. The analogy helps to make sense of why we should think of computing mechanisms as non-representational, (...) and might also facilitate reconciliation between computational and autopoietic/enactive approaches to the study of cognition. (shrink)

This article arises indirectly out of the development of a particular approach, called ATT-Meta, to the understanding of some types of metaphorical utterance. However, the specifics of the approach are not the focus of the present article, which concentrates on some general issues that have informed, or arisen from, the development of the approach. The article connects those issues to the questions of metaphorical meaning and truth. -/- A large part of the exploration of metaphor in fields such as Cognitive (...) Linguistics and natural language Pragmatics takes metaphor to rest on complex mappings between a target subject matter and a source subject matter (see, e.g., Lakoff 1993, 2008). This is one main way in which some aspects of the source, generally including some structural aspects, can have parallels in the target. It is typical for much, and perhaps the whole, of the meaning of a metaphorical expression to be explained by means of these parallels. We will talk about “parallelism” rather than “isomorphism,” or even “analogy,” because “isomorphism” implies a strict one-to-one correspondence between items in the source scenario and items in the target scenario, and analogy theorists often hold that analogy rests on isomorphism. We wish not to prejudge the question of whether looser, messier forms of parallelism are sometimes needed. Also, we will talk about parallels rather than mappings, because our discussion will embrace the question of parallelism that may be discernible, albeit implicitly, in accounts of metaphor that are not presented as being based on mappings. Three main cases of such accounts are Relevance Theory (RT: e.g., Sperber & Wilson 2008, Wilson & Carston 2006), the categorization-based or "class-inclusion“ approach (Glucksberg 2008), and Ritchie’s (2006) CLST account (Context-Limited Simulation Theory). -/- One main issue we will address is that of substantial non-parallelism that can exist between source and target subject-matters in metaphor: more precisely, the issue that there may be source aspects that are exploited by the utterance and have a deep effect on metaphorical interpretation but that do not themselves have a natural parallel in the target subject-matter (although we will point out that artificial parallels can generally be created). This is part of a broader point that the content of metaphorical discourse should often be seen as being derived in a rather holistic way from several metaphorical bits of the discourse, which conspire to describe some source-domain scenario, rather than being derived by putting together metaphorical meanings of each metaphorical bit (even if each bit could in principle be assigned its own separate metaphorical meaning). As a result, we suggest that it is misguided to think of the propositions making up the content (or, if you like, "meaning“) about the target scenario that is being described is a matter of metaphorical meaning of specific grammatical units such as sentences, clauses or other constituents that a traditional semantic theory would assign propositional meaning to. Rather, grammatical units (that are to be taken metaphorically) have meanings in source-domain terms; content in target-domain terms is derived from the source-domain scenario depicted by those units and fleshed out through inference; and the target-domain content is only (in general) fuzzily relatable to particular grammatical units. This view is on a spectrum at whose extreme point we could place Davidson’s (1984) view that metaphors only have literal (i.e., source-domain) meanings, with other effects on the understander not being a matter of propositional content. However, on our view it is proper to take metaphorical discourse as having non-literal meaning, couched as a collection of propositions, among other things possibly; it is just that the propositions are not to be thought of (in general) as meaning of specific sentences, clauses or other grammatical units rather than of a possibly only fuzzily delineated piece of discourse. -/- A second main concern of the article is the question of how much, and what types of, inference are involved in the derivation of metaphorical meaning. While our own ATT-Meta approach accords with, amongst other accounts, Relevance Theory (RT) as to the centrality of inference in metaphor interpretation, we disagree with RT on its claim that metaphor interpretation is a matter of (a relatively high degree of) concept "broadening“ and (often) "narrowing“. We argue that almost all inference can in fact be theoretically re-described as concept broadening and/or narrowing, and what is left over should be included in the metaphor interpretation process anyway. Thus, the RT claim about broadening and narrowing really just says that inference, of unrestricted type, is involved in metaphor understanding, in accord with what ATT-Meta claims. (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)

Suppose you think that whether you believe some proposition A at some future time t might have a causal influence on whether A is true. For instance, maybe you think a woman can read your mind, and either (1) you think she will snap her fingers shortly after t if and only if you believe at t that she will, or (2) you think she will snap her fingers shortly after t if and only if you don't believe at t (...) that she will. Let A be the proposition that she snaps her fingers shortly after t. In case (1), theoretical rationality seems to leave it open whether you should believe A or not. Perhaps, for all it has to say, you could just directly choose whether to believe A. David Velleman seems to be committed to something close to that, but his view has been unpopular. In case (2), you seem to be in a theoretical dilemma, a situation where any attitude you adopt toward A will be self-undermining in a way that makes you irrational. Such theoretical dilemmas ought to be impossible, just as genuine moral dilemmas ought to be impossible, but it is surprisingly hard to show that they are (perhaps because they aren't). I study cases analogous to (1) and (2) in a probabilistic framework where degrees of belief rather than all-or-nothing beliefs are taken as basic. My principal conclusions are that Velleman's view is closer to the truth than it is generally thought to be, that case (2) type theoretical dilemmas only arise for hyperidealised agents unlike ourselves, and that there are related cases that can arise for agents like us that are very disturbing but might not quite amount to theoretical dilemmas. (shrink)

Why did human beings throughout the millennia so often think about a doomsday? Could there be a profit to our inner pleasure and pain equilibrium, when believing that doomsday is nearing, an idea suggested by Sigmund Freud? An analogous instinctive dynamics was thought by Nietzsche who wrote that human beings do prefer to want the nothingness rather than not to want anything at all. In this essay, 'Melancholia', a movie by Lars von Trier, is taken as an exquisite masterpiece, a (...) grandiose exposition of Schopenhauer and Nietzsche Philosophies.. (shrink)

Philosophers of perception are familiar with the argument from illusion, at least since Hume formulated it to challenge a naïve form of realism. In this paper, I present an analogous argument but in the domain of action. It focuses on slips, a common kind of mistake. But, otherwise, it is structurally similar. The argument challenges some contemporary views about the nature of action inspired by Wittgenstein. The discussion shows how thinking about these common mistakes helps illuminate aspects of human (...) agency that tend to be overlooked whenever too much emphasis is placed on the rationality of human actions. (shrink)

The book explores the impact of manuscript remarks during the year 1929 on the development of Wittgenstein’s thought. Although its intention is to put the focus specifically on the manuscripts, the book is not purely exegetical. The contributors generate important new insights for understanding Wittgenstein’s philosophy and his place in the history of analytic philosophy. -/- Wittgenstein’s writings from the years 1929-1930 are valuable, not simply because they marked Wittgenstein’s return to academic philosophy after a seven-year absence, but because these (...) works indicate several changes in his philosophical thinking. The chapters in this volume clarify the significance of Wittgenstein’s return to philosophy in 1929. In Part 1, the contributors address different issues in the philosophy of mathematics, e.g. Wittgenstein's understanding of certain aspects of intuitionism and his commitment to verificationism, as well as his idea of "a new system". Part 2 examines Wittgenstein's philosophical development and his understanding of philosophical method. Here the contributors examine particular problems Wittgenstein dealt with in 1929, e.g. the colour-exclusion problem, and the use of thought experiments as well as his relationship to Frank Ramsey and philosophical pragmatism. Part 3 features essays on phenomenological language. These chapters address the role of spatial analogies and the structure of visual space. Finally, Part 4 includes one chapter on Wittgenstein’s few manuscript remarks about ethics and religion and relates it to his Lecture on Ethics. -/- Wittgenstein’s Philosophy in 1929 will be of great interest to scholars and advanced students working on Wittgenstein and the history of analytic philosophy. (shrink)

This chapter intervenes in recent debates in Kant scholarship about the possibility of a general logical alien. Such an alien is a thinker whose laws of thinking violate ours. She is third-personal as she is radically unlike us. Proponents of the constitutive reading of Kant’s conception of general logic accordingly suggest that Kant rules out the possibility of such an alien as unthinkable. I add to this an often-overlooked element in Kant’s thinking: there is reason to think that (...) he grants—and in fact presupposes—the possibility of a transcendental logical alien. Such an alien is a knower whose laws of experience purport to violate ours. She is first-personal as she is radically like us. In other words, she is us, insofar as we are alienated from ourselves and our experience. I go on to draw an analogy between her, a dogmatist, and another transcendental alien, an evil agent. Just as a dogmatist is alienated from her (our) experiential laws, an evil agent is alienated from her (our) moral law. These forms of theoretical and practical self-conceit require self-knowledge in the form of a critique of speculative or practical reason. In bringing this point out, I aim to shift from the question of whether logical laws constitute our thinking to the question of whether grasping our experiential and moral laws as our laws constitutes our reason. (shrink)

While epistemologists have long debated what it takes for beliefs to be justified, they've devoted much less collective attention to the question of what it takes for beliefs to be excused, and how excuses differ from justifications. This stands in contrast to the state of affairs in legal scholarship, where the contrast between justifications and excuses is a standard topic in introductory criminal law textbooks. My goal in this paper is to extract some lessons from legal theory for epistemologists seeking (...) to distinguish epistemic justifications from epistemic excuses. First, I'll provide a brief overview of appeals to the justification/excuse distinction in epistemology, focusing on the internalism/externalism debate. Then, I'll identify some choice points in legal theory for how to think about the function of the justification/excuse distinction, and will in turn correspond to analogous choice points in epistemology. Ultimately, I'll argue that depending on which way we go at some crucial junctures, we can motivate either a traditional, non‐factive, internalist conception of justification, or a purely factive one where truth is all that's required for a belief to be justified. But there's no clear path, via legal theory, to view that only beliefs that amount to knowledge are justified. (shrink)

Some advances in bioethics regarding ethical considerations that arise in the context of medical research can also be relevant when thinking about the ethical considerations that arise in the context of SoTL research. In this article, I aim to bring awareness to two potential ethical challenges SoTL researchers might face when playing a dual role of teacher and researcher that are similar to the challenges physicians face in their dual role of physician and researcher. In this article, I argue (...) that two commonly discussed concerns in bioethics---the need for clinical equipoise and the possibility of a therapeutic misconception---have analogies when conducting some types of research on students. I call these counterparts educational equipoise and the educational misconception. (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.

In his book The Sensory Order, Hayek anticipates many of the central ideas behind what we now call the connectionist paradigm, and develops on this basis a theory of the workings of the human mind that extends the thinking of Hume and Mach. He shows that the idea of neural networks is can be applied not only in psychology and neurology but also in the sphere of economics. For the mind, from the perspective of The Sensory Order, is a (...) dynamic, relational affair that is in many respects analogous to a market process. The mind, as Hayek puts it, is a 'continuous stream of impulses, the significance of each and every contribution of which is determined by the place in the pattern of channels through which they flow' , so that the flow of representative neural impulses can be compared 'to a stock of capital being nourished by inputs and giving a continuous stream of outputs'. (shrink)

As philosophical and scientific arguments for free will skepticism continue to gain traction, we are likely to see a fundamental shift in the way people think about free will and moral responsibility. Such shifts raise important practical and existential concerns: What if we came to disbelieve in free will? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some (...) maintain or would it rather have a humanizing effect on our practices and policies, freeing us from the negative effects of belief in free will? In this chapter we consider the practical implications of free will skepticism and argue that life without free will and basic desert moral responsibility would not be as destructive as many people believe. We argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for example, would not be threatened. On treatment of criminals, we argue that although retributivism and severe punishment, such as the death penalty, would be ruled out, preventive detention and rehabilitation programs would still be justified. While we will touch on all these issues below, our focus will be primarily on this last issue. -/- We begin in section I by considering two different routes to free will skepticism. The first denies the causal efficacy of the types of willing required for free will and receives its contemporary impetus from pioneering work in neuroscience by Benjamin Libet, Daniel Wegner, and John-Dylan Haynes. The second, which is more common in the philosophical literature, does not deny the causal efficacy of the will but instead claims that whether this causal efficacy is deterministic or indeterministic, it does not achieve the level of control to count as free will by the standards of the historical debate. We argue that while there are compelling objections to the first route—e.g., Al Mele (2009), Eddy Nahmias (2002, 2011), and Neil Levy (2005)—the second route to free will skepticism remains intact. In section II we argue that free will skepticism allows for a workable morality, and, rather than negatively impacting our personal relationships and meaning in life, may well improve our well-being and our relationships to others since it would tend to eradicate an often destructive form of moral anger. In section III we argue that free will skepticism allows for adequate ways of responding to criminal behavior—in particular, incapacitation, rehabilitation, and alternation of relevant social conditions—and that these methods are both morally justified and sufficient for good social policy. We present and defend our own preferred model for dealing with dangerous criminals, an incapacitation account built on the right to self-protection analogous to the justification for quarantine (see Pereboom 2001, 2013, 2014a; Caruso 2016a), and we respond to recent objections to it by Michael Corrado and John Lemos. (shrink)