In this paper, I first present an overview of Asay’s _A Theory of Truthmaking_, highlighting what I take to be some of its most attractive features, especially his re-invigoration of the ontological understanding of truthmaking and his defence of ontology-first truthmaking over explanation-first truthmaking. Then, I articulate what I take to be a puzzling potential inconsistency: (a) he appeals to considerations to do with aboutness in criticising how well ontological views account for truth while (b) ruling out aboutness from the (...) right account of truthmaking. He argues, instead, that necessitation is both necessary and sufficient for truthmaking (§3.3). I suggest that adding aboutness to one’s account in the right way is not just compatible with but important for ontology-first truthmaking. I do all this to invite Asay to clarify his position on these matters. Overall, Asay’s worldview displays the fruitfulness of an ontologically serious approach to metaphysics that puts truthmaking centre-stage. (shrink)

There is a remarkable trend in contemporary environmentalism that emphasizes ‘accepting responsibility’ for the natural world in contrast to outdated preservationist thinking that shirks such responsibility. This approach is often explained and justified by reference to the anthropocene: this fundamentally new epoch—defined by human domination—requires active human intervention to avert planetary catastrophe. However, in this paper, I suggest this rhetoric encourages a flight from history. This often jubilant, sometimes anxious, yearning for unprecedented human innovation and—ultimately—control in our new millennia mirrors (...) the Futurist movement that took off near the beginning of the last century. Despite the significant differences in the details of how academics have defended this twenty-first-century environmental outlook, they all represent the true flight from history; they too quickly jettison the ideas of historical environmentalists and so misunderstand the environmental values at the heart of preservation that are more salient than ever. (shrink)

A central tenet of truthmaker theory is that necessitation is necessary for truthmaking (NEC). This paper defends NEC in a novel, piecemeal way, namely by responding to a potential counterexample involving a changing past. If Carter won a race at t1 but is later disqualified at t2, then Carter no longer won at t1. A wholly past event seems to have changed in the future. The event makes ‘Carter won the race at t1’ (RACE) true between t1‐2 but fails to (...) make it true at t2. So, we have a potential counterexample to necessitation: a truthmaker of RACE fails in another context to make the same truthbearer RACE true. I argue that the best solution to this challenge is not that there are different truthbearers at t1‐2 and t2 (the semantic response), or that RACE was never true because of the future disqualification or will always be true despite the future disqualification. The best solution is to accept that the past can change: past events can change based on what happens in the future (e.g., via their effects). This paper's novel defence of necessitation will illustrate the importance of utilising explicitly ontological and commonsensical tools in accounting for truth. (shrink)

I am grateful to Donald Ainslie, Lisa Austin, Michael Blake, Abraham Drassinower, David Dyzenhaus, George Fletcher, Robert Gibbs, Louis-Philippe Hodgson, Sari Kisilevsky, Dennis Klimchuk, Christopher Morris, Scott Shapiro, Horacio Spector, Sergio Tenenbaum, Malcolm Thorburn, Ernest Weinrib, Karen Weisman, and the Editors of Philosophy & Public Affairs for comments, and audiences in the UCLA Philosophy Department and Columbia Law School for their questions.

At the end of the 19th century, most professional historians – wherever they existed – deemed history to be a form of knowledge ruled by a method that bears no resemblance with those most commonly traceable in the natural sciences. The bulk of the historian’s task was then frequently regarded as being the application of procedures frequently referred to as ‘historical method’. In the context of such an emerging interest on historical methods and methodology, at least three textbooks stand out: (...) Johann Gustav Droysen’s Grundriss der Historik (Outline of the Theory of History), Ernst Bernheim’s Lehrbuch der historischen Methode (Handbook of Historical Method), and Charles Langlois and Charles Seignobos’s Introduction aux études historiques (Introduction to the Study of History). These books were quite influential in Germany, France, and elsewhere, and they very much helped promote a general idea of historical method that would become relatively consensual among historians of many nationalities by the early 20th century. Such a relative agreement on historical method sponsored both the communication and the development of a sense of disciplinary identity among historians trained within different and sometimes conflicting national traditions. It was then partially extended, partially challenged, and surely made more complex when, from the 1920s on, social and economic historians became a good part of the historiographical establishment in many countries. -/- The three books by Droysen, Bernheim, and Langlois and Seignobos were already pieced together by Rolf Torstendahl, who studied them as a group of texts that, despite their differences, contributed to shape the developments outlined above. However, Torstendahl’s primary aim was to show how Droysen, Bernheim, and Seignobos all resorted to ‘method’ as a way to circumvent skepticism against the possibility of historical knowledge, rather than investigate the internal interrelationships between the three texts. In this chapter I follow precisely this latter, not yet taken, road, focusing on crucial cross-references between the Grundriss, the Lehrbuch, and the Introduction. I intend to show that, at a general level, the schemes of historical method found in these texts are largely convergent, and that this convergence is due to Bernheim’s reading of Droysen and to Langlois and Seignobos’s reading of Bernheim. I will attempt to do it through a regressive approach that starts with an analysis of the Introduction. Aspects of the editorial history and circulation of the three texts will also be briefly addressed, as a way to illustrate their special importance within the framework of early 20th century historical theory. Because my argument calls for a focus on the most general lines of Droysen’s, Bernheim’s, and Langlois and Seignobos’s schemes of historical method, I will, for the sake of consistency, refrain from analysing in-depth the complex epistemological and ontological arguments in which those schemes are nested. (shrink)

Withdrawal involves emotional pain that motivates much addictive behavior. In this paper, I argue that the emotional pain of withdrawal compels much addictive behavior. Researchers have noticed this possibility but it is widely underappreciated. Among philosophers, only Hanna Pickard has discussed emotional compulsion in addiction, and the emotional aspect of withdrawal has been almost completely neglected. Accounts of emotional compulsion in the philosophical literature (from Tappolet, Elster, and Furrow) probably do not capture how the distress of withdrawal compels, so I (...) propose a more suitable account of “pathodoxastic” compulsion in addiction. On this account, the emotional pain of withdrawal compels when it undermines the ability to believe that one can continue to endure it, and therefore the ability to intend abstinence. (shrink)

Since W. B. Gallie introduced the notion of essentially contested concepts (ECCs) in 1956, social science scholars have increasingly used his framework to analyze key concepts drawing “endless disputes” from contestant users. Despite its merits, the ECC framework has been limited by a neglect of social, cultural, and political contexts, the invisibility of actors, and its ahistorical character. To understand how ECCs evolve and change over time, I use a conceptual history approach to study the concept of philanthropy, recently labeled (...) as an ECC. Using France during classical modernity as a case study, I analyze key events and actors from the concept’s inception in 1712 as a virtue of the Enlightenment to its triumph after 1789 as a secular alternative to Catholic charity, until its decline at the end of the nineteenth century as a new consensus emerged around the concept of solidarity. By introducing the notion of historically contested concepts, I make several contributions to research on ECCs, conceptual contestation, and conceptual change. (shrink)

For a long time philosophers have struggled to reach a definition of knowledge that is fully satisfactory from an intuitive standard. However, what could be so fuzzy about the concept of knowledge that it makes our intuitions to not obviously support a single analysis? One particular approach from a naturalistic perspective treats this question from the point of view of the psychology of concepts. According to it, this failure is explained by the structure of our folk concept of knowledge, which (...) organizes its constitutive information in a much looser way than we assume when we rely on intuitive knowledge ascriptions. I will adopt the same starting point here, but argue against the proposed answer and defend the view that this difficulty is explained not by something related to the specific structure of our concept of knowledge but, on the contrary, by its lack of structure. I claim that our folk concept of knowledge should be understood as a primitive mental state concept. (shrink)

Throughout Alexandre Herculano’s historical oeuvre claims of impartiality are mingled with the partiality of the beliefs, ideals, and interests that give shape to the author’s point of view. One can trace in it both the commitment to the disinterested search for truth and the pragmatic intention to remodel the relations of Portuguese society with its past and with the effects of this past on the present. This text revisits Herculano’s major historical writings with the aim of understanding how it is (...) possible for historical texts to be or claim to be at the same time true and useful, objective and engaged, impartial and partial. I intend to show that those oppositions not necessarily entail paralyzing contradictions, and that good historians such as Herculano are usually capable of drawing from them a great amount of intellectual energy. Focusing on the tension between impartiality and partiality, and supported by close readings and contextual analyses, I will try to demonstrate that such tension configures itself in at least two different modes, which in turn depend on the positive or negative significance the studied past turns out to have for the person who studies it. (shrink)

Kompensation is the keyword for an influential answer to the problem of the function of the human sciences in the contemporary world. It emerged in the second half of the twentieth-century in the field of German philosophy, and its chief message is that the human sciences have the task of compensating modern societies and individuals for cultural losses generated within the course of modernization (for instance, by the spread social relations of a new, abstract, non-traditional kind; or by the accelerating (...) progress of technology). The compensation-theory can be stressed as one of the main ideational sets against which Jörn Rüsen developed his own theory of history. This paper focuses on the agonistic relationship between these two theories that attempt to elucidate what is the value and the use of historical studies. My interpretative bet is that by doing so we will better understand important aspects of Rüsen’s theoretical reflections on history and historiography that have not yet received sufficient attention. I will show that Rüsen rejects the compensation-theory not only because he disagrees with the scientific division of labor it entails – which ascribes to the human sciences the relatively modest role of attempting to preserve some of what modernity needs to destroy. I will try to explain how that rejection is also due to more fundamental differences between Rüsen and the compensation-theorists, more specifically their differing understandings of modernity, and their dissent regarding how should the complex interrelationship between knowledge, politics, and the future be configured. -/- “Compensação” é a palavra-chave que sintetiza uma influente resposta ao problema da função das ciências humanas no mundo contemporâneo. Originária do universo da filosofia alemã da segunda metade do século 20, tal resposta sustenta, em linhas gerais, que as ciências humanas servem como uma espécie de indenização espiritual por prejuízos culturais causados pela modernização a sociedades e indivíduos (no bojo, por exemplo, da disseminação de novas relações sociais abstratas e não-tradicionais, ou do acelerado progresso dos meios técnicos). A teoria da compensação pode ser apontada como um dos principais conjuntos de ideias a que se contrapõe a teoria da história de Jörn Rüsen. O presente texto enfoca a relação agonística entre essas duas teorias, no centro das quais está o problema do valor e da utilidade dos estudos históricos. Lançar luz sobre tal relação – esta é a minha aposta interpretativa – é uma maneira de compreender melhor aspectos importantes das reflexões de Rüsen sobre história e historiografia que até agora ainda não receberam a atenção que lhes é devida. Quero mostrar que Rüsen rejeita a teoria da compensação não só porque discorda da divisão do trabalho científico nela apregoada, a qual atribui às ciências humanas o papel relativamente modesto de tentar conservar alguma parte daquilo que a modernização ameaça destruir. Procurarei explicar como tal rejeição também se deve a diferenças mais fundamentais existentes entre Rüsen e os teóricos da compensação, mais especificamente, às suas divergências de entendimento quanto à natureza da modernidade e quanto ao modo de configurar a complexa inter-relação entre conhecimento, política e futuro. (shrink)

The text addresses conceptions of human selfhood and humankind as developed by two major nineteenth-century German-speaking historians, Johann Gustav Droysen and Jacob Burckhardt. It aims at ascertaining to what extent the historical anthropologies proposed by both authors can be considered to be humanistic. We will attempt to provide an answer to this question while locating and discussing both humanistic and anti-humanistic features in their texts. Humanism is understood here as a perspective that emerged within the framework of the philosophy of (...) the Enlightenment, for example, in Immanuel Kant's ethics and in Friedrich Niethammer's pedagogy. On the one hand, we will define Droysen's and Burckhardt's anthropologies as humanistic, stressing their intellectual connection to the universalistic notions of humankind and human nature developed in the late eighteenth-century. On the other, we will relativize this predicament by exploring their main anti-humanistic traits, i.e. nationalism, with regard to Droysen, and aestheticism, in the case of Burckhardt. (shrink)

Advocates of dynamic systems have suggested that higher mental processes are based on continuous representations. In order to evaluate this claim, we first define the concept of representation, and rigorously distinguish between discrete representations and continuous representations. We also explore two important bases of representational content. Then, we present seven arguments that discrete representations are necessary for any system that must discriminate between two or more states. It follows that higher mental processes require discrete representations. We also argue that discrete (...) representations are more influenced by conceptual role than continuous representations. We end by arguing that the presence of discrete representations in cognitive systems entails that computationalism (i.e., the view that the mind is a computational device) is true, and that cognitive science should embrace representational pluralism. (shrink)

This review article provides a new perspective on the ethics of green nudging. We advance a new model for assessing the ethical permissibility of green nudges (GNs). On this model, which provides normative guidance for policymakers, a GN is ethically permissible when the intervention is (1) efficacious, (2) cost-effective, and (3) the advantages of the GN (i.e. reducing the environmental harm) are not outweighed by countervailing costs/harms (i.e. for nudgees). While traditional ethical objections to nudges (paternalism, etc.) remain potential normative (...) costs associated with GNs, any such costs must be weighed against the injunction to reduce environmental harm to third parties. (shrink)

Arthur C. Danto did not live to witness the proliferation of AI in artistic creation. However, his philosophy of art offers key ideas about art that can provide an interesting perspective on artwork generated by artificial intelligence (AI). In this article, I analyze how his ideas about contemporary art, intention, interpretation, and authorship could be applied to the ongoing debate about AI and artistic creation. At the same time, it is also interesting to consider whether the incorporation of AI (...) into artistic creation marks a new chapter in the narrative, which seems to have reached its end, or if it represents a significant rupture with past artistic traditions. (shrink)

Arthura Kaufmanna filozofia prawa wyrasta przede wszystkim z neokantyzmu aksjologicznego reprezentowanego przez „późnego” Gustava Radbrucha, którego uważał on za najważniejszego ze swych nauczycieli, oraz z hermeneutyki filozoficznej Hansa-Georga Gadamera. W późniejszym okresie znaczący wpływ na Kaufmanna wywarł Charles S. Peirce, którego pracami posiłkował się opracowując problematykę analogii (wiążąc ją z opracowanym przez Pierca zagadnieniem abdukcji) oraz ontologii relacji. Niektóre wątki poglądów Kaufmanna nawiązują do egzystencjalizmu Karla Jaspersa oraz antropologii Karla Löwitha. Obecne są także inspiracje tomistyczne i arystotelesowskie. Jest to filozofia (...) prawa o charakterze maksymalistycznym. Kaufmann wpisuje się w sięgającą starożytności tradycję uprawiania filozofii, w której stawia się pytania o całość; filozofia pyta o to, co to jest "byt w ogóle", byt "w całości"; filozofia prawa stawia pytania o to, co to jest prawo "w całości", prawo "w ogóle" . Podejmuje wprost fundamentalne zagadnienia należące do zasadniczych dziedzin filozoficznych – epistemologiczne, ontologiczne, etyczne, nie stroniąc także od zagadnień z zakresu logiki. Uprawiana przez niego filozofia ma charakter systemowy, co sprawia, że jej zrozumienie zakłada ujęcie całości propozycji. Sam Kaufmann uważa, że systemy filozofii prawa należą już do historii, jednak ta uwaga jest o tyle jedynie trafna w odniesieniu do niego samego, że jego filozofia prawa – w zgodzie z jego deklaracjami – nie zmierza do „gotowych rozwiązań” konkretnych kwestii prawnych, ale zmierza do ukształtowania pewnego sposobu refleksji nad prawem. Jego koncepcja jest ważnym głosem w sporze klasycznego pozytywizmu z koncepcjami niepozytywistycznymi. Za prawo w pełnym tego słowa znaczeniu uznaje konkretne rozstrzygnięcie, co niewątpliwie łączy jego podejście z amerykańskim realizmem prawnym. Rekonstruowana przez Kaufmanna struktura procesu „urzeczywistniania” prawa, dokonywana w kontekście i na użytek kultury prawnej typu kodeksowego, kontynentalnego, uwyraźnia obecność elementów typowych dla kultury prawa precedensowego –wnioskowanie od przypadku do przypadku. Jednocześnie za istotny problem każdego porządku normatywnego uznaje uogólnienie. Jest to znamienny teoretyczny wyraz narastającej świadomości współwystępowania obok siebie zasadniczych elementów każdego z tych typów kultur prawnych. Kaufmann trafnie dostrzega, że w konkretnym rozstrzygnięciu są obecne elementy normatywne wykraczające poza to, co jest zawarte w aktach normatywnych. Podobnie jak Ronald Dworkin, Kaufmann wskazuje, że dokonujący rozstrzygnięcia, czy tego chce, czy nie, „stosuje” szereg elementów normatywnych spoza aktów normatywnych. Analizy prowadzą do wniosku, że propozycja Kaufmanna zawodzi, gdy przechodzi on do ontologicznych uogólnień, przede wszystkim przez brak uwzględnienia w swych podstawach takich punktów odniesienia, które są zewnętrzne wobec badanego procesu „urzeczywistniania” prawa. To, czym jest osoba, determinowane jest systemem prawnym i kulturą, w której prawo funkcjonuje. Przy takim ujęciu Kaufmann nie osiąga jednego z ważnych celów, do którego zmierzał, nie wskazuje kryteriów pozwalających stwierdzić, czy stopniowa – dokonywana zgodnie z odkrytymi przez hermeneutykę filozoficzną wymaganiami poprawnego rozumienia – zmiana normatywnego sensu systemu prawnego zmierza ku „ustawowemu bezprawiu”, czy też nie. (shrink)

The article is an attempt to pinpoint the areas of Ludwig Wittgenstein aesthetic thought, in which he is crossing the borders principally imposed upon the method and the language of his philosophy. I am directing my attention to metaphysical and mystical motifs of his reflection devoted to aesthetics, the essence of art and the essence of reality. I wish to discuss this issue based on the texts of Arthur C. Danto containing analysis of chosen notions of Wittgenstein’s aesthetic investigations. (...) Additionally in this matter I am appealing to appropriate theses of Leszek Sosnowski and Wojciech Sady, concerning above issues. (shrink)

Arthur Danto’s recent book, Andy Warhol, leads the reader through the story of the iconic American’s artistic life highlighted by a philosophical commentary, a commentary that merges Danto’s aesthetic theory with the artist himself. Inspired by Warhol’s Brillo Box installation, art that in Danto’s eyes was indiscernible from the everyday boxes it represented, Danto developed a theory that is able to differentiate art from non-art by employing the body of conceptual art theory manifest in what he termed the ‘artworld’. (...) The strength of Danto’s theory is found in its ability to explain the art of the post-modern era. His body of work weaves philosophy, art history and art criticism together, merging his aesthetic philosophy with his extensive knowledge of the world of art. Danto’s essentialist theory of embodied meaning provides him with a critical tool that succeeds in explaining the currents of contemporary art, a task that many great thinkers of art history were unable to do. If Warhol inspired Danto to create a philosophy of art, it is appropriate that Danto write a tribute to Warhol that traces how Warhol brought philosophy into art. Danto’s account of ‘Warhol as philosopher’ positions him as a pivotal figure in the history of twentieth-century art, effecting a sea change in how art was made and viewed. Warhol achieved this by conceiving of works that embodied the answers to a series of philosophical puzzles surrounding the nature of art. Warhol, as Danto describes him, manifests himself in his art because he had transformed himself, in a way, into an icon of the times. This pragmatist notion that art should undermine the dichotomies that exist between art and life would, by some accounts, position Warhol to be the philosopher that Danto claims him to be, for he dissolved the philosophical questions posted by late modern aesthetic thinkers by creating art that imploded the accepted notions of art at the time. One of Danto’s greatest contributions to aesthetics is his theory’s ability to distinguish art from non-art, recognizing that it is the artist’s intention that levels the sublimity of art into the commonplace, thereby transfiguring the everyday. However, acknowledging this achievement, I argue that Warhol’s philosophical contribution actually manifests itself in a manner different from that proposed by Danto. Danto maintains that the internal drive of art leads to the unfolding of art theoretical concepts that ineluctably shift the terrain of world of art. I would agree with Danto that Warhol, almost as Hegel viewed Napoleon as Geist on a horse, pushed forward the boundaries of art through the actualization of art’s internal drive. But I would disagree that the conceptual nature of art is one that unfolds merely as a relation of concepts that artists trace through a connection to the meaning of history they forge using their unmediated grasp of style. Rather, I would argue that the artist’s style is not bound so narrowly to the meanings they express. Through their aesthetic articulations, artists initiate a process of social interaction. This process employs the philosophical logic which Danto attributes to Warhol indirectly, and through it, it is able to transfigure the vocabulary of art—the concepts of the artworld—by superseding the language of modernism. Warhol’s philosophical contribution is seen in his mastery of both the medium of art and the underlying logic of the medium’s expression and reception. (shrink)

Arthur Pap worked in analytic philosophy while maintaining a strong Kantian or neo-Kantian element throughout his career, stemming from his studying with Ernst Cassirer. I present these elements in the different periods of Pap’s works, showing him to be a consistent critic of logical empiricism, which Pap shows to be incapable of superseding the Kantian framework. Nevertheless, Pap’s work is definitely analytic philosophy, both in terms of the content and the style. According to Pap, the central topics of analytic (...) philosophy concern meaning, modality, and analysis. Pap was also influenced by pragmatism, especially in his dissertation, although he does not fully embrace it in either its classical or its Quinean form. (shrink)

The Pfizer-BioNTech coronavirus vaccine is 90 percent effective in protecting against COVID-19. It would not have been possible without the tireless effort of Professor Katalin Karikó, a scientific innovator fitting the mold of dynamic inventor Arthur Diamond presents in his book, Openness to Creative Destruction Sustaining Innovative Dynamism. Not only did Professor Karikó persist in her beliefs in the therapeutic potential of synthetic messenger RNA over the course of four decades, but she did so despite the criticisms of other (...) scientists and despite lack of financial backing for large parts of her career. Professor Karikó is a good example of the unconventional picture that Diamond paints of entrepreneurs in a specific version of market capitalism he terms, innovative dynamism. Specifically, she is an example of someone who does not hold prevailing academic theories in too high a regard and instead privileges her tacit knowledge (knowledge gained from years of working with mRNA in the lab) to persist believing in the potential of a therapy that now could quite literally save the world. Most surprisingly, she, like most of the entrepreneurs surveyed in the book, seem not primarily motivated by profit, though the money their projects eventually attract is integral to disseminating their creative ideas to the masses. -/- Are the many examples offered by Diamond that are similar to Professor Karikó’s story evidence against the long-standing suspicion that there is something morally damning in the self-interested motivations of innovative entrepreneurship? Is it the case that others would have inevitably pursued the cure that Karikó pursued, regardless of economic system? In light of COVID-19 and other high-pressure situations, ought we to care how we constrain the innovators who develop solutions? Diamond’s case for the economic system, innovative dynamism, seeks to answer these and other important questions concerning our political and cultural treatment of innovators and entrepreneurs. This review critically assesses his efforts. I make my case by first reviewing the major argumentative structure of the book, then I summarize and evaluate the three major themes Diamond presents in the book: (1) what is innovative dynamism and who are its competitors, (2) what are the major benefits of innovative dynamism, (3) who is the innovative entrepreneur and how do we support him or her? (shrink)

Richard Arthur and I proposed that the present in Minkowski spacetime should be thought of as a small causal diamond. That is, given two timelike separated events p and q, with p earlier than q, they suggested that the present is the set I+ ∩ I-. Mauro Dorato presents three criticisms of this proposal. I rebut all three and then offer two more plausible criticisms of the Arthur/Savitt proposal. I argue that these criticisms also fail.

The striking title The End of Art managed to draw attention to the philosophical work of Arthur Danto. However, the lack of a systematic development which could support this thesis made him face harsh criticism. However, strong foundations for his statements can be deduced from his writings. In this paper, I analyse how to understand the thesis of the ‘end of art’. It should be approached not as a monolitical notion but as a complex concept that combines three different (...) senses: 1) the ‘end of art’ in the Hegelian sense: the conversion of art into philosophy, 2) the ‘end of art’ in the historiographical sense: as the end to the narratives of the history of art, and 3) the ‘end of art’ as the beginning of a new period in history, where Danto’s philosophy of art would be fully valid. (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)

Tekst dotyczy zaproponowanej przez Arthura Kaufmanna koncepcji prawa do sprzeciwu (wobec władzy - wobec niesprawiedliwych ustaw) "w drobnej monecie". Koncepcja ta stanowi punkt wyjścia do refleksji nad formułą Radbrucha (nad czymś, co określam mianem "ciemnej strony" formuły Radbrucha), nad możliwością modyfikacji tej formuły i nad rozproszoną kontrolą konstytucyjności jako sposobem realizacji prawa do sprzeciwu "w drobnej monecie".

In The World as Will and Representation (Vol. I, Book 3, § 52) by Arthur Schopenhauer we find the following, striking words: It is just this universality that belongs uniquely to music, together with the most precise distinctness, that gives it that high value as the panacea of all our sorrows. (p. 262) Accordingly, music ... is in the highest degree a universal language ... Yet its universality is by no means that empty universality of abstraction, but is of (...) quite a different kind; it is united with thorough and unmistakable distinctness. (p. 262) ... music expresses in an exceedingly universal language, in a material, that is, in mere tones, and with the greatest distinctness and truth, the inner being, the in-itself, of the world, which we think of under the concept of will (p. 264). These quotations contain an outright paradox: the meanings of music should be at the same time universal in the highest degree and characterised by the greatest distinctness. As it turns out this paradox does not follow merely from Schopenhauer's liking for brilliant, rethorical formulations. For it occurs in many contexts concerned with the expressive meaning of art, and especially music. Other occurrences of the dilemma are to be found in the writings of Felix Mendelssohn-Bartholdy and in the aesthetic theory of Susanne Langer formulated in chapter VIII, >On the Significance in Music of her book Philosophy in a New Key and it would be possible to quote many other sources. The persistently recurring nature of this paradox confirms that the issue will be central to any attempt at a complete theory of musical meaning. Furthermore, it may be essential for it to be resolved first if one aims to make sense of the relationship between musical and linguistic forms of meaning and, consequent upon this, to address the much debated question of whether music itself can be considered to be a language of the emotions. An attempt at a solution to the paradox in question constitutes the subject of this paper. For this purpose the framework and some notions of Langer's theory are used. The solution which I propose takes the form of distinguishing between two distinct notions of generality (which I will term 'generality' and 'abstractness'), as well as two distinct notions of particularity (which I will term 'specificity' and 'concreteness'), and involves assigning technically precise meanings to these with a view to constructing two relatively independent oppositions: on the one hand the concrete versus the abstract and, on the other, the specific versus the general. (Hints at such a solution are to be found both in Schopenhauer and in Langer). With the help of these notions it is, I believe, then possible to show that the arguments often quoted to the effect that musical meanings possess a certain generality in fact justify no more than their abstractness, while arguments usually thought to demonstrate that they possess a certain particularity in fact show only their specificity (but not concreteness). Consequently, musical meanings are shown to be abstract but specific, which does not entail any contradiction since these notions are independent and not opposed to each other. At the same time, musical meanings may then be contrasted with linguistic meanings, which themselves are abstract and general. If, however, each of the notions of abstractness and generality is understood as also permitting gradations, it will be the case that whereas linguistic meanings may be said to be more general (i.e. less specific) than musical ones, the latter are without any doubt more abstract than the former. (shrink)

In the past twenty years, scholarly interest in John Dewey's later writings has surged. While later works such as Art as Experience (1934), Logic: The Theory of Inquiry (1938), and Freedom and Culture (1939) have received considerable attention, Knowing and the Known (1949), Dewey's late-in-life collaboration with Arthur F. Bentley, has been largely neglected. A common bias among Dewey scholars is that this work, instead of developing Dewey's Logic, departs from its spirit, reflects the overbearing influence of Bentley on (...) Dewey (who was at the time an octogenarian), and, therefore, merits little serious scholarly consideration. However, Dewey and Bentley engaged in an extended correspondence, collected in John Dewey and Arthur Bentley: A Philosophical Correspondence, 1932-1951 (1964), the result of which was no less than a watershed moment in Dewey's thinking on the experimental method of inquiry. The Logic was improved in ways that incorporated the insights of Charles Sanders Peirce's logic and developed Dewey's earlier work in a direction expressly intended by the aging pragmatist. Indeed, Dewey writes in correspondence with his co-author: "You [Bentley] shouldn't lean too heavily on the [1938] Logic; it wasn't a bad job at the time, but I could do better now [with Knowing and the Known]; largely through association with you and getting the courage to see my thing [logical theory] through without compromise" (Correspondence, 4:595, see also 184, 420, 481, 483-84). One of the few scholars of American pragmatism to acknowledge that Knowing and the Known was a watershed development in Dewey's thinking is Frank X. Ryan, author of an exciting new book, Seeing Together: Mind, Matter, and the Experimental Outlook of John Dewey and Arthur F. Bentley, that clearly and concisely presents the revolutionary method developed in Knowing and Known: the transactional approach. (shrink)

1.Summary The key terms. 1. Key term: ‘Sunyata’. Nagarjuna is known in the history of Buddhism mainly by his keyword ‘sunyata’. This word is translated into English by the word ‘emptiness’. The translation and the traditional interpretations create the impression that Nagarjuna declares the objects as empty or illusionary or not real or not existing. What is the assertion and concrete statement made by this interpretation? That nothing can be found, that there is nothing, that nothing exists? Was Nagarjuna denying (...) the external world? Did he wish to refute that which evidently is? Did he want to call into question the world in which we live? Did he wish to deny the presence of things that somehow arise? My first point is the refutation of this traditional translation and interpretation. 2. Key terms: ‘Dependence’ or ‘relational view’. My second point consists in a transcription of the keyword of ‘sunyata’ by the word ‘dependence’. This is something that Nagarjuna himself has done. Now Nagarjuna’s central view can be named ‘dependence of things’. Nagarjuna is not looking for a material or immaterial object which can be declared as a fundamental reality of this world. His fundamental reality is not an object. It is a relation between objects. This is a relational view of reality. This is the heart of Nagarjuna’s ideas. In the 19th century a more or less unknown Italian philosopher, Vincenzo Goberti, spoke about relations as the mean and as bonds between things. Later, in quantum physics and in the philosophy of Alfred North Whitehead we are talking about interactions and entanglements. These ideas of relatedness or connections or entanglements in Eastern and Western modes of thought are the main idea of this essay. Not all entanglements are known. Just two examples: the nature of quantum entanglements is not known. Quantum entanglements should be faster than light. That's why Albert Einstein had some doubts. A second example: the completely unknown connections between the mind and the brain. Other examples are mysterious like the connections between birds in a flock. Some are a little known like gravitational forces. 3. Key terms: ‘Arm in arm’. But Nagarjuna did not stop there. He was not content to repeat this discovery of relational reality. He went on one step further indicating that what is happening between two things. He gave indications to the space between two things. He realized that not the behaviour of bodies, but the behaviour of something between them may be essential for understanding the reality. This open space is not at all empty. It is full of energy. The open space is the middle between things. Things are going arm in arm. The middle might be considered as a force that bounds men to the world and it might be seen as well as a force of liberation. It might be seen as a bondage to the infinite space. 4. Key term: Philosophy. Nagarjuna, we are told, was a Buddhist philosopher. This statement is not wrong when we take the notion ‘philosophy’ in a deep sense as a love to wisdom, not as wisdom itself. Philosophy is a way to wisdom. Where this way has an end wisdom begins and philosophy is no more necessary. A.N. Whitehead gives philosophy the commission of descriptive generalization. We do not need necessarily a philosophical building of universal dimensions. Some steps of descriptive generalization might be enough in order to see and understand reality. There is another criterion of Nagarjuna’s philosophy. Not his keywords ‘sunyata’ and ‘pratityasamutpada’ but his 25 philosophical examples are the heart of his philosophy. His examples are images. They do not speak to rational and conceptual understanding. They speak to our eyes. Images, metaphors, allegories or symbolic examples have a freshness which rational ideas do not possess. Buddhist dharma and philosophy is a philosophy of allegories. This kind of philosophy is not completely new and unknown to European philosophy. Since Plato’s allegory of the cave it is already a little known. (Plato 424 – 348 Befor Current Era) The German philosopher Hans Blumenberg has underlined the importance of metaphors in European philosophy. 5. Key terms: Quantum Physics. Why quantum physics? European modes of thought had no idea of the space between two this. They were bound to the ideas of substance or subject, two main metaphysical traditions of European philosophical history, two main principles. These substances and these subjects are two immaterial bodies which were considered by traditional European metaphysics as lying, as a sort of core, inside the objects or underlying the empirical reality of our world. The first European scientist who saw with his inner eye the forces between two things had been Michael Faraday (1791-1867). Faraday was an English scientist who contributed to the fields of electromagnetism. Later physicists like Albert Einstein, Niels Bohr, Erwin Schrödinger, Werner Heisenberg and others followed his view in modern physics. This is a fifth point of my work. I compare Nagarjuna with European scientific modes of thought for a better understanding of Asia. I do not compare Nagarjuna with European philosophers like Hegel, Heidegger, Wittgenstein. The principles and metaphysical foundations of physical sciences are more representative for European modes of thought than the ideas of Hegel, Heidegger and Wittgenstein and they are more precise. And slowly we are beginning to understand these principles. Let me take as an example the interpretation of quantum entanglement by the British mathematician Roger Penrose. Penrose discusses in the year of 2000 the experiences of quantum entanglement where light is separated over a distance of 100 kilometers and still remains connected in an unknown way. These are well known experiments in the last 30 years. Very strange for European modes of thought. The light should be either separated or connected. That is the expectation most European modes of thought tell us. Aristotle had been the first. Aristotle (384 - 322 Before Current Era) was a Greek philosopher, a student of Plato and a teacher of Alexander the Great. He told us the following principle as a metaphysical foundation: Either a situation exists or not. There is not a third possibility. Now listen to Roger Penrose: “Quantum entanglement is a very strange type of thing. It is somewhere between objects being separate and being in communication with each other” (Roger Penrose, The Large, the Small and the Human Mind, Cambridge University Press. 2000 page 66). This sentence of Roger Penrose is a first step of a philosophical generalization in a Whiteheadian sense. 6. Key terms: ‘The metaphysical foundations of modern science’ had been examined particularly by three European and American philosophers: E. A. Burtt, A.N. Whitehead and Hans-Georg Gadamer, by Gadamer eminently in his late writings on Heraclitus and Parmenides. I try to follow the approaches of these philosophers of relational views and of anti-substantialism. By ‘metaphysical foundations’ Edwin Arthur Burtt does not understand transcendental ideas but simply the principles that are underlying sciences. -/- 7. Key terms: ‘Complementarity’, ‘interactions’, ‘entanglements’. Since 1927 quantum physics has three key terms which give an indication to the fundamental physical reality: Complementarity, interactions and entanglement. These three notions are akin to Nagarjuna’s relational view of reality. They are akin and they are very precise, so that Buddhism might learn something from these descriptions and quantum physicists might learn from Nagarjuna’s examples and views of reality. They might learn to do a first step in a philosophical generalisation of quantum physical experiments. All of us we might learn how objects are entangled or going arm in arm. [The end of the summary.] -/- « Wenn du gerade das, wodurch auch immer du gefesselt bist, erkennst, wirst du zur Freiheit gelangen. Wenn du diesen speziellen Pfad verwirklichst, gelangst du in einem Leben zur Buddhaschaft. Deswegen verhält es sich folgendermaßen : Wenn plötzlich die Geistesregung « Begierde » enststeht, dann betrachte, ohne ihr zu folgen, direkt ihre Essenz und verweile in dieser Betrachtung, ohne Ablenkungen zuzulassen. Auf diese Weise reinigt Begierde sich selbst, ohne aufgegeben zu werden, da sie ohne Grundlage und Ursprung entsteht. Das wird « Befreiung in sich selbst », « unterscheidende ursprüngliche Weisheit » oder Buddha Amitabha » genannt ». Jigden Sumgön, Licht, das die Dunkelheit durchbricht, Otter Verlag, München 2006, Seite 47, 48 . (shrink)

This chapter explores some of the major developments in the philosophical understanding of suicide in 19th Century Western thought. Two developments in particular are considered. The first is a widespread shift towards thinking about suicide in medical terms rather than moral terms. Deploying methods initiated by a number of French and German thinkers in the preceding century who worked at the then emerging interface between the social and biological sciences, a number of 19th century thinkers ejected what they took to (...) be old metaphysical superstitions about ‘good’ and ‘evil’, and replaced them with (allegedly) hard-nosed scientific diagnoses of ‘health’ and ‘sickness’. Dismissing traditional moral arguments against the permissibility of suicide, the phenomenon came to be viewed as a symptom of decline or degeneration. How variations of this view, in biological and social contexts, reorientated practical responses to suicide in terms of treatment rather than moral condemnation is explored. The second 19th century development in philosophical thought with respect to suicide the chapter considers concerns its place in one of the most significant controversies in Germany from 1860 to the turn of the century: the Pessimismusstreit or ‘pessimism dispute’. While philosophical pessimism might be thought to vindicate or even entail suicide, many of the most prominent pessimists—including Arthur Schopenhauer and Eduard von Hartmann—denied that this was the case, and perhaps surprisingly took suicide to involve a special kind of moral and/or epistemic failing. The chapter aims to elucidate the different arguments which pessimists appealed to in order to ground this position. (shrink)

At the centre of Arthur Prior’s ‘Thank goodness’ argument for the A-theory of time is a particular form of relief. Time must objectively pass, Prior argues, or else the relief felt when a painful experience has ended is not intelligible. In this paper, I offer a detailed analysis of the type of relief at issue in this argument, which I call temporal relief, and distinguish it from another form of relief, which I refer to as counterfactual relief. I also (...) argue that existing discussions of the ‘Thank goodness’ argument—including Prior’s own—fail to give a satisfactory account of temporal relief, and that it needs to be seen as an emotion linked to the ability to engage in fairly sophisticated forms of planning. I also suggest that this has an impact on Prior’s claim that the idea of points in time plays no fundamental role in the semantic analysis of tenses. (shrink)

According to Arthur Danto, it is illegitimate to seek a neutral, or pre-interpretative, description of an artwork, since such descriptions necessarily fail to respect the artwork as such. Instead, we must begin by interpreting, so as to constitute the work : interpretation is what distinguishes artworks from mere physical objects. In this paper, I argue that, while Danto is right to distance artworks from mere things, this can be done without suggesting that artworks are constituted by interpretation. Moreover, Danto’s (...) view leaves us unable to account for the fact that interpretations are constrained to be responsive to the work’s features. I demonstrate that, by appealing to conventions of description that are specific to art, it is possible to offer a neutral description that respects the work as an artwork. This view accords with our common sense understanding of the relation between description and interpretation, and avoids the unfortunate consequences of Danto’s theory. // Selon Arthur Danto, il est illégitime de chercher une description « neutre » ou préinterprétative d’une oeuvre d’art, parce qu’une telle description ne peut respecter l’oeuvre d’art en tant que telle. Nous ne pouvons aborder une oeuvre sans l’interpréter, puisque l’interprétation constitue l’oeuvre d’art et distingue celle-ci d’un simple objet physique. Dans cet article je soutiens que, bien que Danto ait raison de vouloir distinguer les oeuvres d’art des simples choses, on peut effectuer cette distinction sans conclure que les oeuvres d’art sont constituées par l’interprétation. Je soutiens en outre que le point de vue de Danto ne nous permet pas de tenir compte du fait que les interprétations doivent respecter les caractéristiques de l’oeuvre. Je montre qu’en faisant appel aux conventions de description spécifiques à l’art, on peut proposer une description neutre qui respecte l’oeuvre d’art en tant qu’oeuvre. Mon point de vue est conforme à la relation généralement admise entre la description et l’interprétation des oeuvres d’art, et évite les conséquences négatives de la théorie de Danto. (shrink)

I show how non-presentists ought to respond to a popular objection originally due to Arthur Prior and lately updated by Dean Zimmerman. Prior and Zimmerman say that non-presentism cannot account for the fittingness of certain emotional responses to things past. But presentism gains no advantage here, because it is equally incapable of accounting for the fittingness of certain other emotional responses to things past, in particular moral outrage.

This chapter presents the meeting points and conflicts between Arthur Danto’s philosophy of art and George Dickie’s avowedly succeeding theory. Its focus is on the internalist-externalist debate on the ontology of the artwork as created and perceived within the artworld. It shows that both Danto and Dickie developed anti-formalist theories, that contributed to the demise of aesthetic modernism. Inverting the formalist distinction between internal and external properties of the artwork, they classified the sensuous properties of the artwork as secondary (...) in its essence and identity. Accordingly, Danto and Dickie’s definitions of art emerged from the challenge “to be consistent with art appearing in every possible way.” Both negated the Neo-Wittgensteinians’s proposal to forgo the project of defining art and found the then-new pluralism to be revealing of the essence of art, directing philosophy to art’s nonexhibited infrastructure – beyond the reach of the eye. Across from this, the chapter presents their opposing ideas as revealed through different analyses of the concept of the “artworld”: as an intellectual sphere by Danto versus an institutional one by Dickie. Danto’s internalist/intentionalist ontology begins with the mental and stretches to its embodying material. Opposing it, Dickie’s externalist ontology points to social practices as constituting the artwork, which is attributed with the status of “arthood” by agents in its social sphere. Accordingly, I claim, Danto’s ontology is more versatile than Dickie’s. -/- . (shrink)

Arthur Danto argued from the premiss that artworks are essentially cognitive to the conclusion that they are incidentally aesthetic. I wonder why Danto, and the very many of us he persuaded, came to believe that the cognitive and the aesthetic oppose one another. I argue, contrary to Danto’s historical claims, that the cognitive and the aesthetic did not come into opposition until the late nineteenth or early twentieth century, and that they were brought into opposition for reasons of art-critical (...) expediency rather than philosophical necessity. I conclude that a robustly cognitive notion of the aesthetic remains an option for us. (shrink)

I outline the theoretical framework of, and three research programs within American speculative philosophy of science during the period 1900-1931. One program applies verificationism to research in psychology, one investigates the methodology of research programs, and one analyses scientific explanation and other scientific concepts. The primary sources for my outline are works by Morris Raphael Cohen, Grace Andrus de Laguna, Theodore de Laguna, Edgar Arthur Singer Jr., Harold Robert Smart, and Marie Collins Swabey. I also use my outline to (...) provide a partial comparison of American speculative philosophy of science and 1930s logical positivism. My comparison suggests that logical positivism was a proposal for substantially narrowing down and winding back American philosophy of science and was based on positions that were already problematized in the American context. -/- . (shrink)

Arthur Ripstein’s conception of Kantian freedom has exerted an enormous recent influence on scholars of Kant’s political philosophy; however, the conception seems to me flawed. In this paper, I argue that Ripstein’s conception of Kantian freedom as “your capacity to choose the ends you will use your means to pursue” – your “purposiveness” – is both too narrow and too broad: (1) Wrongful acts such as coercive threats cannot choose my ends for me; instead, such acts wrongfully restrict my (...) perceived options. And (2) rightful changes to the context in which I choose that render my means insufficient for my ends restrict my capacity to choose them. Alternatively, my purposiveness reduces to my entitlements; but then freedom as purposiveness is viciously circular or fails as a new approach to the “devastating” objection that motivates it. (shrink)

In English, in order to speak about Arthur’s attitudes, we use sentences like “Arthur believes that natural language is messy”. For sentences of this kind we have a standard theory, according to which the ‘that’-clause ‘that natural language is messy’ denotes a proposition. As Prior showed for the first time, the standard theory appears to be at odds with some linguistic data. Geach and Prior both assumed that linguistic data are to be taken as reliable guides to a (...) correct semantic account and I will start by raising some worries concerning their methodology. Because of these data, Prior and Geach suggested some non-standard accounts. I will then show that if we take linguistic data seriously, their non-standard accounts do not fare any better than the standard theory. My general conclusion will thus not only be that Prior’s and Geach’s methodology is disputable, but also that their conclusions do not seem to follow even if we grant the reliability of their methodology. (shrink)

My first paper on the Is/Ought issue. The young Arthur Prior endorsed the Autonomy of Ethics, in the form of Hume’s No-Ought-From-Is (NOFI) but the later Prior developed a seemingly devastating counter-argument. I defend Prior's earlier logical thesis (albeit in a modified form) against his later self. However it is important to distinguish between three versions of the Autonomy of Ethics: Ontological, Semantic and Ontological. Ontological Autonomy is the thesis that moral judgments, to be true, must answer to a (...) realm of sui generis non-natural PROPERTIES. Semantic autonomy insists on a realm of sui generis non-natural PREDICATES which do not mean the same as any natural counterparts. Logical Autonomy maintains that moral conclusions cannot be derived from non-moral premises.-moral premises with the aid of logic alone. Logical Autonomy does not entail Semantic Autonomy and Semantic Autonomy does not entail Ontological Autonomy. But, given some plausible assumptions Ontological Autonomy entails Semantic Autonomy and given the conservativeness of logic – the idea that in a valid argument you don’t get out what you haven’t put in – Semantic Autonomy entails Logical Autonomy. So if Logical Autonomy is false – as Prior appears to prove – then Semantic and Ontological Autonomy would appear to be false too! I develop a version of Logical Autonomy (or NOFI) and vindicate it against Prior’s counterexamples, which are also counterexamples to the conservativeness of logic as traditionally conceived. The key concept here is an idea derived in part from Quine - that of INFERENCE-RELATIVE VACUITY. I prove that you cannot derive conclusions in which the moral terms appear non-vacuously from premises from which they are absent. But this is because you cannot derive conclusions in which ANY (non-logical) terms appear non-vacuously from premises from which they are absent Thus NOFI or Logical Autonomy comes out as an instance of the conservativeness of logic. This means that the reverse entailment that I have suggested turns out to be a mistake. The falsehood of Logical Autonomy would not entail either the falsehood Semantic Autonomy or the falsehood of Ontological Autonomy, since Semantic Autonomy only entails Logical Autonomy with the aid of the conservativeness of logic of which Logical Autonomy is simply an instance. Thus NOFI or Logical Autonomy is vindicated, but it turns out to be a less world-shattering thesis than some have supposed. It provides no support for either non-cognitivism or non-naturalism. (shrink)

Although many aspects of Inference to the Best Explanation have been extensively discussed, very little has so far been said about what it takes for a hypothesis to count as a rival explanatory hypothesis in the context of IBE. The primary aim of this article is to rectify this situation by arguing for a specific account of explanatory rivalry. On this account, explanatory rivals are complete explanations of a given explanandum. When explanatory rivals are conceived of in this way, I (...) argue that IBE is a more plausible and defensible rule of inference than it would otherwise be. The secondary aim of the article is to demonstrate the importance of accounts of explanatory rivalry by examining a prominent philosophical argument in which IBE is employed, viz. the so-called Ultimate Argument for scientific realism. In short, I argue that a well-known objection to the Ultimate Argument due to Arthur Fine fails in virtue of tacitly assuming an account of explanatory rivalry that we have independent reasons to reject. (shrink)

Arthur Schopenhauer's “The World as Will and Representation” is a continuation and completion of the Kantian philosophical project. Schopenhauer proposes that rather than causality being an empirical consequence, as Kant implies in his Critique of Pure Reason, causality is an a priori phenomenon, happening independent of any knowledge of causality itself. Therefore, he challenges Kantian rationalism with pessimism. To begin this work stating the stark contrast between Kant’s epistemology and Schopenhauer’s, I note the few yet crucial characteristics to consciously (...) consider from Schopenhauer’s aesthetics: (1) there is no rationality to nature; (2) there is no ‘purposeness’ in life; and (3) human beings are not fundamentally rational. These each are expanded upon and discussed in unison with Kant's sentiments. In describing Schopenhauer's philosophy of the human experience, it is useful to refer to his interest in Indian philosophies and religions, which is briefly mentioned in this work by way of the famous paradox proposed by Nāgārjuna. The major point of divergence, it appears, between the two great minds reveals itself in their conception of the human experience and perception. Kant describes a reality consisting of mental representations whose nature is suggested to be a posteriori, Schopenhauer understands reality to be noumenal and its perception by sentient life to be indirect, subject-dependent, and consequently a priori. (shrink)

Arthur Falk has proposed a new construal of faith according to which it is not a mere species of belief, but has essential components in action. This twist on faith promises to resurrect Pascal’s Wager, making faith compatible with reason by believing as the scientist but acting as the theist. I argue that Falk’s proposal leaves religious faith in no better shape; in particular, it merely reframes the question in terms of rational desires rather than rational beliefs.

In this paper, I provide the first in-depth discussion of Susan Stebbing’s views concerning our experience of the passage of time – a key issue for many metaphysicians writing in the first half of the twentieth century. I focus on Stebbing’s claims about the passage of time in Philosophy and the Physicists and her disagreement with Arthur Eddington over how best to account for that experience. I show that Stebbing’s concern is that any attempt to provide a scientific account (...) of the passage of time will face problems, since the events described by physics are necessarily measured against the passage of time. I then identify views elsewhere in her philosophical corpus that can help shed light on this claim. Ultimately, I argue, Stebbing’s views on time should be construed as part of her wider commitment to ‘realism’. To be a realist, for Stebbing, is to accept a set of propositions which are a pre-requisite for even beginning to analyse the world around us. For Stebbing, I argue, part of what it means to be a realist is to accept our experience of the passage of time as something fundamental that cannot itself be subject to analysis. (shrink)

Arthur Danto claims that knowing that S is not a property of some individual knower M but a relation between M and some object O in the world, where O is what makes S true. For if knowledge were a property of M it would be possible to determine whether M knew simply by examining M, which is typically not the case (i.e. unless S happens to be about M). I argue that Danto errs in: (1) claiming that we (...) can determine whether or not some assertion S is true only by observing the truth conditions for S; (2) claiming that we cannot determine whether s is true by examining M; and (3) claiming that since the statement that M knows that S ‘says something about both M and the world’ it must assert a relation between M and the world. (shrink)

The general attitude towards Arthur Schopenhauer’s metaphysics is rather fiercely critical and at times even tendentious. It seems that the figure of Schopenhauer as an irredeemably flawed, stubborn, and contradictory philosopher serves as a leitmotiv among scholars. Schopenhauer’s identification of the thing-in-itself with the will continues to be a thorny puzzle in the secondary literature, and it presents perhaps the greatest challenge to Schopenhauer scholars. Schopenhauer borrows the term ‘thing-in-itself’ from Immanuel Kant, who uses it to refer to a (...) reality that is distinct from what appears to us, and hence unknowable. Despite the fact that several interpretations have been offered to make sense of Schopenhauer’s identification of the thing-in-itself with the will, there appears to be no consensus about how to interpret this identification as well as his understanding of the term ‘thing-in-itself’. Unlike the other interpretations, the interpretation that I offer here distinguishes between three distinct and mutually incompatible views that Schopenhauer formulates about the thing-in-itself. I argue that it is not only difficult to give a coherent, consistent account of Schopenhauer’s position, but also not worth trying, because such an endeavor comes at the cost of ignoring the textual richness and depth of thought that Schopenhauer’s works offer. (shrink)

Universal Basic Income has become a popular idea in the last few decades even though one can find its roots in the earlier centuries. In this thesis, I have examined the position of UBI in the works of the most influential contemporary philosophers. By connecting the idea of UBI with some certain concepts from different philosophers, I aimed to improve the overall understanding of UBI. I have mentioned the concepts such as "labor", "leisure", "idleness", "boredom", "poverty", "inequality", "distribution", "happiness", "power", (...) "needs", "truth", "alienation", etc. I have used a literature methodology for my research. I have tried to read and relate the concept of UBI with the works of 10 philosophers: Arthur Schopenhauer, Karl Marx, William James, Bertrand Russell, Michel Foucault, John Rawls, Robert Nozick, Noam Chomsky, Slavoj Zizek, Peter Singer. (shrink)

In this paper I argue that equal respect-based accounts of the normative basis of tolerance are self-defeating, insofar as they are unable to specify the limits of tolerance in a way that is consistent with their own commitment to the equal treatment of all conceptions of the good. I show how this argument is a variant of the long-standing ‘conflict of freedoms’ objection to Kantian-inspired, freedom-based accounts of the justification of systems of norms. I criticize Thomas Scanlon’s defence of ‘pure (...) tolerance’, Anna Elisabetta Galeotti’s work on the relationship between tolerance, equal respect and recognition, and Arthur Ripstein’s recent response to the ‘conflict of freedoms’ objection. The upshot of my argument is that, while valuing tolerance for its own sake may be an appealing ideal, it is not a feasible way of grounding a system of norms. I close with a thumbnail sketch of two alternative, instrumental (i.e. non-Kantian) approaches to the normative foundations of tolerance. (shrink)

In this thesis I offer an interpretation of Arthur Schopenhauer’s pessimism. I argue against interpreting Schopenhauer’s pessimism as if it were merely a matter of temperament, and I resist the urge to find a single standard argument for pessimism in Schopenhauer’s work. Instead, I treat Schopenhauer’s pessimism as inherently variegated, composed of several distinct but interrelated pessimistic positions, each of which is supported by its own argument. I begin by examining Schopenhauer’s famous argument that willing necessitates suffering, which I (...) defend against the misrepresentative interpretation advocated by Ivan Soll. I also offer a metaphysical reading of Schopenhauer’s claim that no amount happiness can compensate for the mere fact of suffering, based upon his negative conception of happiness. I proceed by analysing Schopenhauer’s criticisms of two prominent optimists, Leibniz and Rousseau. I attempt to salvage something of Schopenhauer’s counterargument against Leibniz that this is the worse of all possible worlds, and I also examine Schopenhauer’s claim that the optimistic metaphysics of a priori rationalistic philosophy cannot cope with the evidence of meaningless suffering. In the case of Rousseau, I interpret Schopenhauer’s brief objection to Rousseau’s assumption of original goodness, by means of an examination of Schopenhauer’s conception of the contrary doctrine, original sin. Next I consider the metaphysics of Schopenhauer’s account of eternal justice. After defending it against a number of objections, I argue that the nature of his version of eternal justice, which he admits constitutes a justification for suffering, does not conflict with the fact that he so strongly condemns Leibniz’s and Rousseau’s optimistic justifications for suffering. Finally I assess whether and to what extent Schopenhauer’s ethics of salvation are either pessimistic or optimistic. I conclude that the mere fact that salvation is possible is not necessarily a cause for optimism, but that Schopenhauer’s doctrine of salvation is made partly optimistic by the higher form of cognition that he describes as part of it. I also argue that Schopenhauer’s views on the essentially mystical nature of the state of salvation ultimately commit him to being neither positively optimistic nor positively pessimistic about salvation. I conclude overall with some brief remarks about the meaning of Schopenhauer’s pessimism, and how in spite of its diverse nature, it is able to lay down a singular challenge to all future philosophers concerned with the question of suffering. (shrink)

In 1984, Arthur Danto wrote an article with the telling title ‘The End of Art.’ Just a few years earlier, Richard Rorty had declared the end of philosophy and Michel Foucault, the end of politics. A few years later, Francis Fukuyama was to declare the end of history. So, on the face of it, Danto’s thesis fits in nicely with the ‘endism’ that was popular in the 1980s. In important ways, however, I believe it also stands out.

I investigate the role of feminist theorizing in relation to traditionally-based aesthetics. Feminist artworks have arisen within the context of a patriarchal Artworld dominated for thousands of years by male artists, critics, theorists, and philosophers. I look at the history of that context as it impacts philosophical theorizing by pinpointing the narrow range of the paradigms used in defining “art.” I test the plausibility of Danto’s After the End of Art vision of a post-historical, pluralistic future in which “anything goes,” (...) a future that unfortunately rests upon the same outdated foundation as the concept “art.” This essay was originally published in The Proceedings of the Twentieth Century World Congress of Philosophy (1999) and reprinted in Noel Carroll, ed., Theories of Art Today (The University of Wisconsin Press, 2000). (shrink)

In a recent article, Arthur Applbaum contributes a new view—legitimacy as a moral power—to the debate over the concept of political legitimacy. Applbaum rejects competing views of legitimacy, in particular legitimacy as a claim-right to have the law obeyed, for mistakenly invoking substantive moral argument in the conceptual analysis, and concludes that “at the core of the concept—what legitimacy is” is only a Hohfeldian moral power. In this article, I contend that: (1) Applbaum’s view of legitimacy, when fully unfolded, (...) refers to more than a mere moral power and should therefore be rejected even by his own standards; (2) Applbaum’s rejection of competing views of legitimacy ultimately relies on a claim that he does not successfully defend, namely, the claim that moral duties are of absolute rather than prima facie force. (shrink)

There is a widespread, popular view—and one I basically endorse—that Nietzsche is, in one sense of the word, a nihilist. As Arthur Danto put it some time ago, according to Nietzsche, “there is nothing in [the world] which might sensibly be supposed to have value.” As interpreters of Nietzsche, though, we cannot simply stop here. Nietzsche's higher men, Übermenschen, “genuine philosophers”, free spirits—the types Nietzsche wants to bring forth from the human, all-too-human herds he sees around him with the (...) fish hooks, as he says, of his books—seem to engage in what looks like valuing. These free spirits are supposed to revalue the old values—revaluing, as is clear from the texts, is not simply to remove the old values from circulation (Nietzsche uses “umwerten” and not “entwerten”)—and they are supposed to create new values. And, of course, Nietzsche himself, free spirit that he is, takes on the task of revaluing all values and seems to assert many a strident evaluation. So we need to say more here. What are Nietzsche and his free spirits up to when they engage in what looks, for all the world, like a practice of valuing? What is the practice of valuing Nietzsche is recommending for his free spirits? I argue for two claims: (i) First, we end up facing an interpretive puzzle when we attempt to explain how Nietzsche's free spirits are supposed to engage in a practice of valuing. (ii) Second, we can solve the interpretive puzzle by taking Nietzsche's free spirits to be engaged in a fictionalist simulacrum of valuing. (shrink)