Grounding is a powerful metaphysical concept; yet there is widespread scepticism about the intelligibility of the notion. In this paper, I propose an account of an entity’s nature or essence, which I then use to provide grounding conditions for that entity. I claim that an understanding of an entity’s nature, together with an account of how logically complex entities are grounded, provides all we need to understand how that entity is grounded. This approach not only allows us to say what (...) grounds what, it also sheds light on the formal features of the grounding relation. It provides a principled argument for the orthodox view that grounding is irreflexive, asymmetrical, and transitive; but it allows that it may not be well-founded. The resulting approach gives us a powerful framework for understanding nature, grounding, and the relationship between them. (shrink)

This book presents Robert S. Hartman’s formal theory of value and critically examines many other twentieth century value theorists in its light, including A.J. Ayer, Kurt Baier, Brand Blanshard, Paul Edwards, Albert Einstein, William K. Frankena, R.M. Hare, Nicolai Hartmann, Martin Heidegger, G.E. Moore, P.H. Nowell-Smith, Jose Ortega y Gasset, Charles Stevenson, Paul W. Taylor, Stephen E. Toulmin, and J.O. Urmson.

In this paper we present a new metaphysical theory of material objects. On our theory, objects are bundles of property instances, where those properties give the nature or essence of that object. We call the theory essential bundle theory. Property possession is not analysed as bundle-membership, as in traditional bundle theories, since accidental properties are not included in the object’s bundle. We have a different story to tell about accidental property possession. This move reaps many benefits. Essential bundle theory delivers (...) a simple theory of the essential properties of material objects; an explanation of how object coincidence can arise; an actual-world ground for modal differences between coincident objects; a simple story about intrinsic properties; and a plausible account of certain ubiquitous cases of causal overdetermination. (shrink)

An exact truthmaker for A is a state which, as well as guaranteeing A’s truth, is wholly relevant to it. States with parts irrelevant to whether A is true do not count as exact truthmakers for A. Giving semantics in this way produces a very unusual consequence relation, on which conjunctions do not entail their conjuncts. This feature makes the resulting logic highly unusual. In this paper, we set out formal semantics for exact truthmaking and characterise the resulting notion of (...) entailment, showing that it is compact and decidable. We then investigate the effect of various restrictions on the semantics. We also formulate a sequent-style proof system for exact entailment and give soundness and completeness results. (shrink)

In his book Worlds and Individuals, Possible and Otherwise (2010), Takashi Yagisawa presents and argues for a novel and imaginative version of modal realism. It differs both from Lewis’s modal realism (Lewis 1986) and from actualists’ ersatz accounts (Adams 1974; Sider 2002). In this paper, I’ll present two arguments, each of which shows that Yagisawa’s metaphysics is incoherent. The first argument shows that the combination of Yagisawa’s metaphysics with impossibilia leads to triviality: every sentence whatsoever comes out true. This is (...) so even if Yagisawa accepts a paraconsistent notion of logical consequence, on which contradictions do not entail arbitrary conclusions. The second argument is independent of Yagisawa’s acceptance of impossibilia. It shows that Yagisawa’s metaphysics of possible worlds is incoherent. Using ordinary modal reasoning, I derive a contradiction from Yagisawa’s account of possible worlds. (shrink)

Amongst those who feel the pull of the truthmaker principle (that truths require for their truth a truthmaker to exist), there is disagreement as to whether it applies to all truths or merely to some distinguished subset. Those in the latter camp, the non-maximalists, argue that there are no ducks in my bath is true not because of something’s existence, but because of the lack of ducks in my bath. Maximalists, by contrast, insist that truths are made true by something’s (...) existence, and so appear to be committed to strange ‘negative’ entities in their ontology. As a consequence, non-maximalists appear to have a more common-sense ontology than maximalists. But things are not so straightforward. I will argue that if maximalism is committed to strange entities then so is non-maximalism; and if non-maximalism can do without strange entities, then so can maximalism. Either way, the non-maximalist has no ontological advantage over the maximalist. (shrink)

Gaining information can be modelled as a narrowing of epistemic space . Intuitively, becoming informed that such-and-such is the case rules out certain scenarios or would-be possibilities. Chalmers’s account of epistemic space treats it as a space of a priori possibility and so has trouble in dealing with the information which we intuitively feel can be gained from logical inference. I propose a more inclusive notion of epistemic space, based on Priest’s notion of open worlds yet which contains only those (...) epistemic scenarios which are not obviously impossible. Whether something is obvious is not always a determinate matter and so the resulting picture is of an epistemic space with fuzzy boundaries. (shrink)

I present an internal problem for David Lewis’s genuine modal realism. My aim is to show that his analysis of modality is inconsistent with his metaphysics. I consider several ways of modifying the Lewisian analysis of modality, but argue that none are successful. I argue that the problem also affects theories related to genuine modal realism, including the stage theory of persistence and modal fictionalism.

Bundle theories identify material objects with bundles of properties. On the traditional approach, these are the properties possessed by that material object. That view faces a deep problem: it seems to say that all of an object’s properties are essential to it. Essential bundle theory attempts to overcome this objection, by taking the bundle as a specification of the object’s essential properties only. In this paper, I show that essential bundle theory faces a variant of the objection. To avoid the (...) problem, the theory must accept the contingency of identity. I show how this can be achieved in a coherent and well-motivated way, a way that isn’t available to traditional bundle theories. (shrink)

According to truthmaker theory, particular truths are true in virtue of the existence of particular entities. Truthmaker maximalism holds that this is so for all truths. Negative existential and other ‘negative’ truths threaten the position. Despite this, maximalism is an appealing thesis for truthmaker theorists. This motivates interest in parsimonious maximalist theories, which do not posit extra entities for truthmaker duty. Such theories have been offered by David Lewis and Gideon Rosen, Ross Cameron, and Jonathan Schaffer. But these theories cannot (...) be sustained, I’ll argue, and hence maximalism comes with a serious ontological cost. Neither Armstrong’s invocation of totality facts nor the Martin-Kukso line on absences can meet this cost satisfactorily. I’ll claim that negative facts are the best (and perhaps only) way out of the problem for the truthmaker maximalist. (shrink)

Information is often modelled as a set of relevant possibilities, treated as logically possible worlds. However, this has the unintuitive consequence that the logical consequences of an agent's information cannot be informative for that agent. There are many scenarios in which such consequences are clearly informative for the agent in question. Attempts to weaken the logic underlying each possible world are misguided. Instead, I provide a genuinely psychological notion of epistemic possibility and show how it can be captured in a (...) formal model, which I call a fan. I then show how to use fans to build formal models of being informed, as well as knowledge, belief and information update. (shrink)

Fine (2017a) sets out a theory of content based on truthmaker semantics which distinguishes two kinds of consequence between contents. There is entailment, corresponding to the relationship between disjunct and disjunction, and there is containment, corresponding to the relationship between conjunctions and their conjuncts. Fine associates these with two notions of parthood: disjunctive and conjunctive. Conjunctive parthood is a very useful notion, allowing us to analyse partial content and partial truth. In this chapter, I extend the notion of disjunctive parthood (...) in terms of a structural relation of refinement, which stands to disjunctive parthood much as mereological parthood stands to conjunctive parthood. Philosophically, this relation may be modelled on the determinable- determinate relation, or on a fact-to-fact notion of grounding. I discuss its connection to two other Finean notions: vagueness (understood via precisification) and arbitrary objects. I then investigate what a logic of truthmaking with refinement might look like. I argue that (i) parthood naturally gives rise to a relevant conditional; (ii) refinement underlies a relevant notion of disjunction; and so (iii) truthmaker semantics with refinement is a natural home for relevant logic. The resulting formal models draw on Fine’s (1974) semantics for relevant logics. Finally, I use this understanding of relevant semantics to investigate the status of the mingle axiom. (shrink)

John White (2016) defends the UK private school system from the accusation that it allows an unfair form of ‘queue jumping’ in university admissions. He offers two responses to this accusation, one based on considerations of harm, and one based on meritocratic distribution of university places. We will argue that neither response succeeds: the queue-jumping argument remains a powerful case against the private school system in the UK. We begin by briefly outlining the queue-jumping argument (§1), before evaluating White’s no-harm (...) (§2) and meritocracy (§3) arguments. (shrink)

Epistemicism about vagueness is the view that vagueness, or indeterminacy, is an epistemic matter. Truthmaker-gap epistemicism is the view that indeterminate truths are indeterminate because their truth is not grounded by any worldly fact. Both epistemicism in general and truthmaker-gap epistemicism originated in Roy Sorensen's work on vagueness. My aim in this paper is to give a characterization of truthmaker-gap epistemicism and argue that the view is incompatible with higher-order vagueness: vagueness in whether some case of the form ‘it is (...) determinate that A’ or ‘it is indeterminate whether A’ is true. Since it is highly likely that there is higher-order vagueness, truthmaker-gap epistemicism is in an uncomfortable position. (shrink)

Stephen Barker presents a novel approach to solving semantic paradoxes, including the Liar and its variants and Curry’s paradox. His approach is based around the concept of alethic undecidability. His approach, if successful, renders futile all attempts to assign semantic properties to the paradoxical sentences, whilst leaving classical logic fully intact. And, according to Barker, even the T-scheme remains valid, for validity is not undermined by undecidable instances. Barker’s approach is innovative and worthy of further consideration, particularly by those of (...) us who aim to find a solution without logical revisionism. As it stands, however, the approach is unsuccessful, as I shall demonstrate below. (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)

Dilation occurs when an interval probability estimate of some event E is properly included in the interval probability estimate of E conditional on every event F of some partition, which means that one’s initial estimate of E becomes less precise no matter how an experiment turns out. Critics maintain that dilation is a pathological feature of imprecise probability models, while others have thought the problem is with Bayesian updating. However, two points are often overlooked: (1) knowing that E is stochastically (...) independent of F (for all F in a partition of the underlying state space) is sufficient to avoid dilation, but (2) stochastic independence is not the only independence concept at play within imprecise probability models. In this paper we give a simple characterization of dilation formulated in terms of deviation from stochastic independence, propose a measure of dilation, and distinguish between proper and improper dilation. Through this we revisit the most sensational examples of dilation, which play up independence between dilator and dilatee, and find the sensationalism undermined by either fallacious reasoning with imprecise probabilities or improperly constructed imprecise probability models. (shrink)

A scholar of Hellenistic and Prussian history, Droysen developed a historical theory that at the time was unprecedented in range and depth, and which remains to the present day a valuable key for understanding history as both an idea and a professional practice. Arthur Alfaix Assis interprets Droysen’s theoretical project as an attempt to redefine the function of historiography within the context of a rising criticism of exemplar theories of history, and focuses on Droysen’s claim that the goal underlying (...) historical writing and reading should be the development of the subjective capacity to think historically. In addition, Assis examines the connections and disconnections between Droysen’s theory of historical thinking, his practice of historical thought, and his political activism. Ultimately, Assis not only shows how Droysen helped reinvent the relationship between historical knowledge and human agency, but also traces some of the contradictions and limitations inherent to that project. (shrink)

There has recently been a revival of interest in what truth is. For a long time, deflationism ruled the roost, telling us that there’s not much of metaphysical.

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 no paradox with Schrödinger’s cat in a realist interpretation. In particular, a closer look at the temporal aspect shows that the two macroscopic wave functions (alive and dead) of Schrödinger’s cat are not to be compared with two superposed parts of a microscopic quantum wave function.

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)

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)

In "De l’Allemagne", Mme de Staël develops a sophisticated philosophical psychology that centers not on reason, but imagination. She does this by bringing French Enlightenment philosophy, particularly Rousseau and Diderot, into dialogue with German thinkers, including Kant and Herder. For Mme de Staël, imagination transcends the epistemic limits of sensibility and reason by incorporating sentiment.

In recent years, semiotics has become an innovative theoretical framework in mathematics education. The purpose of this article is to show that semiotics can be used to explain learning as a process of experimenting with and communicating about one's own representations of mathematical problems. As a paradigmatic example, we apply a Peircean semiotic framework to answer the question of how students learned the concept of "distribution" in a statistics course by "diagrammatic reasoning" and by developing "hypostatic abstractions," that is by (...) forming new mathematical objects which can be used as means for communication and further reasoning. Peirce's semiotic terminology is used as an alternative for notions such as modeling, symbolizing, and reification. We will show that it is a precise instrument of analysis with regard to the complexity of learning and of communication in mathematics classroom. (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)

The perceptual symbol system view assumes that perceptual representations have a role-argument structure. A role-argument structure is often incorporated into amodal symbol systems in order to explain conceptual functions like abstraction and rule use. The power of perceptual symbol systems to support conceptual functions is likewise rooted in its use of structure. On Barsalou's account, this capacity to use structure (in the form of frames) must be innate.

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)

Volume 20, Issue 7, July 2020, Page 160-162.

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)

We introduce an independence notion for choice functions, which we call ‘epistemic independence’ following the work by De Cooman et al. [17] for lower previsions, and study it in a multivariate setting. This work is a continuation of earlier work of one of the authors [29], and our results build on the characterization of choice functions in terms of sets of binary preferences recently established by De Bock and De Cooman [11]. We obtain the many-to-one independent natural extension in this (...) framework. Given the generality of choice functions, our expression for the independent natural extension is the most general one we are aware of, and we show how it implies the independent natural extension for sets of desirable gambles, and therefore also for less expressive imprecise-probabilistic models. Once this is in place, we compare this concept of epistemic independence to another independence concept for choice functions proposed by Seidenfeld [28], which De Bock and De Cooman [2] have called S-independence. We show that neither is more general than the other. (shrink)

Marx's concept of alienation has proven to be a subject of controversy for many social theorists. One of the more provocative treatments of this concept has been outlined by Jean-Paul Sartre. Drawing heavily on Marxism's Hegelian tradition, Sartre portrays alienation as being a crucial element in the formation of the individual's perception of social reality. An appreciation of Sartre's project and its relevance to Marxist theory necessitates the examination of the origins and development of the concept of alienation. For this (...) purpose, a brief account of Hegel's usage of the term is followed by a discussion of Feuerbach's efforts to counter Hegelian idealism with an explicitly materialist perspective. Alienation makes its first appearance in Marx's work with the publication of the Economic and Philosophical Manuscripts of 1844 and the concept was to be a topic of concern throughout Marx's life. In particular, his analysis of commodity fetishism in his later work shows an obvious connection with alienation. Georg Lukacs' presentation of the reification of consciousness is a valuable addition to the examination of the fetishism of commodities. Lukacs provides numerous insights concerning the relationship between alienation and commodity fetishism as well as offering a useful articulation of the role of consciousness in Marxist theory. Lukacs' contribution is especially helpful in clarifying the nature of Sartre's project. Both theorists seek to outline an exposition of consciousness which counters idealistic excesses with a materialistic perspective faithful to the basic tenents of Marxism. In addition, Sartre employs the notion of reification as well as that of alienation in his psychoanalytic approach. His technique is intended to illuminate the class biases inherent in the consciousness of each individual, a proposal which finds an immediate application in explaining the distorted awareness which petit bourgeois intellectuals such as Lukacs and Sartre himself bring to the study of Marx's method. (shrink)

Although a safe, effective, and licensed coronavirus vaccine does not yet exist, there is already controversy over how it ought to be allocated. Justice is clearly at stake, but it is unclear what justice requires in the international distribution of a scarce vaccine during a pandemic. Many are condemning ‘vaccine nationalism’ as an obstacle to equitable global distribution. We argue that limited national partiality in allocating vaccines will be a component of justice rather than an obstacle to it. For there (...) are role-based and community-embedded responsibilities to take care of one’s own, which constitute legitimate moral reasons for some identity-related prioritisation. Furthermore, a good form of vaccine nationalism prioritises one’s own without denying or ignoring duties derived from a principle of equal worth, according to which all persons, regardless of citizenship or identity, equally deserve vaccine-induced protection from COVID-19. Rather than dismissing nationalism as a tragic obstacle, it is necessary to acknowledge that a limited form of it is valuable and expresses moral commitments. Only then can one understand our world of competing obligations, a world where cosmopolitan duties of benevolence sometimes conflict with special obligations of community membership. Once these competing obligations are recognised as such, we can begin the work of designing sound ethical frameworks for achieving justice in the global distribution of a coronavirus vaccine and developing practical strategies for avoiding, mitigating or resolving conflicts of duty. (shrink)

Within the context of the Quine–Putnam indispensability argument, one discussion about the status of mathematics is concerned with the ‘Enhanced Indispensability Argument’, which makes explicit in what way mathematics is supposed to be indispensable in science, namely explanatory. If there are genuine mathematical explanations of empirical phenomena, an argument for mathematical platonism could be extracted by using inference to the best explanation. The best explanation of the primeness of the life cycles of Periodical Cicadas is genuinely mathematical, according to Baker (...) :223–238, 2005; Br J Philos Sci 60:611–633, 2009). Furthermore, the result is then also used to strengthen the platonist position :779–793, 2017a). We pick up the circularity problem brought up by Leng Mathematical reasoning, heuristics and the development of mathematics, King’s College Publications, London, pp 167–189, 2005) and Bangu :13–20, 2008). We will argue that Baker’s attempt to solve this problem fails, if Hume’s Principle is analytic. We will also provide the opponent of the Enhanced Indispensability Argument with the so-called ‘interpretability strategy’, which can be used to come up with alternative explanations in case Hume’s Principle is non-analytic. (shrink)

We investigate epistemic independence for choice functions in a multivariate setting. This work is a continuation of earlier work of one of the authors [23], and our results build on the characterization of choice functions in terms of sets of binary preferences recently established by De Bock and De Cooman [7]. We obtain the independent natural extension in this framework. Given the generality of choice functions, our expression for the independent natural extension is the most general one we are aware (...) of, and we show how it implies the independent natural extension for sets of desirable gambles, and therefore also for less informative imprecise-probabilistic models. Once this is in place, we compare this concept of epistemic independence to another independence concept for choice functions proposed by Seidenfeld [22], which De Bock and De Cooman [1] have called S-independence. We show that neither is more general than the other. (shrink)

We study whether it is possible to generalise Seidenfeld et al.’s representation result for coherent choice functions in terms of sets of probability/utility pairs when we let go of Archimedeanity. We show that the convexity property is necessary but not sufficient for a choice function to be an infimum of a class of lexicographic ones. For the special case of two-dimensional option spaces, we determine the necessary and sufficient conditions by weakening the Archimedean axiom.

Home-based biology experiments are activities that utilize household materials that have been adapted for the remote learning environment and are aligned to standard learning competencies. Recognizingthe households and kitchens as extensions of laboratories, HBEs can be used to deliver authentic learning experiences for the students at home. Furthermore, there are several attributes of HBEs that should be considered before the implementation of the activity. These attributes are, it is ethical and safe to perform, it produces tangible products, encourages students to (...) reflect, promotes collaboration, materials are easy-to-find and affordable and lastly, home-based biology experiments are modifiable. Also, HBE encourages students to work independently under the supervision of their parents and teachers. Parents and guardians, as collaborators, should ensure students'safety, monitor their child’s progress, provide a safe environment and conducive work area, and should report all cases of accidents and problems to the subject teacher. In conclusion, home-based biology experiments are one of the emerging teaching tools for remote authentic learning in the new normal. Moreover, HBEs could also be used to address the problem of the lack of hands-on activity in remote learning. Further studies should be conducted on the effectiveness of HBEs in different topics in biology. (shrink)

Research misconduct remains an important problem in health research despite decades of local, national, regional, and international efforts to eliminate it. The ultimate goal of every health research project, irrespective of setting, is to produce trustworthy findings to address local as well as global health issues. To be able to lead or participate meaningfully in international research collaborations, individual and institutional capacities for research integrity are paramount. Accordingly, this paper concerns itself not only with individuals’ research skills but also with (...) institutional and national policies and governance. Such policies and governance provide an ethical scaffold for the production of knowledge and structure incentives. This paper’s operational definition of research therefore draws from Institute of Medicine’s articulation of health research as an inquiry that aims to produce knowledge about the structure, processes, or effects of personal health services; and from an existing health systems framework. The paper reviews the research regulatory environment and the ethics apparatus in Ghana, and describes a project jointly undertaken by Ghanaian researchers in collaboration with New York University to assess the perceived adequacy of current institutional practices, opportunities, and incentives for promoting RI. (shrink)

Advancements in artificial intelligence and (social) robotics raise pertinent questions as to how these technologies may help shape the society of the future. The main aim of the chapter is to consider the social and conceptual disruptions that might be associated with social robots, and humanoid social robots in particular. This chapter starts by comparing the concepts of robots and artificial intelligence and briefly explores the origins of these expressions. It then explains the definition of a social robot, as well (...) as the definition of humanoid robots. A key notion in this context is the idea of anthropomorphism: the human tendency to attribute human qualities, not only to our fellow human beings, but also to parts of nature and to technologies. This tendency to anthropomorphize technologies by responding to and interacting with them as if they have human qualities is one of the reasons why social robots (in particular social robots designed to look and behave like human beings) can be socially disruptive. As is explained in the chapter, while some ethics researchers believe that anthropomorphization is a mistake that can lead to various forms of deception, others — including both ethics researchers and social roboticists — believe it can be useful or fitting to treat robots in anthropomorphizing ways. The chapter explores that disagreement by, among other things, considering recent philosophical debates about whether social robots can be moral patients, that is, whether it can make sense to treat them with moral consideration. Where one stands on this issue will depend either on one’s views about whether social robots can have, imitate, or represent morally relevant properties, or on how people relate to social robots in their interactions with them. Lastly, the chapter urges that the ethics of social robots should explore intercultural perspectives, and highlights some recent research on Ubuntu ethics and social robots. (shrink)

This paper draws attention to a proof of the necessity of identity given by Arthur Prior. In its simplicity, it is comparable to a proof of Quine's, popularised by Kripke, but it is slightly different. Prior's Polish notation is transcribed into a more familiar idiom. Prior's proof is followed by a proof of the necessity of difference, possibly the first such proof in the literature, which is also repeated here and transcribed. The paper concludes with a brief discussion of (...) Prior's views on identity and difference over time. (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)

In 1935, A. G. Tansley, who was knighted later, proposed the ecosystem concept. Nevertheless, this concept was not without predecessors. Why did Tansley’s ecosystem prevail and not one of its competitors? The purpose of this article is to pin the distinguishing features of Tansley’s ecosystem down, as far as the published record allows. It is an exercise in finding the difference that made a difference. Besides being a pioneering ecologist, Tansley was an adept of psychoanalysis. His interest even led him (...) to visit Sigmund Freud in Vienna for a while. Psychologists had to regard the mind as an entity in its own right, while knowing that it truly was part of a larger whole (body + mind), because the causal relation between body and mind was unknown. This lead Tansley to conclude that psychologists must not objectify the system under study, have to search for causes within their own field, and must not speculate unless this serves a scientific purpose. In 1925, Tansley defended psychoanalysis in a prolonged controversy against a concerted attack criticizing its speculative content and poor scientific standing. This could have been the reason why Tansley kept his ecosystem free of speculative content and unscientific connotation. The competing ecosystem-like concepts, however, have contained philosophical speculation, non-deterministic properties like vitalism or entelechy, or have been burdened with unscientific connotations. Hence, rigorous restraint distinguished the ecosystem concept and made it ready for use by later researchers. (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)

The aim of the present article is to investigate the tenability of the principle of compositionality within an impossible worlds framework. To understand how this question is raised, the first section will be devoted to explaining what the principle of compositionality is and how it is compatile with a possible worlds semantics. In the following section, some arguments from hyperintentionality will be provided against such semantics. The third section will introduce the notion of impossible worlds as adequate tools to accommodate (...) such arguments, with particular attention to Berto and Jago’s account (2019). In the fourth section a solution to the compositionality objection towards an impossible worlds semantics will be presented. Finally, the paper will conclude with a possile objection towards such solution. (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 great chain of being is an ontological conception in which all beings, from inanimate things to God, are ranked on a scale according to their perfectness. This hierarchical scheme, though widely known in the history of ideas, was systematically addressed by Arthur Lovejoy in 1936. The great chain of being as formulated by Lovejoy is composed of three main principles, whose roots can be found in Plato and Aristotle’s philosophies. These principles are “the principle of plenitude”, “the principle (...) of gradation” and “the principle of continuity.” The first principle, the principle of plenitude, was pointed out in Plato’s philosophy and the latter two, the principle of gradation and the principle of continuity, were addressed in Aristotle’s philosophy. According to Lovejoy, these three principles were systematically addressed in Plotinus’s philosophy and became an essential part of Neo-Platonic cosmology. Platon explains the abundance of beings with reference to the absolute goodness of the God in his famous book Timaios. Accordingly, God has absolute goodness and this attribution has given rise to an abundance of beings as goodness requires the existence of things. The other two principles, the principle of gradation and the principle of continuity, were forwarded by Aristotle and through his works affected Western thought. While the principle of gradation refers to the ranking of beings in a chain based on the criteria of their perfection, the principle of continuity is the natural consequence of that ranking in that all beings share at least a minimum level of similarity. Plotinus synthesized and systematized those three principles as an expression of ranked beings specific to emanation theory and added three hypostasis -One, Nous, and Soul- in addition to the natural world addressed in Aristotle’s works. Therefore, we see that beings were ranked from inanimate things to God in Plotinus’s works. This concept of hierarchical order of beings, the great chain of being, affected many cultures and philosophical ideas from Classical Islamic philosophy to the Western tradition. In this article, we confine our subject to only Western thought, including Medieval Christian theology and philosophy, the Renaissance period, and the Age of Enlightenment as well as a peculiar implication and interpretation of the great chain of being specific to modern times. In every period we will deal with just one thinker and their ideas to demonstrate the effect of the great chain of being on those thinkers’ philosophies and systems. In this context, we examined how Thomas Aquinas used the great chain of being to justify some theological and philosophical matters and tried to show how he utilized the principle of continuity effectively to explain the relationship between matter and soul. Marcilio Ficino, a Neo-Platonist philosopher of the Renaissance period, also used the great chain of being to explain the hierarchical order of beings and their ontological relationship to the perfect being, which is God, placing them in a rising line according to their closeness to God. On the other hand, when we come to the Age of Enlightenment we see that the great chain of being continues to be apparent in some philosophical works. One example is John Locke’s famous book An Essay Concerning Human Understanding. Here Locke tries to make sense of the existence of many species of spirits with reference to the great chain of being, especially by using the principle of continuity. This attempt of justification shows us that the great chain of being, as an old philosophical and ontological concept, was still used even in the Enlightenment. Finally, it would be beneficial to address how the chain of being in question was presented and understood in modern times. Unlike the justification of some philosophical or theological subjects, in modern times the hierarchical structure of the great chain of being has been anachronistically read into the theory of evolution with reference to some medieval Muslim philosophers’ works. This approach, however, springs from the figural similarities between the great chain of being and the theory of evolution, although the contents of both theories are completely different. It would be accepted easily that similarities in figure do not necessitate similarities in content. In short, the great chain of being has been very effectively used in the history of philosophy to justify different subjects in different areas such as philosophy and theology. In this article, we address the usages of the chain in question and trace its effects specific to the Western tradition from the ancient period to modern times. (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".