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 characterization result of dilation in terms of positive and negative association admits an extremal counterexample, which we present together with a minor repair of the result. Dilation may be asymmetric whereas covariation itself is symmetric. Dilation is still characterized in terms of positive and negative covariation, however, once the event to be dilated has been specified.

Many of our most important goals require months or even years of effort to achieve, and some never get achieved at all. As social psychologists have lately emphasized, success in pursuing such goals requires the capacity for perseverance, or "grit." Philosophers have had little to say about grit, however, insofar as it differs from more familiar notions of willpower or continence. This leaves us ill-equipped to assess the social and moral implications of promoting grit. We propose that grit has an (...) important epistemic component, in that failures of perseverance are often caused by a significant loss of confidence that one will succeed if one continues to try. Correspondingly, successful exercises of grit often involve a kind of epistemic resilience in the face of failure, injury, rejection, and other setbacks that constitute genuine evidence that success is not forthcoming. Given this, we discuss whether and to what extent displays of grit can be epistemically as well as practically rational. We conclude that they can be (although many are not), and that the rationality of grit will depend partly on features of the context the agent normally finds herself in. In particular, grit-friendly norms of deliberation might be irrational to use in contexts of severe material scarcity or oppression. (shrink)

The question I want to explore is whether experience supports an antireductionist ontology of time, that is, whether we should take it to support an ontology that includes a primitive, monadic property of nowness responsible for the special feel of events in the present, and a relation of passage that events instantiate in virtue of literally passing from the future, to the present, and then into the past.

Suppose some person 'A' sets out to accomplish a difficult, long-term goal such as writing a passable Ph.D. thesis. What should you believe about whether A will succeed? The default answer is that you should believe whatever the total accessible evidence concerning A's abilities, circumstances, capacity for self-discipline, and so forth supports. But could it be that what you should believe depends in part on the relationship you have with A? We argue that it does, in the case where A (...) is yourself. The capacity for "grit" involves a kind of epistemic resilience in the face of evidence suggesting that one might fail, and this makes it rational to respond to the relevant evidence differently when you are the agent in question. We then explore whether similar arguments extend to the case of "believing in" our significant others -- our friends, lovers, family members, colleagues, patients, and students. (shrink)

Descartes is widely portrayed as the arch proponent of “the epistemological transparency of thought” (or simply, “Transparency”). The most promising version of this view—Transparency-through-Introspection—says that introspecting (i.e., inwardly attending to) a thought guarantees certain knowledge of that thought. But Descartes rejects this view and provides numerous counterexamples to it. I argue that, instead, Descartes’s theory of self-knowledge is just an application of his general theory of knowledge. According to his general theory, certain knowledge is acquired only through clear and distinct (...) intellection. Thus, in his view, certain knowledge of one’s thoughts is acquired only through clear and distinct intellection of one’s thoughts. Introspection is a form of intellection and it can be clear and distinct. Ordinarily, however, introspection isn’t clear and distinct but is instead confused with dubitable perceptions of bodies. To make introspection clear and distinct, we need to “sharply separate” it from all perceptions of bodies by doubting all perceptions of bodies. Without such radical doubt, introspection remains confused and we lack certain knowledge not just of the specific features of our thoughts, but even of the minimal claim that a thought exists. Far from being the high priest of Transparency, Descartes is radically opposed to it. (shrink)

I defend a one category ontology: an ontology that denies that we need more than one fundamental category to support the ontological structure of the world. Categorical fundamentality is understood in terms of the metaphysically prior, as that in which everything else in the world consists. One category ontologies are deeply appealing, because their ontological simplicity gives them an unmatched elegance and spareness. I’m a fan of a one category ontology that collapses the distinction between particular and property, replacing it (...) with a single fundamental category of intrinsic characters or qualities. We may describe the qualities as qualitative charactersor as modes, perhaps on the model of Aristotelian qualitative (nonsubstantial) kinds, and I will use the term “properties” interchangeably with “qualities”. The qualities are repeatable and reasonably sparse, although, as I discuss in section 2.6, there are empirical reasons that may suggest, depending on one’s preferred fundamental physical theory, that they include irreducibly intensive qualities. There are no uninstantiated qualities. I also assume that the fundamental qualitative natures are intrinsic, although physics may ultimately suggest that some of them are extrinsic. On my view, matter, concrete objects, abstract objects, and perhaps even spacetime are constructed from mereological fusions of qualities, so the world is simply a vast mixture of qualities, including polyadic properties (i.e., relations). This means that everything there is, including concrete objects like persons or stars, is a quality, a qualitative fusion, or a portion of the extended qualitative fusion that is the worldwhole. I call my view mereological bundle theory. (shrink)

I argue that we can understand the de se by employing the subjective mode of presentation or, if one’s ontology permits it, by defending an abundant ontology of perspectival personal properties or facts. I do this in the context of a discussion of Cappelen and Dever’s recent criticisms of the de se. Then, I discuss the distinctive role of the first personal perspective in discussions about empathy, rational deference, and self-understanding, and develop a way to frame the problem of lacking (...) prospective access to your future self as a problem with your capacity to imaginatively empathize with your future selves. (shrink)

When we define something as a crime, we generally thereby criminalize the attempt to commit that crime. However, it is a vexing puzzle to specify what must be the case in order for a criminal attempt to have occurred, given that the results element of the crime fails to come about. I argue that the philosophy of action can assist the criminal law in clarifying what kinds of events are properly categorized as criminal attempts. A natural thought is that this (...) project should take the form of specifying what it is in general to attempt or try to perform an action, and then to define criminal attempts as attempts to commit crimes. Focusing on Gideon Yaffe's resourceful work in Attempts (Oxford University Press, 2010) as an example of this strategy, I argue that it results in a view that is overly inclusive: one will count as trying to commit a crime even in the far remote preparatory stages that we in fact have good reason not to criminalize. I offer an alternative proposal to distinguish between mere preparations and genuine attempts that has its basis not in trying, but doing: a criminal attempt is underway once what the agent is doing is a crime. Working out the details of this schema turns out to have important implications for action theory. A recently burgeoning view known as Naive Action Theory holds that all action can be explained by appeal to some further thing that the agent is doing, and that that the same explanatory nexus is at work even when we appeal to what the agent is intending, trying, or preparing to do -- these notions do explanatory work because they too refer to actions that are in progress, albeit in their infancy. If this is right, than the notion of 'doing' will also be too inclusive for the purposes of the criminal law. I argue that we should draw the reverse conclusion: the distinctions between pure intending, trying, preparing, and doing serve an important purpose in the criminal law, and this fact lends support to the view that they are genuine metaphysical and explanatory distinctions. (shrink)

Pluralistic ignorance is a socio-psychological phenomenon that involves a systematic discrepancy between people’s private beliefs and public behavior in certain social contexts. Recently, pluralistic ignorance has gained increased attention in formal and social epistemology. But to get clear on what precisely a formal and social epistemological account of pluralistic ignorance should look like, we need answers to at least the following two questions: What exactly is the phenomenon of pluralistic ignorance? And can the phenomenon arise among perfectly rational agents? In (...) this paper, we propose answers to both these questions. First, we characterize different versions of pluralistic ignorance and define the version that we claim most adequately captures the examples cited as paradigmatic cases of pluralistic ignorance in the literature. In doing so, we will stress certain key epistemic and social interactive aspects of the phenomenon. Second, given our characterization of pluralistic ignorance, we argue that the phenomenon can indeed arise in groups of perfectly rational agents. This, in turn, ensures that the tools of formal epistemology can be fully utilized to reason about pluralistic ignorance. (shrink)

We offer a critical survey of the most discussed accounts of epistemic peer disagreement that are found in the recent literature. We also sketch an alternative approach in line with a pluralist understanding of epistemic rationality.

Papers, Please, by Lucas Pope (2013), explores the story of a customs inspector in the fictional political regime of Arstotzka. In this paper we explore the stories, systems and moral themes of Papers, Please in order to illustrate the systemic approach to designing videogames for moral engagement. Next, drawing on the Four Component model of ethical expertise from moral psychology, we contrast this systemic approach with the more common scripted approach. We conclude by demonstrating the different strengths and weaknesses that (...) these two approaches have when it comes to designing videogames that engage the different aspects of a player’s moral expertise. (shrink)

Is there a sense in which we exercise direct volitional control over our beliefs? Most agree that there is not, but discussions tend to focus on control in forming a belief. The focus here is on sustaining a belief over time in the face of ‘epistemic temptation’ to abandon it. It is argued that we do have a capacity for ‘doxastic self-control’ over time that is partly volitional in nature, and that its exercise is rationally permissible.

Many philosophers and jurists believe that individuals should sometimes be granted religiouslygrounded exemptions from laws or rules. To determine whether an exemption is merited in a particular case, the religious claim must be weighed against the countervailing values that favour the uniform application of the law or rule. This paper develops and applies a framework for assessing the weight of religious claims to exemption, across two dimensions. First, the importance of the burdened religious practice, which is determined by its level (...) of obligatoriness and centrality, according to the beliefs of the individual claimant. Second, the extent of the burden on the practice, which depends on the cost the individual bears if she both undertakes the religious practice and obeys the law or rule, where costs are assessed using an impartial account of individual interests. Exemptions should be granted when claims are weighty on either of these dimensions and the countervailing value is relatively weak. The final section of the paper responds to an important objection to this approach, which concerns administrability. (shrink)

Neither Karl Popper, nor Frank Knight, nor Max Weber are cited or mentioned in Friedman’s famous 1953 essay “On the methodology of positive economics” (F53). However, they play a crucial role in F53. Making their con-tribution explicit suggests that F53 has been seriously misread in the past. I will first show that there are several irritating statements in F53 that are, taken together, not compatible with any of the usual readings of F53. Sec-ond, I show that an alternative reading of (...) F53 can be achieved if one takes seriously Friedman’s reference to ideal types; “ideal type” is a technical term introduced by Max Weber. Friedman was familiar with Max Weber’s work through Frank Knight, who was his teacher in Chicago. Given that in F53’s view ideal types are fundamen-tal building blocks of economic theory, it becomes clear why both instrumentalist and realist readings of F53 are inadequate. Third, the reading of F53 in terms of ideal types gives the role of elements from Popper’s falsifica-tionist methodology in F53 a somewhat different twist. Finally, I show that the irritating passages of F53 make good sense under the new reading, including the infamous “the more significant the theory, the more unrealistic the assumptions”. (shrink)

We offer a brief characterization of creativity, followed by a review of some of the reasons people have been skeptical about the possibility of explaining creativity. We then survey some of the recent work on creativity that is naturalistic in the sense that it presumes creativity is natural (as opposed to magical, occult, or supernatural) and is therefore amenable to scientific inquiry. This work is divided into two categories. The broader category is empirical philosophy, which draws on empirical research while (...) addressing questions that have traditionally been regarded as philosophical. The second category is experimental philosophy, a special branch of empirical philosophy in which experiments are designed (by philosophers) with the explicit purpose of addressing philosophical questions. All of this highlights the relative theoretical neglect of creativity, while at the same time suggesting ample opportunity for experimentally minded philosophers to break new ground. (shrink)

The self can be understood in objective metaphysical terms as a bundle of properties, as a substance, or as some other kind of entity on our metaphysical list of what there is. Such an approach explores the metaphysical nature of the self when regarded from a suitably impersonal, ontological perspective. It explores the nature and structure of the self in objective reality, that is, the nature and structure of the self from without. This is the objective self. I am taking (...) a different approach. In addition to objective reality, which is usually understood and explored from an impersonal, quasi-observational and metaphysically realist perspective, we can also explore the nature and structure of subjective reality. The nature and structure of subjective reality is defined by the nature and structure of first-personal, conscious experience. Subjective reality is as real as objective reality, and a metaphysical realist such as myself can endorse the existence of both kinds of ontology. The mental states that, as experienced from the first-personal or subjective perspective, capture the nature and structure of subjective reality, are included in objective reality. The questions to explore in a subjective ontology of the self concern the nature and structure of the self from the first-personal or subjective perspective, that is, the nature and structure of the self from within. This is the subjective self. (shrink)

This essay examines the recent Planet of the Apes films through the lens of recent research in primatology. The films lend imaginary support to primatologist Frans de Waal’s evolutionary moral sentimentalism; however, the movies also show that truly moral motions outstrip the cognitive capacities of the great apes. The abstract moral principles employed by the ape community in the movie require the ability to understand and apply a common underlying explanation to perceptually disparate situations; in contrast, recent research in comparative (...) psychology demonstrates that the great apes lack this capacity. Since the capacity for abstraction is required on even the most basic version of moral sentimentalism—Shaun Nichols’ sentimental rules account—the lack of the capacity for abstraction reveals a qualitative distinction between primate social behavior and human morality. (shrink)

G.E.M. Anscombe famously remarked that an adequate philosophy of psychology was needed before we could do ethics. Fifty years have passed, and we should now ask what significance our best theories of the psychology of agency have for moral philosophy. My focus is on non-moral conceptions of autonomy and self-governance that emphasize the limits of deliberation -- the way in which one's cares render certain options unthinkable, one's intentions and policies filter out what is inconsistent with them, and one's resolutions (...) function to block further reflection. I argue that we can expect this deliberative "silencing" to lead to moral failures that occur because the morally correct option was filtered out of the agent's deliberation. I think it follows from these conceptions of self-governance that we should be considered culpable for unwitting acts and omissions, even if they express no ill will, moral indifference, or blameworthy evaluative judgments. The question is whether this consequence is acceptable. Either way, the potential tradeoff between self-governance and moral attentiveness is a source of doubt about recent attempts to ground the normativity of rationality in our concern for self-governance. (shrink)

Three kinds of things may be creative: persons, processes, and products. The standard definition of creativity, used nearly by consensus in psychological research, focuses specifically on products and says that a product is creative if and only if it is new and valuable. We argue that at least one further condition is necessary for a product to be creative: it must have been produced by the right kind of process. We argue furthermore that this point has an interesting epistemological implication: (...) when you judge a product to be creative--attributing creativity--you are not just judging it to be new and valuable. Even if you did not witness how it was produced, you are also making a judgement about how it was produced. (shrink)

When talking about truth, we ordinarily take ourselves to be talking about one-and-the-same thing. Alethic monists suggest that theorizing about truth ought to begin with this default or pre-reflective stance, and, subsequently, parlay it into a set of theoretical principles that are aptly summarized by the thesis that truth is one. Foremost among them is the invariance principle.

A survey of the notion of intention as it relates to debates in the philosophy of action, moral psychology, and ethics.

I unpack the metaphor of “Making worlds with symbols” with the Kantian attitude that all our cognitive contact with the world, including perception, is representational. Using two ideas, Carnap’s frameworks and Stalnaker’s common ground that I take to illustrate the metaphor, I develop a broader conception of frameworks. I then develop and defend my main thesis, that all our framework bound access to the world is through frameworks that stand to be improved in accuracy, precision, and usually both. Such improvement (...) is characterized in pragmatist terms. (shrink)

What was René Girard’s attitude towards philosophy? What philosophers influenced him? What stance did he take in the philosophical debates of his time? What are the philosophical questions raised by René Girard’s anthropology? In this interview, Paul Dumouchel sheds light on these issues.

Zeno’s Arrow and Nāgārjuna’s Fundamental Wisdom of the Middle Way Chapter 2 contain paradoxical, dialectic arguments thought to indicate that there is no valid explanation of motion, hence there is no physical or generic motion. There are, however, diverse interpretations of the latter text, and I argue they apply to Zeno’s Arrow as well. I also find that many of the interpretations are dependent on a mathematical analysis of material motion through space and time. However, with modern philosophy and physics (...) we find that the link from no explanation to no phenomena is invalid and that there is a valid explanation and understanding of physical motion. Hence, those arguments are both invalid and false, which banishes the MMK/2 and The Arrow under this and derivative interpretations to merely the history of philosophy. However, a view that maintains their relevance is that each is used as a koan or sequence of koans designed to assist students in spiritual meditation practice. This view is partly justified by the realization that both Nāgārjuna and Zeno were likely meditation masters in addition to being logicians. The works are, therefore, not works that should be assessed as having valid arguments and true conclusions by the standards of modern analytic philosophy—contrary to some of the literature—but rather are therapeutic and perhaps more appropriately considered as part of an experientially focused philosophy such as existentialism, phenomenology or religion. (shrink)

If we follow we will see that one third of Rabindranath's Poetry are indication of expand of literature of letters. Viewing the subject variant of multiple thinking of the literature of letters, it seems that Rabindra paragraph could not get full form if he did not present it to us. In his every letters we see subject variant. Religion, Society, city life, Independence of women, Education, thinking about nature, love; nothing left in his script. All letters written by him in (...) different time are contained in books named “Chinnopotro”, “Bhanusinger Potro”, Russiaer Chiti”. His first countable Book “Europe Probashis Potro”, describes the story of his England journey at teenage. In spite of these the number of letters which are written addressing to his wife, son, relative-friend, pal, colleague & co-operator, are not a lesser quantity; some of these are attached in the book “Chiti Patra”.Where we find Rabindranath as a human being. Answers toward questions of Hemantabala Devi (Beloved, personable, Hemantabala is daughter of zaminder Brojendrakishore Roychoudhury of Moimonsing District of Gouripur, & wife of zaminder Brojendrakanta of Rongpur Bhitorbongo. She left her family & had become Baishnav, and in alias name communicated with Rabindranath through writing letters, appreciated for “Sesher kabita” & thus starts corresponding by Rabindranath of miscellaneous religious & socialism questions, we find the thinking of Rabindranath about religion & society. Rabindranath thinks the dirt of body clean through taking bath, but the thinking about clean of mind through taking bath is nothing but foolishness. So, estimating any community as worthless is a sin. All people in spite of different cast & creed should understand that God is devoted always for every era, not let think them personal property which degrades God. If this thinking will not become clearly known to all, till then in ‟India" Gods are degraded, Human being are degraded; never this defame will go away. (shrink)

A focus on the presence of unjustified coercion is one of the central normative concerns of Kant’s entire practical philosophy, from the ethical to the cosmopolitical. This focus is intimately interconnected with Kant’s account of sovereignty, since only the sovereign can justifiably coerce others unconditionally. For Kant, the sovereign is she who has the rightful authority to legislate laws and who is subject only to the laws that she gives herself. In the moral realm (or kingdom) of ends, each citizen (...) is both a member of that realm and an equal co-sovereign of its categorically binding laws (GMS, 4:433-34, Reath 2006, p. 5). As such, each citizen is 'subject to the moral law' only insofar as she is 'at the same time lawgiving with respect to it and only for that reason subordinated to it' (GMS, 4:440). But when Kant comes to think about sovereignty in the political sphere, a number of tensions emerge. These tensions emerge because a doctrine of absolutist popular sovereignty, according to which the people are the ultimate holders of sovereignty, seems to be implied by Kant’s underlying normative theory. However, Kant also makes numerous explicit statements which seem to imply a doctrine of absolutist ruler sovereignty, according to which the ruler is the ultimate holder of sovereignty. And this seems inconsistent. However, despite the appearance of inconsistency I shall argue, by exploring the issues of civil disobedience and cosmopolitan peace, that Kant consistently defends an account of absolutist popular sovereignty which is compatible with his core normative commitments. Exploring these issues will also illuminate Kant’s political teleology by showing us the political ends towards which we should work and the means by which we should pursue them. (shrink)

Kant develops his political philosophy in the context of a teleological conception of both nature and human history. For Kant, political thought must be undertaken in the context of a progressive historical view of humanity’s place in nature. For this reason Kant would strongly agree with John Rawls’s claim that one of the key roles that political philosophy plays in a society’s political culture is that of ‘probing the limits of practicable political possibility. In this role, we view political philosophy (...) as realistically utopian’ (Rawls 2007, pp. 10-11). The fact that political philosophy has this public role helps to explain the close links that exist between politics and teleology in Kant’s work. Teleology is the study of ends and of the purposiveness of both nature and history. One of the key roles of political philosophy is, for Kant, to probe what politics and human societies more generally can, will and should become in the context of the historically developing and purposive natural systems of which humans are part. Politics must be understood in its natural and historical context, but nature (especially human nature) and history must in turn be understood from a progressive political perspective. For Kant, the historical outcome of this purposive natural system, the end of history, is the full development of humanity’s predispositions for the use of reason within a moral and just society. This volume explores these issues. (shrink)

Entre el arte y la literatura se han generado múltiples reflexiones que han sido estudiadas por la historia del arte, la teoría literaria y la estética, entre otros. Igualmente, podemos considerar una larga tradición de artistas y escritores que se han empeñado, por medio de ensayos, críticas y manifiestos, en considerar los ámbitos y lugares de competencia de cada forma artística, así como sus lugares de similitud y diferencia en una larga tradición de préstamos interartísticos entre la palabra y la (...) imagen. En el seno de esta discusión, se quiere analizar el diálogo disciplinar entre la literatura y el arte que se da en torno a la figura del pintor post impresionista Paul Gauguin y el escritor Mario Vargas Llosa. Para ello, reflexionamos a partir de una de las obras fundamentales del pintor francés, que tiene su correspondencia y complementariedad en la obra literaria del escritor peruano. De esta manera, se presenta una revisión de una fuente literaria que propone no solo una alusión temática a la obra del pintor, sino que se enmarca bajo coordenadas estéticas, que superan los armazones de las teorías o historias meramente literarias. (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)

Kalam cosmological arguments have recently been the subject of criticisms, at least inter alia, by physicists---Paul Davies, Stephen Hawking---and philosophers of science---Adolf Grunbaum. In a series of recent articles, William Craig has attempted to show that these criticisms are “superficial, iII-conceived, and based on misunderstanding.” I argue that, while some of the discussion of Davies and Hawking is not philosophically sophisticated, the points raised by Davies, Hawking and Grunbaum do suffice to undermine the dialectical efficacy of kalam cosmological arguments.

This article presents Paul Ricœur’s hermeneutic of the productive imagination as a methodological tool for understanding the innovative social function of texts that in exceeding their semantic meaning, iconically augment reality. Through the reasoning of Rastafari elder Mortimo Planno’s unpublished text, Rastafarian: The Earth’s Most Strangest Man, and the religious and biblical signification from the music of his most famous postulate, Bob Marley, this article applies Paul Ricœur’s schema of the religious productive imagination to conceptualize the metaphoric transfer (...) from text to life of verbal and iconic images of Rastafari’s hermeneutic of word, sound and power. This transformation is accomplished through what Ricœur terms the phenomenology of the iconic augmentation of reality. Understanding this semantic innovation is critical to understanding the capacity of the religious imagination to transform reality as a proclamation of hope in the midst of despair. (shrink)

In May 2017, my book ‘Conversations on Art and Aesthetics’ appeared. It contains conversations with, and photographic portraits of, ten prominent philosophers of art. They are Noël Carroll, Gregory Currie, Arthur Danto, Cynthia Freeland, Paul Guyer, Carolyn Korsmeyer, Jerrold Levinson, Jenefer Robinson, Roger Scruton, and Kendall Walton. The book has two main aims. One is to provide a broad and accessible overview of what aesthetics as a subfield of philosophy has to offer. The other is to stimulate new (...) work in this area of research. In this brief paper I’d like to say a bit more about this second objective. Current research is rarely conducted or communicated in the form of conversations, so the question arises: how can a book like mine fit with and feed into a research culture which is very much dominated by the format of the journal article? (shrink)

The contribution focuses on philosophical issues of justice of positive law in the light of the social teaching of John Paul II. The analyses start with consideration of anthropological foundations of justice as virtue, develop with the reflexion upon justice of actions realizing justice and finally arrive at examination of the criteria of justice of law. -/- It is argued that relations between a human being and goods (ends of actions) form ontological basis of natural law and justice of (...) actions – orders and prohibitions are secondary in respect to these relations. An aim of just law (and natural law) is not preservation or restoration of abstractly understood moral order based on norms – orders and prohibitions) but integral development (good) of a person – a being possessing dignity. John Paul’s II philosophy of law takes advantage primarily of Thomas Aquinas’ approach to law and combines it with constructions which are typical for modern human rights protection. John Paul’s II conception of natural law is anthropocentric and bases on subjective rights thinking. Human dignity and human rights which derive from it provide basic criteria for the justice of law. Human rights as subjective rights disclose natural law which is understood as a set of goods for a human person. These goods are ends of actions and as such they determine actions and their forms. This point of view is compatible with Aquinas’ definition: “law is nothing but a rational plan of operation, and … the rational plan of any kind of work is derived from the end” (Summa contra gentiles, lib. 3, cap. 114, n. 5). -/- Positive (human) law which is not just has no normative power in this sense that it does not in itself provide reasons for concrete actions of a concrete actor. Sometimes there are moral reasons for following unjust law, however if its norm prescribes actions which are wrong in themselves (internally wrong) there is moral obligation to act contrary to such a legal norm. -/- Zasadniczym przedmiotem opracowania jest filozoficzna refleksja Jana Pawła II nad sprawiedliwością prawa stanowionego. Analizy przebiegają od zagadnienia antropologicznych podstaw sprawiedliwości poprzez problematykę działań realizujących sprawiedliwość do zagadnienia sprawiedliwości prawa stanowionego. Opracowanie zamykają uwagi wskazujące na kontekst teologiczny istotny dla problematyki sprawiedliwości, którego analiza wykracza jednak poza podjęte zamierzenie koncentrujące się na problematyce filozoficznoprawnej. Argumentuje się, że u podstaw tej refleksji leży namysł nad relacją człowieka do dobra, która stanowi ontologiczną podstawę prawa naturalnego i sprawiedliwości – nakazy i zakazy są wtórne wobec tej relacji. Celem prawa i sprawiedliwości jest dobro konkretnego, obdarzonego godnością człowieka, a nie np. przywracanie abstrakcyjnie pojętego porządku moralnego. Od strony konstrukcji teoretycznej, filozofia prawa Jana Pawła II jest osadzona przede wszystkim na koncepcji Tomasza z Akwinu łączonej z konstrukcjami typowymi dla współczesnej ochrony praw człowieka. To w godności i wynikających z niej prawach człowieka poszukiwać trzeba zasadniczych treściowych kryteriów sprawiedliwości prawa. Prawa człowieka jako prawa podmiotowe są podstawowym wyrazem prawa naturalnego, stanowiącego ontyczną podstawę sprawiedliwości i które pojmowane jest jako zespół dóbr dla osoby, zatem i celów kształtujących działanie. Perspektywa pojmowania prawa naturalnego jest antropocentryczna. Prawo stanowione, które nie jest sprawiedliwe, nie ma „mocy prawa”, przede wszystkim w takim sensie, że nie stanowi samo w sobie racji działania. Niekiedy, ze względów moralnych, niesprawiedliwe prawo wymaga posłuszeństwa. Jeśli jednak prawo stanowione daje uprawnienia do czynów wewnętrznie złych i nakazuje takie czyny, to nie tylko nie obowiązuje w sumieniu i nie jest racją działania, ale obowiązkiem jest postępowanie wbrew takiemu prawu. (shrink)

This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.

Feminism and Tradition in Aesthetics takes a fresh look at the history of aesthetics and at current debates within the philosophy of art by exploring the ways in which gender informs notions of art and creativity, evaluation and interpretation, and concepts of aesthetic value. Multiple intellectual traditions have formed this field, and the discussions herein range from consideration of eighteenth century legacies of ideas about taste, beauty, and sublimity to debates about the relevance of postmodern analyses for feminist aesthetics. Forward (...) by Arthur C. Danto, 20 authors include Paul Mattick, Jr., Caroline Korsmeyer, Timothy Gould, Christine Battersby, Mary Devereaux, bell hooks, REnee Lorraine, Trinh T. Minh-ha, Elizabeth Ann Dobie, Adrian Piper, Anita Silvers, Susan Feagin, Mary D. Garrard, Ellen Handler Spitz, Noel Carroll, Joanne Waugh, Joseph Margolis, Rita Felski, and Hilde Hein, as well as Peg Brand's essay, "Revising the Aesthetic-Nonaesthetic Distinction: The Aesthetic Value of Activist Art.". (shrink)

Se presentan las concepciones sobre el argumento ontológico en Paul Tillich y en Jean-Luc Marion. Paul Tillich no ha creado una propia escuela de pensamiento, pero ha influido sobre muchos pensadores. Abre el camino a posteriores reflexiones, desde diversos puntos metodológicos, sobre el problema ontológico, sobre la realidad de Dios y sobre la relación del Ser con la cultura. Se puede decir que, a partir de él, se abren caminos para pensar el papel de la mística en el (...) conocimiento del Being itself (el ser mismo), la relación dinámica en la vida del hombre, el darse del Ser como ágape, la correlación entre mística y cultura. Y Jean-Luc Marion lleva a su plenitud las ideas de Anselmo y Tillich: Dios no se piensa sino que se da. (shrink)

On March 9th, 1985, Paul Ricoeur and Cornelius Castoriadis met at the studio of the France Culture “Le Bon Plaisir” radio broadcaster. In 2016, the transcript of their dialogue, their only public debate, was published. This publication is significant not only because it highlights the points of convergence and divergence between the two prominent thinkers, but also because the issues they discuss: the relation between society and history, tradition and creativity, imagination and collective action, are relevant to the philosophical (...) and political discourse of our time. (shrink)

This essay examines Paul Ricœur’s views on recognition in his book The Course of Recognition . It highlights those aspects that are in some sense surprising, in relation to his previous publications and the general debates on Hegelian Anerkennung and the politics of recognition. After an overview of Ricœur’s book, the paper examines the meaning of “recognition” in Ricœur’s own proposal, in the dictionaries Ricœur uses, and in the contemporary debates. Then it takes a closer look at the ideas (...) of recognition as identification and as “taking as true.” Then it turns to recognition (attestation) of oneself, in light of the distinction between human constants (and the question “What am I?”), and human variables (and the question “Who Am I?”). The last section concerns the dialectics of struggles for recognition and states of peace, and the internal relationship between the contents of a normative demand and what counts as satisfying the demand. . (shrink)

Moral violation often takes the form of material harm, which might lead us to suppose that it consists essentially in the harm done. And yet we might suffer the same harm through nature or accident without feeling morally offended. If a hurricane destroys my property, I suffer harm but no offense. If another person deliberately damages my property, I am offended. But why? Wherein lies the difference? My essay employs Arthur Schopenhauer’s ethic of egoism and Paul Tillich’s theology (...) of love to explore the ontological basis of moral offense. I argue that moral offense has its roots, not in a concern for material well-being, but in a fundamental drive for Unity, unity with others and with our own ontological ground. This drive is both conditioned by, and frustrated by, our ontological separateness as individual beings. (shrink)

El documento expone los antecedentes sugeridos por Paul Ricoeur sobre lo que podría denominarse “la polémica epistemológica en ciencias sociales”, referidos a la formulación de un método legítimo para la investigación en dichas ciencias que responda a las particularidades propias de su objeto de estudio. En este sentido, se rastrea la cuestión en la tradición hermenéutica romántica, concretamente en el pensamiento de Wilhelm Dilthey, pasando por la teoría estructural de estudio del texto escrito y la formulación de una teoría (...) de la acción anglosajona, para finalmente terminar en la ricoeurtiana consideración hermenéutica de la acción significativa, que asume al texto como paradigma y propuesta de superación de los escollos en torno a la referida polémica. (shrink)

Imre Lakatos and Paul Feyerabend initially both accepted Popper's philosophy of science, but then reacted against it, and developed it in different directions. Lakatos sought to reconcile Kuhn and Popper by characterizing science as a process of competing research programmes, competing fragments of Kuhn's normal science. Feyerabend emphasized the need to develop rival theories to facilitate severe empirical testing of accepted theories, but then, as a result of a disastrous mistake, came to hold that theories that are incompatible with (...) one another cannot be compared empirically. He ended up rejecting method in science. All four philosophers, Popper, Kuhn, Lakatos and Feyerabend missed the decisive defect in Popper's philosophy of science: persistent acceptance of unified theories only when endlessly many empirically more successful disunified rivals are available means that physics makes a big, highly problematic metaphysical assumption about the nature of the universe: it is such that some kind of underlying unity exists in nature. We need to adopt a new conception of science. In order to subject this implicit metaphysical conjecture to sustained critical assessment in an attempt to improve it, we need to see science as making a hierarchy of metaphysical assumptions about the knowability and comprehensibility of the universe, these assumptions becoming less substantial and more likely to be true as we ascend the hierarchy. Elements of Popper, Kuhn and Lakatos are to be found in this picture, but it also differs radically from all three. It more closely resembles Einstein's mature views about the nature of science. (shrink)

Paul Valéry is de dichter die zwijgt; de denker die weigert filosoof te zijn; de schrijver die de taal in staat van beschuldiging stelt; de expert die volhoudt een amateur te zijn; de mysticus die zijn heil zoekt bij de wiskunde; de stamelaar die aan een kwaal van precisie lijdt; de Narcissus die misschien toch liever Orpheus had willen zijn. Hij is de chroniqueur van het denken en de meester van de tegenspraak. Ik probeer me hem voor te stellen. (...) Het is 1894 en hij zit gebogen te schrijven in de schriftjes waarin hij elk ochtend 'entre la lampe et le soleil' zijn denken fileert, een project dat uitmondde in ca. 30.000 bladzijden weerbarstige onvoltooidheid: de Cahiers. (shrink)

Éric Delassus | : Selon Fabienne Brugère, un point de rencontre existe entre l’éthique spinoziste et les éthiques du care, le care pouvant être envisagé comme une réactualisation du conatus spinoziste. Cet article vise à démontrer que cette convergence peut s’établir à partir d’une éthique narrative inspirée de la pensée de Paul Ricoeur. Cela concerne principalement la perception que l’on peut avoir de soi en tant que corps et esprit, dans la mesure où l’esprit est défini par Baruch Spinoza (...) comme « idée du corps ». L’éthique spinoziste invite à se rendre utile aux autres pour augmenter notre puissance d’être et nous libérer d’une servitude qui n’est pas sans rapport avec la vulnérabilité telle que définie dans les éthiques du care. L’humain.e vulnérable a besoin pour se sentir exister d’avoir une idée cohérente de son corps, et le récit est l’une des voies lui permettant de progresser dans cette direction. Encore faut-il, pour y parvenir, trouver des pourvoyeuses et pourvoyeurs de care disposé.e.s à écouter, aptes à susciter en soi le désir de se raconter. | : According to Fabienne Brugère, there is common ground between Spinoza’s ethics and the ethics of care, which can be regarded as a renewal of the Spinozan concept of ‘conatus.’ This article aims to demonstrate that this form of convergence can be based upon a narrative ethic as inspired by Paul Ricoeur’s thought. It is mainly about how people can perceive themselves both as mind and body, insofar as “mind” is defined by Spinoza as the “idea of the body.” The Spinozan ethic leads us to make ourselves useful to other people in order to expand our capacity to be and to free ourselves from a form of servitude that is somewhat linked to vulnerability as it is defined in the ethics of care. Therefore, vulnerable people each need to develop consistent ideas of their bodies if they wish to feel that they do exist. Narrative is one of the many ways of advancing in that direction. However, vulnerable people should not be alone; they must be accompanied by care providers who have a sympathetic ear and who can arouse in them the desire to tell and share their stories. (shrink)

Paul Weingartner's classification of the sciences is analyzed in detail. There is a small mistake in the definition of the set of descriptive-normative sciences, which makes the classification incorrect, but which can easily be remedied.

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)

Beauty has captured human interest since before Plato, but how, why, and to whom does beauty matter in today's world? Whose standard of beauty motivates African Americans to straighten their hair? What inspires beauty queens to measure up as flawless objects for the male gaze? Why does a French performance artist use cosmetic surgery to remake her face into a composite of the master painters' version of beauty? How does beauty culture perceive the disabled body? Is the constant effort to (...) remain young and thin, often at considerable economic and emotional expense, ethically justifiable? Provocative essays by an international group of scholars discuss beauty in aesthetics, the arts, the tools of fashion, the materials of decoration, and the big business of beautification—beauty matters—to reveal the ways gender, race, and sexual orientation have informed the concept of beauty and driven us to become more beautiful. Here, Kant rubs shoulders with Calvin Klein. Beauty Matters draws from visual art, dance, cultural history, and literary and feminist theory to explore the values and politics of beauty. Various philosophical perspectives on ethics and aesthetics emerge from this penetrating book to determine and reveal that beauty is never disinterested. Foreward by Eleanor Heartney; Introduction by Peg Brand. Authors include Marcia M. Eaton, Noel Carroll, Paul C. Taylor, Arthur C. Danto, Kathleen M. Higgins, Susan Bordo, Dawn Perlmutter, Eva Kit Wah Man, Anita Silvers, Hilary Robinson, Kaori Chino, Sally Banes, and Peg Brand's essay "Bound to Beauty: An Interview with Orlan." (available here). (shrink)

Feminism and Tradition in Aesthetics takes a fresh look at the history of aesthetics and at current debates within the philosophy of art by exploring the ways in which gender informs notions of art and creativity, evaluation and interpretation, and concepts of aesthetic value. Multiple intellectual traditions have formed this field, and the discussions herein range from consideration of eighteenth century legacies of ideas about taste, beauty, and sublimity to debates about the relevance of postmodern analyses for feminist aesthetics. Forward (...) by Arthur C. Danto, 20 authors include Paul Mattick, Jr., Caroline Korsmeyer, Timothy Gould, Christine Battersby, Mary Devereaux, bell hooks, REnee Lorraine, Trinh T. Minh-ha, Elizabeth Ann Dobie, Adrian Piper, Anita Silvers, Susan Feagin, Mary D. Garrard, Ellen Handler Spitz, Noel Carroll, Joanne Waugh, Joseph Margolis, Rita Felski, and Hilde Hein, as well as Peg Brand's essay, "Revising the Aesthetic-Nonaesthetic Distinction: The Aesthetic Value of Activist Art.". (shrink)

Cette recherche se concentre sur la problématique de la méthode dans l’herméneutique ricœurienne et sa relation étroite avec les sciences humaines et sociales. Cette problématique concerne aussi bien l’herméneutique ricœurienne des symboles et des signes, que les théories du texte, de l’action et de l’histoire. Notre recherche vise premièrement à analyser la dialectique que Ricœur s’efforce d’établir, aussi bien dans l’herméneutique que dans les sciences humaines et sociales, entre des approches explicatives et des approches compréhensives, entre l’herméneutique du soupçon et (...) l’herméneutique de la foi, entre l’archéologie et la téléologie, et particulièrement entre la compréhension et l’explication. Deuxièmement, tout en analysant la relation entre la compréhension, l'explication et l'interprétation, la recherche propose une herméneutique du discours oral, en général, et du dialogue, en particulier. L'herméneutique proposée dans cette recherche dépasse relativement l'herméneutique de Ricœur qui exclut explicitement le discours oral de son herméneutique. Toutefois, elle est également considérée comme une extension de l'herméneutique ricœurienne, car elle est fondée sur son paradigme du texte et celui de la traduction. La recherche suggère que le paradigme ricœurien de la traduction peut être considéré, à la fois, comme le paradigme principal de l'herméneutique proposée du discours oral, d’un côté, et comme le troisième paradigme de l'herméneutique ricœurienne, de l’autre côté, tout en sachant que le paradigme du symbole et celui du texte sont considérés respectivement comme le premier et le second paradigme de cette herméneutique. ..................... This thesis focuses on the problem of method in the hermeneutics of Paul Ricœur and its close relationship with the human and social sciences. The problem of method is discussed in Ricœur’s hermeneutics of symbols and signs and his hermeneutics of text and of action. The thesis analyses Ricœur’s dialectics between explanatory method and comprehensive method, the hermeneutics of suspicion and the hermeneutics of faith, archaeology and teleology, and particularly between understanding and explanation. This dialectic was established by Ricœur in his work on the different theories of symbol, text, metaphor, action and history. While discussing the relationship between understanding, explanation and interpretation, the thesis proposes a hermeneutics of oral discourse in general and of dialogue in particular. The hermeneutics proposed in this thesis go beyond Ricœur’s hermeneutics which explicitly excludes spoken discourse. However, it is also considered as an extension of the hermeneutics of Ricœur since it is based on Ricœur’s paradigm of text and translation. Thus, in addition to Ricœur’s hermeneutic paradigm of symbol and of text, this thesis suggests that Ricœur’s paradigm of translation is the main paradigm of the proposed hermeneutics of oral discourse and can be considered as the third paradigm of Ricœur’s hermeneutics. (shrink)