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)

This is a description and analysis of the intellectual culture of the eighteenth-century Church of England. Challenging conventional perceptions of the Church as an intellectually moribund institution, the study traces the influence of thinkers such as Locke, Newton, Burke, and Gibbon on theological debate in England during this period.

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.

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law (...) by explicitly proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

This book collects and focuses recent writings of Arthur Schlesinger on the themes of its title. In its short Foreword and seven concise essays, the book aims to explore, in some contrast with the genre of “instant history,” the relationship between President George W. Bush’s Iraq adventure and the national past. This aim and the present work are deserving of wide attention, both because of the contemporary need to deal with the extended war in Iraq and because Americans, in (...) particular, need to attend to their own history, if we are to avoid past mistakes and make the best use of our ongoing political traditions and institutions. In order to know better where we might go in the future, we need an adequate picture of where we have been in the past. Schlesinger invites us to debate the war, the Presidency, and their relation to the American past. (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)

To escape from the labyrinth of the continuum, Leibniz maintains, we must think very differently about the nature of space, time, bodies, and substances; and in particular we must posit an infinity of simple substances or monads. The main aim of this historically rich and interpretively provocative book is to explain why Leibniz says such things by examining his purported solution and how he arrived at it. Each of the book’s seven chapters focuses on a different “Ariadnean thread” that supposedly (...) helped Leibniz find his way out of the labyrinth. They concern the themes of “composition, aggregation, atoms, forms, motion, substance, and continuation in existence” (6). (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".

This book presents new research into key areas of the work of German philosopher and mathematician Gottfried Wilhelm Leibniz (1646-1716). Reflecting various aspects of Leibniz's thought, this book offers a collection of original research arranged into four separate themes: Science, Metaphysics, Epistemology, and Religion and Theology. With in-depth articles by experts such as Maria Rosa Antognazza, Nicholas Jolley, Agustín Echavarría, Richard Arthur and Paul Lodge, this book is an invaluable resource not only for readers just beginning to discover Leibniz, (...) but also for scholars long familiar with his philosophy and eager to gain new perspectives on his work. (shrink)

This is a expository and critical review of Arthur Schlesinger, Jr. 's last book, War and the American Presidency. The book collects and focuses recent writings of Arthur Schlesinger on the themes of its title. In its short Foreword and seven concise essays, the book aims to explore, in some contrast with the genre of “instant history,” the relationship between President George W. Bush’s Iraq adventure and the national past. This aim and the present work are deserving of (...) wide attention, both because of the contemporary need to deal with the extended war in Iraq and because Americans, in particular, need to attend to their own history, if we are to avoid past mistakes and make the best use of our ongoing political traditions and institutions. In order to know better where we might go in the future, we need an adequate picture of where we have been in the past. Schlesinger invites us to debate the war, the Presidency, and their relation to the American past. (shrink)

Nominalists need some account of correctness for sentences committed to the existence of abstract objects. This paper proposes a new statement of such conditions specifically for properties. The account builds on an earlier proposal of mine, but avoids the counter-examples against the latter pointed out by Thomas Schindler, particularly, the sentence ‘There are inexpressible properties’. I argue that the new proposal is independently motivated and more faithful to the spirit of the kind of error-theoretic nominalism that the original proposal was (...) part of. Along the way, I also propose novel treatments of Arthur Pap’s and W.V.O. Quine’s notoriously hard-to-paraphrase sentences about abstracta. (shrink)

This paper presents a close analysis of Steve Pyke’s famous series of portraits of philosophers. By comparing his photographs to other well-known series of portraits and to other portraits of philosophers we will seek a better understanding of the distinctiveness and fittingness of Pyke’s project. With brief nods to Roland Barthes, Jean Baudrillard, G.W.F. Hegel, and Arthur Schopenhauer and an extensive critical investigation of Cynthia Freeland’s ideas on portraiture in general and her reading of Steve Pyke’s portraits in particular, (...) this paper will also aim to make a contribution to the philosophical debate on portraiture. (shrink)

The sense of form that provides the modern poet with a unique experience of the literary object has been crucial to various attempts to compare poetry to other cultural activities. In maintaining similar conceptions of the relationship between poetry and painting, Arthur Rimbaud and W. C. Williams establish a common basis for interpreting their creative work. And yet their poetry is more crucially concerned with the sudden emergence of visible "worlds" containing verbal objects that integrate a new kind of (...) literary text. This paper discusses the emergence of "aesthetic worlds" in the work of both poets and then examines how a common concern with Baroque form unites them in the phenomenological task of overcoming Cartesian dualism. (shrink)

This paper sets out to interpret the phrase ‘the city landscape’. Beginning with landscape aesthetics based on two categories — the picturesque and the sublime — the author attempts todemonstrate that a city can be interpreted in terms of a cultural landscape. This necessitates a re‑interpretation of the category of the sublime, whereby, through references to Edmund Burke, Theodor W. Adorno and Arnold Berleant, the sublime assumes the nature of a category which determines the existential situation of a person in (...) the world. Here, the sublime provides people with an impulse to undertake efforts to fashion their surroundings and forge the essence of the living world. As such, the sublime also becomes a category that promotes social activities aimed at improving the quality of life in a city, such as the activities of ‘urban gardeners’. (shrink)

About death, grief, mourning, life after death and immortality. Why should we die like humans to survive as a species. -/- "No one wants to die. Even people who want to go to heaven don't want to die to get there. And yet death is the destination we all share. No one has ever escaped it. And that is as it should be, because Death is very likely the single best invention of Life. It is Life's change agent. It clears (...) out the old to make way for the new." (Steve Jobs) -/- CONTENTS: -/- Death - Philosophy of death - Religions - - Animism - - Atheism - - Buddhism - - Christianity - - Hinduism - - Islam - - Jainism - - Jehovah's Witnesses - - Judaism - - Latter-day Saints - - Spiritism - Symbolism - Personification of Death - - Notable personifications - - In mythologies - - - Hindu mythology - - - In Japan - - - Slavic paganism - - - Lithuanian paganism - - In the three monotheistic religions - - - Judaism - - - Christianity - - - In Mexico - - - Islam - Axiochos - - The characters of dialogue - - Dialogue - - Prologue - - Arguments - - Citations - Paradise - - Greco-Roman mythology - - Mesopotamian mythology and influences - - According to Judaism - - According to Christianity - - - According to Catholicism - - - According to Protestantism - - - According to the Church of Jesus Christ of Latter-day Saints - - According to Islam - - According to Hinduism - - According to modern spiritualities - - - According to the esoteric - Hell - - Mesopotamian origins - - According to Christianity - - - Names appearing in the biblical texts - - - Medieval artistic representations - - - Concepts according to Christian movements - - According to Judaism - - According to Islam - - According to Buddhism - - According to Hinduism - - According to modern esotericism - - - According to Aïvanhov - - - According to Allan Kardec - - Philosophy - - - Jewish Kabbalah - - - Sartre - - - Popular wisdom Funerals - The funeral ritual: a rite of passage - Prehistory - Ancient death customs - - The family bereavement - - Mummification - - Sarcophagi - - Funerals - - Ancient Greece - - Ancient Rome - - Celts, Germans and Scandinavians - Religious funeral rites - - Buddhism - - Judaism - Christianity - - Protestantism - - Islam - Funeral rites by continent - - In Africa - - In Europe - The contemporary era - Mourning (Grief) - - Steps - - - Death of a close - - Loss events without mourning value (white factors) - - Duration and manifestations - - Risks - - Colors - Graveyards (Cemeteries) - - First cemeteries - - Cemeteries today - Funerary art - Dolmens - - Types of dolmens - - Function - - Location - Passage graves - Cenotaphs - - Famous cenotaphs - Lanterns of the Dead Afterlife - History - Questions about death and immortality - Testimonials - - Spiritualistic experiences - - Popular literature on the afterlife - - "Memories" and reminiscences - - Early studies of the science of the 19th century and early 20th century - Types of scenarios - Some religious and philosophical concepts - - Afterlife in Buddhism - - Afterlife in Christianity - - According to Hinduism - - According to Islam - - According to Judaism - - According to Mormonism - - According to the ancient philosophies - - According to Spiritism - - According to Native American traditions - - According to Vedism - - According to Esotericism - In science - Near-death experiences - - Clinical death - - NDE frequency - - Effects of depth of NDE on survival - - Near-death experiences and shared-death experience - - - The first contemporary testimonials - - - Experience according to Moody - - - The concept of "shared death" - - - The NDE scales - - The study of Pim van Lommel - - Spiritual and patient point of view - - - Survivalists studies - - - The religious understanding of the phenomenon - - Scientific views - - - Physiological explanation - - - Psychological explanation - Reincarnation - - Religions - - - In Hinduism - - - In Jainism - - - In Buddhism - - - In Judaism - - - In Christianity - - - In Islam - - In contemporary times - - - Esotericism - - - Works of the psychiatrist Ian Stevenson - - - Radical increase in life expectancy and artificial reincarnation - - Criticism - - - Arthur Schopenhauer - - - Ramana Maharshi - - - Rene Guenon - - - Ananda Kentish Coomaraswamy - Metempsychosis - - Theories - - Ideas - Maschalismos Immortality - Immortality of the soul and religious traditions - - Buddhism - - Christianity - - Islam - - Mormonism - Contemporary perception of the immortality of the body - - Observation in the animal kingdom - - Perspectives for mankind - Immortality in science - - Alexis Carrel - - Jean Rostand - - Hayflick limit - - Étienne-Émile Baulieu and DHEA - - Aubrey de Grey - - Professor Skulachev - - Regenerative medicine - - Professor Christopher Jaeger - Eternal Return - - According to the Mesopotamians - - According to Heraclitus and the Stoics - Fountain of Youth - - History of myth and relatives myths - - - In Roman mythology, Germanic, Celtic and Irish - - - In the Middle-East - - - In Spain - - - In the Bible - - The fountain in art and literature - - Painting - - - Literature and cinema - - Persistent of the myth until today - Senescence - - Why do we age? - - Gene regulation - - Cellular senescence Undead - Ghoul - Lich - Mummy - Skeleton - Vampire - Zombie - Other legendary creatures - Creatures specific to a particular universe - Spiritism - - Point out - - Origins of spiritism - - - The traditions through the ages - - - Advent of Christianity in Europe - - - The survival of necromancy - - - The precursors - - - Relations of spiritualism to science - Mediumship - - History - - Skeptical point of view - - Favorable doctor's viewpoint - Ghosts - - Appearance - - Belief in ghosts - - Origin - - - Duality and return dead - - - Ancient roots - - Typology - - - Poltergeists - - - Revenants - - - Ghosts - - - Banshees - - - Apparitions of crisis - - - Phantasms of the living - - - Vision of his own double - - - Ghost armies - - - Ghosts of animals - - - Means of transport - - Science perspective - - - Hallucinations - - - Sleep paralysis - - - Induced ghosts - - - Aches and infrasounds - - - Magnetic fields - Vampires - - Characteristics - - - Vampire transformation - - - Identification - - - Faculties - - Protection against the vampires - - - Precautions at death and burial - - - Apotropaic objects and places - - Destruction of vampires - Zombie - - The concept - - Africa and voodoo - - - West Africa - - - South Africa - - - In Haiti (and the Caribbean) - - - Scientific research - - The "revenants" in the Western imaginary Death in art - Memento mori - - History - - - Antiquity - - - Christianity - - - Mexican syncretism - - Performing arts - - - In painting - - - In literature - - - In movies - - - In video games - - - In Japanese animation - - - In music - The iconography of Weighing of souls (Particular judgment) - - Origin - - Written sources - - Weighing in Romanesque art - - Weighing in Gothic art - - Weighing in the late Middle Ages: to a new iconography - - Weighing of souls or actions? - Poems - - Charlotte Brontë, “On the Death of Anne Brontë” - - Edgar Allan Poe, “Annabel Lee” - - Edna St. Vincent Millay, “And you as well must die” - - Emily Dickinson, “Because I could not stop for Death” - - Emily Dickinson, “If I Should Die” - - Lord Byron, “Epitaph to a Dog” - - Pablo Neruda, “Only Death” - - Stephen Crane, “God Lay Dead in Heaven” - - W. B. Yeats, “He Wishes His Beloved Were Dead” - - Rainer Maria Rilke, “Death” - Paintings - - The Three Dead Kings - - The Death of Nelson - - Beata Beatrix - Sculptures - - The Kiss of Death - - Background - - Imagery - - Angel of Grief - - Fallen Astronaut - Quotes References About the author - Nicolae Sfetcu - - By the same author - - Contact Publishing House - MultiMedia Publishing -/- DOI: 10.58679/TW44411. (shrink)

This publication is the translation of the first fragment of F. W. J Schelling's Presentation of Philosophical Empiricism accompanied by the analytical translator's preface. In his treatise, Schelling assesses the history of modern philosophy. Namely, he treats it as history of experiments, the goal of which was in the search for the primary fact in the world. In Schelling's opinion, this fact is in the growing over-weight of the subjective over the objective. Only his philosophy of nature was able to (...) find this fact. However, it is not genuine fact but only pure fact, because it does not content in itself any ground for the over-weighting of the subjective over the objective. For resolve this problem, Schelling starts to use the concepts formed by Ancient philosophers, namely by Pythagoras and Plato. The concepts of the limitless and the limit are belonging to the series of the mentioned concepts. Accordantly, Schelling associates the notion of the objective with the one of the limitless being and the notion of the subjective with the one of the limit or limiting instance. His inquiry into the correlation between the limitless being and the limit, i.e. between the objective and the subjective leads him to the declaration of the existence of the free efficient cause, which determinates their interplay and the rise of that-what-should-be from that-what-should-not-be. Since the limitless is the objective and the limit is the subjective in accordance with Schelling, such efficient cause is also the cause of the progressive over-weighting of the subjective over the objective as well. It can explain the fact, which the Schelling's philosophy of nature has only found but not explained. The in his preface, the translator puts the question of the possibility as well as of a relevance of the Schelling's late philosophy to the phenomenological thought. In this context, he emphasizes few moments, by which the later Schelling' philosophy could be of interests for phenomenologists, namely the following ones: the concept of philosophical empiricism itself, the Schelling's division between the pure fact and the genuine fact, his treatment of history of philosophy as history of experiments. Moreover, he speaks about main difficulties connected with the translation of Schelling's text into Russian and gives a German-Russian glossary for utility of Russian readers. The translator gives also the commentaries by Arthur Drews, who reedited the Schelling's treatise in 1902, in their Russian translation. (shrink)

Can new technology enhance purpose-driven, democratic dialogue in groups, governments, and societies? Online Deliberation: Design, Research, and Practice is the first book that attempts to sample the full range of work on online deliberation, forging new connections between academic research, technology designers, and practitioners. Since some of the most exciting innovations have occurred outside of traditional institutions, and those involved have often worked in relative isolation from each other, work in this growing field has often failed to reflect the full (...) set of perspectives on online deliberation. This volume is aimed at those working at the crossroads of information/communication technology and social science, and documents early findings in, and perspectives on, this new field by many of its pioneers. -/- CONTENTS: -/- Introduction: The Blossoming Field of Online Deliberation (Todd Davies, pp. 1-19) -/- Part I - Prospects for Online Civic Engagement -/- Chapter 1: Virtual Public Consultation: Prospects for Internet Deliberative Democracy (James S. Fishkin, pp. 23-35) -/- Chapter 2: Citizens Deliberating Online: Theory and Some Evidence (Vincent Price, pp. 37-58) -/- Chapter 3: Can Online Deliberation Improve Politics? Scientific Foundations for Success (Arthur Lupia, pp. 59-69) -/- Chapter 4: Deliberative Democracy, Online Discussion, and Project PICOLA (Public Informed Citizen Online Assembly) (Robert Cavalier with Miso Kim and Zachary Sam Zaiss, pp. 71-79) -/- Part II - Online Dialogue in the Wild -/- Chapter 5: Friends, Foes, and Fringe: Norms and Structure in Political Discussion Networks (John Kelly, Danyel Fisher, and Marc Smith, pp. 83-93) -/- Chapter 6: Searching the Net for Differences of Opinion (Warren Sack, John Kelly, and Michael Dale, pp. 95-104) -/- Chapter 7: Happy Accidents: Deliberation and Online Exposure to Opposing Views (Azi Lev-On and Bernard Manin, pp. 105-122) -/- Chapter 8: Rethinking Local Conversations on the Web (Sameer Ahuja, Manuel Pérez-Quiñones, and Andrea Kavanaugh, pp. 123-129) -/- Part III - Online Public Consultation -/- Chapter 9: Deliberation in E-Rulemaking? The Problem of Mass Participation (David Schlosberg, Steve Zavestoski, and Stuart Shulman, pp. 133-148) -/- Chapter 10: Turning GOLD into EPG: Lessons from Low-Tech Democratic Experimentalism for Electronic Rulemaking and Other Ventures in Cyberdemocracy (Peter M. Shane, pp. 149-162) -/- Chapter 11: Baudrillard and the Virtual Cow: Simulation Games and Citizen Participation (Hélène Michel and Dominique Kreziak, pp. 163-166) -/- Chapter 12: Using Web-Based Group Support Systems to Enhance Procedural Fairness in Administrative Decision Making in South Africa (Hossana Twinomurinzi and Jackie Phahlamohlaka, pp. 167-169) -/- Chapter 13: Citizen Participation Is Critical: An Example from Sweden (Tomas Ohlin, pp. 171-173) -/- Part IV - Online Deliberation in Organizations -/- Chapter 14: Online Deliberation in the Government of Canada: Organizing the Back Office (Elisabeth Richard, pp. 177-191) -/- Chapter 15: Political Action and Organization Building: An Internet-Based Engagement Model (Mark Cooper, pp. 193-202) -/- Chapter 16: Wiki Collaboration Within Political Parties: Benefits and Challenges (Kate Raynes-Goldie and David Fono, pp. 203-205) -/- Chapter 17: Debian’s Democracy (Gunnar Ristroph, pp. 207-211) -/- Chapter 18: Software Support for Face-to-Face Parliamentary Procedure (Dana Dahlstrom and Bayle Shanks, pp. 213-220) -/- Part V - Online Facilitation -/- Chapter 19: Deliberation on the Net: Lessons from a Field Experiment (June Woong Rhee and Eun-mee Kim, pp. 223-232) -/- Chapter 20: The Role of the Moderator: Problems and Possibilities for Government-Run Online Discussion Forums (Scott Wright, pp. 233-242) -/- Chapter 21: Silencing the Clatter: Removing Anonymity from a Corporate Online Community (Gilly Leshed, pp. 243-251) -/- Chapter 22: Facilitation and Inclusive Deliberation (Matthias Trénel, pp. 253-257) -/- Chapter 23: Rethinking the ‘Informed’ Participant: Precautions and Recommendations for the Design of Online Deliberation (Kevin S. Ramsey and Matthew W. Wilson, pp. 259-267) -/- Chapter 24: PerlNomic: Rule Making and Enforcement in Digital Shared Spaces (Mark E. Phair and Adam Bliss, pp. 269-271) -/- Part VI - Design of Deliberation Tools -/- Chapter 25: An Online Environment for Democratic Deliberation: Motivations, Principles, and Design (Todd Davies, Brendan O’Connor, Alex Cochran, Jonathan J. Effrat, Andrew Parker, Benjamin Newman, and Aaron Tam, pp. 275-292) -/- Chapter 26: Online Civic Deliberation with E-Liberate (Douglas Schuler, pp. 293-302) -/- Chapter 27: Parliament: A Module for Parliamentary Procedure Software (Bayle Shanks and Dana Dahlstrom, pp. 303-307) -/- Chapter 28: Decision Structure: A New Approach to Three Problems in Deliberation (Raymond J. Pingree, pp. 309-316) -/- Chapter 29: Design Requirements of Argument Mapping Software for Teaching Deliberation (Matthew W. Easterday, Jordan S. Kanarek, and Maralee Harrell, pp. 317-323) -/- Chapter 30: Email-Embedded Voting with eVote/Clerk (Marilyn Davis, pp. 325-327) -/- Epilogue: Understanding Diversity in the Field of Online Deliberation (Seeta Peña Gangadharan, pp. 329-358). -/- For individual chapter downloads, go to odbook.stanford.edu. (shrink)

The turn of the nineteenth century marked a rich and exciting explosion of philosophical energy and talent. The enormity of the revolution set off in philosophy by Immanuel Kant was comparable, in Kant's own estimation, with the Copernican Revolution that ended the Middle Ages. The movement he set in motion, the fast-moving and often cantankerous dialectic of "German Idealism," inspired some of the most creative philosophers in modern times: including G. W. F. Hegel and Arthur Schopenhauer as well as (...) those who reacted against Kant--Marx and Kierkegaard, for example. This volume traces the emergence of German Idealism from Kant and his predecessors through the first half of the nineteenth century, ending with the irrationalism of Kierkegaard. It provides a broad, scholarly introduction to this period for students of philosophy and related disciplines, as well as some original interpretations of these authors. Also included is a glossary of technical terms as well as a chronological table of philosophical, scientific and other important cultural events. (shrink)

In 2006, David Carrier (Carrier, 2006, Museum Skepticism: A History of the Display of Art in Public Galleries. Durham: Duke University Press.) coined the term ‘museum skepticism’ to describe the idea that moving artworks into museum settings strips them of essential facets of their meaning; among art historians, this is better known as ‘decontextualization’, ‘denaturing’, or ‘museumization’. Although they do not usually name it directly, many contemporary debates in the philosophy of art are informed by an inclination towards museum skepticism, (...) from work on aesthetic cognitivism (Feagin, Susan, 1995, “Paintings and their places” Australasian Journal of Philosophy 73.2: 260-8.) and contextualism (Danto, Arthur C., 1988, “Artifact and Art”, in ART/ARTIFACT: African Art in Anthropological Collections. Exhibition Catalogue. New York: Center for African Art and Prestel Verlag, 18-32.) to cultural appropriation (Eaton, A. W. and Gaskell, Ivan, 2009, “Do subaltern artifacts belong in art museums?,” The Ethics of Cultural Appropriation, ed. James O. Young and Conrad Brunk, Oxford and Malden, Mass.: Wiley-Blackwell, 235-67), street art (Baldini, Andrea, 2016, “Street Art: A Reply to Riggle” Journal of Aesthetics and Art Criticism 74.2: 187-91), and the value of authenticity (Korsmeyer, Carolyn, 2016, “Real Old Things” British Journal of Aesthetics, 56.3: 219-31). The very first museum skeptic, however, was Antoine Chrysostôme Quatremère de Quincy (1755-1849). (shrink)

This out-of-print collection in the area of European twentieth-century political philosophy includes selections from Adorno, Benjamin, Benhabib, Marcuse, Ciavatta, Comay, Honneth, and Fraser.

This collection in the area of continental philosophy of language, aesthetics, and semiotics includes articles and book selections from Derrida, Ricouer, McCumber, Oliver, Sheshradi-Krooks, Lacan, and Kristeva. This collection is available in the University of Guelph bookstore.

This out-of-print collection on animal rights, applied ethics, and continental philosophy includes readings by Martin Heidegger, Karin De Boer, Martha Nussbaum, David De Grazia, Giorgio Agamben, Peter Singer, Tom Regan, David Morris, Michael Thompson, Stephen Jay Gould, Sue Donaldson, Carolyn Merchant, and Jacques Derrida.

This out-of-print, two-volume, photocopy packet, in the area of "Surrealism and the Politics of the Particular" includes readings on language, meaning, and surrealism from Adorno, Benjamin, McCumber, Breton, Heidegger, Freud, Kristeva, Ricouer, and Bataille.

This out-of-print collection in the area of the history, politics, ethics, and theory of privacy includes selections from Peter Gay, Alan Westin, Walter Benjamin, Catharine MacKinnon, Seyla Benhabib, Anita Allen, Ann Jennings, Charles Taylor, Richard Sennett, Mark Wicclair, Martha Nussbaum, and Robert Nozick.

This collection for a course in Social Thought and the Critique of Power includes selections from Sandra Bartkey, Wendy Brown, Judith Butler, Luc Boltanski, Eve Chiapello, Juergin Habermas, Margaret Kohn, Saskia Sassen, Margit Mayer, David Ciavatta, Michael Hardt, Antonio Negri, and Jeremy Waldron. Selections include material on the city, neoliberalism, computer-mediated life, precarity, cosmopolitanism, and gender. This packet may still be available as a print-on-demand title at the Ryerson University Bookstore.

This article offers a novel, conservative account of material constitution, one that incorporates sortal essentialism and features a theory of dominant sortals. It avoids coinciding objects, temporal parts, relativizations of identity, mereological essentialism, anti-essentialism, denials of the reality of the objects of our ordinary ontology, and other departures from the metaphysic implicit in ordinary ways of thinking. Defenses of the account against important objections are found in Burke 1997, 2003, and 2004, as well as in the often neglected six paragraphs (...) that conclude section V of this article. (shrink)

This collection of writings on aesthetics includes selections from Theodor Adorno, Walter Benjamin, Mikhail Bakhtin, Sigmund Freud, Martin Heidegger, Amy Mullin, Friedrich Nietzsche, and Frederich Wilhelm Joseph von Schelling. This collection may still be available as a print-on-demand title at the Ryerson University bookstore.

The short cover-description of the present book tells that "Friedrich Wilhelm Joseph Schelling (1775-1854) was one of the formative philosophers of German idealism, whose great service was in the areas of the philosophy of nature, art, and religion." Those having some familiarity with Schelling, and his influence on American philosophy, indirectly via Coleridge and Carlyle and more directly via Emerson and C. S. Peirce, will perhaps not be surprised to learn that German idealism itself looks somewhat different, understanding Schelling's differences (...) with Kant, Fichte, and Hegel; and while the work under review shows no awareness of the distant American influence of Schelling, or American developments in general (except perhaps in some citations of Arthur Lovejoy's The Great Chain of Being), I will take the present opportunity to emphasize connections and possible connections to American philosophy, as allowed by the author's account of Schelling and some further citations. (shrink)

Dion is a full-bodied man. Theon is that part of him which consists of all of him except his left foot. What becomes of Dion and Theon when Dion’s left foot is amputated? Employing the doctrine of sortal essentialism, I defend a surprising answer last defended by Chrysippus: that Dion survives while the seemingly unscathed Theon perishes. For replies to critics, see my publications of 1997 and (especially) 2003.

On the most popular account of material constitution, it is common for a material object to coincide precisely with one or more other material objects, ones that are composed of just the same matter but differ from it in sort. I argue that there is nothing that could ground the alleged difference in sort and that the account must be rejected.

Dion is a full-bodied man. Theon is that part of him which consists of all of him except his left foot. What becomes of Dion and Theon when Dion’s left foot is amputated? In Burke 1994, employing the doctrine of sortal essentialism, I defended a surprising position last defended by Chrysippus: that Dion survives while the seemingly unscathed Theon perishes. This paper defends that position against objections by Stone, Carter, Olson, and others. Most notably, it offers a novel, conservative solution (...) to the many-thinkers problem, a solution that enables us to accept the existence of brain-containing person-parts while denying that those person-parts are thinking, conscious beings. (shrink)

It is hard to see why the head and other brain-containing parts of a person are not themselves persons, or at least thinking, conscious beings. Some theorists have sought to reconcile us to the existence of thinking person-parts. Others have sought to avoid them but have relied on radical theories at odds with the metaphysic implicit in ordinary ways of thinking. This paper offers a novel, conservative solution, one on which the heads and other brain-containing parts of persons do exist (...) but are neither persons, thinkers, nor conscious beings. A much briefer statement of the solution is found in section 5 of Burke 2004. (shrink)

This paper examines the role of ?situations? in John Dewey's philosophy of logic. To do this properly it is necessary to contrast Dewey's conception of experience and mentality with views characteristic of modern epistemology. The primary difference is that, rather than treat experience as peripheral and or external to mental functions (reason, etc.), we should treat experience as a field in and as a part of which thinking takes place. Experience in this broad sense subsumes theory and fact, hypothesis and (...) evidence, reason and observation, thought and perception. Logic in this view is a formal study of the generic features of all possible kinds of experience in this broad (thick, deep, wide, multifaceted) sense. The goal of this paper is to explain what Dewey thinks a situation is in the context of this view of experience, and to argue for the fundamental importance of that idea for logic and philosophy in general. (shrink)

Many have begun to despair that climate justice will prevail even in a minimal form. The affective dimensions of such despair, we suggest, threaten to make climate action appear too demanding. Thus, despair constitutes a moral challenge to individual climate action that has not yet received adequate attention. In response, we defend a duty to act in hope for a more just (climate) future. However, as we see it, this duty falls differentially upon the shoulders of more and less advantaged (...) agents in society. From arguments by Black thinkers like Derrick Bell, we draw a set of distinctions between two types of hope: one for ideal justice, and one for more modest change; and between two types of hopeful actions, those undertaken through formal political channels and those we call 'extra-political' actions; and between two sites of differential moral burdens, those of the privileged and those of the oppressed. Ours is a case for facing even bleak realities, demanding otherwise, and acting in hope to achieve a better future. (shrink)

The objective of this article is to review extant empirical studies of empathy in narrative reading in light of (i) contemporary literary theory, and (ii) neuroscientific studies of empathy, and to discuss how a closer interplay between neuroscience and literary studies may enhance our understanding of empathy in narrative reading. An introduction to some of the philosophical roots of empathy is followed by tracing its application in contemporary literary theory, in which scholars have pursued empathy with varying degrees of conceptual (...) precision, often within the context of embodied/enactive cognition. The presentation of empirical literary studies of empathy is subsequently contextualized by an overview of psychological and neuroscientific aspects of empathy. Highlighting points of convergence and divergence, the discussion illustrates how findings of empirical literary studies align with recent neuroscientific research. The article concludes with some prospects for future empirical research, suggesting that digitization may contribute to advancing the scientific knowledge of empathy in narrative reading. (shrink)

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

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

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)

(The downloadable document, posted 07/23/22, incorporates post-publication corrections/refinements, mainly of section II.) The article gives a novel argument to show that there is sense of 'exists' suitable for posing a substantive issue between presentists and eternalists. It then seeks to invigorate a neglected variety of presentism. There are seven doctrines, widely accepted even among presentists, that create problems for presentism. Without distinguishing existence and being, presentists can comfortably reject all seven. Doing so would dispose of the majority of presentism’s problems. (...) Further, it would enable presentists to reduce A-judgments to B-judgments, thereby insulating presentism from doubts about the intelligibility of A-theories. For reasons indicated very briefly, it might also make presentism less difficult to reconcile with special relativity, though the point is not pursued here. (shrink)

Determinism is established in quantum mechanics by tracing the probabilities in the Born rules back to the absolute (overall) phase constants of the wave functions and recognizing these phase constants as pseudorandom numbers. The reduction process (collapse) is independent of measurement. It occurs when two wavepackets overlap in ordinary space and satisfy a certain criterion, which depends on the phase constants of both wavepackets. Reduction means contraction of the wavepackets to the place of overlap. The measurement apparatus fans out the (...) incoming wavepacket into spatially separated eigenpackets of the chosen observable. When one of these eigenpackets together with a wavepacket located in the apparatus satisfy the criterion, the reduction associates the place of contraction with an eigenvalue of the observable. The theory is nonlocal and contextual. Keywords:. (shrink)

Suppose that five minutes ago, to our astonishment, a healthy, full-grown duck suddenly popped into existence on the table in front of us. Suppose further that there was no first time at which the duck existed but rather a last time, T, at which it had yet to exist. Then for each time t at which the duck has existed, there is an explanation of why the duck existed at t: there was a time t’ earlier than t but later (...) than T such that the duck existed at t’, and it was only to be expected that a healthy duck would survive the brief period from t’ to t. But would these explanations remove the mystery? Taken collectively, would they explain why the duck has existed since T rather than never having existed at all? Presumably not. But if not, this seems to discredit the style of explanation offered by Hume and Edwards for the infinite regress they hypothesize of causes and effects. (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)

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

The present narrative review seeks to unravel where we are now, and where we need to go to delineate the active ingredients in psychotherapy delivered by conversational agents (e.g., chatbots). While psychotherapy delivered by conversational agents has shown promising effectiveness for depression, anxiety, and psychological distress across several randomized controlled trials, little emphasis has been placed on the therapeutic processes in these interventions. The theoretical framework of this narrative review is grounded in prominent perspectives on the active ingredients in psychotherapy. (...) Based on search terms derived from various theoretical perspectives, we conducted a systematic literature search of four scientific databases and identified 17 studies. Across the selected studies, three themes emerged: relationship variables, emotional venting, and cognitive factors. While methodological issues compromise the epistemic value of this evidence base, core questions also remain to be answered. Such questions include, but are not limited to, whether humans can form affectionate bonds to inanimate beings and whether these kind of mental health treatments should be understood as psychotherapy or something else. Researchers should therefore be cautious when applying theories of psychotherapy in the realm of conversational agents. We conclude the paper by introducing recommendations for future research, which we hope will help instigate methodologically sound studies in this field. (shrink)

This paper compares Dewey's and Russell's views of "immediate knowledge." Dewey was perhaps mistaken in attributing to Russell the view that immediate sense data provide incorrigible foundations for knowledge. Russell's characterization of sensing plus attention as the most immediate knowing of which we have experience nevertheless remains a valid target of Dewey's criticisms. These two philosophers developed very different theories of logic and knowledge, language and experience. Given the reconstructed notions of experience and knowledge at the root of Dewey's logical (...) theory, referring to knowledge as immediate or nearly immediate constitutes a serious category mistake. (shrink)

The “staccato run,” in which a runner stops infinitely often while running from one point to another, is a prototypical “superfeat,” that is, a feat involving the completion in a finite time of an infinite sequence of distinct acts. There is no widely accepted demonstration that superfeats are impossible logically, but I argue here, contra Grunbaüm, that they are impossible dynamically. Specifically, I show that the staccato run is excluded by Newton’s three laws of motion, when those laws are supplemented (...) with a defensible philosophical judgment. (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)

This paper examines the settlement movement (a social reform movement during the Progressive Era, roughly 1890–1920) in order to illustrate what pragmatism is and is not. In 1906, Mary Kingsbury Simkhovitch proposed an analysis of settlement house methods. Because of her emphasis on interpretation and action, and because of the nature of the settlement movement as a social reform effort with vitally important consequences for everyone involved, it might be thought that her analysis would be pragmatist in character. This paper (...) shows that her analysis is empiricist, not pragmatist, and offers an alternative pragmatist sketch of settlement house methodology. (shrink)