The author of the article framed the question of the possible relevance of the treatment of the Schelling's philosophy in the context of a phenomenological one. Thereby, he points its problematic character, referencing Husserl's treatment of German idealism after Kant (including the thought of Schelling) as the romantic idealism. At the same time, he also states the influence of Schelling on the few phenomenologists who made their careers after Husserl. The article's author reviews the concept of the «being (...) class='Hi'>outside-itself» or «ecstasy» in Schelling and Heidegger (as one of the phenomenologists) for the further concretization of the theme. The ecstasy in Schelling is the new name for the idealistic intellectual intuition, by which a singular subject loses its own position as subject and thereby gets to the position of the absolute subject. The absolute subject is one which cannot be an object already. Schelling identifies the ecstasy understood in this way with the wondering as philosophical initiation in Ancient Greece. Such ecstasy leads to unknowing knowledge in Schelling's words. The concept of being outside-itself means the structural element of being of human Dasein, i.e. of temporality in Heidegger. This philosopher thinks that a human being is always already outside itself ontologically, before any intuition both sensual and intellectual. The human subject is not closed in on itself, for then it has to transcend from its immanence to the outside. It is always outside itself, it is ecstatic. In its ecstasies, it is always in the world, instead of being inside the world and other people. Heidegger bases his critique of the traditional metaphysics of the subject on such understanding of the ontological structure of Dasein, i.e. of the true «subject». In conclusion, the article's author states that the approaches to the problem of being outside-itself of both mentioned philosophers are in principle, quite different. Schelling tries to rehabilitate the subjectivity by the reduction of the singular subject to the absolute one. On the contrary, the finitude of human Dasein is the necessary condition of its being in Heidegger. The ecstasy is interiorization in Schelling, but it is exteriorization, which has been always already realized, in Heidegger. However, the author of the article also pinpoints a certain isomorphism of the treatments of ecstasy in both thinkers. In the different ways they attempt to overcome the crisis of the understanding of the subject as closed in itself, create the conditions of this isomorphism. (shrink)

Freud proposes that in unconscious processing, logical connections are also (heavily) based upon phonological similarities. Repressed concerns, for example, would also be expressed by way of phonologic ambiguity. In order to investigate a possible unconscious influence of phonological similarity, 31 participants were submitted to a tachistoscopic subliminal priming experiment, with prime and target presented at 1ms. In the experimental condition, the prime and one of the 2 targets were phonological reversed forms of each other, though graphemically dissimilar (e.g., “nice” and (...) “sign”); in the control condition the targets were pseudo-randomly attributed to primes to which they don’t belong. The experimental task was to “blindly” pick the choice most similar to the prime. ERPs were measured with a focus on the N320, which is known to react selectively to phonological mismatch in supraliminal visual word presentations. The N320 amplitude-effects at the electrodes on the midline and at the left of the brain significantly predicted the participants’ net behavioral choices more than half a second later, while their subjective experience is one of arbitrariness. Moreover, the social desirability score (SDS) significantly correlates with both the behavioral and the N320 brain responses of the participants. It is proposed that in participants with low SDS the phonological target induces an expected reduction of N320 and this increases their probability to pick this target. In contrast, high defensive participants have a perplexed brain reaction upon the phonological target, with a negatively peaking N320 as compared to control and this leads them to avoid this target more often. Social desirability, which is understood as reflecting defensiveness, might also manifest itself as a defense against the (energy-consuming) ambiguity of language. The specificity of this study is that all of this is happening totally out of awareness and at the level of very elementary linguistic distinctions. (shrink)

Blanchot often evoked the silence required for literary writing, a silence which he says must “be imposed” on a pre-existing and indistinct murmur of language. Likewise, he evokes this murmur itself as an originary ground of all speech, including literary speech. Less often recognized are the ways in which he also locates this murmur in the realm of public speech and everyday language, the rumor of speech spoken by no one and by everyone, a realm which he in turn (...) links with the exigencies of publication and publicity that bear on the literary work within modern societies marked by mass media and technically mediated communication. Blanchot himself thus points to an unexpected convergence, in these sonic images of impersonal murmuring flows of language, between literary language per se, and a language that is traditionally considered inauthentic, empty, superficial, a chattering nullity. This essay attempts to press on this border by showing Blanchot’s anxious, and probably futile, attempts to maintain the distinction he so profoundly and rigorously effaces. As literature is threatened by the indistinction of language from which it originates, it reveals an unexpected convergence with the leveling modes of language marked by mass media and by technicity in general. (shrink)

What does it mean for an object to persist through time? Consider the statement, ‘My car is filthy, I need to wash it.’ Consider the response, ‘How did it get that way?’ The answer is that dirt, dust and other particles have collected on the car’s surface thus making it filthy. Its properties have changed. At one point in the car’s career, none of that dirt and grime existed on its surface and the car was said to be clean. The (...) fact is that for a car to get dirty, the extension of time is necessary. The standard view of identity is that each thing is entirely itself at any given time. So how can an object remain identical with itself over time, if it changes its properties? In many ways I have different properties now than those I had last week. But if I am different, how then can I be the same? The objective of this article is to answer the question of what it means to say that we and other things persist through time. First I’ll lay out two popular philosophical views of persistence through time, then I will present possible problems with both views. After that, I will outline another possible answer that lies outside of these views. Finally, I will providemy own answer. (shrink)

The question of religion, in one form or another, has been with us humans for millennia. From primitive tribal ceremonies to highly organized scriptures and theological rule books, up to excruciatingly circumlocutory philosophical treatises, we - Homo sapiens - have attempted to answer the question of religion through ages. Perhaps the most paramount question is whether religion is a real phenomenon that exists outside of us or whether we have invented it. If we have constructed the concept of religion, (...) then our understanding of religion and any action emerging from it would be about us, humans, would it not? If religion is true|something of substance that exists outside and beyond humanity|then we are, as sentient beings with consciousness, mere explorers and we cannot be its inventors, can we? What does this mean? Does this mean there could be no religion without human involvement? Does this mean religion can only manifest itself in a human-centric universe? If so, why is that? (shrink)

In Foucault, thought is spatial, and unfolds within the density of becoming, in the void that separates the subject and the object. It is ontologically independent from the authority of the contemplating self, the ‘I’. Thought is a being of its own, and comes from the outside – the world of relationships. The present study poses to itself the following question: if thinking indeed comes from the outside, then under what condition thinking can encounter itself (...) – its colour, texture and topography? That is, under what condition can man encounter himself and the world? Since this problem does not have its origin in Foucault’s work, this work does not arrive at any conclusion merely by analysing and evaluating his work alone. Rather, it aims to explore how Foucault has incorporated Kant and Nietzsche into his thinking, on the one hand, and contextualises him within the Western tradition in general and his responses to contemporaries Deleuze and Derrida, in particular, on the other. Consequently, this study is limited by the sheer weight of its own problematisation. However, the problem of ‘under what condition thought encounters itself?’ is here posed not for the sake of constituting a form of knowledge on it, but rather, it is asked from the point of view of ethics. This, in fact, demands a reordering of the forms of ontology that Foucault has developed at different stages of his career. There are three forms of ontology in Foucault’s work: the first analyses man as the subject of truth; the second takes up man as the subject of power; and the third analyses man as an ethical being. The present study reverses the order and examines his work in its totality from the standpoint of his later writings that deal with the problem of truth and ethics. It tries to connect two problems that pop up at different stages of Foucault’s career. The Order of Things asks the question, “what is man?” and in his later writings Foucault labours on the question, “how should I live my life?” This study tries to relate these two questions, as it unfolds itself. (shrink)

Notoriously, the Einstein equations of general relativity have solutions in which closed timelike curves occur. On these curves time loops back onto itself, which has exotic consequences: for example, traveling back into one's own past becomes possible. However, in order to make time travel stories consistent constraints have to be satisfied, which prevents seemingly ordinary and plausible processes from occurring. This, and several other "unphysical" features, have motivated many authors to exclude solutions with CTCs from consideration, e.g. by conjecturing (...) a chronology protection law. In this contribution we shall investigate the nature of one particular class of exotic consequences of CTCs, namely those involving unexpected cases of indeterminism or determinism. Indeterminism arises even against the backdrop of the usual deterministic physical theories when CTCs do not cross spacelike hypersurfaces outside of a limited CTC-region|such hypersurfaces fail to be Cauchy surfaces. We shall compare this CTC-indeterminism with four other types of indeterminism that have been discussed in the philosophy of physics literature: quantum indeterminism, the indeterminism of the hole argument, non-uniqueness of solutions of differential equations and lack of predictability due to insuffcient data. By contrast, a certain kind of determinism appears to arise when an indeterministic theory is applied on a CTC: things cannot be different from what they already were. Again we shall make comparisons, this time with other cases of determination in physics. We shall argue that on further consideration both this indeterminism and determinism on CTCs turn out to possess analogues in other, familiar areas of physics. CTC- indeterminism is close to the epistemological indeterminism we know from statistical physics, while the "fixedness" typical of CTC-determinism is pervasive in physics. CTC- determinism and CTC-indeterminism therefore do not provide incontrovertible grounds for rejecting CTCs as conceptually inadmissible. (shrink)

In this paper we begin categorizing a plurality of possible worlds on the basis of permitting or not permitting ontologically different things to be causally connected. We build the work on the dual principle that all universes are causally closed either because no universe causes anything outside itself or because no universe has anything in it that is caused by another universe.

Predication is a lingual relation. We have this relation when a term is said (λέγεται) of another term. This simple definition, however, is not Aristotle’s own definition. In fact, he does not define predication but attaches his almost in a new field used word κατηγορεῖσθαι to λέγεται. In a predication, something is said of another thing, or, more simply, we have ‘something of something’ (ἓν καθ᾿ ἑνὸς). (PsA. , A, 22, 83b17-18) Therefore, a relation in which two terms are posited (...) to each other in a way that one is said (predicated) of the other is a predication. The term of which the other term is said is called a subject (ὑποκειμένον) and the other, which is said about the subject, is called the predicate. Thus, in a predication the predicate is predicated of the subject; given that being predicated is almost as the same as being said. The relation between being said and being predicated is so close that ‘if something is said of a subject both its name and its definition are necessarily predicated of the subject.’ (Cat., 5, 2a19-26) This, however, is true only about the second genera and not the accidents. a) Nature of relation in predication What is Aristotle’s theory about the nature of the relation in a predication? How does he fundamentally understand this relation? Phil Corkum distinguishes between predication logic and traditional term logic and argues that the relation between subject and predicate in Aristotle is of the latter kind. While in predicate logic, subjects and predicates have distinct roles, they have the same role in traditional term logic. In predication logic, subjects refer, but predicates characterize. Thereupon, a sentence expresses a truth if the object to which the subject refers is correctly characterized by the predicate. In traditional term logic, both subjects and predicates refer and a sentences expresses a truth if both name one and the same thing. He concludes that Aristotle ‘problematically conflates prediction and identity claims’ because while he thinks both subjects and predicates refer, he would deny that a sentence is true just in case the subject and the predicate name one and the same thing. Based on this, Corkum believes that Aristotle’s core semantic is not identity but the weaker relation of constitution, which is a mereological interpretation: ‘All men are mortal’ is true just in case the mereological sum of humans is part of the mereological sum of mortals. b) Aristotle’s theory of predication: one or two theories? Frank Lewis finds an inconsistent gap between the theory of predication in the Categories and that in the later books of the Metaphysics VII, 6. So too Joan Kung, Terry Irwin, Daniel Graham. c) Distinction of ‘being said of’ and ‘being in’ Owen enumerates the texts in which Aristotle’s distinction between ‘being said of’ and ‘being in’ is asserted: OI. 11b38-12a17; To., 127b1-4; Cat. 1a20-b9; 2a11-14; 2a27-b6; 2b15-17; 3a7-32; 9b22-24 d) Predication in Aristotle and the standard ‘S is P’ Marie De Rijk Lambertus thinks that the ‘S is P’ pattern is misleading when it comes to express predication in Aristotle. In his view, ‘The Aristotelian procedure should be described in terms of appositively assigning an attribute (κατηγορούμενον) to a substrate (ὑποκείμενον), rather than ascribing a predicate to a subject by means of a copula…. The comment should be considered an attribute which is said to fall to a substrate, without understanding this procedure in terms of sentence predication.’ e) Aristotle’s predication: bipartite or tripartite? It is a difficulty to make Aristotle’s theories of name-verb predication and tripartite predication consistent. The reason is that tripartite is not consistant with his name-verb structure based on which he says that the predicate term is the ‘verb.’ (20a31; 20b1-2; 16a13-5) The problem is that in a tripartite form like ‘Socrates is white’ we cannot take ‘is white’ as the verb because, based on Aristotle himself, no part of a verb can be significant itself. (16b6-7) However, his assertions about the equivalences between the two structures (OI. 12, 21b9-10; PrA. 51b13-16; Met., 1017b22-30) must mean that they are not inconsistent in his own view. Thus, as Allen Bāck points, ‘Aristotle seems to think that he has a single, consistent theory.’ The sense of saying or speaking as the root sense of rhema makes the relation between predication (saying something of something) and verb more interesting. The use of rhema in the sense of a long expression approves this. In Plato’s work (399ac) where Socrates claims that the name anthropos derives from anthron ha opopen (‘he who examines what he has seen’) we have an onoma from, or in place of, a rhema. 1) Subject The subject (ὑποκειμένον) is that of which another term is said or predicated. Aristotle’s own definition is of a much more philosophical value: ‘By subject I mean that which is expressed by an affirmative term (λέγω δὲ ὑποκείμενον τὸ κάταφάσει δηλούμενον).’ (Met., K, 1067b18) Throughout Aristotle’s work, three kinds of subjects can be found: possible, prime and absolute subject. a) Possible subject Those things that can take the position of a subject in a predication we call possible subjects, no matter they can or cannot take the position of predicate in any predication. All terms except the ultimate predicates are possible subjects because they can take the position of subject. b) Prime subject Those that in any predication can only take the position of a subject and not the position of a predicate are prime subjects. (Cat., 5, 3a36-b2; Met., Z, 1028b36-1029a1) This is the truest sense of subject and belongs only to substances. (Met., Z, 1029a1-2) In fact, ‘that which is not predicated of a subject, but of which all else is predicated’ is a substance. (Met., Z, 1029a7-9) In Categories, besides primary substances (Cat., 2, 1b3-6), individual qualities are also said not to be able to be said of anything else. (Cat., 2, 1a23-29) Aristotle’s examples are a certain ‘knowledge-of-grammar’ (τὶς γράμματικὴ) and ‘an individual white’ (τὸ τὶ λευκὸν). Thus, although substances are indeed in the truest sense individuals and, thereby, in the truest sense primary subjects, other individuals can take the position of subject as well. c) Absolute subject While substances are prime subjects of all other things, there is still something of which substances can be predicated and this predication is not an accidental predication: matter. (Met., Z, 1029a21-24) This predication is, indeed, the predication of a ‘form or this’ on matter and material substance. (Met., Θ, 1049a34-36) The only thing that is absolutely a subject, therefore, and can be a predicate is prime matter (πρώτη ὓλη). (Met., Θ, 1049a24-27) d) Subject and substance The most important thing in being a substance is being a subject: ‘It is because the primary substances are subjects for all the other things and all the other things are predicated of them or are in them, that they are called substances most of all.’ (Cat., 5, 2b15-17) And what is nearer to this position is more a substance as a species is more a substance than a genus.’ (Cat., 5, 2b7-8) e) Primary versus accidental subject A subject is a primary subject in a predication when the predicate is predicated of it as itself. In such a case, the subject is the subject of the predicate qua itself and not qua something else. A subject, on the one hand, is an accidental subject when it is not the primary subject of the predicate that is predicated on it. It means that a subject is an accidental subject when the predicate is predicated of it not qua itself but qua something else. An accidental subject is, therefore, anything other than a substance. 2) Predicate as universal It is evident from our discussion of kinds of subjects that except matter, primary substances (if we ignore both accidental predication and cases of absolute subjects) and other individuals, everything else can take the position of a predicate. Since primary substances are individuals, it results that everything except matter and individuals are capable to take the position of predicate. The immediate consequence of this is that the predicate must be a universal. When individuals cannot take the position of predicate, this position cannot be taken by any particular. Therefore, only universals can be predicated of others. Moreover, albeit universals can be a simple subject (for another universal), they are not prime subjects. The closeness of universal and predicate is to the extent that Aristotle differentiates universal from subject. (Met., Θ, 1049a27-30) 3) Categories or classes of predicates Aristotle distinguishes ten highest classes into one of which each predicate must necessarily fall: substance (or what a thing is), quality, quantity, relation, place, time, position, state, activity and passivity. (Cat., 4, 1b25-27; To., I, 9, 103b20- ; PsA., A, 22, 83b13-23) The substance counted among predicates must refer to secondary and not primary substances not only because Aristotle insists that primary substances cannot be predicated but also from his own examples of the category of substance: man and animal. (To., I, 9, 103b25) However, if a predicate be asserted of itself or its genus be asserted of it, the predicate signifies substance or what is; but if ‘one kind of predicate is asserted of another kind,’ it signifies one of the other nines. (To., I, 9, 103b30) These categories are so comprehensive that no predicate can remain outside them so that even non-being has as many senses as categories. (Met., M, 1089a26-30) a) That whether Aristotle’s categories are merely linguistic or fundamentally ontological is a so much controversial dispute. Some like G. E. R. Lloyd believe that ‘categories are primarily intended as a classification of reality … rather than of the signifying terms themselves.’ b) Although Aristotle’s categories have been historically regarded as a classification of predications, there are some recent commentators like Jonathan Barnes that think it is classifying predicates and not predications. 4) Kinds of predicates In his introduction of Categories, as J. W. Thorp truly points out , Aristotle distinguishes between the category of substance and the other categories using μὲν ... δὲ construction. This construction illustrates that beside tenfold classification of categories, there is an even more crucial differentiation between two kinds of predicates: substance or what is on the one hand and the other nine ones on the other hand: the distinction between what is predicated of the subject as what it is and what is predicated of it as an accident. Therefore, we have three kinds of classification - a twofold, a fourfold and a tenfold-complicatedly classifying the same thing, viz. the predicate. Predicates can be divided also to four kinds: property, definition, genus and accident. (To., I, 4, 101b11-20) A property is that predicate that is convertible with its subject and does not signify its essence. A definition is that predicate that is convertible with its subject and signifies its essence. It is a genus if it is not predicated convertibly and is contained in the definition of its subject. And it is an accident if it is neither convertible nor contained in the definition of its subject. (To., I, 8, ^103b3) All of these four kinds are among categories. (To., I, 9, 103b20) It seems that there might be some kind of relation between the twofold and the fourfold distinction: whereas genus and definition are predicated as what it is, accidents are not so predicated. There seems to be some rules that determine to each of these four kinds each predicate belongs. At To., IV, 123b30ff. Aristotle asserts: ‘If B has a contrary and A does not, then B does not belong to A as its genus.’ There is a dispute around per se accidents (τὰ καθ’ αὑτὰ συμβεβηκότα) (Topics., 102a18) whether they must be regarded as either of the four kinds or as a fifth kind. Barnes (1970) argued that they ‘do not fit at all neatly into the fourfold classification.’ He argues that based on the definition of accidents at A, 5, 102b4-5, they must be accidents but based on another definition, A, 5, 102b6-7, they cannot be accidents. He also defends the view that they are not properties. Barnes concludes: ‘This shows that the two definitions are not equivalent, and hence that the ‘predicables’ are not well-defined.’ Demetris J. Hadgopoulos defends the view that the two definitions of accidents are equivalent and per se accidents are properties. 5) Five types of predications We have five kinds of predications based on our division of subjects and our discussion of predicates: simple, primary (itself divided to substantial and accident), accidental (itself divided to primary and secondary), aoincidental and absolute predication. a) Simple predication. This is a predication in which a universal is predicated of either a particular or a universal subject. This sense of predication includes all other senses except the first kind of accidental predication. b) Primary predication. This is a predication in which a universal is predicated of a primary subject, namely a substance. A primary predication is of two kinds: i) Substantial predication. A primary predication in which the predicate is part of, or is included in, the definition of the subject. The universal that is the predicate here is the definition or the genus or the species or the diferentia of the subject. It is this predication that Aristotle calls a unity: ‘A statement may be called a unity … because it exhibits a single predicate as inhering not accidentally in a single subject.’ (PsA., B, 10, 93b35-37) It is only substantial predicates that can be predicated of each other: ‘Predicates which are not substantial are not predicated of one another.’ (PsA., A, 22, 83b18-19) Aristotle defines a substantial predication also in another way. A predication in which a higher genus is predicated on a lower genus, species, a substance or an individual, (or a species is predicated on an individual) is a substantial predication. Therefore, a substantial predication is a predication in a series that has individuals on one of its ends and a general category on its other end. In fact, only substantial predicates can be predicated of one another. (PsA., A, 22, 83b17-19) This series cannot be an infinite series because otherwise not only substances would not be definable but also a genus would be equal to one of its own species. (PsA., A, 22, 83b7-10) -/- ii) Accident predication. A primary predication in which the predicate is not part of, or is not included in, the definition of its subject. The universal that is the predicate here is the property or the accident of the subject. c) Accidental predication. This is a predication in which the subject is not a primary subject and its predicate is a substance. This predication is of two kinds: i) Primary accidental predication. This is a predication in which an accident is predicated of substance. Such a predication can go ad infinitum, which is inferable from Aristotle’s assertion that the secondary accidental predication cannot go ad infinitum. ii) Secondary accidental predication. It is a predication in which an accident is predicated of another accident. Such a predication, Aristotle asserts, cannot go ad infinitum because even more than two accidents cannot be combined. Now what is the meaning of Aristotle’s assertion that we cannot continue this ad infinitum? Does it mean that we cannot continue the predication ‘The musician is white’ and say ‘The white is Athenian?’ But why not? Or maybe he means that by adding any predication, we are still in a condition of predicating two accidents of a substance on each other. -/- As primary subjects, substances can also take the position of predicate though not essentially but accidentally. In propositions like ‘the white is a log’ or ‘That big thing is a log’ we observe substance taking the position of predicate but this is only accidentally: ‘When I affirm ‘the white is a log,’ I mean that something which happens to be white is a log- not that white is the subject in which log inheres (οὐχ ὡς τὸ ὑποκείμενον τῷ ξύλῳ τὸ λευκόν ἐστι), for it was not qua white or qua a species of white that the white (thing) came to be a log (οὔτε λευκὸν ὄν οὔθ᾿ ὃπερ λευκόν τι ἐγἐνετο ξύλον), and the white (thing) is consequently not a log except incidentally.’ (PsA., 22, 83a3-9) Aristotle compares this accidental use of substance in the position of predicate with the substantial use of it in the place of a subject: ‘On the other hand, when I affirm ‘the log is white,’ I do not mean that something else, which happens to be a log, is white (οὐχ ὃτι ἓτερόν τί ἐστι λευκόν, ἐκείνῳ δὲ συμβέβηκε ξύλῳ εἶναι), (as I should if I said ‘the musician is white,’ which would mean ‘The man who happens also to be a musician is white’); on the contrary, log is here the subject- the subject which actually came to be white, and did so qua wood or qua a species of wood and qua nothing else.’ (PsA., 22, 83a8-14) Aristotle asks us not to call propositions like ‘The white is a log’ a predication at all or at least call them accidental predication instead of simple (ἁπλως) predication. (PsA., A, 22, 83a14-17) An accidental predication, in which we have a substance in the place of predicate, is different from an essential predication in that while the subject of an accidental predication is said to be the predicate not by itself but as something different with which it coincides, the subject of an essential predicate is said to be the predicate by itself and not because it is something else: ‘Since there are attributes which are predicated of a subject essentially and not accidentally- not, that is, in the sense in which we say ‘That white (thing) is a man,’ which is not the same mode of predication as when we say ‘The man is white’: the man is white not because he is something else but because he is man, but the white is man because ‘being white’ coincides with ‘humanity’ within one subject. Therefore, there are terms such as are essentially subjects of predicates. (PsA., A, 19, 81a24-29) This capability of ‘non-essentially and only accidentally’ being a subject does belong, in fact, to all sensible things. (PsA., A, 27a32-36) d) Coincidental predication. this is a predication in which none of the subject and predicate are a substance or an individual. In this predication, one of the accidents of a substance or individual is predicated of one of the other accidentals of the same substance or individual. For example, when it is said that ‘The white is musical,’ there is an individual, say Socrates, for which both of white and musical are accidents. e) Absolute predication. This is a predication in which a form or a substance is predicated of a matter or a material substance. Some commentators like Loux and Lewis regarded this predication as close to accident predication, both based on inherence. As R.M. Dancy points out, these predications make Aristotle’s theory of predication immanentist: not only accident predications are explained by the immanence of accidents in substances, some of the substantial predications, which were not explained in Categories, are also explained by the immanence of form in matter. It is interesting that in this kind of predication, it is the predicate and not the subject, which is in the strictest sense substance. As the central books of Metaphysics claim, the form is the substance. Thus, in this predication, substance gets away from the sense of ὑποκείμενον. Corkum mentiones 68a19 as the only instance where Aristotle explicitly claims that a term may be predicated of itself, a passage that is, in Corkum’s view, problematic. 6) Demonstrable predicates Those predicates are demonstrable that are so related to their subjects that there are other predicates prior to them predicable of their subjects (ἔτι δ᾿ ἄλλος, εἰ ὧν πρότερα ἄττα κατηγορεῖται). (PsA., A, 22, 83b32-34) 7) Series of predications Since it is possible for a predicate to be itself the subject of another predication, we can have a series of predications in which the predicate of a predication is the subject of the next predication. This series has the following features: a) It has a limit (in number) (PsA., A, 22, 83b14-16) on the side of subjects: there are subjects that cannot themselves be predicated (PsA., A, 27, 43a39-41), which are, as we noted, prime subjects: particulars, i.e. prime substances and other individuals. (PsA., A, 19-22) Aristotle calls them ultimate (ὓστατον). (PsA., 21, 82a36-b1) b) It has a limit (in number of kinds) (PsA., A, 22, 83b14-16) also on the side of predicates: there must be predicates that cannot be subjects. (PsA., A, 19-22; PsA., A, 27, 43a36-39) Aristotle calls them primary (πρῶτον). (PsA., A, 21, 82b1-4) These are the highest categories or the highest genera of categories. (PsA., A, 22, 83b14-16) c) The series has an escalating shape from mere subjects at its downside to mere predicates at its upside. It is Aristotle himself whos uses the words up and down in this sense. (e.g. PsA., A, 22, 83b2-3) d) The predications that lie between lowest and highest ones must be finite in number. (PsA., A, 19-22 especially: 20, 82a21-35) These have subjects and predicates, each capable of both of the roles of being subject and being predicated. A result of this fitness is that neither demonstration can go to infinity nor everything is demonstrable, the two points Aristotle always insist on. e) The upward side includes the more universal ones and the downward the more particular ones. (PsA., 20, 82a21-23) f) It follows from the above features that ‘neither the ascending nor the descending series of predications … are infinite.’ (PsA., A, 22, 83b24-25) g) Reciprocation and convertibility. Except in case of terms (i.e. subjects and predicates) that are at each of the ends of series of predications, namely ultimates and primaries, it is possible to reciprocate (ἀντιστρέφειν) terms and convert the predication. (PsA., A, 19, 82a15-20) h) Antipredication. Antipredication means that in a predication (S is P), the subject becomes the predicate of its predicate (P is S) in the same category its predicate was predicated on it. For example, if P is in the category of quality, antipredication means that S be predicated of P in the category of quality. In other words, P is a quality of S and S is a quality of P. Aristotle rejects this. (PsA., A, 22, 83a36-b3) i) Self-predication versus other-predication. Aristotle distinguishes between a predication in which a term is said of itself and a predication in which a term is said of another. (Phy., Δ, 2, 209a31-33) j) Predicablity (Cat., 5, 3a36-b2): 1) Primary substances and individuals are not predicable. 2) Secondary substances are of two kinds: genus and species i) Genus is predicable able both of the species and of the individuals. ii) Species is predicable of the individual. 3) Differentiae are predicable both of the species and of the individuals. 8) Predication as classification a) Richard Patterson believes that Aristotle’s so repeated construction using hoper (estin A hoper B) in Topics (120a23 sq., 122b19, 26sq., 123a, 124a18, 125a29, 126a21, 128a35. Also in Posterior Analytics (83a24-30) (Brunschwig’s list. ‘expresses the fact that A is a kind of B (esti A B tis), that A is a species of the genus B.’ 9) Universal predication Aristotle defines universal predication (κατὰ παντὸς κατηγορεῖσθαι) as such: ‘wherever no instance of the subject (τῶν τοῦ ὑποκειμέμνου) can be found of which the other term cannot be asserted.’ (PrA., A, 24b27-29) In this predication, the subject is included in another as in a whole (ἐν ὃλῳ εἶναι) and the predicate is predicated of all of the subject (κατὰ παντὸς κατηγορεῖσθαι). (PrA., A, 24b26-27) Attach another discussion we had about ἐν ὃλῳ here. 10) Quantity of predication A predication, truly stated, has a quantity, which is the number of objects under the name of the subject of which the predicate is predicated. The quantity of subject can be stated in four ways: a. Indefinite: when the predicate belongs or does not belong to the subject without any mark to show to haw many of the particulars under the name of the subject it does or does not belong. E.g. ‘Man is white’; ‘Man is not white.’ (PrA., A, 24a20; OI., I, 7, 17b8-12) b. Universal quantity: When the predicate belongs to all or none of the subject. E.g. ‘Every man is animal’; ‘No man is animal.’ (PrA., A, 24a18-19; OI., I, 7, 17b5-6) The contrary of a predication of a universal quality is a predication of a universal quality. E.g. the contrary of ‘Every man is white’ is ‘No man is white.’ (OI., I, 7, 17b20-23) c. Particular quantity: When the predicate belongs (or does not belong) to some of the subject. E.g. ‘Some men are white’; ‘Some men are not white.’ (PrA., A, 24a19-20) d. Single quantity: when the subject is a proper name of only one object. E.g. ‘Socrates is white’; ‘Socrates is not white.’ The contrary of this predication is of a single quantity: ‘Socrates is not white.’ (OI., I, 7, 17b38-18a4) 11) Convertibility of predication. Some predications are convertible, that is, it is possible to change the place of subject and predicate in a true proposition so that the converted proposition remains true. This is supposed to mean that given the truth of a predication, the truth of the converted predication is inferable. The convert form of a predication depends on its quantity. a. Indefinite quantity: This predication has no strictly true convert because its quantity is not stated. b. Universal quantity: It can be converted in two ways: i) A negative universal can be converted to a negative universal in which the terms are changed. E.g. ‘No pleasure is good’ can be converted to ‘No good is pleasure.’ (PrA., A, 2, 25a5-8 and a14-19) ii) An affirmative universal can be converted to an affirmative particular in which the terms are changed. E.g. ‘Every pleasure is good’ can be converted to ‘Some good is pleasure.’ (PrA., A, 2, 25a7-9) c. Particular quantity: If it is negative, it cannot be converted but if it is affirmative, it can be converted to an affirmative predication with particular quantity. E.g. ‘Some pleasure is good’ can be converted to ‘Some good is pleasure.’ (PrA., A, 2, 25a10-13 and a20-24) d. Single quantity: It cannot be converted. 12) Characteristics of relations between subject and predicate 1. A predicate is of a wider range than its subject. It is based on this fact that Aristotle: a) Prevents individuals to be predicate because there is nothing of which an individual be of a wider range. In other words, it is due to the fact that since an individual is only ‘one particular’ thing and, thus, cannot be of a wider extent than anything that Aristotle prevents them of being a predicate. Matthews, however, thinks we cannot use Socrates, a substance and an individual, in the place of predicate and say it of Socrates because ‘Socrates does not classify Socrates: it names him.’ b) Prevents differentia, species and things under species to be predicated of genus. (To., Z, 6, 144a27-) c) Prevents the species and the things under it to be predicated of the differentia. (To., Z, 6, 144b1-4) d) Also about the effect because it is wider than its subject. (PsA., B, 17, 99a) e) Each attribute is wider than every individual it is predicated on, though several attributes, collectively considered, might not be wider but exactly the substance of a thing. (PsA., B, 13, 96a32-b1) 2. The predicate of a predicate of a subject will be predicated of the subject too: ‘whenever one thing is predicated of another as of a subject, all things said of what is predicated will be said of the subject too.’ (Cat., 3, 1b10-15) In fact, it is due to its predication of the subject that it is predicated of its predicate. (Cat., 5, 2a36-b1) Moreover, what is not predicated of the predicate of a subject cannot be predicated of it as well. (PrA., A, 27, 43b22-27) Thus, what, for example, is not predicated of animal, cannot be predicated of man. 3. The predicate of a subject can be predicated of its predicates as well. (Cat., 5, 3a1-6) For example, you call the individual man grammatical and, thence, you call both a man and an animal grammatical. Nonetheless, the predicate of a subject belongs to it more properly than to its higher predicates. (PrA., A, 27, 43a27-32) 4. It is only the subject that can be distributed and not the predicate. (PrA., A, 27, 43b16-22; OI, I, 7, 17b12-16) Therefore, we can say e.g. ‘Every man is animal’ but we cannot say ‘Every man is every animal.’ 5. It is the reason of the relation between subjects and predicates, that is the reason of predication, which is the subject of inquiry. (Met., Z, 1041a20-24) In other words, since it is a meaningless inquiry to ask why a thing is itself (Met., Z, 1041a14-15), the only remaining meaningful inquiry is to ask why something is something else, i.e. to ask about the reason of predication. 6. A subject cannot categorize its predicate in the same category in which it is categorized by it. If e.g. A is a quality of B, B cannot be a quality of A. Therefore, there is no reciprocation in the same category. (PsA., A, 22, 83a36-39) 13) Characteristics of series of predications 1. A series of secondary accidental predication cannot go ad infinitum for not even more than two terms can be comnbined. For an accident is not an accident of an accident, unless it be because both are accidents of the same subject. (Met., Γ, 1007b1-4) 2. Infinite series cannot be traversed in thought. (PsA., A, 22, 83b6-7) 3. The predications of genera on each other must be ended and cannot go to infinity because otherwise not only substances would not be definable but also a genus would be equal to one of its own species. (PsA., A, 22, 83b7-10) Therefore, a series of predication of genera on each other must be limited on both sides. There must be an upward limit in general categories as well as a downward limit in individual because they cannot be predicated of others. Whatever lies between these limits can both be predicated of others and others be predicated of them. (PrA., A, 27, 43a36-43) 4. The order of predicates matters: it makes a difference whether the series be ABC or BAC. (PsA., B, 13, 96b25-32) . (shrink)

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

The essay studies Aristotle’s critique of Parmenides in the light of the Heideggerian account of Platonic-Aristotelian metaphysics as an approach to being in terms of beings. Aristotle’s critique focuses on the presuppositions of the Parmenidean thesis of the unity of being. It is argued that a close study of the presuppositions of Aristotle’s own critique reveals an important difference between the Aristotelian metaphysical framework and the Parmenidean “protometaphysical” approach. The Parmenides fragments indicate being as such in the (...) sense of the pure, undifferentiated “is there” —as the intelligible accessibility of meaningful reality to thinking, prior to its articulation into determinate beings. For Aristotle, by contrast, “being itself” has no other plausible meaning than “being-something-determinate as such”, which itself remains equivocal. In this sense, Aristotle can indeed be said to conceive being in terms of beings, as the being-ness of determinate beings. (shrink)

Though typically arts information professionals are concerned with the documentation of artwork, this conceptual paper explores how art-making itself can be considered a form of documentation and finished artworks as documents in their own right. On this view, artwork references something outside itself as part of a broader system, and exposes how it references. The implications of this perspective are discussed, springing from a historical discussion of document epistemology, research on the information behavior of artists and the (...) philosophy of Nelson Goodman. This discussion provides a framework for conceptualizing artistic information behavior along the entire information chain. Framing art-making in the terms of information science in this way may help arts information professionals assist artists, and it provides grounds for deeper co-understandings between artists and information scientists. Additionally, once information scientists consider art as a document, we can begin to see that even non-artistic documents perhaps never were as "objective" or "factual" as they seemed. (shrink)

Theology used to be the discipline that arbitrated and ‘said’ the truth. Some argued that its methodical engagement had to make it a search-driven experimentation with an inductive outlook intended at tracking truth through practice and praise, in short conversion. The empirico-formal sciences have sought canonical norms of knowledge away from any regimentation. Neopositivism had for a time entertained a fact-derived language and, as such, it banned metaphor as mingling problems by perpetuating the belief in entirely theoretical knowledge-terms. Here we (...) aim at putting together an examination of some of the reasons why a pluralistic epistemology has come to be adopted, and an attempt at finding pluralistic responses to that very idea through interdisciplinary comparison. This is the editors' (M. Fuller & A. Runehov) introduction: Philippe Gagnon asks the interesting question: Does pluralism itself need to be plural? He argues that neo-positivism has for some time now focused on using a fact-derived language, banning metaphoricity. He explores the reasons pluralistic epistemology came to be adopted, and leads us through some important philosophical problems and how they were tackled by different philosophers and in various times. Such philosophical problems or questions concern theories, truth and knowledge. If a theory is considered to be the best one, on which criteria is this judgement made? Might it be better to have several theories that are ex æquo? Gagnon argues that even though ‘pluralism’ is a better term compared to ‘the many’, it does not entirely escape relativism. Hence, he proposes to use ‘plurality’ instead, which does not threaten the unity of truth. After this philosophical exploration, he turns to theology, specifically Trinitarian theology, to implement his findings there. (shrink)

Objectives Practitioners in contemplative traditions commonly report experiencing an awareness that is distinct from sensory objects, thoughts, and emotions (“awareness itself”). They also report experiences of a void or underlying silence that is closely associated with this awareness. Subjects who carry out the Headless Way exercises frequently report an experience of emptiness or void at the same time as other contents (void-like experiences). The goals of this study were to (1) assess the reliability of these methods in eliciting the (...) recognition of awareness and void-like experiences in participants who had no prior exposure to these techniques, (2) investigate the prevalence of these experiences in these tasks, and (3) to differentiate these experiences from closely related and potential precursor experiences. -/- Method Twenty adults participated in in-depth individual interviews in which they were guided through the Headless Way exercises. A thematic analysis was conducted on the interview transcripts. -/- Results Twelve of the participants reported a void-like experience, and five participants reported an experience of awareness itself. These experiences were respectively categorized as subsets of the more general categories of perceptual absences and the sense of not being person-like. Another novel finding was the real-time reports of awareness and void-like experiences during the exercises. -/- Conclusions Our findings provide preliminary evidence that the Headless Way exercises can effectively induce experiences of emptiness and awareness in participants without prior experience. The findings suggest that such experiences can be elicited outside of a traditional meditation context, including in non-meditators. Furthermore, the experience of not being person-like and of perceptual absences may be precursors and more general forms of recognizing awareness itself and the void-like nature of the mind. (shrink)

Rowe has recently argued that pure risk of harm cannot itself be a harm. I respond to Rowe and argue that given an appropriate understanding of objective probabilities, pure objective risk of harm can itself be a harm.

Fichte assigns ‘intellectual intuition’ a new meaning after Kant. But in 1799, his doctrine of intellectual intuition is publicly deemed indefensible by Kant and nihilistic by Jacobi. I propose to defend Fichte’s doctrine against these charges, leaving aside whether it captures what he calls the ‘spirit’ of transcendental idealism. I do so by articulating three problems that motivate Fichte’s redirection of intellectual intuition from being to acting: (1) the regress problem, which states that reflecting on empirical facts of consciousness (...) leads only to further facts and so cannot yield a first principle; (2) the rhapsody problem, which states that the categories form a haphazard set and so lack necessity unless they derive from a first principle; and (3) the nihilism problem, which states that a first principle cannot lie outside our cognition of it, lest it be the cause of our cognition and, being first, the cause of all our actions, reducing us to machines. Crucially, Fichte’s three motivating problems are in fact aspects of a single problem. Leaving any aspect unsolved spoils putative solutions to the other two. Consequently, Fichte requires a single unified solution to all three, which his doctrine of intellectual intuition provides. (shrink)

The concept of “going native in reverse” reflects the fact that nowadays more and more people involved in new religious movements and esoteric groups participate in academic activities related to the study of religion in general and particularly in the study of their movements. On the one hand, these people bring insider’s perspective in the academia. On the other hand, they bring academic knowledge and critical mind in esoteric community and change it. This situation seems to be a positive tendency (...) in the development of modern spirituality both for insiders and for the society in general, because contemporary knowledge and critical mind can make religious and esoteric currents more subtle and adequate for the modern world. But what is the future of this tendency in regard to an insider/outsider problem? Maybe they can change the academia by bringing new unexpected perspectives in the study of religion and esotericism. However, conservative academic elites can finally reject researchers who try to bring the insider perspective in the academia and even expel them from academic circles. In this case they will turn into a marginal group inside the academia, and for their skeptical colleagues they will remain to be those eccentrics who want “to wear the esoteric and the scholarly hat simultaneously”, as W. J. Hanegraaff put it. On the other hand, such researchers may try to form a new discipline, so to speak an “esoteric divinity” that will fight for the place both in the academia and in the esoteric community in the next decades. However, the esoteric community itself may reject this tendency, because many of its participants today seem to have an inimical attitude toward to rationalism and the academia. (shrink)

When so much is being written on conscious experience, it is past time to face the question whether experience happens that is not conscious of itself. The recognition that we and most other living things experience non-consciously has recently been firmly supported by experimental science, clinical studies, and theoretic investigations; the related if not identical philosophic notion of experience without a subject has a rich pedigree. Leaving aside the question of how experience could become conscious of itself, (...) I aim here to demonstrate that the terms experience and consciousness are not interchangeable. Experience is a notoriously difficult concept to pin down, but I see non-conscious experience as based mainly in momentary sensations, relational between bodies or systems, and probably common throughout the natural world. If this continuum of experience — from non-conscious, to conscious, to self-transcending awareness — can be understood and accepted, radical constructivism (the “outside” world as a construct of experience) will gain a firmer foundation, panexperientialism (a living universe) may gain credibility, and psi will find its medium. (shrink)

There is an intuitive connection between well-being and happiness. Accordingly, many theories of well-being hold that well-being consists in (either unqualified or properly qualified) happiness. Traditional happiness-based theories are subject, however, to several important objections. The goal in this chapter is to offer a new happiness-based theory that is immune to the main objections raised against traditional happiness-based theories. The authors’ own fitting happiness theory of well-being can be seen as the combination of the following claims. (...) The first is that happiness consists in a broadly positive balance of affective states such as emotions, moods, and sensory pleasures. The second is that emotions, moods, and sensory pleasures are different kinds of perceptual experiences of evaluative properties. The third claim is that, insofar as happiness is constituted by states that have fittingness conditions, it is possible to assess happiness itself as fitting or unfitting. The last claim is that well-being consists in fitting happiness thus defined. (shrink)

Recent developments in neuroscience create new opportunities for understanding the human brain. The power to do good, however, is also the power to harm, so scientific advances inevitably foster as many dystopian fears as utopian hopes. For instance, neuroscience lends itself to the fear that people will be forced to reveal thoughts and feelings which they would not have chosen to reveal, and of which they may be unaware. It also lends itself to the worry that people will (...) be encouraged to submit to medication or surgery which, even if otherwise beneficial, alters their brain in ways that undermine their identity and agency. As Kenneth Foster notes, neural implants can have surprising and unintended adverse effects, even when they help to mitigate the loss of bodily control associated with Parkinson’s disease, or help to provide hearing for children who would otherwise be profoundly deaf. While the risk of adverse outcomes are scarcely specific to neuroscience, he thinks that ‘These issues are perhaps more acute’ with the latter than with other medical interventions, ‘because they are intimately and fundamentally related to a person’s communication with the outside world’. [ 2006 196] -/- Neuroscience, like genomic science, then, is likely to create new ways of harming people. Many of these will involve violations of privacy. However, these are unlikely fundamentally to challenge the reasons to value privacy, or our ability to protect it in the foreseeable future. Rather, I would suggest, the major threat to privacy comes from the difficulty of determining its nature and value and when, if ever, efforts to protect it are justified. So I will start by examining some threats to privacy, and their implications for neuroscience, before turning to philosophical problems in understanding the nature and value of privacy, and the practical consequences of those philosophical difficulties. (shrink)

This paper addresses the problem: Can a synergy be derived from Keiji Nishitani’s conceptualization of Śūnyatā and Paul Tillich’s concept of Being Itself, as philosophies about Ultimate Reality, with the application of Wesley Wildman’s procedures based on the methodology of the Comparative Religious Ideas Project? The paper defines philosophy of religion and argues that it is justified as an academic discipline. A review of the literature demonstrates that both Nishitani and Tillich share common philosophical ground in phenomenological existentialism (...) and nihilism. The paper proceeds to discuss the biographies and religious philosophies of both Keiji Nishitani and Paul Tillich. Subsequently, the paper details the Comparative Religious Ideas Project (CRIP) methodology and then applies Wildman’s procedures to these two philosophers. The thesis concludes that a synergy exists about Ultimate Reality between the contemporary religious philosophies of Nishitani’s description of Buddhism and Tillich’s explanation of Christianity. (shrink)

Can poetry be Diasporic? Can poetry free itself from the shackles of conformism? Can it be independent and divergent, and not seek a home? Is it capable of mustering its inner strengths and living without being enlisted by a collective that accords it power? This article argues that poetry is essentially dialectic. It has little vitality without the presence of the Other, without interaction with him. However, it also contains independent, personal elements and reaches its peak through the (...) individual’s anti-conformist activity and expression. Poetry, like language, enables us to view ourselves from outside, thereby fulfilling an important role, similar to language itself, and it is created by the individual’s alienation even from himself. Poetry may provide one of the most creative potential tools of Diasporic philosophy, love and creativity being its cornerstones, but it can also be a destructive factor seeking to imprison the creative soul within a home with the solid walls of a rigid community. (shrink)

Can we consciously see more items at once than can be held in visual working memory? This question has elud- ed resolution because the ultimate evidence is subjects’ reports in which phenomenal consciousness is filtered through working memory. However, a new technique makes use of the fact that unattended ‘ensemble prop- erties’ can be detected ‘for free’ without decreasing working memory capacity.

Why should anyone be bound by cognitive norms, such as the norms of reason or mathematics? To become a mathematician is to learn to obey the norms of the mathematical community. A self becomes intentional by binding itself to communal norms. Only then can it have the freedom to think or make assertions about the community’s objects -- triangles or imaginary numbers, for example. Norms do not bind selves from the outside: being bound by norms is what (...) constitutes a self. (shrink)

Research into the neural correlates of consciousness (NCC) aims to identify not just those brain areas that are NCC, but also those that are not. In the received method for ruling out a brain area from being an NCC, this is accomplished by showing a brain area’s content to be consistently absent from subjects’ reports about what they are experiencing. This paper points out how this same absence can be used to infer that the brain area’s content is cognitively (...) inaccessible, in which case we would expect its content to be absent from subjects’ reports whether its content is (phenomenally) conscious or not. If so, such reports cannot count as evidence against that brain area being an NCC, and the received method fails. An alternative method (one suggested in Block, 2007) is considered. (shrink)

I suggest that the current interest in philosophical counseling is comparable to the situation in the Sixties when many philosophy graduates entertained false hopes of nonacademic philosophical employment. I describe my own experience as a welfare worker, in the course of which my philosophical training proved useful in various ways; I maintain, though, that there was nothing especially philosophical in this. I then consider some ways in which philosophical counseling might be distinctively philosophical. I conclude that philosophical training, as we (...) know it, is in any case inadequate for philosophical counseling and would need to be supplemented by psychological and other training. (shrink)

This book gives an account of work that I have done over a period of decades that sets out to solve two fundamental problems of philosophy: the mind-body problem and the problem of induction. Remarkably, these revolutionary contributions to philosophy turn out to have dramatic implications for a wide range of issues outside philosophy itself, most notably for the capacity of humanity to resolve current grave global problems and make progress towards a better, wiser world. A key element (...) of the proposed solution to the first problem is that physics is about only a highly specialized aspect of all that there is – the causally efficacious aspect. Once this is understood, it ceases to be a mystery that natural science says nothing about the experiential aspect of reality, the colours we perceive, the inner experiences we are aware of. That natural science is silent about the experiential aspect of reality is no reason whatsoever to hold that the experiential does not objectively exist. A key element of the proposed solution to the second problem is that physics, in persistently accepting unified theories only, thereby makes a substantial metaphysical assumption about the universe: it is such that a unified pattern of physical law runs through all phenomena. We need a new conception, and kind, of physics that acknowledges, and actively seeks to improve, metaphysical presuppositions inherent in the methods of physics. The problematic aims and methods of physics need to be improved as physics proceeds. These are the ideas that have fruitful implications, I set out to show, for a wide range of issues: for philosophy itself, for physics, for natural science more generally, for the social sciences, for education, for the academic enterprise as a whole and, most important of all, for the capacity of humanity to learn how to solve the grave global problems that menace our future, and thus make progress to a better, wiser world. It is not just science that has problematic aims; in life too our aims, whether personal, social or institutional, are all too often profoundly problematic, and in urgent need of improvement. We need a new kind of academic enterprise which helps humanity put aims-and-methods improving meta-methods into practice in personal and social life, so that we may come to do better at achieving what is of value in life, and make progress towards a saner, wiser world. This body of work of mine has met with critical acclaim. Despite that, astonishingly, it has been ignored by mainstream philosophy. In the book I discuss the recent work of over 100 philosophers on the mind-body problem and the metaphysics of science, and show that my earlier, highly relevant work on these issues is universally ignored, the quality of subsequent work suffering as a result. My hope, in publishing this book, is that my fellow philosophers will come to appreciate the intellectual value of my proposed solutions to the mind-body problem and the problem of induction, and will, as a result, join with me in attempting to convince our fellow academics that we need to bring about an intellectual/institutional revolution in academic inquiry so that it takes up its proper task of helping humanity learn how to solve problems of living, including global problems, and make progress towards as good, as wise and enlightened a world as possible. (shrink)

In this article, robust evidence is provided showing that an individual’s moral character can contribute to the aesthetic quality of their appearance, as well as being beautiful or ugly itself. It is argued that this evidence supports two main conclusions. First, moral beauty and ugliness reside on the inside, and beauty and ugliness are not perception-dependent as a result; and, second, aesthetic perception is affected by moral information, and thus moral beauty and ugliness are on the outside (...) as well. (shrink)

I argue that Stroud's nonreductionism about meaning is insufficiently motivated. First, given that he rejects the assumption that grasp of an expression's meaning guides or instructs us in its use, he has no reason to accept Kripke's arguments against dispositionalism or related reductive views. Second, his argument that reductive views are impossible because they attempt to explain language “from outside” rests on an equivocation between two senses in which an explanation of language can be from outside language. I (...) offer a partially reductive account of meaning which appeals both to speakers’ dispositions to produce and respond to utterances in naturalistically specifiable ways, and to the normative attitudes they adopt, in so doing, to their own behavior. This account is supported, I argue, by Stroud's early treatment of Wittgenstein's rule-following considerations and in particular of the agreement in primitive judgments or reactions which Wittgenstein takes to be required for linguistic communication. (shrink)

It is commonly assumed that the expression “an sich selbst” (“in itself”) in Kant combines with terms to form complex nouns such as “thing in itself” and “end in itself.” I argue that the basic use of “an sich selbst” in Kant’s German is as a sentence adverb, which has the role of modifying subject-predicate combinations, rather than either subject or predicate on their own. Expressions of the form “S is P an sich selbst” mean roughly that (...) S is P ‘in its own right’ or without some further ‘condition’. Accordingly, “an sich selbst” should not be treated as forming complex nouns. This analysis has significant consequences for the interpretation of “thing in itself” in particular, for it implies that the latter is not a complete nominal expression. Instead, one must treat ‘an sich selbst’ as expressing how some S is a ‘thing’, looking to the wider sentential context. I conclude with a brief account of the new significance granted to the concept of a ‘thing’ (Ding) according to the present interpretation. (shrink)

In his paper “There It Is” and his précis “There It Was,” Benj Hellie develops a sophisticated semantics for perceptual justification according to which perceptions in good cases can be explained by intentional psychology and can justify beliefs, whereas bad cases of perception are defective and so cannot justify beliefs. Importantly, Hellie also affords consciousness a central role in rationality insofar as only those good cases of perception within consciousness can play a justificatory function. In this commentary, I reserve judgment (...) regarding Hellie’s treatment of the rational difference between good and bad cases, but I argue there can be what he views as good cases of perceptual justification outside of consciousness. (shrink)

Quine famously holds that "philosophy is continuous with natural science". In order to find out what exactly the point of this claim is, I take up one of his preferred phrases and trace it through his writings, i.e., the phrase "Science itself teaches that …". Unlike Wittgenstein, Quine did not take much interest in determining what might be distinctive of philosophical investigations, or of the philosophical part of scientific investigations. I find this indifference regrettable, and I take a fresh (...) look at Quine's metaphilosophy, trying to defuse his avowed naturalism by illustrating how little influence his naturalistic rhetoric has on the way he actually does philosophy. (shrink)

The new mechanists and the autonomy approach both aim to account for how biological phenomena are explained. One identifies appeals to how components of a mechanism are organized so that their activities produce a phenomenon. The other directs attention towards the whole organism and focuses on how it achieves self-maintenance. This paper discusses challenges each confronts and how each could benefit from collaboration with the other: the new mechanistic framework can gain by taking into account what happens outside individual (...) mechanisms, while the autonomy approach can ground itself in biological research into how the actual components constituting an autonomous system interact and contribute in different ways to realize and maintain the system. To press the case that these two traditions should be constructively integrated we describe how three recent developments in the autonomy tradition together provide a bridge between the two traditions: (1) a framework of work and constraints, (2) a conception of function grounded in the organization of an autonomous system, and (3) a focus on control. (shrink)

The question of whether conscious experience is restricted by cognitive access and exhausted by report, or whether it overflows it—comprising more information than can be reported—is hotly debated. Recently, we provided evidence in favor of Overflow, showing that observers discriminated the color‐diversity (CD) of letters in an array, while their working‐memory and attention were dedicated to encoding and reporting a set of cued letters. An alternative interpretation is that CD‐discriminations do not entail conscious experience of the underlying colors. Here we (...) argue, based on conceptual considerations and consistency with neuroscience and phenomenology, in favor of the Overflow interpretation. (shrink)

Louise Brown's birth in 1978 heralded a new era not just in reproductive technology, but in the relationship between science, cells, and society. For the first time, human embryos could be created, selected, studied, manipulated, frozen, altered, or destroyed, outside the human body. But with this possibility came a plethora of ethical questions. Is it acceptable to destroy a human embryo for the purpose of research? Or to create an embryo with the specific purpose of destroying it for research? (...) In an attempt to construct ethical and legal frameworks for the new era of cellular reprogramming, legislators and ethicists have tried to distinguish between different kinds of biological entity. We treat cells differently depending on whether they are human or animal, somatic cells or gametes, and on whether they are embryos or not. But this approach to the ethics of cellular reprogramming is doomed to failure for the simple reason that cellular reprogramming in itself destroys the distinctions that the law requires to function. In this article, we explore the historical trajectory of cellular reprogramming and its relationship with ethics and society. We suggest that the early hype of embryo research has not obviously fulfilled expectations, but since new avenues of research are continuously opening, it is hard to say definitely that these promises have been broken. We explore the forthcoming challenges posed by the creation of DNA from scratch in the laboratory, and the implications of this for understandings of identity, privacy, and reproduction. We conclude that while ethics used to seek answers in biological facts, this is no longer possible, and a new approach is required. (shrink)

The chapter deals with the two most distinctive elements of the Introduction of the Naturrecht Feyerabend, namely the notions of an end in itself and autonomy. I shall argue that both are to be interpreted with regard to the aim of explaining the ground of right. In this light, I suggest that the notion of an end in itself counters a voluntarist conception like Achenwall’s with a claim whose necessity has a twofold ground: First, the representation of an (...) unconditional worth emerges as a structural element of the practical use of reason. Second, that representation concerns the necessary self-understanding of moral subjects. Finally, I argue that the other distinctive element, the occurrence of the notion of autonomy, is best understood as an application of that idea to a specific issue, which Kant addresses by showing that freedom is a self-regulating domain. (shrink)

This paper explores the level of obligation called for by Milton Friedman’s classic essay “The Social Responsibility of Business is to Increase Profits.” Several scholars have argued that Friedman asserts that businesses have no or minimal social duties beyond compliance with the law. This paper argues that this reading of Friedman does not give adequate weight to some claims that he makes and to their logical extensions. Throughout his article, Friedman emphasizes the values of freedom, respect for law, and duty. (...) The principle that a business professional should not infringe upon the liberty of other members of society can be used by business ethicists to ground a vigorous line of ethical analysis. Any practice, which has a negative externality that requires another party to take a significant loss without consent or compensation, can be seen as unethical. With Friedman’s framework, we can see how ethics can be seen as arising from the nature of business practice itself. Business involves an ethics in which we consider, work with, and respect strangers who are outside of traditional in-groups. (shrink)

ABSTRACT This article takes Judith Butler’s epistemological problem of “framing” alongside Dana S. Belu’s notion of “reproductive enframing” to analyze whose bodies lie outside the borders of who is considered the appropriate reproductive citizen. Are all bodies subject to reproductive enframing under a totalizing technological ideology that Martin Heidegger refers to as Gestell? Or, does Belu’s notion of “partial enframing” allow a space to queer, or upset, our current understanding of such ideology? By queering the way that we currently (...) view assisted reproductive technology, can we widen the frame or cross its borders? In this article, I am primarily concerned with the necessity to queer French reproductive policy, though the questions I raise can be extended to any critiques of ART. (shrink)

The scope of libertarian law is normally limited to the application of the non-aggression principle (NAP), nothing more and nothing less. However, judging when the NAP has been violated requires not only a conception of praxeological notions such as aggression, but also interpretive understanding of what synthetic events count as the relevant praxeological types. Interpretive understanding—or verstehen—can be extremely heterogeneous between agents. The particular verständnis taken by a judge has considerable moral and political implications. Since selecting a verständnis is pre-requisite (...) to applying the NAP, the NAP itself cannot tell us which one we ought morally to choose. Therefore the application of the NAP calls on moral and political considerations outside of the NAP itself. Since some of these are more consistent with an endorsement of the NAP than others, libertarianism is not a “thin” commitment to the NAP alone, but a “thick” commitment to the NAP and other supporting moral and political considerations. (shrink)

The ontic conception of explanation is predicated on the proposition that “explanation is a relation between real objects in the world” and hence, according to this approach, scientific explanation cannot take place absent such a premise. Despite the fact that critics have emphasized several drawbacks of the ontic conception, as for example its inability to address the so-called “abstract explanations”, the debate is not settled and the ontic view can claim to capture cases of explanation that are non-abstract, such as (...) causal relations between events. However, by eliminating the distinction between abstract and non-abstract explanations, it follows that ontic and epistemic proposals can no longer contend to capture different cases of explanation and either all are captured by the ontic view or all are captured by the epistemic view. On closer inspection, it turns out that the ontic view deals with events that fall outside the scientists’ scope of observation and that it does not accommodate common instances of explanation such as explanations from false propositions and hence it cannot establish itself as the dominant philosophical stance with respect to explanation. On the contrary, the epistemic conception does account for almost all episodes of explanation and can be described as a relation between representations, whereby the explanans transmit information to the explanandum and that this information can come, dependent on context, in the form of any of the available theories of explanation (law-like, unificatory, causal and non-causal). The range of application of the ontic view thus is severely restricted to trivial cases of explanation that come through direct observation of the events involved in an explanation and explanation is to be mostly conceived epistemically. (shrink)

Thomas Kroedel argues that the lottery paradox can be solved by identifying epistemic justification with epistemic permissibility rather than epistemic obligation. According to his permissibility solution, we are permitted to believe of each lottery ticket that it will lose, but since permissions do not agglomerate, it does not follow that we are permitted to have all of these beliefs together, and therefore it also does not follow that we are permitted to believe that all tickets will lose. I present two (...) objections to this solution. First, even if justification itself amounts to no more than epistemic permissibility, the lottery paradox recurs at the level of doxastic obligations unless one adopts an extremely permissive view about suspension of belief that is in tension with our practice of doxastic criticism. Second, even if there are no obligations to believe lottery propositions, the permissibility solution fails because epistemic permissions typically agglomerate, and the lottery case provides no exception to this rule. (shrink)

In this paper, I describe some strategies for teaching an introductory philosophy of science course to Science, Technology, Engineering, and Mathematics (STEM) students, with reference to my own experience teaching a philosophy of science course in the Fall of 2020. The most important strategy that I advocate is what I call the “Second Philosophy” approach, according to which instructors ought to emphasize that the problems that concern philosophers of science are not manufactured and imposed by philosophers from the outside, (...) but rather are ones that arise internally, during the practice of science itself. To justify this approach, I appeal to considerations from both educational research and the epistemology of testimony. In addition, I defend some distinctive learning goals that philosophy of science instructors ought to adopt when teaching STEM students, which include rectifying empirically well-documented shortcomings in students’ conceptions of the “scientific method” and the “nature of science.” Although my primary focus will be on teaching philosophy of science to STEM students, much of what I propose can be applied to non-philosophy majors generally. Ultimately, as I argue, a successful philosophy of science course for non-philosophy majors must be one that advances a student’s science education. The strategies that I describe and defend here are aimed at precisely that end. (shrink)

The Computational Theory of Mind (CTM) holds that cognitive processes are essentially computational, and hence computation provides the scientific key to explaining mentality. The Representational Theory of Mind (RTM) holds that representational content is the key feature in distinguishing mental from non-mental systems. I argue that there is a deep incompatibility between these two theoretical frameworks, and that the acceptance of CTM provides strong grounds for rejecting RTM. The focal point of the incompatibility is the fact that representational content is (...) extrinsic to formal procedures as such, and the intended interpretation of syntax makes no difference to the execution of an algorithm. So the unique 'content' postulated by RTM is superfluous to the formal procedures of CTM. And once these procedures are implemented in a physical mechanism, it is exclusively the causal properties of the physical mechanism that are responsible for all aspects of the system's behaviour. So once again, postulated content is rendered superfluous. To the extent that semantic content may appear to play a role in behaviour, it must be syntactically encoded within the system, and just as in a standard computational artefact, so too with the human mind/brain - it's pure syntax all the way down to the level of physical implementation. Hence 'content' is at most a convenient meta-level gloss, projected from the outside by human theorists, which itself can play no role in cognitive processing. (shrink)

Within theoretical and empirical enquiries, many different meanings associated with consciousness have appeared, leaving the term itself quite vague. This makes formulating an abstract and unifying version of the concept of consciousness – the main aim of this article –into an urgent theoretical imperative. It is argued that consciousness, characterized as dually accessible (cognized from the inside and the outside), hierarchically referential (semantically ordered), bodily determined (embedded in the working structures of an organism or conscious system), and useful (...) in action (pragmatically functional), is a graded rather than an all-or-none phenomenon. A gradational approach, however, despite its explanatory advantages, can lead to some counterintuitive consequences and theoretical problems. In most such conceptions consciousness is extended globally (attached to primitive organisms or artificial systems), but also locally (connected to certain lower-level neuronal and bodily processes). For example, according to information integration theory (as introduced recently by Tononi and Koch, 2014), even such simple artificial systems as photodiodes possess miniscule amounts of consciousness. The major challenge for this article, then, is to establish reasonable, empirically justified constraints on how extended the range of a graded consciousness could be. It is argued that conscious systems are limited globally by the ability to individuate information (where individuated information is understood as evolutionarily embedded, socially altered, and private), whereas local limitations should be determined on the basis of a hypothesis about the action-oriented nature of the processes that select states of consciousness. Using these constraints, an abstract concept of consciousness is arrived at, hopefully contributing to a more unified state of play within consciousness studies itself. (shrink)

This paper examines connections between concepts of space and extension on the one hand and immaterial spirits on the other, specifically the immanentist concept of spirits as present in rerum natura. Those holding an immanentist concept, such as Thomas Aquinas, typically understood spirits non-dimensionally as present by essence and power; and that concept was historically linked to holenmerism, the doctrine that the spirit is whole in every part. Yet as Aristotelian ideas about extension were challenged and an actual, infinite, dimensional (...) space readmitted, a dimensionalist concept of spirit became possible—that asserted by the mature Henry More, as he repudiated holenmerism. Despite More’s intentions, his dimensionalist concept opens the door to materialism, for supposing that spirits have parts outside parts implies that those parts could in principle be mapped onto the parts of divisible bodies. The specter of materialism broadens our interest in More’s unconventional ideas, for the question of whether other early modern thinkers, including Isaac Newton, followed More becomes a question of whether they too unwittingly helped usher in materialism. This paper shows that More’s attack upon holenmerism fails. He illegitimately injects his dimensionalist concept of spirit into the doctrine, failing to recognize it as a consequence of the non-dimensionalist concept of spirit, which in itself secures indivisibility. The interpretive consequence for Newton is that there is no prima facie reason to suppose that the charitable interpretation takes him to deny holenmerism. (shrink)

Skepticism about the external world may very well be correct, so the question is in order: what theory of knowledge flows from skepticism itself? The skeptic can give a relatively simple and intuitive account of knowledge by identifying it with indubitable certainty. Our everyday ‘I know that p’ claims, which typically are part of practical projects, deploy the ideal of knowledge to make assertions closely related to, but weaker than, knowledge claims. The truth of such claims is consistent with (...) skepticism; various other vexing problems don’t arise. In addition, even if no claim about the world outside my mind can be more probable than its negation, the project of pure scientific research remains well motivated. (shrink)

In this history of the development of ideas of honor in Western philosophy, Peter Olsthoorn examines what honor is, how its meaning has changed, and whether it can still be of use. Political and moral philosophers from Cicero to John Stuart Mill thought that a sense of honor and concern for our reputation could help us to determine the proper thing to do, and just as important, provide us with the much-needed motive to do it. Today, outside of the (...) military and some other pockets of resistance, the notion of honor has become seriously out of date, while the term itself has almost disappeared from our moral language. Most of us think that people ought to do what is right based on a love for justice rather than from a concern with how we are perceived by others. Wide-ranging and accessible, the book explores the role of honor in not only philosophy but also literature and war to make the case that honor can still play an important role in contemporary life. (shrink)

*North American Society for Social Philosophy (NASSP) Book Award 2019.* -/- *International Studies Association (ISA) - International Ethics Section Book Award 2021.* -/- Although military mores have relied primarily on just war theory, the ethic of cooperation in warfare (ECW)—between enemies even as they are trying to kill each other—is as central to the practice of warfare and to conceptualization of its morality. Neither game theory nor unilateral moral duties (God-given or otherwise) can explain the explicit language of cooperation in (...) developing and enforcing principles of military ethics and the law of armed conflict. -/- The ethic of cooperation is borne of various motivations: reciprocity, self-preservation, and efficiency, to be sure, but also a sense of warrior honor and concern with human rights. This shared morality can persist despite making it more difficult for one side or the other to win and, unfortunately, its well-meaning motivations often lead to unintended tragic consequences. -/- This book explores three manifestations of this significant yet overlooked ethic of cooperation in warfare: (1) for a “fair fight,” (2) to protect classes of individuals (e.g., non-combatants or prisoners of war), and (3) to end the war quickly. Such cooperation can take unexpected forms, from ad hoc decisions on the battlefield to institutionalization in international law, and is the source of some critical tensions in one of the most significant developments in warfare in recent years: namely, how to handle terrorism or other forms of warfare that lie outside the purview of international law. -/- Each type of ECW raises questions internal to that ethic, such as inconsistencies in the concept of “parity” across different weapons bans, contradictions within the warrior ethic that heavily influence—and therefore confuse—notions of the “fair fight,” the disconnect between what protections a person receives and his responsibility for the war (e.g., political leaders), or the limited decisiveness of outcomes generated by very short wars. -/- Their simultaneous application also generates significant tensions and raises questions about the proper relationship of ECW to the immediate goal of war itself, which is to win, and thus yield either a political settlement or a justicial decision. For example, the ECWs for a “fair fight” and to protect classes of individuals can make it harder to win the war, but even more concerning is that they can also kill more people, which in the latter case contravenes its very purpose. -/- Human history is in some ways the story of trying to concurrently wage and tame war, and the architecture of warfare itself is informed by the ECW, in particular: (a) the political nature of war, (b) the abdication from jus ad bellum judgments in order to concentrate on justice within war (jus in bello), and (c) the ways in which modern nation-states collude to define “legitimacy” in war. -/- The combination of these three features leave questions of justicial right and responsibility for war disturbingly unresolved, it also generates new challenges in a geopolitical context in which cooperative and non-cooperative (e.g. contemporary terrorism) forms of warfare clash. (shrink)