The task of the congress of the German Society for Semiotics in Passau / Germany in September 2017 was to explore and describe "boundaries". A total of 12 sections of the society wrote a call for paper for this purpose. With the present anthology it has to be made evident, how concretely also the boundaries of the own, the other and the foreign can be negotiated via pictures. -/- Papers: -/- - Martina Sauer: Ikonische Grenzverläufe. Szenarien des Eigenen, Anderen und (...) Fremden im Bild. Eine Einführung, 4 - Barbara Margarethe Eggert: Das andere Geschlecht im Altarraum – exklusive Textilien als inklusive Medien. Studien zum Gösser Ornat, 7 - Birke Sturm: Politik der Schönheit: Zur Konstruktion einer ›wissenschaftlichen‹ Bildästhetik schöner weiblicher Körper um 1900 am Beispiel des Gynäkologen Carl Heinrich Stratz, 22 - Melis Avkiran: Das rassifizierte Fremde im Bild. Zur Genese differenzbildender Konzepte in der Kunst des 15. Jahrhunderts am Beispiel des Malers Hans Memling, 40 - Leonie Licht: weiß zwischen schwarz zwischen weiß – Geschichten von Identität im Bild, 75 - Julia Austermann: Queere Interventionen im kommunistischen Polen – Krzysztof Jung und sein ›plastisches Theater‹, 91 - Sabine Engel: Tizians Porträt der Laura Dianti. Aneignung und Transformation zwischen Orient und Okzident, 111 - Anna Christina Schütz: Osman Hamdi Beys Türkische Straßenszene. Der Teppich als Verhandlungsort kultureller Identitäten im ausgehenden 19. Jahrhundert, 146 - Benjamin Häger, Claudia Jürgens: Ikonische Stadtstrategien. Das Fassadenplakat und die Musterfassade als Instrumente machtpolitischer Repräsentation, 175 - Irene Schütze: Fehlende Verweise, rudimentäre ›Markierungen‹: aufgeweichte Grenzverläufe zwischen Kunst und Alltag, 204 - Stefan Römer: Interesse an und in einem Bildarchiv für Migrant/innen und Flüchtlinge, 221 - Viola Nordsieck: Von der Fähigkeit, einen Stuhl zu ignorieren. A. N. Whiteheads Konzept der Wahrnehmung als symbolisierender Tätigkeit und die Art, wie wir Bilder als Bilder sehen, 239 - David Jöckel: Mythos und Bild. Roland Barthes’ Semiologie bildlicher Stereotypisierung, 255 -/- - Kurzbiographien der Autorinnen und Autoren, 274 - Impressum, 278. (shrink)

How do people decide which claims should be considered mere beliefs and which count as knowledge? Although little is known about how people attribute knowledge to others, philosophical debate about the nature of knowledge may provide a starting point. Traditionally, a belief that is both true and justified was thought to constitute knowledge. However, philosophers now agree that this account is inadequate, due largely to a class of counterexamples (termed ‘‘Gettier cases’’) in which a person’s justified belief is true, but (...) only due to luck. We report four experiments examining the effect of truth, justification, and ‘‘Gettiering’’ on people’s knowledge attributions. These experiments show that: (1) people attribute knowledge to others only when their beliefs are both true and justified; (2) in contrast to contemporary philosophers, people also attribute knowledge to others in Gettier situations; and (3) knowledge is not attributed in one class of Gettier cases, but only because the agent’s belief is based on ‘‘apparent’’ evidence. These findings suggest that the lay concept of knowledge is roughly consistent with the traditional account of knowledge as justified true belief, and also point to a major difference between the epistemic intuitions of laypeople and those of philosophers. (shrink)

We all want to find a way to live fulfilling lives together in spite of our differences. What beliefs must be held in common if we are to do so? What beliefs must be excluded? And what are the implications for religion’s place in society? Philip Kitcher recognises that our answers to these questions have important implications for education, and he devotes a chapter of 'The Main Enterprise of the World' to the role of religion in education and wider society. (...) This paper is a critical response to that chapter. I argue that Kitcher is right to recognise that religious beliefs cannot be confined to the private sphere and thus they are a matter of educational concern. However, I question whether Kitcher makes an adequate case for the distinctive harmfulness of the beliefs that he wishes to exclude. I also question Kitcher’s suggestion that students be taught that all religions are ‘on a par’, epistemically speaking. I finish by shining a light on Kitcher’s proposal that education should aim for students to develop specific beliefs about religion, clarifying the proposal and highlighting some implications for education in practice. (shrink)

This study aims to provide a coherent new interpretation of the notorious anti-hedonism of Speusippus, Plato’s nephew and the second scholarch of the Academy, by reconsidering all the relevant sources concerning his attitude toward pleasure—sources that seem to be in tension or even incompatible with each other. By reassessing Speusippus’ anti-hedonism and Aristotle’s response, it also sheds new light on the Academic debate over pleasure in which he and Aristotle participated: This debate is not merely concerned with the truth and (...) credibility of the arguments for or against hedonism; there are also notable differences among the participants in their understanding of the practical significance of evaluating hedonic experiences. This new interpretation allows us to better understand Aristotle’s selective representation of the intra-school debate and some neglected features of his responses to different interlocutors. (shrink)

In several lectures, interviews and essays from the early 1980s, Michel Foucault startlingly argues that he is engaged in a kind of critical work that is similar to that of Immanuel Kant. Given Foucault's criticisms of Kantian and Enlightenment emphases on universal truths and values, his declaration that his work is Kantian seems paradoxical. I agree with some commentators who argue that this is a way for Foucault to publicly acknowledge to his critics that he is not, as some of (...) them charge, attempting a total critique of Enlightenment beliefs and values, but is instead attempting to transform them from within. I argue further that Foucault's self-professed Kantianism can also productively be read as a means of encouraging change in his intellectual audience, a call to courage to take up the thread of Enlightenment thought that Foucault finds in Kant's essay, `What is Enlightenment?': that of directing one's philosophical efforts towards questioning and transforming one's own present in its historical specificity, for the sake of promoting the values of freedom and autonomy therein. Though much of Kant's philosophical work is focused on that which lies outside of history, Foucault locates in some of it a concern for what is happening here and now that, I argue, he encourages his audience to take up for themselves through tracing his own intellectual lineage to Kant. In so doing, he encourages contemporary philosophers to consider the value and effects of their work on the present social and political contexts in which they live. (shrink)

Michael Weisberg’s account of scientific models concentrates on the ways in which models are similar to their targets. He intends not merely to explain what similarity consists in, but also to capture similarity judgments made by scientists. In order to scrutinize whether his account fulfills this goal, I outline one common way in which scientists judge whether a model is similar enough to its target, namely maximum likelihood estimation method. Then I consider whether Weisberg’s account could capture the judgments involved (...) in this practice. I argue that his account fails for three reasons. First, his account is simply too abstract to capture what is going on in MLE. Second, it implies an atomistic conception of similarity, while MLE operates in a holistic manner. Third, Weisberg’s atomistic conception of similarity can be traced back to a problematic set-theoretic approach to the structure of models. Finally, I tentatively suggest how these problems might be solved by a holistic approach in which models and targets are compared in a non-set-theoretic fashion. (shrink)

This essay develops an inferential account of model explanation, based on Mauricio Suárez’s inferential conception of scientific representation and Alisa Bokulich’s counterfactual account of model explanation. It is suggested that the fact that a scientific model can explain is essentially linked to how a modeler uses an established model to make various inferences about the target system on the basis of results derived from the model. The inference practice is understood as a two-step activity, with the first step involving making (...) counterfactual statements about the model itself and the second step involving making hypothetical statements transferring over claims derived from the model onto the target. To illustrate how this two-step activity proceeds, an agent-based simulation model is discussed. (shrink)

This paper examines Aristotle’s vocabulary of pain, that is the differences and relations of the concepts of pain expressed by synonyms in the same semantic field. It investigates what is particularly Aristotelian in the selection of the pain-words in comparison with earlier authors and specifies the special semantic scope of each word-cluster. The result not only aims to pin down the exact way these terms converge with and diverge from each other, but also serves as a basis for further understanding (...) Aristotle’s philosophical conception of pain. (shrink)

In his “Space, supervenience and substantivalism”, Le Poidevin proposes a substantivalism in which space is discrete, implying that there are unmediated spatial relations between neighboring primitive points. This proposition is motivated by his concern that relationism suffers from an explanatory lacuna and that substantivalism gives rise to a vicious regress. Le Poidevin implicitly requires that the relationist be committed to the “only x and y ” principle regarding spatial relations. It is not obvious that the relationist is committed to this (...) principle in such a context. An additional motivation for Le Poidevin's argument, that space should be considered to be discrete, is that he believes that substantivalists are committed to a vicious regress. I show that the regress is in fact not of the vicious variety. These two main arguments show that Le Poidevin's suggestion that we drop the density postulate for space is unnecessary. (shrink)

The 13th-15th centuries were witness to lively and broad-ranging debates about the nature of persons. In this paper, I look at how the uses of ‘person’ in logical/grammatical, legal/political, and theological contexts overlap in the works of 13th-15th century contemplatives in the Latin West, such as Hadewijch, Meister Eckhart, and Catherine of Siena. After explicating the key concepts of individuality, dignity, and rationality, I show how these ideas combine with the contemplative use of first- and second-person perspectives, personification, and introspection (...) to yield a concept of 'person' that both prefigures Locke's classic 17th century definition and deeply influences the development of personalism. (shrink)

E. Husserl’s reflections in Logical Investigations on “intentional feelings” and “non-intentional feelings” are significant in both his later ethical explorations and M. Scheler’s thought on ethics. Through the incorporation of the views of Husserl and Scheler, we find that the phenomenology of the intentional feeling-acts is not only the foundation of the non-formal ethics of values in Scheler’s phenomenology, but also at least the constitutive foundation of the ethics of Husserl’s first orientation.

Can the persistence of a human being's soul at death and prior to the bodily resurrection be sufficient to guarantee that the resurrected human being is numerically identical to the human being who died? According to Thomas Aquinas, it can. Yet, given that Aquinas holds that the human being is identical to the composite of soul and body and ceases to exist at death, it's difficult to see how he can maintain this view. In this paper, I address Aquinas's response (...) to this objection . After making a crucial clarification concerning the nature of the non-repeatability principle on which the objection relies, I argue that the contemporary notion of immanent causal relations provides us with a way of understanding Aquinas's defence that renders it both highly interesting and philosophically plausible. (shrink)

Polger and Shapiro argue that their official recipe, a criterion for judging when the phenomenon of multiple realization exists, renders MR less widespread than its proponents have assumed. I argue that, although Polger and Shapiro’s criterion is a useful contribution, they arrive at their conclusion too hastily. Contrary to Polger and Shapiro, I claim that the phenomenon of multiple realization in the biological world, judged by their criterion, is not as scarce as they suggest. To show this, an updated official (...) recipe, namely a multiple mechanistic realization thesis, integrating Polger and Shapiro’s criterion with a compositional conception of realization, is developed. Then, three examples of varied kinds are examined, showing that cases of MR are not so hard to find in the biological world. (shrink)

The debate over the value of pleasure among Eudoxus, Speusippus, and Aristotle is dramatically documented by the Nicomachean Ethics, particularly in the dialectical pros-and-cons concerning the so-called argument from contraries. Two similar versions of this argument are preserved at EN VII. 13, 1153b1–4, and X. 2, 1172b18–20. Many scholars believe that the argument at EN VII is either a report or an appropriation of the Eudoxean argument in EN X. This essay aims to revise this received view. It will explain (...) why these two arguments differ in premises, contents and purposes, and why these distinctions matter for a proper assessment of Aristotle’s understanding of pleasure and pain in general and his dialectical art in particular. (shrink)

At several points throughout his career, Foucault suggests that publishing texts without authors’ names attached would be a useful step towards dismantling what he calls the “author-function:” a social and political role structured according to the way discourse is treated and disseminated in a particular social setting. I discuss Foucault’s criticisms of the author-function in terms of its relationship to the political role of intellectuals, and I argue that the demise of this role cannot be achieved through the means of (...) authorial anonymity, as Foucault suggests. Rather, it must be undermined from a position within this role itself. (shrink)

This paper reexamines Theophrastus’ Metaphysics 11a18–26, an obscure testimony about Speusippus, the second head of the Platonic Academy. As opposed to the traditional interpretation, which takes this passage as Theophrastus’ polemic against Speusippus’ doctrine of value, I argue that he here dialectically takes advantage of, rather than launches an attack on, the Platonist. Based on this new reading, I further propose a revision and a reassessment of the ‘gloomy metaphysics’ of Speusippus which will shed new light on his ethics.

The Middles Ages are often portrayed as a time in which people with physical disabilities in the Latin West were ostracized, on the grounds that such conditions demonstrated personal sin and/or God’s judgment. This was undoubtedly the dominant response to disability in various times and places during the fifth through fifteenth centuries, but the total range of medieval responses is much broader and more interesting. In particular, the 13th-15th century treatment of three groups (martyrs, mothers, and mystics - whose physical (...) ‘defects’ were often understood as signs of special connection to God in this life, and who were often represented as retaining these signs in the life to come) challenge standard notions of beauty, disfigurement, and bodily perfection, particularly as the notion is applied to eternal life and our ultimate end. (shrink)

Based on the dispute between Protagoras and Socrates on the origin of ethics, one can ask the question of whether the principle of ethics is reason orfeeling/emotion, or whether ethics is grounded on reason or feeling/emotion. The development of Kant’s thoughts on ethics shows the tension between reason and feeling/emotion. In Kant’s final critical ethics, he held to a principle of “rational a priori.” On the one hand, this is presented as the rational a priori principle being the binding principle (...) of judgment. On the other hand, it is presented as the doctrine of “rational fact” as the ultimate argument of his ethics. Husserl believed that Kant’s doctrine of a rational a priori totally disregarded the a priori essential laws of feeling. Like Husserl, Scheler criticized Kant’s doctrine of a rational a priori, and therefore developed his own theory of an “emotional a priori”. Both of them focused their critiques on the grounding level of ethics. Scheler, however, did not follow Husserl all the way, but criticized him and reflected on his thoughts. At last, he revealed the primary status of a phenomenological material ethics of value. (shrink)

I analyse the 2014 policy to promote 'British values' in schools from the perspective of the two main positions in contemporary liberal theory, comprehensive liberalism and political liberalism. I highlight in what ways comprehensive and political liberal defences of the policy are unsatisfactory, before briefly sketching a possible alternative position – ‘thin comprehensive liberalism’ – and discussing its potential for justifying a substantive education in liberal values. In light of this theoretical perspective, I suggest some ways that the existing British (...) values policy might be amended in practice so as to bring it more in line with the liberal ideal. (shrink)

I propose a dynamic causal approach to characterizing the notion of a mechanism. Levy and Bechtel, among others, have pointed out several critical limitations of the new mechanical philosophy, and pointed in a new direction to extend this philosophy. Nevertheless, they have not fully fleshed out what that extended philosophy would look like. Based on a closer look at neuroscientific practice, I propose that a mechanism is a dynamic causal system that involves various components interacting, typically nonlinearly, with one another (...) to produce a phenomenon of interest. (shrink)

Many teachers appreciate discussing teaching and learning with others, and participating in a community of others who are also excited about pedagogy. Many philosophy teachers find meetings such as the biannual AAPT workshop extremely valuable for this reason. But in between face-to-face meetings such as those, we can still participate in a community of teachers and learners, and even expand its borders quite widely, by engaging in activities under the general rubric of “open education.” Open education can mean many things, (...) from sharing one’s teaching materials openly with others, to using and revising those created by others, to asking students to create open educational materials, and more. In this article I discuss the benefits and possible drawbacks of such activities, and I argue that the former outweigh the latter. (shrink)

The article aims at formulating a philosophical framework and by this giving some means at hand to save human libertarian freedom, God’s omniscience and God’s ”eternity’. This threefold aim is achieved by 1) conceiving of an agent as having different possibilities to act, 2) regarding God’s knowledge -- with respect to agents -- not only as being ”propositional’ in character but also as being ”experiential’: God knows an agent also from the ”first person perspective’, as the agent knows herself, and, (...) 3), formulating ”eternity’ and ”temporality’ as being homeomorphically related to each other. This gives rise to a coherent interplay that saves both human libertarian freedom and God’s omniscient ”view from eternity’. (shrink)

Plato’s nephew Speusippus has been widely accepted as the historical person behind the mask of the anti-hedonists in Phlb. 42b–44c. This hypothesis is supported by, inter alia, the link between Socrates’ char- acterization of them as δυσχερεῖς and the frequent references of δυσχέρεια as ἀπορία to Speusippus in Aristotle’s Metaphysics MN. This study argues against assigning any privileged status to Speusippus in the assimilation of δυσχέρεια with ἀπορία. Instead, based on a comprehensive survey of how δυσχερ- words were used in (...) classical antiquity, the semantic shift of δυσχέρεια can be explained in an alternative way. (shrink)

Paper presented at a meeting of the International Association for Philosophy and Literature, Stony Brook, New York, USA, May 2000. -/- Foucault rejects the idea of intellectuals acting as "prophets": telling others what must be done and what sorts of social and political goals they should pursue. I argue that in outright rejecting such prophecy, Foucault may not be pursuing the most effective means of eventually breaking it down. I locate in Foucauldian genealogical works such as Discipline and Punish a (...) rhetorical strategy through which the intellectual acts as a prophet while also distancing him/herself from this role: the genealogist speaks as a universal intellectual while also encouraging others to question the truths thus provided, as well as the role of the intellectual as prophet itself. I argue that in so doing the genealogist engages in a kind of exile, a term I borrow from Edward Said to denote a movement of distancing without effecting a clean break. This intellectual, rather than rejecting outright the role of the prophet, works within this role while yet distancing him/herself from it -- acting as (what I call) a “prophet in exile.”. (shrink)

Seabed mining, the extraction of minerals from the deep-sea floor, is hotly contested. Policymakers have agreed on the need for a regulatory framework. However, traditional ethical theories and principles are not well equipped for the ethics of the alien deep sea. Engaging with the sea means engaging with something abstract that we can only access indirectly. We argue that this invisibility and alienness of the sea and its inhabitants can give new insights into how ethics are done. Rather than getting (...) even more grip on what is already directly known, considering what is outside our usual moral view may be just as valuable. To do so, art can help us think with these unknown and invisible parts of the ecosystem. For that, we describe three cases. The scientist and artist Eugen Ransonnet engaged with the underwater world in the late 19th century. The Victorian flower painter Marianne North's unruly approach greatly influenced the botanic discourse until today. And finally, Christina Stadlbauer's Institute for the Relocation of Biodiversity and her work with the mollusk Pinna Nobilis in Mar Menor, Spain. We describe the Pinna Nobilis video project and the ethical and political opportunities it opens. We propose that engaging with the arts can pave the way towards including the unknown in ethical reflection and, at the same time, how it can rephrase questions that can help us reconsider what is outside of our moral view. (shrink)

Presented at the 2010 Annual Meeting of the Association for Core Texts and Courses, New Brunswick, New Jersey, USA, April 2010. -/- René Descartes’ Discourse on Method is paradoxical in several respects: it was published anonymously, yet is rich in autobiographical detail; further, Descartes insists that “the power of judging well and of distinguishing the true from the false…is naturally equal in all men,” and also that “the world consists almost exclusively of … minds for whom [his method of reasoning] (...) is not at all suitable” (1, 9). The Discourse indicates both that the identity of a particular reasoning subject (such as the author of the text itself) does not matter—because all rational beings could come to the same conclusion if using their reason correctly—and yet also that who one is does indeed matter to showing that one counts as one of the select group of subjects who possess knowledge. The method and its results do not speak for themselves; rather, the author must speak for them, and legitimize his authority in the process. If it were the case that Descartes’ plan did not go beyond “trying to reform [his] own thoughts and building upon a foundation which is completely [his] own” (9), then he might rest content with his own convictions regarding the truth of his conclusions, but if he wants to be recognized by others as possessing knowledge then he must either appeal to existing standards of authority to legitimize his method and its conclusions, or argue for the validity of new ones. Either way, the Discourse demonstrates Michel Foucault’s claims that knowledge production is bound up in a social context that determines what counts as true knowledge and who has the authority to speak about it. Descartes’s text shows an author both boldly presenting revolutionary arguments and methods and revealing his awareness of the difficulties and dangers of resisting the accepted standards of knowledge. It can be used to spark discussion amongst students about whether, even if we believe anyone’s reason might produce knowledge, it is still the case today that only some count as “knowers” according to criteria that are socially determined (e.g., institutional affiliation, status within an institution, the acceptability of certain sorts of projects and methods as legitimate for knowledge). (shrink)

Paper presented at the Association for Informal Logic and Critical Thinking meeting in conjunction with the Central Division of the American Philosophical Association, Chicago, April 2004.

In this paper, the author will explore the relationship between agency and intentionality of the artificial agent in the following seven ways.

"Wilderness" is a concept which has undergone a radical change in recent years. Owing to the scale of global destruction of the wilderness and its various ecosystems, the idea of wilderness has been transformed from its original negative sense as an Other into a matter of public concern. This as replaced the understanding of "wilderness " not only as a place but as a category closely linked with the development of buman culture. As the result of human practice and representation, (...) nature is thus also political Models and concepts of nature in the creative arts can be indicative of a certain culture's relationship with nature, as they communicate prevailing ideologies. This is particularly pertinent to concepts of nature in Canada where wilderness includes vast tracts of forests, lakes and an Arctic North, which has led to a distinctively Canadian relationship between Canadians and their natural environment. The change in the literary representations of interactions between humankind and environment in Canadian fiction - from the "double vision" resulting from the view of the wilderness both as a threatening Other and free space; to the view of threatened nature as a means of identification; and, finally, as a post-modem place of transgression and possibility - invites questions about both the semiotic threshold between nature and culture, and about the function of boundaries in the constitution of identity. (shrink)

What sorts of reasons should citizens have in mind when they cast votes? Arguments from both sides of the EU referendum debate are used here to raise questions about what our motivations should be when voting. The article introduces John Rawls's requirement to give public reasons that are acceptable to all reasonable people.

This paper aims to clarify Plato’s notions of the natural and the neutral state in relation to hedonic properties. Contra two extreme trends among scholars—people either conflate one state with the other, or keep them apart as to establish an unsurmount- able gap between both states, I argue that neither view accurately reflects Plato’s position because the natural state is real and can coincide with the neutral state in part, whereas the latter, as an umbrella term, can also be realized (...) in a non-natural condition. The clarification of the relation between the two states will shed light on the degree to which Plato admits and constrains the hedonic value for a good human life; further, this will call attention to some (not well explored) parallel thoughts in the medical tradition to which Plato is indebted. (shrink)

Imagine that only the state can meet the need for housing but decides not to do so. Unsurprisingly, participants in a vignette experiment deem this scenario unjust. Hence, justice ratings increase when the living situation improves. To a lesser extent, this also holds beyond the need threshold, understood as the minimum amount necessary for a decent life. Surprisingly, however, the justice evaluation function is highly convex below this point. The resulting S-shaped curve is akin to the value function in prospect (...) theory, with the need threshold providing the point of reference and inflection. A control treatment without needs-information supports this interpretation. Needs-information furthermore compresses the perceived injustice of arbitrary inequality. As in prospect theory, such reference dependency suggests biases in judgment and decision making. A consequence may be that the lot of the poorest in society does not receive the attention it would otherwise get. (shrink)

Les questions les plus fondamentales de la phénoménologie du sentir de Max Scheler concernent la place de l’intentionnalité dans la phénoménologie du sentir et la structuration de la sphère émotionnelle. Dans la première section, nous nous focaliserons avant tout sur la différence entre les sentiments non intentionnels et le sentir intentionnel, en comparant sur ce point les positions de Scheler et de Husserl. En effet, Scheler critique ces deux thèses fondamentales de Husserl: 1) les actes affectifs et leurs corrélats (« (...) valeurs ») doivent être associés aux représentations et à leurs corrélats (« choses », Sachen ); 2) les actes affectifs, en tant qu’actes non objectivants, sont fondés dans les actes objectivants. D’une part, pour Scheler, la valeur est un objet unique en son genre du sentir des valeurs, et le sentir intentionnel est donc un acte indépendant. D’autre part, Scheler a d’abord entrepris de dépasser la séparation entre acte objectivant et acte non objectivant. Dans ce contexte, la recherche actuelle consacrée à Scheler se heurte à de nombreuses difficultés relatives à la structuration de la sphère émotionnelle en rapport avec la hiérarchie des modalités axiologiques et avec l’a priori corrélationnel. Dans la deuxième section, nous expliquerons d’abord les idées de Scheler, puis en discuterons les difficultés. C’est par le « commerce vivant » avec le monde dans le sentir intentionnel et dans les actes émotionnels intentionnels, par les corrélats intentionnels (valeurs matérielles), que Scheler se sépare du formalisme en éthique. A travers un « apriorisme matériel » qui présente trois espèce d’a priori (a priori axiologique, a priori émotionnel et a priori corrélationnel), l’éthique matérielle phénoménologique des valeurs de Sche­ler est guidée par l’esprit d’un « objectivisme et absolutisme éthique rigoureux ». (shrink)

If states are permitted to create and maintain a military force, by what means are they permitted to do so? This paper argues that a theory of just recruitment should incorporate a concern for moral risk. Since the military is a morally risky profession for its members, recruitment policies should be evaluated in terms of how they distribute moral risk within a community. We show how common military recruitment practices exacerbate and concentrate moral risk exposure, using the UK as a (...) case study. We argue that the British state wrongs its citizens by subjecting them to excessively morally risky recruitment practices. Since, we argue, this risk exposure cannot be justified by appealing to the benefits of a military career for recruits, our argument calls for reform of existing practices. Our method of evaluation is generalizable and thus can be used to assess other states’ practices. (shrink)

Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no necessary connection (...) between law and morality. Robert Alexy has argued, however, that the law, besides consisting conceptually of elements of authoritative issuance and social efficacy, necessarily lays a claim to substantial correctness, which is derived from analytical arguments. Furthermore, if this claim to substantial correctness necessarily requires the incorporation of moral elements into law, then the ‘necessary connection thesis’, as defended by non-positivism, can be justified. Some of the most significant objections to this sort of claim, stemming from the Anglo-American world, are those introduced by Joseph Raz. In his ‘Reply’ to Robert Alexy, Raz raises at least three interesting criticisms, including, first, the ambiguity of ‘legal theory in the positivistic tradition’, second, the indeterminate formulations of the ‘separation thesis’, and, third, the necessary claim of law to legitimate authority as a moral claim. As a point of departure, I will argue that Raz’s three criticisms are misleading. For they do not enhance our understanding of the genuine compatibility or incompatibility between legal positivism and non-positivism. Despite the frequently reformulated theses of legal positivism and the various kinds of opponents responding thereto, the essential divergence between legal positivism and non-positivism was and remains the answer to the question of the relation between law and morality. Furthermore, I will clarify that in the strictest sense there can be three and only three logically possible positions concerning the relation between law and morality: the connection between them is either necessary, or impossible (i. e. they are necessarily separate), or contingent (i. e. they are neither necessarily connected nor necessarily separate). The first position is non-positivistic, while the latter two positions are, indeed, both positivistic, but in different forms: one may be called ‘exclusive’ legal positivism, the other ‘inclusive’ legal positivism. I will continue by showing that these three positions stand to one another in the relation of contraries, not contradictories, and that, taken together, they exhaust the logically possible positions concerning the relation between law and morality, never mind the tradition or authority from which these positions are derived. Raz mentions, however, many changeable formulations of the separation thesis, which even leads him to acknowledge ‘necessary connections between law and morality’. One who is trying to understand legal positivism would no doubt be puzzled by this claim. Nevertheless, I will argue that this is an alternative strategy of legal positivism, and it points to naturalistically oriented view. Although this necessary separation between law and morality, understood naturalistically, strikes one as strengthening the separation, in the end it leads to a weakened notion of necessity. This weakened necessary separation thesis, however, cannot be justified through the so-called claim of the law to legitimate authority, defended by Raz, for it is difficult to answer the question of whether a normally justified but factual authority can gain legitimate authority. Finally, the necessary connection between law and morality in a strong sense can still be justified by the claim of law to correctness, as per Alexy’s argument. (shrink)

The concept of human dignity has been criticized as either too thick or too thin. However, according to the non-positivistic standpoint, the legal normativity of human dignity can be justified and thus strengthened by means of its moral correctness. From the individual perspective, Mencius’ understanding of human dignity as an intrinsic value and Kant’s formula of ‘man as an end in itself’ can be adequately understood based on the differentiation of, as well as the connection between, principium diiudicationis and principium (...) executionis, between will and choice, and between homo phaenomenon and homo noumenon (that is, ‘humanity in the personality’). From the social perspective, since the dual dimensions of the individual and the social person are both fictive constructions, even Radbruch, once as a supporter of social law, has not replaced the concept of ‘legal person’ and, in the post-War period, acknowledges individualistic human dignity as the criterion for applying the famous ‘disavowal formula’. On the one hand, human dignity shows at least a weak normative character, which requires, firstly, balancing between the exercise of state powers and the constitutional review under the guidance of the dual dimensions of man and, secondly, optimization of the principle of human dignity in individual cases. On the other hand, through the necessary connection between the concept of dignity and that of personality, human dignity can exhibit a strong normative character, which unavoidably requires a metaphysical justification. (shrink)

Die Disziplin, die als „Juristische Methodenlehre“ bezeichnet wird, ist gegenwärtig chinesischen Juristen nicht fremd, sie stammt aber ursprünglich aus dem deutschen Sprachraum. In der Literatur finden sich auch verwandte Ausdrücke wie „Juristische Methodologie“, „Juristische Methodik“ bzw.„Methodenlehre der Rechtswissenschaft“. Seit Anfang des 21. Jahrhunderts wurde ihre Rezeption in China durch zwei Übersetzungen gekennzeichnet, nämlich die „rechtswissenschaftliche Methodenlehre“ (faxue fangfalun) und die „rechtliche Methodenlehre“ (falü fangfalun). Neben der herkömmlichen Methodenlehre entwickelte sich auch eine jüngere Theorie der juristischen Argumentation, die die weltweite Aufmerksamkeit (...) sogar außerhalb Deutschlands auf sich lenken konnte und deren Bestand in China einen ganz selbständigen Abschnitt verdient. Als Hintergrund dafür soll von vornherein ein Blick auf die Entwicklungen der chinesischen Rechtstheorie und Rechtsphilosophie nach 1978 und demzufolge auf die Entstehung der Methodenfrage in der chinesischen Rechtswissenschaft geworfen werden. (shrink)

On the one hand, Scheler's critique of Kant's concept of a priori benefits from Husserl to a large extent, and it complements and deepens Husserl's. On the other hand, Scheler also critiques Husserl's definition of a priori. Husserl's material a priori as ideal object primarily thanks to his so-called "Bolzano- turn". In this connection, Scheler grabs hold of the relation of Husserl to Bolzano from the very beginning. For Scheler, Husserl thinks in a "platonic" way, and still falls in a (...) new type of "Platonism", or rather, logical Platonism, although he correctly refuses the ordinary Platonism. In Scheler's view, Husserl's phenomenological reduction is "not purely" executed, and therefore his phenomenological experience is problematic, or more precisely, the relation between categorial intuition and sensuous intuition is problematic. The final aim of Scheler's critique of Husserl's phenomenological understanding of "objective a priori" is to win the primary position of categorial intuition and its content , ethical insight and its correlate , and ultimately of phenomenological ethics of material value.Einerseits nimmt Schelers Kritik an Kant bezüglich des Begriffs des Apriori die Einsichten Husserls in großem Umfang auf. Schelers Kritik an Kant ergänzt und vertieft die Husserlsche Kant-Kritik. Andererseits kritisiert er aber auch Husserls Bestimmung des Apriori. Vor allem verdankt sich das materiale Apriori als idealer Gegenstand bei Husserl der sogenannten “Bolzano’schen Wendung”. Von Anfang an kritisiert Scheler Husserl in diesem Punkt, indem er dem Verhältnis zwischen Bolzano und Husserl immer präziser nachging. Für Scheler unterliegt Husserl mit Recht keinem platten Platonismus. Aber dennoch verfahre Husserl immerhin “platonistisch”, er unterliege einem “Neoplatonismus”, bzw. einem logischen Platonismus. Weil die phänomenologische Reduktion bei Husserl nach Schelers Meinung “nicht reinlich” durchgeführt wird, ist die phänomenologische Erfahrung bei Husserl problematisch, genauer gesagt ist das Verhältnis zwischen der kategorialen Anschauung und der sinnlichen Anschauung problematisch. Der Endzweck von Schelers Kritik an der phänomenologischen Auffassung des gegenständlichen Apriori bei Husserl besteht darin, die primäre Stelle der kategorialen Anschauung und ihrer Gehalte , sowie der sittlichen Einsicht und ihrer Korrelate und zuletzt der phänomenologisch materialen Wertethik zu gewinnen.S jedne strane, Schelerova kritika Kantova pojma a priori u velikoj mjeri duguje Husserlu, te dopunjuje i produbljuje Husserlovu. S druge strane, Scheler kritizira i Husserlovu definiciju apriorija. Husserlov materijalni a priori kao idealni predmet prvenstveno proizlazi iz njegova takozvanog bolzanovskog obrata. Prema Scheleru, Husserl razmišlja na "platonski" način te upada u novi tip "platonizma" ili, točnije, logičkog platonizma, iako s pravom odbacuje obični platonizam. Scheler smatra da Husserlova fenomenološka redukcija nije izvedena "čisto" te da je stoga njegovo fenomenološko iskustvo proble- matično ili, točnije, problematičan je odnos između kategorijalnog zora i osjetilnog zora. Krajnji cilj Schelerove kritike Husserlova fenomenološkog shvaćanja "objektivnog a priori" jest zadobivanje primarne pozicije kategorijalnog zora i njegova sadržaja , etičkog uvida i njegova korelata te, na koncu, fenomenološke etike materijalne vrijednosti. (shrink)

This article argues for the explanatory autonomy of psychology drawing on cases from the multilevel modeling practice. This is done by considering a multilevel linear model in personality and social psychology, and discussing its philosophical implications for the reductionism debate in philosophy of psychology. I argue that this practice challenges the reductionist position in philosophy of psychology, and supports the explanatory autonomy of psychology.

Discussions of immortality in the Middles Ages tend to focus on the nature of the rational soul and its prospects for surviving the death of the body. The question of how medieval figures expected to experience everlasting life—what I will be calling the phenomenology of immortality—receives far less attention. In this paper, I explore the range of these expectations during a relatively narrow but intensely rich temporal and geographical slice of the Middle Ages (the thirteenth and fourteenth centuries in the (...) ‘Latin Christian West’). In section 1, I sketch the two central accounts of the rational soul and human nature (inspired by the Platonist and Aristotelian traditions) that set the metaphysical parameters for medieval discussions of our experience of the afterlife. In section 2, I address accounts that involve transcending the soul’s experiences of itself as an individual. In section 3, I turn to views that emphasize the embodied aspect of human existence and depict our unending union with God in affective and physical terms. In section 4, I argue that the views discussed in 2 and 3 form endpoints of an ‘experiential continuum of immortality’ that provides important context for scholastic accounts of immortality as well as expanding the traditional narrative of medieval philosophy. (shrink)

Invasion biologists often suggest that phenotypic plasticity plays an important role in successful plant invasions. Assuming that plasticity enhances ecological niche breadth and therefore confers a fitness advantage, recent studies have posed two main hypotheses: (1) invasive species are more plastic than non-invasive or native ones; (2) populations in the introduced range of an invasive species have evolved greater plasticity than populations in the native range. These two hypotheses largely reflect the disparate interests of ecologists and evolutionary biologists. Because these (...) sciences are typically interested in different temporal and spatial scales, we describe what is required to assess phenotypic plasticity at different levels. We explore the inevitable tradeoffs of experiments conducted at the genotype vs. species level, outline components of experimental design required to identify plasticity at different levels, and review some examples from the recent literature. Moreover, we suggest that a successful invader may benefit from plasticity as either (1) a Jack-of-all-trades, better able to maintain fitness in unfavourable environments; (2) a Master-of-some, better able to increase fitness in favourable environments; or (3) a Jack-and-master that combines some level of both abilities. This new framework can be applied when testing both ecological or evolutionary oriented hypotheses, and therefore promises to bridge the gap between the two perspectives. (shrink)

El concepto de dignidad humana ha sido considerado o demasiado denso o demasiado delgado. Sin embargo, desde el punto de vista del no-positivismo, la normatividad jurídica de la dignidad humana puede ser justificada y reforzada por medio de su corrección moral. Desde una perspectiva individual, la comprensión de Mencio sobre la dignidad humana como un valor intrínseco y el imperativo categórico de Kant (el ser humano como un fin en sí mismo) podrían ser adecuadamente comprendidos con base en la diferencia (...) (así como la conexión) entre el principium diiudicationis y el principium executionis, entre voluntad y “elección”; así como entre homo phaenomenon y homo noumenon (es decir, humanidad en la persona de los seres humanos). Desde una perspectiva social, las dimensiones del individuo y la persona social son construcciones ficticias; inclusive Radbruch -alguna vez defensor del derecho social- no remplazó el concepto de “persona jurídica” y, en el periodo de posguerra, reconoció la dignidad humana individual como el criterio para aplicar su famosa “fórmula de Radbruch". Por una parte, la dignidad humana muestra cuando menos un carácter normativo débil, el cual requiere, primero, ponderar entre el ejercicio de los poderes estatales y el control de constitucionalidad bajo la guía de la dimensión dual del ser humano y, segundo, la optimización del principio de la dignidad humana en casos particulares. Por otra, a través de la conexión necesaria entre el concepto de dignidad y personalidad, la dignidad humana puede exhibir un carácter normativo fuerte, el cual requiere inevitablemente una justificación metafísica. (shrink)

Feminist philosophers do not take well to criticism, and while many scholars are appalled at the idea of an academic field adhering to a controversial political philosophy and pursuing a controversial agenda within the academy, very few have been willing to take on the daunting and unrewarding job of examining and criticizing the feminists’ arguments and assumptions. In consequence, a feminist philosophy that is inspiring the successful effort to transform the American academy goes on virtually unchallenged. In this paper I (...) will briefly be discussing some serious moral and pedagogic weaknesses of feminist philosophy. My intentions are to initiate discussion on some important and controversial topics. The hope is that others will enter the fray and that a more open and less diffident debate will ensue. (shrink)

The ecofeminist argument for veganism is powerful. Meat consumption is a deeply gendered act that is closely tied to the systematic objectification of women and nonhuman animals. I worry, however, that presenting veganism as "the" moral ideal might reinforce rather than alleviate the disordered status quo in gendered eating, further disadvantaging women in patriarchal power structures. In this chapter, I advocate a feminist account of ethical eating that treats dietary choices as moral choices insofar as they constitute an integral part (...) of our relationships to ourselves and to others. I believe that we should think of dietary choices in Aristotelian moral terms as a mean relative to us, falling on a continuum between the vice of doing injustice to ourselves, on the one hand, and the vice of doing injustice to others, on the other. On this view, what it is moral to eat for individuals is not a fixed ideal, but rather depends on particulars of our physiological, psychological, economic, cultural, and relational situations. (shrink)

Like Aristotle, Thomas Aquinas holds that the rational soul is the substantial form of the human body. In so doing, he takes himself to be rejecting a Platonic version of substance dualism; his criticisms, however, apply equally to a traditional understanding of Cartesian dualism. Aquinas’s own peculiar brand of dualism is receiving increased attention from contemporary philosophers—especially those attracted to positions that fall between Cartesian substance dualism and reductive materialism. What Aquinas’s own view amounts to, however, is subject to debate. (...) Philosophers (such as J. P. Moreland and Scott Rae) have claimed that ‘Thomistic substance dualism’ (TSD) centers around two beliefs: (1) the rational soul is an immaterial substance, and (2) this immaterial substance is the human person. In this paper, I argue that labeling such an account ‘Thomistic’ proves dangerously misleading—not only does Aquinas himself explicitly deny both of these claims, but he denies them for philosophically significant reasons. Furthermore, I argue that Aquinas’s own position provides an account of human nature both more coherent and philosophically attractive. (shrink)

Self-knowledge is a persistent—and paradoxical—theme in medieval mysticism, which portrays our ultimate goal as union with the divine. Union with God is often taken to involve a cognitive and/or volitional merging that requires the loss of a sense of self as distinct from the divine. Yet affective mysticism—which emphasizes the passion of the incarnate Christ and portrays physical and emotional mystical experiences as inherently valuable—was in fact the dominant tradition in the later Middle Ages. An examination of both the affective (...) and apophatic traditions demonstrates that, in addition to constituting a necessary stage on the path toward union with the divine, self-knowledge in medieval mysticism was seen not just as something to be transcended, but (particularly in the works of female mystics) as a means of overcoming alienation from embodied existence. (shrink)