A wide variety of sources, including the Huntington literature and popular mass media, show that Huntington’s “clash of civilizations” idea actually has very little value in understanding the current global political context. The central assumption of Huntington’s view, that cultural kinship ties influence loyalties and agreements on a global scale, has little to do with the daily lives of American citizens and little to do with the decisions made by the current presidential administration. The mass media evidence from (...) the United States shows that the most important “kinship” ties are not religious or cultural, but economic. The argument involves a deeper analysis of the current trend towards religious programs on American television, a timeline of events relating to the Halliburton – Cheney relationship, and views expressed by members of the United States military in Stars and Stripes. (shrink)

In the article 'The Clash of Civilizations?' by the American political scientist Samuel Huntington, Huntington poses the question of what factor will determine future conflicts on a global scale, now that the fall of the Berlin Wall and the end of the Cold War have brought the era of ideological struggles to a close. He immediately provides a clear but controversial answer: it will be the conflicts between different cultures that will play the leading role in the further (...) history of humanity. This thesis has faced much criticism, including from Amartya Sen. In this essay, Sen's critique of Huntington will be explored and evaluated. First, we will examine Huntington's assumptions about identity and the role that the concepts of 'culture' and 'civilization' play within them. Then, we will see that this is a far more complex matter than Huntington suggests. To do so, we will shift the focus from the global level (on which Huntington's hypothesis is situated) to the individual level, to what constitutes the concrete identity of individuals. Here, we will employ the concept of intersectionality, which is well-known in gender studies. We will then return to the global level to demonstrate that Huntington's position is untenable, precisely because it relies on a concept of identity that does not align with the actual way it is experienced by concrete individuals. A more dynamic and nuanced understanding of 'identity' is necessary in order to do justice to reality. In this way, it will finally become clear that Sen's criticism of Huntington is justified when he argues that humanity cannot be categorized based on a single criterion. (shrink)

This paper is a part-review analysis into the modern conception of both the word and Jihād and the violent nature of Islam. In order to develop an overarching modern theory of Jihād, current opinions and general argumtations in the literature are examined. Two theories have emerged in defining Islam and the role of Jihād in Islam. The first is that of the so-called Muslim apologists; scholars who define Jihād as mainly a personal struggle, and whose physical application (warfare) is only (...) in self-defence of the Islamic community. The second sponsors the concept of ‘offensive’ Jihād: that Islam is imperialistic and has a vision of global domination. The stark contrast in the divisions that the scholarship have are indicative of two opposing parties, likely each basing their respective policy positions on beliefs on the nature of Islam as a violent of peaceful ‘religion’. (shrink)

Mourad Wahba’s Fundamentalism and Secularization was first published in Arabic in Egypt in 1995. By the 1990s, Islamist thought had become hegemonic in Egypt, and it is this cultural context that informs Wahba’s concern with philosophy of culture as applied to the question of fundamentalism and its antagonistic relationship to secularization. As Robert Beshara notes in his interview with Wahba, which serves as a foreword to this new translation, the book was ahead of its time insofar as it was published (...) before the spate of publications on fundamentalism in the aftermath of the events of September 11th 2001, and it clearly predicted the coming clash of fundamentalisms which would go on to shape the first decade of the third millennium, namely, the clash between right-wing Christian fundamentalism in the U.S. on the one hand, and expressions of Islamic fundamentalism on the other. Wahba also rejects the framing of the conflict as a conflict of civilizations. For Wahba, there is in fact strictly speaking only one human civilization and many cultures (x). Wahba defines civilization as ‘a tiered singularity, the course of which goes from mythical thinking to rational thinking’ (32). It seems here that Wahba, in attempting to undermine the thesis of the clash of civilizations, ends up reintroducing an evolutionist account of a singular human civilization, akin to those endorsed by Victorian British anthropologists of the nineteenth century. -/- The first chapter deals with fundamentalism both historically and conceptually. On the conceptual level, Wahba argues that we can understand fundamentalism as essentially driven by the human propensity for unity, which for Wahba is essentially a yearning for the Absolute (7). According to Wahba, this is how humans attempt to overcome their alienation from the world. However, the problem is that absolutes seem to multiply as a function of time, and we do not have context-independent criteria which would allow us to decide between competing claims for opposing absolutes. For Wahba, the solution is to simply give up on the search for absolutes and to endorse a kind of relativism. However, it is important to recognize that for Wahba relativism does not imply that ‘anything goes.’ Wahba thinks of relativism in negative terms, i.e. simply as the rejection of the thesis that knowledge claims can ever be of an absolute, context-independent nature. What is especially interesting is that Wahba presents himself as a proponent of the Enlightenment qua universal project. However, unlike many participants in the contemporary ‘culture wars’ of the U.S., he seems to think that commitment to the Enlightenment project with its attendant secularization entails a commitment to the rejection of absolutism in epistemology. The commitment to relativism as defined above is presented by him as a requirement of enlightened rationality and not as a product of its rejection. (shrink)

The main thesis of this article is that Western societies risk becoming Balkanized if they confront the superdiversity issue without sound management of intolerance. The Balkanization process has some essential features that allow the use of this term outside the area of origin (namely the Balkan Peninsula). Thus: It always affects a diverse political unit that comprises an inextricable medley of racial, ethnocultural, religious, ideological, or gender identities. It emerges only where neither the hegemony principle nor the confederacy principle (...) can sustain a divided population’s peaceful coexistence. It entails “antagonistic and conflict-oriented relationships resistant to resolution” between the groups or classes dissociated from a diverse political unit. It increases the density of physical and psychological boundaries between the formerly associated parts. It is perpetuated by the great sponsors of the dissociated parts. Any diverse political unit can enter a process of Balkanization, regardless of its degree of culture and civilization. Balkanization does not have a fatal course. Just as there is no society immune to Balkanization, there is no diverse society doomed to Balkanization. Balkanization can be prevented, checked, stopped, or reversed, depending on society members’ individual and collective actions. To survive, the superdiverse liberal democracies from the Euro-Atlantic area need an agonistic public sphere, where actionable truths emerge from a genuine clash of educated opinions. If intolerance management is the first step in preventing the Balkanization of a superdiverse political unit, promoting social and political tolerance towards all people who express educated opinions is the best starting point to genuine tolerance. The return to Enlightenment rationalism values that underpinned our freedom of thought and expression will help us meet the challenges inherent in current and future superdiversity. By feeding enlightened conversations and debates with genuine, educated opinions, people learn to have tolerance for “unpleasant” pieces of knowledge. Then, they spread general tolerance – as a by-product – across the entire society. (shrink)

The main thesis of this paper is that justice is not a natural law that (re)establishes equilibrium and order in the universe, but a disposition enforced by a fighting will to render to every man his due in line with a regime of rights, powers, or immunities to use, enjoy and control some external goods. Inasmuch as there is no sense, feeling or instinct of justice, it is reasonable to assert that people regulate their conduct under the authority of (...) a legislative authority according to certain ideas of justice, which they adopt and promote through a steady effort of knowledge and will. Critical analysis of the main types of justice − associative justice, punitive justice, corrective justice, restorative justice, functional justice, normative justice, commutative justice and distributive justice − from a liberal democratic perspective highlights the formal requirements of justice in different social arrangements and in relation to various aspects of personal and social life. Because it lacks a natural foundation of justice and people have strong interests in enforcing a certain idea of justice, public debates about justice entail a clash of militant wills. Debaters engage in a struggle for political hegemony trying to exclude from the public sphere the rival ideas about justice. In other words, all substantive debates about justice are carried out in an agonistic public sphere. The more civilized and reasonable the agonistic debates about justice are, the more likely the idea of justice is to fit the vital interests of individuals and society. (shrink)

Contemporary globalization is largely shaped by the predominant position and strength of the United States, and the concept of globalization is cast upon the polity and social aspects of P.R. China after Reform and Opening. Globalization, though substantially varied in a modern scene, is not without historical and cultural roots. The future holds anew, whereas newly arisen pieces of knowledge and information shed new light on the past, the blood and violence of the political progress on the Chinese soil. This (...) paper digs into the interactive aspect of the Chinese civilization with Western Civilization, and an empirical understanding on the evolvement of the country / nation to the recent shaping, with implication of which might change the dynamic of the Asian area after the global power politics whereof after World War II. (shrink)

Contemporary globalization is largely shaped by the predominant position and strength of the United States, and the concept of globalization is cast upon the polity and social aspects of P.R. China after Reform and Opening. Globalization, though substantially varied in a modern scene, is not without historical and cultural roots. The future holds anew, whereas newly arisen pieces of knowledge and information shed new light on the past, the blood and violence of the political progress on the Chinese soil. This (...) paper digs into the interactive aspect of the Chinese civilization with Western Civilization, and an empirical understanding on the evolvement of the country / nation to the recent shaping, with implication of which might change the dynamic of the Asian area after the global power politics whereof after World War II. (shrink)

The article aims to show that by its very nature Western civilization is well suited for making a significant contribution to build the open society based on intercivilizational dialogue. In the age of global migration, there is an obvious need for developing tools which would effectively transform the threat of a clash of civilizations into a creative dialogue between them. As a civilization of the dialogue, Western civilization seems to be an ideal instrument to meet that need. The (...) article raises the following questions: Is there any connection between the idea of the open society and the heritage of Western civilization? Is liberal education an adequate means to resolve the paradoxes of the open society? Why is the West an arena for the clash of civilizations? (shrink)

This article investigates how Max Weber’s theory of value conflict is connected to his realist understanding of politics and how he conceives the relation of politics and ethics. This investigation also covers Weber’s views on the argumentative limits of the social sciences and ethics. The center of Weber’s philosophy of science is constituted by his methodological thoughts on “ethical neutrality” (Wertfreiheit) of the social sciences. The first thesis of this paper contends that Weber’s theory of a clash of (...) irreconcilable values and ideals goes back to Nietzsche. According to the second thesis of the article, the general claim of Weber’s philosophy of science is that there is no possibility of an ultimate rational, philosophical, or scientific grounding of values and normative theories. Weber’s endorsement of an ethics of responsibility in the field of politics led to the criticism that he contradicts his postulate of the “ethical neutrality” (Wertfreiheit) of the scientist. The third thesis of the paper claims that Weber’s arguments for a political ethics of responsibility are compatible with his methodological postulate. (shrink)

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this paper, (...) I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)

The debate on culture clash necessitates a theoretical framework, and three perspectives that merit attention are homogenization, polarization, and hybridization theories. These intersecting paths lead to the hypothesis that all civilizations could assimilate into the Western model as it is currently conceived. Culture clash is approached from multiple angles due to the widely held belief that rejecting culturally novel concepts is unethical. However, imposing new rules and customs will inevitably encounter innate resistance, as evidenced by numerous examples. (...) The exchange of behavioral models does exist, with one of globalization's main tenets being the universality of values – including the uprooting of what we refer to as primitive manners. Nevertheless, anthropology and cultural research have witnessed intergenerational and long-term survival of elements that contemporary civilization believed it had overcome or at least suppressed deep within the subconscious mind. This article will offer an essayistic approach to certain forms of culture clash. -/- . (shrink)

In this first installment of a three-part series, I focus on the critique of civility. In so doing, I do not defend incivility. In fact, part of my critique of civility extends equally to incivility. My position is that we must move our normative discourse beyond both the thesis of civility and the antithesis of incivility to a synthesis that reframes the discussion in terms of nonviolence.

Besides dialogue with the Jews, Christians were most involved in the dialogue with Muslims. This dialogue was accentuated and became visible especially in modern and contemporary times, with the increase in violence, which had often religious justifications on the part of those involved. The dialogue between Christians and Muslims took a new direction after the attacks of September 11, 2001, in New York and after those that followed in Europe and all over the world. It was discussed in those days (...) and immediately after about the validation of the well know theory of clashes of civilizations, formulated by Samuel Huntington, in his book written in 1996. Starting from these events, within the dialogue between representatives of Christianity and of Islam, there were many other intensive moments that had to be resolved through a profound theological analysis and with understanding and respect from the followers of the two monotheistic religions. (shrink)

Evidentialism as its leading proponents describe it has two distinct senses, these being evidentialism as a conceptual analysis of epistemic justification, and as a prescriptive ethics of belief—an account of what one ‘ought to believe’ under different epistemic circumstances. These two senses of evidentialism are related, but in the work of leading evidentialist philosophers, in ways that I think are deeply problematic. Although focusing on Richard Feldman’s ethics of belief, this chapter is critical of evidentialism in both senses. However, I (...) share with authors like Feldman and Earl Conee, that epistemology has important prescriptive functions, and that a sound, civic ethics of belief is of more than merely philosophic importance. One reason why an ethics of belief might be important to problems of practice is the need we have for tools to more effectively mediate the renewed round of ‘culture wars’ we are experiencing in Anglo-American cultures. I mean especially that grand cultural clash between science and religion, reason and faith, secularist atheism and religious fundamentalism, etc. Let us start with the genealogical question of why there is such a grand cultural debate in the first place, and why the debate especially as played out in public and popular forums and even in the courtrooms seems so volatile and so often to confusedly drag everything—beliefs, values, passions, etc., with it. These are questions that I think Sigmund Freud’s classic Civilization and its Discontents can help us understand. Freud was a major voice in criticism of the stern and often hypocritical Victorian morality, a voice pointing out the price of its sometimes high-handed, guiltinducing curtailments of the satisfactions sought by the individual. But for Freud while there are real differences in the moral demands that different societies or traditions place upon people, there is something inevitable about the conflict itself, for “replacement of the power of the individual by the power of a community constitutes the decisive step of civilization... (shrink)

The central aim of this thesis is to confront the world-view of positivistic materialism with its nihilistic implications and to develop an alternative world-view based on process philosophy, showing how in terms of this, science and ethics can be reconciled. The thesis begins with an account of the rise of positivism and materialism, or ‘scientism’, to its dominant position in the culture of Western civilization and shows what effect this has had on the image of man and consequently (...) on ethical views. After having shown the basic weaknesses of this world-view, the positivist account of science is criticised and an alternative epistemology is developed in which the aim of disciplined inquiry is seen to be understanding. It is argued on the basis of this epistemology that science and metaphysics are indissociable, and that the materialist conception of being is open to challenge from a different ontology. Having reviewed the various conceptions of being which have been developed in the past, a version of process philosophy is outlined and it is argued that this promises to be far more effective than materialism as a foundation for the natural sciences. In particular it is shown how in terms of process philosophy it is possible to conceive of living, sentient organisms as having emerged from inanimate being. This provides the basis for the development of a conception of humanity as an emergent form of life. The human order is then seen as a process of becoming within nature with its own unique dynamics, irreducible to any other processes, involving both intentional and unintentional processes. It is shown how on the basis of this conception of humanity it is possible to develop an ethical theory and a critical social science, and in this way, to transcend the disjunction between science and ethics. -/- . (shrink)

Nowadays, in the context of the growing migration of the Muslim population in Europe, caused by the wars in Syria and other areas, the question is increasingly being asked whether there is a danger of „Islamization of Europe” following the „clash of civilizations”. The last formula is not new. It created a real dispute in the past. But the discussions must also take into account other questions that are currently being asked: is there still a Christian Europe? Is (...) it possible to speak of an intrinsic conflict between Christianity and Islam, which erupts at certain periods of time? In this study we will focus on the topic of „clash of civilizations”, the impact that this formula had in the world at the end of the twentieth century and the connotations it has for our times. The topic of research starts from the realities that no one can dispute, globally emphasizing the problems that affect people: conflicts in various territories, difficult economic situations in certain regions of the world, reaching financial crises and important social changes, in which the majority populations have to live with minorities that, most of the time, they do not know and do not accept. (shrink)

In this paper, I defend the thesis that knowledge is the norm of assertion. I first examine three prominent “counterexamples”: false assertion, selfless assertion, and assertion based on mere justified true belief. I argue that they all fail to square well with our ordinary intuitions. However, the contemporary debate over the norm of assertion depends heavily on the method of counterexamples, whose crux is to prompt our intuitions regarding the appropriateness (or inappropriateness) of a certain kind of assertions. This (...) method has its limits as sometimes the debate simply boils down to a clash of intuitions. I think we can do better. In the second part of the paper, I construct a positive argument for the knowledge norm, showing that the knowledge norm can be derived from the general account of the conversational role of assertion. I argue that in order for assertion to play the role it plays in conversation, the knowledge norm must hold. (shrink)

Lilly was one of the greatest scientists and pioneers on the limits of human possibility but after his death a collective amnesia has descended and he is now almost forgotten. His Wiki is good but inevitably incomplete so here are a few missing details and viewpoints. Lilly was a generation (or more) ahead of his time. He is almost single-handedly responsible for the great interest in dolphins (which led to the Marine Mammal Protection Act in the USA and helped to (...) found the animal rights movement). In 1958 he noted that the brains of elephants and cetaceans were larger than ours, that we should not abuse them and that it was one our most important projects to communicate with them. He invented sensory isolation tanks (at NIMH in 1954) and used them extensively with and without powerful psychoactive drugs at a time when it was thought that either the brain would shut down or one would go insane if external stimuli were eliminated. He created methods for implanting electrodes in mammal brains and was planning to do it to himself. He was one of the first to make serious use of computers in bioscience research and created the hardware and software to make the first attempts to communicate with dolphins. He self experimented with dangerous physiological investigations in high altitude medicine for the military during WW2, took LSD with dolphins and movie stars, submitted himself to the rigors of various forms of yoga and of Arica training, and taught classes at Esalen. He was a computer pioneer who forsaw the rapid advances in A.I. and it's inevitable clash with humans. He was the first one to investigate the bizarre psychedelic ketamine (" vitamin K "), and his results (published in the two last chapters of his book `The Scientist`) are still the best data on the dose/effect relation of any psychedelic on one person. It cured his lifelong daily migraine headaches (see http://www.conspiracyarchive.com/UFOs/Gorightly.htm). And all this happened before most of us were born! He had courage, honesty and integrity that is rare anywhere and almost nonexistent in science. His goal was to find the ultimate truth about everything and he went about as far as anyone ever has. He had little patience with the stupid and hypocritical games one has to play to fit into monkey society. Of course the reaction of the establishment was predictable. He left the NIMH and was never given any government or academic support for the last 35 years of his life. His paper and comments at a conference on sensory deprivation were removed from the published version. He was not invited to government sponsored symposia on dolphins (he had refused to help develop them as weapons), though he clearly knew more about them than anyone in the world. He liked to live and work on the edge and few could keep up with him, as his books make clear. If you have read some of his other books it will be much easier going. He was a pioneer in consciousness research and pushed the boundaries of our understanding of who we are and what we might become. Among other things he catalogs the various states reached by drugs, meditation, and isolation, tries to determine their significance, and suggests how to use them. I very briefly review and comment on his life and work. -/- Those interested in all my writings in their most recent versions may download from this site my e-book ‘Philosophy, Human Nature and the Collapse of Civilization Michael Starks (2016)- Articles and Reviews 2006-2016’ by Michael Starks First Ed. 662p (2016). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX -/- . (shrink)

The issue of the relation of the sacred to the secular has become paramount in virtually every country in the world. From church-state relations in the US, with the debates around abortion and same-sex marriage, to the vitriolic discussions in France over the veil (hijab) sacred-secular, faith-reason, transcendence-imminence -- impacts every aspect of personal, social, and political life. Indeed, the questions often asked are whether Huntington s, Clash of Civilizations is today s reality? Is clash and conflict (...) inevitable? This volume collects papers from scholars from all around the globe and digs into that question. Do the sacred and the secular necessarily end in conflict? Building on scholars such as Charles Taylor, Hans-Georg Gadamer, Jurgen Habermaus, and John Rawls, as well as the world s great religious traditions, the authors assembled here respond with a nuanced, but resounding, NO. A deeper read demands the possibility, indeed, necessity, of complementarity. It has become ever more urgent to discover the proper and complementary relation between the two so that both can be promoted through mutual collaboration. The deeper implications of the discussion can be perceived in many current global problems: cultural identity, multiculturalism, pluralism, nationalism, economic inequality, race, terrorism, migration, public education, and climate change. The volume unfolds in seven sections: Foundations; Sacred and Secular; Complement or Conflict; Hermeneutics; African traditions; South Asian Traditions; Chinese Traditions; and Islamic Traditions. It is fascinating to observe how the various authors grapple with unfolding the relation of sacred/secular, faith/reason, church-mosque/state, transcendence/imminence. The section on Islam illustrates this. These chapters deal with the thorny, usually misunderstood debate between the scholars and those, westerners refer to as fundamentalists or radicals. In the latter, there is no space left to reason, interpretation, or historical criticism. This ugly divide usually emerges in the hot-button issues like the treatment of women and religion-related terrorism. However, these oversimplifications betray the intellectual roots of Islamic tradition. Here the argument is advanced that there are common and multiple meanings of rationality in the Islamic primary sources and that doctrine, the Qur an, and the Sunnah, open considerable space for the rational and the secular in Islamic teachings. Unknown to most in the West, the grappling within Islam goes on. Moreover, the grappling seems to be heating up in all traditions. We are all called to the discussion. Our globe needs it! (shrink)

ANNOTATION Sardak S.E. Global Regulatory System of Human Resources Development. – Manuscript. Thesis for the Doctor of Economic Science academic degree with major in 08.00.02 – World Economy and international economic relations. – SHEE «Kyiv National Economic University named after Vadym Hetman», Kyiv, 2014. The preconditions and factors of the global economic system with the identified relevant subjects areas and mechanisms of regulation instruments have been investigated. The crucial role of humans in the global economic system as a key (...) factor of production, the main resource, the producer and the consumer of economic and social benefits that are exposed to global threats, problems, challenges, trends and subjects has been confirmed. There have been revealed the causes and consequences of the public institutions transformation under the influence of globalization, which formed a qualitatively new conditions for social and economic development that determine the need for further changes in the areas of conceptual guideline for the management of human resources development, optimization of tasks, state and international institutions activity forms, integration of efforts as for monitoring, planning and forecasting. The modern major instruments and spheres of international cooperation to ensure human development have been determined. The integrated characteristic of human resources and their role in social development both from the standpoint of their use in labour processes and as a medium of civilization and social utility with the help of the categorical classification system organizing and expanding which enables to design and apply the appropriate approaches at all managerial levels have been defined. The necessity and the concept of human resources development in the context of the content of managerial influence identifying (self-development, self-management and external control of development) at different administrative levels that ensures the growth of human capital to the limits of its potential have been analysed. The survey of human activity system aspects in the global world, taking into account the parametrization of the global environment, its structure, management and development have been realized. The formed methodology principles of managerial influence on the development of human resources with scientific schools, hardness degrees, available models, research and providing theoretical and practical implementation peculiarities for groups of countries and territories of the world taken into consideration have been examined. There have been noted civilization and national differences in the forms of managerial influence on the development of human resources, which lead to the formation of human resources development national control systems conditioned by different value public strategic guidelines, especially in relation to social security, education, national management and state migration policy. The current and future requirements for global human resources development which are proposed to be achieved by the development and formalization of global civilizational paradigm of social development due to social coordination interaction have been given. The influence of the institute of state on the human resources development has been evaluated and it has been proved that in the beginning of the XXI century in the global environment the institute of state is the ultimate guarantor of its citizens’ labour ability and vital activity renewal, that makes it the main instrument of managerial influence on human development. The methodology of countries and territories matrix positioning by human development qualitative criteria and population size quantitative parameters which allows to design unified managerial measures as for human resources for similar national economies in the context of global regulatory trends has been proposed. The strategic trends of improvement of human resources development in the national economy, taking into account the differences in the development of human resources in different countries and areas which vary and differ in their focus, content and ways of implementation for such groups. The varying criteria for evaluating the effectiveness of the global impact on human resources development, taking into account the natural, biological, technological, economic, social and management dimensions and the results of human resources development management in social and economic systems at various levels have been revealed. The periodization and the forecast of the global dynamics of human resources development by analyzing and modeling the values of the absolute and relative terms correlation character have been carried out, which enables to make their retrospective and prospective comparison and to find chronological boundaries of qualitatively different periods. The configuration of the human resource development global coordinate system as a set of interrelated principles, components, fields, tools, frameworks, management levels and forms of managerial influence that allows with the help of institutional means to adapt the state of human resources development to a globally varying environment. (shrink)

Probably the leading exponent of Wittgenstein’s ideas on the language games of inner and outer (the ‘Two Selves’ operation of our personality or intentionality or EP etc.) the prolific Daniel Hutto’s (DH) approach is called ‘Radical Enactivism’ and is well explained in numerous recent books and papers. It is a development of or version of the Embodied Mind ideas now current and, cleansed of its jargon, it is a straightforward extension of W’s 2nd and 3rd period writings (though Hutto seems (...) only intermittently aware of this). -/- The basic idea of the Embodied Mind or Enactivism is that much of behavior is automated and does not involve representations (basically S2 dispositions-see Hutto’s lovely dissection of the ‘representation rats nest’ in his online papers ). To me this is just another way of stating the fact that System 1 precedes the operation of System 2 which is a standard feature of contemporary psychology, which I have explained above and in further detail in my reviews of Wittgenstein (who was the first to see this and explored it in great detail) and Searle (who called it The Phenomenological Illusion in his superb essay of this name in his book Philosophy in a New Century which I have also reviewed). Since these are basic incontrovertible facts of animal behavior and I have already discussed them I won’t dwell on it here. -/- This book is a sustained argument against other similar ways of describing behavior which he calls CEC and CIC in favor of REC (Radical Embodied Cognition), which he characterizes as “the strongest reading of the embodiment thesis—one that uncompromisingly maintains that basic cognition is literally constituted by, and to be understood in terms of concrete patterns of environmental situated organismic activity, nothing more or less” (p11). This is clear as a bell if you understand the two systems view explained above but likely opaque if you don’t. Much clearer is Fodor’s characterization which he quotes as “abilities are prior to theories”, that “competence is prior to content” and that “knowing how is the paradigm cognitive state and it is prior to knowing that” (p10). That is, the unconscious automatisms of S1 are evolutionarily and behaviorally prior to the slow conscious dispositions of S2. -/- This is classic Hutto high level philosophical dialog, which is quite elegant, but somewhat too dense and a tad pretentious for the rest of us. I have not before encountered his coauthor Myin so can’t say how much of this text is really due to him. It is clear from this and the rest of Hutto’s work that (like everyone else) he has not quite kept up with the latest work in psychology nor really grasped the full power of W or S, even though he is one of the top Wittgensteinians alive and as bright as anyone in the field. His discussions of the language games of “information” and “representation” in his other papers and books (and much else including his deconstructions of Dennett and Fodor) should be required reading for anyone interested in behavior. So, I have the greatest respect for him, but one hopes that he will mellow with time and write descriptions of behavior (i.e., all we can really do as philosophers according to W) in more mundane prose such as this lovely summation on p15. “Hence, REC is nothing less than a fundamental rethinking of the very foundations of standard approaches to cognitive science and philosophy of mind.” Yes and what a pity that this great Wittgensteinian (and everyone else) does not realize that W laid it all out with great (and unmatched) clarity in his third period works over 60 years ago. -/- I have much less sympathy for the extended and scaffolded minds of Chap 7. I don’t see how one can lay the burden of explaining how the mind works at Searle’s door, nor how the convoluted prose about “decoupled contentful activities” etc., helps at all. Why not just say that automated unconscious prelinguistic S1 feeds deliberate, conscious linguistic S2, which is axiomatically extended by public language into the myriad wonders of culture? Beginning and end of story. -/- Their last chapter is about “regaining consciousness,” but I would say that if one has understood Wittgenstein and Searle, one has never lost it. And, though this is an excellent book by two of the brightest and the best, I suggest mulling over my thoughts in this and other reviews and reading Johnston and the latest from Searle, along of course with as much of 3rd period W as feasible, is an even better filter for folly. In sum an excellent book with various faults which I try to correct. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my article The Logical Structure of Philosophy, Psychology, Mind and Language as Revealed in Wittgenstein and Searle 59p(2016). For all my articles on Wittgenstein and Searle see my e-book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Wittgenstein and Searle 367p (2016). Those interested in all my writings in their most recent versions may consult my e-book Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2016 662p (2016). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX . (shrink)

Leadership is certainly a central concept that the contemporary society now requires to increase the chances of survival and prosperity. As the contemporary politics guides, the world now see a greater turn to the kind of strategic paradigm heavily departing from the previous adherence to the ideological tenet. The strategy is a vital way of approach to address the needs of followers, subordinates, stakeholders and shareholders although there are other strands of influence including the culture (For political discourse, it is (...) also interesting to read the Huntington’s viewpoint about the clash of civilization), ideology though (still heavily on the global politics), shared comradeship and intelligence, and others. The leadership, in the contemporary framework, is likely to be analyzed as several points of evolution. The leadership, as we set aside the assumed status of peaceful coexistence in the ancient communal society unlike the Marxism circle, can be seen as one of interactive products about some form of organization. For example, ancient Chinese leaders, through its imperial history, almost always have been concerned about the integration of his subject against the foreign threat of ingression. While we realistically see the phenomenon of world as a split nature, the organization, even most simple form for the state, has to find their leadership as one kind of interactive context. That is, without any submission, surely the case if we talk about a for-profit organization and also non-profit organization. We can see an idealistic organization that may be perceived as monopolistic, such as UN and NGOs. These organizations, however, are also facing the realistic challenge to interact with outside actors and other organizations. For the UN, a terrorist state or organization might be a good example which it needs to interact. In some cases, the states in the dispute and hostile confrontation may be concerned interactively. For the NGOs, the state and conservatists’ group of WTO can be the actor or organization that they have to deal with. Then we can reach the deep structure or environmental element which the leaders of organization have to deliberate on his true nature of leadership. (shrink)

Carl Schmitt contends that liberal constitutionalism or the rule of law fails because it neglects the state of exception and the political, namely politics viewed as a distinction between friend and enemy groups. Yet, as a representative of liberal constitutionalism, Locke grapples with the state of exception by highlighting a magistrate prerogative and/or the right of the majority to act during a serious political crisis. Rather than neglecting the political, Locke’s state of war presupposes it. My thesis is that (...) Schmitt’s assault against Locke’s liberal constitutionalism is one-sided, and hence Locke’s militant liberalism can disarm it. In support of my thesis I shall argue (1) that Schmitt overlooks Locke’s distinction between liberty and license; (2) that, ironically, Schmitt’s conception of politics resembles Locke’s state of war; and (3) that Locke’s liberalism is militant rather than neutral because it excludes extremists from enjoying equal civil and political rights, as reasonable citizens do, to compete for political power. (shrink)

Abstract A COMPARISON OF THE VIEWS OF AUGUSTINE SHUTTE AND THADDEUS METZ ON AFRICAN PHILOSOPHY AND UBUNTU ETHICS In the theoretical study of Ethics much emphasis has traditionally been placed on established ethical theories, via approaches typified e.g. as deontological, divine command, utilitarian, virtue ethics and natural ethics. At UWC all these approaches, very much entrenched in the Western academic canon, have been taught, together with ethical views carried by the world religions. Over the last few years, however, an interest (...) in the study of African ideas (philosophy, theology, worldview studies, especially around the elusive but fascinating concept of Ubuntu) has grown. This study is an attempt to make a contribution towards a more serious exchange with African ethical ideas and their application in a global context. In this mini-thesis I compare the views of two academics, Augustine Shutte and Thaddeus Metz, who have actively and deliberately worked in the field of African philosophy and ethics. Through this comparative study of two rather different readings of Ubuntu philosophy, I wish to contribute to the growing interest in ethical views and discourse emanating from African ways of looking at the world and at humanity. The well-known, recently deceased, Augustine Shutte, a Catholic scholar of repute, taught Philosophy at the University of Cape Town, and published books such as Philosophy for Africa, The Mystery of Humanity; Ubuntu, An ethic for a New South Africa and The Quest for Humanity in Science and Religion, The South African Experience. The other scholar, the American born philosopher Thaddeus Metz, started teaching Philosophy at the University of Johannesburg and shifted his intellectual attention to African ideas and ethics. Coming from a rational Kantian approach, mixed with utilitarian ethical concerns, Metz discovered the difficulty of adding another “African mix” to main stream academia, based on the comprehensive scope of the very inclusive look at what it means to be human in the quite unique African worldview. He has published widely and in depth on many aspects of this “clash of cultures” while also holding on to enlightenment ideals and an ongoing conversation with science, especially also social science. These two authors thus share many concerns and interests, but also represent two different angles and approaches into African philosophy and ethics. The question for this limited study is formulated in the short introduction: How do Shutte and Metz connect the ethical implications of a widely shared “African worldview” with the core idea of Ubuntu, and which ethical implications do they draw from their reading of Ubuntu – for Africa and the world? These questions are addressed via five chapters: In the first an introduction to the research focus and question and the second of these the field of African Philosophy and Ethics is briefly covered via appropriate literature, thus providing a framework for comparing Shutte and Metz. The third chapter deals with Shutte’s search for an Ubuntu approach to South Africa’s problems within the African and global context - via his emphasis on an inclusive anthropology of caring and justice in which the pitfalls of individualism, materialism and consumerism can be avoided while promoting a sustainable work ethos and attunement with “science”. The fourth chapter focuses on Metz’ critical deontological approach, and his attempt to take the comprehensive African worldview seriously in conversation with utility, reason and science. In the fifth chapter the comparison of these two overlapping, but still quite different with an approach that can lead to a concrete ethical conclusion and application for South Africa, Africa and the world. (shrink)

Corruption has assumed a new turn in 4th Republic Nigeria, particularly where non-human animals are alleged by human animals to deep their hands into the public tilt for their selfish non-human animal purposes. This is a clear case of hypocrisy on the part of human animals in that, at one instance we contend that non-human animals are inferior to human beings and at the other instance, we affirm though inadvertently that non-human animals are not inferior but equal since they have (...) the capacity to steal: we, therefore, are unable to steer ourselves out from the dilemma of our ambivalence to arrogate to ourselves a god-like status over non-human animals. We contend that this is another profound inhumane case of violation of non-human animals which is condemnable. We have suggested that the solution to this quagmire is first to admit that non-human animals have basic rights like human animals especially when we understand this notion of Rights going beyond its parochial conception. The method we have employed in showing moments of human's inhumanity to non-human animals is what has been conceived as Ibuanyidanda Philosophy according to which we aver that ihe di nwereisinaodu (anything that exists serves a missing link of reality). We have argued in favour of the thesis that the federal government should allow justice prevails against acts of theft by either civil or public servants. -/- . (shrink)

We are living in an imbalanced and insecure world. It is torn by violent conflicts on a global scale: between the West and the East, between rich and poor countries, between Christianity and Islam, between the Great Forces and naughty countries, between a global capitalist elite and workers and between the global democratic community and global terrorism. An optimistic thesis will be grounded asserting that varied cultures and civilizations can solve all existing problems and contradictions peacefully and can (...) carry out mutually advantageous cooperation more effectively irrespective of differences between them. Security problems can be explained and defined by means of making use of fundamental philosophical notions. All levels of security are interrelated on a global scale. The problem of regulation of international relations worldwide as regards guaranteeing security of all participants in them is one of primary importance. The present-day multi-polar world could be based on a social and economic pluralism and peace culture. (shrink)

This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is dubbed here the FA). The analysis yields three principal observations: (1) Judicial resort to the FA is discordant with the rights thesis. (2) (...) The rights thesis is instructive in one way but mistaken in another. While Dworkin has highlighted some valid and sound reasons against judicial policymaking, his conclusive exclusion of judicial policymaking from civil law adjudication is erroneous. Civil law adjudication, it is argued, is an arena of ineliminable tension between principle and policy. (3) The FA is a type of policy argument particularly vulnerable to objections against judicial policymaking. There should, therefore, be a (rebuttable) presumption against judicial resort to it. (shrink)

This essay claims that the violence characterizing the 20th century has been coloured by the clash of two very different senses of legal authority. These two senses of legal authority correspond with two very different contexts of civil violence: state secession and the violence characterizing a challenge to a state-centric legal authority. Conklin argues that the modern legal authority represents a quest for a source or foundation. Such a sense of legal authority, according to Conklin, clashes such a view (...) with the unwritten laws of early Amerindian traditional societies. Conklin argues further that by arguing that the Amerindian sense of legal authority has been concealed in the dominant modern sense of legal authority. (shrink)

the journal of everyday life, between success and resiliation, shine and shadow, clarity and sadness.

Critical examination of possible socio-political Anthropocene consequences leads to the conclusion that the sustainable development concept is not an adequate answer for current threats and risks. An effort to implement the sustainable development concept can even make climate changes and other forms of nature devastation worse, as it turns out on ongoing greenhouse gas concentrations growth in the atmosphere, despite obligations that result to all states of the world from Paris agreement. The climate change rate and range of plant and (...) animal species extinction confirms J. Lovelock´s thesis that humanity does not have enough time and, most likely, enough sources to implement the sustainable development concept and, as B. Latour points out, we do not have a big enough planet. Therefore, it is necessary to think about a retreat – to areas that are likely to stay livable even after the sea level rise and desertification; it is necessary to think about how to move millions of people from areas flooded by sea or parched by desert; to think about a change of our current way of life, of production of food and energy so that not only humankind as animal species would continue, but also our civilization and its technological and organizational knowledge. Even basic theses based on this concept indicate a need to reassess most political concepts, mainly the concepts of sovereignty, citizenship, but also those of freedom of movement and residence, freedom of business and consume, which work as fundamentals of the neoliberal economic-political system. Retreat expects complex and organized migration to beforehand chosen and arranged areas. Opposite to retreat is mass escape chaos that reduces human relations to fight for survival. As J. Lovelock proposed in his sustainable retreat concept, relocating people from areas affected by climate changes to climate oases would mean that rich northern countries give up their current, in fact, isolationistic politics of refusing climate migrants. Therefore, the concept of sustainable retreat requires much greater competence and especially willingness to cooperate not only nationally, but also internationally and globally, in addition to what humanity is capable of doing today. (shrink)

Probably the leading exponent of W’s ideas on the language games of inner and outer (the ‘Two Selves’ operation of our personality or intentionality or EP etc. ) the prolific Daniel Hutto’s (DH) approach is called ‘Radical Enactivism’ and is well explained in numerous recent books and papers. It is a development of or version of the Embodied Mind ideas now current and, cleansed of its jargon, it is a straightforward extension of W’s 2nd and 3rd period writings (though Hutto (...) seems only intermittently aware of this). -/- The basic idea of the Embodied Mind or Enactivism is that much of behavior is automated and does not involve representations (basically S2 dispositions-see Hutto’s lovely dissection of the ‘representation rats nest’ in his online papers ). To me this is just another way of stating the fact that System 1 precedes the operation of System 2 which is a standard feature of contemporary psychology, which I have explained above and in further detail in my reviews of Wittgenstein (who was the first to see this and explored it in great detail) and Searle (who called it The Phenomenological Illusion in his superb essay of this name in his book Philosophy in a New Century which I have also reviewed). Since these are basic incontrovertible facts of animal behavior and I have already discussed them I won’t dwell on it here. -/- This book is a sustained argument against other similar ways of describing behavior which he calls CEC and CIC in favor of REC (Radical Embodied Cognition), which he characterizes as “the strongest reading of the embodiment thesis—one that uncompromisingly maintains that basic cognition is literally constituted by, and to be understood in terms of concrete patterns of environmental situated organismic activity, nothing more or less” (p11). This is clear as a bell if you understand the two systems view explained above but likely opaque if you don’t. Much clearer is Fodor’s characterization which he quotes as “abilities are prior to theories”, that “competence is prior to content” and that “knowing how is the paradigm cognitive state and it is prior to knowing that” (p10). That is, the unconscious automatisms of S1 are evolutionarily and behaviorally prior to the slow conscious dispositions of S2. -/- This is classic Hutto high level philosophical dialog, which is quite elegant, but somewhat too dense and a tad pretentious for the rest of us. I have not before encountered his coauthor Myin so can’t say how much of this text is really due to him. It is clear from this and the rest of Hutto’s work that (like everyone else) he has not quite kept up with the latest work in psychology nor really grasped the full power of W or S, even though he is one of the top Wittgensteinians alive and as bright as anyone in the field. His discussions of the language games of “information” and “representation” in his other papers and books (and much else including his deconstructions of Dennett and Fodor) should be required reading for anyone interested in behavior. So, I have the greatest respect for him, but one hopes that he will mellow with time and write descriptions of behavior (i.e., all we can really do as philosophers according to W) in more mundane prose such as this lovely summation on p15. “Hence, REC is nothing less than a fundamental rethinking of the very foundations of standard approaches to cognitive science and philosophy of mind.” Yes and what a pity that this great Wittgensteinian (and everyone else) does not realize that W laid it all out with great (and unmatched) clarity in his third period works over 60 years ago. -/- I have much less sympathy for the extended and scaffolded minds of Chap 7. I don’t see how one can lay the burden of explaining how the mind works at Searle’s door, nor how the convoluted prose about “decoupled contentful activities” etc helps at all. Why not just say that automated unconscious prelinguistic S1 feeds deliberate, conscious linguistic S2, which is axiomatically extended by public language into the myriad wonders of S3 culture? Beginning and end of story. -/- Their last chapter is about “regaining consciousness,” but I would say that if one has understood Wittgenstein and Searle, one has never lost it. And, though this is an excellent book by two of the brightest and the best, I suggest mulling over my thoughts in this and other reviews and reading Johnston and the latest from Searle, along of course with as much of 3rd period W as feasible, is an even better filter for folly. In sum an excellent book with various faults which I try to correct. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle’ 2nd ed (2019). Those interested in more of my writings may see ‘Talking Monkeys--Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet--Articles and Reviews 2006-2019 3rd ed (2019), The Logical Structure of Human Behavior (2019), and Suicidal Utopian Delusions in the 21st Century 4th ed (2019). (shrink)

The ramifications of existence provide the setup for a theory on civilization as a whole. This story is composed under the premise of looking at Rabbinic Judaism and the Old/New Testaments as contextual clues for an overview of civilization and existence in general. This includes a mathematical model for prior to the existence of time i.e. QSOPR Theorem: Quantum Similarity Origin Point References, MDQBT: Multi-Dimensional Quantum Breakpoint Theorem, and QSICT: Quantum Simulated Informational Consciousness Theory. As well as tracing back ancient (...) lineages such as Coptic DNA and the e1b1b haplogroup, FGC8712, or tribal lineages such as Berbers, the Quarashi, and ancient Mesopotamian groups. Next, we will look at history and philosophy through religious texts which include mythology, Quranic text and hadiths, and any related archaeological evidence in relationship to the Shashu, Temple 0, or contextual geological clues. This will provide a premise for human nature, civilization, world religions, societal falls, and history through correlative patterns, universal truth, linguistics, ethics and morality. (shrink)

I criticize Kuhn’s (1962/1970) taxonomic incommensurability thesis as follows. (i) His argument for it is neither deductively sound nor inductively correct. (ii) It clashes with his account of scientific development that employs evolutionary theory. (iii) Even if two successive paradigms are taxonomically incommensurable, they have some overlapping theoretical claims, as selectivists point out. (iv) Since scientific revolutions were rare in the recent past, as historical optimists observe, they will also be rare in the future. Where scientific revolution is rare, (...) taxonomic incommensurability is rare, and taxonomic commensurability is common. For these reasons, taxonomic commensurability rather than incommensurability should be advanced as an image of science. (shrink)

ABSTRACT The philosophical tradition approaches to morals have their grounds predominantly on metaphysical and theological concepts and theories. Among the traditional ethics concepts, the most prominent is the Divine Command Theory (DCT). As per the DCT, God gives moral foundations to the humankind by its creation and through Revelation. Morality and Divinity are inseparable since the most remote civilization. These concepts submerge in a theological framework and are largely accepted by most followers of the three Abrahamic traditions: Judaism, Christianity, and (...) Islam: the greatest part of the human population. Holding faith and Revelation for its grounds, the Divine Command Theories are not strictly subject to the demonstration. The opponents to the Divine Command conception of morals, grounded in the impossibility of demonstration of its metaphysical and religious assumptions, have tried for many centuries (albeit unsuccessfully) to devalue its importance. They held the argument that it does not show material evidence and logical coherence and, for this reason, cannot be taken into account for scientific nor philosophical purposes. It is just a belief and, as so, should be understood. Besides these extreme oppositions, many other concepts contravene the Divine Command theories, in one or another way, in part or in full. Many philosophers and social scientists, from the classic Greek philosophy up to the present date, for instance, sustain that morality is only a construct, and thus culturally relative and culturally determined. However, this brings many other discussions and imposes the challenge to determine what is the meaning of culture, which elements of culture are morally determinant, and finally, what are the boundaries of such relativity. Moral determinists claim that everything related to human behavior, including morality, is determined, once free will does not exist. More recently, modern thinkers argued that there is a strict science of morality. However, the scientific method alone, despite explaining several facts and evidence, cannot enlighten the entire content and full meaning of ethics. Morals’ understanding requires a broader perception, and an agreement among philosophers, which they have never achieved. All of these questions have many different configurations depending on each philosophical strand, and start complex analysis and endless debates, as long as many of them are reciprocally conflictive. The universe and the atmosphere involving this thesis are the dominions of all these conceptual conflicts, observed from an objective and evolutionary standpoint. Irrespective of this circumstance and its intrinsic importance, however, these questions are far distant from the methodological approach of an analytical discussion on objective morals, what is, indeed, the aim and scope of this work. We should briefly revisit these prominent traditional theories because this thesis shelters a comparative study, and its assumptions at least differ profoundly from all traditional theories. Therefore, it becomes necessary offering direct and specific elements of comparison to the reader, for the right criticism, dispensing interruptive researches. However, even revisiting the traditional theories, for this comparative and critical exposure purpose, they will be kept by the side of our main concerns, as “aliena materia.” Irrespective of the validity of any or all of the elements of this discussion, and their meaning as the philosophical universe of this thesis, the purpose of this work is demonstrating and justifying the existence and meaning of prehistoric moral archetypes arisen directly from the very first social needs and efforts for survival. These archetypes are the definition of the essential foundation of ethics, its aggregation to the collective unconscious and corresponding logic organization and transmission to evolutionary stages of the human genome and different relations space-time, irrespective of any contemporary experience of the individuals. The system defined by these archetypes composes an evolutionary human social model. Is this a metaethical position? Yes, it is. Moreover, as in any metaethical reasoning, we should look carefully for the best and coherent routes, as the Analytical Philosophy offers them. Thus, this work should reasonably demonstrate that morals are not a cultural product of the civilized men or modern societies and that despite being subject to several cultural relative aggregations and subtractions, its essential foundations are archetypal and have never structurally changed. This reasoning induces that morality is an original attribute of the “homo sapiens”; it is not a property and nor an accident: it integrates the human essence and belongs to the realm of the ontological human identity. The human phenomena is a continuing process, playing its role between random determination and free will, and we need to question how morality began and how did it come to us in the present. (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)

Epistemic approaches towards understanding ultimate reality proceed chiefly via the rational, the empirical, and the fideistic way, each yielding a theological view consistent to the approach chosen. Rational theologies tend to be ultimately monist in nature, while empirical theologies are pluralistic, e.g. polytheism. Fideism has its dangers as well where blind faith only hampers scientific research. However, Indian philosophy has suggested few criteria for verifying a source of authoritative testimony. This dissertation investigates why an authentic revelation would solve the ultimate (...) clash between reason and experience. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of (...) equality and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

In this article, I defend the pragmatic relevance of race in history. Kant and Hegel's racist development thesis assumes that nonwhite, non-European racial groups are defective practical agents. In response, philosophers have opted to drop race from a theory of history and progress. They posit that denying its pragmatic relevance amounts to anti-racist egalitarianism. I dub this tactic “colorblind cosmopolitanism” and offer grounds for its rejection. Following Du Bois, I ascribe, instead, a pragmatic role to race in history. Namely, (...) Du Bois argues that race is an “instrument of progress” that advances emancipatory struggle. He appeals to the writing of history—or historiography—to cultivate group consciousness of historical memory in order to strengthen intragroup bonds among the racially oppressed, especially black Americans, and create intergroup bonds that reconstruct the republic on the basis of universal ideals. I detail Du Bois's defense of the black struggle for freedom in the wake of the U.S. Civil War to provide a concrete illustration of “spirit” in American history. (shrink)

The practice of thought experimentation plays a central role in contemporary philosophical methodology. Many philosophers rely on thought experimentation as their primary and even sole procedure for testing theories about the natures of properties and relations. This test procedure involves entertaining hypothetical cases in imaginative thought and then undergoing intuitions about the distribution of properties and relations in them. A theory’s comporting with an intuition is treated as evidence in favour of it; but a clash is treated as evidence (...) against the theory and may even be regarded as falsifying it. -/- The epistemic power of thought experimentation is mysterious. How can experiments carried out within the mind enable us to discover truths about the natures of properties and relations like knowledge, causation, personal identity, reference, meaning, consciousness, beauty, justice, morality, and free will? This epistemological challenge is urgent, but a model of philosophical thought experimentation would seem to be a necessary propaedeutic to any serious discussion of it. An adequate model would make the relevant test procedure explicit, thereby assisting in the identification of points of potential epistemic vulnerability. -/- In this monograph I advance the propaedeutical model-building work already done by Timothy Williamson, Anna-Sara Malmgren, and Jonathan Ichikawa and Benjamin Jarvis. Following the lead of these philosophers, I focus on a single Gettier-style thought experiment and the problem of identifying the real content of the Gettier intuition. My first contribution is to establish the inadequacy of all of the existing models. Each of them, I argue, fails to solve the content problem. It emerges from my discussion, however, that Ichikawa and Jarvis’s truth in fiction approach holds out the prospect of a solution. -/- My second contribution is to develop and defend a new way of implementing the general idea behind the truth in fiction approach. The model I put forward does a better overall job of modelling Gettier-style thought experiments than any of the existing models. It has none of the defects which render those models inadequate and Iam unable to find any major defects peculiar to it. This should make us feel confident that my model is adequate. Moreover, since the Gettier-style thought experiment I focus on is paradigmatic, we should also feel confident that my model will generalise naturally to other philosophical thought experiments. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with (...) two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

This article consists of my replies to criticisms of and comments on a talk I gave at the Polish Academy of Sciences, Warsaw, Poland, in 2011. My original talk was called "The Menace of Science without Civilization: From Knowledge to Wisdom": for the text. In my talk I argued that our extraordinarily successful pursuit of scientific knowledge and technology has vastly increased our power to act, without increasing our power to act wisely. This puts us into a situation of unprecedented (...) danger, and is the root cause of almost all our current global problems, from climate change, population growth, to the lethal character of modern war. We urgently need to bring about a revolution in academic inquiry so that we may have what we so urgently need: a kind of inquiry rationally designed and devoted to helping us make progress towards a better world. Five authors criticized my thesis. Unfortunately, they mostly misunderstood the nature of my thesis and argument, as I point out in the present article. (shrink)

In the midst of rapid transformation and interstate competition within the global village, the effectiveness and prestige of national government should be any priority to measure a good order of constitutional democracy, especially for the nations to be called on service provision and public welfare. The times of ideology and philosophy had waned while the diverse civilizations clash, in which the technological advance and socio-economic environment inflict a tremendous change for the private and public mode of our contemporary (...) livings. In fact, the increasing diversity and volatility of community has brought the crisis and challenge against the constitutional tradition. In this backdrop, the paper examines the relationship of those two values embedded on the states of modern constitutionalism - limited toward the modern administrative state through this new millenium. The law or right and democracy as a political ideals is not futile merely with tweaks, but foundational or inseparably entwined into the value system of modern minds. We can be clear if to imagine of the times for the divinity of monarchy or feudal piety. The civil revolution for modern constitutionalism created a new order of society and nations began or manage to practice their national politics and administration on its basis. The recent tumultus in South Korea, stretching from the candlelight vigil through theimpeachment and incrimination of lady president, actually imprinted a deep wake for the politics of Koreans. In this line of thought alignment, the concept of democratic experimentalism engrafted with the rule of constitution was revisited that could give a lesson as a sedative meliorism for the radicalism or mob politics. Additionally, I presented some of brief evaluation about the Korean ways by gathering my thoughts on the candlelight vigil. Despite both of strengths and weaknesses on the theory of democratic experimentalism, I cordially suggest that it could work as a model to meet the increasing need of national competitiveness, participation, information sharing and learning as well as the protection of civil rights embedded on the constitutional tradition. (shrink)

In this essay I show that Kant intended his anthropology lectures and book, Anthropology from a Pragmatic Point of View, to be a Klugheitslehre (theory of prudence). The essay draws on many quotes from these sources to show that Kant wanted to develop a theory of how to use other people for one’s own ends. Although so much of the lectures and book are in conversation with Baumgarten’s empirical psychology, there are enough references to Klugheit (prudence) and klug (clever) action (...) to support this thesis. Prudence is a skill that human beings should develop and hence is not excluded from human life even though it is not the basis of morality. The purpose of Klugheit is to achieve happiness but the means to that happiness involves using other people for one’s own ends. In order to use others as a means to one’s own ends, a person must in someway satisfy the inclinations of the other person so that they cooperate in one’s ends. However it is also possible to dominate another person and use them as well if they are dominated by a passion but this is not prudent since it does not achieve happiness except in the case of a husband and wife. Kant’s distinction between Weltklugheit and Privatklugheit also appears to be confirmed in that he advances the idea that sociable means of gaining the cooperation of others (Privatklugheit) leads to the lasting happiness of a person and to the development of civilization. (shrink)

1. Introduction: a look back at the reasons vs. causes debate. 2. The interventionist account of causation. 3. Four objections to interventionism. 4. The counterfactual analysis of event causation. 5. The role of free agency. 6. Causality in the human sciences. -- The reasons vs. causes debate reached its peak about 40 years ago. Hempel and Dray had debated the nature of historical explanation and the broader issue of whether explanations that cite an agent’s reasons are causal or not. Melden, (...) Peters, Winch, Kenny and Anscombe had contributed their anticausal conceptions. The neo-Wittgensteinians seemed to be winning the day when in 1963 Donald Davidson published his seminal paper “Actions, Reasons, and Causes”. Davidson’s paper devastated the Wittgensteinian camp. It contained, among other things, a powerful attack on the logical connection argument. Davidson argued that the existence of a logical or conceptual connection between descriptions can never eliminate a causal relation, which holds between events simpliciter, not between events under certain descriptions. Davidson maintained that in a way, reasons can be causes. When somebody acts for a certain reason, his intentional attitudes, or rather changes in his attitudes, cause his bodily movements. Davidson also argued that rationalization is a species of causal explanation. For the definition of action, he argued that intentional actions are bodily movements caused in the right way by beliefs and desires that rationalize them. Davidson’s paper paved the way for causal theories of action, which superseded neo-Wittgensteinian analyses in the following decades. The causal theory was rapidly adopted by Alvin Goldman, David Armstrong, Paul Churchland, Myles Brand and many others, entering the mainstream and dominating the philosophy of action to this very day. In 1971 Georg Henrik von Wright published his book "Explanation and Understanding". The second chapter did not deal with agency, but with causation. It developed a new account of causation, the interventionist or experimentalist account. Focusing on causation, von Wright remedied a major shortcoming of the reasons vs. causes debate. The concept of causality, and the nature of the causal relation, received little attention in this debate, a fact that holds true for both camps. Mostly it was simply taken for granted that, as Hempel had declared, “causal explanation is a special type of deductive-nomological explanation”. One camp then aligned intentional explanations with D-N explanations, while the other camp insisted on their disparity. So strictly speaking, the label “reasons/causes debate” was a misnomer. The controversy dealt primarily with the question as to whether intentional explanations can take the form of D-N explanations, while the notion of causation, and the metaphysics of the causal relation, were left obscured. With von Wright’s new approach, the situation changed. Von Wright was primarily concerned with causation, but his approach contained an implicit attack on the causal theory of action as well. His core idea was that the notion of causality is intimately linked with, or even derived from, the notion of intentionally making something happen. Other philosophers, even Hume, had considered such a connection before, but often just to reject this view, regarding it as a kind of myth belonging to the infancy of the human mind. Von Wright took the idea seriously. He submitted the analysis that p is the cause of q if and only if by doing p we could bring about q. The causal theory of action was also concerned with the relation between causation and agency, to which its name bears witness. The causal theory of action holds that actions are bodily movements with a certain causal history. This is why von Wright’s account constituted a momentous challenge to the causal theory: it reversed the direction of conceptual dependency between both notions. Davidson and his followers tried to define what an intentional action is by using the notion of causation. The causal condition which the causal theory sets is part of the definition of “doing something intentionally”. Von Wright claimed that the conceptual dependency is the other way round. He used the notions of doing, and bringing about, to explain what causal relations are. So, instead of a causal theory of action, he advocated an agency theory of causation, as it may be dubbed. It is remarkable how seldom this clash of opinions about conceptual primacy is reflected in the literature. There are few exceptions: Fred Stoutland noticed the conflict, and he published a number of papers in which he compared Davidson’s and von Wright’s views. Von Wright’s book "Explanation and Understanding" was widely read and discussed in the seventies, especially in Europe. But it strikes me that especially in North America, where the causal theory of action became the orthodoxy of the day, von Wright’s challenge went largely unnoticed. Even Davidson did not seem to take it seriously. He nowhere takes notice of the interventionist theory of causation, while he does discuss von Wright’s earlier book "Norm and Action". As is well-known, Davidson favoured an alternative account of causation, based on “the principle of the nomological character of causality”, as he somewhat clumsily called it, or, later and less clumsily, “the cause-law thesis”. Davidson’s firm adherence to a nomological theory of causality may explain why he did not take much interest in alternative accounts. [...] -/- . 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In his recent book, The Dimensions of Consequentialism, Martin Peterson puts forward a new version of consequentialism that he dubs ‘multidimensional consequentialism’. The defining thesis of the new theory is that there are irreducible moral aspects that jointly determine the deontic status of an act. In defending his particular version of multidimensional consequentialism, Peterson advocates the thesis—he calls it DEGREE—that if two or more moral aspects clash, the act under consideration is right to some non-extreme degree. This (...) goes against the orthodoxy according to which—Peterson calls this RESOLUTION—each act is always either entirely right or entirely wrong. The argument against RESOLUTION appeals to the existence of so-called deontic leaps: the idea is that endorsing RESOLUTION would not give each relevant moral aspect its due in the final analysis. Our paper argues that, contrary to Peterson, all moral aspects remain visible in what can properly be called the final analysis of a moral theory that involves RESOLUTION, moral aspects do not have to remain visible in judgements of all-things-considered rightness or wrongness, respectively, introduction of what Peterson calls verdictive reasons does not change the overall picture in favour of DEGREE. We conclude that multi-dimensional consequentialists should accept RESOLUTION rather than DEGREE. (shrink)

I intend to: a) clarify the origins and de facto meanings of the term relativism; b) reconstruct the reasons for the birth of the thesis named “cultural relativism”; d) reconstruct ethical implications of the above thesis; c) revisit the recent discussion between universalists and particularists in the light of the idea of cultural relativism.. -/- 1.Prescriptive Moral Relativism: “everybody is justified in acting in the way imposed by criteria accepted by the group he belongs to”. Universalism: there are (...) at least some judgments which are valid inter-culturally Absolutism: there are at least some particular prescriptions which are valid without exception everywhere and always -/- 2. The traditional proof of prescriptive moral relativism: the argument from variability: Judgments, rules, and shared values are de facto variable in time and space. The traditional counter-proof: examples of variability do not prove what skeptics contend. -/- 3. Pre-history of the doctrine -Ancient sophists: either immoralist or contractualist -Modern moral scepticism (xvii c.): variability as an historical and ethnographic fact supports a sceptical conclusion more moderate than sheer immoralism. - Voltaire, Kant, Reid counter-attack pointing at a universally shared moral sense - Romantics and idealists stage an even more moderate reformulation: instead of universally shared moral sense they point at the Spirit of a People which is: a)alternative to abstract and universal philosophical systems as far as it is lived ‘culture’; b) indivisible unity with an inner harmony and a source of normative standards; c) dynamic, in so far as it is a manifestation of the Spirit through the becoming of National cultures. -/- 4. The birth of Cultural Relativism and its ethical implications 4.1. The 18th c. doctrine was the noble savage (a non-historical doctrine: state of nature vs. social state) 4.2 Edward Tylor (1832-1817) and ethnocentric historicism Savage moral standards are real enough, but they are far and weaker than ours. 4.3 Boas and Malinowski and an holistic reaction to ethnocentric historicism -/- Franz Boas (1858-1942): a) Development of civilizations is not ruled by technical progress nor does it follow a one-way path; instead there are parallel developments (for ex. Agriculture does not follow stock-raising); b) racial characters have no relevance in development of civilization; c) we are not yet in a position to compare externally identical kinds of behaviour till we have not yet understood beliefs and intentions laying at their roots (for ex.: “From an ethnological point of view murder cannot be considered as a single phenomenon”; d) we should distinguish among different practices which are only superficially similar (fro ex. practices traditionally classified under the label “tabù”); e) there is as a fact just one normative ethic, constant in its contents but varying in its extension; f) the implication is not that we cannot judge behavior by members of other groups; it is only a recommendation of caution. -/- Bronislaw Malinowski (1884-1942): a) against Tylor’s and Frazer’s “magpie” methodology, field-work is required, a culture as a whole should be observed from inside; individual elements are incomprehensible; b) a culture is an organic whole; c) its elements are accounted for by their function (economy), avoiding non-observables (empio-criticism). -/- Ruth Benedict and Melville Herskovitz identify Boas’s approach with “cultural relativism”. Benedict: what is normal and abnormal is to be judged on a culture’s own standards, not on our own (“Anthropology and the Abnormal”). Herskovits: “Boas adumbrates what we have come to call cultural relativism” (The Mind, p. 10); “Judgements are based on experience, and experience is interpreted by each individual in terms of his own enculturation” (Man and his Works). -/- 4. How analytic philosophy understood and misunderstood the discussion 4.1. At the beginning of the 20th c., the new view in ethics was non-cognitivism (emotivist and subjectivist). Eric Westermark combines this view with an old-style ethnographic approach in support of relativity of moralities. Moralities are codes, or systems of emotive ‘disinterested’ reactions selected by evolution on their usefulness in terms of survival value for the society that is the carrier of such systems or codes. The moral relativity thesis: there are cases of disagreement that cannot be settled even after agreement about facts. 4.2 Anti-realists Brandt, Mackie, Gilbert, Harman adopt Westermark’s approach in a more sophisticated version: a) moralities are codes with an overall function and may be appraised only as wholes; b) variability is an argument for moral subjectivism; c) apparent legitimacy of deriving shift from ought is legitimized only within one institution d) morality should not be described but instead made, and existing moralities may be improved. Is it ‘real’ relativism? It is clearly subjectivism (a metaethical thesis). The normative thesis is that there better and worse codes, and survival values is the normative standard. -/- 4.3 Particularists MacIntyre, Sandel, Taylor, Wiggins, McDowell ‘Wittgensteinian’ prospectivist arguments bent to support weak-relativist claims MacIntyre: there is ‘incommensurability’ between different theoretical systems in both science and ethics. No argument is possible through different systems Different traditions may coexist for a long time without being able to bring their conflicts to a rational solution. -/- 4.4 Kantian universalists Baier, Gewirth, Rawls, Apel, Habermas Shared claim: justice concerns the right and is universal in so far as it may be based on minimal assumptions Other virtues are relative to context in so far as they are related to comprehensive views of the good - O’Neill criticism: a) it is an assumption shared by both alignments; b) after an alleged crisis brought about by alleged loss of metaphysical certainties, theories of justice have dropped demanding assumptions and kept universalism, virtue theories have kept demanding assumptions and dropped universalism; c) the opposition of virtue and justice has arisen in an unjustified way. O’Neill’s positive proposal: ‘constructive’ procedures may be adopted both (i) concerning all the range of virtues and (ii) across cultures once we abandon idealization and confine ourselves to abstraction from real-world cases. -/- 4.5 A metaethical relativist and anti-relativist normative ethicists: Bernard Williams Williams: vulgar relativism may be assumed to claim that: a) 'just' means 'just in a given society'; b) 'just in a given society' is to be understood in functionalist sense; c) it is wrong for one society’s members to condemn another society’s values. It is inconsistent since in (c) uses ‘just’ in a non-relative way that has been excluded in (a). William’s positive proposal: i) keep a number of substantive or thick ethical concepts that will be different in space and time; ii) admit that public choices are to be legitimized through recourse to more abstract procedures and relying on more thin ethical concepts. -/- 5. Critical remarks 5.1 The only real relativism available is ‘vulgar’ relativism (Westermark?) 5.2. Descriptive universalism (or absolutism) has a long pedigree, from Cicero on, reaching Boas himself but it is useless as an answer to normative questions 5.3. Twentieth-century philosophical discussion seems to discuss an ad hoc doctrine reconstructed by assembling obsolete philosophical ideas but ignoring the real theory of cultural relativism as formulated by anthropologists. -/- 6. A distinction between ethoi and ethical theories as a way out of confusions a)There are systems of conventions de facto existing. These may be studies from outside as phenomena or facts. b)There is moral argument and this, when studies from outside, is a fact, but this does not influence in any degree the possible validity of claims advanced. c) the difference between the above claims and Mackie’s criticism to Searle’s argument of the promising game is that promises, arguments etc. are also phenomena, but they are also communicative phenomena with a logical and pragmatic structure. -/- 7.Conclusions: a) cultural relativism, as a name for Boas’s methodology is a valuable discovery, and in this sense we are all relativists; b) ethical relativism, as an alleged implication of cultural relativism, has been argued in a philosophically quite unsophisticated way by Benedict and Herskovits; philosophers apparently discussed ethical relativism in the basis of a rather faint impression of what cultural relativism had been. c) a full-fledged ethical relativism has hardly been defended by anybody among philosophers; virtually no modern philosopher really argued a prescriptive version of the thesis; d) we may accept the grain of truth in ethical relativism by including relativist critique to ethical absolutism into a universalist normative doctrine that be careful in separating open-textured formulations of universal claims from culturally conditioned particular prescriptions. -/- . 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The history of European civilization is a clear evidence of cultural split into two parts: scientific-technical and humanitarian, which are determined by two types of thinking – mind and intellect. The development of natural and technical sciences, which are based on reasonable thinking, has resulted in rapid development of techniques and various technologies for the past 500 years. Whereas humanitarian sciences with their intellectual thinking fell behind the demands of time for hundreds of years. The precipice, which occurred between two (...) parts of a single culture, could be surmounted only with the aid of improving humanitarian thinking, moving it up into the position of mind and alongside the development of ethics as a strict theoretical science about morale. This in general outline can be presented with the example of mind-intellect interrelation in the history of antique philosophy and their influence on morale development. Distinguishing feature of ancient Greek philosophy is discovery of mind comprehended not so much as the ability to think but rather as ability to cognize the world from objective, identical for everyone, points of view, as resolution to consider knowledge, received by these means, as the highest instance in debates. Neither religion, nor intellectual subjective opinion of wisdom-fanciers was put into the first place by ancient Greek culture, but rather the knowledge, received in its rational-scientific form and radically different from opinion. However, contemporary humanitarians are unable to see the difference between mind and intellect, as far as their thinking does not exceed the limits of mind. The reason of created thesis is that philosophy yet in ancient times lost the essence of intellectual development trend and gave the way to intellectual thinking. Platon and Socrates had already taken intellect for the manifestation of mind. The last, who made an attempt to ground the difference between these two forms of thinking, was Aristotle who made it possible to identify the laws of formal logic, formulated by him, with laws of mind. Whereas in fact these were the laws of intellectual thinking. Since then humanitarians have not returned to the path of mind, paved by the first Greek Ionic thinkers. While possessing intellectual thinking and getting mixed up in the notions of «intellect» and «mind», caused by logical and causative-effective relations, contemporary humanitarians are unable to lead their sciences out of a dead-end, where ancient Greek philosophy got into after Heraclitus. (shrink)

‘[A] valid concept of “Islam” must denote and connote all possible “Islams,” whether abstract or “real,” mental or social’ (104)... Ahmed seeks to avoid two major pitfalls: (1) making Islam into a static essence or a category within an essentialist framework – such as proscription/prescription, ‘religion’,‘civilization’, ‘culture’, ‘orthodoxy’, etc., and (2) rendering Islam into a totally incoherent concept by conceding that there are as many islams as there are communities or individuals. Ahmed’s thesis (presented in Chapter 5) is that (...) Islam is best conceptualized as a process of meaning-making or hermeneutical engagement in which the human agent engages with the Divine Revelation granted to Muhammad in one or more of this Revelation’s hierarchical dimensions – Pre-Text, Text, and Con-Text – in order to constitute meaning for himself.". (shrink)