Axel Honneth reconstructs Hegel’s social and political philosophy on the basis of the concept of recognition. For Honneth, recognition is a constitutive relation between individuals that is in principle symmetrical. By conceiving recognition through symmetry, Honneth effectively bans the inclusion of power within recognitive relation. He thus regards the relations of power as cases of non-recognition or misrecognition. In this paper, I develop an alternative theory of the constitutive relation between individuals for Hegel, one that is based on the asymmetrical (...) relation of power. To this aim, I focus on the chapter of “determinations of reflection” in the Science of Logic. Through a close analysis of Hegel’s Logic, I argue that the most fundamental form of relation between individuals is the relation of opposition, that individuals are solely constituted in and through the relation of opposition, and that the relation of opposition is essentially asymmetrical. Together, these claims establish... (shrink)

Kant’s distinction between the determining and reflecting power of judgment in the third Critique is not well understood in the literature. A mainstream view unifies these by making determination the telos of all acts of judgment (Longuenesse 1998). On this view, all reflection is primarily in the business of producing empirical concepts for cognition, and thus has what I call a determinative ideal. I argue that this view fails to take seriously the independence and autonomy of the ‘power of (...) judgment’ [Urteilskraft] as a higher cognitive faculty in its own right with its own a priori principle. Instead of seeing merely reflecting judgments as failed or incomplete acts of judgment, I argue that these are in fact paradigmatic of the activity of the power of judgment. More precisely, the reflecting power of judgment just is the power of judgment. Accordingly, reflecting judgment takes precedence over determining judgment; while the former operates according to a law that it gives itself, the latter requires another higher cognitive faculty to provide its principle. On my view, reflecting judgment should be understood as the capacity for purposive subsumption—most clearly seen in the activity of mere reflection. (shrink)

John Rawls’ method of reflective equilibrium is the most influential methodology in contemporary ethics.This paper argues that this influence is undeserved, for two reasons. First, reflective equilibrium fails to accomplish two tasks that give us reason to care about methodology. On the one hand, it fails to explain how (or whether) moral knowledge is possible.This is because the method is explicitly oriented towards the distinct (and less interesting) task of characterizing our moral sensibilities. On the other hand, the method fails (...) to provide an informative way of adjudicating central methodological debates in ethics. Second, where Rawls’ method –and the background methodology he uses to motivate it –do have substance, that substance is implausible. The role of dispositions in the method entails that it endorses obviously irrational inferences. Further, the method makes substantively implausible distinctions between the dispositions that are allowed to play a methodological role. Rawls' background methodology appeals to the idea of a psychology in ‘wide reflective equilibrium’. However, both formal and empirical path-dependence considerations strongly suggest that there is nothing even minimally determinate that is someone’s psychology in ‘wide reflective equilibrium’. I close by exploring salient attempts to salvage the spirit of reflective equilibrium by abandoning elements of Rawls’ approach. I argue that none of these attempts succeed. I conclude that appeal to the method of reflective equilibrium is not a helpful means of addressing pressing methodological questions in ethics. In a slogan, reflective equilibrium is methodologically irrelevant. (shrink)

Against philosophical orthodoxy, Hilary Kornblith has mounted an empirically grounded critique of the epistemic value of reflection. In this paper, I argue that this recent critique of the epistemic value of reflection fails even if we concede that (a) the empirical facts are as Kornblith says they are and (b) reliability is the only determinant of epistemic value. The critique fails because it seeks to undermine the reliability of reflection in general but targets only one of its (...) variants, namely individual reflection, while neglecting social reflection. This critique comprises two arguments which have a common structure: they both impose a requirement on the reliability of reflection, but deny, on empirical grounds, that the requirement is met. One argument imposes an introspection requirement, which I reject as superfluous. I show how reflection can proceed without introspection. The other argument imposes an efficacy requirement. This requirement concerns whether reflection is causally efficacious i.e., whether it leads us to change our minds for the better. I accept this as a genuine requirement. Even if we concede that individual reflection fails to meet this requirement, I argue that we have not been given sufficient evidence to believe that social reflection is bound to fail this requirement. Furthermore, my analysis of the conditions under which social reflection works best provides us with prima facie grounds for optimism regarding the reliability of social reflection. Ultimately, then, these arguments fail to undermine the epistemic value of reflection in general. (shrink)

This study aimed to measure the reality of the determinants of organizational justice from the point of view of the police officers in Gaza Strip, and this study comes to study the reality of human resources and their organizational behavior in the police apparatus, which is the largest security services operating in Gaza Strip, so it is expected that this study will contribute to upgrading In this aspect, to be reflected positively on serving the country and the citizen and achieving (...) security and safety for them. The study relied on the descriptive and analytical approach, using the questionnaire, and targeting a stratified random sample of (400) officers, who hold the rank of captain and above, from the study population of 1550 officers, and the study tool was distributed to the sample members in all departments and governorates Police in Gaza Strip. (353) questionnaires were retrieved, with a recovery rate of (88.3%), and they were analyzed using (SPSS) software. The study found the existence of organizational justice in general in a medium degree and the order of its determinants was as follows: fairness of transactions and to a large degree, followed by fairness of procedures and a medium degree, and finally the fairness of distribution was to a small degree (Type of management, age group, job title, military rank, years of service). The study recommended working on observing the fairness of distribution by providing adequate and fair salaries, granting bonuses for the extra efforts exerted, budgeting in the distribution of duties and job burdens, and creating an organizational climate in which a sense of justice prevails, because of its prominent role in stability, calm and discipline at work, and thus the elevation of the institution Policing and achieving its desired goals. (shrink)

This article argues that, suitably modified, the method of reflective equilibrium is a plausible way of selecting moral principles. The appropriate conception of the method is wide and radical, admitting consideration of a full range of moral principles and arguments, and requiring the enquiring individual to consider others' views and undergo experiences that may offset any formative biases. The individual is not bound by his initial considered judgments, and may revise his view in any way whatsoever. It is appropriate to (...) describe the method as a balance between coherentism and fallibilist foundationalism. With these points in mind, various criticisms, including the claims that considered judgments are not initially credible and are shaped by prejudice, and that the method itself fails to determine principle selection, are challenged. (shrink)

In his 'Of the Standard of Taste' David Hume seems to make the paradoxical claim that even though the sentiments an agent feels in response to an artwork are subjective and unique, and it cannot be said that such sentiments are either correct or incorrect, there is a standard upon which art can be judged, which is at least partly determined by these sentiments.

The debate on human destiny and its relationship to freedom, responsibility, legality and morality is an ongoing discussion. The concept of destiny especially in Western philosophy depicts a static and unchanging idea that is causal to success or failure in the lives of individuals. Perhaps because of the culture of writing, destiny is seen as represented in black and white ink such that once written, it cannot be erased unlike the culture of oral expressions. Whereas Yoruba account of destiny depicts (...) a possibility of erasing or recanting what is already given prenatally, many scholars have laughed over this or term Yoruba idea as purely metaphorical and inconsistent in expression. The aim of this paper is to argue that the Yoruba idea of destiny is one of the most consistent ideas with the reality before us. It is an all encompassing thesis that bridge the gap between theory and practice and by extension the relationship between ought (morality) and what is (legality). This aim will be achieved by explaining the relationship between the prenatally received destiny and natal active destiny. This is necessary due to our finding that the Western idea of destiny only sees destiny as individualistic without a consideration of collective destiny or social aspect of destiny where different destinies interact and consequently makes social group or government liable for some individual actions. We conclude that Yoruba idea of destiny is consistent with why individuals and societies are responsible for some failures or successes. Our finding embodies the reason why both government and societies can be held responsible for social and personal actions. (shrink)

An influential strand in philosophy of science claims that scientific paradigms can be understood as relativized a priori frameworks. Here, Kant’s constitutive a priori principles are no longer held to establish conditions of possibility for knowledge which are unchanging and universally true, but are restricted only to a given scientific domain. Yet it is unclear how exactly a relativized a priori can be construed as both stable and dynamical, establishing foundations for current scientific claims while simultaneously making intelligible the transition (...) to a subsequent framework. In this article, I show that important resources for this problem have been overlooked in Kant’s theory of reflective judgement in the third Critique. I argue that Kant accorded the task of formulating new scientific laws to reflective judgement, which is charged with forming new ‘universals’ that guide the experience of nature. I show that this is the very task attributed to the relativized a priori: the constitution of a given conceptual framework, not of the conditions for object-reference as such. I conclude that Kant’s considered conception of science encompasses the operations of both reflective and determining judgement. Relativizations of the a priori should follow Kant’s lead. (shrink)

The article presents the results of a theoretical and empirical study of the process of development of the axiological identity of a future psychologist in the process of his/her professional training in a higher educational institution. The article substantiates the necessity to use the technology of forming the axiological identity of a future psychologist in the process of professional training as a structural component of his/her integral professional value. The axiological identity of a future psychologist is characterized by the integration (...) of personal, professional, and social identities at the level of his/her valuable self-consciousness. The formation of this construct depends on the understanding of its own system of values, understanding of abilities, desires, and capabilities, allows the future psychologist to purposefully build prospects for professional growth, implement informed and responsible choices backed by a sense of integrative integrity, self-esteem, and self-sufficiency. -/- While choosing the direction of the professional activity, a student designs the axiological perspectives of his/her own professional identity, that is, it gives the dominance to the personal, professional, and social values that most closely reflect his/her personal meanings in the professional activity corresponding to preferences and promote self-realization in the future. Difficulties in the vocational education and further professional activity arise under the condition of axiological identification uncertainty, a low level of self-interest and self-understanding, external motivation to the student’s professional activities, etc. Taking into account the above, we have developed and implemented in the process of professional training of students of psychology the technology of “Formation of the axiological identity of a future psychologist”, whose purpose is to support future specialists in the process of becoming a personal, professional, and social value identity on the basis of the student’s awareness of the value of personal “I” as a psychologist and confidence in their own desire and ability to provide psychological help to the Other. (shrink)

Scholars have struggled with identifying the exact reasoning that leads to the list of human rights in Rawls's Law of Peoples. This essay argues that the list can best be explained by a reasoning based on the value of self-determination of peoples. At the same time, it argues that this reasoning still has serious difficulties. In particular, it is necessary to clarify whether human rights may always be enforced by coercive means against states that violate them. However, once this has (...) been clarified, the balance of reasons on which Rawls’s argument rests no longer indisputably supports his conclusion. (shrink)

My aim in this paper is to provide an account of practical judgement, for Kant, that situates it within his theory of judgement as a whole—particularly, with regards to the distinction between the determining and reflecting use of judgement. I argue that practical judgement is a kind of determining judgement, but also one in which reflecting judgement plays a significant role. More specifically, I claim that practical judgement arises from the cooperation of the reflecting power of judgement with the faculty (...) of reason—the former assisting the latter in the application of its principle. I conclude by considering a possible role for feeling in practical judgement. (shrink)

Philosophy is a reflective activity. So perhaps it is unsurprising that many philosophers have claimed that reflection plays an important role in shaping and even improving our philosophical thinking. This hypothesis seems plausible given that training in philosophy has correlated with better performance on tests of reflection and reflective reasoning has correlated with demonstrably better judgments in a variety of domains. This article reviews the hypothesized roles of reflection in philosophical thinking as well as the empirical evidence (...) for these roles. This reveals that although there are fairly reliable links between reflection and philosophical judgment among both laypeople and philosophers, the role of reflection in philosophical thinking may nonetheless depend in part on other factors, some of which have yet to be determined. So progress in research on reflection in philosophy may require further innovation in experimental methods and psychometric validation of philosophical measures. (shrink)

Abstract: This paper argues that a central explanatory role for the concept of Umwelt in theoretical biology is to be found in developmental biology, in particular in the effort to understand development as a goal-directed and adaptive process that is controlled by the organism itself. I will reach this conclusion in two (interrelated) ways. The first is purely theoretical and relates to the current scenario in the philosophy of biology. Challenging neo-Darwinism requires a new understanding of the various components involved (...) in natural selection processes. An important prerequisite for the explanation is the ability to understand development in a teleological way. Here, the concept of Umwelt plays a crucial role: if organisms are responsible for generating adaptive variation in specific environments, we need a theory that explains the context-dependent nature of adaptively oriented processes. The Umwelt is thus a central element in determining the goal that an adaptive process pursues. The second path in my analysis also has a historical dimension. I will present Karl Ernst von Baer’s reflections on teleological development and his influence on von Uexküll's thinking. I will present various ideas developed by von Baer, such as the distinction between Ziel and Zweck and the use of musical metaphors, which can help to understand development teleologically and give von Uexküll’s theory a central place in this framework. (shrink)

Stein has characterized one of the central problems in accounting for our knowledge in physics as that of getting the laboratory, or observatory, inside the theory -- that is, of understanding how the mathematical structures of fundamental physical theories have empirical content. He has argued that physicists respond to this problem by giving schematic representations of observers and experiments. In addition, Stein emphasizes the importance of regarding knowledge as an enterprise, with current theories providing guidance for future inquiry. I will (...) explore some ramifications of this way of thinking about the structure of scientific theories for contemporary cosmology. One goal of observational cosmology is to measure the six basic parameters appearing in the standard model of cosmology. These parameters are well-defined if the universe is suitably approximated at some scale by a perturbed FLRW model. The enormous extrapolations involved in the standard model are often justified by the consistent determination of these parameters via a variety of methods. Here I will consider two recent debates regarding this approach to cosmology, inspired by Stein's work. The first debate regards the impact of different ways of characterizing the propagation of light through a cosmological spacetime on the determination of cosmological parameters (such as H_0). The second regards how the highly symmetric FLRW models relate to describing the real universe, at small scales where it is very lumpy. (shrink)

Context: Philosophical and - more recently - empirical approaches to the study of mind have recognized the research of lived experience as crucial for the understanding of their subject matter. Such research is faced with self-referentiality: every attempt at examining the experience seems to change the experience in question. This so-called “excavation fallacy” has been taken by many to undermine the possibility of first-person inquiry as a form of scientific practice. Problem: What is the epistemic character and value of reflectively (...) acquired phenomenological data? Can the study of experience, despite the excavation fallacy, rely on the act of reflection on lived experience and make sense and use of its results? Method: Through a philosophical discourse, informed by empirical first-person inquiry, we explore the experiential structure of the act of reflection and the formation of the corresponding belief about past experience. Results: We present a provisional first-person model of the experiential dynamics of retrospective reflection, in which the reflective act is characterized as enaction of belief about past experience that co-determines - rather than distorts - its results. From a constructivist perspective on the inevitable interdependence between the act of observing and the observed, the excavation “fallacy” is recognized as an intrinsic characteristic of reflection. Reflection is described as an iterative, self-referential process, guided by a context- and subject-specific horizon of expectations. Implications: Knowing the characteristics of the formation of beliefs about experience is essential for understanding first-person data and for the possibility of their acquisition and use in scientific practice, particularly in the context of second-person approaches to the study of experience. Constructivist content: We relate the proposed understanding of reflection to constructivist epistemology and argue that constructivism provides an epistemological foundation for the empirical study of experience more suitable than the traditional epistemological objectivism of cognitive science. We suggest that the constructive nature of the process of reflection calls for a collaboration between the fields of constructivism, phenomenology, and first-person research, and points towards the potential for their mutual enrichment. (shrink)

We contest the unsubstantiated assumption of both materialists and non-materialist that the ontological status they propose applies to all humans and that the competing claim is false for all - ie we reject both the claim of non-materialists that all humans share the same fundamental aspect of having a "non-material consciousness" (nmc), as well as the contrasting claim of materialists that none do (being fully material as according to eliminative materialists/reductive physicalists etc). Instead, the basic proposition of this paper, our (...) ‘ontological conecture’ (OC) - an updated version of our 1998 website article “Mindless Materialists” - is that the central tenets of proponents on both sides are true, but only regarding themselves. A signature feature of nmc is that brains associated to it are capable of knowing of its existence directly, and as a corollary we would propose that if a sophisticated brain does not know it is associated to nmc then most likely this is because it is in fact not so associated. Thus, in accordance with our OC we will consider a brain’s statements on this issue (that it does or does not possess nmc) as not merely its ‘philosophical position’ but as an authoritative statement, a reflection of an ontological fact. Furthermore, we propose that only those who possess nmc are capable of understanding what it is, so that although they are well-qualified to know directly that they themselves possess it, in contrast those who lack nmc and possess only material consciousness (mc) cannot even comprehend what non-materiality means - they will understandably tend to consider it a non-existent absurdity, which contention would be quite correct in a purely-material reality, such as they effectively inhabit. -/- Terminology reflecting ontological status: Since according to our OC those brains which categorize themselves as non-materialists are presumed to indeed be associated to nmc, for usefulness in phraseology we’ll refer to people whose brain is so associated as being nmc’s (not merely “espousing nmc”). Materialists say they are conscious but that theirs is a material consciousness (abbrev: “mc”) , and since according to our OC we accept this self-determination we will refer to them as being “mc’s” or being materialist (not merely “espousing materialism”). -/- Are materialists mindless or are non-materialists delusional? Notoriously, it is impossible to prove that one possesses nmc (which is a sort of corollary to the fact that it is directly self-known) - being non-material, nmc cannot be detected via the scientific method. However just as those with nmc cannot prove they possess it so too one cannot prove or determine via measurement that materialists do not possess it. Nevertheless we feel that our OC is the simplest solution to the conundrum of how there are materialists if a brain can directly sense its associated nmc. In sum, although of course it is impossible to prove that any particular person possesses or lacks nmc, given all the above our OC considers - as stated by the title of this paper - a brain’s self-identification as "materialist" or “non-materialist” (dualist, panpsychist, idealist etc) as reflecting the absence or presence of an associated real non-material awareness/consciousness, rather than merely as a statement of a philosophical stance. An alternative solution is implicit in the above - that all humans possess nmc just that materialists are those whose brains lack the awareness of theirs, or that the brain-aspect which communicates to others has no access to it. -/- Towards developing more constructive dialogue between mc’s/nmc’s, and greater self-confidence and independence among nmc’s in the face of materialist dominance of the intellectual-climate: A large part of the overall paper is devoted to not just pointing out the futility of communication of the sort usually engaged in - ie based on the erroneous underlying assumption that both sides of the debate are ontologically the same - but also suggesting ways to make the debate less frustrating by a recognition of the OC. Greater clarity in discussions can be achieved partly via a deeper understanding of the different meanings the same term might have to nmc’s/mc’s and suggestions relevant the construction of a sort of translation algorithm to utilize in discussions (as a simple example, substituting ‘higher-level cognitive material brain-processes’ for ‘mind’ when that term is used by an mc); by the frank statement by nmc’s engaged in dialogue with mc’s that the existence of nmc is not up for discussion; by learning how the existence of our nmc colors the meaning we give to certain terms in ways we were not aware of, meanings which are absent for mc’s; and in general via the recognition by the nmc that the dialogue is with a person lacking nmc. -/- Perhaps materialists are right: In the interest of ‘reciprocity’, the paper also offers an alternative/opposing view to the central proposition, to the effect that the materialist claim is correct, and it is a defect of brain wiring or structure which is the source of an active illusion of "self-awareness" underlying the philosophical claims of non-materialists. A prospective source of this illusion is offered - an analog of the sense of presence experienced during ‘sleep paralysis’. (shrink)

In this study, we aimed to investigate how prospective science teachers, who participated in a series of explicit-reflective activities for NOS teaching, understood "science in a social and cultural context" in the context of a biographical documentary film. We adopted a phenomenological approach. The data were analyzed descriptively by considering the aspects of nature of science and the levels of understanding as defined in Dilthey's hermeneutic approach. In this way, we determined participants’ levels of hermeneutic understanding regarding the nature of (...) science. The findings show that the participants regarded science within the framework of aspects of the consensus view blended with somewhat authentic interpretations and at a basic level of understanding from the point of view of hermeneutics. This finding highlights the importance of integrating the hermeneutic approach into the teaching process in understanding science. (shrink)

The recent debate on cognitive phenomenology has largely focused on phenomenal aspects connected to the content of thoughts. By contrasts, aspects pertaining to their attitude have often been neglected, despite the fact that they are distinctive of the mental kind of thought concerned and, moreover, also present in experiences and thus less contentious than purely cognitive aspects. My main goal is to identify two central and closely related aspects of attitude that are phenomenologically salient and shared by thoughts with experiences, (...) namely the rational role that they play in our mental lives and their determination by factors external to them, such as external objects or reasons. In particular, I aim to defend Phenomenal Rationalism about judgemental thoughts and perceptual experiences: the view that their phenomenal character reflects their rational role, that is, their capacity to provide and/or respond to reasons. I conclude with some remarks about how this view may be extended to other kinds of th... (shrink)

Interdisciplinary understanding requires integration of insights from different perspectives, yet it appears questionable whether disciplinary experts are well prepared for this. Indeed, psychological and cognitive scientific studies suggest that expertise can be disadvantageous because experts are often more biased than non-experts, for example, or fixed on certain approaches, and less flexible in novel situations or situations outside their domain of expertise. An explanation is that experts’ conscious and unconscious cognition and behavior depend upon their learning and acquisition of a set (...) of mental representations or knowledge structures. Compared to beginners in a field, experts have assembled a much larger set of representations that are also more complex, facilitating fast and adequate perception in responding to relevant situations. This article argues how metacognition should be employed in order to mitigate such disadvantages of expertise: By metacognitively monitoring and regulating their own cognitive processes and representations, experts can prepare themselves for interdisciplinary understanding. Interdisciplinary collaboration is further facilitated by team metacognition about the team, tasks, process, goals, and representations developed in the team. Drawing attention to the need for metacognition, the article explains how philosophical reflection on the assumptions involved in different disciplinary perspectives must also be considered in a process complementary to metacognition and not completely overlapping with it. (Disciplinary assumptions are here understood as determining and constraining how the complex mental representations of experts are chunked and structured.) The article concludes with a brief reflection on how the process of Reflective Equilibrium should be added to the processes of metacognition and philosophical reflection in order for experts involved in interdisciplinary collaboration to reach a justifiable and coherent form of interdisciplinary integration. An Appendix of “Prompts or Questions for Metacognition” that can elicit metacognitive knowledge, monitoring, or regulation in individuals or teams is included at the end of the article. (shrink)

A stubborn problem for reflectance physicalism about color is to account for individual differences in normal trichromat color perception. The identification of determinate colors with physical properties of visible surfaces in a universal, perceiver-independent way is challenged by the observation that the same surfaces in identical viewing conditions often look different in color to different human subjects with normal color vision. Recently, leading representatives of reflectance physicalism have offered some arguments to defend their view against the individual differences challenge. In (...) this paper I challenge their defense. I argue thateven though individual differences are present in shape perception as well as in color perception, the mechanisms of shape perception and those of color perception differ in ways which make them completely different regarding their evidential status for certain identity claims. Thus comparing color perception to shape perception offers no support for identifying hues with reflectances. On the other hand, drawing a parallel between the temperature-mean kinetic energy of molecules (MKE) identification and the proposed hue-reflectance identities is no support for reflectance physicalism either, since there is an important disanalogybetween the two cases. While individual differences obtain in color perception, the effects of temperature (e.g., melting, thermal expansion) do not exhibit analogous variation, which makes the temperature-MKE identification unproblematic compared to the hue-reflectance identification. One motivation for this ongoing debate is that the success or failure of reflectance physicalism has far-reaching consequences regarding externalist theories of phenomenal consciousness. (shrink)

A philosophical exploration is presented that considers entities such as atoms, electrons, protons, reasoned (in existing physics theories) by induction, to be other than universal building blocks, but artifacts of a sociological struggle that in elemental description is identical with that of all processes of matter and energy. In a universal context both men and materials, when stressed, struggle to accomplish/maintain the free state. The space occupied by cognition, inferred to be the result of the inequality of spaces, is an (...) integral component of both processes and process interpretation; arbitration space, ubiquitous throughout nature, occurred to a vast number of vastnesses, a manifestation of the existence of time dependent mass/number/amount, is argued to be located to the same judging criteria with which principles are determined for sociological purposes: the processes of mind are determined (excuse the pun) to occur as a free state that is reflectively equal to what is construed by the intellect as universe. Scientifically determined states are not free states. (shrink)

I examine the claim that the underlying importance given to freedom within a society's scheme of values varies with historical circumstance and social context (I shall sometimes call this the "relativist claim"). The point of the examination will be to attempt to determine the manner in which, and the extent to which, this claim really endangers the liberal argument, which seems to suggest that freedom is valuable everywhere and always. It will be seen that several apparent challenges may be dismissed, (...) since for one reason or another they do not really threaten traditional liberalism. When these apparent (but non-threatening) challenges are pared away from the relativist claim, it will be seen that the remaining threat is on the one hand weaker, and on the other hand more dubious, than might have been supposed at first. This rather formal work will then set the stage for a proffered definition of the sort of "freedom" that is at stake in this discussion, and for my own attempt to offer answers to the questions about the value of freedom that I raise. (shrink)

Despite increased philosophical and psychological work on practical wisdom, contemporary interdisciplinary wisdom research provides few specifics about how to develop wisdom (Kristjánsson 2022). This lack of practically useful guidance is due in part to the difficulty of determining how to combine the tools of philosophy and psychology to develop a plausible account of wisdom as a prescriptive ideal. Modeling wisdom on more ordinary forms of expertise is promising, but skill models of wisdom (Annas 2011; De Caro et al. 2018; Swartwood (...) 2013b; Tsai 2023) have been challenged on the grounds that there are important differences between wisdom and expert skills (Hacker-Wright 2015, p. 986; Kristjánsson 2015, pp. 98, 101; Stichter 2015, 2016, 2018). I’ll argue that we can both vindicate the promise of skill models of wisdom and begin to specify practically useful strategies for wisdom development by attending to a reflective process that I call Case-Based Critical Reflection. I begin by demonstrating the process as it arose in a notable example from everyday life, illustrating how the process can be usefully applied to a case study of interest to wisdom scientists, and explaining its philosophical pedigree. After isolating the key features that make it relevant to wisdom development, I argue that attending to the importance of Critical Reflection can defuse prominent objections to skill models of wisdom. (shrink)

On 17 February 2008, the province of Kosovo formally declared its independence from Serbia. The most important normative theories of secession - choice theories and just cause theories - appear to justify the creation of a second Albanian state on the Balkans. Kosovo’s independence reflects the will of the vast majority of its inhabitants and can be seen as a remedy for grave human rights violations in the era of Slobodan Milosevic. Two problems, however, need to be thoroughly discussed. Firstly, (...) the secession of Kosovo may establish a precedent for other separatist conflicts and contribute to the destabilization of south-east Europe and other world regions. Secondly, the new political authorities in Pristina may not be capable to protect the Serb minority against discrimination and repression. It is argued that both problems give no conclusive reasons to reject Kosovo’s claim for independence. However, some aspects of the secession, for instance the maintenance of the provincial borders, are considered to be illegitimate. (shrink)

Sleep onset is associated with marked changes in behavioral, physiological, and subjective phenomena. In daily life though subjective experience is the main criterion in terms of which we identify it. But very few studies have focused on these experiences. This study seeks to identify the subjective variables that reflect sleep onset. Twenty young subjects took an afternoon nap in the laboratory while polysomnographic recordings were made. They were awakened four times in order to assess subjective experiences that correlate with the (...) (1) appearance of slow eye movement, (2) initiation of stage 1 sleep, (3) initiation of stage 2 sleep, and (4) 5 min after the start of stage 2 sleep. A logistic regression identified control over and logic of thought as the two variables that predict the perception of having fallen asleep. For sleep perception, these two variables accurately classified 91.7% of the cases; for the waking state, 84.1%. (shrink)

This paper considers an argument from Rosenberg (Thinking about Knowing, 2002) that truth is not and cannot be the aim of belief. Here, I reconstruct what I take to be the most well worked out version of this idea tracing back to Rorty and Davidson. In response, I also distinguish two things the truth-aim could be: a goal regulating our executable epistemic conduct and an end which determines the types of evaluation, susceptibility to which is partially constitutive of what a (...) belief is. (shrink)

Definition of the problem The umbrella term “explicability” refers to the reduction of opacity of artificial intelligence (AI) systems. These efforts are challenging for medical AI applications because higher accuracy often comes at the cost of increased opacity. This entails ethical tensions because physicians and patients desire to trace how results are produced without compromising the performance of AI systems. The centrality of explicability within the informed consent process for medical AI systems compels an ethical reflection on the trade-offs. (...) Which levels of explicability are needed to obtain informed consent when utilizing medical AI? Arguments We proceed in five steps: First, we map the terms commonly associated with explicability as described in the ethics and computer science literature, i.e., disclosure, intelligibility, interpretability, and explainability. Second, we conduct a conceptual analysis of the ethical requirements for explicability when it comes to informed consent. Third, we distinguish hurdles for explicability in terms of epistemic and explanatory opacity. Fourth, this then allows to conclude the level of explicability physicians must reach and what patients can expect. In a final step, we show how the identified levels of explicability can technically be met from the perspective of computer science. Throughout our work, we take diagnostic AI systems in radiology as an example. Conclusion We determined four levels of explicability that need to be distinguished for ethically defensible informed consent processes and showed how developers of medical AI can technically meet these requirements. (shrink)

Recently, an increasing number of scholars have been showing interest in old-fashioned racism again. While recent studies on old-fashioned racism apparently increase our knowledge of this psychological theory of racism, the studies actually shed light on a different type of racism, namely offensive racism. The aim of this text is to argue that psychological theories of racism, like old-fashioned racism and modern racism, depend on societies’ social norms. I will show that questionnaires are highly sensitive to social norms, and if (...) there is change in social norms, the original measurement object alters. The theory of old-fashioned racism implicitly assumes agents that follow (or conform to) the social norm to behave prejudiced. Today, however, this social norm does not exist in Western societies. If agents express the same prejudices today, they indicate their willingness to breach the social norm to behave unprejudiced. Thereby, classic old-fashioned racism measures reflect a new kind of racism today. (shrink)

This investigation concerns first what Jacques Derrida and Paul Ricœur consider to be «the question of writing» in Plato’s Phaedrus, and then whether their conception of a general philosophical problem of writing finds support in the dialogue. By contrast to their attempts to «determine» the «status» of writing as the general condition of knowledge, my investigation has two objections. (1) To show that Plato’s concern is not to define writing, but to reflect on what is involved in honest and dishonest (...) inquiry. (2) To argue that Derrida’s and Ricœur’s determination of the instrumental (epistemic and moral) «status» of writing, overlooks crucial difficulties of dishonest writing that Plato’s discussion of the pharmakon reveals. The argument proposed is that honest and dishonest inquiry is not tied to the moral status that writing, as an invention or instrument, unconditionally involves, but to the moral quality of what a human being does when inquiring. (shrink)

This paper presents 59 new studies (N = 72,310) which focus primarily on the “bat and ball problem.” It documents our attempts to understand the determinants of the erroneous intuition, our exploration of ways to stimulate reflection, and our discovery that the erroneous intuition often survives whatever further reflection can be induced. Our investigation helps inform conceptions of dual process models, as “system 1” processes often appear to override or corrupt “system 2” processes. Many choose to uphold their (...) intuition, even when directly confronted with simple arithmetic that contradicts it – especially if the intuition is approximately correct. (shrink)

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic event may (...) seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (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)

Leibniz proposed the ‘Most Determined Path Principle’ in seventeenth century. According to it, ‘ease’ of travel is the end purpose of motion. Using this principle and his calculus method he demonstrated Snell’s Laws of reflection and refraction. This method shows that light follows extremal (local minimum or maximum) time path in going from one point to another, either directly along a straight line path or along a broken line path when it undergoes reflection or refraction at plane or (...) spherical (concave or convex) surfaces. The extremal time path avoided the criticism that Fermat’s least time path was subjected to, by Cartesians who cited examples of reflections at spherical surfaces where light took the path of longest time. Thereby it became the standard method of demonstration of Snell’s Laws. Ptolemy’s theorem is a fundamental theorem in geometry. A special case of it offers a method of finding the minimum sum of the two distances of a point from two given fixed points. We show in this paper that Leibniz’s calculus proof of Snell’s Laws violates Ptolemy’s theorem, whereby Leibniz’s proof becomes invalid. (shrink)

This article describes the peculiarities of the formation and modeling of the enterprise risk management system in modern conditions. The main purpose of the research is further development of theoretical and methodical principles and development of practical recommendations aimed at improvement of management of business risks of wholesale enterprises. The critical analysis of literature sources and approaches to solving problems of enterprise risk management testifies to the lack of attention of scientists of the present-day to the investigated problem in the (...) sphere of activity of enterprises of wholesale trade. The urgency of this problem is caused by the existing losses of wholesale companies due to imperfect management as a result of the influence of various business risks. The methodological basis of the research is the system of methods used to obtain the final results: theoretical generalization, scientific abstraction and comparison – to deepen the essence of the concept of "business risk"; analysis and synthesis, grouping – for classification of business risks in the sphere of wholesale trade; methods of analysis, synthesis and logical generalization – to obtain conclusions during determination of the state and problems of realization of business activity in the sphere of wholesale trade of enterprises of Ukraine; systematic approach – for improvement of system of management of business risks of enterprises of wholesale trade on the basis of commercial values. The object of the research is the business risk in the wholesale trade environment. In the article the further development of the risk-based apparatus has been made, the negative consequences of the impact of business risks on the activities of the wholesale trade enterprises have been clarified, the enterprise risk management system of the enterprises has been built, which will reflect an integrated approach to its realization, practical recommendations on the formation of a model of management of business risks of the wholesale trade enterprises on the basis of commercial values. The results of the survey can be useful for business structures, which are focused on improving the management of business risks. (shrink)

In recent years, several philosophers - including Joshua Gert, Douglas Portmore, and Elizabeth Harman - have argued that there is a sense in which morality itself does not treat moral reasons as consistently overriding.2 My aim in the present essay is to develop and extend this idea from a somewhat different perspective. In doing so, I offer an alternative way of formalizing the idea that morality is modest about the weight of moral reasons in this way, thereby making more explicit (...) the connections between this thesis and similar issues in the epistemic sphere. In addition, I discuss how these ideas can transform our thinking about familiar questions in ethics such as the nature of self-effacement, the significance of reflective endorsement, the weight that moral reasons ought to be given in all things consideration, and the plausibility of “indirect” moral theories. Finally, I show that these ideas are compatible even with pictures of morality – such as Kant’s – on which morality might seem to anything but modest about its own importance. In doing so, I stress that it is possible to see morality as modest about the weight of specifically moral reasons, while also seeing all practical reasons as grounded in morality more indirectly – namely, by seeing morality as determining the weight that both moral and non-moral considerations deserve to have in all things considered deliberation. (shrink)

Current controversies about knowledge integration reflect conflicting ideas of what it means to “take Indigenous knowledge seriously”. While there is increased interest in integrating Indigenous and Western scientific knowledge in various disciplines such as anthropology and ethnobiology, integration projects are often accused of recognizing Indigenous knowledge only insofar as it is useful for Western scientists. The aim of this article is to use tools from philosophy of science to develop a model of both successful integration and integration failures. On the (...) one hand, I argue that cross-cultural recognition of property clusters leads to an ontological overlap that makes knowledge integration often epistemically productive and socially useful. On the other hand, I argue that knowledge integration is limited by ontological divergence. Adequate models of Indigenous knowledge will therefore have to take integration failures seriously and I argue that integration efforts need to be complemented by a political notion of ontological self-determination. (shrink)

This is a challenge to one of the cen-tral interpretational theses that Cirne-Lima de-fends on Hegel: that we should read “contradic-tion” as “contrariety”. At first, I reconstruct Cirne-Lima’s interpretation and raise two cri-tiques: (I) Cirne-Lima ignores the origin of the concept “contradiction” as applied to statements of conceptual identity; (ii) Cirne-Lima only pays attention to one type of incompatibility involved in the “negation” that constitutes contradiction and forgets Hegel’s thesis on the “bound return to the ground”. In the final parts (...) of my paper, I dis-cuss the consequences of Cirne-Lima’s interpre-tation. The consequence of (i) is the development of an interpretation that doesn’t regard anything beyond what Hegel calls “external reflection” (“isof predication”) and ignores the role of “contra-diction” in “inner reflection” (“is of identity”). That of (ii) is the interpretation of “contradiction” as a mere “play of opposites”. I suggest that this last constraint is analogous to what Brandom calls “material incompatibility” and completely misses one of the main dimensions of Hegel’s “negative”: self-reference. To support my argu-ment (i) I rely on Pippin's remarks on the Logic of Essence and, in the case of (ii), Henrich’s the-sis, which Bordignon followed to criticize Bran-dom, that to be self-referential is a constitutive di-mension of “determinate negation”. (shrink)

(English:) This contribution attempts a first non-normative approach to the problem of the classic, its definition and its meaning in an age of globalization. It reviews a series of common representations of the classic (and other analogous or contrary terms), stressing the programmatic-ideological aspect that generally characterizes them. Classic, actually, tends to be a foundational category, and therefore rests on delimitations that determine its exclusiveness as opposed to something else. This paper, in particular, criticizes the last boundary of the exclusivity (...) of the classic, that is, its normative opposition to fashion and actuality. On the contrary, it is argued that there is a substantial link between classic, actuality and fashion. On the basis of this connection, two deflationary definitions of the classic are proposed: the first regards it as part of the broader process of construction of historical identity by concrete individuals. The second, on the other hand, conceives it as a product of art, and, therefore, of a formative process of abilities, skills, taste, by which the classic becomes the object of technical, aesthetic and teleological judgments. -/- (Spanish:) En esta contribución se intenta una primera aproximación no normativa al problema del clásico, su definición y su significado en una era de globalización. Se revisa una serie de representaciones comunes sobre lo clásico (y otros términos análogos o contrarios), se destaca el aspecto programático-ideológico que por lo general las caracteriza. Clásico, en efecto, tiende a ser una categoría fundacional, por lo cual se apoya en delimitaciones que determinan su exclusividad por oposición a otra cosa. En este trabajo, en particular, se critica la última frontera de la exclusividad de lo clásico, es decir, su oposición normativa a la moda y la actualidad. Por el contrario, se argumenta que existe un vínculo sustancial entre el clásico, la actualidad y la moda. A partir de esta conexión, se proponen dos definiciones deflacionarias del clásico: la primera lo considera parte del proceso más amplio de construcción de la identidad histórica por parte de individuos concretos. El segundo, en cambio, lo concibe como un producto del arte, y, por tanto, de un proceso de formación de competencias, habilidades, gusto, por el cual el clásico se convierte en objeto de juicios técnicos, estéticos y teleológicos. (shrink)

In _The Sources of Normativity_, Christine M. Korsgaard argues that unconditional obligation can be accounted for in terms of practical identity. My argument in this paper is that practical identity cannot play this foundational role. More specifically, I interpret Korsgaard's argument as beginning with something analogous to Kant's fact of reason, viz. with the fact that our minds are reflective. I then try to show that her determination of this fact is inadequate and that this causes the argument concerning practical (...) identity to fail. Finally, I argue that a conception of the fact of reason more in line with what I take to be Kant's own is necessary to account for unconditional obligation. (shrink)

What method should we use to determine the nature of perceptual experience? My focus here is the Kantian thought that transcendental arguments can be used to determine the nature of perceptual experience. I set out a dilemma for the use of transcendental arguments in the philosophy of perception, one which turns on a comparison ofthe transcendental method with the first-personal method of early analytic philosophy, and with the empirical methods of much contemporary philosophy of mind. The transcendental method can avoid (...) this dilemma only if it commits to our possessing a capacity for imaginative reflection, one which is capable of identifying certain formal properties of experience.This result indicates some of the commitments which must be made if transcendental arguments are to be used in the philosophy of perception, and it has implications for those views that take the philosophy of perception to be autonomous of the empirical science of perception. (shrink)

Research on epistemic circularity has focused more on the problem of whether circular arguments are able to justify their conclusions rather than on the nature of circularity itself, and has kept a sharp delimitation from other types of circularities (logical, linguistic, and of definition). In this paper, I aim to move the focus toward the general concept of circularity, which I relate to the concept of ‘epistemic worry’. Through a brief overview on the known types of circularities, I show that (...) circularity has multiple natures (not only that associated with its type), and the linguistic aspect is essential in qualifying a construct as circular, which in turn raises the problem of genuineness of a circularity. Within an extensional approach, I suggest generalizing the meaning of the key epistemological terms referred to in the classical definition of epistemic circularity to also cover additional associated concepts specific to other theoretical disciplines beyond epistemology. The proposed concepts and ideas are reflected in a structural unificatory account of circularity in terms of epistemic determination, which raises a challenge to the relational accounts of determination in regard to the transitivity of the determination relation. (shrink)

Every time we perceive the scent of an end, we are summoned to position ourselves, to express what has been, what is our condition and what is to come. Ours is, certainly the time of the end of times. A time in which the end has become the void center around which we revolve. Philosophy only speaks when there is a limit at stake: a beginning, an end, a border, a frontier. And yet, there is no measure anymore to determine (...) what is actuality or the present, what is contemporary. Time is fragmented as well as space. There is a multiplicity of time scales (cosmic, planetary, human, cultural, personal) and velocities (the human body, our cars and trains, information), but also of subjective appropriations (what is urgent, what should come first, how much time do we have left). There is no “fundamental” difference between life-time and clock-time. There are several clocks and several lives. There is also a multiplicity of space scales (elemental particles, molecules, living organisms, living collectives, all living-species), different modes (continuous, discontinuous, with borders, infinite, homogeneous, non-trivially connected), different subjective relationships to it (earth as our space -be it in terms of Husserl or of Galilei-, the cultural world-worlds, my city, my house, my body). Far is the possibility of fixing a last instance or a fundamental scale, the possibility of a whole in which we could univocally place the particulars, or the chance of finding the last constituents of being (the atoms: physical, logical, metaphysical, social, etc.). (shrink)

The goal of this paper is to suggest that theoretical thinking with respect to metaphysical determinations or indeterminations is not the appropriate realm for attributing moral responsibility. On the contrary, judgments that attribute moral responsibility (S is responsible for...) depend on the possibility that a rational narrative be built. Agents are capable of forging their future actions, as well as of reflecting upon past actions. With this it will also be shown how we assume control of our behavior because (...) we ignore whether actions are the result of causality or chance. It is claimed that contexts determine the degree of causal demand in narratives that attribute moral responsibility. In order to construct this type of narrative one must focus on a specific link in the causal chain of explanations. If context alone is not demanding enough so as to require that theoretical reflections strive for the ultimate foundation of our actions, then the agent may be considered responsible for his behavior. (shrink)

Wayne Martin and colleagues argue that decisions about patients’ best interests must sometimes take into account the interests of others Doctors often find themselves in circumstances where they must make decisions on behalf of an incapacitated patient. As a matter of both ethics and law, such decisions must be taken in the best interests of the patient, but uncertainty remains about what is meant by best interests, especially in relation to the interests of others. Should the interests of others enter (...) into a determination of the patient’s best interests? We believe that they should and argue against a recent trend to focus solely on the patient. It only takes a moment’s reflection to appreciate that the interests of one person are often wrapped up with the interests of others. A patient has an interest in recovering from her illness, but so do her family, employer, care providers, etc. Sometimes these various interests can be independently specified, but in other cases they are inextricably intertwined. Suppose that I am a single parent whose overriding interest is to ensure the wellbeing of my children. In that case the proper specification of my best interest is a function of theirs; I simply cannot determine the one without considering the other. This can create an ethical problem in medical decision making. In circumstances where medical staff must make a decision in the best interests of an incapacitated patient, to what extent can or should they take account of the interests of other people whose lives are affected by the outcome? These ethical issues have taken on a concrete legal shape in the UK with the implementation of the Mental Capacity Act 2005, which specifies that, “An act done, or decision made, under this Act for or on behalf of a person who lacks capacity …. (shrink)

In this paper it is argued that functional role semantics can be saved from criticisms, such as those raised by Putnam and Fodor and Lepore, by indicating which beliefs and inferences are more constitutive in determining mental content. The Scylla is not to use vague expressions; the Charybdis is not to endorse the analytic/synthetic distinction. The core idea is to use reflective equilibrium as a strategy to pinpoint which are the beliefs and the inferences that constitute the content of a (...) mental state. The beliefs and the inferences that are constitutive are those that are in reflective equilibrium in the process of attributing mental states to others. (shrink)

Advancements in modern “post-classical narratology” have undergone unprecedented growth in the last two decades, giving rise to various directions of narratological research within the cognitive and diachronic domains. One such approach is biosemiotics, which appeared at the crossroads of semiotics and cultural biology and combines a set of definitions for meaning-making and agency construction in philosophy, linguistics, culture, and all complex systems. Agency here represents any kind of subject activity (e.g., epistemic, cognitive, etc.) that can be determined by the indices (...) and icons of subjectivity at the level of the storyline development and then compared at the level of the discourse. From the biosemiotic approach, the narrative discourse as a complex system is characterised by the meaning emergence and telic behavior of all its constituent parts striving at closure and a certain goal, i.e., having some agenda. Thus, the agency is supplementary to the acting of the self-reflecting subject in terms of intentionality, self-referentiality, and self-governing activity. Following the above definition of agency, this paper examines the possible ways of applying Peircian triadic sign theory to narrative agency construction in the contemporary novel “Asymmetry” (2018) by Lisa Halliday, operating with the notions of bodily and biosemiotic agency. Seeing subjectivity related to perspective-taking in the narrative discourse, it is important to trace the distribution of the icons and indexes of subjectivity on three levels: semantic, syntactic, and pragmatic. (shrink)

Understanding choice of family planning provider is fundamental for policy makers and program managers as they seek ways to both improve the coverage and increase the sustainability and efficiency of family planning services for Egypt to achieve its population objectives. This study focuses first on providing a descriptive profile of the patterns of reliance on sources of family planning services during the early 2000s. Binomial logit models are then estimated to obtain a more in depth understanding of the determinants of (...) the choice of family planning providers in Egypt using the 2000 Egypt Demographic and Health Survey. The study offers insights into a number of aspects of family planning service provision about which there has been less previous investigation. There are marked differences in the extent to which Egyptian women rely on public or private providers for family planning services depending on the type of method they are seeking. Among the more important findings is the consistency women display in the choice of provider among women reporting multiple segments of use. With regard to the determinants of the choice of provider for family planning services, perhaps the most interesting finding is that household wealth was not a significant determinant of the choice of provider. This may reflect that private sources met the demand for family planning services of significant proportions of women in rural areas and among those in the low income groups. (shrink)

It is becoming increasingly difficult for those who engage in ethical analysis to ignore evolution and neuroscience. The kind of creature that we are and that we have evolved to be matters when determining how we ought to live. There is still a need to aim for a reflective equilibrium that includes reflection over not straightforwardly empirical issues. It would, for example, be inaccurate to say that "good" just means "highly evolved." But it does turn out to be the (...) case that many questions pivotal to ethical theorizing are straightforwardly empirical. And, to a large extent, ethics can be treated as a kind of applied science, one that aims to encourage personal and social flourishing. Of course just what counts as "flourishing" is a matter that will also require a healthy dose of reflective equilibrium. Be that as it may, the best philosophers of the 21st century do what the best philosophers of previous centuries did: they draw upon the resources available to them during the era in which they work. In this era that includes evolutionary biology and neuroscience. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...) principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)