As a way to make medical decisions, Evidence-Based Medicine (EBM) has failed. EBM's failure arises from not being founded on real-world decision-making. EBM aspires to a scientific standard for the best way to treat a disease and determine its cause, but it fails to recognise that the scientific method is inapplicable to medical and other real-world decision-making. EBM also wrongly assumes that evidence can be marshaled and applied according to an hierarchy that is determined in an argument by authority to (...) the method by which it has been obtained. If EBM had valid theoretical, practical or empirical foundations, there would be no hierarchy of evidence. In all real-world decision-making, evidence stands or falls on its inherent reliability. This has to be and can only be assessed on a case-by-case basis applying understanding and wisdom against the background of all available facts—the "factual matrix." EBM's failure is structural and was inevitable from its inception. EBM confuses the inherent reliability and probative value of evidence with the means by which it is obtained. -/- EBM is therefore an ad hoc construct and is not a valid basis for medical decision-making. This is further demonstrated by its exclusion of relevant scientific and probative real-world decision-making evidence and processes. It draws upon a narrow evidence base that is itself inherently unreliable. It fails to take adequate account of the nature of causation, the full range of evidence relevant to its determination, and differing approaches to determining cause and effect in real-world decision-making. EBM also makes a muddled attempt to emulate the scientific method and it does not acknowledge the role of experience, understanding and wisdom in making medical decisions. (shrink)

Medicine, like law, is a pragmatic, probabilistic activity. Both require that decisions be made on the basis of available evidence, within a limited time. In contrast to law, medicine, particularly evidence-based medicine as it is currently practiced, aspires to a scientific standard of proof, one that is more certain than the standards of proof courts apply in civil and criminal proceedings. But medicine, as Dr. William Osler put it, is an "art of probabilities," or at best, a "science of uncertainty." (...) One can better practice medicine by using other evidentiary standards in addition to the "scientific." To employ only the scientific standard of proof is inappropriate, if not impossible; furthermore, as this review will show, its application in medicine is fraught with bias. Evidence is information. It supports or undermines a proposition, whether a hypothesis in science, a diagnosis in medicine, or a fact or point in question in a legal investigation. In medicine, physicians marshal evidence to make decisions on how to best prevent, diagnose, and treat disease, and improve health. In law, courts decide the facts and render justice. Judges and juries assess evidence to establish liability, to settle custody and medical issues, and to determine a defendant's guilt or innocence. (shrink)

ABSTRACT: Abstract Most modern knowledge is not science. The physical sciences have successfully validated theories to infer they can be used universally to predict in previously unexperienced circumstances. According to the conventional conception of science such inferences are falsified by a single irregular outcome. And verification is by the scientific method which requires strict regularity of outcome and establishes cause and effect. -/- Medicine, medical research and many “soft” sciences are concerned with individual people in complex heterogeneous populations. These populations (...) cannot be tested to demonstrate strict regularity of outcome in every individual. Neither randomised controlled trials nor observational studies in medicine are science in the conventional conception. Establishing and using medical and other “soft science” theories cannot be scientific. It requires conceptually different means: requiring expert judgement applying all available evidence in the relevant available factual matrix. -/- The practice of medicine is observational. Prediction of outcomes for the individual requires professional expertise applying available medical knowledge and evidence. Expertise in any profession can only be acquired through experience. Prior cases are the fundament of knowledge and expertise in medicine. Case histories, studies and series can provide knowledge of extremely high reliability applicable to establishing reliable general theories and falsifying others. Their collation, study and analysis should be a priority in medicine. Their devaluation as evidence, the failure to apply their lessons, the devaluation of expert professional judgement and the attempt to emulate the scientific method are all historic errors in the theory and practice of modern medicine. (shrink)

Scholarly processes play a pivotal role in discovering, challenging, improving, advancing, synthesizing, codifying, and disseminating knowledge. Since the 17th Century, both the quality and quantity of knowledge that scholarship has produced has increased tremendously, granting academic research a pivotal role in ensuring material and social progress. Artificial Intelligence (AI) is poised to enable a new leap in the creation of scholarly content. New forms of engagement with AI systems, such as collaborations with large language models like GPT-3, offer affordances that (...) will change the nature of both the scholarly process and the artifacts it produces. (shrink)

Throughout the biological and biomedical sciences there is a growing need for, prescriptive ‘minimum information’ (MI) checklists specifying the key information to include when reporting experimental results are beginning to find favor with experimentalists, analysts, publishers and funders alike. Such checklists aim to ensure that methods, data, analyses and results are described to a level sufficient to support the unambiguous interpretation, sophisticated search, reanalysis and experimental corroboration and reuse of data sets, facilitating the extraction of maximum value from data sets (...) them. However, such ‘minimum information’ MI checklists are usually developed independently by groups working within representatives of particular biologically- or technologically-delineated domains. Consequently, an overview of the full range of checklists can be difficult to establish without intensive searching, and even tracking thetheir individual evolution of single checklists may be a non-trivial exercise. Checklists are also inevitably partially redundant when measured one against another, and where they overlap is far from straightforward. Furthermore, conflicts in scope and arbitrary decisions on wording and sub-structuring make integration difficult. This presents inhibit their use in combination. Overall, these issues present significant difficulties for the users of checklists, especially those in areas such as systems biology, who routinely combine information from multiple biological domains and technology platforms. To address all of the above, we present MIBBI (Minimum Information for Biological and Biomedical Investigations); a web-based communal resource for such checklists, designed to act as a ‘one-stop shop’ for those exploring the range of extant checklist projects, and to foster collaborative, integrative development and ultimately promote gradual integration of checklists. (shrink)

Considered in light of the reader’s expectation of a thoroughgoing criticism of the pretensions of the rational psychologist, and of the wealth of discussions available in the broader 18th century context, which includes a variety of proofs that do not explicitly turn on the identification of the soul as a simple substance, Kant’s discussion of immortality in the Paralogisms falls lamentably short. However, outside of the Paralogisms (and the published works generally), Kant had much more to say about the (...) arguments for the soul’s immortality as he devoted considerable time to the topic throughout his career in his lectures on metaphysics. In fact, as I show in this paper, the student lecture notes prove to be an indispensable supplement to the treatment in the Paralogisms, not only for illuminating Kant’s criticism of the rational psychologist’s views on the immortality of the soul, but also in reconciling this criticism with Kant’s own positive claims regarding certain theoretical proofs of immortality. (shrink)

In light of the problem of logical omniscience, some scholars have argued that belief is question-sensitive: agents don't simply believe propositions but rather believe answers to questions. Hoek (2022) has recently developed a version of this approach on which a belief state is a "web" of questions and answers. Here, we present several challenges to Hoek's question-sensitive account of belief. First, Hoek's account is prone to very similar logical omniscience problems as those he claims to address. Second, the link (...) between belief and action he proposes is too rigid. We close by sketching a generalization of the account that can meet these challenges. (shrink)

This chapter offers a new criticism of the Mind argument that is both decisive and instructive. It introduces a plausible principle (γ) that places a requirement on one’s having a choice about an event whose causal history includes only other events. Depending on γ’s truth-value, the Mind argument fails in such a way that one or the other of the two main species of libertarianism is the best approach to the metaphysics of freedom. Libertarians argue the compatibility of freedom and (...) indeterminism, and their biggest obstacle is the Mind argument that argues an incompatibility between the two. The chapter aims to build a case for the truth of γ, and so for nonreductive libertarianism. This is achieved by defending it from the best objections that have been brought to light, thereby emphasizing γ’s prima facie plausibility. (shrink)

Berkeley says both that one sometimes immediately perceives the same thing by sight and touch, and that one never does. To solve the contradiction I recommend and explain a distinction Berkeley himself makes—between two uses of ‘same’. This solution unifies two seemingly inconsistent parts of Berkeley’s whole project: He argues both that what we see are bits of light and color organized into a language by which God speaks to us about tactile sensations, and yet that we directly see (...) ordinary objects. My solution explains how these can come to the same thing. (shrink)

Our starting point is the question ‘What is mass’, what in particular enables mass to constitute duration: so that mass can be regarded as moving as well as at rest (the kinematic principle of relativity). In a thought experiment, this question is attacked here not from the perspective of mass itself, but from that of a standing light wave. In this model, mass-analogous structures can be re- constructed that can be in relative motion to each other. The (empirically known) (...) constancy of the speed of light in every reference system is not as- sumed here. However, it can be shown that the speed of light is identical in all systems constituted by mass-analogous structures that move uniformly relative to each other and that the speed of light moreover is the limiting speed of mo- tions. This indepence of the motion of light from the system of reference, this character of absoluteness, and the relativity of mass motions thus prove to be contrary but inextricably linked moments of the kinematic principle of relativi- ty: an interesting perspective concerning a philosophy of relativity theory. - The mathematical relationships are explained in more detail in the appendix. (shrink)

Homeopathic medications are used by millions, and hundreds of millions of dollars are spent on these remedies in the USA alone. In the UK, the NHS covers homeopathic treatments. Nonetheless, homeopathy is held in considerable disrepute by much of the medical and scientific community.Many proponents of homeopathy are well aware of these criticisms but remain unimpressed. The differences of opinion run deep, and the debate seems deadlocked. We aim to shed some light on this situation. We briefly recap some (...) of the major arguments on each side, but we try to go further by making explicit an underlying philosophical presupposition. In particular, we will claim that there is an important principle, which has ancient roots going back at least to Occam, some version of which constrains all empirical reasoning.We call this constraint the simplicity principle.We argue that this is not something specific to a scientific paradigm, but that, all of us, including proponents of homeopathy, are themselves deeply committed to the simplicity principle. However, once the simplicity principle is made explicit and applied to homeopathy, allegiance to homeopathy is clearly seen as irrational. The point is not merely the lack of clinical trials supporting homeopathy; rather, belief in the efficacy of homeopathy leaves a mountain of unexplained mysteries, and thereby flies in the face of the simplicity rule that guides the homeopaths’ own reasoning and arguments. If nothing else, we hope that defenders of homeopathy will gain a greater understanding of why critics are so deeply reluctant to accept the efficacy of homeopathic interventions – and that this reluctance is not mere stubbornness or artificial allegiance to western medicine. Finally, we also hope thereby to illustrate the usefulness of philosophy in unearthing presuppositions in seemingly deadlocked debates. (shrink)

This article presents some overlooked evidence on the reception of John Locke’s writings at Christ Church, Oxford. It is intended to supplement a new article in the History of Universities on the surprisingly positive response to Locke’s Essay Concerning Human Understanding (1689) at that bastion of late seventeenth-century high churchmanship. This evidence sheds new light on: the reception of Epicureanism at that college in the 1650s; Locke’s personal connections at Christ Church; book-holdings of Locke’s writings at the early eighteenth-century (...) college; some unnoticed uses of Locke’s writings by members of Christ Church; the European and North American reception of one Christ Church Lockean; and, the changing trajectory of the later eighteenth-century reception of Locke at that college. (shrink)

Argues that information, in the animal behaviour or evolutionary context, is correlation/covariation. The alternation of red and green traffic lights is information because it is (quite strictly) correlated with the times when it is safe to drive through the intersection; thus driving in accordance with the lights is adaptive (causative of survival). Daylength is usefully, though less strictly, correlated with the optimal time to breed. Information in the sense of covariance implies what is adaptive; if an animal can infer what (...) the information implies, it increases its chances of survival. (shrink)

ArgumentIn the United States, scientific knowledge is brought before the courts by way of testimony – the testimony of scientific experts. We argue that this expertise is best understoodfirstas related to the quality of the underlying scienceand thenin terms of who delivers it. Bloodstain pattern analysis (BPA), a contemporary forensic science, serves as the vaulting point for our exploration of objectivity as a metric for the quality of a science in judicial contexts. We argue that BPA fails to meet the (...) minimal standard set by Helen Longino’s social-procedural account of objectivity (1990, 2002). In light of some pressing issues for social-procedural accounts, we offer an infrastructural account of objectivity. This account offers what amounts to a friendly amendment to Longino’s account and adds to the ways in which we might analyze social-procedural objectivity. Finally, we address an issue that is pressing in the legal context: given that scientific knowledge is delivered by individuals, not communities, at least in U.S. courts, we (may) need a way to evaluate individual scientific and epistemic agents. We suggest a means for making this evaluation that is derived from our infrastructural account of objectivity. (shrink)

This book is about experiential content: what it is; what kind of account can be given of it. I am concerned with identifying and attacking one main view - I call it the inferentialist proposal. This account is central to the philosophy of mind, epistemology and philosophy of science and perception. I claim, however, that it needs to be recast into something far more subtle and enriched, and I attempt to provide a better alternative in these pages. The inferentialist proposal (...) holds that experiential content is necessarily under¬pinned by sophisticated cognitive influences. My alternative, the continuum theory, holds that these influences are relevant to experience only at certain levels of organisation and that at other levels there are contents which such features do not capture at all. Central to my account is that there are degrees to which cognitive influences affect experiential content; indeed, for the most part, experience is an amalgam of both inferential and non-inferential features. I claim that the inferentialist proposal is fundamentally flawed and deserves replacement, and I argue that my alternative fills the hollow that remains. The book is divided into four sections. In Part I, Chapter 1, I introduce two traditionally rival views of experiential content. In Chapter 2, I develop my continuum alternative. Chapter 3 assesses the relationship between experience and language, while Chapter 4 explores the relationship between beliefs and experience. The overall argument is that it has been a mistake to understand experience simply in inferential or non-inferential terms. In Part II, I examine the structure of mental content. Chapter 5 is concerned with the kinds of experiences which escape the inferentialist analysis. Chapter 6 considers Kant’s metaphysic of experience counterpointed to Lorenz’s reading of his work in the light of evolutionary biology. Chapter 7 treats animal experience in relation to the continuum view I am developing, while Chapter 8 reviews Fodor’s contribution to perceptual psychology. It is argued that the view of experiential content being developed is both consistent with empirical data on informationally local perceptual sub-systems, but also accords well with evolutionary theory and a naturalist interpretation of Kant’s taxonomy. Part III deals with inferentialism in the philosophy of science. In Chapter 9, I assess the theory dependence of observation thesis as it is advanced by Paul Feyerabend. I bring out of his account a subtle confusion concerning the importance of inference in the context of scientific inquiry. Part IV deals with the issue of experience in the philosophy of mind. In Chapter 10, I look at Wilfred Sellars’s attack on sense data theories. Chapter 11 confronts Paul Churchland’s treatment of ‘folk psychology’ while Chapter 12 isolates the issue of experiential qualia and the position of property dualism. I offer a critical review of Thomas Nagel’s work in this chapter and claim that his position can be read in a way which is consistent with the continuum account I am developing. I conclude the book in the usual fashion with a summary of the central claims. (shrink)

This thesis is about experiential content: what it is; what kind of account can be given of it. I am concerned with identifying and attacking one main view - I call it the inferentialist proposal. This account is central to the philosophy of mind, epistemology and philosophy of science and perception. I claim, however, that it needs to be recast into something far more subtle and enriched, and I attempt to provide a better alternative in these pages. The inferentialist proposal (...) holds that experiential content is necessarily under¬pinned by sophisticated cognitive influences. My alternative, the continuum theory, holds that these influences are relevant to experience only at certain levels of organisation and that at other levels there are contents which such features do not capture at all. Central to my account is that there are degrees to which cognitive influences affect experiential content; indeed, for the most part, experience is an amalgam of both inferential and non-inferential features. I claim that the inferentialist proposal is fundamentally flawed and deserves replacement, and I argue that my alternative fills the hollow that remains. The thesis is divided into four sections. In Part I, Chapter 1, I introduce two traditionally rival views of experiential content. In Chapter 2, I develop my continuum alternative. Chapter 3 assesses the relationship between experience and language, while Chapter 4 explores the relationship between beliefs and experience. The overall argument is that it has been a mistake to understand experience simply in inferential or non-inferential terms. In Part II, I examine the structure of mental content. Chapter 5 is concerned with the kinds of experiences which escape the inferentialist analysis. Chapter 6 considers Kant’s metaphysic of experience counterpointed to Lorenz’s reading of his work in the light of evolutionary biology. Chapter 7 treats animal experience in relation to the continuum view I am developing, while Chapter 8 reviews Fodor’s contribution to perceptual psychology. It is argued that the view of experiential content being developed is both consistent with empirical data on informationally local perceptual sub-systems, but also accords well with evolutionary theory and a naturalist interpretation of Kant’s taxonomy. Part III deals with inferentialism in the philosophy of science. In Chapter 9, I assess the theory dependence of observation thesis as it is advanced by Paul Feyerabend. I bring out of his account a subtle confusion concerning the importance of inference in the context of scientific inquiry. Part IV deals with the issue of experience in the philosophy of mind. In Chapter 10, I look at Wilfred Sellars’s attack on sense data theories. Chapter 11 confronts Paul Churchland’s treatment of ‘folk psychology’ while Chapter 12 isolates the issue of experiential qualia and the position of property dualism. I offer a critical review of Thomas Nagel’s work in this chapter and claim that his position can be read in a way which is consistent with the continuum account I am developing. I conclude the thesis in the usual fashion with a summary of the central claims. (shrink)

Moral reasoning traditionally distinguishes two types of evil:moral (ME) and natural (NE). The standard view is that ME is the product of human agency and so includes phenomena such as war,torture and psychological cruelty; that NE is the product of nonhuman agency, and so includes natural disasters such as earthquakes, floods, disease and famine; and finally, that more complex cases are appropriately analysed as a combination of ME and NE. Recently, as a result of developments in autonomous agents in cyberspace, (...) a new class of interesting and important examples of hybrid evil has come to light. In this paper, it is called artificial evil (AE) and a case is made for considering it to complement ME and NE to produce a more adequate taxonomy. By isolating the features that have led to the appearance of AE, cyberspace is characterised as a self-contained environment that forms the essential component in any foundation of the emerging field of Computer Ethics (CE). It is argued that this goes someway towards providing a methodological explanation of why cyberspace is central to so many of CE's concerns; and it is shown how notions of good and evil can be formulated in cyberspace. Of considerable interest is how the propensity for an agent's action to be morally good or evil can be determined even in the absence of biologically sentient participants and thus allows artificial agents not only to perpetrate evil (and fort that matter good) but conversely to `receive' or `suffer from' it. The thesis defended is that the notion of entropy structure, which encapsulates human value judgement concerning cyberspace in a formal mathematical definition, is sufficient to achieve this purpose and, moreover, that the concept of AE can be determined formally, by mathematical methods. A consequence of this approach is that the debate on whether CE should be considered unique, and hence developed as a Macroethics, may be viewed, constructively,in an alternative manner. The case is made that whilst CE issues are not uncontroversially unique, they are sufficiently novel to render inadequate the approach of standard Macroethics such as Utilitarianism and Deontologism and hence to prompt the search for a robust ethical theory that can deal with them successfully. The name Information Ethics (IE) is proposed for that theory. Itis argued that the uniqueness of IE is justified by its being non-biologically biased and patient-oriented: IE is an Environmental Macroethics based on the concept of data entity rather than life. It follows that the novelty of CE issues such as AE can be appreciated properly because IE provides a new perspective (though not vice versa). In light of the discussion provided in this paper, it is concluded that Computer Ethics is worthy of independent study because it requires its own application-specific knowledge and is capable of supporting a methodological foundation, Information Ethics. (shrink)

The paper provides a critical review of the debate on the foundations of Computer Ethics (CE). Starting from a discussion of Moor’s classic interpretation of the need for CE caused by a policy and conceptual vacuum, five positions in the literature are identified and discussed: the “no resolution approach”, according to which CE can have no foundation; the professional approach, according to which CE is solely a professional ethics; the radical approach, according to which CE deals with absolutely unique issues, (...) in need of a unique approach; the conservative approach, according to which CE is only a particular applied ethics, discussing new species of traditional moral issues; and the innovative approach, according to which theoretical CE can expand the metaethical discourse with a substantially new perspective. In the course of the analysis, it is argued that, although CE issues are not uncontroversially unique, they are sufficiently novel to render inadequate the adoption of standard macroethics, such as Utilitarianism and Deontologism, as the foundation of CE and hence to prompt the search for a robust ethical theory. Information Ethics (IE) is proposed for that theory, as the satisfactory foundation for CE. IE is characterised as a biologically unbiased extension of environmental ethics, based on the concepts of information object/infosphere/entropy rather than life/ecosystem/pain. In light of the discussion provided in this paper, it is suggested that CE is worthy of independent study because it requires its own application-specific knowledge and is capable of supporting a methodological foundation, IE. (shrink)

The paper provides a critical review of thedebate on the foundations of Computer Ethics(CE). Starting from a discussion of Moor'sclassic interpretation of the need for CEcaused by a policy and conceptual vacuum, fivepositions in the literature are identified anddiscussed: the ``no resolution approach'',according to which CE can have no foundation;the professional approach, according to whichCE is solely a professional ethics; the radicalapproach, according to which CE deals withabsolutely unique issues, in need of a uniqueapproach; the conservative approach, accordingto which CE (...) is only a particular appliedethics, discussing new species of traditionalmoral issues; and the innovative approach,according to which theoretical CE can expandthe metaethical discourse with a substantiallynew perspective. In the course of the analysis,it is argued that, although CE issues are notuncontroversially unique, they are sufficientlynovel to render inadequate the adoption ofstandard macroethics, such as Utilitarianismand Deontologism, as the foundation of CE andhence to prompt the search for a robust ethicaltheory. Information Ethics (IE) is proposed forthat theory, as the satisfactory foundation forCE. IE is characterised as a biologicallyunbiased extension of environmental ethics,based on the concepts of information object/infosphere/entropy rather thanlife/ecosystem/pain. In light of the discussionprovided in this paper, it is suggested that CEis worthy of independent study because itrequires its own application-specific knowledgeand is capable of supporting a methodologicalfoundation, IE. (shrink)

Imaginative resistance (IR) is rejecting a claim that is true within a fictional world. Accounts that describe IR hold that readers exit a fiction at points of resistance. But if resistance entails exiting a fiction, then learning morality from fiction doesn’t occur. But moral learning from fiction does occur; some such cases are instances of accepting a norm one first denied. I amend current solutions to IR with poetic license. The more poetic license granted a work, the more flexible one (...) is regarding perceived falsehoods. Instead of exiting the fiction, one has the chance to stay engaged and possibly learn norms she previously denied. (shrink)

A counteridentical is a counterfactual with an identity statement in the antecedent. While counteridenticals generally seem non-trivial, most semantic theories for counterfactuals, when combined with the necessity of identity and distinctness, attribute vacuous truth conditions to such counterfactuals. In light of this, one could try to save the orthodox theories either by appealing to pragmatics or by denying that the antecedents of alleged counteridenticals really contain identity claims. Or one could reject the orthodox theory of counterfactuals in favor of (...) a hyperintensional semantics that accommodates non-trivial counterpossibles. In this paper, I argue that none of these approaches can account for all the peculiar features of counteridenticals. Instead, I propose a modified version of Lewis’s counterpart theory, which rejects the necessity of identity, and show that it can explain all the peculiar features of counteridenticals in a satisfactory way. I conclude by defending the plausibility of contingent identity from objections. (shrink)

The notion of linguistic geometry is defined in this book. It is pertinent to keep in the record that linguistic geometry differs from classical geometry. Many basic or fundamental concepts and notions of classical geometry are not true or extendable in the case of linguistic geometry. Hence, for simple illustration, facts like two distinct points in classical geometry always define a line passing through them; this is generally not true in linguistic geometry. Suppose we have two linguistic points as tall (...) and light we cannot connect them, or technically, there is no line between them. However, let's take, for instance, two linguistic points, tall and very short, associated with the linguistic variable height of a person. We have a directed line joining from the linguistic point very short to the linguistic point tall. In this case, it is important to note that the direction is essential when the linguistic variable is a person's height. The other way line, from tall to very short, has no meaning. So in linguistic geometry, in general, we may not have a linguistic line; granted, we have a line, but we may not have it in both directions; the line may be directed. The linguistic distance is very far. So, the linguistic line directed or otherwise exists if and only if they are comparable. Hence the very concept of extending the line infinitely does not exist. Likewise, we cannot say as in classical geometry; three noncollinear points determine the plane in linguistic geometry. Further, we do not have the notion of the linguistic area of well-defined figures like a triangle, quadrilateral or any polygon as in the case of classical geometry. The best part of linguistic geometry is that we can define the new notion of linguistic social information geometric networks analogous to social information networks. This will be a boon to non-mathematics researchers in socio-sciences in other fields where natural languages can replace mathematics. (shrink)

I set up two axiomatic theories of inductive support within the framework of Kolmogorovian probability theory. I call these theories ‘Popperian theories of inductive support’ because I think that their specific axioms express the core meaning of the word ‘inductive support’ as used by Popper (and, presumably, by many others, including some inductivists). As is to be expected from Popperian theories of inductive support, the main theorem of each of them is an anti-induction theorem, the stronger one of them saying, (...) in fact, that the relation of inductive support is identical with the empty relation. It seems to me that an axiomatic treatment of the idea(s) of inductive support within orthodox probability theory could be worthwhile for at least three reasons. Firstly, an axiomatic treatment demands from the builder of a theory of inductive support to state clearly in the form of specific axioms what he means by ‘inductive support’. Perhaps the discussion of the new anti-induction proofs of Karl Popper and David Miller would have been more fruitful if they had given an explicit definition of what inductive support is or should be. Secondly, an axiomatic treatment of the idea(s) of inductive support within Kolmogorovian probability theory might be accommodating to those philosophers who do not completely trust Popperian probability theory for having theorems which orthodox Kolmogorovian probability theory lacks; a transparent derivation of anti-induction theorems within a Kolmogorovian frame might bring additional persuasive power to the original anti-induction proofs of Popper and Miller, developed within the framework of Popperian probability theory. Thirdly, one of the main advantages of the axiomatic method is that it facilitates criticism of its products: the axiomatic theories. On the one hand, it is much easier than usual to check whether those statements which have been distinguished as theorems really are theorems of the theory under examination. On the other hand, after we have convinced ourselves that these statements are indeed theorems, we can take a critical look at the axioms—especially if we have a negative attitude towards one of the theorems. Since anti-induction theorems are not popular at all, the adequacy of some of the axioms they are derived from will certainly be doubted. If doubt should lead to a search for alternative axioms, sheer negative attitudes might develop into constructive criticism and even lead to new discoveries. -/- I proceed as follows. In section 1, I start with a small but sufficiently strong axiomatic theory of deductive dependence, closely following Popper and Miller (1987). In section 2, I extend that starting theory to an elementary Kolmogorovian theory of unconditional probability, which I extend, in section 3, to an elementary Kolmogorovian theory of conditional probability, which in its turn gets extended, in section 4, to a standard theory of probabilistic dependence, which also gets extended, in section 5, to a standard theory of probabilistic support, the main theorem of which will be a theorem about the incompatibility of probabilistic support and deductive independence. In section 6, I extend the theory of probabilistic support to a weak Popperian theory of inductive support, which I extend, in section 7, to a strong Popperian theory of inductive support. In section 8, I reconsider Popper's anti-inductivist theses in the light of the anti-induction theorems. I conclude the paper with a short discussion of possible objections to our anti-induction theorems, paying special attention to the topic of deductive relevance, which has so far been neglected in the discussion of the anti-induction proofs of Popper and Miller. (shrink)

In the study of modal and nonclassical logics, translations have frequently been employed as a way of measuring the inferential capabilities of a logic. It is sometimes claimed that two logics are “notational variants” if they are translationally equivalent. However, we will show that this cannot be quite right, since first-order logic and propositional logic are translationally equivalent. Others have claimed that for two logics to be notational variants, they must at least be compositionally intertranslatable. The definition of compositionality these (...) accounts use, however, is too strong, as the standard translation from modal logic to first-order logic is not compositional in this sense. In light of this, we will explore a weaker version of this notion that we will call schematicity and show that there is no schematic translation either from first-order logic to propositional logic or from intuitionistic logic to classical logic. (shrink)

A number of recent historians claim to have defeated what they call the ‘conflict thesis’, the idea that there exists some inevitable conflict between Darwinism and Christianity. This is often thought to be part of a broader ‘warfare thesis’, which posits an inevitable conflict between science and religion. But, all they have defeated is one, relatively uninteresting form of this thesis. There remain other forms of the conflict theses that remain entirely plausible, even in light of the historical record.

This thesis is a study of the notion of time in modern physics, consisting of two parts. Part I takes seriously the doctrine that modern physics should be treated as the primary guide to the nature of time. To this end, it offers an analysis of the various conceptions of time that emerge in the context of various physical theories and, furthermore, an analysis of the relation between these conceptions of time and the more orthodox philosophical views on the nature (...) of time. In Part II I explore the interpretation of nonrelativistic quantum mechanics in light of the suggestion that an overly Newtonian conception of time might be contributing to some of the difficulties that we face in interpreting the quantum mechanical formalism. In particular, I argue in favour of introducing backwards-in-time causal influences as part of an alternative conception of time that is consistent with the picture of reality that arises in the context of the quantum formalism. Moreover, I demonstrate that this conception of time can already be found in a particular formulation of classical mechanics. One might see that one of the central themes of Part II originates from a failure to heed properly the doctrine of Part I: study into the nature of time should be guided by modern physics and thus we should be careful not to insert a preconceived Newtonian conception of time unwittingly into our interpretation of the quantum mechanical formalism. Thus, whereas Part I is intended as a demonstration of methodology with respect to the study of time, Part II in a sense explores a confusion that can be seen as arising in the absence of this methodology. (shrink)

Contemporary natural-language semantics began with the assumption that the meaning of a sentence could be modeled by a single truth condition, or by an entity with a truth-condition. But with the recent explosion of dynamic semantics and pragmatics and of work on non- truth-conditional dimensions of linguistic meaning, we are now in the midst of a shift away from a truth-condition-centric view and toward the idea that a sentence’s meaning must be spelled out in terms of its various roles in (...) conversation. This communicative turn in semantics raises historical questions: Why was truth-conditional semantics dominant in the first place, and why were the phenomena now driving the communicative turn initially ignored or misunderstood by truth-conditional semanticists? I offer a historical answer to both questions. The history of natural-language semantics—springing from the work of Donald Davidson and Richard Montague—began with a methodological toolkit that Frege, Tarski, Carnap, and others had created to better understand artificial languages. For them, the study of linguistic meaning was subservient to other explanatory goals in logic, philosophy, and the foundations of mathematics, and this subservience was reflected in the fact that they idealized away from all aspects of meaning that get in the way of a one-to-one correspondence between sentences and truth-conditions. The truth-conditional beginnings of natural- language semantics are best explained by the fact that, upon turning their attention to the empirical study of natural language, Davidson and Montague adopted the methodological toolkit assembled by Frege, Tarski, and Carnap and, along with it, their idealization away from non-truth-conditional semantic phenomena. But this pivot in explana- tory priorities toward natural language itself rendered the adoption of the truth-conditional idealization inappropriate. Lifting the truth-conditional idealization has forced semanticists to upend the conception of linguistic meaning that was originally embodied in their methodology. (shrink)

David Friedrich Strauss is best known for his mythical interpretation of the Gospel narratives. He opposed both the supernaturalists (who regarded the Gospel stories as reliable) and the rationalists (who offered natural explanations of purportedly supernatural events). His mythical interpretation suggests that many of the stories about Jesus were woven out of pre-existing messianic beliefs and expectations. Picking up this suggestion, I argue that the Gospel writers thought paradigmatically rather than historically. A paradigmatic explanation assimilates the event-to-be- explained to what (...) is thought to be a prototypical instance of divine action. It differs from a historical or scientific explanation insofar as it does not specify the conditions under which it should be applied. It is, therefore, a wonderfully flexible way to understand the present in the light of the past. (shrink)

This paper examines the intersecting of the themes of temporality and truth in Deleuze's philosophy. For the ancients, truth was something eternal: what was true was true in all times and in all places. Temporality (coming to be and passing away) was the realm of the mutable, not the eternal. In the seventeenth century, change began to be seen in a positive light (progress, evolution, and so on), but this change was seen to be possible only because of the (...) immutable laws of nature that govern change. It was not until philosophers such as Bergson, James, Whitehead – and then Deleuze – that time began to be taken seriously on its own account. On the one hand, in Deleuze, time, freed from its subordination to movement, now becomes autonomous: it is the pure form of change (continuous variation) that lies at the basis of Deleuze's metaphysics in Difference and Repetition (and is explored more thematically in The Time-Image). As a result, on the other hand, the false, freed from its subordination to the form of the true, assumes a power of its own (the power of the false), which in turn implies a new ‘analytic of the concept’ that Deleuze develops in What Is Philosophy? (shrink)

When a plaintiff has been negligent in the sense that he should have acted otherwise, should the same criterion of negligence apply that would apply if he were creating risks only to others? Indeed, are there any persuasive reasons not to apply a radically different criterion of negligence? Moreover, should the plaintiff's recovery be diminished, outside the category of assumption of risk, even when the plaintiff has not been negligent? What are the justifiable criteria and limits of such plaintiff strict (...) responsibility? There are reasons for caution before concluding that a victim's self-regarding conduct is negligent. A victim often deserves special sympathy in the light of his special predicament, choosing between two evils, the immediate costs of which he must personally bear. Indeed, it might appear that the law is unfair or unduly onerous when it places significant demands on a victim with respect to his own self-regarding behavior. On the other hand, we should not forget that the victim's “duty” to use reasonable care is merely conditional: it applies only in case the victim seeks a remedy against the tortfeasor. (shrink)

Imagine both that (1) S1 is deliberating at t about whether or not to x at t' and that (2) although S1’s x-ing at t' would not itself have good consequences, good consequences would ensue if both S1 x's at t' and S2 y's at t", where S1 may or may not be identical to S2 and where t < t' ≤ t". In this paper, I consider how consequentialists should treat S2 and the possibility that S2 will y at (...) t". At one end of the spectrum, consequentialists would hold that, in deciding whether or not to x at t', S1 should always treat S2 as a force of nature over which she has no control and, thus, treat the possibility that S2 will y at t" as she would the possibility that a hurricane will take a certain path. On this view, S1 is to predict whether or not S2 will y and act accordingly. At the other end of the spectrum, consequentialists would hold that S1 should always treat S2 as someone available for mutual cooperation and, thus, treat the possibility that S2 will y at t" as something to be relied upon. On this view, S1 is to rely on S2’s cooperation and so play her part in the best cooperative scheme involving the two of them. A third and intermediate position would be to hold that whether S1 should treat S2 as a force of nature or as someone available for mutual cooperation depends on whether S1 can see to it that S2 will y at t" by, say, having the right set attitudes. I’ll argue for this third position. As we’ll see, an important implication of this view is that consequentialists should be concerned not just with an agent’s voluntary actions but also with their involuntary acquisitions of various mental attitudes, such as beliefs, desires, and intentions. Indeed, I will argue that consequentialists should hold both that (1) an agent’s most fundamental duty is to have all those attitudes that she has decisive reason to have and only those attitudes that she has sufficient reason to have and that (2) she has a derivative duty to perform an act x if and only if her fulfilling this fundamental duty ensures that she x’s. Thus, I argue (as Donald Regan did before me) that consequentialism should not be exclusively act-orientated – that it should require agents not only to perform certain voluntary actions but also to have certain attitudes. In the process, I develop a new version of consequentialism, which I call attitude-consequentialism. (The latest version of this paper can always be found at: https://dl.dropboxusercontent.com/u/14740340/Consequentialism%20and%20Coordination%20Problems.pdf) -/- . (shrink)

This paper discusses the idea of "pure experience" within the context of the Buddhist tradition and in connection with the notions of emptiness and dependent origination via a reading of Dale Wright's reading of 'Huangbo' in his 'Philosophical Meditations on Zen Buddhism'. The purpose is to appropriate Wright's text in order to engender a response to Steven Katz's contextualist-constructivist thesis that there are no "pure" (i.e., unmediated) experiences. In light of the Mahayana claim that everything is empty of substance, (...) i.e., originates dependently through conditions, contingencies, and contexts, what does the "purity" of the Enlightenment experience mean for Chan/Zen Buddhism? (shrink)

In her book Specifications Grading, Linda B. Nilson advocates for a grading regimen she claims will save faculty time, increase student motivation, and improve the quality and rigor of student work. If she is right, there is a strong case for many faculty to adopt some version of the system she recommends. In this paper, we argue that she is mostly right and recommend that faculty move away from traditional grading. We begin by rehearsing the central features of specifications grading (...) and providing two examples of how to implement it in philosophy classes. In light of the examples, we argue that specifications grading fulfills two of Nilson’s central desiderata but not the third. Since specifications grading generates two benefits that when combined increase student learning, without adding or increasing burdens, we conclude that student learning increases when courses are revised to include aspects of specifications grading. (shrink)

Boundary colors are observed when light from a scene is dispersed by a prism or diffraction grating. We discovered that patterns with repeating black and white stripes can produce repeating bands of boundary colors with two hues. These hues are virtually constant as measured by chromaticity or CIELAB. We found seven cases of this kind using a new appearance model for boundary colors. The model correctly predicts that green and magenta bands recur as stripe widths and dispersion strength vary. (...) The first green/magenta case in the sequence traces out an accurate ellipse in XYZ color space. Green and magenta bands are prominent in supernumerary rainbows and interference rings, and we explain why that might be the case. The explanation is based on an interesting property of the visible spectrum. In addition to the green/magenta cases, the other cases are orange/cyan, yellowish-green/purple, and yellow/violet. The success of the boundary color appearance model implies that bands are perceived as if the wavelength responses of the cones were essentially independent, which contradicts the actual behavior of cones. (shrink)

This book is an introduction to and interpretation of the philosophy of language devised by Donald Davidson over the past 25 years. The guiding intuition is that Davidson's work is best understood as an ongoing attempt to purge semantics of theoretical reifications. Seen in this light the recent attack on the notion of language itself emerges as a natural development of his Quinian scepticism towards "meanings" and his rejections of reference-based semantic theories. Linguistic understanding is, for Davidson, essentially (...) dynamic, arising only through a continuous process of theory construction and reconstruction. The result is a conception of semantics in which the notion of interpretation and not the notion of knowing a language is fundamental. In the course of his book Bjorn Ramberg provides a critical discussion of reference-based semantic theories, challenging the standard accounts of the principle of charity and elucidating the notion of radical interpretation. The final chapter on incommensurability ties in with the discussions of Kuhn's work in the philosophy of science and suggests certain links between Davidson's analytic semantics and hermeneutic theory. (shrink)

Given W.V. Quine’s and Donald Davidson’s extensive agreement about much of the philosophy of language and mind, and the obvious methodological parallels between Quine’s radical translation and Davidson’s radical interpretation, many—including Quine and Davidson—are puzzled by their occasional disagreements. I argue for the importance of attending to these disagreements, not just because doing so deepens our understanding of these influential thinkers, but because they are in fact the shadows thrown from two distinct conceptions of philosophical inquiry: Quine’s “naturalism” and (...) what I call Davidson’s “humanism.” The clash between Quine and Davidson thus provides valuable insight into the history of analytic naturalism and its malcontents. (shrink)

The article provides an analysis of the European Court of Human Rights judgments in the case of Lautsi v. Italy (application no. 30814/06), also known as the Italian crucifix case. The applicant claimed that displaying crucifixes in the Italian State-school classrooms attended by her children was contrary to the principle of secularism, by which she wished to bring up her children, and therefore infringed her right to ensure their education and teaching in conformity with her religious and philosophical convictions, and (...) also breached her freedom of conviction and religion, as protected by Article 9 of the Convention. In its judgment of November 3, 2009, the seven-judge Chamber declared that there had been a violation of Article 2 (right to education) of Protocol No. 1 of the European Convention on Human Rights taken together with Article 9 (freedom of thought, conscience, and religion) of the Convention. The judgment was given unanimously and none of the judges appended a separate opinion. The Italian Government asked for the case to be referred to the Grand Chamber by virtue of Article 43 of the Convention. In the judgment of the Grand Chamber, delivered on March 18, 2011, the Court held, by fifteen votes to two (and with separate opinions of six judges), that there had been no violation of Protocol No. 1 and no violation of the Convention itself. The analysis in the article is focused on selected principal factors determining the Court's decision. It shows that the proposal for the Court to recognize secular convictions as those protected by Article 2 of Protocol No. 1 or Article 9 of the Convention has no sufficient basis in the Convention itself and in earlier Court's case-law and, even, may be considered as promotion of religious intolerance, threatening the freedom to publicly manifest a religion or belief, as guaranteed by Article 9 of the Convention. -/- Opracowanie zawiera analizę wyroków Europejskiego Trybunału, które zapadły w sprawie Soile Lautsi (app. 30814/06), zwaną „włoska sprawa krzyża” (Italian Crucifix Case). W sprawie tej skarżąca zarzucała, że okazywanie znaku krzyża w klasach włoskich szkół państwowych, do których uczęszczały jej dzieci, jest sprzeczne z zasadą sekularyzmu, zgodnie z którą chciała ona wychować swoje dzieci i dlatego stanowi naruszenie jej prawa do wychowania i nauczania zgodnego z jej religijnymi i filozoficznymi (moralnymi) przekonaniami, oraz stanowi naruszenie wolności religijnej, gwarantowanej art. 9 Konwencji. W wyroku siedmioosobowej izby ogłoszonym 3 listopada 2009 r. izba uznała naruszenie art. 2 (Prawo do nauki) Protokołu dodatkowego nr 1 do Konwencji o ochronie praw człowieka i podstawowych wolności w powiązaniu z art. 9 (Wolność myśli, sumienia i wyznania) Konwencji. Wyrok zapadł jednomyślnie i żaden z sędziów nie dołączył do wyroku swoich uwag. Rząd Włoch złożył wniosek w trybie przewidzianym art. 43 Konwencji o przekazanie sprawy do Wielkiej Izby. W wyroku Wielkiej Izby ogłoszonym 18 marca 2011 r. Trybunał uznał zdecydowaną większością głosów – 15 za wobec 2 przeciw (sześciu sędziów dołączyło swoje uwagi), że nie doszło do naruszenia ani Protokołu nr 1, ani samej Konwencji. Analizy koncentrują się na wybranych zagadnieniach, kluczowych dla argumentacji Trybunału. Analizy te pokazują, że postulowanie przez izbę uznania za prawo podmiotowe radykalnie pojętej negatywnej wolności religijnej, oraz postulowanie - tak przez izbę, jak i przez Wielką Izbę - ochrony przekonań sekularystycznych jako przekonań chronionych art. 2 Protokołu dodatkowego nr 1 lub art. 9 Konwencji, nie posiada należytego uzasadnienia ani w samej Konwencji, ani w dotychczasowym orzecznictwie Trybunału, a co więcej – może być uznane za propagowanie nietolerancji religijnej, godzącej przede wszystkim chronioną art. 9 Konwencji wolność publicznego uzewnętrzniania przekonań religijnych i filozoficznych. (shrink)

Our starting point is the question ‘What is mass’, what in particular enables mass to constitute duration: so that mass can be regarded as moving as well as at rest (the kinematic principle of relativity). In a thought experiment, this question is attacked here not from the perspective of mass itself, but from that of a standing light wave. In this model, mass-analogous structures can be re- constructed that can be in relative motion to each other. The (empirically known) (...) constancy of the speed of light in every reference system is not as- sumed here. However, it can be shown that the speed of light is identical in all systems constituted by mass-analogous structures that move uniformly relative to each other and that the speed of light moreover is the limiting speed of mo- tions. This indepence of the motion of light from the system of reference, this character of absoluteness, and the relativity of mass motions thus prove to be contrary but inextricably linked moments of the kinematic principle of relativi- ty: an interesting perspective concerning a philosophy of relativity theory. - The mathematical relationships are explained in more detail in the appendix. (shrink)

A. Klimczuk, Outplacement w podlaskich firmach w świetle badań własnych, [in:] M. Skarzyński, ESP, czyli Jak wyjść z zakrȩtu w rozwoju firmy, Narodowe Forum Doradztwa Kariery, Białystok 2015, pp. 55-87.

There are two motivations commonly ascribed to historical actors for taking up statistics: to reduce complicated data to a mean value (e.g., Quetelet), and to take account of diversity (e.g., Galton). Different motivations will, it is assumed, lead to different methodological decisions in the practice of the statistical sciences. Karl Pearson and W. F. R. Weldon are generally seen as following directly in Galton’s footsteps. I argue for two related theses in light of this standard interpretation, based on a (...) reading of several sources in which Weldon, independently of Pearson, reflects on his own motivations. First, while Pearson does approach statistics from this "Galtonian" perspective, he is, consistent with his positivist philosophy of science, utilizing statistics to simplify the highly variable data of biology. Weldon, on the other hand, is brought to statistics by a rich empiricism and a desire to preserve the diversity of biological data. Secondly, we have here a counterexample to the claim that divergence in motivation will lead to a corresponding separation in methodology. Pearson and Weldon, despite embracing biometry for different reasons, settled on precisely the same set of statistical tools for the investigation of evolution. (shrink)

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

The contribution focuses on philosophical issues of justice of positive law in the light of the social teaching of John Paul II. The analyses start with consideration of anthropological foundations of justice as virtue, develop with the reflexion upon justice of actions realizing justice and finally arrive at examination of the criteria of justice of law. -/- It is argued that relations between a human being and goods (ends of actions) form ontological basis of natural law and justice of (...) actions – orders and prohibitions are secondary in respect to these relations. An aim of just law (and natural law) is not preservation or restoration of abstractly understood moral order based on norms – orders and prohibitions) but integral development (good) of a person – a being possessing dignity. John Paul’s II philosophy of law takes advantage primarily of Thomas Aquinas’ approach to law and combines it with constructions which are typical for modern human rights protection. John Paul’s II conception of natural law is anthropocentric and bases on subjective rights thinking. Human dignity and human rights which derive from it provide basic criteria for the justice of law. Human rights as subjective rights disclose natural law which is understood as a set of goods for a human person. These goods are ends of actions and as such they determine actions and their forms. This point of view is compatible with Aquinas’ definition: “law is nothing but a rational plan of operation, and … the rational plan of any kind of work is derived from the end” (Summa contra gentiles, lib. 3, cap. 114, n. 5). -/- Positive (human) law which is not just has no normative power in this sense that it does not in itself provide reasons for concrete actions of a concrete actor. Sometimes there are moral reasons for following unjust law, however if its norm prescribes actions which are wrong in themselves (internally wrong) there is moral obligation to act contrary to such a legal norm. -/- Zasadniczym przedmiotem opracowania jest filozoficzna refleksja Jana Pawła II nad sprawiedliwością prawa stanowionego. Analizy przebiegają od zagadnienia antropologicznych podstaw sprawiedliwości poprzez problematykę działań realizujących sprawiedliwość do zagadnienia sprawiedliwości prawa stanowionego. Opracowanie zamykają uwagi wskazujące na kontekst teologiczny istotny dla problematyki sprawiedliwości, którego analiza wykracza jednak poza podjęte zamierzenie koncentrujące się na problematyce filozoficznoprawnej. Argumentuje się, że u podstaw tej refleksji leży namysł nad relacją człowieka do dobra, która stanowi ontologiczną podstawę prawa naturalnego i sprawiedliwości – nakazy i zakazy są wtórne wobec tej relacji. Celem prawa i sprawiedliwości jest dobro konkretnego, obdarzonego godnością człowieka, a nie np. przywracanie abstrakcyjnie pojętego porządku moralnego. Od strony konstrukcji teoretycznej, filozofia prawa Jana Pawła II jest osadzona przede wszystkim na koncepcji Tomasza z Akwinu łączonej z konstrukcjami typowymi dla współczesnej ochrony praw człowieka. To w godności i wynikających z niej prawach człowieka poszukiwać trzeba zasadniczych treściowych kryteriów sprawiedliwości prawa. Prawa człowieka jako prawa podmiotowe są podstawowym wyrazem prawa naturalnego, stanowiącego ontyczną podstawę sprawiedliwości i które pojmowane jest jako zespół dóbr dla osoby, zatem i celów kształtujących działanie. Perspektywa pojmowania prawa naturalnego jest antropocentryczna. Prawo stanowione, które nie jest sprawiedliwe, nie ma „mocy prawa”, przede wszystkim w takim sensie, że nie stanowi samo w sobie racji działania. Niekiedy, ze względów moralnych, niesprawiedliwe prawo wymaga posłuszeństwa. Jeśli jednak prawo stanowione daje uprawnienia do czynów wewnętrznie złych i nakazuje takie czyny, to nie tylko nie obowiązuje w sumieniu i nie jest racją działania, ale obowiązkiem jest postępowanie wbrew takiemu prawu. (shrink)

Monografia ta traktuje o ograniczaniu konfliktów w relacjach między segmentami społecznymi (takimi jak grupy etniczne, wspólnoty religijne), w których członkostwo opiera się na podstawach askryptywnych i kulturowych, a także między nimi a władzą centralną w Nigerii i Indonezji. Państwa te mają burzliwą historię niepodległego bytu, ogromne wieloetniczne i wieloreligijne populacje, duże gospodarki oraz zasoby surowców energetycznych. Jak wskazują liczne raporty, będą wkrótce należeć do najważniejszych w świecie. W Nigerii i Indonezji funkcjonują systemy polityczne oparte na tzw. power-sharing (współrządzeniu), tj. takie, (...) które za pomocą specyficznych formalnych i nieformalnych instytucji (rozumianych jako zespoły reguł) dopuszczają do udziału we władzy elity polityczne wywodzące się z różnych segmentów etnicznych i religijnych. Celem instytucji power-sharing jest budowanie pokoju i stabilności politycznej. Autor badań, których owocem jest ta praca, dokonał identyfikacji, wyjaśnienia i analizy roli oraz genezy najistotniejszych z nich, dowodząc zarazem, że w Nigerii i Indonezji współistnieją instytucje dwóch głównych modeli power-sharing, tj. konsocjonalizmu i centrypetalizmu. W konsekwencji wykazał, że międzysegmentowe współrządzenie w obu państwach ma charakter hybrydowy. Jest to poszerzenie empirycznej teorii power-sharing. Jej klasycy, Arend Lijphart (konsocjonalista) i Donald L. Horowitz (centrypetalista), nie przywiązywali większej wagi do możliwości implementacji instytucji dwóch modeli w ramach tego samego systemu politycznego. Tymczasem w Nigerii i Indonezji łączenie instytucji centrypetalnych i konsocjonalnych przyczyniło się do ograniczenia konfliktów. (shrink)

Martin Heidegger in 'The Origin of the Work of Art' (Der Ursprung des Kunstwerkes) developed a whole new way of thinking about art, going beyond traditionally understood aesthetics or even philosophy of art. Some of Heidegger’s thoughts, however, appear to be understated and only signal a huge complexity of both experiencing works of art and the very issue of the origin of the work of art. The analysis of the terms ‘anxiety’ and ‘eyeblink’ from 'Being and Time' presented in this (...) article complement and develop Heidegger’s ideas included in his essay. Linking art to these two crucial phenomena of fundamental ontological analysis of Dasein casts light on the status of art and its existential significance. The author aims mainly at demonstrating the aletheic connection (based on unclosedness) between the experience of ‘originary source’ of a piece of art and ‘anxiety’, and also, in conclusion, he points to the ‘event of beyng’ as the essential, non-metaphysical origin of art. (shrink)

This essay explores the works of German artist Gustav Metzger as a potential response to Theodor W. Adorno’s dictum “Nach Auschwitz ein Gedicht zu schreiben, ist barbarisch” (“To write poetry after Auschwitz is barbaric”). It argues that culture, as understood in the Adornian sense, is inextricably barbaric as a result of simply being after Auschwitz. Culture must acknowledge the finitude in its own ability to live up to an ethical demand in response to justice, whose arrival is infinitely deferred. In (...) spite of this, culture, and art in particular, must not refrain from the very act of writing. Metzger’s works are discussed as aesthetic responses to the “new categorical imperative” of Adorno, who addresses art’s failure in light of Auschwitz by pointing to aporias that constitute the inescapable condition of “barbarism.” This essay suggests that Metzger’s aesthetic articulations are nonbarbaric ruptures, in that they challenge our living on irresponsibly within the condition of barbarism via a constant confrontation with complicity. (shrink)

The study is focused on analysing formalism which is a strategy of applying laws by stressing the formal features of the law, even if the consequences of the strategy like that are difficult to accept in light of legal principles and the general requirement of equity. Contrary to the common view presented in the legal literature, the study sets out arguments that the formalism is neither justified in the tradition of legal positivism, neither in the idea of the rule (...) of law. In particular it is not true that formalism secures stability and predictability of laws application. On the other hand, a non-formalistic approach to applying laws, consisting in a simultaneous application of strict rules and general principles and in acknowledging the purpose and the function of the law as important factors, allows for realising the values that are traditionally linked with legal positivism. That non-formalistic approach to applying laws, called in the study 'interpretative holism', was supported by a wide use of contemporary philosophy of language, in particular the Kripke-Putnam semantics and the findings of the contemporary philosophy of law and legal theory. -/- Praca jest poświęcona analizie zjawiska formalizmu, które jest strategią stosowania prawa, podlegająca na podkreśleniu wagi formalnych cech prawa, nawet jeśli strategia taka prowadzi do rezultatów trudnych do zaakceptowania z punktu widzenia zasad prawa albo ogólnych wymogów słuszności. Przeciwnie do dotychczasowych stanowisk reprezentowanych w literaturze, w pracy przedstawione są argumenty, że formalistyczne podejście do stosowania prawa nie ma uzasadnienia, ani w koncepcji pozytywizmu prawniczego, ani w koncepcji rządów prawa. Z drugiej strony nieformalistyczne podejście do stosowania prawa, które polega głównie na współstosowaniu reguł i zasad oraz na uwzględnianiu celu i funkcji prawa, pozwala na realizację wartości tradycyjnie przypisywanych koncepcji pozytywizmu prawniczego. Ta nieformalistyczna strategia stosowania prawa, nazywana w pracy holizmem interpretacyjnym, została w pracy uzasadniona poprzez szerokie wykorzystanie współczesnej filozofii języka, w szczególności tzw. semantyki Kripkego-Putnama oraz współczesnego dorobku polskiej i zagranicznej teorii i filozofii prawa.". (shrink)

Idea powszechności legła u samych podstaw współczesnej ochrony praw człowieka i nadal jest często podkreślana w dyskursie typu praktycznego, na różnych płaszczyznach: politycznej, moralnej czy religijnej. Jednakże trudno o koncepcję praw człowieka pozwalającą pogodzić powszechność z właściwościami prawa, z postulatami respektu dla pluralizmu ugruntowanego tak w odmienności kulturowej, jak i wolności poszczególnych jednostek ludzkich. Wziąwszy pod uwagę, że powszechność jest fundamentalnym przy¬miotem praw człowieka, kłopoty z powszechnością są kłopotami ze zbudowaniem filozoficznej koncepcji praw człowieka w ogóle. Odrzucenie powszechności jest równoznaczne (...) z odrzuceniem podstaw współczesnej koncepcji tych praw. Opracowanie zmierza do identyfikacji rozmaitych aspektów powszechności praw człowieka i do uporządkowania argumentów przytaczanych w dyskusji nad powszechnością. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains (...) an application of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

Title - Gender in distributed cognitive systems: Possible conceptualizations. Abstract - There is a mismatch between social and biological approaches in the studies on sex and gender. Neurofeminist researchers critically examine gendered impacts of research in neuroscience and cognitive science, as well as develop more adequate and gender‑appropriate neuroscientific studies. However, they still seem to be focused on the brain and its relationship with the environment. Moreover, there are a little ‘science‑phobic’ feminist approaches based on actor‑network theory, and social science (...) and technology studies. In this context, I would like to suggest another account of gender. My account is not centered on individual selves, minds or brains, but it is based on concept of distributed cognitive system and cultural ecosystem developed in the cognitive science. The potential integrational role of the approach seems worthy of attention. On the one hand, there are no contradictions between more important assumptions of distributed cognition theory and social studies. On the other hand, it is not necessarily limited to human beings and their minds. I pay particular attention to distinction between the distributed cognition theory and the extended mind theory. Ones of the most important elements of the ‘gender‑sensitive’ distributed system are artifacts and their affordances, most of all — cultural and canonical ones. In this light, the gender relations seem not only distributed, but also able to be designed. (shrink)