In this chapter, Dorothy Walsh argues that any ethical theory requires an underlying speculative metaphysics.

It is fair to say that Georg Wilhelm Friedrich Hegel's philosophy of mathematics and his interpretation of the calculus in particular have not been popular topics of conversation since the early part of the twentieth century. Changes in mathematics in the late nineteenth century, the new set-theoretical approach to understanding its foundations, and the rise of a sympathetic philosophical logic have all conspired to give prior philosophies of mathematics (including Hegel's) the untimely appearance of naïveté. The common view was expressed (...) by Bertrand Russell: -/- The great [mathematicians] of the seventeenth and eighteenth centuries were so much impressed by the results of their new methods that they did not trouble to examine their foundations. Although their arguments were fallacious, a special Providence saw to it that their conclusions were more or less true. Hegel fastened upon the obscurities in the foundations of mathematics, turned them into dialectical contradictions, and resolved them by nonsensical syntheses. . . .The resulting puzzles [of mathematics] were all cleared up during the nineteenth century, not by heroic philosophical doctrines such as that of Kant or that of Hegel, but by patient attention to detail (1956, 368–69). (shrink)

This chapter provides the background to the American women philosophers’ works that are introduced and collected in Knowledge, Mind and Reality: An Introduction by Early Twentieth-Century American Women Philosophers. We describe the institutional context which made these works possible and their methodological and theoretical background. We also provide biographies for their authors.

This book is the first volume featuring the work of American women philosophers in the first half of the twentieth century. It provides selected papers authored by Mary Whiton Calkins, Grace Andrus de Laguna, Grace Neal Dolson, Marjorie Glicksman Grene, Marjorie Silliman Harris, Thelma Zemo Lavine, Marie Collins Swabey, Ellen Bliss Talbot, Dorothy Walsh and Margaret Floy Washburn. The book also provides the historical and philosophical background to their work. The papers focus on the nature of philosophy, knowledge, the (...) philosophy of science, the mind-matter nexus, the nature of time, and the question of freedom and the individual. The material is suitable for scholars, researchers and advanced philosophy students interested in (history of) philosophy; theories of knowledge; philosophy of science; mind, and reality. (shrink)

We attribute three major insights to Hegel: first, an understanding of the real numbers as the paradigmatic kind of number ; second, a recognition that a quantitative relation has three elements, which is embedded in his conception of measure; and third, a recognition of the phenomenon of divergence of measures such as in second-order or continuous phase transitions in which correlation length diverges. For ease of exposition, we will refer to these three insights as the R First Theory, Tripartite Relations, (...) and Divergence of Measures. Given the constraints of space, we emphasize the first and the third in this paper. (shrink)

In this chapter, Mary Collins Swabey critiques G. E. Moore's discussion of sense data.

In this article, Ellen Bliss Talbot explores the free will/determinism debate through an examination of the notions of individual unity, uniqueness, and self-sufficiency.

In this chapter, Grace Andrus de Laguna and Theodore de Laguna critically examine the pragmatist theory of knowledge and offer their own alternative to it.

In this chapter, Grace Andrus de Laguna presents and argues for perspectivism about perception.

Arthura Kaufmanna filozofia prawa wyrasta przede wszystkim z neokantyzmu aksjologicznego reprezentowanego przez „późnego” Gustava Radbrucha, którego uważał on za najważniejszego ze swych nauczycieli, oraz z hermeneutyki filozoficznej Hansa-Georga Gadamera. W późniejszym okresie znaczący wpływ na Kaufmanna wywarł Charles S. Peirce, którego pracami posiłkował się opracowując problematykę analogii (wiążąc ją z opracowanym przez Pierca zagadnieniem abdukcji) oraz ontologii relacji. Niektóre wątki poglądów Kaufmanna nawiązują do egzystencjalizmu Karla Jaspersa oraz antropologii Karla Löwitha. Obecne są także inspiracje tomistyczne i arystotelesowskie. Jest to filozofia (...) prawa o charakterze maksymalistycznym. Kaufmann wpisuje się w sięgającą starożytności tradycję uprawiania filozofii, w której stawia się pytania o całość; filozofia pyta o to, co to jest "byt w ogóle", byt "w całości"; filozofia prawa stawia pytania o to, co to jest prawo "w całości", prawo "w ogóle" . Podejmuje wprost fundamentalne zagadnienia należące do zasadniczych dziedzin filozoficznych – epistemologiczne, ontologiczne, etyczne, nie stroniąc także od zagadnień z zakresu logiki. Uprawiana przez niego filozofia ma charakter systemowy, co sprawia, że jej zrozumienie zakłada ujęcie całości propozycji. Sam Kaufmann uważa, że systemy filozofii prawa należą już do historii, jednak ta uwaga jest o tyle jedynie trafna w odniesieniu do niego samego, że jego filozofia prawa – w zgodzie z jego deklaracjami – nie zmierza do „gotowych rozwiązań” konkretnych kwestii prawnych, ale zmierza do ukształtowania pewnego sposobu refleksji nad prawem. Jego koncepcja jest ważnym głosem w sporze klasycznego pozytywizmu z koncepcjami niepozytywistycznymi. Za prawo w pełnym tego słowa znaczeniu uznaje konkretne rozstrzygnięcie, co niewątpliwie łączy jego podejście z amerykańskim realizmem prawnym. Rekonstruowana przez Kaufmanna struktura procesu „urzeczywistniania” prawa, dokonywana w kontekście i na użytek kultury prawnej typu kodeksowego, kontynentalnego, uwyraźnia obecność elementów typowych dla kultury prawa precedensowego –wnioskowanie od przypadku do przypadku. Jednocześnie za istotny problem każdego porządku normatywnego uznaje uogólnienie. Jest to znamienny teoretyczny wyraz narastającej świadomości współwystępowania obok siebie zasadniczych elementów każdego z tych typów kultur prawnych. Kaufmann trafnie dostrzega, że w konkretnym rozstrzygnięciu są obecne elementy normatywne wykraczające poza to, co jest zawarte w aktach normatywnych. Podobnie jak Ronald Dworkin, Kaufmann wskazuje, że dokonujący rozstrzygnięcia, czy tego chce, czy nie, „stosuje” szereg elementów normatywnych spoza aktów normatywnych. Analizy prowadzą do wniosku, że propozycja Kaufmanna zawodzi, gdy przechodzi on do ontologicznych uogólnień, przede wszystkim przez brak uwzględnienia w swych podstawach takich punktów odniesienia, które są zewnętrzne wobec badanego procesu „urzeczywistniania” prawa. To, czym jest osoba, determinowane jest systemem prawnym i kulturą, w której prawo funkcjonuje. Przy takim ujęciu Kaufmann nie osiąga jednego z ważnych celów, do którego zmierzał, nie wskazuje kryteriów pozwalających stwierdzić, czy stopniowa – dokonywana zgodnie z odkrytymi przez hermeneutykę filozoficzną wymaganiami poprawnego rozumienia – zmiana normatywnego sensu systemu prawnego zmierza ku „ustawowemu bezprawiu”, czy też nie. (shrink)

A co-founder of the Catholic Worker Movement, its newspaper, and hospitality houses, the writer Dorothy Day promoted public peace nationally and internationally as a journalist, an organizer of public protests, and a builder of associational communities. Drawing upon Hannah Arendt’s conceptions of the role of speech and action in creating the public realm, this paper focuses on several of Day’s most controversial public positions: her leadership of non-cooperation against Civil Defense drills intended to prepare New York City residents to (...) survive a nuclear war; her urging of Catholics to find common cause with the Cuban revolutionary government; and her support for interracial farming communities in the Southern United States. As Arendt asserts about Rahel Varnhagen’s salon in Berlin, by being public meeting spaces hosted in private houses, Catholic Worker communities fostered egalitarian rather than “agonal” politics. Like Gandhi’s newspapers and ashrams as well as “Occupy” communities such as Zuccotti Park, Day’s newspaper was a center for incubating and implementing social reform. The Catholic Worker provided a place where writers could question the official rhetoric of such conflicts as World War II and the Cold War, put forward different interpretations of unfolding events, and chart possible alternatives to establishment agendas. (shrink)

Dorothy Edgington’s work has been at the centre of a range of ongoing debates in philosophical logic, philosophy of mind and language, metaphysics, and epistemology. This work has focused, although by no means exclusively, on the overlapping areas of conditionals, probability, and paradox. In what follows, I briefly sketch some themes from these three areas relevant to Dorothy’s work, highlighting how some of Dorothy’s work and some of the contributions of this volume fit in to these debates.

This chapter provides a historical reconstruction of how Alfred Schutz’s American writings were critically engaged by the feminist sociologists Dorothy E. Smith and Patricia Hill Collins. Schutz’s articulation of a phenomenological sociology in relation to, among others, the sociology of Talcott Parsons and the philosophies of science of Ernest Nagel and Carl G. Hempel proved fruitful to Smith in the development of her feminist standpoint theory in her 1987 The Everyday World as Problematic: A Feminist Sociology. Collins likewise draws (...) on Schutz’s writing in the development of her own standpoint theory in her 1986 paper “Learning from the Outsider Within: The Sociological Significance of Black Feminist Thought,” but in a way that addresses some of her own concerns with Smith’s feminist sociology. As I hope to show with the recovery of this underappreciated history, the critical insights of Smith and Collins with regard to the possible uses and limits of phenomenology for feminist theorizing, are still valuable today. (shrink)

The aim of this paper is to outline Dorothy Emmet’s (1904-2000) account of perception in The Nature of Metaphysical Thinking (published in 1945). Emmet’s account of perception is part of a wider attempt to rehabilitate metaphysics in the face of logical positivism and verificationism (of the kind espoused most famously by A. J. Ayer). It is thus part of an attempt to stem the tide of anti-metaphysical thought that had become widespread in British philosophy by the middle of the (...) twentieth century. In pursuit of that aim, Emmet draws on the work of figures like A. N. Whitehead and Henri Bergson, rather than more mainstream analytic thinkers like Bertrand Russell or G. E. Moore, for inspiration. Indeed, Emmet’s ideas stand in contrast to the prevailing tides of British philosophy during her lifetime. This makes Emmet a figure of considerable historical interest; she does not fit neatly into the traditional narrative of the continental-analytic divide, proposed a way forward for metaphysics in one of its greatest times of crisis, and pre-empted certain movements in more contemporary philosophy of perception. By espousing her unique account of perception and drawing out its connections to her wider philosophy, I hope to put Emmet ‘on the map’, so to speak, of twentieth century British thought. (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)

Tekst dotyczy zaproponowanej przez Arthura Kaufmanna koncepcji prawa do sprzeciwu (wobec władzy - wobec niesprawiedliwych ustaw) "w drobnej monecie". Koncepcja ta stanowi punkt wyjścia do refleksji nad formułą Radbrucha (nad czymś, co określam mianem "ciemnej strony" formuły Radbrucha), nad możliwością modyfikacji tej formuły i nad rozproszoną kontrolą konstytucyjności jako sposobem realizacji prawa do sprzeciwu "w drobnej monecie".

The aim of this essay is to review Friedrich Nietzsche's "The Gay Science" in English Translation. It compares and contrasts the translations by Thomas Common, Walter Kaufmann, Josefine Nauckhoff, and R. Kevin Hill. First, I argue in favor of translating the work's title "Die Fröhliche Wissenschaft" as "The Gay Science" or perhaps more precisely as "The Gay Knowledge". Nietzsche who is likely the greatest stylist in the German language wrote with philological precision and succinctness. This exactitude and awareness of (...) the shaping influence of linguistic means on the contents expressed therefore needs to be reflected throughout in any kind of rendition of Nietzsche's artful texts and the evaluation and assessment thereof. (shrink)

This chapter introduces the articles by Marie C. Swabey, Thelma Z. Lavine, Grace A. de Laguna and Dorothy Walsh on the objectivity of scientific knowledge. We will see Swabey placing herself outside the historicist traditions of (later) authors (e.g., Thomas Kuhn), and arguing that the rationality and objectivity of science are grounded in synthetic a priori justified logical principles. Lavine and de Laguna, by contrast, embrace socio-historical approaches to the study of science, thus anticipating later developments in philosophy of (...) science. Still, whereas Lavine embraces a relativist notion of objectivity, de Laguna argues that science, at least in some respects, actually is universally valid. Walsh, finally, like Swabey, believes in context-independent objectivity that is grounded in metaphysics, but like de Laguna and Lavine, contends that such objectivity is discipline-specific. (shrink)

This chapter uses the distinction between speculative and analytic philosophy as a background against which to present the summaries of the articles on the nature of philosophy by Mary Whiton Calkins, Dorothy Walsh and Marjorie Glicksman. Calkins and Walsh (in her first contribution) examine the relationship between philosophy and metaphysics: Calkins identifies philosophy with speculative metaphysics while Walsh argues that any ethical theory requires some underlying speculative metaphysics. In Walsh’s second contribution, she further argues that philosophical language rightly is (...) characteristically different from the languages of science, logic and poetry. Glicksman, finally, addresses the question how to deal with the multiplicity of views concerning the nature of philosophy. (shrink)

Even while progressive educators and feminist standpoint theorists defend the value of marginalized perspectives, many marginal-voice texts continue to be deprecated in academic contexts due to their seemingly "unprofessional," engaged, and creative styles. Thus, scholars who seek to defend a feminist and multicultural curriculum need a theory of knowledge that goes beyond current standpoint theory and accounts for the unorthodox format in which many maringal standpoints appear. In response to this challenge, this essay draws on feminist and postcolonial critics of (...) objectivity, including Dorothy Smith, Chandra Mohanty, Barrios de Chungara, and Arhundati Roy to theorize the epistemic value of texts that respond with passion and creativity to marginalized people's struggles. In conclusion, the author distinguishes ethically oriented engagement with such texts from mere "politicized teaching," and she suggests ways to teach such texts that cultivate their critical potential. (shrink)

A criticism of Dorothy Edgington's attempt to make Gibbard's problem for indicative conditionals apply to counterfactuals.

Dorothy Rowe's book amounts to a spectacularly missed chance to make a significant contribution to the very important questions the author set out to address. The book promises to provide an answer to "why our beliefs about the nature of death and the purpose of life dominate our lives," but ends up being a bizarre hodgepodge of self-help psychology, uninformative case studies, and a large number of disconnected personal observations -- the whole thing peppered here and there with philosophical (...) and even political considerations. (shrink)

I argue that imperatives express contents that are both cognitively and semantically related to, but nevertheless distinct from, modal propositions. Imperatives, on this analysis, semantically encode features of planning that are modally specified. Uttering an imperative amounts to tokening this feature in discourse, and thereby proffering it for adoption by the audience. This analysis deals smoothly with the problems afflicting Portner's Dynamic Pragmatic account and Kaufmann's Modal account. It also suggests an appealing reorientation of clause-type theorizing, in which the (...) cognitive act of updating on a typed sentence plays a central role in theorizing about both its semantics and role in discourse. (shrink)

This paper gives an outline of truthmaker semantics for natural language against the background of standard possible-worlds semantics. It develops a truthmaker semantics for attitude reports and deontic modals based on an ontology of attitudinal and modal objects and on a semantic function of clauses as predicates of such objects. It also présents new motivations for 'object-based truthmaker semantics' from intensional transitive verbs such as ‘need’, ‘look for’, ‘own’, and ‘buy’ and gives an outline of their semantics. This paper is (...) a commissioned 'target' article, with commentaries by W. Davis, B. Arsenijevic, K. Moulton, K. Liefke, M. Kaufmann, R. Matthews, P. Portner and A. Rubinstein, P. Elliott, G. Ramchand and my reply. (shrink)

Starting from a recent paper by S. Kaufmann, we introduce a notion of conjunction of two conditional events and then we analyze it in the setting of coherence. We give a representation of the conjoined conditional and we show that this new object is a conditional random quantity, whose set of possible values normally contains the probabilities assessed for the two conditional events. We examine some cases of logical dependencies, where the conjunction is a conditional event; moreover, we give (...) the lower and upper bounds on the conjunction. We also examine an apparent paradox concerning stochastic independence which can actually be explained in terms of uncorrelation. We briefly introduce the notions of disjunction and iterated conditioning and we show that the usual probabilistic properties still hold. (shrink)

I begin with an exposition of the two main variants of the Prosentential Theory of Truth (PT), those of Dorothy Grover et al. and Robert Brandom. Three main types of criticisms are then put forward: (1) material criticisms to the effect that (PT) does not adequately explain the linguistic data, (2) an objection to the effect that no variant of (PT) gives a properly unified account of the various occurrences of "true" in English, and, most importantly, (3) a charge (...) that the comparison with proforms is explanatorily idle. The last objection is that, given a complete semantic account of pronouns, proadjectives, antecedents, etc., together with a complete (PT), the essential semantic character of "true" could be deduced, but then, the idleness of the comparison with pronouns would be apparent. It turns out that objections (2) and (3) are related in the following way: the prosentential terminology is held to conceal the lack of unity in (PT), by describing the different data in the same terms ("proform", "antecedent", etc.). But this, I argue, is only a way of truly describing, rather than explaining, the data, these being certain relations of equivalence and consequence between sentences. I consider a language for which (PT) would be not only true, but also explanatory, but note that this language is very different from English. I end by showing that Robert Brandom's case that "is true" is not a predicate fails, and that his motivation for saying so is based on fallacious reasoning (namely, Boghossian's argument against deflationism). (shrink)

Review of Joseph Y. Halpern (ed.), Theoretical Aspects of Reasoning About Knowledge: Proceedings of the 1986 Conference (Los Altos, CA: Morgan Kaufmann, 1986),.

Anti-realism is plagued by Fitch’s paradox: the remarkable result that if one accepts that all truths are knowable, minimal assumptions about the nature of knowledge entail that every truth is known. Dorothy Edgington suggests to address this problem by understanding p is knowable to be a counterfactual claim, but her proposal must contend with a forceful objection by Timothy Williamson. I revisit Edgington’s basic idea and find that Williamson’s objection is obviated by a refined understanding of counterfactual knowability that (...) is grounded in possible courses of inquiry. I arrive at a precise definition of knowability that is not just a technical avoidance of paradox, but is metaphysically sound and does justice to the anti-realist idea. (shrink)

Over the last fifteen years, linguists and philosophers of language have reexamined the canonical, Kratzerian semantics for modal expressions, with special attention paid to their epistemic and deontic uses. This article is an overview of the literature on deontic modal expressions. Section 1 provides an overview of the canonical semantics, noting some of its main advantages. Section 2 introduces a set of desiderata that have achieved the status of fixed points in the debates about whether the canonical semantics is correct. (...) These include the observations that deontic modal sentences have both deliberative and evaluative readings and both information-sensitive and -insensitive readings. Adequate resolutions of certain puzzles in deontic logic and resolving the Frege-Geach problem for Expressivism have also achieved this status. The third section provides an opinionated overview of some of the main extant rivals to the canonical semantics, including Cariani, Kaufmann, and Kaufmann’s (2013) complex contextualism , Yalcin’s (2012) Expressivism, Willer’s (2014) dynamic semantics, and Starr’s (2016) dynamic Expressivism. Section 4 provides an assessment of each of the views discussed in terms of the desiderata introduced in section 2. Section 5 is an overview of remaining issues that require more attention in the literature. (shrink)

Alvin Plantinga and Phillip E. Johnson strongly attack "metaphysical naturalism", a doctrine based, in part, on Darwinian concepts. They claim that this doctrine dominates American academic, educational, and legal thought, and that it is both erroneous and pernicious. Stuart Kauffman claims that currently accepted versions of Darwinian evolutionary theory are radically incomplete, that they should be supplemented by explicit recognition of the importance of coherent structures — the prevalence of "order for free". Both of these developments are here interpreted in (...) relation to some contemporary theistic notions of "creation", including those of Lewis Ford, Robert Neville, and Robert Sokolowski. Kaufmann’s approach is consistent with the approach of process theism, and is not invalidated by the attacks of Plantinga and Johnson. (shrink)

The few people familiar with the pseudo-Platonic dialogue Axiochus generally have a low opinion of it. It's easy to see why: the dialogue is a mish-mash of Platonic, Epicurean and Cynic arguments against the fear of death, seemingly tossed together with no regard whatsoever for their consistency. As Furley notes, the Axiochus appears to be horribly confused. Whereas in the Apology Socrates argues that death is either annihilation or a relocation of the soul, and is a blessing either way, "the (...) Socrates of the Axiochus wants to have it both ways": death is both annihilation and a release of the soul from the body into a better realm. This may be used to construct a valid argument for the conclusion that death is not evil, but at the expense of having a contradiction as one of its premises. But D. S. Hutchinson has recently proposed that these inconsistencies shouldn't surprise us if we view the Axiochus as "an unconventional version of a very conventional genre--the consolation letter." In this paper I expand on Hutchinson's brief suggestion and argue that the Axiochus can be rehabilitated by paying attention to its genre. Although the Axiochus does display many similarities to the consolation letter, the shift from letter to dialogue does--pace Hutchinson--significantly affect what's going on. Within the dialogue, Socrates behaves toward Axiochus in a way similar to the way the author of a consolation letter behaves towards the letter's reader: he is willing to use inconsistent arguments, borrowed from any source, in order to soothe the patient. However, in depicting this type of consolatory relationship between Socrates and Axiochus, the dialogue itself is not aiming at consoling its readers. Instead, it should be seen as displaying for the reader's consideration a certain type of consolatory argumentative practice. -/- Socrates notes that Axiochus is "very much in need of consolation" (365a), and he uses any means necessary to accomplish this task. Socrates exhibits many ways in which he is willing to sacrifice argumentative hygiene for the sake of therapeutic effectiveness. These include: -/- * Use of arguments with inconsistent premises, presented in propria persona. * Appeals to emotion * Tailoring arguments to the audience. * Presenting invalid arguments so as to induce unjustified but comforting beliefs. * Evasion. In these respects, I think that Socrates' argumentative practice is best compared to PH III 280-1, where Sextus Empiricus says that the skeptic will deliberately use logically weak arguments as long as they work. Dorothy Tarrant claims that what links the Socrates of the Axiochus to Socrates as he appears elsewhere in the Platonic corpus is his evident care for the welfare of his interlocutor's psyche. But this concern takes a quite different form in the Axiochus than it usually does. As with Sextus, psychic therapy in the Axiochus involves relief from pain. The primary difference between them is that Socrates, unlike Sextus, is not aiming at producing epochê in his patient. (shrink)

This paper does four things. First it lays out an orthodox position on reasons and defeaters. Then it argues that the position just laid out is mistaken about “undercutting” defeaters. Then the paper explains an unpublished thought experiment by Dorothy Edgington. And then it uses that thought experiment to motivate a new approach to undercutting defeaters.

A review of *The Social Origins of Language* by Robert M. Seyfarth and Dorothy L. Cheney; edited and introduced by Michael L. Platt.

Is there an interesting relation between the Preface paradox and the Sorites paradox that might be used to illuminate either or both of those paradoxes and the phenomena of rationality and vagueness with which they, respectively, are bound up? In particular, if we consider the analogy alongside a familiar response to the Preface Paradox that employs degrees of belief, does this give any support to the thought that we should adopt some kind of degree-theoretic treatment of vagueness and the sorites? (...) This chapter argues that it does not; indeed exploring the disanalogies contributes to a case against such a treatment of vagueness more generally. Among other views, it considers Edgington’s account of vagueness that employs a probabilistic structure of “verities”. It then contends that appeal to the framework of supervaluationism yields a better guide to reasoning in vague language than the degree-theoretic treatment can sustain. (shrink)

Nietzscheforschung, De Gruyter, 2023. Rezension zu: Häfner Ralph, Kaufmann Sebastian, Sommer Andreas Urs Nietzsches Literaturen. De Gruyter, Berlin u. Boston 2019.

Transl. of HEGEL. Contains a short introduction to the German philosopher (1770-1831) - his life and the main volumes of his work (die Philosophie der Geschichte, die Philosophie des Rechts, die Phänomenogie des Geistes and die Wissenschaft der Logik). Based also upon Hegel scholars like Walter Kaufmann and Charles Taylor. Philosopher Peter Singer published this concise overview during his professorship in Melbourne, Australia (Oxford University Press, 1983). Transl. into Dutch (Lemniscaat, 2000) by Willemien de Leeuw. 136 pp. -/- .

This paper examines the particular relevance of feminist critiques of epistemic authority in contexts of institutionalized violence. Reading feminist criticism of “experts” together with theorists of institutionalized violence, Stone-Mediatore argues that typical expert modes of thinking are incapable of rigorous knowledge of institutionalized violence because such knowledge requires a distinctive kind of thinking-within-discomfort for which conventionally trained experts are ill-suited. The author demonstrates the limitations of “expert” modes of thinking with reference to writings on the Iraq war by Michael Ignatieff (...) and Fouad Ajami. Finally, the author turns to a newly active group of epistemic agents—anti-war relatives of soldiers--to examine the role that undervalued epistemic traits can play in knowledge of war and other forms of structural violence. (shrink)