Boethius identifies God both with esse ipsum and esse suum. This paper explains Boethius's general semantic use of "esse" and the application of this use to God. It questions the helpfulness of attributing to Boethius "existence" words and argues for a more robust role in Boethius’s thought for Hilary of Poitiers’s and Augustine’s exegeses of Exodus 3:14-15 than has been acknowledged in recent scholarship.

Dans cet article, il sera fait un bref rappel du modèle traditionnel d’interprétation des lois, toujours prescrit dans la doctrine, sinon épousé verbalement dans les tribunaux canadiens. Il sera démontré que ce modèle ne peut pas représenter toute la réalité du travail d’interprétation des juristes canadiens, pour plusieurs raisons. L’herméneutique, la sociologie critique, l’analyse du discours, prenant pour objet les textes législatifs, les jugements rendus, les arguments pratiques entendus, ont montré l’étendue du comportement réflexif réel, l’étendue du champ interprétatif visant (...) les circonstances d’une cause. Les textes législatifs donnent de fait de plus en plus de place à l’interprétation des circonstances pertinentes à l’encadrement de l’action des justiciables. Sur un plan empirique, l’analyse des jugements, de même que les prises de position de juges lorsqu’ils s’expriment en dehors du forum judiciaire, mettent en évidence la variété des motifs effectivement pris en considération, l’espace considérable de délibération éthique impliquant de fait tous les interprètes, qu’ils soient simples citoyens d’une communauté, inspirés par l’un ou l’autre des ordres sociaux, ou acteurs spécialisés de l’ordre juridique. Cet article se propose d’examiner comment se produit actuellement, en droit canadien ou québécois, l’interprétation des juristes, dans des processus décisionnels réflexifs, en situations complexes, voire même dans la perspective du développement des institutions. (shrink)

Les recherches menées dans le champ de la psychologie morale par Larry P. Nucci et Elliot Turiel conduisent à identifier le domaine moral avec le domaine des jugements prescriptifs concernant la manière dont nous devons nous comporter à l’égard des autres personnes. Ces travaux empiriques pourraient apporter du crédit aux propositions normatives du philosophe Ruwen Ogien qui défend une conception minimaliste de l’éthique. L’éthique minimale exclut en particulier le rapport à soi du domaine moral. À mon avis cependant, ces (...) travaux de psychologie morale ne permettent pas du tout d’affirmer que nous sommes, empiriquement parlant, des minimalistes moraux. Les résultats des recherches de Nucci et Turiel montrent que les personnes considèrent intuitivement que le domaine personnel – le domaine des actions qui affectent prioritairement l’agent lui-même – doit échapper au contrôle ou à l’interférence des autres personnes. Mais affirmer que c’est l’agent lui-même qui possède l’autorité légitime de décider dans le domaine personnel ne signifie pas que tout ce qu’il y fait soit moralement indifférent. (shrink)

Since the spread of Islam in Transoxiana (Mā-warāʾ al-Nahr), religious understandings based on the opinions of Abū Ḥanīfa (d. 150/767) have always been dominant in the region. Therefore, it was not possible for other understandings, which may seem to be opposite to Abū Ḥanīfa’s opinions, to be influential in the region. That Najjāriyya and Karrāmiyya could not be perennial in the region may be an example of this case. Similarly, Māturīdiyya, which benefited from Abū Ḥanīfa’s treatises of creed and his (...) rational method, could not adequately get the support of people at the time of Abū Manṣūr al-Māturīdī (d. 333/944) and Abū l-Muʿīn al-Nasafī (d. 508/1114) because the school was seen as an opposite approach to the prevailing imaginations about Abū Ḥanīfa. Moreover, the Ḥanafī jurists (Ḥanafī fuqahāʾ), who were influential in not only people but also bureaucracy, and the Ḥanafī theologians (Ḥanafī mutakallimūn), who followed al-Māturīdī’s theological method , did not come to terms on their interpretations of Abū Ḥanīfa. The Ḥanafī jurists who benefited mostly from juridical sources and manāqibworks were thinking different from the Ḥanafī theologians who relied on the treatises of Abū Ḥanīfa on such issues as the legitimacy of Kalām as a scholarly discipline, the responsibility of people of fatra(ahl al-fatra: people having no access to the message of Islam), and the creation of faith (īmān). The Ḥanafī jurists took different stance on various issues and argued that faith is not created; the informative (khabarī) attributes of God (ṣifāt Allāh) mentioned in the Qurʾān cannot be interpreted (taʾwīl); no one can be held accountable for faith only based on the intellect unless the message of the Prophet reaches to her or him; the people of fatracannot be responsible for faith. They also stated that Abū Ḥanīfa broke his relationship with the theological (kalāmī) issues in the last years of his life. Although these jurists accepted Abū Ḥanīfa’s distinction between faith and deeds and his view of the stability of one’s faith without increasing or decreasing they condemned theological discussions on these issues by going beyond the limits of the treatise of creed. While the Ḥanafī theologians known as the Ḥanafī scholars of Samarqand who adopted the religious views of Imām al-Māturīdī of Samarqand acknowledged the intellect and considered it as an independent source in religion, the Ḥanafī jurists known as the Ḥanafī scholars of Bukhārāauthorized the intellect only in understanding the transmission (naql) and its interpretation. The different opinions of the two groups can be seen clearly on the question of the religious responsibility of the people of fatra. When we look at the debates regarding Kalām and the Islamic law, we can see that the difference between these two cities (Samarqand and Bukhārā) stems from their methodological views on the epistemological values of the reason (ʿaql) and the transmission (tradition). Māturīdiyya is a school of theology established by the Ḥanafī theologians who upheld the necessity and significance of Kalām. It is possible to say that the Ḥanafī jurists did not contribute to the establishment and systematisation of this school; rather, they tried to prevent it. Our findings show that the Ḥanafī jurists who lived in Transoxiana differ from each other because of their different understandings of Abū Ḥanīfa. In the historical process extending today it is evident that the religious views of the Ḥanafī jurists and their interpretation of Abū Ḥanīfa have been prominent and effective, not that of Māturīdiyya, which is the understanding of the Ḥanafī theologians. (shrink)

Recension de la traduction française de l'ouvrage de F. Schauer, Penser en Juriste, Dalloz, 2018.

Does the idea of justice make sense only in the human world? Can it make sense also in the world of non-human animals? Put another way, is there scope for justice in the animal world, or is it simply a “might is right” world? Starting from recent research of ethologists, philosophers, psychologists, and jurists, we will reflect on the hypothesis of the existence of an “animal justice” through the identification of three possible contexts of justice in the animal world (distributive (...) justice, ludic fairness, retributive justice) and the analysis of a famous experiment on justice among monkeys. This research allows us to explore the axiological dimension of the hypothetical deontic world of non human animals. (shrink)

L’analyse des juristes médiévaux nous montre comment la manipulation des contradictions déontiques prima facie est associée, dans l’argumentation interprétative, à la théorie de la légitimité de la hiérarchie normative, entendue non seulement comme instrument politique mais aussi et essentiellement comme un instrument de rationalité au sein d’une science juridique orientée vers une théologie politique. La notion de droit naturel telle qu’elle apparaît dans certains documents emblématiques dont le Decretum de Gratien du XIIe s., ne peut être réduite au modèle intellectualiste (...) aristotélo-thomiste du XIIIe s. Il y a plusieurs façons de penser le droit naturel dans le monde médiéval chrétien et latin ; elles se maintiennent sur plusieurs siècles et l’une d’elles au moins a des points de contacts et de désaccord avec les traditions juives et musulmanes. Ces courants de pensée qui s’écartent du modèle intellectualiste aristotélo-thomiste peuvent être regroupés au sein d’une famille (au sens wittgensteinien) de modèles volontaristes : les contradictions déontiques peuvent être plus fortes que des contradictions prima facie, elles peuvent être d’authentiques contradictions renvoyant à un nouvel acte de volonté comme la seule façon d’éliminer la contradiction déontique. La théorie de Duns Scot peut être utilisée comme illustrant le problème d’une approche ontologique volontariste extrême. | Une autre version de cette contribution a été publiée dans Parisoli (2008d : 124–141). (shrink)

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

The passionate and staunch defence of logic of the controversial thinker Ibn Ḥazm, Abū Muḥammad ʿAlī b. Aḥmad b. Saʿīd of Córdoba (384-456/994-1064), had lasting consequences in the Islamic world. Indeed, his book Facilitating the Understanding of the Rules of Logic and Introduction Thereto, with Common Expressions and Juristic Examples (Kitāb al-Taqrīb li-ḥadd al-manṭiq wa-l-mudkhal ilayhi bi-l-alfāẓ al-ʿāmmiyya wa-l-amthila al-fiqhiyya), composed in 1025-1029, was well known and discussed during and after his time; and it paved the way for the studies (...) of his compatriots Ibn Bājjah (d. 1138), Ibn Ṭufayl (1185), and Ibn Rushd (1198), who each gave demonstrative reasoning a privileged place within the methods of attaining knowledge. Unfortunately, as too often in the history of science, Ibn Ḥazm’s innovative perspectives and contributions in logic have been overlooked or considered with an attitude of contempt. On the one hand, his work has been seen, at best, as promulgating the benefits of studying Aristotle’s logic, so that his contribution is assessed as more didactical than conceptual. And on the other hand, those who do examine his innovations often consider them to be mistaken. As indicated by Chejne (1984, p. 2) contempt towards the logical work of Ibn Ḥazm was also present in its reception by the Eastern philosophers who accused him of deviating from Aristotelian logic and of dabbling in things beyond his capability. However, a reassessment of his work on logic has since begun, by delving into the ways the thinker of Córdoba studied the links between deontic and modal qualification of propositions. In this context Lameer’s (2013) paper on the logical sources of Ibn Ḥazm is worth mentioning; the author (p. 417, footnote 1) observes that, although, strictly speaking, it was al-Fārābī who first drew the parallelism between deontic and modal concepts, it was Ibn Ḥazm who developed it and worked it out in a more precise manner. A primary aim of this paper is to help fill some of these gaps by stressing the role of the work of Ibn Ḥazm in developing a notion of deontic necessity deeply rooted in legal normativity, and in explicitly discussing the transference between deontic and modal concepts. According to our view; the basic units of Islamic deontic logic are what we might call, indulging in terminological anachronism, heteronomous imperatives. As it turns out, the heteronomy of imperatives within Islamic legal systems contrasts with those of the purely moral realm, which seem to be closer to an autonomous conception of moral law. There it concurs again with Leibniz’s proposal to define obligatory as “what is necessary for a good person to do”. In the present paper, we will focus on the heteronomous imperatives of legal systems rather than on the imperatives of the purely moral realm. In this context, the work of Ibn Ḥazm extends the parallelism between the necessity of events and that of human actions stressed by his predecessors. According to our understanding, Ibn Ḥazm’s parallelism can be rendered explicit formally by means of a conditional (or hypothetical) structure shared by both deontic and modal propositions. Moreover, this structure makes apparent that this parallelism displays an underlying system of “degrees”. Indeed, while in the domain of events, given some conditions, it makes sense to distinguish between an event that is more likely to happen than another. Ibn Ḥazm speaks of near and distant possibility (such as the higher degree of likelihood of rain, given the condensation of clouds in December, and its lower degree, when the condensation occurs in summer); and, in the domain of actions, the Islamic notion of weighting actions determines degrees of virtue (or of legal and moral value). So whereas the degree of virtue of performing a forbidden act as determined by the distribution of sanction and reward is 0, we obtain the same value by pondering the likelihood of an impossible event to take place. Furthermore, as discussed in section II.3.2, the system of values at work in the parallelism can be seen as opening the way to a more direct correspondence. Thus, while in the realm of nature, likelihood of occurrence of an event is dependent upon the conditions specific to the occurrence of that event; while, in the realm of jurisprudence, likelihood of performing an action is dependent upon the distribution of reward and sanction specific to that action (being that, given the choice to perform or not perform a given action, those that will be rewarded are more likely to be performed than those that are not). According to this perspective, the point of the parallelism is that both deontic and modal qualifications measure the degree of an action or event to become actual; that is – indulging once more in anachronism (but this time from the Leibnizian background) – the degree measures how feasible (facile) an action or event may be. This suggests that Ibn Ḥazm’s perspectives already herald the links to probability and possibility explored by Leibniz six centuries later – see for example Leibniz’s (1671, A VI, I, p. 424-26) use of probability in the context of conditional right. Nevertheless, it also shows a crucial difference to the approach developed in the Elementa Jura Naturalis: whereas Leibniz’s studies seek to define what is to be just or virtuous, the logical system of deontic imperatives within Islamic jurisprudence presupposes that what is to be virtuous has already been settled. Determining what is to be virtuous is not achieved by logical reasoning within the system of legal jurisprudence, but by delving into the higher objectives of the Sharīʿa. While developing our point, we will delve into the logical structure of the heteronomous imperatives. This distinguishes our contribution from the existing literature, such as the papers of Chejne (1984), Lameer (2014), and Guerrero (1997, 2010, 2014), which do not provide a logical analysis of the deontic concepts put into work by Ibn Ḥazm. The true antecedent to the present paper is the work of Farid Zidani (2007, 2015), who, so far as we know, was the first to undertake such a task. Some of our own developments and general epistemological thoughts go beyond Ibn Ḥazm’s framework and motivations; mainly those contained in sections II.3.2 and IV. However, according to our view, these reflections suggest that Ibn Ḥazm’s approach has the substance for a broader and deeper exploration of the logic of norms. The paper is structured as follows:I.Ibn Ḥazm’s Logic of Heteronomous Imperatives. After presenting some extracts of the relevant text, we proceed by providing a formal reconstruction of the five forms of deontic modalities. II. A Landmark in the History of the Logical Analysis of Norms. Duties and Modalities. In this section, we study the transferences from deontic to modal necessity and possibility. We briefly compare the deontic system of Islamic Jurisprudence with that of Leibniz.III. Leibniz and Hypothetical Imperatives in Law.IV. Beyond Ibn Ḥazm: Conclusions and the Work Ahead. We will conclude the paper by discussing briefly some conceptual points that distinguish the logic of heteronomous imperatives from contemporary deontic logic. Our final words will discuss deontic-modal parallelism in the context of Ibn Ḥazm’s rejection of reasoning by conjecture and what we call “the internalization of nature.”. (shrink)

Abū Ishāq al-Ṣaffār was one of scholars of the Western Qarakhānids’ period who followed the Kalām thought of al-Māturīdī (d. 333/944). His theological works Talkhīs al-adilla and Risāla fī al-kalām, his method in kalām, and frequent reference to his works by Ottoman and Arab scholars indicate that al-Ṣaffār is a respected and authorative Māturīdī theologian. The article focuses on his defense of the kalām. By adding a long introduction to Talkhīs about the naming, importance, and religious legitimacy of the science (...) of kalām, Saffār asserted that the kalām should be learned. When systematical vindication of the science of kalām is examined, it is understood that al-Ṣaffār is the first theologian who reserved a private and voluminous part for defensing the kalām among Ḥanafī-Māturīdīs. Even though he does not state its systematic, it can be understood that vindication of kalām in al-Ṣaffār divides into three parts as of explanation, demonstration and refutation. Al-Ṣaffār’s defending the science of kalām shows that there were opposite thoughts against kalām in the 4th/10th and 5th/11th centuries throughout in Transoxania. In this period Aṣḥāb al-Ḥadīth and Ikhwān al-Ṣafāʾ were the opposite fronts of kalām. In addition, he was trying to go beyond the oppositions of Ḥanafī jurists. His vindication is consistent and has scholarly depth because it is able to be against a strong opposition. -/- SUMMARY: Abū Ishāq Ibrahīm b. Ismāil Zāhid al-Ṣaffār al-Bukhārī is a scholar belonging to the Ḥanafī theological tradition which was improved by the contribution of Ḥanafī theologians who used thinking system of Abū Ḥanīfa (d. 150/767) as base and adopted Abū Manṣūr al-Māturīdī (d. 333/944) and his thoughts in historical process. The contents of his theological works Talkhīs al-adilla li-qawāʿid al-tawḥīd and Risāla fī al-Kalām, the method that he used, and references to his works made by Ottoman and Arab scholars indicate that he is an important Māturīdī theologian. The article focuses on his defense of the science of Kalām. -/- In Talkhīs al-adilla, there are two sections including the subject of naming, and importance and necessity of Kalām discipline. Here, the necessity of learning Kalām and its value are defended in detail. -/- Besides, rumors “Abū Ḥanīfa turned away from the science of Kalām in his doomsdays” and that “He prohibited to make occupation with Kalām completely” are evaluated. -/- When systematical vindication of the science of Kalām is examined, it is understood that al-Ṣaffār is the first theologian who reserved a private and voluminous part for defensing the Kalām among Ḥanafī Māturīdīs. Even if Abū Manṣūr al-Māturīdī, Abū al-Yusr al-Bazdawī (d. 493/1100) and Abū Muʿīn al-Nasafī (d. 508/1115) defend that the science of Kalām is not wrong for religion; yet, the vindication of Kalām does not take a place under a separate title and in a detailed manner in any of Māturīdī theologians works. -/- The method that al-Ṣaffār used when he is defending the science of Kalām, differs from strategy of Abū Ḥanīfa. While Abū Ḥanīfa has mentioned that there is a need for the science of Kalām under these new circumstances, al-Ṣaffār has defended theologians who were charged with being Ahl al-Bidaʿ, by trying to prove that the prophets especially the Prophet Ibrāhīm, even the Companions of the Prophet Muḥammad (Ṣaḥāba) and the Successors of the Companions (Tābiʿūn) scholars use their minds and make arguments in religious matters. In this respect, he emphasizes that the Qurʾān orders to think and discuss gently, not to be stay in silence: “And dispute with them, using what is best” (16.125-126). Therefore, he states that this discipline which took a mission to explain and defend the creed of Islam (ʿaqīda), cannot be characterized as an innovation (bidʿah) or illicit. -/- His vindication method can be defined as a more developed type of method that Abu’l-Ḥasan al-Ash’arī’s (d. 324/935) used in Risāla fī istiḥsān al-khawḍ fī ʿilm al-kalām. Even though he does not state its systematic, it can be understood that vindication of Kalām in al-Ṣaffār divides into three parts as of explanation, demonstration and refutation: -/- a) Explanation: Explaining the necessity and importance of the science of Kalām by giving information about its definition, names, value and place among other principles. -/- b) Demonstration: Revealing the religious basics of the science of Kalām from the Qurʾān, the Sunna of the Prophet Muḥammad, the Companions of the Prophet, and the Successors of the Companions thus specifying that it is legitimate for religion. -/- c) Refutation: Replying the claims having aim to weaken the value of Kalām principle and its religious legality. -/- Al-Ṣaffār describes ‘the science of Kalām’ as ‘Knowing the Real with the evidences which help to reach the absolute information’. By allocating the concept of 'Ḥaqq', he repeats the definition of Kalām as “it is to know God with certain evidences” in a part of his work, and “it is to know the principles of religion (uṣūl al-dīn) with certain evidences” in another part. He describes Kalām as “Knowing ḥaqq / God / uṣūl al-dīn by depending on evidence”, and tries to prove that it is wrong to consider a science which performs the stated duty, as illicit and abominable and thus turn away from it. -/- Al-Ṣaffār thinks that it is right to call this principle as ‘Kalām’ because of the certain evidences leading to the truth that this science has used. This thought was defended by other theologians as well. -/- For example, according to Saʿd al-Dīn Masʿūd al-Taftazānī (d. 792/1310) it seems like to say “This is the word (kalām), not the other knowings” by the way of the power of evidences used in Kalām.Thus, it is appropriate to give name Kalām for this science which based on certain evidences. -/- Al-Ṣaffār’s explanations revealed in scope of vindication of the Kalām are adopted by some of following scholars. Ḥusām al-Dīn al-Sighnāqī (d. 714/1314) in his book called al-Tasdīd sharḥ al-Tamhīd fī qawāʿid al-tawḥīd quotes Saffâr’s explanations as the same. -/- Al-Ṣaffār indicates that the method told in the Qurʾān is to reply questions about religion, beliefs and rejection instead of remaining in silence. The duty taken on by Kalām is this vindication activity performed by the prophets whose examples are described in the Qurʾān and which is legal and demanded. His way of thinking and vindication of the Kalām resembles that of Abū Manṣūr al-Māturīdī. Al-Māturīdī says, “Prophets and we were ordered to invite infidels to Islam. When this invitation happens, the respondents will ask for evidence and explanation, and discussion will be inevitable. Therefore, discussing and talking about subjects of Kalām is not objectionable”. -/- Thoughts of al-Māturīdī and al-Ṣaffār regarding the vindication of the Kalām were repeated by Nūr al-Dīn al-Ṣābūnī (d. 580/1184), and Fakhr al-Dīn al-Rāzī (d. 606/1210) later. According to al-Ṣābūnī, the evidences put against deniers and especially the discussion made by the Prophet Ibrāhīm to defend his own belief, prove the legality of Kalām discipline. Likewise, according to al-Rāzī, the duty of Kalām is just an activity performed already in the Qurʾān and ordered to the prophets. At this point of view, since the prophets were leading to Kalām, banning this activity is nonsense. -/- According to al-Ṣaffār, the reason for why Abu Hanifa avoids his son Hammād from these discussions is that Abu Hanifa does not like discussions based on obstinate. Otherwise, it cannot be that Abū Ḥanīfa prohibits to learn Kalām and make discussion about Kalām. According to him, this behavior of Abū Ḥanīfa results from that people discussing with him are ignorant about the subject of Kalām, discussion turns to an obstinate, and coming to an end of discussion seems impossible. This comment of al-Ṣaffār is quoted in Miftāḥ al-saʿāda wa-miṣbāḥ al-siyāda by ʿIṣām al-Dīn Aḥmed b. Muṣṭafā Tashköprüzāde (d. 968/1561) and in Minaḥ al-rawḍ al-azhar fī sharḥ al-Fiqh al-akbar by ʿAlī b. Sulṭān Muḥammad al-Qārī (d. 1014/1606) as same as his words. -/- Al-Ṣaffār’s defending the science of Kalām shows that there were opposite thoughts against Kalām in the 4th/10th and 5th/11th centuries throughout in Transoxania.In this period Aṣḥāb al-Ḥadīth and Ikhwān al-Ṣafāʾ were the opposite fronts of Kalām. In addition, he was trying to go beyond the oppositions of Ḥanafī jurists (fuqahāʾ). Because some of the Ḥanafī jurists thought that Abū Ḥanīfa forsook occupation with the science of Kalām and even he prohibited his son to have interest in this discipline. But some of Ḥanafī theologians such as al-Māturīdī, al-Nasafī and al-Ṣaffār protested this thought which describes Abū Ḥanīfa as a banner for Kalām. -/- His vindication is consistent and has scholarly depth because it is able to be against a strong opposition. -/- His book Talkhīs al-adilla li-qawāʿid al-tawḥīd is a unique source in terms of containing vindication of the Kalām in detail and also influencing the approaches of the next period scholars. (shrink)

No sermão pelo bom sucesso das armas de Portugal contra as da Holanda, Vieira explana todos os seus dotes de prosador invulgar, teólogo eminente, jurista incontornável, humanista convicto e, acima de tudo, patriota assumido. O presente trabalho pretende, sobretudo, relevar o poder argumentative do orador, seguindo de perto as considerações de Chaïm Perelman sobre a Retórica como "discurso que visa convencer ou persuadir". Simultaneamente, desta-cam-se os голоl ou valores universais patenteados no texto de Vieira e que constituem a base da (...) teoria da argumentação de Oswald Ducrot. \\\ In the "Sermon for the good success of the Portuguese army against Holland's", Vieira displays all his gifts as an uncommon writer, an excellent theologian, a non negligeable jurist, a convinced humanist, and, above all, a wholehearted patriot. This essay is an attempt to put in evidence the preacher's argumentative power, on the basis of Chaïm Perelman's considerations on Rethoric as "a speech that aims to convince or persuade". At the same time, we emphasize, as displayed in Vieira's text, the "topoi", or universal values, that are the basis of Oswald Ducrot's argumentation theory. (shrink)

Histoire et utilisation du robot Bien que la robotique soit un marché économique relativement jeune et en pleine croissance, la genèse des robots remonte à l’Antiquité. Le premier robot à être déployé sur des lignes d’assemblage est Unimate, utilisé dès 1961 par General Motors. La robotique, en se di usant dans tous les pans de notre économie, va impacter les business modèles de nombreuses industries comme l’automobile et l’aéronautique mais aussi la construction ou l’agriculture. Aujourd’hui les robots industriels et de (...) service servent à de multiples tâches allant de la logistique à l’usinage en passant par la fonderie. La robotique constitue aussi et surtout un enjeu sociétal contribuant à relever les dé s de la mobilité, de la santé, de l’autonomie, du vieillissement et de l’éducation. Absence de dé nition et de régime juridique spéci que au robot En France, la notion de robot ne fait pas l’objet d’une dé nition juridique qui lui est propre. Les dé nitions relatives à l’environnement robotique peuvent tout de même se retrouver dans la norme ISO 8373:2012. Bien que les robots intéressent les juristes à plusieurs titres, le législateur n’a, à ce jour, pas adopté de régime juridique spéci quement applicable aux robots. Il convient donc de rechercher dans le droit positif le corpus de textes applicables aux robots. Ce corpus pourra alors recevoir l’appellation de « droit de la robotique ». Garanties Le vendeur d’un robot industriel et de service doit se conformer aux garanties légales que sont la garantie des vices cachés et la garantie d’éviction. Il doit également respecter les éventuelles garanties qui ont pu être convenues contractuellement Clauses contractuelles Le fournisseur d’un robot industriel et de service doit être particulièrement attentif aux clauses contractuelles rela- tives à la garantie, à la propriété intellectuelle, à la con dentialité, à la responsabilité et à la conformité aux directives techniques. Les spéci cités liées au robot, telles que les éléments relatifs à l’intelligence arti cielle, pourront être intégrées dans des annexes spéci ques. Intelligence arti cielle L’algorithme d’intelligence arti cielle dont est équipé un robot industriel et de service peut, dans certaines condi- tions, béné cier d’une protection grâce au droit d’auteur, à la protection du savoir-faire et au brevet. Aucun régime spécial n’existe à ce jour protégeant les œuvres conçues par le robot intelligent. Mobilité Les véhicules et drones autonomes utilisés au sein même de l’usine sont considérés comme des machines. Etant don- né les risques existants, il convient de xer de règles internes d’utilisation. Les véhicules autonomes ne peuvent à ce jour quitter l’espace privé. En revanche, les drones peuvent circuler dans l’espace aérien en respectant strictement le cadre réglementaire. Douanes Le taux de perception des droits de douanes d’un robot industriel et de service est conditionné par la connaissance de l’origine, préférentielle ou non préférentielle, du robot qui est déterminée par la position tarifaire de ce dernier. Le robot industriel et de service entre dans le chapitre 84, qui concerne notamment les machines, de la nomenclature du système harmonisé établi par l’Organisation mondiale de douanes. Sécurité En application de la « directive machines », le robot peut recevoir la quali cation de machine ou de quasi-machine. En vertu de cette directive, mais également au titre du Code du travail, de nombreuses obligations en matière de santé et de sécurité doivent être respectées pour la commercialisation et l’utilisation des robots. Conformité Le Code du travail, en transposant la « directive machines », a prévu de nombreuses obligations et procédures, appli- cables aux robots industriels et de service, permettant ainsi de s’assurer que ces derniers respectent les exigences de conformité nécessaires en matière de santé et de sécurité. Maintenance Dans le cadre de la maintenance, le fournisseur d’un robot industriel et de service est soumis à plusieurs obligations législatives aux titres de la disponibilité des pièces détachées et de la location. Les dispositions contractuelles de- vront prendre en considération les spéci cités propres au robot et ne pas ignorer la maintenance prédictive. Quali cation juridique Dans le cadre de la conception, de la fabrication et de l’utilisation du robot, il convient de porter une attention par- ticulière à quatre textes spéciaux qui peuvent être applicables aux robots industriels et de service : le règlement 428/2009 sur les biens à double usage, la directive 2014/35/UE applicable au matériel électrique basse tension, la directive 2014/53/UE applicable aux équipements radioélectriques et la directive 2014/30/UE sur la compatibilité électromagnétique. Responsabilité Bien que les régimes de responsabilité, civile et pénale, ne sont pas adaptés aux robots autonomes, la responsabilité civile de droit commun, la responsabilité du fait des choses, la responsabilité du fait des produits défectueux et la responsabilité des commettants du fait de leurs préposés peuvent s’appliquer en cas de fait dommageable causé par le robot tout comme la responsabilité pénale en cas d’infraction commise dans le cadre de l’utilisation du robot. Assurance La police d’assurance relative aux robots doit permettre de protéger le robot contre les risques auxquels ils sont confrontés mais également d’assurer la responsabilité pour les dommages qu’ils pourraient causer, on peut alors parler de « dommages robotiques ». Données et bases de données Les bases de données contenues dans un robot industriel et de service doivent respecter les droits dont dispose l’auteur sur la structure de la base de données et/ou les droits du producteur des bases de données dans lesquelles gurent les données utilisées. La réglementation Informatique et libertés est également applicable au robot lorsque celui-ci collecte et/ou traite des données personnelles. Droit de la robotique dans le monde Aucun Etat ne s’est à ce jour doté d’un régime juridique détaillé et spéci que à la robotique. Des dispositions juri- diques relatives aux robots peuvent tout de même se retrouver de façon éparse dans certains droits étrangers concer- nant notamment les drones et les véhicules terrestres autonomes. (shrink)

Descartes’s cogito – I am thinking, therefore I am – is an intuitive deduction. Contrary to Transparency, certainty of I am thinking does not come easily; it’s achieved by making introspection perfectly clear through radical doubt. Scientia – rational immunity to doubt – comes with the habit of intuiting with perfect clarity that skepticism is false. (This is the second of two companion entries; the prequel is called, "Descartes's Clarity First Epistemology.").

Creativity pervades human life. It is the mark of individuality, the vehicle of self-expression, and the engine of progress in every human endeavor. It also raises a wealth of neglected and yet evocative philosophical questions. The Philosophy of Creativity takes up these questions and, in doing so, illustrates the value of interdisciplinary exchange.

Descartes holds that when you perceive something with perfect clarity, you are compelled to assent and cannot doubt. (This is a psychological claim.) Many commentators read him as endorsing Psychologism, according to which this compulsion is a matter of brute psychological force. I show that, in Descartes’s view, perfect clarity provides a reason for assent—indeed a perfect reason, which precludes any reason for doubt. (This is a normative claim.) Furthermore, advancing a view I call Rational Force, he holds that the (...) normative claim explains the psychological one: since your will is naturally responsive to reasons, you are compelled to assent because you have a perfect reason to assent. This coheres with his view that will is essentially active, self-determined, and free. The force that clarity exerts on the will is not the brute push of an efficient cause, but the rational pull of a final cause. (shrink)

Creativity pervades human life. It is the mark of individuality, the vehicle of self-expression, and the engine of progress in every human endeavor. It also raises a wealth of neglected and yet evocative philosophical questions: What is the role of consciousness in the creative process? How does the audience for a work for art influence its creation? How can creativity emerge through childhood pretending? Do great works of literature give us insight into human nature? Can a computer program really be (...) creative? How do we define creativity in the first place? Is it a virtue? What is the difference between creativity in science and art? Can creativity be taught? The new essays that comprise The Philosophy of Creativity take up these and other key questions and, in doing so, illustrate the value of interdisciplinary exchange. Written by leading philosophers and psychologists involved in studying creativity, the essays integrate philosophical insights with empirical research. CONTENTS I. Introduction Introducing The Philosophy of Creativity Elliot Samuel Paul and Scott Barry Kaufman II. The Concept of Creativity 1. An Experiential Account of Creativity Bence Nanay III. Aesthetics & Philosophy of Art 2. Creativity and Insight Gregory Currie 3. The Creative Audience: Some Ways in which Readers, Viewers and/or Listeners Use their Imaginations to Engage Fictional Artworks Noël Carroll 4. The Products of Musical Creativity Christopher Peacocke IV. Ethics & Value Theory 5. Performing Oneself Owen Flanagan 6. Creativity as a Virtue of Character Matthew Kieran V. Philosophy of Mind & Cognitive Science 7. Creativity and Not So Dumb Luck Simon Blackburn 8. The Role of Imagination in Creativity Dustin Stokes 9. Creativity, Consciousness, and Free Will: Evidence from Psychology Experiments Roy F. Baumeister, Brandon J. Schmeichel, and C. Nathan DeWall 10. The Origins of Creativity Elizabeth Picciuto and Peter Carruthers 11. Creativity and Artificial Intelligence: a Contradiction in Terms? Margaret Boden VI. Philosophy of Science 12. Hierarchies of Creative Domains: Disciplinary Constraints on Blind-Variation and Selective-Retention Dean Keith Simonton VII. Philosophy of Education (& Education of Philosophy) 13. Educating for Creativity Berys Gaut 14. Philosophical Heuristics Alan Hájek. (shrink)

Descartes is widely portrayed as the arch proponent of “the epistemological transparency of thought” (or simply, “Transparency”). The most promising version of this view—Transparency-through-Introspection—says that introspecting (i.e., inwardly attending to) a thought guarantees certain knowledge of that thought. But Descartes rejects this view and provides numerous counterexamples to it. I argue that, instead, Descartes’s theory of self-knowledge is just an application of his general theory of knowledge. According to his general theory, certain knowledge is acquired only through clear and distinct (...) intellection. Thus, in his view, certain knowledge of one’s thoughts is acquired only through clear and distinct intellection of one’s thoughts. Introspection is a form of intellection and it can be clear and distinct. Ordinarily, however, introspection isn’t clear and distinct but is instead confused with dubitable perceptions of bodies. To make introspection clear and distinct, we need to “sharply separate” it from all perceptions of bodies by doubting all perceptions of bodies. Without such radical doubt, introspection remains confused and we lack certain knowledge not just of the specific features of our thoughts, but even of the minimal claim that a thought exists. Far from being the high priest of Transparency, Descartes is radically opposed to it. (shrink)

Descartes has a Clarity First epistemology: (i) Clarity is a primitive (indefinable) phenomenal quality: the appearance of truth. (ii) Clarity is prior to other qualities: obscurity, confusion, distinctness – are defined in terms of clarity; epistemic goods – reason to assent, rational inclination to assent, reliability, and knowledge – are explained by clarity. (This is the first of two companion entries; the sequel is called, "Descartes's Method for Achieving Knowledge.").

This essay focuses on theories of creativity from six historical figures, while noting comparisons to several others. In Ancient Greece: (i) Plato advances the thesis that the poet is a passive vessel inspired by a muse. (ii) Aristotle replies with the antithesis that the poet creates through skilled activity. (iii) Longinus provides the synthesis. Plato is right that poets are passively inspired with original ideas – though the source is natural genius instead of some muse. But Aristotle is also right (...) that the poet must actively employ skill. In early modern Europe: (iv) Margaret Cavendish argues that through creativity women can enjoy some freedom and happiness despite oppression. (v) Alexander Gerard and Immanuel Kant both inherit the Longinian synthesis. Gerard says we form original ideas through remote associations. (vi) Kant notices that although the genius must be passive in the origination of ideas, she must also be active in the very same process, because she merits acclaim for her originality. Kant designs his theory of genius to resolve this Paradox of Creative Agency. (shrink)

Clear and distinct perception is the centrepiece of Descartes’s philosophy — it is the source of all certainty — but what does he mean by ‘clear’ and ‘distinct’? According to the prevailing approach, what it means for a perception to be clear is that its content has a certain objective property, like truth. I argue instead that clarity is at least partly a subjective, phenomenal quality whereby a content is presented as true to the perceiving subject. Clarity comes in degrees. (...) Any weak degree of clarity, available to the senses, can be merely subjective, since what it presents as true may not actually be true. But complete clarity, available to intellectual perception, has an objective dimension, since what it presents as true is always some truth, some bit of reality. Further, I argue that the other perceptual qualities that Descartes identifies — obscurity, confusion, and distinctness — are all defined in terms of clarity. Of particular note is the fact that distinctness is not a positive feature to be added to clarity: a distinct perception is just a completely clear perception. (shrink)

This paper explicates Descartes’ theory of intuition (intuitus). Departing from certain commentators, I argue that intuition, for Descartes, is a form of clear and distinct intellectual perception. Because it is clear and distinct, it is indubitable, infallible, and provides a grade of certain knowledge he calls ‘cognitio’. I pay special attention to why he treats intuition as a form of perception, and what he means when he says it is ‘clear and distinct’. Finally, I situate his view in relation to (...) those of his Scholastic predecessors on one hand and current theories on the other. His view anticipates the contemporary ‘perceptual model of intuition’, though it is much bolder with its promise of certainty. (shrink)

Three kinds of things may be creative: persons, processes, and products. The standard definition of creativity, used nearly by consensus in psychological research, focuses specifically on products and says that a product is creative if and only if it is new and valuable. We argue that at least one further condition is necessary for a product to be creative: it must have been produced by the right kind of process. We argue furthermore that this point has an interesting epistemological implication: (...) when you judge a product to be creative--attributing creativity--you are not just judging it to be new and valuable. Even if you did not witness how it was produced, you are also making a judgement about how it was produced. (shrink)

Part one of this two-part paper looked at the modern semantic developments underlying Gilson’s innovative and highly influential semantic theory in Being and Some Philosophers (BSP)—the existential neutrality of the copula, the distinction between predication and some positing or “thetic” function of judgment, and the distinction between predication and assertion. The present part of this paper offers a rereading of Gilson’s work in light of this modern backdrop. It argues that Gilson’s BSP, rather than being a purely historical exegesis of (...) the logical writings of a thirteenth-century friar, is a work of original philosophizing inspired by Aquinas, but principally engaged with modern debates. In particular, it advances a Brentano- inspired reading of Aquinas in place of Maritain’s Pfänder-inspired reading of him. Rereading Gilson in his historical setting clarifies the meaning and implication of many phrases and theses that have become commonplaces in philosophical discourse, in part because of Gilson’s work. (shrink)

Since late antiquity, a connection was made between Jews and the psychological state of despondency based, in part, on the link between melancholy and Saturn, and the further association of the Hebrew name of that planet, Shabbetai, and the Sabbath. The melancholic predisposition has had important anthropological, cosmological, and theological repercussions. In this essay, I focus on various perspectives on melancholia in thinkers as diverse as Kafka, Levinas, Blanchot, Rosenzweig, Benjamin, Bloch, Scholem, and Derrida. A common thread that links these (...) thinkers is the hopelessness of hope imparted by the messianic belief in a future that must be perpetually deferred. (shrink)

We present a criterion for the use of thought experiments as a guide to possibilia that bear on important arguments in philosophy of religion. We propose that the more successful thought experiments are closer to the world in terms of phenomenological realism and the values they are intended to track. This proposal is filled out by comparing thought experiments of life after death by Peter van Inwagen and Dean Zimmerman with an idealist thought experiment. In terms of realism and values (...) we contrast an exemplary thought experiment by Iris Murdoch with one we find problematic by William Irwin. (shrink)

Gilson’s Being and Some Philosophers (BSP) has been widely influential well beyond Thomistic circles, but its modern historical sources and logical consequences call for further investigation. The first part of this two-part article explores three modern semantic assumptions or principles without which BSP’s innovative theory of existential judgment cannot be fully appreciated—the existential neutrality of the copula ubiquitous among modern logicians; Kant’s introduction of a positing or “thetic” function of judgment, the understanding of which evolved in nineteenth-century logic; and the (...) distinction between predication and assertion, generally accepted by late nineteenth century logicians. Part two of this paper offers a rereading of Gilson’s BSP as an implicit critique of and alternative to Maritain’s synthesis of Aquinas with these modern developments. (shrink)

This piece raises a new challenge for Christian materialist accounts of human persons. Revisiting one of the perennial challenges for Christian materialism, explaining the metaphysical compatibility of resurrection and the life everlasting with materialist metaphysics, I argue that resuscitation phenomena reported in scripture undermine van Inwagen’s and Zimmerman’s attempts to reconcile resurrection and materialism. Although this challenge to Christian materialism is not insurmountable, it provides good reason to reject several of the most serious Christian materialist projects and offers a reason (...) for Christians to consider alternatives to materialism. (shrink)

It is universally acknowledged that, for St. Thomas, there is a distinction between human persons or supposits and their natures or essences. But it is usually thought that there is no parallel distinction between the angelic person or supposit and its nature. Yet, as this paper argues, Aquinas consistently puts forward just such a distinction. This paper surveys Aquinas’s arguments for the unique identity of God with his essence and the corresponding distinctions between created persons and their essences, showing in (...) the process how the distinction found in angels differs from that found in material substances. It is important to recognize the distinction between supposit and nature in angels not only for its own sake as it touches on his understanding of created persons—human or angelic—but also insofar as it sheds light on Aquinas’s understanding of divine simplicity and of other act-potency compositions in creatures. (shrink)

In In V Metaphysics, lec. 9, Aquinas distinguishes between “being by accident” (ens per accidens) and “being by itself” (ens per se) and includes the nine accidental categories under the latter. But isn’t substance a being per se while accidents are, by definition, accidental beings? Several authors—including Ralph McInerny, Paul Symington, and Greg Doolan—have offered explanations of this strange classification. Drawing on an overlooked parallel text in the Posterior Analytics commentary and on Aquinas’s critique of Avicenna’s understanding of accidental denominatives, (...) this paper presents an alternative explanation of the lecture. In the process, it clarifies how Aquinas views the relation of the ten categories to predication and suggests important implications for how we should understand the analogy of being and the phrase “substantial being” (esse substantiale). -/- [Winner of the Leo Elder's Junior Scholar Essay Contest (2024)]. (shrink)

Metaethical expressivism faces the perennial objection that its commitment to non‐cognitivism about moral judgment renders the view revisionary of our ordinary moral thought. The standard response to this objection is to say that since the expressivist's theoretical commitments about the nature of moral judgment are independent of normative ethics, the view cannot be revisionary of normative ethics. This essay seeks to evaluate the standard response by exploring several senses of independence that expressivism might enjoy from normative ethics. I develop a (...) taxonomy on which, at least by the expressivist's own lights, normative ethics is not dependent on non‐cognitivism about moral judgment in a way that might render that claim itself normative ethical. The argument will require us to formulate a theory of moral subject matter according to the expressivist, a matter of independent interest. Although this discussion will essentially vindicate the standard response to the perennial objection, it will also highlight a major limitation thereof. This is that even for the expressivist, the taxonomic independence of non‐cognitivism about moral judgment from normative ethics does not guarantee its moral independence from normative ethics; that is, showing that non‐cognitivism about moral judgment is not a moral claim is not itself to show that it is not a morally relevant claim. I conclude by arguing that the question of moral dependence, usually discussed under the heading of objectivity, is ultimately first‐order moral rather than taxonomic, and so can only be resolved on first‐order moral grounds. (shrink)

_ Source: _Volume 25, Issue 1, pp 5 - 35 In this essay, I place Buber’s thought in dialogue with Eckhart. Each understood that the theopoetic propensity to imagine the transcendent in images is no more than a projection of our will to impute form to the formless. The presence of God is made present through imaging the real, but imaging the real implies that the nonrepresentable presence can only be made present through the absence of representation. The goal of (...) the journey is to venture beyond the Godhead in light of which all personalistic depictions of the divine person are rendered idolatrous. Perhaps this is the most important implication of Eckhart’s impact on Buber, an insight that may still have theopolitical implications in a world where too often personifications of the God beyond personification are worshipped at the expense of losing contact with an absolute person that cannot be personified absolutely. (shrink)

Thomistic commentators agree that Thomas Aquinas at least nominally allows for 'to be' (esse) to signify not only an act contrasted with essence in creatures, but also the essence itself of those creatures. Nevertheless, it is almost unheard of for any author to interpret Thomas's use of the word 'esse' as referring to essence. Against this tendency, this paper argues that Thomas's In V Metaphysics argument that every predication signifies esse provides an important instance of Thomas using esse to signify (...) essence. This reading of In V Metaphysics, which this paper defends against an alternative interpretation, entails significant reinterpretations of Thomas's technical terms 'esse substantiale' and 'esse in rerum natura' as well as Thomas's use of 'is,' both as a copula and as a principal predicate. (shrink)

No presente artigo, pretendemos oferecer uma análise da explication nominal de Leibniz do que é “ser uma substância individual” oferecida em Discurso de Metafísica §8, assim como uma concernindo o entendimento leibniziano do que sejam definições nominais em geral. O presente artigo será dividido em quatro partes: Em primeiro lugar, tentaremos argumentar contra uma interpretação tradicional e bem-estabelecida, embora não completamente incontroversa, da explication de Leibniz em Discurso de Metafísica §8. Em segundo lugar, tentaremos abordar o entendimento geral de Leibniz (...) de uma definição nominal, ao passo que argumentamos a favor da implicação mútua entre as duas definições disponíveis no corpus leibnitianum. Em terceiro lugar, pretendemos apresentar uma interpretação alternativa positiva da explication de Leibniz. Finalmente, tentaremos lidar com um aparente problema de tal interpretação concernindo ao comprometimento existencial presente na mesma por meio de uma análise do uso estrito por parte de Leibniz do termo “substância”. (shrink)

In a few texts, Thomas Aquinas says that the first operation of the intellect pertains to (respicit) “the quiddity of a thing” whereas the second operation pertains to “the to be itself of a thing” (esse). But Aquinas also says that quiddities are to the intellect as color is to the power of sight. Statements such as these seem to have led Jacques Maritain and Étienne Gilson to see esse as the proper object of the intellect’s second operation. Against this (...) conclusion, Fr Régis and Ralph McInerny have argued—using Aquinas’s In I Peryermenias, lecture 5—that since ‘is’ is a verb and ‘is’ signifies existence, but all verbs signify the first operation of the intellect, we must be able to form a concept of existence in the first operation of the intellect. This paper does three things. First, it analyzes the nature of the claim made by Maritain and Gilson. Second, it shows from internal textual evidence that “respicit ipsum esse rei” cannot mean what Maritain and Gilson take it to mean. The second operation of the intellect cannot have a proper object distinct from the object of the first operation, which is quiddities. Finally, this paper provides an alternative interpretation of In I Peryermenias, lecture 5, to the one given by McInerny. In that text, Aquinas does not speak about a particular concept of existence in the first operation of the intellect and signified by the verbs ‘is’ or ‘exists.’ Rather, he uses the word ‘esse’ in indirect speech to include generally any form or act joined to a subject by the copula, ‘is.’ Aquinas’s focus is not on what ‘esse’ or ‘est’ signifies, but on the mode in which it signifies (per modum actualitas) absent additional qualifying terms. The conclusion of this paper is that, although the esse contrasted with essence in Aquinas’s metaphysics corresponds to a concept in the intellect’s first operation, nevertheless, like the notions of blindness and of genus, this esse cannot fall properly within the intellect’s object. (shrink)

Although the question of whether, in the thought of Thomas Aquinas, sanctifying grace is “created” or “uncreated” has received considerable attention in the last several decades, many of the questions and arguments proposed by those, such as Karl Rahner, Jerome Ebacher, and A.N. Williams, in favor of grace being uncreated have gone unanswered. Among these ancillary questions and arguments are those concerning the proper subject of grace, the categorial classification of grace, and the reason for the mystery and unconsciousness of (...) grace. These questions appear unrelated, but, as this paper argues, they are each logically connected to each other and to the overall thesis that sanctifying grace is created, not uncreated. This paper aims to make Aquinas’s thesis that grace is created more palatable to objectors by addressing each of these previously unaddressed ancillary questions. (shrink)

Interpreting others' actions is essential for understanding the intentions and goals in social interactions. Activity in the motor cortex is evoked when we see another person performing actions, which can also be influenced by the intentions and context of the observed action. No study has directly explored the influence of reward and punishment on motor cortex activity when observing others' actions, which is likely to have substantial relevance in different social contexts. In this experiment, EEG was recorded while participants watched (...) movie clips of a person performing actions that led to a monetary reward, loss or no change for the observer. Using the EEG mu rhythm as an index of motor resonance, our results demonstrate that observation of rewarding actions produce significantly greater motor cortex activity than punishing or neutral actions, with punishing actions producing greater activity than neutral ones. In addition, the dynamic change in the mu rhythm over sensorimotor cortex is modulated by reward and punishment, with punishing actions producing a prolonged suppression. These findings demonstrate that the associated reward value of an observed action may be crucial in determining the strength of the representation of the action in the observer's brain. Consequently, reward and punishment is likely to drive observational learning through changes in the action observation network, and may also influence how we interpret, understand, engage in and empathize with others' actions in social interaction. (shrink)

The main goal of this dissertation is to offer both an interpretation to the theory of singular representations as presented by Leibniz in his writings from the 1680’s, as well as a hypothesis of a criticism made by Kant to what we take to be the cornerstones of such a theory. These cornerstones consist in (i) the Principle of Identity of Indiscernibles (ii) the Doctrine of the Complete Notion of the Individual Substance (iii) the Intensional Definitions of the Truth Values. (...) Once the writings in which (ii) and (iii) are presented only began to be published in the XIX century, we argue in favor of the plausibility of such a hypothesis by means of logical arguments, which intend to show that Kant could have deduced (ii) and (iii) from Leibniz’ commitment to (i) as well as to the existence of a parfaite représentation of ordinary objects in the divine understanding, and historical arguments, which intend to show that Kant could have had access to both (ii) and (iii) and even ascribed these to Leibniz by means of Meier’s Auszug aus der Vernunftlehre and Wolff’s Philosophia Rationalis sive Logica. We will add to these, also textual arguments in order to show that there is in Kant’s philosophy not only a critique to (i), but also to (ii) e (iii), as well as an interpretation of what this criticism consists in. (shrink)

We offer a brief characterization of creativity, followed by a review of some of the reasons people have been skeptical about the possibility of explaining creativity. We then survey some of the recent work on creativity that is naturalistic in the sense that it presumes creativity is natural (as opposed to magical, occult, or supernatural) and is therefore amenable to scientific inquiry. This work is divided into two categories. The broader category is empirical philosophy, which draws on empirical research while (...) addressing questions that have traditionally been regarded as philosophical. The second category is experimental philosophy, a special branch of empirical philosophy in which experiments are designed (by philosophers) with the explicit purpose of addressing philosophical questions. All of this highlights the relative theoretical neglect of creativity, while at the same time suggesting ample opportunity for experimentally minded philosophers to break new ground. (shrink)

This article considers Friedrich Kittler’s deterministic media theory as both an appropriation and mutation of Michel Foucault’s archaeological method. Focusing on these two thinkers’ similar but divergent conceptions of the “death of man,” it will be argued that Kittler’s approach attempts to expunge archaeology of its last traces of Kantian transcendentalism by locating the causal agents of epistemic change within the domain of empirical experience, but in doing so, actually amplifies the anthropological vestiges that Foucault hoped to eradicate. The result (...) is an alluring but dogmatically positivist theory of mediatic causality that, in spite of its best efforts, can only reify, rather than dispel, the image of “so-called man.”. (shrink)

Achieving space domain awareness requires the identification, characterization, and tracking of space objects. Storing and leveraging associated space object data for purposes such as hostile threat assessment, object identification, and collision prediction and avoidance present further challenges. Space objects are characterized according to a variety of parameters including their identifiers, design specifications, components, subsystems, capabilities, vulnerabilities, origins, missions, orbital elements, patterns of life, processes, operational statuses, and associated persons, organizations, or nations. The Space Object Ontology provides a consensus-based realist framework (...) for formulating such characterizations in a computable fashion. Space object data are aligned with classes and relations in the Space Object Ontology and stored in a dynamically updated Resource Description Framework triple store, which can be queried to support space domain awareness and the needs of spacecraft operators. This paper presents the core of the Space Object Ontology, discusses its advantages over other approaches to space object classification, and demonstrates its ability to combine diverse sets of data from multiple sources within an expandable framework. Finally, we show how the ontology provides benefits for enhancing and maintaining longterm space domain awareness. (shrink)

The question I want to explore is whether experience supports an antireductionist ontology of time, that is, whether we should take it to support an ontology that includes a primitive, monadic property of nowness responsible for the special feel of events in the present, and a relation of passage that events instantiate in virtue of literally passing from the future, to the present, and then into the past.

A book review of Raffaella De Rosa's Descartes and the Puzzle of Sensory Representation".

Given the technological constraints of long-duration space travel and planetary settlement, off-Earth humans will likely need to employ food systems very different from their terrestrial counterparts, and newly emerging food technologies are being developed that will shape novel food systems in these off-Earth contexts. Projected off-Earth food systems may therefore potentially “alienate” their users in new ways compared to Earth-based food systems. They will be susceptible to alienation in ways that are similar to such potential on Earth, where there are (...) points of overlap between off-Earth food systems and any of the multitudes of ways in which food systems on Earth are structured. They will also be susceptible to new forms of alienation, as we encounter scenarios that are genuinely structurally novel to humanity. These are especially important to consider since there are comparatively fewer analyses of these food systems where they differ from existing ones. We propose five non-exhaustive sources of value beyond nutrition our individual relationships with a food may possess: gustatory, social, cultural, epistemic, and authorial value. Using these, we offer examples of ways in which an off-Earth food system may exacerbate or alleviate alienation for humans in long-term off-Earth food systems. (shrink)

Initial responses to questionnaires used to assess participants' understanding of informed consent for malaria vaccine trials conducted in the United States and Mali were tallied. Total scores were analyzed by age, sex, literacy (if known), and location. Ninety-two percent (92%) of answers by United States participants and 85% of answers by Malian participants were correct. Questions more likely to be answered incorrectly in Mali related to risk, and to the type of vaccine. For adult participants, independent predictors of higher scores (...) were younger age and female sex in the United States, and male sex in Mali. Scores in the United States were higher than in Mali (P = 0.005). Despite this difference participants at both sites were well informed overall. Although interpretation must be qualified because questionnaires were not intended as research tools and were not standardized among sites, these results do not support concerns about systematic low understanding among research participants in developing versus developed countries. (shrink)

The neutral and nearly neutral theories of molecular evolution are sometimes characterized as theories about drift alone, where drift is described solely as an outcome, rather than a process. We argue, however, that both selection and drift, as causal processes, are integral parts of both theories. However, the nearly neutral theory explicitly recognizes alleles and/or molecular substitutions that, while engaging in weakly selected causal processes, exhibit outcomes thought to be characteristic of random drift. A narrow focus on outcomes obscures the (...) significant role of weakly selected causal processes in the nearly neutral theory. (shrink)

The integration of biomedical terminologies is indispensable to the process of information integration. When terminologies are linked merely through the alignment of their leaf terms, however, differences in context and ontological structure are ignored. Making use of the SNAP and SPAN ontologies, we show how three reference domain ontologies can be integrated at a higher level, through what we shall call the OBR framework (for: Ontology of Biomedical Reality). OBR is designed to facilitate inference across the boundaries of domain ontologies (...) in anatomy, physiology and pathology. (shrink)