This article discusses the logical form of action sentences with particular attention to the role of adverbial modification, reviewing and extending the event analysis of action sentences.

This chapter is concerned with plural discourse in the grammatical sense. The goal of the chapter is to urge the value of the event analysis of the matrix of action sentences in thinking about logical form in plural discourse about action. Among the claims advanced are that: -/- 1. The ambiguity between distributive and collective readings of plural action sentences is not lexical ambiguity, either in the noun phrase (NP) or in the verb (...) phrase (VP), but an ambiguity tracing to the scope of the event quantifier introduced by the action verb. 2. This allows us to analyze collective action sentences in a way that commits us only to individual agents acting when we say that groups act, without denying that there are groups as such or that we talk about them as such. 3. Intermediate readings, that seem to be neither purely distributive nor purely collective, can be explained in terms of the same apparatus. (shrink)

In "The Logical Form of Action Sentences" Donald Davidson argues that Hans Reichenbach's analysis of action and event sentences is "radically defective." I show that Reichenbach can easily deflect Davidson's objections, thus leaving their respective accounts largely comparable.

The literature on material composition has largely ignored the composition of actions and events. I argue that this is a mistake. I present a set of individually plausible yet jointly inconsistent claims regarding the connection between quantification and existence, the composition of physical entities and the logical forms of action sentences.

This paper offers an analysis of the logical form of plural action sentences that shows that collective actions so ascribed are a matter of all members of a group contributing to bringing some event about. It then uses this as the basis for a reductive account of the content of we-intentions according to which what distinguishes we-intentions from I-intentions is that we-intentions are directed about bringing it about that members of a group act in accordance with (...) a shared plan. (shrink)

This paper replies to Himmelreich's ‘The Paraphrase Argument Against Collective Actions’ [2017], which presents three putative counterexamples to the multiple agents analysis of plural action sentences. The paper shows that the argument from the first example, the discursive dilemma, fails because it relies crucially on a simplification of the target analysis, and that the others don't bear on the question because they turn out on examination to be about individual rather than group action sentences.

This book is a general defence of Donald Davidson's and G.E.M. Anscombe's 'unifying' approach to the individuation of actions and other events against objections raised by Alvin I. Goldman and others. It is argued that, ironically, Goldman's rival 'multiplying' account is itself vulnerable to these objections, whereas Davidson's account survives them. Although claims that the unifier-multiplier dispute is not really substantive are shown to be unfounded, some room for limited agreement over the ontological status of events is indicated. Davidson's causal (...) criterion of event identity is then defended against charges of triviality or inadequacy. It is concluded that Davidson's criterion is not primarily a criterion for arriving at particular judgments of individuation, but a metaphysical standard for the correctness of such judgments, however arrived at. Contents: Unifiers vs. Multipliers - Davidson's individuation of events - Goldman's act generation - causal, 'by'-relational, and temporal problems - ontology and event constituents - Davidson's causal criterion. This book is unique in providing a detailed survey and analysis of the recent unifier-multiplier dispute, and will be of interest to all researchers in action theory, as well as those working more broadly in metaphysics, philosophy of language, and philosophy of mind. (shrink)

Many candidates have been tried out as proximate causes of actions: belief-desire pairs, volitions, motives, intentions, and other kinds of pro-attitudes. None of these mental states or events, however, seems to be able to do the trick, that is, to get things going. Each of them may occur without an appropriate action ensuing. After reviewing several attempts at closing the alleged “causal gap”, it is argued that on a correct analysis, there is no missing link waiting to be (...) discovered. On the counterfactual account of singular causation, the onset of belief or desire may perfectly well cause an action, although no kind of mental antecedent is ever a causally sufficient condition for a specific kind of action to occur. (shrink)

In this paper, I argue that the temporal connective prima (‘before’) is a comparative adverb. The argument is based on a number of grammatical facts from Italian, showing that there is an asymmetry between prima and dopo (‘after’). On the ground of their divergent behaviour, I suggest that dopo has a different grammatical status from prima. I propose a semantic treatment for prima that is based on an independently motivated analysis of comparatives which can be traced back to Seuren (...) (in: Kiefer and Ruwet (eds.) Generative grammar in Europe, 1973). Dopo is analyzed instead as an atomic two-place predicate which contributes a binary relation over events to the sentence meaning. The different semantic treatments of the two connectives provide an explanation for the grammatical asymmetries considered at the outset; interestingly, they also shed some light on other asymmetries between prima and dopo, which are known to hold for the English temporal connectives before and after as well: these asymmetries are related to the veridicality properties, the distribution of NPIs, and the logical properties of these connectives first described in Anscombe (Philos Rev 73:3–24, 1964). (shrink)

A pressing problem for many non-realist1 theories concerning various specific subject matters is the challenge of making sense of our ordinary propositional attitude claims related to the subject in question. Famously in the case of ethics, to take one example, we have in ordinary language prima facie ascriptions of beliefs and desires involving moral properties and relationships. In the case, for instance, of “Jason believes that Kylie is virtuous”, we appear to have a belief which takes Kylie to be a (...) certain way. If Jason desires that Kylie acts as she ought, he appears to have a desire which has as its content that Kylie perform actions of a certain sort (i.e. the actions that she ought to perform). However, for non-cognitivists in ethics who reject the idea that sentences such as “Kylie is virtuous” or “Kylie acts as she ought” are in the business of making truth-apt claims, or representing that certain moral features are possessed by objects or events, or even, in extreme cases, that such claims express propositions at all, the semantic analysis of the example propositional attitude claims made about Jason will have to be non-standard. (This is merely an application of the well-known “Frege-Geach problem” (see Geach 1965) to the case of embedding moral vocabulary in propositional-attitude ascriptions.). (shrink)

Event concepts are unstructured atomic concepts that apply to event types. A paradigm example of such an event type would be that of diaper changing, and so a putative example of an atomic event concept would be DADDY'S-CHANGING-MY-DIAPER.1 I will defend two claims about such concepts. First, the conceptual claim that it is in principle possible to possess a concept such as DADDY'S-CHANGING-MY-DIAPER without possessing the concept DIAPER. Second, the empirical claim that we actually possess such (...) concepts and that they play an important role in our cognitive lives. The argument for the empirical claim has the form of an inference to the best explanation and is aimed at those who are already willing to attribute concepts and beliefs to infants and nonhuman animals. Many animals and prelinguistic infants seem capable of re-identifying event-types in the world, and they seem to store information about things happening at particular times and places. My account offers a plausible model of how such organisms are able to do this without attributing linguistically structured mental states to them. And although language allows adults to form linguistically structured mental representations of the world, there is no good reason to think that such structured representations necessarily replace the unstructured ones. There is also no good reason for a philosopher who is willing to explain the behavior of an organism by appealing to atomic concepts of individuals or kinds to not use a similar form of explanation when explaining the organism's capacity to recognize events. -/- We can form empirical concepts of individuals, kinds, properties, event-types, and states of affairs, among other things, and I assume that such concepts function like what François Recanati calls ‘mental files’ or what Ruth Millikan calls ‘substance concepts’ (Recanati 2012; Millikan 1999, 2000, 2017). To possess such a concept one must have a reliable capacity to re-identify the object in question, but this capacity of re-identification does not fix the reference of the concept. Such concepts allow us to collect and utilize useful information about things that we re-encounter in our environment. We can distinguish between a perception-action system and a perception-belief system, and I will argue that empirical concepts, including atomic event concepts, can play a role in both systems. The perception-action system involves the application of concepts in the service of (often skilled) action. We can think of the concept as a mental file containing motor-plans that can be activated once the individual recognizes that they are in a certain situation. In this way, recognizing something (whether an object or an event) as a token of a type, plays a role in guiding immediate action. The perception-belief system, in contrast, allows for the formation of beliefs that can play a role in deliberation and planning and in the formation of expectations. I distinguish between two particular types of belief which I call where-beliefs and when-beliefs, and I argue that we can model the formation of such perceptual beliefs in nonlinguistic animals and human infants in terms of the formation of a link between an empirical concept and a position on a cognitive map. According to the account offered, seemingly complex beliefs, such as a baby's belief that Daddy changed her diaper in the kitchen earlier, will not be linguistically structured. If we think that prelinguistic infants possess such concepts and are able to form such beliefs, it is likely that adults do too. The ability to form such beliefs does not require the capacity for public language, and we can model them in nonlinguistic terms; thus, we have no good reason to think of such beliefs as propositional attitudes. Of course, we can use sentences to refer to such beliefs, and thus it is possible to think of such beliefs as somehow relations to propositions. But it is not clear to me what is gained by this as we have a perfectly good way to think about the structure of such beliefs that does not involve any appeal to language. (shrink)

A critical review of the main themes arising out of recent literature on the semantics of ordinary event talk. The material is organized in four sections: (i) the nature of events, with emphasis on the opposition between events as particulars and events as universals; (ii) identity and indeterminacy, with emphasis on the unifier/multiplier controversy; (iii) events and logical form, with emphasis on Davidson’s treatment of the form of action sentences; (iv) linguistic applications, with emphasis on issues concerning (...) aspectual phenomena, the telicity/atelicity distinction, the treatment of statives, and temporal quantification. (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)

Introduction & Objectives: Norwich’s Entropy Theory of Perception (1975 [1] -present) stands alone. It explains many firing-rate behaviors and psychophysical laws from bare theory. To do so, it demands a unique sort of interaction between receptor and brain, one that Norwich never substantiated. Can it now be confirmed, given the accumulation of empirical sensory neuroscience? Background: Norwich conjoined sensation and a mathematical model of communication, Shannon’s Information Theory, as follows: “In the entropic view of sensation, magnitude of sensation is regarded (...) as a measure of the entropy or uncertainty of the stimulus signal” [2]. “To be uncertain about the outcome of an event, one must first be aware of a set of alternative outcomes” [3]. “The entropy-establishing process begins with the generation of a [internal] sensory signal by the stimulus generator. This is followed by receipt of the [external] stimulus by the sensory receptor, transmission of action potentials by the sensory neurons, and finally recapture of the [response to the internal] signal by the generator” [4]. The latter “recapture” differentiates external from internal stimuli. The hypothetical “stimulus generators” are internal emitters, that generate photons in vision, audible sounds in audition (to Norwich, the spontaneous otoacoustic emissions [SOAEs]), “temperatures in excess of local skin temperature” in skin temperature sensation [4], etc. Method (1): Several decades of empirical sensory physiology literature was scrutinized for internal “stimulus generators”. Results (1): Spontaneous photopigment isomerization (“dark light”) does not involve visible light. SOAEs are electromechanical basilar-membrane artefacts that rarely produce audible tones. The skin’s temperature sensors do not raise skin temperature, etc. Method (2): The putative action of the brain-and-sensory-receptor loop was carefully reexamined. Results (2): The sensory receptor allegedly “perceives”, experiences “awareness”, possesses “memory”, and has a “mind”. But those traits describe the whole human. The receptor, thus anthropomorphized, must therefore contain its own perceptual loop, containing a receptor, containing a perceptual loop, etc. Summary & Conclusions: The Entropy Theory demands sensory awareness of alternatives, through an imagined brain-and-sensory-receptor loop containing internal “stimulus generators”. But (1) no internal “stimulus generators” seem to exist and (2) the loop would be the outermost of an infinite nesting of identical loops. (shrink)

Based on the notion of a trope, this paper gives a novel analysis of identificational sentences such as 'this is Mary','this is a beautiful woman', 'this looks like Mary', or 'this is the same lump of clay, but not the same statue as that'.

Olle Blomberg challenges three claims in my book From Individual to Plural Agency (Ludwig, Kirk (2016): From Individual to Plural Agency: Collective Action 1. Vols. 2. Oxford: Oxford University Press.). The first is that there are no collective actions in the sense in which there are individual actions. The second is that singular action sentences entail that there is no more than one agent of the event expressed by the action verb in the way required (...) by that verb (the sole agency requirement). The third, is that an individual intention, e.g. to build a boat, is not satisfied if you don’t do it yourself. On the first point, I grant that Blomberg identifies an important distinction between simple and composite actions the book did not take into account, but argue it doesn’t show that there are collective actions in the same sense there are individual actions. On the second point, I argue from examples that the collective reading of plural action sentences doesn’t entail the distributive reading, which requires the sole agency requirement on singular action sentences. This settles the third point, since it entails that if you intend to build a boat, you are successful only if you are the only agent of it in the sense required by the verb. (shrink)

This book is the result of Searle's stay in the Munster University Philosophy Dept in 2009 and all the papers except his introductory one and his final response are from persons associated with Munster. However all the papers were written or revised later and so are one of the most up to date looks at his views available as of mid 2013. S has in my view made more fundamental contributions to higher order descriptive psychology (philosophy) than anyone since Wittgenstein (...) and has been writing world class material for over 50 years. He is also (like W before him) regarded as the best standup philosopher alive and has taught and lectured worldwide. He is also one of the clearest and most careful writers in the field so one would think that every philosopher writing an article on his work would have an up to date and accurate understanding of his ideas. Unfortunately this book shows that this is far from true. All the 11 articles make major mistakes regarding his views and regarding what he (and I) would regard as an accurate description of behavior. -/- Searle's obliviousness (which he shares with most philosophers) to the modern two systems framework and to the full implications of W’s “radical” epistemology as stated most dramatically in his last work ‘On Certainty’, is most unfortunate (as I have noted in many reviews). It was Wittgenstein who did the first and best job of describing the two systems (though nobody else has noticed) and OC represents a major event in intellectual history. Not only is Searle unaware of the fact that his framework is a straightforward continuation of W, but everyone else is too, which accounts for the lack of any significant reference to W in this book. As usual one also notes no apparent acquaintance with Evolutionary Psychology, which can enlighten all discussions of behavior by providing the real ultimate evolutionary and biological explanations rather than the superficial proximate cultural ones. -/- However, his comment on p212 is right on the money—the ultimate explanation (or as W insists the description) can only be a naturalized one which describes how mind, will, self, intention work and cannot meaningfully eliminate them as ‘real’ phenomena. Recall Searle’s famous review of Dennett’s ‘Conscious Explained’ entitled “Consciousness explained away”. And this makes it all the more bizarre that Searle should repeatedly state that we don’t know for sure if we have free will and that we have to ‘postulate’ a self (p218-219). As he notes “The neuro-biological processes and the mental phenomena are the same event, described at different levels” and “How can conscious intentions cause bodily movement?…How can the hammer move the nail in virtue of being solid? …If you analyze what solidity is causally…if you analyze what intention-in-action is causally, you see analogously there is no philosophical problem left over.” -/- Also I would state “The heart of my argument is that our linguistic practices, as commonly understood, presuppose a reality that exists independently of our representations.” (p223) as “Our life shows a world that does not depend on our existence and cannot be intelligibly challenged.” This book is valuable principally as a recent synopsis of the work of one the greatest philosophers of recent times. But there is also value in analyzing his responses to the many basic confusions manifested in the articles by others. Since this review I have written many articles extending the framework of the logical structure of rationality and commenting in depth on Searle and Wittgenstein which are all readily available on the net. -/- Those wishing a comprehensive up to date account of Wittgenstein, Searle and their analysis of behavior from the modern two systems view may consult my article The Logical Structure of Philosophy, Psychology, Mind and Language as Revealed in Wittgenstein and Searle (2016). Those interested in all my writings in their most recent versions may download from this site my e-book ‘Philosophy, Human Nature and the Collapse of Civilization Michael Starks (2016)- Articles and Reviews 2006-2016’ by Michael Starks First Ed. 662p (2016). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX . (shrink)

This paper seeks to bring out the difference between the later Wittgenstein’s and Davidson’s view of actions with a special focus. Initially it contrasts their respective approaches to the correlative notions of wish, will (intention) and actions, an issue which has customarily been categorized as reason-approach of Wittgenstein as against the mental causation theory endorsed by Davidson. The ultimate aim of this paper is to integrate the ontology of actions with the semantic issue of the distinction between reference and description (...) action-words, or that between the extensionalist and intensionalist approach to actions. The author demonstrates how Davidson in spite of conscientiously problematising the task of separating the mental causal antecedent from the action, goes on to undertake a hair-splitting analysis to sustain the split; and thereby preserve the extensional identity of actions. This extensional identity in Davidson’s scheme turns out to be as brute physical events with bare spatio-temporal outlines - lying beyond the various intensional ascriptions. For Wittgenstein on the other hand, actions are not caused by mental antecedents, but blend with wish, will and the so-called mental antecedents to forge an indissoluble whole, leaving no scope for the proposed bare extension to take shape. The paper concludes with a brief indication of McDowell’s treatment of this cause/reason polemics phrased in terms of the non-conceptualist versus conceptualist debate suggesting a new direction to engage with Wittgenstein’s insights on action. (shrink)

This paper will first give an overview of the role of events in semantics against the background of Davidsonian semantics and its Neo-Davidsonian variant. Second, it will discuss some serious issues for standard views of events in contemporary semantics and present novel proposals of how to address them. These are [1] the semantic role of abstract (or Kimean) states, [2] wide scope adverbials, and [3] the status of verbs as event predicates with respect to the mass-count distinction. The paper (...) will show that abstract states as the entities described by (most) stative verbs are incompatible with Neo-Davidsonian event semantics and proposes a decompositional analysis of stative verbs that may be able to overcome the difficulty. The paper will argue that in addition to Davidsonian events, the semantics of adverbials requires events as truthmakers as well as actions as more complex entities sharply distinguished from events. The paper will also argue that the verbal domain of events sides with mass nouns rather than dividing into mass and count, unlike event nouns. (shrink)

Most explanations are either about events (why things happen), or about properties (why objects have the enduring characteristics that they do). Explanations of events have been studied extensively in philosophy and psychology, whereas the explanations of properties have received little or no attention in the literature. The present study is an exploration of the ways in which we explain various types of properties. Ten participants provided explanations of 45 properties by completing sentences of the form: “Xs have p because…” (...) where p is a property of the concept X. When coded into three traditional kinds of explanation (i.e. causal, purposive, categorical), nearly half of the explanations did not fit into any of these categories and were classified as “other”. Different patterns of preference for explanations emerged across the various property types for each domain. A qualitative analysis of the other kind revealed that the most frequent form of explanation involved another property of the object, as in ‘Xs have property p because they have property q”. Explanations of properties showed a homeostatic character. Simply relating two properties of a concept seems sufficient as an explanation of a property. (shrink)

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

Background Analysis of aphasic narratives can be a challenge for clinicians. Previous studies have mainly employed measures that categorized speech samples at the word level. They included quantification of the use and misuse of different word classes, presence and absence of narrative contents and errors, paraphasias, and perseverations, as well as morphological structures and errors within a narrative. In other words, a great amount of research has been conducted in the aphasiology literature focusing on micro-linguistic structures of oral narratives. (...) Aspects of macro- linguistic structures, such as the analysis of content information by a speaker, consistency of using cohesive devices to present information within a narrative, and order of presenting information necessary to form a coherent discourse, have not been extensively investigated. The current investigation proposes a clinical analytic system to target three aspects of macro-linguistic structures in narratives among speakers with aphasia. Specifically, (1) the presence of search events (i.e., the mentioning of key events that allow the listener to understand; Capilouto, Wright, &Wagovich, 2006) within a narrative, (2) the sequence of the mentioned events, and (3) the informativeness (i.e., the fulfillment of lexical items that allow the user to understand what the event is detailing) of the event contents, were focused in the proposed framework. Method Ten controls transcripts from were selected from the AphasiaBank (MacWhinney, Fromm, Forbes, & Holland, 2011). Three narrative tasks, including sequential picture description of ‘Refused Umbrella’, procedural narrative of making a ‘Peanut Butter and Jelly Sandwich’, and telling of ‘Cinderella’ story, were used to establish normative data for the basis of analysis. Specifically, the Search Events (e) and Informative Words (i) used by at least 70% of the speakers were listed for each genre. The sequential order of mentioning the Search Events, i.e., common order of events in 90% of the speakers, (s.total) was determined. Twelve speakers with aphasia (nine fluent and three non-fluent) were recruited and administered the Western Aphasia Battery and Object and Action Naming Battery. Their performance in the above three discourse tasks were orthographically transcribed and analyzed using the following measures: e.total, e.matched with norm, e.missed, e.irrlevant, e.extra, s.total, i.pb&j, i.umbr, i.cind, and i.total. Three samples were randomly chosen to be re-analyzed for inter- and intra-rater reliability. Results Results of an independent t-test suggested significant differences between the fluent and non-fluent subjects in sequential order of Search Events for all genres (s.total) and i.total, suggesting sensitivity of this framework to differentiate between the two fluency groups. Results of Pearson product-moment correlations revealed significant relation between Informative Words and WAB spontaneous speech scores, AQ, as well as OAB scores, for both aphasic groups. The mean value of coefficients for intra-rater reliability (0.992), with significant correlations on e.match, e.miss, and e.extra, was higher than that of inter-rater reliability (0.897). Discussion Based on our preliminary results, this objective framework allowed clinical evaluation of impairment in macro-linguistic structures present in aphasic discourse. Further extension should involve more subjects encompassing a wider range of severity with different types of aphasia. (shrink)

This paper gives an account of proxy agency in the context of collective action. It takes the case of a group announcing something by way of a spokesperson as an illustration. In proxy agency, it seems that one person or subgroup's doing something counts as or constitutes or is recognized as (tantamount to) another person or group's doing something. Proxy agency is pervasive in institutional action. It has been taken to be a straightforward counterexample to an appealing deflationary (...) view of collective action as a matter of all members of a group making a contribution to bringing about some event. I show that this is a mistake. I give a deflationary account of constitutive rules in terms of essentially collective action types. I then give an account of one form of constitutive agency in terms of constitutive rules. I next give an account of status functions—of which being a spokesperson is one—that also draws on the concept of a constitutive rule. I then show how these materials help us to see how proxy agency is an expression of the agency of all members of the group credited with doing something when the proxy acts. (shrink)

This paper describes a method for the analysis of the evolutionary path of a complex, dynamic, and contingent social phenomenon in an empirical setting. Given empirical evidence of a surprising or anomalous fact, which contradicts the prediction of the wide-acknowledged theory, the goal is to formulate a plausible explanation based on the context of occurrence, taking a holistic and historical point of view. The procedure begins by translating theoretical propositions into grammar rules to describe patterns of either individual (...) class='Hi'>action or interaction that may occur within the hypothesized social system. The result is a category of social process in which the objects are types of decision-making events carried by a stable community of actors over time, and the relationships between them are state transitions revealed in the sequences of event outcomes. Therefore, structural comparison between pairs of representative instances result in an extension of the category of social processes, relying on the configurations of contextual conditions that enable the occurrence of the new event outcome in specific empirical settings. (shrink)

According to the Causal Theory of Action (CTA), genuine actions are individuated by their causal history. Actions are bodily movements that are causally explained by citing the agent’s reasons. Reasons are then explained as some combination of propositional attitudes – beliefs, desires, and/or intentions. The CTA is thus committed to realism about the attitudes. This paper explores current models of decision-making from the mind sciences, and argues that it is far from obvious how to locate the propositional attitudes in (...) the causal processes they describe. The outcome of the analysis is a proposal for pluralism: there are several ways one could attempt to map states like “intention” onto decision-making processes, but none will fulfill all of the roles attributed to the attitudes by the CTA. (shrink)

In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will then analyse the (...) arguments made by both academic experts and pundits who agree with Google’s claim that if the first sentence had been left unchallenged, it would have opened the floodgates to several other jurisdictions that would as a consequence have used it as a pretext to increase control on the internet, jeopardising in such a way free speech, which has been seen so far as an inalienable right which should not be censored. Finally, by going beyond the sentences and their immediate contexts, we will propose a theoretical justification of our analysis. Our main claim is that the value of the right to privacy is based on the argument that its violation would undermine citizens’ capacity to participate effectively in democratic politics. (shrink)

The moot point of the Western philosophical rhetoric about free will consists in examining whether the claim of authorship to intentional, deliberative actions fits into or is undermined by a one-way causal framework of determinism. Philosophers who think that reconciliation between the two is possible are known as metaphysical compatibilists. However, there are philosophers populating the other end of the spectrum, known as the metaphysical libertarians, who maintain that claim to intentional agency cannot be sustained unless it is assumed that (...) indeterministic causal processes pervade the action-implementation apparatus employed by the agent. The metaphysical libertarians differ among themselves on the question of whether the indeterministic causal relation exists between the series of intentional states and processes, both conscious and unconscious, and the action, making claim for what has come to be known as the event-causal view, or between the agent and the action, arguing that a sort of agent causation is at work. In this paper, I have tried to propose that certain features of both event-causal and agent-causal libertarian views need to be combined in order to provide a more defendable compatibilist account accommodating deliberative actions with deterministic causation. The ‘‘agent-executed-eventcausal libertarianism’’, the account of agency I have tried to develop here, integrates certain plausible features of the two competing accounts of libertarianism turning them into a consistent whole. I hope to show in the process that the integration of these two variants of libertarianism does not challenge what some accounts of metaphysical compatibilism propose—that there exists a broader deterministic relation between the web of mental and extra-mental components constituting the agent’s dispositional system—the agent’s beliefs, desires, short-term and long-term goals based on them, the acquired social, cultural and religious beliefs, the general and immediate and situational environment in which the agent is placed, etc. on the one hand and the decisions she makes over her lifetime on the basis of these factors. While in the ‘‘Introduction’’ the philosophically assumed anomaly between deterministic causation and the intentional act of deciding has been briefly surveyed, the second section is devoted to the task of bridging the gap between compatibilism and libertarianism. The next section of the paper turns to an analysis of folk-psychological concepts and intuitions about the effects of neurochemical processes and prior mental events on the freedom of making choices. How philosophical insights can be beneficially informed by taking into consideration folk-psychological intuitions has also been discussed, thus setting up the background for such analysis. It has been suggested in the end that support for the proposed theory of intentional agency can be found in the folk-psychological intuitions, when they are taken in the right perspective. (shrink)

I start with some famous comments by the philosopher (psychologist) Ludwig Wittgenstein because Pinker shares with most people (due to the default settings of our evolved innate psychology) certain prejudices about the functioning of the mind and because Wittgenstein offers unique and profound insights into the workings of language, thought and reality (which he viewed as more or less coextensive) not found anywhere else. The last quote is the only reference Pinker makes to Wittgenstein in this volume, which is most (...) unfortunate considering that he was one of the most brilliant and original analysts of language. -/- In the last chapter, using the famous metaphor of Plato’s cave, he beautifully summarizes the book with an overview of how the mind (language, thought, intentional psychology) –a product of blind selfishness, moderated only slightly by automated altruism for close relatives carrying copies of our genes--works automatically, but tries to end on an upbeat note by giving us hope that we can nevertheless employ its vast capabilities to cooperate and make the world a decent place to live. -/- Pinker is certainly aware of but says little about the fact that far more about our psychology is left out than included. Among windows into human nature that are left out or given minimal attention are math and geometry, music and sounds, images, events and causality, ontology (classes of things), dispositions (believing, thinking, judging, intending etc) and the rest of intentional psychology of action, neurotransmitters and entheogens, spiritual states (e.g, satori and enlightenment, brain stimulation and recording, brain damage and behavioral deficits and disorders, games and sports, decision theory (incl. game theory and behavioral economics), animal behavior (very little language but a billion years of shared genetics). Many books have been written about each of these areas of intentional psychology. The data in this book are descriptions, not explanations that show why our brains do it this way or how it is done. How do we know to use the sentences in their various way (i.e., know all their meanings)? This is evolutionary psychology that operates at a more basic level –the level where Wittgenstein is most active. And there is scant attention to context. -/- Nevertheless this is a classic work and with these cautions is still well worth reading. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle’ 2nd ed (2019). Those interested in more of my writings may see ‘Talking Monkeys--Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet--Articles and Reviews 2006-2019 3rd ed (2019), The Logical Structure of Human Behavior (2019), and Suicidal Utopian Delusions in the 21st Century 4th ed (2019). (shrink)

Obituaries represent a prominent way of expressing the human universal of grief. According to philosophers, obituaries are a ritualized way of evaluating both individuals who have passed away and the communities that helped to shape them. The basic idea is that you can tell what it takes to count as a good person of a particular type in a particular community by seeing how persons of that type are described and celebrated in their obituaries. Obituaries of those killed in conflict, (...) in particular, are rich repositories of communal values, as they reflect the values and virtues that are admired and respected in individuals who are considered to be heroes in their communities. In this paper, we use natural language processing techniques to map the patterns of values and virtues attributed to Australian military personnel who were killed in action during World War I and World War II. Doing so reveals several clusters of values and virtues that tend to be attributed together. In addition, we use named entity recognition and geotagging the track the movements of these soldiers to various theatres of the wars, including North Africa, Europe, and the Pacific. (shrink)

Despite the popularity that the embodied cognition thesis has gained in recent years, explicit memories of events personally experienced are still conceived as disembodied mental representations. It seems that we can consciously remember our personal past through sensory imagery, through concepts, propositions and language, but not through the body. In this article, I defend the idea that the body constitutes a genuine means of representing past personal experiences. For this purpose, I focus on the analysis of bodily movements associated (...) with the retrieval of a personal memory, which have certain features that make them different from procedural memories, pragmatic actions and common gestures, as well as other forms of embodied memories found in recent literature. I refer to these as “kinetic memories” and analyse their representative nature as well as their adaptive functions. Kinetic memories are bodily movements in which some event or action that took place in the past can be seen, because they are an externalisation of the subject’s inner intention of representing a past personal experience. Kinetic memories represent a past experience sometimes by imitation of a past movement, and other times through embodied symbols and metaphors. Furthermore, although sometimes they present direct pragmatic benefits, such as communicative benefits, they seem to enhance the whole reexperience of the past event and memory recall, which I argue is one important adaptive value. (shrink)

This paper offers a new interpretation of John Austin’s views both on assertion and on adverbs, as result of which an expressivist thesis concerning the semantics for action sentences is advanced. First, Austin’s analysis of assertion based on various, specific assertive forces and his remarks on adverbs are systematically connected in order to obtain assertive schemata for action sentences. Finally, those schemata are put to work as the expression of inferential commitments implicit in argumentative practices (...) of different sorts (exculpatory, justificatory and illustrative) in the deployment of which, both logical contrariety and contradiction are exploited. (shrink)

The notion of epistemic responsibility applied to memory has been in general examined in the framework of the responsibilities that a collective holds for past injustices, but it has never been the object of an analysis of its own. In this article, I propose to isolate and explore it in detail. For this purpose, I start by conceptualizing the epistemic responsibility applied to individual memories. I conclude that an epistemic responsible individual rememberer is a vigilant agent who knows when (...) to engage in different kinds of mental and non-mental actions in order to monitor and update her memories, and who develops and nurture different kinds of virtuous attitudes that guide those actions. These (epistemic) virtuous attitudes are oriented not only towards herself but also towards others. Whereas this conception of epistemic responsibility does not pose a problem to understand shared memories of family members and friends, it may seem suspicious when applied to large-scale collective memories. These memories, which I name historical memories, are memories of events that have a traumatic impact for the community, are permeated by unequal relations of power, keep a complex relationship with historical science, and present other characteristics that distinguish them from individual memories. But despite these differences, the analysis undertaken in this work shows that the general principles that govern the epistemic responsibility of individual and (large-scale) collective rememberers are similar, and are based on similar grounds: pragmatic considerations about the consequences of misremembering or forgetting and a feeling of care. The similarities at the individual and collective scale of the epistemic vigilant attitude that is and should be taken toward our significant past may partially justify the use of the same epithet—“memory”—to refer to these different kinds of representations. (shrink)

In the ancient Greek world, the concept of 'miasma,' which becomes permanent and has the potential to grow over time due to evil acts such as murder committed in the city, is a concept frequently referred to in many classical tragedies. To the extent that miasma has a bad connotation due to its nature and is a situation that occurs due to evil actions, it can be considered together with the philosophical problem of evil. In this study, we aim to (...) examine the concept of miasma by focusing on the characters in La Jauría, one of the most prominent films of recent South American cinema, rather than a purely conceptual analysis of the concept. Filmed in the jungles of Colombia and directed by Colombian director Andrés Ramírez Pulido, the 2022 film La Jauría is a psychological drama that focuses on the lives of young people involved in crime. The tragic story of Eliu, the protagonist of the film, which takes place mainly in a prison specially designed to rehabilitate inmates, seems to us to be a very suitable focal point for examining the concepts of miasma, catharsis, and ecstasy, which are frequently referred to in ancient Greek tragedy. To do so, we will first address the various contexts in which miasma has been used historically, considering the flow of events in the movie La Jauría. Then, we will look at the relationship of the concept of miasma with the problem of evil. Finally, we will discuss the possibilities of the concept of purification, which is seen as a kind of antidote to miasma. (shrink)

Mental causation is a problem and not just a problem for the nonphysicalist. One of the many lessons learned from Jaegwon Kim’s writings in the philosophy of mind is that mental causation is a problem for the nonreductive physicalist as well. A central component of the common sense picture we have of ourselves as persons is that our beliefs and desires causally explain our actions. But the completeness of the “brain sciences” threatens this picture. If all of our actions are (...) causally explained by neurophysiological events occurring in our brains, what causal role is left for our reasons and motives? It would seem that these brain events do all the causal work there is to do, thus robbing the mental of its efficacy altogether or else making it a merely superfluous or redundant causal factor. This essay presents a systematic treatment of this exclusion dilemma from the perspective of a nonreductive physicalist. I argue that both horns of this dilemma can be avoided if we ground mental causation in counterfactual dependence between distinct events and understand the mind-body relation as event realization. Although in the final analysis our actions are overdetermined by their mental and neurophysiological antecedents, this overdetermination is entirely unproblematic. (shrink)

If we are to develop efficient, reliable and secure means for sharing information across healthcare systems and organizations, then a careful analysis of human actions will be needed. To address this need, the HL7 organization has proposed its Reference Information Model (RIM), which is designed to provide a comprehensive representation of the entire domain of healthcare centered around the phenomenon of human action. Taking the Basic Formal Ontology as our starting point, we examine the RIM from an ontological (...) point of view, describing how it fails to provide a representation of the healthcare domain which would enjoy the sort of clarity, coherence, rigor and completeness that is claimed on its behalf. (shrink)

The consensus is that in his 1755 Nova Dilucidatio, Kant endorsed broadly Leibnizian compatibilism, then switched to a strongly incompatibilist position in the early 1760s. I argue for an alternative, incompatibilist reading of the Nova Dilucidatio. On this reading, actions are partly grounded in indeterministic acts of volition, and partly in prior conative or cognitive motivations. Actions resulting from volitions are determined by volitions, but volitions themselves are not fully determined. This move, which was standard in medieval treatments of free (...) choice, explains why Kant is so critical of Crusius’s version of libertarian freedom: Kant understands Crusius as making actions entirely random. In defense of this reading, I offer a new analysis of the version of the principle of sufficient reason that appears in the Nova Dilucidatio. This principle can be read as merely guaranteeing grounds for the existence of things or substances, rather than efficient causes for states and events. As such, the principle need not exclude libertarian freedom. Along the way, I seek to illuminate obscure aspects of Kant’s 1755 views on moral psychology, action theory, and the threat of theological determinism. (shrink)

This article takes Propp’s work on Russian fairy tales as point of departure for a general theory of character. It is widely held that oral narratives lack complexity in characterization; but it is argued that all narratives can imply psychological traits. It is the case that Propp’s analysis is primarily in terms of ‘functions’-- generalized constant actions performed by various personages. However, one aspect of his study is devoted to how functions are distributed among the dramatis personae into ‘spheres (...) of action’. Seven are recognized, including hero, villain, helper, among others. These are comparable to roles in semantic (case) analysis of sentence structure, such as agent, patient, etc. Propp’s analysis is marred by a number of inconsistencies, with the consequence that his narrative roles are in need of extensive revision. Greimas has complained that Propp presented the roles as a simple inventory, stopping short of a systematic inquiry into relations among them. He offers his alternative ‘actantial model’. However, his model is inadequate in that it fails to recognize that two separate systems of narrative roles need to be recognized, one that holds for ‘dramatic’ narrative structure, the other for ‘instrumental’ narrative structure. (shrink)

the proclivity of many people to classify human acts as good or bad calls into mind the import of ETHICS. The penchant for classification warrants the evaluation of the bases for saying that one is bad or good action. Normally, human act is ethical if it is in accordance with what one would relatively expect in view of the events or the circumstances and unethical if the action is not called for by the circumstances, or a person whose (...) behavior is disorderly and inconsistent. The same observations harbor on perception rather than on paradigms and frameworks which ethicists have somehow perfected to classify bad behavior into one division and good behavior into another. The study of ETHICS will therefore increase proficiency at least in moral decision making. Likewise, knowledge of the course will give students certain techniques for evaluating others’ action as moral or immoral, including their own. ETHICS is the science of action but the action herein alluded to is not the action that concerns those that are unconscious and spontaneous. Action here is that resulting from intellect and will herein referred to as human act. ETHICS is both a theoretical and a practical discipline. The language of ethics refers to rights, duties, and values. One of the goals of ethics is to explore the nature of moral experience, its universality, and its diversity. Another is to provide intellectual analysis of values, and value conflicts in order to define man’s duties. Also, it is oriented toward the determination of right decisions. In order to do that, it is necessary to go step by step, analyzing, first, the facts of the case, second, the values at stake, and third, the duties. In short, ETHICS has the very practical purpose of helping us to choose, decide, and act morally. It should enable us to discover defects in the action of others and to avoid defects in our own action. (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)

Bishop sentences such as “If a bishop meets a bishop, he blesses him” have long been considered problematic for the descriptivist (or E-type) approach of donkey anaphora (e.g. Evans, 1977; Heim, 1990; and Neale, 1990). Elbourne (2005) offers a situational descriptivist analysis that allegedly solves the problem, and furthermore extends its explanatory coverage to bishop sentence with coordinate subjects. However, I throw serious doubts on Elbourne’s analysis. Specifically, I argue that the purported solution is committed to the (...) use of unbound anaphora, and it cannot sustain the claimed empirical adequacy. (shrink)

This work offers an analysis of all the legal and moral issues surrounding humanitarian intervention: the deaths of innocent persons and the Doctrine of Double Effect Governmental legitimacy - The Doctrine of Effective Political Control; UN Charter and evaluation of the Nicaragua ruling; The Morality of not intervening; US-led invasion of Iraq; Humanitarian intervention authorised by the UN Security Council - Iraq, Somalia, Haiti, Rwanda, and Bosnia among others highlight NATO's intervention in Kosovo; The Nicaragua Decision; and The precedents (...) of Panama, Liberia and Sierra Leone. The book's features include: a new framework based on the doctrine of double effect; basic principles of international ethics; outline of the moral argument for humanitarian intervention; explores the morality and legality of military action to end tyranny or anarchy; arguments in a much more detailed and complete fashion than in previous editions; in-depth examination of philosophy of international law; the relationship between custom and moral theory; new discussion of the question of right authority; and a full analysis of recent interventions in Kosovo and Iraq. book addresses a broad interdisciplinary audience of international lawyers, philosophers, and political scientists. In this new edition, the author responds to critics while updating the discussion in the light of the momentous events that took place at the beginning of the new millennium. (shrink)

This paper seeks to explain and evaluate, by an analytic method, the conflict between determinism and free will from the viewpoint of two physicalist reductionist philosophers, namely, Daniel Dennett and Sam Harris. Dennett is a compatibilist philosopher who tries to show compatibility between determinism and free will, while Sam Harris is a non-compatibilist philosopher who turns to determinism with the thesis that our thoughts and actions have been pre-determined by the neurobiological events associated with them, and thus, considers free will (...) to be an illusion. Therefore according to him, we are not the authors of our thoughts and actions. However, Dennett tries to establish the existence of free will through the use of concepts like control and deliberation and defends ‘free will worth wanting’. Therefore, if we take the agency of the agent and the absence of determinism as two criteria for free will, Dennett accepts both and Harris denies them; since there is neurobiological determinism, and all of Dennett’s deliberations, etc. are also determined neurobiologically. Between the two conditions of free will, Dennett accepts that the origin of action must be in the agent; however, he refutes the condition of alternate possibilities, establishing his view based on a causal theory. As a Neo-Darwinist, he explains human beings’ physical and mental phenomena based on evolution theory and despite accepting causal determinism, he shows how the agent can still have agency in decisions and actions. As a result, he does not consider determinism to requisite compulsion. In his philosophical system, one can change the future that has not yet taken place. This decision-making regarding the future takes place through the process of deliberation, which has a special place in Dennett’s view. On the other hand, by adhering to Libet’s neurological experiments, Harris refutes both conditions of free will and considers the cause of all human being actions to arise from activities of the brain and concludes that one cannot have any conscious control over one’s actions. As a result, he emerges as a non-compatibilist determinist. In both his works, The Moral Landscape and Free Will, Harris addresses the topic of free will. In Free Will, he criticizes the view of compatibilists like Dennett, who responds to those criticisms in his article, ‘Reflections on Free Will, Review of Sam Harris’ Free Will’. Like Harris, Dennett too addresses free will in his two important books, Elbow Room and Freedom Evolves. Following an analysis of the views of Dennett and Harris and explaining the criticisms of the two regarding each other, the present article will show that neither Dennett, considering the rest of the elements of his philosophical views in philosophy of mind and philosophy of action can well justify compatibilism, nor can Harris, considering his neurological approach defend his determinist idea. The conflict that is present in Dennett’s views causes his explanation of the agent being the origin of his action to also be indefensible. Furthermore, due to the incompatibility of the different elements of his view and the vagueness of his idea regarding the effect of unconscious intentions on action, Harris too is placed in a weak position. In contrast to Harris’ supposition, a human is not “a puppet [who] is free as long as he loves his strings”; rather, a human chooses, makes decisions and acts according to his own will. As a result, despite the objections that apply to both philosophers, Dennett’s view is more acceptable than Harris’ in terms of the effort to justify free will; even though neither have been apparently successful in defending their own ideas. (shrink)

In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the 5-4 majority, (...) held that “[b]y suppressing the speech of manifold corporations, both for-profit and non-profit, the Government prevents their voices and view-points from reaching the public and advising voters on which person or entities are hostile to their interests” (Citizens United vs. Federal Election Commission 558 U.S. 38-9 (2010); emphasis added). Much of the language of the opinion, and some of its reasoning, as this passage illustrates, presupposes that corporations are agents capable of speech, and that it is (at least in part) in the light of this that limitations on political advocacy by corporations are prohibited by the Constitution. -/- While there are other strands in the argument, they are interwoven with the conception of the corporation as agent and speaker, with its voice and its viewpoints. The dissenters on the court objected on precisely this point (among others). Justice Stevens wrote sarcastically in his dissent, joined by Justices Ginsburg, Breyer, and Sotomayor, that “[u]nder the majority’s view, I suppose it may be a First Amendment problem that corporations are not permitted to vote, given that voting is, among other things, a form of speech” (558 U.S. 33 (2010)). Justice Sotomayor suggested in oral argument that the Court’s century-old practice of treating corporations as persons rests on a conceptual mistake. -/- My concern in this essay is not with the question whether the restrictions violate the Constitution. There are many issues that bear on this which will be outside the scope of my discussion. My concern is with the proper conceptual framework for understanding the agency of corporations and corporate speech, and the role that conceptions of these play in the background of the majority’s reasoning. The issue is legal, but it also has philosophical, conceptual and semantic aspects. It will be the latter aspects, and their potential to shed light on legal reasoning, that are my main focus. An adequate framework requires saying what properly speaking the corporation is, how agency is expressed through the corporation, whose agency it is, centrally whether the corporation is an agent or person in its own right, and in what sense it can be said to be capable of speech. I draw on recent work in collective action theory, particularly with respect to the semantics of collective action sentences (Ludwig 2007) and the analysis of the proxy agency in collective action (Ludwig 2014), to show (i) that corporations are neither genuine agents nor (therefore) capable of engaging in genuine speech, (ii) that consequently the First Amendment does not apply to corporations per se, and (iii) that a better understanding of the mechanisms of corporate agency casts doubt on more indirect arguments for extending the First Amendment to “corporate speech” as well. (shrink)

Architecture and Deconstruction Case of Peter Eisenman and Bernard Tschumi -/- Introduction Towards deconstruction in architecture Intensive relations between philosophical deconstruction and architecture, which were present in the late 1980s and early 1990s, belong to the past and therefore may be described from a greater than before distance. Within these relations three basic variations can be distinguished: the first one, in which philosophy of deconstruction deals with architectural terms but does not interfere with real architecture, the second one, in which (...) a collaboration between Jacques Derrida and a group of architects interested in his concepts is commenced, and the third one, in which completed or only designed objects or new concepts of deconstruction created by architects gain their supremacy over philosophy. The following book analyses these three possible ways, first of all with the reference to Peter Eisenman and Bernard Tschumi. -/- Peter Eisenman -/- Misreading… and Other Errors -/- The issue of relations between Peter Eisenman’s work and philosophy of deconstruction may be referred to his activity more than ten years preceding his direct collaboration with Jacques Derrida (in 1985) and organisation of the exhibition Deconstructivist Architecture at Museum of Modern Art in New York (in 1988). As soon as at the stage of designing the first houses (House I-III, 1967-1970), which almost entirely inscribed in formalistic aesthetics of Modernism, the architect analysed the problem of architecture dependence on its assumptions. All his later designs may be treated as consequence of this initial interest in relations between practice and theory, and at the same time as an introduction to manipulations later on led at the level of metaphysics of architecture. Beginning with the issue of presence, considered in comments to House VI (1972), the number of ideas having their analogies in philosophy of deconstruction increased. The text entitled The End of the Classical: The End of the Beginning, The End of the End (1984), in which Eisenman criticised questions of representation in architecture, its delusive strive for truth and comparably unattainable attempts at ultimate definition of elementary rules, should be acclaimed the breaking point. This attitude was extended by numerous strategies disturbing architecture rules defined at metaphysical level in an essay Moving Arrows, Eros, and Other Errors: an Architecture of Absence (1986). The issue of Eisenman’s passage from formalism to deconstruction has already been much discussed in the literature (Rosalind Krauss, Thomas Patin among others), still it should be mentioned that the threads similar to Derrida’s concept included in Eisenman’s writing reveal untranslatability of architecture and philosophy. -/- Choral Works or Separate tricks -/- In 1985-1986 a series of seven disputes between Jacques Derrida and Peter Eisenman took place. The pretext for them were designs concerning Parc de la Villette in Paris. The situation of many months of collaboration between a notable philosopher of the second half of the 20th c. and an architect that already had a huge theoretical oeuvre, ended up with a publication of a large volume entitled Chora L Works and it became at the same time a vast study area for historians of contemporary architecture and philosophers. Derrida’s contribution to concept works were his considerations over the idea of chôra, the properties related to this concept were about to be reflected in shapes of the park. Therefore, Chora L Works became an example of the abilities of contemporary art, both in its capability of translation from philosophical ideas to artistic forms and its resistance to tradition of representing in architecture some phenomena and values originating outside this discipline. In the final period of their collaboration both interlocutors started to polemicise with each other more decidedly, what became a separate part of their thought exchange. The exchange of letters between Derrida and Eisenman at the turn of 1989 ended up the period of their direct contacts, nevertheless, at this time precisely a large group of experts in issues of deconstruction joined the discussion and extended the revealed in the former dispute problems into more than ten years of further considerations and publications. Except for a long text by Jeffrey Kipnis, who had participated in the meetings of the philosopher and the architect, there appeared also comments of researchers of artistic theories (K. Michael Hays, Thomas Patin), philosophers (Andrew Benjamin), and even experts in Greek literature (Maria Theodorou or Ann Bergren). Following these debates a contemporary reflection on architecture has saturated with indeed numerous concepts originating in philosophy of deconstruction. -/- Architecture which imitates mute philosophy -/- The series of Jacques Derrida and Peter Eisenman meetings, which took place in the period of 1985-1987, induced many authors to make comments. Some of them (Jeffrey Kipnis, Ann Bergren, Maria Theodorou) developed the subject of chôra which was introduced to the discussion by Derrida. The problem that was about to be solved was the question of tying up the concept of chôra with architecture, including Eisenman’s architecture and the series of meetings within frames of Chora L Works project. Kipnis on this occasion paid attention to chôra and its character of anachronia which infects any being created within chôra. In other words any event has its counterpart (analogon) in another, earlier event. He demonstrated the similarity of structure of many events and statements from the times of Derrida and Eisenman’s meetings to the almost identical behaviour of figures in Plato’s dialogue Timaeus. The loss of beginning present in this phenomenon was appropriate to both features of chôra and the effects of typical analyses of philosophy of deconstruction. Bergren’s analyses focused on accentuating gender of chôra, which, according to this author, had been neglected hitherto in discussions. She collated chôra descriptions with characteristics of women in myths, early Greek epic and philosophy and she arrived at a conclusion that chôra has features of a single woman and a married one at the same time. And yet Theodorou’s studies showed that in the Homeric epics chôra is not treated as an idea but is related with single things and events. The other part of the comments (represented by Andrew Benjamin and K. Michael Hays’ utterances) concerns Eisenman’s attitude to tradition which was treated as a variety of iteration understood philosophically. Benjamin commenced his considerations at the point of closeness between a definition of tradition and a concept of chôra understood as perpetuation (placement). A problematic issue was for him Eisenman’s complex relation to tradition based on its contest and affirmation at the same time. Overcoming the simple subordination to tradition – according to Benjamin – was based on awareness of the role of repetition in culture not known before. Hays made an attempt to explain the pleasure and torment of repetition with the support of Sigmund Freud and Roland Barthes’ concepts. According to Hays repetitions are attempts of a single being to a certain primal state perceived as free of any tension. In a similar way Rosalind Krauss explained a motif of a grate present in Modernistic art and also exceptionally frequent in Eisenman’s work. -/- Annex Architecture is still writing Balzac novels. Peter Eisenman and literature -/- Architecture’s approach to writing, script or literature, present within Peter Eisenman’s work, is an exceptional phenomenon, furthermore a complex one. The article considers four possible relations. The first one relates to Eisenman’s characteristics as a person extremely gifted with the ability to wordplay, which very ‘play’ reveals skills to create architectural images. In the second approach the attention has been paid to Eisenman’s interests – in the first period of his oeuvre – in linguistic works by Noam Chomsky and his transformational-generative grammar. The third kind of relations applied to overcoming the need for autonomy of architecture (and of modernist aesthetics at the same time) and renew interests in questions of meaning in architecture. The fourth sort of relations occurred when Eisenman started to create reflections of historic or literary narrations in architecture – ‘stone stories’ and architectural fictions of their kind. -/- Bernard Tschumi -/- From perversion to deconstruction In Bernard Tschumi’s writings from the 1970s and 1980s we can find a transposition of important threads of post-structuralist ideas deriving from Georges Bataille, Roland Barthes and Jacques Derrida’s works. The analysis of the architect’s writings also shows roots in Phillippe Sollers, Michel Foucault and Denis Hollier’s works. The analysis of borrowed elements from the beginnings of Tschumi’s theoretical activity may be helpful in explaining the contents of his later writings motre inspired by philosophy of deconstruction. The set of his earliest views was inspired by Marxism, Neo Marxism and French Structuralism, mainly by the writings of Henri Levebre and Guy Debord. From the thought of Levebre Tschumi took interest for city as not only a question of urbanistics but also a political issue. From Debord’s concepts he borrowed a conviction about the role of situational violation for changes in the society structure. Some of these beliefs were preserved in his own concepts of architecture as an event. From this period derived also his will to change conservative elements of social structure not by means of political revolution but of theoretical and creative activity. Tschumi acknowledged that the effective way of the proceedings towards achieving his aims would be accepting the role of both a critical intellectualist and architecture expert who would not hide away his left-wing orientation. The speculations defined by the architect as ‘revolting analyses’ were about to characterise contradictions which tear the society apart, penetrate architecture and constitute the basis of culture. Spreading away of the conscience of false assumptions hidden away in various disciplines could have weakened cohesion of a conservative society and influence the will to change among the elites. This way the beginnings of political revolution were rooted in philosophy of architecture. In 1977 Tschumi published his text entitled The Pleasure of Architecture inspired by Roland Barthes’s The Pleasure of the Text, it also included some concepts derived from Georges Bataille and Jacques Derrida. First of all the author used Barthes’s concept which made an assumption that literary activity is pervaded by the spirit of resistance towards social rules, and Tschudi transferred this remark onto architecture. From the ideas of Bataille, acquainted via Holier’s work, he derived his belief that two concepts of space, a conceptual one (defined as Pyramid) and a sensual one (defined as Labirynth), not losing their distinct features, they join in the concept of experienced space which exceeds contradictions. The exceeding itself was defined as the basic rule of architecture and it was referred to situations in which architecture not only negates social needs, but also disavows its own tradition. Crossing the borders applies not only to political issues or permanent rules of the very discipline but also interfering with other fields (especially literature and film). The fact that architecture is associated with organising events turned Tschumi’s attention to questions of violence that result from upsetting architectural order of a given building by its users and the one hand, and on the other from forcing the users to specific acts imposed by this very order. The analysis of the concepts used by Tschumi in his early writings indicates that they are close to definitions that would occur in his reflection in the following years influenced by philosophy of deconstruction. -/- Approaching deconstruction Tschumi in his theories developed in the 1980s presumed that the current social world had undergone a deep process of decay, and the reaction against which ought to be based on ordering-up actions, and also preserving the main outline of disintegration of the whole and its elements in the state of conflict. The statements concerning the nature of the contemporary to Tschumi social relations were applied by him to the world of architecture, this led him to coming up with designing strategies that took into consideration the destabilised character of conditions in which works of architecture were created. New ways of conduct invented by Tschumi drew their inspiration from literature and research on literature, psychoanalysis, structural linguistics, structuralism and post structuralism, and eventually also deconstruction philosophy. The proposed methods were opposed by their author both to functionalism continuity trends and postmodern architecture. Tschumi’s proposals contradicted any forms of conservatism or traditionalism in political sphere as well as in reference to tendencies in architecture. They were not simple contradictions of social or architectural rules, they intrude them from the inside, weaken or escalate the already existing incongruities, they move the boundaries between the areas. Revolutionary illusions about the possibility of radical changes were replaced with strategies which completed, tainted or test former rules in the series of formal games of permutation and combination. Quite different from avant-garde formalism Tschumi’s games were not about maintaining the autonomy of a given area, but on the contrary – polluting it with other areas’ influences. Tschumi enjoyed demonstrating illusions of architecture concerning simple relations between form and function, or between form and meaning. Making use of Freud, Lacan and Foucault’s research he introduced a category of “madness” into architecture allowing an observation that the recognised norms are nothing but merely ones of many possible principles of behaviour, and their recognised status resulted from unjustified hindering innovativeness which is crucial for architecture. To reborn architecture’s capability of changing Tschumi also made use of Barthes’s discoveries concerning rules of narration and works by writers who applied in their writing knowledge on linguistics. Making a work’s author unclear by various mechanical transformations of its elements was however apparent only, and formal rigours imposed on the process of designing liberated possibilities difficult to obtain in more traditional creative action. Another mode of acting introduced by Tschumi was combining his work of elements deriving from outside architecture; joining space records with notation of motion and events accompanying architectural objects among others. These architectural and extra-architectural elements were not unified, on the contrary their heterogenous and conflictual character was stressed. This is how shock, anxiety and instability, typical for live in great metropolises, infiltrated architecture. Taking some ideas of deconstruction philosophy as a pattern Tschumi also took into critical consideration in his essays traditional in architecture oppositions between form and figuration, or theory and practice. By combining various inspirations he eventually worked out an idea of architectural event, which he understood as a series of actions contesting its own field, redefining its sources, principles and elements. An event, understood in this way, was not so much producing works as rather creating conditions of their production and at the same time designing the society different from a hierarchic one. -/- Park of deconstruction Among numerous philosophical strategies of deconstruction most frequently used was questioning the practice of strong opposition of two reasons. In many cases Bernard Tschumi’s writings just consider functioning of the conflict juxtaposition of the ideas of structure and ornament or theory and practice in history of architecture. Violation of traditional relations between terms of this kind, both old and modern, raised Jacques Derrida’s objections, when he was induced for the first time to co-operate with architects’ milieu. During this long lasting thought exchange the philosopher eventually acknowledged Bernard Tschumi’s arguments for reasoning the encroachment of architecture’s fundamental rules. Deconstruction applied in architecture was not a simple transposition or analogy of practices that had been applied by philosophy of deconstruction. We may even say that considering architectural terms became an important formula of deconstruction. Architecture understood in philosophical way became something beyond the practice and theory of its own discipline, a sort of metaphysics of both philosophy and architecture. The deliberate encroachment of simplicity of dividing architecture into theory and practice, for the first time became a clear aim for Tschumi in his drawings and texts entitled The Manhattan Transcripts. The contents of this series of works was a record of characteristic features of this New York district in such a way that not only objects were the subject of the record but also relations between objects, people and events. The record was about to take into consideration a conflict character of elements of this representation and at the same time to avoid applying to them the rule of mimetism. The record became a form of reflection over the very record by an increased control over the ways of representation. Architecture which was considered in the The Manhattan Transcripts was not directed to fulfill the needs of inhabitation or production, it was rather related with hitherto usually marginalised liminal situations: building ostentatiously big monuments, religious cult, war etc. Architecture operating in these relations focused also the attention on the included in it continuous tendency to overpass its own restrictions, the role of violence as its not recognised factor, or the meaning of excess and shock in its operation. Architecture moving from reason towards madness became even more visible in the design of Parisian Parc de la Villette, whose pavilions were defined as folies (in French it means both small park buildings and follies). The park was supposed to be on the one hand a reflection of traditional society disintegration while on the other it questioned basic rules of producing a work of architecture. The traditional rules of designing, based on ordering up, were replaced with the strategies of dysfunction and dissociation. In Tschumi’s opinion methods of this kind may be equivalent of what Derrida named différance. Instead of aiming at mergence, any diversity, plays or variations were strengthen. Tschumi’s texts, in which he explained his attitude, were completed by Derrida’s extent statement entitled Point de folie – Maintenant l’architecture. Derrida’s article is the most significant of all his statements on architecture as a form of thinking and activity. According to the philosopher, architecture should divide space (in French defined as espacement), what enables both thinking and action – it arranges the space of an event. Tschumi’s buildings, defined as folies, in an essential way destabilise any created order, and at the same time they refresh it. Derrida’s statement suggests that architecture may become both metaphor of an order merging a language or a society but also of inner forces which deconstruct and reconstruct it. Therefore architecture is at the same time a construction, a deconstruction and a reconstruction. Parc de la Villette stands out in this system with its attempt to step beyond the scheme of an easy repetition and its heading for chances of achieving more radical otherness. -/- Conclusion Destruction as construction. Paradoxes of deconstruction in architecture -/- Scepticism about persistence and common importance of fundamental values of human culture evinced in philosophers and writers’ works as early as in Greek antiquity, nevertheless it was not expressed so strongly as in the second half of the 20th century. Especially in Heidegger’s work Being and Time (although originated in 1927, still influential in all later philosophy) the following states were characterised: the state of losing the ground (Abgrund), of being out of sight (Unheimlichkeit) and of being out of dwelling (Un-zuhause-sein) – as the basis of self-confidence of conscious being there (Dasein). The entire criticism of philosophy of home and dwelling draws the inspiration from this early writing of the German philosopher, it combines crisis of basic terms of metaphysics with social conditions which are dictated by living in large metropolis. The crisis of both metaphysical foundation and home appears to be similar to the situation of weakening the relations between a man and his dwelling in extensively expanding cities. Whereas philosophy, as well as many disciplines of social sciences, have diagnosed for a long time the destabilisation of fundamental ideas of Western culture and crucial changes in the ways of dwelling, architecture itself occurred to be “the last fortress of metaphysics” (J. Derrida). Among contemporary architects, Peter Eisenman and Bernard Tschumi were the ones who engaged most decidedly in the issues of critical analysis of architecture foundation and its social role. Both the architects noticed new formulas of contemporary social and individual existence, tremendously different from the entire history, and at the same time they affirmed lack of adequacy of architecture concepts to new situations. Both Eisenman and Tschumi used to describe the existing architecture as a tool for consolidation of highly integrated and hierarchised societies, and also as a discipline extremely uncoincidental with the current character of social life based on ideas of freedom and diversity. The means to transform architecture and make a factor of further social changes out of it, was a concept that accentuated revealing the inner contradictions of this discipline, and considering them in designing strategies. Eisenman’s activity, in regard of what has just been noticed, was focused on questioning the basic rules of traditionally comprehended architecture, especially the rule of purpose. The American architect noticed that the concept of architecture as fulfilment the need of location, hides away the fact that the location has to be constantly reconsidered, and hence it is overtaken by change (dislocation). Therefore new concept of architecture propounded architectural activity to translocate the concept of location – more than before – but also to change its status perpetually. Such comprehended architecture should claim, as its main purpose, the constant revision of this purpose and create itself anew permanently. Even Eisenman’s earliest designs of houses nos. I-IV broke with such values as the sense of safety, closeness and familiarity, and just on the contrary they accentuated senses of strangeness, homelessness and loss of confidence. The contradictions within architecture noticed by Tschumi referred to combination of intellectual and sensual values in architecture, when their non-appropriation was defeated by an additional condition, namely the way of experience based on pleasure of excess, marked by insanity. The features of folly were especially visible in his designs of gardens, where the order of planning was mixed with sensual experience introduced by particular elements (both the ones created by nature, and the buildings defined as folies). Parc de la Villette designed by the French architect in Paris put in question not only the common understanding of purpose in architecture but also the ideas of order and integrity, as its plan was based on the combination of independent layers with records of grids of points, various lines and planes. The architecture that collides inadequate elements with each other was supposed to be a kind of an event with no beginning and no end. The architecture treated as an event became a form of a space weakened articulation that maintains its diversity and lack of accordance of the elements building it up. The analyses of Eisenman and Tschumi’s theoretical writings indicate how much the aims of architecture have actually changed; instead of supporting social persistence, the architecture is rather intensifying contradictions, and instead of providing people with the sense of safety, it sublimes danger. From simple acts of defamiliarisation, increasing the distance to itself and enhancing the role of theory, through discomfort, anxiety, not feeling someone at home, weirdness, excess, shock and violence, architecture reached the edge of stability and uncertainty, only to make an attempt at penetrating what is impossible and unutterable, and recording what cannot become the subject of any records. -/- . (shrink)

In the real world there are people who enter the homes and steal everything they find valuable. In the virtual world there are individuals who penetrate computer systems and "steal" all your valuable data. Just as in the real world, there are uninvited guests and people feel happy when they steal or destroy someone else's property, the computer world could not be deprived of this unfortunate phenomenon. It is truly detestable the perfidy of these attacks. For if it can be (...) observed immediately the apparent lack of box jewelry, penetration of an accounting server can be detected after a few months when all clients have given up the company services because of the stolen data came to competition and have helped it to make best deals. Cybercrime is a phenomenon of our time, often reflected in the media. Forensic investigation of computer systems has a number of features that differentiate it fundamentally from other types of investigations. The computer itself is the main source of information for the investigator. CONTENTS: Computing systems and storage media - Computing devices - - Peripheral devices - - External drives for media storage - Typology of data stored on specific supports – File systems - - Program that allows working with ” inactive” space - Information that can be obtained from the computing system environment Computer networks - Copper wire in computer networks - Optical fibers - Wireless LAN - Internet and Intranet Software and services - Client/server architecture - Protocols and Standards - Internet Services - - e-Mail - - - Spam - - HTTP - - Web address - URL - - Web browsers - - - Browser cookies - - Working with web pages - - - Choosing your favorite web pages - - - Keeping track of visited web pages - - - Saving web pages - - Proxy servers - - Privacy on the Internet - FTP - Instant Messaging - Peer-to-peer networks Vulnerabilities - The first attacks on the Internet - Cybercrime - - Typologies of cyber attackers - - - Classification of cyber attackers according to their skills and objectives - Classification of risks and incidents in cyberworld - - Classification as a list of terms - - List of categories - - Categories of results - - Empirical lists - Events, attacks and incidents - Online security events, actions, and targets - - Actions - - Targets - Attacks - - Tools - - Vulnerabilities - - Unauthorized results Cybercrime laws - The concept of "cybercrime" Investigations - Computer forensic investigations - Digital evidence - Digital sampling during investigations - The suspect - Witnesses in cybercrime - Transporting of samples in laboratory - Analysis of samples - Preparing team members - Computer tools Convention on Cybercrime - Preamble - Chapter I – Use of terms - Chapter II – Measures to be taken at the national level - - Section 1 – Substantive criminal law - - - Title 1 – Offences against the confidentiality, integrity and availability of computer data and systems - - - Title 2 – Computer-related offences - - - Title 3 – Content-related offences - - - Title 4 – Offences related to infringements of copyright and related rights - - - Title 5 – Ancillary liability and sanctions - - Section 2 – Procedural law - - - Title 1 – Common provisions - - - Title 2 – Expedited preservation of stored computer data - - - Title 3 – Production order - - - Title 4 – Search and seizure of stored computer data - - - Title 5 – Real-time collection of computer data - - Section 3 – Jurisdiction - Chapter III – International co-operation - - Section 1 – General principles - - - Title 1 – General principles relating to international co-operation - - - Title 2 – Principles relating to extradition - - - Title 3 – General principles relating to mutual assistance - - - Title 4 – Procedures pertaining to mutual assistance requests in the absence of applicable international agreements - - Section 2 – Specific provisions - - - Title 1 – Mutual assistance regarding provisional measures - - - Title 2 – Mutual assistance regarding investigative powers - - - Title 3 – 24/7 Network - Chapter IV – Final provisions Recommendation No. R (95) 13 - Appendix to Recommendation No. R (95) 13 - - I. Search and seizure - - II. Technical surveillance - - III. Obligations to co-operate with the investigating authorities - - IV. Electronic evidence - - V. Use of encryption - - VI. Research, statistics and training - - VII. International co-operation Rules for obtaining digital evidence by police officers Standards in the field of digital forensics Principles in digital evidence Procedures model for the forensic examination - Hard disk examination Code of Ethics Sources and references About - Nicolae Sfetcu - - By the same author - - Contact Publishing House - MultiMedia Publishing . (shrink)

Beauvoir maintains a unified "compromise theory" of aesthetics throughout her ethics, feminism, and fiction that portrays the conundrum that every artist faces -- an impasse that sets action against inaction, politics against culture. Beauvoir's theory of art in The Mandarins, aided by an analysis of women's oppression in The Second Sex, advocates art that keeps past events alive in the present and in so doing, changes even the tragic into the life affirming. Beauvoir lauds artists who, even in (...) the face of self-doubt, continue to engage in artistic endeavors in order to maintain an ethical relationship to the rest of humanity. (shrink)

Evidentiality refers to the linguistic marking of the nature/directness of source of evidence of an asserted event. Some languages (e.g., Turkish) mark source obligatorily in their grammar, while other languages (e.g., English) provide only lexical options for conveying source. The present study examined whether or under what conditions firsthand source information is relied on more than nonfirsthand sources in establishing discourse coherence. Turkish- and English-speaking participants read a series of somewhat incongruous two-sentence narratives and were to come up with (...) a way of completing each narrative so that it would form a coherent story. Each narrative contrasted two source types (firsthand vs. hearsay, firsthand vs. inference, or inference vs. hearsay) and two information types (general vs. particular information) each presented first or second. Analysis of story completions showed greater overall reliance on firsthand information when it was presented second and referred to a particular event. When the firsthand source occurred first and the particular event occurred second, the latter was favored, especially by Turkish participants. Taken together, the findings suggest that evidentiality interacts with information type in establishing discourse coherence and that both firsthand and particular information are relied on more when presented later rather than earlier in discourse. (shrink)

Ordinary action explanation formulated as "I am doing A because I am doing B" is explanation of an action in terms of another action-in-progress. According to Michael Thompson, the explained action is a teleological part of the explaining complex action, which is composed of different parts. Thompson's analysis focuses on the part-whole relation between the explained action and the explaining action, thus ignores a possibility: these two actions can be two different parts (...) of a complex action. I shall argue that the interrelation between different parts of a complex action corresponds to a new kind of action explanation of the formulas: "I am doing A because I am doing B" and "I am doing B because I have done A", where A and B are two different parts of a complex action. This kind of action explanation is associated with the temporal schema of an action-type, for example, X: First, do A; second, do B; then, C; finally, D. This is an attempt to probe into the inner structure of complex action. (shrink)

Abstract In this paper I consider an easier-to-read and improved to a certain extent version of the causal chance-based analysis of counterfactuals that I proposed and argued for in my A Theory of Counterfactuals. Sections 2, 3 and 4 form Part I: In it, I survey the analysis of the core counterfactuals (in which, very roughly, the antecedent is compatible with history prior to it). In section 2 I go through the three main aspects of this analysis, (...) which are the following. First, it is a causal analysis, in that it requires that intermediate events to which the antecedent event is not a cause be preserved in the main truth-condition schema. Second, it highlights the central notion to the semantics of counterfactuals on the account presented here -- the notion of the counterfactual probability of a given counterfactual, which is the probability of the consequent given the following: the antecedent, the prior history, and the preserved intermediate events. Third, it considers the truth conditions for counterfactuals of this sort as consisting in this counterfactual probability being higher than a threshold. In section 3, I re-formulate the analysis of preservational counterfactuals in terms of the notion of being a cause, which ends up being quite compact. In section 4 I illustrate this analysis by showing how it handles two examples that have been considered puzzling – Morgenbesser's counterfactual and Edgington's counterfactual. Sections 5 and on constitute Part II: Its main initial thrust is provided in section 5, where I present the main lines of the extension of the theory from the core counterfactuals (analyzed in part I) to counterfactuals (roughly) whose antecedents are not compatible with their prior history. In this part II, I elaborate on counterfactuals that don't belong to the core, and more specifically on so-called reconstructional counterfactuals (as opposed to the preservational counterfactuals, which constitute the core counterfactual-type). The heart of the analysis is formulated in terms of processes leading to the antecedent (event/state), and more specifically in terms of processes likely to have led to the antecedent, a notion which is analyzed entirely in terms of chance. It covers so-called reconstructional counterfactuals as opposed to the core, so-called preservational counterfactuals, which are analyzed in sections 2 and 3 of part I. The counterfactual probability of such reconstructional counterfactuals is determined via the probability of possible processes leading to the antecedent weighed, primarily and roughly, by the conditional probability of the antecedent given such process: The counterfactual probability is thus, very roughly, a weighted sum for all processes most likely to have led to the antecedent, diverging at a fixed time. In section 6 I explain and elaborate further on the main points in section 5. In section 7 I illustrate the reconstructional analysis. I specify counterfactuals which are so-called process-pointers, since their consequent specifies stages in processes likely to have led to their antecedent. I argue that so-called backtracking counterfactuals are process-pointers counterfactuals, which fit into the reconstructional analysis, and do not call for a separate reading. I then illustrate cases where a speaker unwittingly employs a certain counterfactual while charitably construable as intending to assert (or ‘having in mind’) another. Here I also cover the issue of how to construe what one can take as back-tracking counterfactuals, or counterfactuals of the reconstructional sort, and more specifically, which divergence point they should be taken as alluding to (prior to which the history is held fixed). Some such cases also give rise to what one can take as a dual reading of a counterfactual between preservational and reconstructional readings. Such cases may yield an ambiguity, where in many cases one construal is dominant. In section 8 I illustrate the analysis by applying it to the famous Bizet-Verdi counterfactuals. This detailed analysis of counterfactuals (designed for the indeterministic case) has three main distinctive elements: its being chance-based, its causal aspect, and the use it makes of processes most likely to have led to the antecedent-event. This analysis is couched in a very different conceptual base from, and is an alternative account to, analyses in terms of the standard notion of closeness or distance of possible worlds, which is the main feature of the Stalnaker-Lewis-type analyses of counterfactuals. This notion of closeness or distance plays no role whatsoever in the analysis presented here. (This notion of closeness has been left open by Stalnaker, and to significant extent also by Lewis's second account.) . (shrink)

What is the ontology of collective action? I have in mind three connected questions. 1. Do the truth conditions of action sentences about groups require there to be group agents over and above individual agents? 2. Is there a difference, in this connection, between action sentences about informal groups that use plural noun phrases, such as ‘We pushed the car’ and ‘The women left the party early’, and action sentences about formal or institutional (...) groups that use singular noun phrases, such as ‘The United States declared war on Japan on December 8th, 1941’ and ‘The Supreme Court ruled that segregation is unconstitutional in 1954 in Brown vs. Board of Education’? 3. Under what conditions does it make sense to speak of a group doing something together, and what, if anything, is a collective action? In this paper, I argue that a) understanding action sentences about groups does not commit us to the existence of group agents per se, but only to the existence of individual agents; b) there is no difference in this regard between sentences which attribute actions to informal groups on the one hand and institutional groups on the other; c) collective action can be both intentional and unintentional; d) any random group of agents each of whom does something is also a group which does something together; e) while there is a sense in which groups per se perform no primitive collective actions, and therefore no actions at all, f) there is a sensible extension of talk of actions to groups, though it should be treated strictly speaking, like talk of group agents, as a façon de parler, for g) the only agents per se are individuals and the only actions are theirs. -/-. (shrink)