An introduction to the special issue on epistemic logic and the foundations of game theory edited by Michael Bacharach and Philippe Mongin. Contributors are Michael Bacharach, Robert Stalnaker, Salvatore Modica and Aldo Rustichini, Luc Lismont and Philippe Mongin, and Hyun-Song Shin and Timothy Williamson.

Game theory involves deliberating about what to do in light of what other people are likely to do. One of the central frameworks of game theory is the prisoner’s dilemma, in which participants who make rational choices end up in suboptimal outcomes. Using the prisoner’s dilemma to model competition between firms sets the stage for a new and promising approach to business ethics: the market failures approach.

In 1890 Christian von Ehrenfels published his classic paper "Über 'Gestaltqualitäten'", the first systematic investigation of the philosophy and psychology of Gestalt. Ehrenfels thereby issued an important challenge to the psychological atomism that was still predominant in his day. His paper not only exerted a powerful influence on the philosophy of the Meinong school, it also marked the beginning of the Gestalt tradition in psychology, later associated with the work of Wertheimer, Köhler and Koffka in Berlin. Includes papers by C. (...) Von Ehrenfels, Kurt Grelling and Paul Oppenheim and contributions by K. Mulligan, P.M. Simons and Barry Smith. (shrink)

Over the last decade, Axel Honneth has established himself as one of the leading social and political philosophers in the world today. Rooted in the tradition of critical theory, his writings have been central to the revitalization of critical theory and have become increasingly influential. His theory of recognition has gained worldwide attention and is seen by some as the principal counterpart to Habermass theory of discourse ethics. In this important new volume, Honneth pursues his path-breaking (...) work on recognition by exploring the moral experiences of disrespect that underpin the conduct of social and political critique. What we might conceive of as a striving for social recognition initially appears in a negative form as the experience of humiliation or disrespect. Honneth argues that disrespect constitutes the systematic key to a comprehensive theory of recognition that seeks to clarify the sense in which institutionalized patterns of social recognition generate justified demands on the way subjects treat each other. This new book by one of the leading social and political philosophers of our time will be of particular interest to students and scholars in social and political theory and philosophy. (shrink)

Representation theorems are often taken to provide the foundations for decision theory. First, they are taken to characterize degrees of belief and utilities. Second, they are taken to justify two fundamental rules of rationality: that we should have probabilistic degrees of belief and that we should act as expected utility maximizers. We argue that representation theorems cannot serve either of these foundational purposes, and that recent attempts to defend the foundational importance of representation theorems are unsuccessful. As a (...) result, we should reject these claims, and lay the foundations of decision theory on firmer ground. (shrink)

The bi-polar confrontation between the Soviet Union and the USA involved many leading game theorists from both sides of the Iron Curtain: Oskar Morgenstern, John von Neumann, Michael Intriligator, John Nash, Thomas Schelling and Steven Brams from the United States and Nikolay Vorob’ev, Leon A. Petrosyan, Elena B. Yanovskaya and Olga N. Bondareva from the Soviet Union. The formalization of game theory took place prior to the Cold War but the geopolitical confrontation hastened and shaped its evolution. (...) In our article we outline four similarities and differences between Western GT and Soviet GT: 1) the Iron Curtain resulted in a lagged evolution of GT in the Soviet Union; 2) Soviet GT focused more on operations research and issues of centralized planning; 3) the contemporary Western view on Soviet GT was biased and Soviet contributions, including works on dynamic stability, non-emptiness of the core and many refinements, suggest that Soviet GT was able to catch up to the Western level relatively fast; 4) international conferences, including Vilnius, 1971, fostered interaction between Soviet game theorists and their Western colleagues. In general, we consider the Cold War to be a positive environment for GT in the West and in the Soviet Union. (shrink)

Morality is traditionally understood as comprised of two components: justice and mercy. The first component, justice, the universal component of the form, is frequently seen as foundational for any moral system – which poses a challenge of explaining the second component, mercy, the particular component of content. Kantian ethics provides an example of this approach. After formulating his universalist theory of ethics in the Groundwork of the metaphysics of morals and further developing it in the Critique of practical reason, (...) he attempts to use it in order to establish the morality of mercy in the Metaphysics of morals. Yet can universal morality of justice necessitate particular ethics of mercy? Using the example of competitive games, the relations between the ethics of justice and that of mercy are demonstrated, and it is shown that the former does not lead to the latter. Moreover, the universality of the rules of moral behavior can serve as a form for blatant brutality. Analyzing the characteristics of particular morality, we can conclude that physical humanity of the moral object, perceived as such by the subject, is a required condition for mercy. Removal of object's humanity is a necessary step toward an ethical system that allows cruelty – a system that can still be based on universal moral rules. Bhagavad Gītā, on the other hand, can be seen as an example of combining nīṣkāmakarma, the formal, universal ethics of desireless action, with a variety of particular motivations originating in the nature and social context of the moral agent. (shrink)

Is capitalism inherently predatory? Must there be winners and losers? Is public interest outdated and free-riding rational? Is consumer choice the same as self-determination? Must bargainers abandon the no-harm principle? Prisoners of Reason recalls that classical liberal capitalism exalted the no-harm principle. Although imperfect and exclusionary, modern liberalism recognized individual human dignity alongside individuals' responsibility to respect others. Neoliberalism, by contrast, views life as ceaseless struggle. Agents vie for scarce resources in antagonistic competition in which every individual seeks dominance. This (...) political theory is codified in non-cooperative game theory; the neoliberal citizen and consumer is the strategic rational actor. Rational choice justifies ends irrespective of means. Money becomes the medium of all value. Solidarity and good will are invalidated. Relationships are conducted on a quid pro quo basis. However, agents can freely opt out of this cynical race to the bottom by embracing a more expansive range of coherent action. (shrink)

Although the concept of uncertainty is as old as Epicurus’s writings, and an excellent quantitative theory, with entropy as the measure of uncertainty having been developed in recent times, there has been little exploration of the qualitative theory. The purpose of the present paper is to give a qualitative axiomatization of uncertainty, in the spirit of the many studies of qualitative comparative probability. The qualitative axioms are fundamentally about the uncertainty of a partition of the probability space of (...) events. Of course, it is common to speak of the uncertainty, or randomness, of a random variable, but only the partition defined by the values of the random variable enter into the definition of uncertainty, not the actual values. It is straightforward to add axioms for decision making following the general line of Savage from the 1950s. Indeed, in the spirit of Epicurus, it is really our intuitive feeling about the uncertainty of the future that motivates much of our thinking about decisions. Here, the distinction between the concepts of probability and uncertainty can be made by citing many familiar examples. Without spelling out the technical details, the axiomatization of qualitative probability with uncertainty as the most important primitive concept, it is possible to raise a different kind of question about bounded rationality. This new question is whether or not one should bound the uncertainty in thinking and investigating any detailed framework of decision making. Discussion of this point is certainly different from the question of bounding rationality by not maximizing expected utility. In practice, we naturally bound uncertainty in our analysis of decision-making problems. As in the case of formulating an alternative for maximizing expected utility, so is the case of rational alternatives to maximizing uncertainty. There are several issues to consider. In the spirit of my other work in qualitative probability, I explore alternatives rather than attempt to give a definitive argument for one single solution. (shrink)

If one wishes to understand what money is, to whom should one turn as the most reliable source of knowledge? Of course, economists propose themselves as the experts on the matter. Who, if not those who study in- terest rates, prices and exchanges could know more about the nature of money? Yet, with a few exceptions, those philosophers in the burgeoning field of social ontology who ask ‘what is money?’ (or, for that matter, ‘what is a marriage?, ‘what is ownership?’, (...) ‘what is a cocktail party?’, etc.) tend to ignore what past and present social scientists maintain on these issues. John Searle comes to mind as having such an insulated approach. Since The Construction of Social Reality, Searle has repeatedly claimed to have found no adequate definition of institutions on the part of those scholars who are the most concerned with them. Understanding Institutions leaves a different impression about the state of the art. In this elegant book, Francesco Guala shows that social scien- tists, economists in particular, can actually be trusted in how they under- stand the notions which they apply. Guala finds in game theory the relevant conceptual framework in which to explore the nature of institutions. Fol- lowing David Hume, David Lewis, and Edna Ullmann-Margalit, he defends a view, termed the rule-in-equilibrium account, which conceives institutions as solutions to coordination problems. For example, to determine what a marriage is, we must look at the range of coordination dilemmas which married couples have resolved: Who cooks? Who picks up the children f rom school? Who washes the dishes? etc. Likewise, the institution of own- ership states who will make use of what? The highway code indicates which side of the road to drive on. Cocktail parties? I gather they specify when to entertain and who to bond with. (shrink)

Practical wisdom (hereafter simply ‘wisdom’), which is the understanding required to make reliably good decisions about how we ought to live, is something we all have reason to care about. The importance of wisdom gives rise to questions about its nature: what kind of state is wisdom, how can we develop it, and what is a wise person like? These questions about the nature of wisdom give rise to further questions about proper methods for studying wisdom. Is the study of (...) wisdom the proper subject of philosophy or psychology? How, exactly, can we determine what wisdom is and how we can get it? In this chapter, we give an overview of some prominent philosophical answers to these questions. We begin by distinguishing practical wisdom from theoretical wisdom and wisdom as epistemic humility. Once we have a clearer sense of the target, we address questions of method and argue that producing a plausible and complete account of wisdom will require the tools of both philosophy and empirical psychology. We also discuss the implications this has for prominent wisdom research methods in empirical psychology. We then survey prominent philosophical accounts of the nature of wisdom and end with reflections on the prospects for further interdisciplinary research. (shrink)

Ernst Mach's atomistic theory of sensation faces problems in doing justice to our ability to perceive and remember complex phenomena such as melodies and shapes. Christian von Ehrenfels attempted to solve these problems with his theory of "Gestalt qualities", which he sees as entities depending one-sidedly on the corresponding simple objects of sensation. We explore the theory of dependence relations advanced by Ehrenfels and show how it relates to the views on the objects of perception advanced by (...) Husserl and by the Gestalt psychologists. (shrink)

جان هیک با وام گرفتن از مفهوم «دیدن به عنوان...» ویتگنشتاین و تعمیم آن به کل تجربه‌های ادراکی و نیز وام‌گیری از تمایز کانتی میان نومن و فنومن میان «حقیقت فی نفسه» و «حقیقت عند المدرک» تمایز می‌نهد . حقیقت فی نفسه همان خداوند در عالم واقع است و حقیقت عند المدرک همان تصوری است که در هر دین از خداوند ارائه شده است. دوتمایز ذکر شده مهم‌ترین مبنای معرفت شناختی نظریه کثرت گرایانه هیک را در باب ادیان تشکیل می‌دهند. (...) به نظر می‌رسد نظریه ادراک و نظریه توجیه در نظریه کثرت گرایانه هیک در باب ادیان از نوعی ابهام برخوردار هستند. (shrink)

In her latest book, The End of Progress, Amy Allen embarks on an ambitious and much-needed project: to decolonize contemporary Frankfurt School Critical Theory. As with all of her books, this is an exceptionally well-written and well-argued book. Allen strives to avoid making assertions without backing them up via close and careful textual reading of the thinkers she engages in her book. In this article, I will state why this book makes a central contribution to contemporary critical theory (...) (in the broader sense), after which I pose a few questions. These questions are not meant to prove that there are any serious problems with her argumentation. Instead, they are meant in the spirit of dialogue and allow her to elaborate her work for her audience. (shrink)

Game theorists tend to model climate negotiations as a so-called ‘tragedy of the commons’. This is rather worrisome, since the conditions under which such commons problems have historically been solved are almost entirely absent in the case of international greenhouse gas emissions. In this paper, I will argue that the predictive accuracy of the tragedy model might not stem from the model’s inherent match with reality but rather from the model’s ability to make self-fulfilling predictions. I then sketch some (...) possible ways to dispel the tragedy, including (1) recognizing some ways the assumptions of the model fail, (2) taking seriously recent work suggesting that increasing greenhouse gas emissions is not in most nations’ own self-interest, and (3) preferring alternative models like collective risk dilemmas, bargaining games, or cooperative models. (shrink)

The emergence of Critical Race Theory marked an important point in the history of racial politics in the legal academy and the broader conversation about race and racism in the United States. More recently, CRT has proven an important analytic tool in the field of education, offering critical perspectives on race, and the causes, consequences and manifestations of race, racism, inequity, and the dynamics of power and privilege in schooling. This groundbreaking anthology is the first to pull together both (...) the foundational writings in the field and more recent scholarship on the cultural and racial politics of schooling. A comprehensive introduction provides an overview of the history and tenets of CRT in education. Each section then seeks to explicate ideological contestation of race in education and to create new, alternative accounts. In so doing, this landmark publication not only documents the progress to date of the CRT movement, it acts to further spur developments in education. (shrink)

Charlotte Witt covers a remarkable amount of ground in this concise and elegantly written book. Coming in at under 150 pages, she artfully weaves together Aristotle’s theory of functions with contemporary work on cultural transmission and apprenticeship, ideas about self-creation with theories of aspiration and transformative experience, and reflections on the relationships among social norms and games with thoughts about social roles and the nature of hierarchy. At the heart of it is an elaboration and defense of a thoroughly (...) externalist account of social normativity. Witt takes skilled experts, especially artisans like chefs and carpenters, as paradigm cases for theorizing about social normativity. She uses them to argue that the ultimate source of many normative obligations is found not in the acquiescence, attitudes, or any other features internal to those on whom those obligations fall. Rather, the demands are rooted in the world itself, and flow from specific circumstances, especially from the constraints those circumstances impose on different actors in virtue of the tasks they need to perform. The result is a view that depicts social normativity not just as external to individuals but also unavoidably role specific; what is right for a chef is not necessarily right for a carpenter, and what makes for a good nurse might make for a poor drill sergeant. Witt’s presentation of this package of ideas is both careful and austere, and it makes for a wonderfully thought provoking read. Social Goodness: On the Ontology of Social Norms will reward the careful attention of anyone interested in social ontology, especially the metaphysical foundations of normativity, the nature of social norms, and the relationship between social roles and the self. (shrink)

The aim of this paper is to clarify the role of category theory in the foundations of mathematics. There is a good deal of confusion surrounding this issue. A standard philosophical strategy in the face of a situation of this kind is to draw various distinctions and in this way show that the confusion rests on divergent conceptions of what the foundations of mathematics ought to be. This is the strategy adopted in the present paper. It is (...) divided into 5 sections. We first show that already in the set theoretical framework, there are different dimensions to the expression foundations of. We then explore these dimensions more thoroughly. After a very short discussion of the links between these dimensions, we move to some of the arguments presented for and against category theory in the foundational landscape. We end up on a more speculative note by examining the relationships between category theory and set theory. (shrink)

Universal Game Theory - The theory that all of life is a game played by consciousness’es, (Living Beings). The board is a dream like structure of the universe. The progression is through an active process of intent witnessing, and passive meditation. Which releases the tension in the nerves of the body and leads to selfless actions, moral goodness, and eventually the finish, Enlightenment. Just like a wounded creature only cares about it’s own self. Man in tensionthrough (...) self-centered thought only thinks about his own predicaments. Even if he is thinking about others it is only through his own objectionable view from his false-created center. The enemy or deterrents in the game is the conditioning created by society for ambition, greed, control and general brain washing to give theindividual a false sense of identity, the ego. This is achieved by Religion; tradition, culture, education, reasoning, linear thought, and the creation of time. Leaving him/her in constant anxiety about millions of future contingencies. Through witnessing one realizes the whole futility of one dimensional thought which only leads to more and more thought. Simple or constructed elaborately, thought being time, a human construction. The final step of the Universal Game Theory is understanding the whole process of thought and the eventual revelation of Enlightenment, Bliss, ecstasy. Which the person then understands that he/she is the creator of the life/dream with which they are in. That point being a sexual ecstasy similar to what happens in death to men. i.e. Human males release semenwhen they die, having a sexual ecstasy at their last breath. (shrink)

Gila Sher interviewed by Chen Bo: -/- I. Academic Background and Earlier Research: 1. Sher’s early years. 2. Intellectual influence: Kant, Quine, and Tarski. 3. Origin and main Ideas of The Bounds of Logic. 4. Branching quantifiers and IF logic. 5. Preparation for the next step. -/- II. Foundational Holism and a Post-Quinean Model of Knowledge: 1. General characterization of foundational holism. 2. Circularity, infinite regress, and philosophical arguments. 3. Comparing foundational holism and foundherentism. 4. A post-Quinean model of knowledge. (...) 5. Intellect and figuring out. 6. Comparing foundational holism with Quine’s holism. 7. Evaluation of Quine’s Philosophy -/- III. Substantive Theory of Truth and Relevant Issues: 1. Outline of Sher’s substantive theory of truth. 2. Criticism of deflationism and treatment of the Liar. 3. Comparing Sher’s substantive theory of truth with Tarski’s theory of truth. -/- IV. A New Philosophy of Logic and Comparison with Other Theories: 1. Foundational account of logic. 2. Standard of logicality, set theory and logic. 3. Psychologism, Hanna’s and Maddy’s conceptions of logic. 4. Quine’s theses about the revisability of logic. -/- V. Epilogue. (shrink)

I offer two potential diagnoses of the behavioral norms governing post‐truth politics by comparing the view of language, communication, and truth‐telling put forward by David Lewis (extended by game theorists), and John Searle. My first goal is to specify the different ways in which Lewis, and game theorists more generally, in contrast to Searle (in the company of Paul Grice and Jurgen Habermas), go about explaining the normativity of truthfulness within a linguistic community. The main difference is that (...) for Lewis and game theorists, “truthful” signaling follows from an align- ment of interests, and deception follows from mixed motives leading to the calculation that sending false information is better for oneself. Following in the Enlightenment tradition, Searle argues that practical reasoning, which involves mastery of at least one language, requires that actors intend to communicate. This intention includes constraining the content of statements to uphold veracity conditions. After distinguishing between these two accounts, I will artic- ulate the implications for explaining, and even informing actions, constitutive of post‐truth politics. I argue that the strategic view of communication is suffi- cient neither to model everyday conversation nor to reflect a public sphere useful for democratic govern- ment. Both the pedagogy of strategic communication as cheap talk, and its concordance with new digital information technologies, challenge norms of truthful- ness that underlie modern institutions essential to an effective public sphere. (shrink)

I give an informal presentation of the evolutionary game theoretic approach to the conventions that constitute linguistic meaning. The aim is to give a philosophical interpretation of the project, which accounts for the role of game theoretic mathematics in explaining linguistic phenomena. I articulate the main virtue of this sort of account, which is its psychological economy, and I point to the casual mechanisms that are the ground of the application of evolutionary game theory to linguistic (...) phenomena. Lastly, I consider the objection that the account cannot explain predication, logic, and compositionality. (shrink)

This article argues that various deviations from the basic principles of the scientific ethos – primarily the appearance of pseudoscience in scientific communities – can be formulated and explained using specific models of game theory, such as the prisoner’s dilemma and the iterated prisoner’s dilemma. The article indirectly tackles the deontology of scientific work as well, in which it is assumed that there is no room for moral skepticism, let alone moral anti-realism, in the ethics of scientific communities. (...) Namely, on the basis of the generally accepted dictum of scientific endeavor as the pursuit of knowledge exclusively for knowledge’s sake, scientifically »right« behavior is seen to be clearly defined and distinguishable from scientifically »wrong« behavior. After elucidating the basic principles of game theory, the article illustrates – by using imaginary and real cases, as well as some views from the philosophyof biology (the units of selection debate) – how this sort of reasoning could be applied in an analysis of the functioning of science. (shrink)

This is a two-volume set that provides an introduction to non-cooperative Game Theory. Volume 1 covers the basic concepts, while Volume 2 is devoted to advanced topics. The book is richly illustrated with approximately 400 figures. It is suitable for both self-study and as the basis for an undergraduate course in game theory as well as a first-year graduate-level class. It is written to be accessible to anybody with high-school level knowledge of mathematics. At the end (...) of each chapter there is a collection of exercises accompanied by detailed answers. The book contains approximately 180 exercises. (shrink)

Dialectic, as commonly approached, is not an analytic study, as the notion is defined in the paper. Where it is analytically approached (as, for example, by Grice and Hamblin), the result is pragmatic in nature, as well as syntactic and semantic. This paper lays the foundations of a purely formal (nonpragmatic) analysis of conversations. This study is accordingly called "Conversation Theory". The key notions of "conversation", "dialogue", "conversation game", "rules of response", "epistemic community" and "channel of informations" (...) are defined precisely, and an analysis of how these notions fit together is given. Particular attention is given to distinguishing conversation theory from standard logic. The paper concludes by analysing a few sample conversation-games, indicating areas needing further research, by pointing out the simplification inherent in the sample games. (shrink)

Review of Maddy, Penelope "Defending the Axioms".

The present study defines the function of the foundation of science in early modern Dutch philosophy, from the first introduction of Cartesian philosophy in Utrecht University by Henricus Regius to the acceptance of Newtonian physics by Willem Jacob ‘s Gravesande. My main claim is that a foundation of science was required because the conceptual premises of new ways in thinking had to be justified not only as alternatives to the established philosophical paradigms or as an answer to the “sceptical crisis” (...) signalled by Richard Popkin, but also in order to be introduced in the academia. This being my general thesis, different kinds of foundation of scientific knowledge are analysed in the light of the specific problems philosophers had to face. To this end, foundational theories are analysed in the light of 1) the overall aim of their philosophy, 2) the relations of disciplines they thought out, 3) what they regarded as scientific knowledge. Through this analysis, I assess that the foundation of science was carried out by metaphysical, logical and theological arguments, which fitted the needs of answering the didactical and introductory requirements of new paradigms, assessed the reliability of new methodology in leading us to grasp the truth, and provided philosophy with its conceptual apparatus. Finally, I demonstrate that a philosophy of science as a reflection on the principles, methods, concepts and application of modern science emerged in the Dutch Republic. (shrink)

Influential thinkers such as Young, Sugden, Binmore, and Skyrms have developed game-theoretic accounts of the emergence, persistence and evolution of social contracts. Social contracts are sets of commonly understood rules that govern cooperative social interaction within societies. These naturalistic accounts provide us with valuable and important insights into the foundations of human societies. However, current naturalistic theories focus mainly on how social contracts solve coordination problems in which the interests of the individual participants are aligned, not competition problems (...) in which individual interests compete with group interests. In response, I set out to build on those theories and provide a comprehensive naturalistic account of the emergence, persistence and evolution of social contracts. My central claim is that social contracts have culturally evolved to solve cooperation problems, which include both coordination and competition problems. I argue that solutions to coordination problems emerge from “within-group” dynamics, while solutions to competition problems result largely from “between-group” dynamics. (shrink)

"Populism" has long been a dirty word. To some, it suggests the tyranny of the mob, to others, a xenophobic nativism. It is sometimes considered conducive to (if not simply identical to) fascism. In this timely book, Walter Horn acquits populism by "distilling" it, in order to finally give the people the power to govern themselves, free from constraints imposed either by conservatives (or libertarians) on the right or liberals (or Marxists) on the left. Beginning with explanations of what it (...) means to vote and what makes one society better off than another, Horn progresses to issues involving what makes for fair aggregation and appropriate, deliberative representation. From suggesting solutions to contemporary problems like gerrymandering, immigration control, and campaign finance, to offering answers to age-old questions like why dissenters should want to obey the majority and who should have the right to vote in various elections, Horn, using his new theory of "CHOICE Voluntarism," provides solutions to some of the most perplexing problems in the history of democratic theory. -/- The Introduction and first chapter can now be read free at Amazon. (shrink)

We apply spatialized game theory and multi-agent computational modeling as philosophical tools: (1) for assessing the primary social psychological hypothesis regarding prejudice reduction, and (2) for pursuing a deeper understanding of the basic mechanisms of prejudice reduction.

Statistical mechanics is a strange theory. Its aims are debated, its methods are contested, its main claims have never been fully proven, and their very truth is challenged, yet at the same time, it enjoys huge empirical success and gives us the feeling that we understand important phenomena. What is this weird theory, exactly? Statistical mechanics is the name of the ongoing attempt to apply mechanics, together with some auxiliary hypotheses, to explain and predict certain phenomena, above all (...) those described by thermodynamics. This paper shows what parts of this objective can be achieved with mechanics by itself. It thus clarifies what roles remain for the auxiliary assumptions that are needed to achieve the rest of the desiderata. Those auxiliary hypotheses are described in another paper in this journal, Foundations of statistical mechanics: The auxiliary hypotheses. (shrink)

This article seeks the origin, in the theories of Ibn al-Haytham (Alhazen), Descartes, and Berkeley, of two-stage theories of spatial perception, which hold that visual perception involves both an immediate representation of the proximal stimulus in a two-dimensional ‘‘sensory core’’ and also a subsequent perception of the three dimensional world. The works of Ibn al-Haytham, Descartes, and Berkeley already frame the major theoretical options that guided visual theory into the twentieth century. The field of visual perception was the first (...) area of what we now call psychology to apply mathematics, through geometrical models as used by Euclid, Ptolemy, Ibn al-Haytham, and Descartes (among others). The article shows that Kepler’s discovery of the retinal image, which revolutionized visual anatomy and entailed fundamental changes in visual physiology, did not alter the basic structure of theories of spatial vision. These changes in visual physiology are advanced especially in Descartes' Dioptrics and his L'Homme. Berkeley develops a radically empirist theory vision, according to which visual perception of depth is learned through associative processes that rely on the sense of touch. But Descartes and Berkeley share the assertion that there is a two-dimensional sensory core that is in principle available to consciousness. They also share the observation that we don't usually perceived this core, but find depth and distance to be phenomenally immediate, a point they struggle to accommodate theoretically. If our interpretation is correct, it was not a change in the theory of the psychology of vision that engendered the idea of a sensory core, but rather the introduction of the theory into a new metaphysical context. (shrink)

A new hypothesis on the basic features characterising the Foundations of Mathematics is suggested. By means of them the entire historical development of Mathematics before the 20th Century is summarised through a table. Also the several programs, launched around the year 1900, on the Foundations of Mathematics are characterised by a corresponding table. The major difficulty that these programs met was to recognize an alternative to the basic feature of the deductive organization of a theory - more (...) precisely, to Hilbert’s main tenet. Ironically, already half a century before the births of these programs the alternative organization has been substantially represented by Lobachevsky's theory on parallel lines. Moreover, although each program’s founder recognised the basic features in a partial way only, all together these programs represented just the four possible foundational approaches. (shrink)

This chapter examines three recent empirical approaches to the study of moral motivation: moral foundations theory, deep pragmatism, and morality-as-cooperation. All three approaches conceptualize moral motivation as a suite of desires, emotions, sentiments, dispositions, values, and relationships that move people to think, judge, and act in accordance with morality. Moral foundations theory posits five or six basic foundations: care, fairness, loyalty, authority, sanctity, and sometimes liberty. People are thought to be emotionally attuned to each foundation, (...) though some are more sensitive to certain foundations than to others. Deep pragmatism posits that people tend to be motivated not only to promote their own narrow self interest but also the interests of their group. This can be seen as a sort of proto-morality, which has the capacity to develop into full-blown morality as one begins to conceive of one’s group in ever-broader terms. Finally, morality-as-cooperation is grounded in game theory and posits that cooperative solutions to non-zero-sum games are morally good, and that being motivated to seek out and implement such solutions is what it means to be morally motivated. Empirical evidence gathered in the last decade supports the morality-as-cooperation hypothesis, though more work is needed to further elaborate it and test its predictions. (shrink)

Statistical mechanics is often taken to be the paradigm of a successful inter-theoretic reduction, which explains the high-level phenomena (primarily those described by thermodynamics) by using the fundamental theories of physics together with some auxiliary hypotheses. In my view, the scope of statistical mechanics is wider since it is the type-identity physicalist account of all the special sciences. But in this chapter, I focus on the more traditional and less controversial domain of this theory, namely, that of explaining the (...) thermodynamic phenomena.What are the fundamental theories that are taken to explain the thermodynamic phenomena? The lively research into the foundations of classical statistical mechanics suggests that using classical mechanics to explain the thermodynamic phenomena is fruitful. Strictly speaking, in contemporary physics, classical mechanics is considered to be false. Since classical mechanics preserves certain explanatory and predictive aspects of the true fundamental theories, it can be successfully applied in certain cases. In other circumstances, classical mechanics has to be replaced by quantum mechanics. In this chapter I ask the following two questions: I) How does quantum statistical mechanics differ from classical statistical mechanics? How are the well-known differences between the two fundamental theories reflected in the statistical mechanical account of high-level phenomena? II) How does quantum statistical mechanics differ from quantum mechanics simpliciter? To make our main points I need to only consider non-relativistic quantum mechanics. Most of the ideas described and addressed in this chapter hold irrespective of the choice of a (so-called) interpretation of quantum mechanics, and so I will mention interpretations only when the differences between them are important to the matter discussed. (shrink)

The physical foundations of mathematics in the theory of emergent space-time-matter were considered. It is shown that mathematics, including logic, is a consequence of equation which describes the fundamental field. If the most fundamental level were described not by mathematics, but something else, then instead of mathematics there would be consequences of this something else.

Since Gintis is a senior economist and I have read some of his previous books with interest, I was expecting some more insights into behavior. Sadly he makes the dead hands of group selection and phenomenology into the centerpieces of his theories of behavior, and this largely invalidates the work. Worse, since he shows such bad judgement here, it calls into question all his previous work. The attempt to resurrect group selection by his friends at Harvard, Nowak and Wilson, a (...) few years ago was one of the major scandals in biology in the last decade, and I have recounted the sad story in my article ‘Altruism, Jesus and the End of the World—how the Templeton Foundation bought a Harvard Professorship and attacked Evolution, Rationality and Civilization -- A review of E.O. Wilson 'The Social Conquest of Earth' (2012) and Nowak and Highfield ‘SuperCooperators’ (2012).’ Unlike Nowak, Gintis does not seem to be motivated by religious fanaticism, but by the strong desire to generate an alternative to the grim realities of human nature, made easy by the (near universal) lack of understanding of basic human biology and blank slateism of behavioral scientists, other academics, and the general public. -/- Gintis rightly attacks (as he has many times before) economists, sociologists and other behavioral scientists for not having a coherent framework to describe behavior. Of course the framework needed to understand behavior is an evolutionary one. Unfortunately he fails to provide one himself (according to his many critics and I concur), and the attempt to graft the rotten corpse of group selection onto whatever economic and psychological theories he has generated in his decades of work, merely invalidates his entire project. Although Gintis makes a valiant effort to understand and explain the genetics, like Wilson and Nowak, he is far from an expert, and like them, the math just blinds him to the biological impossibilities and of course this is the norm in science. As Wittgenstein famously noted on the first page of Culture and Value “There is no religious denomination in which the misuse of metaphysical expressions has been responsible for so much sin as it has in mathematics.” -/- It has always been crystal clear that a gene that causes behavior which decreases its own frequency cannot persist, but this is the core of the notion of group selection. Furthermore, it has been well known and often demonstrated that group selection just reduces to inclusive fitness (kin selection), which, as Dawkins has noted, is just another name for evolution by natural selection. Like Wilson, Gintis has worked in this arena for about 50 years and still has not grasped it, but after the scandal broke, it took me only 3 days to find, read and understand the most relevant professional work, as detailed in my article. It is mind boggling to realize that Gintis and Wilson were unable to accomplish this in nearly half a century. -/- I discuss the errors of group selection and phenomenology that are the norm in academia as special cases of the near universal failure to understand human nature that are destroying America and the world. -/- Those who wish to read all my articles please consult the ebook here Philosophy, Human Nature and the Collapse of Civilization -- Articles and Reviews 2006-2016 by Michael Starks 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)

Strategies are mentioned across a variety of domains, from business ethics, to the philosophy of war, philosophy of sport, game theory, and others. However, despite their wide use, very little has been said about how to think about what strategies are or how they relate to other prominently discussed concepts. In this article, I probe the close connection between strategies and plans, which have been much more thoroughly characterized in the philosophy of action. After highlighting the challenges of (...) analyzing strategies in terms of plans, I show how the work done on the connection between plans and intentions can inspire further questions about the nature of strategy. I conclude by showing how one particular innovation in the understanding of plans—how they can be more or less partial—can be used to help us to mark what makes for a good strategy. (shrink)

This paper aims to provide hyperintensional foundations for mathematical platonism. I examine Hale and Wright's (2009) objections to the merits and need, in the defense of mathematical platonism and its epistemology, of the thesis of Necessitism. In response to Hale and Wright's objections to the role of epistemic and metaphysical modalities in providing justification for both the truth of abstraction principles and the success of mathematical predicate reference, I examine the Necessitist commitments of the abundant conception of properties endorsed (...) by Hale and Wright and examined in Hale (2013), and demonstrate how a two-dimensional approach to the epistemology of mathematics is consistent with Hale and Wright's notion of there being non-evidential epistemic entitlement rationally to trust that abstraction principles are true. A choice point that I flag is that between availing of intensional or hyperintensional semantics. The hyperintensional semantic approach that I advance is a topic-sensitive epistemic two-dimensional truthmaker semantics. I countenance a hyperintensional semantics for novel epistemic abstractionist modalities. I suggest that observational type theory can be applied to first-order abstraction principles in order to make abstraction principles recursively enumerable. Epistemic and metaphysical states and possibilities may thus be shown to play a constitutive role in vindicating the reality of mathematical objects and truth, and in providing a conceivability-based route to the truth of abstraction principles as well as other axioms and propositions in mathematics. (shrink)

Fefermans argument is indeed convincing in a certain context, it can be dissolved entirely by modifying the context appropriately.

It is widely recognized that accurately identifying and classifying competitors is a challenge for many companies and entrepreneurs. Nonetheless, it is a paramount activity which provide valuable insights that affect a wide range of strategic decisions. One of the main challenges in competitor identification lies in the complex nature of the competitive relationships that arise in business envi- ronments. These have been extensively investigate over the years, which lead to a plethora of competition theories and frameworks. Still, the concept of (...) competition remains conceptually complex, as none of these approaches properly formalized their assumptions. In this paper, we address this issue by means of an ontological analysis on the notion of competition in general, and of business competition, in particular, leveraging theories from various fields, including Marketing, Strategic Management, Ecology, Psychology and Cognitive Sciences. Our analysis, the first of its kind in the literature, is grounded on the Unified Foundational Ontology (UFO) and allows us to formally characterize why competition arises, as well as to distinguish between three types of business competitive relationships, namely market-level, firm-level and potential competition. (shrink)

I examine here if Kant’s metaphysics of matter can support any late-modern versions of classical mechanics. I argue that in principle it can, by two different routes. I assess the interpretive costs of each approach, and recommend the most promising strategy: a mass-point approach.

In spite of the many important findings made within the theory of emotions, scholars still struggle to coherently account for the unique structure of disgust or determine its essence. In contrast to much of the contemporary literature on disgust, I aim to show that, through employing the phenomenological method in his 1929 essay “Disgust” (Der Ekel), Aurel Kolnai was able to grasp the real significance of the phenomenon of disgust. The current study aims to clarify and present Kolnai’s insight (...) into the nature of disgust wherein the latter is first and foremost conceived as an ambivalent, multifaceted, but coherent phenomenon. Namely, as a defense mechanism that reacts against the proximity of a disturbing object charged with an ambiguous value of confusion that fluctuates between surplus of life and intention towards death. In order to achieve this goal, I present Kolnai’s notion of disgust by first focusing on the foreground of the phenomena of disgust: the essential features of the intentional content of disgust, the object of disgust in particular. I then present and analyze the life-death complex as the underlying structures of the visceral sense of disgust. Lastly, I show how the life-death complex relates to the visceral sense of disgust, thereby affirming the coherence of disgust. (shrink)

Categorical logic has shown that modern logic is essentially the logic of subsets (or "subobjects"). Partitions are dual to subsets so there is a dual logic of partitions where a "distinction" [an ordered pair of distinct elements (u,u′) from the universe U ] is dual to an "element". An element being in a subset is analogous to a partition π on U making a distinction, i.e., if u and u′ were in different blocks of π. Subset logic leads to finite (...) probability theory by taking the (Laplacian) probability as the normalized size of each subset-event of a finite universe. The analogous step in the logic of partitions is to assign to a partition the number of distinctions made by a partition normalized by the total number of ordered pairs |U|² from the finite universe. That yields a notion of "logical entropy" for partitions and a "logical information theory." The logical theory directly counts the (normalized) number of distinctions in a partition while Shannon's theory gives the average number of binary partitions needed to make those same distinctions. Thus the logical theory is seen as providing a conceptual underpinning for Shannon's theory based on the logical notion of "distinctions.". (shrink)

This chapter appeared in: G. J. van Nes et al. (eds.), Relational Anthropology for Contemporary Economics. Dordrecht: Springer, 121-132. -/- Abstract: This chapter is a comment on the contribution of Rebecca Klein in this volume, preceded by a conceptual analysis of the argument that is developed in the Homo Amans position paper. The main question that is raised is twofold and concerns the relation between science and worldview on the one hand, and between science and economic life on the other. (...) With respect to the science – worldview relationship, it is doubted that science can play the role the authors of the Homo Amans project expect it can have. What they have in mind is that science helps in validating and legitimizing a biblically informed concept of love. This author disagrees, to a large extent. Science can indeed orient itself on ideas and intuitions that are based on one’s worldview. But it cannot prove the truth of these intuitions and ideas. To think so, is to commit a naturalistic fallacy. With respect to the relationship between science and economic life, the author is also not convinced that science and philosophy as academic disciplines will by themselves be able (and should be expected to be able) to transform deeply ingrained, institutionally anchored economic practices. New theories, concepts, and paradigms are a precondition for change, but they do not bring about change by themselves. What is needed is a change in the practices themselves, a change that is both personal and comprehensive. What is needed is a clear, succinct, and encompassing view on the intrinsic normativity of economic interactions between relevant stakeholders in what we call ‘the’ economy. This is a huge undertaking, that requires painstaking ‘phenomenological’ analyses of a wide variety of economic practices. The chapter agrees with most of Klein’s observations and concerns with respect to the position paper. These observations and concerns gain even more depth and relief given the conceptual distinctions that are made in the chapter. (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)

This paper aims to assess current theoretical findings on the origin of coordination by salience and suggests a way to clarify the existing framework. The main concern is to reveal how different coordination mechanisms rely on specific epistemic aspects of reasoning. The paper highlights the fact that basic epistemic assumptions of theories diverge in a way that makes them essentially distinctive. Consequently, recommendations and predictions of the traditional views of coordination by salience are, in principle, based on the processes related (...) to the agent’s presumptions regarding the cognitive abilities of a co-player. This finding implies that we should consider these theories as complementary, and not competitive, explanations of the same phenomenon. -/- . (shrink)