In this article, Shea aims to overturn Jürgen Habermas’s characterization of Nietzsche in The Philosophical Discourse of Modernity as a postmodern irrationalist. On Habermas’s account, Nietzsche employs Wille zur Macht both as a principle by which to invalidate the claims of metaphysics and as a primordial “other” to reason that unmasks reason as an expression of domination. If Habermas’s reading is correct, Nietzsche’s work is ultimately incoherent since it either lapses back into metaphysics or puts forward a self-refuting anti-metaphysics. (...) Contrary to Habermas, Shea argues that Nietzsche’s theoretical inquiries result from a considered methodological decision on the part of Nietzsche to suspend metaphysical interpretations. For this reason, Wille zur Macht can be read as the fabrication of a post-metaphysical principle for interpreting life rather than as a purported insight into the ultimate nature of reality and thus as a genuine alternative to the trappings of both metaphysical and anti-metaphysical philosophies. (shrink)

While traces of a post-metaphysical political theory are to be found throughout his oeuvre, Nietzsche himself never explicitly elaborates any such comprehensive theory. Yet, this chapter argues, it is possible to discern a politics beyond ressentiment and the ascetic ideal, which must be both experimental and pluralist. Inspired by Nietzsche, Foucault thinks the political as a play of force relations immanent to a concrete strategic field, and thus as a multiplicity of power relations existing in agonistic tension rather than as (...) a duality in antagonistic opposition. This makes him one of the most significant inheritors of the Nietzschean challenge to overcome the politics of ressentiment and to think instead a politics of affirmation that makes difference constitutive of the political. (shrink)

The role of metaphysics in critique stands as a defining issue for the Frankfurt School theorists. Max Horkheimer himself claims that metaphysics serves as an instrument of domination, leading him to develop an interdisciplinary mate- rialism as a postmetaphysical alternative. Critics such as Georg Lohmann con- tend, however, that Horkheimer’s critique of instrumental reason is aporetic insofar as it undermines all metaphysical claims while implicitly making them. Since Horkheimer narrowly equates metaphysics with identity thinking, this article argues that his appeal (...) to nonidentity thinking as the foundation for critique is better understood as a form of antimetaphysics. This, however, leaves Horkheimer no better situated, since antimetaphysics remains a variant of metaphysics. While Horkheimer reproduces the techniques of domination he sought to avoid, this lapse into metaphysics warns of the difficult path that postmetaphysical thinking must navigate between the antipodes of metaphys- ical and antimetaphysical positions. (shrink)

While traces of a post-metaphysical political theory are to be found throughout his oeuvre, Nietzsche himself never explicitly elaborates any such comprehensive theory. Yet, this chapter argues, it is possible to discern a politics beyond ressentiment and the ascetic ideal, which must be both experimental and pluralist. Inspired by Nietzsche, Foucault thinks the political as a play of force relations immanent to a concrete strategic field, and thus as a multiplicity of power relations existing in agonistic tension rather than as (...) a duality in antagonistic opposition. This makes him one of the most significant inheritors of the Nietzschean challenge to overcome the politics of ressentiment and to think in- stead a politics of affirmation that makes difference constitutive of the political. (shrink)

This article presents a comparative theory of subjective argument strength simple enough for application. Using the axioms and corollaries of the theory, anyone with an elementary knowledge of logic and probability theory can produce an - at least minimally rational - ranking of any set of arguments according to their subjective strength, provided that the arguments in question are descriptive ones in standard form. The basic idea is that the strength of argument A as seen by person x is a (...) function of three values: x ’s degree of belief in the premisses of A; x ’s degree of belief in the conclusion of A under the assumption that all premisses of A are true; and x ’s belief in the conclusion of A under the assumption that not all premisses of A are true. (shrink)

Es werden vier verbreitete Verwendungsweisen des Wortes ‘Argument’ beschrieben, an Beispielen erläutert und dann schrittweise expliziert. Die wichtigsten Explikata sind: ‘eine Satzfolge x ist ein deskriptives Argument in Standardform’, ‘ein deskriptives Argument x in Standardform ist bei der subjektiven Wahrscheinlichkeitsverteilung p stark (bzw. schwach)’, ‘ein Aussagesatz x ist bei der subjektiven Wahrscheinlichkeitsverteilung p ein Argument für (bzw. gegen) einen Aussagesatz y’, ‘ein geordneter Tripel x von deskriptiven Argumenten in Standardform, von Argumentebenen und von Argumentsträngen ist eine deskriptive Argumenthierarchie in Standardform’, (...) ‘eine deskriptive Argumenthierarchie x in Standardform ist gültig (bzw. ungültig; stichhaltig; konsistent; inkonsistent; sichtlich zirkelhaft; stark (bzw. schwach) bei der subjektiven Wahrscheinlichkeitsverteilung p)’. (shrink)

Karl Popper discovered in 1938 that the unconditional probability of a conditional of the form ‘If A, then B’ normally exceeds the conditional probability of B given A, provided that ‘If A, then B’ is taken to mean the same as ‘Not (A and not B)’. So it was clear (but presumably only to him at that time) that the conditional probability of B given A cannot be reduced to the unconditional probability of the material conditional ‘If A, then B’. (...) I describe how this insight was developed in Popper’s writings and I add to this historical study a logical one, in which I compare laws of excess in Kolmogorov probability theory with laws of excess in Popper probability theory. (shrink)

Zwischen 1987 und 1994 sandte ich 20 Briefe an Karl Popper. Die meisten betrafen Fragen bezüglich seiner Antiinduktionsbeweise und seiner Wahrscheinlichkeitstheorie, einige die organisatorische und inhaltliche Vorbereitung eines Fachgesprächs mit ihm in Kenly am 22. März 1989 (worauf hier nicht eingegangen werden soll), einige schließlich ganz oder in Teilen nicht-fachliche Angelegenheiten (die im vorliegenden Bericht ebenfalls unberücksichtigt bleiben). Von Karl Popper erhielt ich in diesem Zeitraum 10 Briefe. Der bedeutendste ist sein siebter, bestehend aus drei Teilen, geschrieben am 21., 22. (...) und 23. Oktober 1992, in dem er eine Vorform jener Definition der probabilistischen Unabhängigkeit entwickelte, die er 1994 im neuen Anhang *XX der 10. Auflage seiner Logik der Forschung (LdF) der wissenschaftstheoretischen Forschergemeinde vorstellte. Der berührendste ist sein letzter, geschrieben am 26. Juli 1994, in dem er trotz Erschöpfung mit Humor schildert, wie mühselig der Druck des Anhangs *XX verlaufen ist. Mein Bericht ist zugleich chronologisch und systematisch gegliedert: die ersten, vergleichsweise wenigen Briefe, großteils 1987 geschrieben, handeln von der Induktion; der große Rest, zeitlicher Schwerpunkt 1992, beschäftigt sich mit der Wahrscheinlichkeitstheorie. Das Kapitel 1 über Induktion ist in vier Abschnitte unterteilt: 1.1 Das Popper/Miller-Argument: eine Nachkonstruktion, 1.2 Karl Poppers Brief vom 25.8.1987: Deduktive Stützung, 1.3 Karl Poppers Brief vom 29.9.1987: Nochmals zur deduktiven Stützung, 1.4 Echt induktive Stützung und Schwächung: zwei eigene Beweise. Das Kapitel 2 über Wahrscheinlichkeit ist ebenfalls in vier Abschnitte unterteilt: 2.1 Ein Mangel an Überschußgesetzen in der Logic of Scientific Discovery, 2.2 Probabilistische Unabhängigkeit, 2.3 Wahrscheinlichkeitstheorie und Wahrscheinlichkeitssemantik, 2.4 Die neue Unabhängigkeitsdefinition im Anhang *XX der LdF. (shrink)

Paul Weingartner's classification of the sciences is analyzed in detail. There is a small mistake in the definition of the set of descriptive-normative sciences, which makes the classification incorrect, but which can easily be remedied.

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

In paragraph 21 of his "Logic of Scientific Discovery", Karl Popper characterizes with the help of two seemingly synonymous definitions the falsifiability of a theory as a logical relation between the theory itself and its basic statements. It is shown that his definitions do not agree with each other, and this result is applied to the problem of the falsifiability of contradictions, to the difference between falsifiable and empirical statements and to the demarcation criterion.

Bolzano hat seine Wahrscheinlichkeitslehre in 15 Punkten im § 14 des zweiten Teils seiner Religionswissenschaft sowie in 20 Punkten im § 161 des zweiten Bandes seiner Wissenschaftslehre niedergelegt. (Ich verweise auf die Religionswissenschaft mit 'RW II', auf die Wissenschaftslehre mit 'WL II'.) In der RW II (vgl. p. 37) ist seine Wahrscheinlichkeitslehre eingebettet in seine Ausführungen "Über die Natur der historischen Erkenntniß, besonders in Hinsicht auf Wunder", und die Lehrsätze, die er dort zusammenstellt, dienen dem ausdrücklichen Zweck, mit mathematischem Rüstzeug (...) Lehrmeinungen entgegentreten zu können, gemäß denen Wundererzählungen keine Glaubwürdigkeit zukommen könne. In der WL II (vgl. p. 171) führt Bolzano im großen und ganzen dieselben Lehrsätze an wie in der RW II, entwickelt nun aber die Wahrscheinlichkeitslehre innerhalb seiner Lehre von den Sätzen an sich. Dabei orientiert er sich zwar durchaus an den Lehrsätzen in den damaligen "Schriften über die Wahrscheinlichkeitsrechnung" (vg. WL II, p. 190), korrigiert aber dort, wo es ihm nötig erscheint (vgl. WL II, pp. 187–191), und leistet so im Grunde eine Reformulierung des elementaren Teils der Wahrscheinlichkeitslehre seiner Zeit innerhalb seiner logischen Theorie von den Sätzen an sich. — Ich bezwecke hier keine historische Studie über Bolzanos Wahrscheinlichkeitslehre, obwohl es von Interesse sein mag, herauszuschälen, worin Bolzano mit welchen Wahrscheinlichkeitstheoretikern seiner Zeit übereinstimmt, und worin nicht, insbesondere welche Schwächen von Bolzanos Wahrscheinlichkeitslehre Schwächen aller damaligen Wahrscheinlichkeitslehren waren. Eine wichtige systematische Studie über Bolzanos Wahrscheinlichkeitslehre bestünde — wie von Berg (1962, pp. 148-149) ansatzweise begonnen — in einer exakten Rekonstruktion seiner Wahrscheinlichkeitslehre innerhalb eines konsistenten logischen Systems der Sätze an sich. Ich werde im folgenden etwas bei weitem Bescheideneres, doch möglicherweise durchaus Fruchtbares versuchen, nämlich die Lehrsätze von Bolzanos Wahrscheinlichkeitslehre in die Sprache einer heutigen Wahrscheinlichkeitstheorie zu übersetzen und die übersetzten Lehrsätze dort herzuleiten, soweit dies möglich ist. Man könnte dann in einem zweiten Schritt, der hier nicht mehr unternommen wird, untersuchen, inwieweit jene Thesen, die den Herleitungstest überstanden haben, jenen Zweck erfüllen, den Bolzano ihnen ursprünglich zugedacht hat: als mathematisches Rüstzeug für seine Argumentationen gegen die Auffassung zu dienen, Wundererzählungen könnten nicht glaubwürdig sein. (shrink)

In a recent Opinion article, Sui and Humphreys [1] argue that experimental findings suggest self is ‘special’, in that self-reference serves a binding function within human cognitive economy. Contrasting their view with other functionalist positions, chiefly Dennett's [2], they deny that self is a convenient fiction and adduce findings to show that a ‘core self representation’ serves as an ‘integrative glue’ helping to bind distinct types of information as well as distinct stages of psycho- logical processing. In other words, where (...) Dennett regards self as analogous to a center of gravity, a simplification posited by observers, Sui and Humphreys regard self as a function that modulates mental processes. In practice, however, the concept of ‘self’ they employ is not unlike Dennett's. We side with Sui and Humphreys in hold- ing that self-reference modulates mental processes: reference to self during a task can bind memory to source, increase perceptual integration, and link attention to decision making, among other things. What is more, these functions are not reducible to other factors such as semantic coding, familiarity, or reward [3]. But whereas Sui and Humphreys contribute important empirical detail, the binding functions they describe are compatible with Dennett's version of functionalism, which treats self as an artifact of social process. (shrink)

Meier’s Gedancken von dem Zustande der Seele nach dem Tode (Gedancken) deserves a prominent place among treatments of the immortality of the soul in 18th century German philosophy, both within and without the Wolffian tradition of rational psychology. It does not wilt next to Mendelssohn’s Phädon in its quality of expression, and might even be compared with Kant’s discussion in the Paralogisms chapter of his Kritik der reinen Vernunft in terms of the boldness of its argument and its philosophical rigour. (...) The Gedancken contributed greatly to Meier’s growing reputation as an original thinker and helped him emerge from the shadow of his famous colleague in the philosophy faculty at the Friedrichs-Universität in Halle, Christian Wolff; moreover, it provoked detailed responses on the part of its critics and even made Meier himself the subject of official investigation as an accused aider and abettor of freethinkers. Meier’s Gedancken thus stands as a work of central importance within his own philosophical corpus and in the history of 18th century German rational psychology more generally. Accordingly, in this Introductory Essay, I will present the context and argument, as well as the reception, of the Gedancken, and then consider Meier’s subsequent defense of his controversial text. (shrink)

This is, to the best of my knowledge, the first published attempt at a rigorous logical formalization of a passage in Leibniz's Monadology. The method we followed was suggested by Johannes Czermak.

"Ethical Explorations: Moral Dilemmas in a Universe of Possibilities" by Brendan Shea is an open access textbook that provides a comprehensive study of ethical philosophy. Shea makes it his task to chart the sprawling landscape of moral thought from ancient times to the present, employing a straightforward, easily accessible style. -/- In the book, each chapter addresses a distinct ethical theory. Shea discusses everything from Plato's allegorical Cave to contemporary issues in bioethics. The text features relatable narratives, (...) clear explanations of core concepts, thought-provoking questions, and handy glossaries to help readers grasp the subject matter. -/- Among the topics, you'll find the principles of utilitarianism through the adventures of a princess, an exploration of duty via a story about a golem, and a look at natural law theory through an engaging science-fiction tale. Contemporary themes also make an appearance, including discussions on Marxism, Nietzsche's radical ideas, Simone de Beauvoir's intersection of feminism and existentialism, and racial theories from W.E.B. Du Bois and Martin Luther King. -/- As an open access (CC-BY) textbook, "Ethical Explorations" is freely available to everyone, making the study of moral philosophy accessible to all. It's a tool that gives its readers the means to wrestle with ethical questions in an ever-changing world. (shrink)

Alice encounters at least three distinct problems in her struggles to understand and navigate Wonderland. The first arises when she attempts to predict what will happen in Wonderland based on what she has experienced outside of Wonderland. In many cases, this proves difficult -- she fails to predict that babies might turn into pigs, that a grin could survive without a cat or that playing cards could hold criminal trials. Alice's second problem involves her efforts to figure out the basic (...) nature of Wonderland. So, for example, there is nothing Alice could observe that would allow her to prove whether Wonderland is simply a dream. The final problem is manifested by Alice's attempts to understand what the various residents of Wonderland mean when they speak to her. In Wonderland, "mock turtles" are real creatures and people go places with a "porpoise" (and not a purpose). All three of these problems concern Alice's attempts to infer information about unobserved events or objects from those she has observed. In philosophical terms, they all involve *induction*. -/- In this essay, I will show how Alice's experiences can be used to clarify the relation between three more general problems related to induction. The first problem, which concerns our justification for beliefs about the future, is an instance of David Hume's classic *problem of induction*. Most of us believe that rabbits will not start talking tomorrow -- the problem of induction challenges us to justify this belief. Even if we manage to solve Hume's puzzle, however, we are left with what W.V.O. Quine calls the problems of *underdetermination *and *indeterminacy.* The former problem asks us to explain how we can determine *what the world is really like *based on *everything that could be observed about the world. *So, for example, it seems plausible that nothing that Alice could observe would allow her to determine whether eating mushrooms causes her to grow or the rest of the world to shrink. The latter problem, which might remain even if resolve the first two, casts doubt on our capacity to determine *what a certain person means *based on *which words that person uses.* This problem is epitomized in the Queen's interpretation of the Knave's letter. The obstacles that Alice faces in getting around Wonderland are thus, in an important sense, the same types of obstacles we face in our own attempts to understand the world. Her successes and failures should therefore be of real interest. (shrink)

A review of Daniel Dennett's Intuition Pumps (W.V. Norton: 2013).

Georg Cantor's absolute infinity, the paradoxical Burali-Forti class Ω of all ordinals, is a monstrous non-entity for which being called a "class" is an undeserved dignity. This must be the ultimate vexation for mathematical philosophers who hold on to some residual sense of realism in set theory. By careful use of Ω, we can rescue Georg Cantor's 1899 "proof" sketch of the Well-Ordering Theorem––being generous, considering his declining health. We take the contrapositive of Cantor's suggestion and add Zermelo's choice function. (...) This results in a concise and uncomplicated proof of the Well-Ordering Theorem. (shrink)

The legacy of George W. Bush will probably be associated with the President’s infallibly certain style of visionary leadership and his specific vision of a ‘Freedom Agenda’. According to this vision, the United States must spread democracy to all people who desire liberty and vanquish those tyrants and terrorists who despise it. Freedom is universally valued, and the United States is everywhere perceived as freedom’s protector and purveyor. So, the mission of the Freedom Agenda is to guard existing freedoms (...) as well as spread the democratic political system to those countries lacking comparable freedoms. Recent analyses of the Bush Freedom Agenda examine its roots in realist foreign policy and neoconservative political thought. In this paper, I take a different approach, connecting the Freedom Agenda to the ideas of two philosophers: (i) Isaiah Berlin’s notion of positive-negative liberty and (ii) John Dewey’s concept of freedom as a function of culture. My central claim is that when compared with the ideas of Berlin and Dewey, the Freedom Agenda is a faulty construct, both conceptually and practically, for understanding America’s role in global affairs. The Freedom Agenda proves to be neither conservative nor universal. Nevertheless, it constitutes an essential element of George W. Bush’s legacy, a vision of American purpose in a threatening and divisive world. (shrink)

A reading is offered of Carl Hempel’s and Thomas Kuhn’s positions on, and disagreements about, rationality in science that relates these issues to the debate between W.V. Quine and Rudolf Carnap on the analytic/synthetic distinction.

This book’s goal is to give an intellectual context for the following manuscript. -/- Includes bibliographical references and an index. Pages 1-123. 1). Philosophy. 2). Metaphysics. 3). Philosophy, German. 4). Philosophy, German -- 18th century. 5). Philosophy, German and Greek Influences Metaphysics. I. Hegel, Georg Wilhelm Friedrich -- 1770-1831 -- Das älteste Systemprogramm des deutschen Idealismus. II. Rosenzweig, Franz, -- 1886-1929. III. Schelling, Friedrich Wilhelm Joseph von, -- 1775-1854. IV. Hölderlin, Friedrich, -- 1770-1843. V. Ferrer, Daniel Fidel, 1952-. [Translation from (...) German into English of the-- Das älteste Systemprogramm des deutschen Idealismus.]. -/- Note: the manuscript is in the handwriting of G.W.F. Hegel, but the actual authorship is disputed. No date is given. Franz Rosenzweig made up the title as it is known today. He published the text in 1917. At that time, F. Rosenzweig thought F.W.J. Schelling was the author. No one has read this book for errors. As always, any errors, mistakes or oversights etc. are mine alone. Given a couple more years, I could improve this book. This is a philosophical translation and not a philological translation. Martin Luther who did the famous early translation of the Bible into German wrote in a letter, “If anyone does not like my translation, they can ignore it… (September 15, 1530)”. There are no ‘correct’ translations. Some are just better than other translations. -/- The Oldest Systematic Program of German Idealism. The German title is: Das Älteste Systemprogramm Des Deutschen Idealismus. This title was made up by Franz Rosenzweig in 1917, when he first published the manuscript. He found the manuscript in the Royal Library in Berlin in 1913. The manuscript suggested date is around 1796 and was done by handwriting research. However, the manuscript is not dated. The Prussian State Library auctioned in March 1913 from the auction of the house Liepmannssohn in Berlin a single sheet on the front and back with Hegel's cursive handwriting. The manuscript was lost during WWII. But Dieter Henrich found it again in 1979 in the “Biblioteka Jagiellonska” in Krakow (Poland), where it is today. Address: Jagiellonian Library, Jagiellonian University, al. Mickiewicza 22, 30-059 Cracow, Poland. Later research suggests that manuscript had come from the estate of Hegel’s student Friedrich Christoph Förster (1791-1868). He was one of the editors of Hegel’s posthumous works and most likely had access to a number of Hegel’s manuscripts. This text actually being one of them. Hegel traveled around Bohemia with Marie and Friedrich Christoph Förster around the year 1820-21 (see Klaus Vieweg). -/- Philosophical mystery -- who is the author or authors of this text? -/- Take a plunge into the deep and cold waters. Maybe a quagmire or quandary, but decidedly interesting. This project is to contextualize an old handwritten manuscript which is about 225 years old. The actual author is a mystery. I offer my own assessment. You can make your own assessments. The mystery has continued to unfold since 1917. There is plenty to read. Otherwise, think about the authorship and read more of the German philosophers and authors from this period and enjoy the depth of thinking and philosophizing. On one hand, there is just the sheer fun in the puzzle of the authorship questions; and on the other hand, these are the alluring thoughts that lead to the nascent stage of German Idealism and our intellectual heritage. There is no end to the accolades for this group of philosophers. A heritage that we still hear in in our attempts to move forward into our future. -/- Do your own astute exegesis (ἐξήγησις) as all paths are still open. Let your thought take to the wings of what is called thinking with this text. Critical encounters (Auseinandersetzung, or a Gegenüberstellung) with at least: Friedrich Hölderlin (1770-1843) Friedrich Wilhelm Joseph Schelling (1775-1854), and Georg Wilhelm Friedrich Hegel (1770-1831) --- starts here! German Idealism. We are not going to study this situation endlessly, instead we make some broad strokes and provide you a general context. You are allowed to read between the lines too. Goal: to understand the overall affinity and differences between the intellectuals of this period in German history; and to come to grips with this demanding text within its large scholarly context in the last 100 years. There are no final answers. (shrink)

On September 7, 2008 the executive administration of American President George W. Bush announced that his government would take over the giant mortgage finance companies Fannie Mae and Freddie Mac, costing the citizens $200 billion. One week later, the 160 year-old American investment bank Lehman Brothers filed for the largest bankruptcy in U.S. history. What would soon be known worldwide as “the financial crisis” had begun. In response to that crisis, less than a month later, on October 3, 2008, (...) the United States Congress passed the Emergency Economic Stabilization Act of 2008, which established the Troubled Asset Relief Program and authorized the use of $700 billion in taxpayer funds to bail out the banking and finance industry. As a result, the U.S. Treasury reports that the total bailout gave Bank of America $45 billion, Citigroup Bank $45 billion, AIG Bank $40 billion, J. P Morgan $25 billion, Wells Fargo $25 billion, General Motors $10.4 billion, Goldman Sachs $10 billion, Morgan Stanley $10 billion, GMAC $5 billion, and Chrysler corporation, a mere $4 billion. This response to a perceived crisis was not limited to the United States. On October 12, 2008—in one day alone—the United Kingdom coughed up the equivalent of €679 billion in bank relief. And in Germany, Der Spiegel reported on December 23, 2008 “The German government whipped its €480 billion bank bailout package through parliament in record time.". (shrink)

"The Problem of Intersubjectivity in Berkeley’s Immaterialism" The paper discusses the issue of intersubjectivity in Berkeley’s early philosophy. In the course of metaphysical analysis I argue that it is not possible to save within Berkeleian metaphysics intersubjectivity of the object of cognition and the unity of the world of experience, either in version of its strict identity or by taking perfect likeness as a criterion of its identity.

[Democracy Building in Africa: The George Carew's Thought]. Większość współczesnych afrykańskich myślicieli politycznych uważa, że w państwach Afryki powinna zostać ustanowiona demokracja w miejsce dominujących tam obecnie różnych odmian autorytaryzmu. Jednakże niewielu z nich jest zdania, że liberalna teoria demokratyczna w kształcie, w jakim została skonceptualizowana i urzeczywistniona w praktyce politycznej na Zachodzie, daje odpowiedź na pytanie, jak wprowadzić ludowładztwo skrojone dla potrzeb Afryki. Niektórzy myśliciele afrykańscy krytykują rozmaite wady zachodniej demokracji liberalnej i szukają elementów demokratycznych w tradycyjnych rodzimych (...) wartościach i politycznych instytucjach, wyrażając opinię, że możliwe jest ich współczesne wykorzystanie w procesie budowy demokracji w Afryce. Tymczasem sierraleoński filozof George Munda Carew, autor poglądów składających się na jedną z szerszych współczesnych wizji przyszłości państwa w Afryce, twierdzi, że „treść pojęcia demokracji nie jest jeszcze stała” i proponuje Afrykanom tylko przejściowe przekształcenie niektórych rozwiązań liberalnej teorii demokratycznej. Carew uważa, że obowiązkiem myślicieli politycznych jest tworzenie teorii demokratycznej, która pasuje do specyfiki konkretnego rodzaju państwa. Na potrzeby wieloetnicznego państwa afrykańskiego należy, jego zdaniem, wypracować taką normatywną propozycję polityczną, która będzie „dawać szansę na możliwie największą integrację członków państwa, kompatybilną z możliwie największym ich zróżnicowaniem”, a zatem umożliwiać „promowanie jednocześnie pluralizmu demokratycznego i kulturowego”. Krzysztof Trzciński, Budowanie demokracji w Afryce: Wizja George’a Carewa [Democracy Building in Africa: The George Carew's Thought], “Krakowskie Studia Międzynarodowe” 2010, Vol. 7, No 1: J.Zdanowski (ed.), Idee i ideologie w krajach Azji i Afryki [Ideas and Ideologies in Asia and Africa], s. 249-272. (shrink)

Drawing on phenomenological literature author presents understanding of the aesthetic experience of the musical work pointing to several things: 1. the deep grounding of the experience in myth and Orphic tradition, 2. to the metaphor of building worlds and 3. to being in the moment as one of the most important description of the experience of musical work. Further on author underlines the dynamic as well as fickle character of the experience of musical work, suspended between the sensual audio experience (...) and the conscious mental one. Phenomenological descriptions capture the aesthetic experience of musical work as processual, subjective, emotional, quality based and unfinished, in which they realize perfectly the complexity of the experience, claims the author. (shrink)

The history of holography, the technology of three-dimensional imaging that grew rapidly during the 1960s, has been written primarily by its historical actors and, like many new inventions, its concepts and activities became surrounded by myths and myth-making. The first historical account was disseminated by the central character of this paper, George W. Stroke, while a professor of Electrical Engineering at the University of Michigan. His claims embroiled several workers active in the field of holography and information processing during (...) the 1960s, but transcended personality conflicts: they influenced the early historiography of holography and the awarding of the Nobel Prize for Physics to Dennis Gabor in 1971. An extended discussion of these episodes, based on archival research, publications analysis and interviews with participants, reveals the importance and extraordinary allure of intellectual priority for practicing scientists, and how its history and explanations are woven from multiple accounts and contemporary interpretations. (shrink)

Der erste amerikanische Krieg von 1991 gegen Saddam Hussein war moralisch falsch. Man muss kein radikaler Pazifist sein, um zu diesem Urteil zu kommen, denn dies Urteil ergibt sich auch dann, wenn man die drei Kriegsziele ernst und beim Wort nimmt, die George Bush zur Rechtfertigung des Kriegs angeführt hat. In der Tat sind es auf den ersten Blick löbliche Ziele, Kuwait von der Besatzung durch irakische Truppen zu befreien, Saddam Husseins Militärmacht einzudämmen und für eine gerechte Weltordnung zu (...) kämpfen. Doch wenn man die Opfer in den Blick nimmt, die der Krieg kostet, ändert sich das Bild – die Kriegsopfer wiegen schwerer als der erhoffte Vorteil des Kriegs, und also war der Krieg moralisch unverantwortlich. (shrink)

Johann Georg Hamann, filozof z Królewca, filolog oraz teolog (1730-1788) był nazywany przez Goethego „najuczeńszą głową swojego czasu”. Twierdził, że właśnie od niego „najwięcej się nauczył”. Dlatego też zbierał i czytał jego pisma. To samo można powiedzieć o stosunku Ernsta Jüngera (1895-1998) do „maga Północy” . Usłyszał o nim przypadkowo w roku 1924 od lipskiego docenta filozofii Hugo Fischera i odtąd był Hamannem zafascynowany. Często powoływał się na niego w węzłowych miejscach twórczości, jak np. w postaci motta z Hamanna w (...) obu wersjach swojej pierwszej pracy Das abenteuerliche Herz (1929, 1938). Także dzięki Hamannowi powziął przekonanie, że „wyrazistość jest słusznym podziałem między światłem i cieniem”, jak i to, że najważniejsze fenomeny nie są zjawiskami przyczynowo uszeregowanymi, możliwymi do opanowania przez człowieka, lecz zjawiskami podpowierzchniowo powiązanymi ze sobą. Można je poprzez analogię opisać w zbliżony sposób. Jünger stanął tutaj w jednym szeregu z Hamannem i Goethem. Pod koniec swoich opublikowanych dzienników (14.12.1995) nazwał swoją znajomość z magiem Północy „nieuniknionym” i zaliczył go do „budzicieli”, którzy uformowali jego charakter. (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)

Krzysztof Trzciński, ‘The Concept of an Ethnic Upper Chamber in a Bicameral Parliament in an African State (Part 1).’ The article has been published in “Afryka” 34, 2011, pp. 30-42. It consists of two parts. Part 1 explains Nigerian political thinker Claude Ake’s concept of the ‘chamber of nationalities,’ in the context of the idea of recognizing and strengthening the ethnic groups’ rights in a multiethnic African state. According to the concept, in an African state, a bicameral parliament should be (...) constituted. Its upper house should be created based on the existing ethnic divisions, allowing all ethnic groups to be represented in a balanced way and thus empowering the smaller of them. Implementation of this concept may contribute to the building of more peaceful and politically stable states in Africa. Ake’s opinions are enriched with the views of a Sierra Leonian philosopher George M. Carew that seem useful in the analysis of the whole concept. Next, a case study of the Ethiopian parliament’s upper chamber, House of Federation, is discussed. That chamber is a product and an essential part of the ethnic federalism system currently existing in Ethiopia. This case resembles Ake’s concept in many ways. Then, the Nigerian philosopher Ifeanyi A. Menkiti’s ideas, having some common points with the Ethiopian territorial structure and political system as a whole, are explained. Menkiti’s views teach what may be the realities of an ethnic federalism system, especially in an undemocratic environment. His opinions also seem complementary with some of Ake’s ideas concerning the ‘chamber of nationalities’ concept. (shrink)

[Selected African intellectuals' views on the impact of colonial powers on the development of a postcolonial African state]. This article provides an analysis of a Nigerian political thinker Claude Ake's and Sierra Leonian philosopher George M. Carew's views concerning the impact of colonial powers on the political and, to a lesser extent, economic development of a postcolonial African state. According to their opinions, colonial powers are responsible for introducing in their African colonies during the period of decolonization democratic institutions (...) and mechanisms that were inadequate for multiethnic societies. This did not contribute to the building of democratic, peaceful, and politically and economically stable states in Africa. Published in: Forum Politologiczne 13, „Stare” i „nowe” mocarstwa w Afryce, Arkadiusz Żukowski (ed.), Instytut Nauk Politycznych, Uniwersytet Warmińsko-Mazurski, Olsztyn 2012, s. 61-83. (shrink)

The Shadow of God in the Philosopher’s Garden. The Parc de La Villette in Paris in the context of the philosophy of chôra I Bernard Tschumi’s project of the Parc de La Villette could have won the competition and was implemented thanks to the political atmosphere that accompanied the victory of the left-wing candidate in the French presidential elections in 1981. François Mitterand’s revision of the political programme and the replacement of radical reforms with the construction of prestigious architectural objects (...) and urban assumptions in the French capital gave Tschumi a unique opportunity to realise ideas that polemicised with traditional forms of social life, questioned the basic principles of architecture and included architectural work in the philosophical disputes over the issues of metaphysics. Tschumi’s theoretical assumptions put forward during the design of the Parc de La Villette highlighted the questions of conflict between the main components of the project and suggested that the intensification of differences was analogous to Jacques Derrida’s creation of the concept of différance. It was this philosopher who in a special commentary to Derrida’s project also introduced the concept of maintenant, which aimed at demonstrating that the architect’s polemical inclinations remain in a hidden balance with his inclinations to affirmation of architectural principles. During the discussion between Derrida and Peter Eisenman, who was to take part in the design of the Parisian park, the concept of the chôra was also put forward, which in the course of the debate led to an additional confusion of architectural and philosophical problems. II In the period from the Antiquity to the Renaissance, the dialogue Timaeus was the most frequently commented work of Plato. At present, the most frequently discussed is the issue of the chôra included in it, which aroused fascination among philosophers, researchers of rhetoric, religion, feminism, but also architecture. The work on the chôra also influenced the development of the interpretation of the Parc de La Villette, among which the topics related to the beginning and the change were highlighted. In early uses of the word chôra in Greek, as in Homer’s 18th Book of Iliad, it meant both dancing and a place to dance. On this occasion, it can be seen that it is not possible to determine which phenomenon took precedence in the creation of the name. It cannot be denied, however, that the word concerned a specific movement, as if circular and returning to an indefinable beginning. Despite gaining more and more general meanings, the word chôra has retained its connection with the dance of people on the threshing floor, the dance of bees (choros meliton) or the dance of stars (choros astron). In Timaeus, the chôra is a space filled with movement with an effect similar to shaking the sieve to husk the grain: it separates similar elements from the dissimilar ones. The juxtaposition of the Parc de La Villette and the chôra already at this stage leads to the suggestion that the park was treated by the architect as a place of dynamic changes leading to the establishment of new social solutions. In his statements, the architect confirmed that the park was to be a space of new politics and ethics. The book by Julia Kristeva La Révolution du langage poétique contributed to the spread of the belief that works of art can play a role as factors of political revolution. In this work, the author put forward the thesis that the chôra is a kind of space, the character of which has a destructive influence on attempts to conclude language games. The chôra gives beginning to words, but at the same time, by leaving a trace of this beginning it forces us to renew their meanings. The chôra understood in this way, turns out to be an irremovable beginning, to which one has to return all the time. Kristeva found manifestations of the chôra’s activity in avant-garde French poetry, to which she attributed the role of a mediator between criticism of metaphysics and aspirations for social change. The chôra, violating the language, introduces some voids into it, as if traces of the abyss, which direct the consciousness towards understanding the necessity of political changes. The Parc de La Villette was to pursue similar objectives in the city space. In his essays, Tschumi considered the problems of creating spaces that would give rise to a radical democracy. The proposed rebellious spaces should have the characteristics of a void, in which contradictory forces would occur as forms of pure activity. The means of achieving this goal was to concentrate contradictions and make them visible. The Parc de La Villette was supposed to collect differences as indelible and at the same time by showing them it was supposed to raise awareness of the social world as a conglomerate of differences. Saturation of the space of the park with subversive values results from the character of this space suppressed in the consciousness, as well as from the social diversity which has not been taken into account so far. The main contradictions contained in space relate to the division that exists between its presentation as a mental problem and a sensual one. The park was the deliberate creation of a place that transcends such a division and creates a separate space for negotiation between architectural theories and its practical applications. The purpose of the park was to become a place of future events, which would not hide their conflicting character coming from diversity of both space and society. The method of composition usually aimed at achieving a harmonious whole has been replaced by Tschumi with a system of juxtaposition of non-coherent elements or those resulting from variations and transformations. Tschumi did not seek direct influence on politics in the Parc de La Villette, but made room for thinking about the possibilities of the future. He introduced problems rather than showed solutions to them. The task of the park was to put the principles of architecture into a kind of vibration that would inspire users to participate in the new community. III Tschumi believes that the quality of architecture depends on the theoretical factor it contains. Such a view led to the creation of architecture that would achieve visibility and comprehensibility only after its interpretation. On his way to creating such an architecture he took on a purely philosophical reflection on the basic building block of architecture, which is space. In 1975, he wrote an essay entitled Questions of Space, in which he included several dozen questions about the nature of space. The questions he formulated could be regarded as analogous to the situation in the philosophy of the time, in which the interest in questioning the most obvious forms of understanding the world and intellectual categories increased. The research on space is an area common to many fields of natural sciences, humanities and artistic creation, but it also deals with other problems, such as issues of experience. The concept of space-time continuum proposed by Hermann Minkowski drew attention to the identity of time and space with the events taking place. Probably regardless of the postulates of physicists commenting on Albert Einstein’s discoveries, also in philosophy it increased the importance of the concept of the event which became dominant in Martin Heidegger’s latest work Contributions of Philosophy: Of the event. Furthermore, Tschumi’s reflections on space entered into relation with the problem of experience, which aroused the interest of a group of French philosophers trying to assimilate Georges Bataille’s concept of “inner experience”. Both Tschumi and Derrida referred to Bataille because his views could be used not only to modify the concept of the subject, but also to change the understanding of what constitutes the area of architecture. The discussion on experience has led to the recognition that the subject is not sovereign, but actually a form of what is on their outside. Such insights make it possible to treat the area of the Parc de La Villette as existing mainly when it is organised by its users. The decisive features of the park are its assumptions, according to which it is a variety of active void that leads to agreeing new social relations with it. The park does not force to participate in already existing moral or political communities, but tries to move into an unknown future in which the scope of free functioning of individuals will be increased. Doubts about the principles of functioning of the individual self and its discovery as a whole composed of non-coherent parts, as well as its dependence on its own depth full of disordered forces, influenced the understanding of architecture as a set of contradictions whose source is a fundamental void anticipating the empty phenomenal space. The use of this phenomenal void in architecture, as well as the rejection of the whole and unity, had a specific political purpose and drew its inspiration from political analyses. In the Parc de La Villette, metaphysics and politics were brought closer together because the philosophy of void was used to create new conditions for community action. It can be argued that the source of this philosophy was the perception of errors in existing societies dependent on the shortcomings of traditional metaphysics. Spacing (espacement) was one of the key terms in Derrida’s philosophy, which was also combined with the concepts of différance and chôra. The study of the nature of space, especially its transition from the level of pure possibility to the level of sensual phenomenon, also contributes to understanding how well designed space can have an impact on its audience. This explanation is based on Tschumi’s assumption that the space of the Parc de La Villette contradicts the integrating approaches and instead exposes contradictions, but it does so in a way that combines incompatible properties into a single piece of architecture. The specificity of such integration is similar to the invention of a musical phrase, which is an ideological message: moral and political. Such a thesis may raise doubts, however, if both the clearly adopted assumptions and those deduced from the work allow for their logically ordered presentation then to a limited extent it may be assumed that the work has achieved a connection between a specific philosophy of space and its practical application. Derrida combined the problem of spatiality with the problem of transcendental imagination in the philosophy of Immanuel Kant, who in the first version of Critique of Pure Reason assumed that pure imagination precedes the appearance of time and space, even in their transcendental forms. The imagination in such a situation can be described as a factor activating time and space, which indicates what function is played by movement in this activity. This leads us to recognize that the ultra originary source of pure forms of sensual intuition is movement, which in early Greek philosophy was identified with void and its lack of resistance to phenomena occurring in it. Derrida’s philosophy in search of a certain super-transcendental source of time and space pointed to différance which, like void or the chôra, does not have material features or even any other form of being. Différance is the primary cause of the disruption of motionlessness and the introduction of activity into motionless time and space, thus its activity can be described as spacing (espacement). Derrida’s discoveries in this respect are not entirely original, because Georg Wilhelm Friedrich Hegel already pointed out when examining the present that it is primarily a differential relation (differente Beziehung), which, being seemingly neutral, influences the present with supernatural force and makes it unidentifiable with itself. Differente Beziehung must similarly influence the originary space, negating its initial character by multiplying its divisions and expanding its boundaries. Différance acts by revealing contradictions wherever there is apparent undifferentiation. Tschumi, composing the Parc de La Villette as a variety of void and a set of incompatible layers, followed the rules of différance or the chôra: he made void visible together with its saturation with contradictions. If space can be considered to be the result of the activity of difference, such activity has a certain regularity, which influences the behaviour of its observers. Differences or contradictions fall into a certain rhythm, which can be considered a manifestation of transcendent order. The problem is that what can be considered the source of such order, namely the logos or God, is partly disorder and error. According to descriptions contained in Timaeus, the world is a combination of forces that drive to order with forces of erroneous necessity that resounds in every order and forces it to return to disorder. Derrida denied the possibility of understanding différance as a theological value, even if it were a negative or apophatic theology, but no categorical denial could be perfect. The assumption that différance or the chôra are not endowed with any substance properties cannot deny their activity, and thus a certain force. Already since Democritus, philosophy has multiplied the names of such a force and the contradictory variety of its manifestations, never forgetting also the necessity for reason to withdraw from the possibility of giving its correct characteristics. Such a withdrawal may be interpreted as an expression of respect and, in certain situations, as a cult of the force that precedes reasonableness. The Parc de La Villette, which is an artistic divagation about the contradictions and forces behind them, can be considered as a place of their sublimation, and therefore as a variation of the temple of what differs from order and disorder. IV In the texts that presented the theoretical assumptions of the Parc de La Villette, Tschumi used a large number of terms that contradicted not only the traditional principles of composing architecture, but also negated the rules of social order and the foundations of Western metaphysics. Tschumi’s statements, which are a continuation of his leftist political fascinations from the May 1968 revolution, as well as his interest in the philosophy of French poststructuralism and his collaboration with Derrida, prove that terms such as “disruption”, “dissociation”, “disfunction”, “disjunction” and “dispersion” not only referred to architectural problems but also applied to political criticism and the deepest foundations of thinking itself. His collaboration with Derrida manifested itself primarily in the publication La Case Vide: La Villette 1985, in which the architect’s design drawings and texts explaining his concepts related to the Parc de La Villette were accompanied by an extensive essay by Derrida, which included theoretical problems taken up by Tschumi in a philosophical context. Architectural and philosophical issues were also combined during seven discussion meetings organised by Eisenman, invited by Tschumi to collaborate on the design of the Parc de La Villette. Eisenman, who, like Tschumi, invited Derrida to participate in the design of the park and also led to the publication of Chora L Works: Jacques Derrida and Peter Eisenman, in which his ideas were confronted with Derrida’s philosophical text. In this case, Derrida’s essay was not a direct commentary on the architect’s concepts, but rather a reflection on the question of the chôra presented by Plato in Timaeus. During the discussion and in his essay, Derrida pointed out that the chôra is a component of the created world, yet it does not belong to it, but precedes it. The originality of the chôra is so radical that she also precedes all the factors of creating the world, including ideas and the Demiurge. Thus athesis appeared in the metaphysics of the West that the chôra is a form of active abyss, in relation to which all beings are secondary, both those perfect (as ideas or God) and those created, such as the world, things, people or language. This leads to the conclusion that the chôra does not exist, because all existence is a derivative of the chôra. Nor could the chôra be described, since it is a form of developing a space that is preceded by a lack of space characteristic of the chôra. Derrida intended the chôra to be an instance with an exceptional degree of transcendentalism, an anti-metaphysical instance, but also an a-theological one. However, this attempt failed, both in the field of secular philosophy and in the field of theology. Derrida’s characteristics of the chôra to strengthen its transcendentalism and negation of metaphysics had to be expressed in a language that immediately produces new concepts and a new metaphysics that reproduces the categories of the beginning, the origin or the foundation known from earlier philosophical traditions. All forms of criticism of metaphysics are also inspired by negative, apophatic and mystical theology. The undermining of many concepts of permanent meaning and the introduction of new concepts of unstable meaning, characteristic of the philosophy of deconstruction, had many features of originality, but it was directed towards problems whose solutions repeat, with the use of new vocabulary, the findings known in culture since Democritus. Thus, if apophatic philosophy can be regarded as deconstruction avant la lettre, then deconstruction itself in its late versions began to take on the features of a new religion. The exchange of inspiration between theology and deconstruction was manifested in a series of scientific conferences and publications in which Derrida’s philosophical concepts were interpreted within the scope of religious thought. Theological threads began to be found in such concepts of deconstruction as différance or the chôra, while at the same time Derrida himself undertook in his philosophy to study problems such as the Other (L’Autre) or the Impossible (Impossible), which belonged to newer theological traditions. As a consequence of the new problems, the deconstruction became closer to the features of a new religion. Philosophy, at least from Kant’s time, has tried to create a system that would take over from religion the tasks of setting moral and political goals. Similarly, Derrida has directed his interest towards the problems of democracy and ethics, which would enable their renewal. Attempts to create a new religion (cleared of old metaphors), a new community or a new democracy bring problems and threats which may be no less troublesome than the previous systems. All promises of freedom carry with them threats, the greater the more they strive for perfection. The renewal of existential orders, sometimes carried out by means of violent changes, is a certain repetitive feature of human cultures. Deep changes, however, do not protect against the return of both old gods and old demons. Tschumi and Derrida were shaped in their youth by the atmosphere of leftist rebellion against the moral and political limitations of ossified communities and the imperfections of democracy. The ethical theme distinguishes many of their works, including the Parc de La Villette. The opposition to the metaphysical traditions of philosophy and architecture contained in this park was prompted by specific political situations and resulted from bringing political issues to the level of philosophical considerations. Achievements made at the level of pure concepts were then subject to elevation, to a kind of sacralization, which made them religious concepts. The deconstruction reached for the status of the new religion especially when it found its followers and began to generate moral obligations. In the new situation, terms such as the chôra, l’Autre or the Impossible were absolutized and in relation to them a cult and attitude of adoration emerged. The Parc de La Villtette then gained new post-secular meanings, which allow it to be assigned the function of a Temple of Otherness (L’Autre) and Impossible. V In the traditional sense, a work of art creates an illustration of the outside world, or of a certain text or doctrine. Sometimes it is considered that such an illustration is not literal, but is an interpretation of what is visible, or an interpretation of a certain literary or ideological message. It can also be assumed that a work of art creates its own visual world, a separate story or a separate philosophical statement. Parc de La Villette represents the last of these possibilities: it is a philosophical statement that develops the premises derived from poststructuralist philosophies and the philosophy of deconstruction. The uniqueness of its being status, however, is that it does so not only at the level of the theoretical assumptions, but also through its functioning as an active philosophical work. This means that a park is a happening philosophy. Its activity, however, does not refer only to the present tense, but is also an attempt to penetrate the future, all otherness and impossibility. This kind of activity assumes that the work, in a sense, does not yet fully exist, but is also still produced in the processes of its interpretation. The theoretical foundations of the park included texts by Tschumi, in which he questioned traditional ways of creating a work of architecture, postulating in return the use of a long series of negations, which were comparable to the crisis of metaphysics characteristic of contemporary philosophy. It is therefore no coincidence that the publication containing Tschumi’s theoretical text on Parc de La Villette was accompanied by an essay by Derrida developing some of the architect’s concepts. The next step in integrating philosophy into the process of park design was a series of discussions between Eisenman and Derrida, who completely moved the creation of the park into the world of thoughts, without accentuating the need for their realization in the material reality. The main topic of these discussions was the problem of the chôra, which was taken up by later commentators and used to interpret the park as a work in which the philosophy of the beginning is manifested relating to issues of politics, morality and religion. The park was therefore interpreted as a space of invention within the scope of creating new rules of functioning of the community and democracy. Thinking about the political future may, however, exceed the horizon of ordinary expectations. Although philosophical thought is always connected with contemporary problems and metaphysics sometimes intertwines with current politics, yet at the same time the customs of philosophy also include crossing horizons and thinking about absolute otherness and impossibility. Initially, the chôra, différance, absolute otherness (tout autre) and the Impossible were concepts of pure philosophy of atheistic character, but with the further development of the discussion, more and more theological motifs began to emerge. One of the reasons for this phenomenon was the fact that radical negations of all being, which were contemplated in contemporary philosophy (by Heidegger and Derrida, among others), had previously been manifested in negative and apophatic theologies (by Master Eckhart, among others).Also the category of the “Other”, taken from Emmanuel Levinas, was clearly connected with the thought about God. A further reason for connecting the chôra with the theological thought was the interest in the philosophy of deconstruction expressed by some theologians. John Caputo in particular managed to persuade Derrida to participate in discussions on the current status of religion. In the late period of Derrida’s writing, further statements on religious topics appeared. All these reasons led to posing a question about the identity of the chôra and God. Although there were no satisfactory conclusions on this issue, the discussion was also important to create an interpretation of the park as a place of worship. The chôra, representing, according to Plato, the preoriginal emptiness is the place of every beginning, but it turns out that it is not neutral to the being created in it. The chôra deposits itself in every being as an irremovable beginning that interferes with its stability. The chôra, therefore, forces us into a palintropical movement, but it also turns out to be a pure compulsion, an erring necessity and a fundamental force from which, in the human perception, motifs useful to the individual and to the community are extracted. All definitions of this force, including its anthropomorphisation, are formulated in such a way that they allow for building private and collective morality upon them. Such definitions are changed depending on variable political situations. It is difficult to determine whether in the processes of changes in the formulation of “God’s names” any essential value is retained, which is not subject to change. The current definitions of the chôra (God?), which can be found, for example, in the philosophy of Caputo, stress that she is a combination of various and contradictory forces. This characteristic inherits much of Plato’s concept, reminds us of Master Eckhart’s views on Gottheit and, at the same time, is not unfamiliar to Tschumi, whose essays were an apologia of contradictions. The current concept of chôra, transferred into the sphere of politics, is the praise of social diversity and the protection of the difference from the forces of order. In the Parc de La Villette, the future community and democracy were elevated as a system of safe existence of individuals in all their singularity. The park is a temple of a future community in which individual beings have nothing in common. (shrink)

Jellinek define “estatus” como la “relación con el Estado que califica al individuo”. Su teoría distingue cuatro tipos: pasivo o subiectionis, negativo o libertatis, positivo o civitatis y activo o de la ciudadanía activa. Al margen de las polémicas sobre su vigencia, se pretende relacionar la aportación de Jellinek con la concepción del consentimiento informado del Tribunal Constitucional español, quien lo ha definido como deber de abstención de los profesionales sanitarios (STC 37/2011, de 28 de marzo, entre otras), es decir, (...) como una negación de su competencia en la terminología de Hohfeld, o como un derecho de defensa. Debido a la adecuación de su estructura al contenido del consentimiento informado, el análisis se centrará en los estatus negativo y positivo. La cuestión versa sobre la posición de los derechos de defensa en la tesis de Jellinek y si es viable su empleo en la conceptualización de los actuales derechos fundamentales. (shrink)

Philosophy has long been seen as a crucial instrument for living a meaningful life. Nonetheless, for more than a decade, systematic philosophical study in Africa has been dominated by a single compound question: Is there an African philosophy, and if so, what is its nature? When it comes to Africa and philosophy, there is a lot of debate about whether or not Africans have a philosophy. Africans have long been accused of being irrational. Some Western scholars’ interpretations of African philosophy (...) may help us comprehend it better. The Aime Cesaire-led Negritude movement, the Harlem Revolution, the South African Apartheid movement, and others are all examples of recent literature expressing opposition to the perspective of black inferiority and various insults directed at black Africans. Some European scholars did accuse Africans of being irrational beings. These claims provided the impetus for the spread of various beliefs and ideologies masquerading as African philosophy. In light of this, the purpose of this essay is to disprove prejudicial claims made against Africans and African philosophy. The works of Western thinkers such as Immanuel Kant, Georg W. F. Hegel, and Lucien Levy-Bruhl would be highlighted. (shrink)

English title: Cultural Stereotypes and Bias Towards the Indians in Writing of Rudyard Kipling. The aim of this paper is to characterize and dispute the cultural stereotypes and prejudices against the Indians depicted in the writings of Rudyard Kipling (1865–1936), one of the most popular British novelists of the Victorian era. The starting point for these reflections is George Orwell’s essay in which he describes Kipling as a racist and imperialist as well as a morally insensitive and aesthetically disgusting (...) figure. To verify this view the present author undertakes an analysis of the cultural stereotypes and prejudices embedded in the selected novels by Kipling. In reconsidering Kipling’s works, she traces the connections between his own world-view and the negative reception of Indians within the Anglo-Indian community by which he was largely shaped. The paper concludes by supporting Orwell’s criticism and demonstrating how Kipling reinforced the stereotype of an Indian, thus reflecting the cultural cliché widespread among the xenophobic and conservative Anglo-Indians in the 19th century. (shrink)

I’m to push back on Hill’s (2022) criticism in four ways. First: we need some context for the debate that occurred in the pages of the Social Epistemology Review and Reply Collective that so concerns Hill. Second: getting precise with our terminology (and not working with stereotypes) is the only theoretically fruitful way to approach the problem of conspiracy theories. Third: I address Hill’s claim there is no evidence George W. Bush or Tony Blair accused their critics, during the (...) build-up the invasion of Iraq in 2003ACE, as being “conspiracy theorists.” Fourth (and finally): I will gently suggest that Hill has succumbed to a stereotypical view of work in Philosophy on conspiracy theories. (shrink)

In 2003, the then president of the United States, George W. Bush, started a war against Iraq, under the arguments that Saddam Hussein had possession of several weapons of mass destruction and that he harbored members of Al-Qaeda. The question of the existence of these weapons was questionable, but it led to a war that culminated in Hussein's removal from power and his arrest – later sentenced to death for his conduct in that country. It is interesting to show (...) that the existence – or not – of that arsenal, never seen before, is a question about an ontology. The question about how the intelligence service arrived at this answer is epistemic; defining how a conclusion is reached, like the one we illustrate, or how it is sustained, are epistemological biases. (shrink)

The Notion of ‘civilisation’ in European and post-Enlightenment writings has recently been reassessed. Critics have especially reread the works of Immanuel Kant by highlighting his racial categories. However, this Paper argues that something is missing in this contemporary literature: namely, the role of the European legal culture in the development of a racial and ethnic hierarchy of societies. The clue to this missing element rests in how ‘civilisation’ has been understood. This Paper examines how one of the leading jurists of (...) the 19th and 20th centuries, George W. Hegel (1770-1831), took for granted a sense of a legal culture that excluded indigenous inhabitants of the Americas as legal persons worthy of legal protection. -/- Such an exclusionary legal culture represented a crucial feature of ‘civilisation’ according to Hegel. This Paper identifies a series of factors which Hegel highlighted as instrumental in constituting a civilised society: Bildung, an ethos, a written legal culture, a self-creative author (the state), territorial knowledge, and a hierarchy of societies. Hegel emphasized the need of jurists to analytically “leap” from a traditional society to a legal culture before the jurist could identify a law. The traditional societies of the Americas, according to Hegel, were considered lawless because they lacked a European sense of a legal culture. Why Hegel characterised traditional communities as lacking a legal culture is then explained. The Paper ends by suggesting that the features of a legal culture that Hegel highlights remain with us today. (shrink)

W. V. Quine famously defended two theses that have fallen rather dramatically out of fashion. The first is that intensions are “creatures of darkness” that ultimately have no place in respectable philosophical circles, owing primarily to their lack of rigorous identity conditions. However, although he was thoroughly familiar with Carnap’s foundational studies in what would become known as possible world semantics, it likely wouldn’t yet have been apparent to Quine that he was fighting a losing battle against intensions, due in (...) large measure to developments stemming from Carnap’s studies and culminating in the work of Kripke, Hintikka, and Bayart. These developments undermined Quine’s crusade against intensions on two fronts. First, in the context of possible world semantics, intensions could after all be given rigorous identity conditions by defining them (in the simplest case) as functions from worlds to appropriate extensions, a fact exploited to powerful and influential effect in logic and linguistics by the likes of Kaplan, Montague, Lewis, and Cresswell. Second, the rise of possible world semantics fueled a strong resurgence of metaphysics in contemporary analytic philosophy that saw properties and propositions widely, fruitfully, and unabashedly adopted as ontological primitives in their own right. This resurgence — happily, in my view — continues into the present day. -/- For a time, at any rate, Quine experienced somewhat better success with his second thesis: that higher-order logic is, at worst, confused and, at best, a quirky notational alternative to standard first-order logic. However, Quine notwithstanding, a great deal of recent work in formal metaphysics transpires in a higher-order logical framework in which properties and propositions fall into an infinite hierarchy of types of (at least) every finite order. Initially, the most philosophically compelling reason for embracing such a framework since Russell first proposed his simple theory of types was simply that it provides a relatively natural explanation of the paradoxes. However, since the seminal work of Prior there has been a growing trend to consider higher-order logic to be the most philosophically natural framework for metaphysical inquiry, many of the contributors to this volume being among the most important and influential advocates of this view. Indeed, this is now quite arguably the dominant view among formal metaphysicians. -/- In this paper, and against the current tide, I will argue in §1 that there are still good reasons to think that Quine’s second battle is not yet lost and that the correct framework for logic is first-order and type-free — properties and propositions, logically speaking, are just individuals among others in a single domain of quantification — and that it arises naturally out of our most basic logical and semantical intuitions. The data I will draw upon are not new and are well-known to contemporary higher-order metaphysicians. However, I will try to defend my thesis in what I believe is a novel way by suggesting that these basic intuitions ground a reasonable distinction between “pure” logic and non-logical theory, and that Russell-style semantic paradoxes of truth and exemplification arise only when we move beyond the purely logical and, hence, do not of themselves provide any strong objection to a type-free conception of properties and propositions. -/- Most of my arguments in §1 are largely independent of any specific account of the nature of properties and propositions beyond their type-freedom. However, I will in addition argue that there are good reasons to take propositions, at least, to be very fine-grained. My arguments are thus bolstered significantly if it can be shown that there are in fact well-defined examples of logics that are not only type-free but which comport with such a conception of propositions. It is the purpose of §2 to lay out a logic of this sort in some detail, drawing especially upon work by George Bealer and related work of my own. With the logic in place, it will be possible to generalize the line of argument noted above regarding Russell-style paradoxes and, in §3, apply it to two propositional paradoxes — the Prior-Kaplan paradox and the Russell-Myhill paradox — that are often taken to threaten the sort of account developed here. (shrink)

This is a expository and critical review of Arthur Schlesinger, Jr. 's last book, War and the American Presidency. The book collects and focuses recent writings of Arthur Schlesinger on the themes of its title. In its short Foreword and seven concise essays, the book aims to explore, in some contrast with the genre of “instant history,” the relationship between President George W. Bush’s Iraq adventure and the national past. This aim and the present work are deserving of wide (...) attention, both because of the contemporary need to deal with the extended war in Iraq and because Americans, in particular, need to attend to their own history, if we are to avoid past mistakes and make the best use of our ongoing political traditions and institutions. In order to know better where we might go in the future, we need an adequate picture of where we have been in the past. Schlesinger invites us to debate the war, the Presidency, and their relation to the American past. (shrink)

A discussion of the ethics of stem cell research, and attempts to regulate it.

John Venn has the “uneasy suspicion” that the stagnation in mathematical logic between J. H. Lambert and George Boole was due to Kant’s “disastrous effect on logical method,” namely the “strictest preservation [of logic] from mathematical encroachment.” Kant’s actual position is more nuanced, however. In this chapter, I tease out the nuances by examining his use of Leonhard Euler’s circles and comparing it with Euler’s own use. I do so in light of the developments in logical calculus from G. (...) W. Leibniz to Lambert and Gottfried Ploucquet. While Kant is evidently open to using mathematical tools in logic, his main concern is to clarify what mathematical tools can be used to achieve. For without such clarification, all efforts at introducing mathematical tools into logic would be blind if not complete waste of time. In the end, Kant would stress, the means provided by formal logic at best help us to express and order what we already know in some sense. No matter how much mathematical notations may enhance the precision of this function of formal logic, it does not change the fact that no truths can, strictly speaking, be revealed or established by means of those notations. (shrink)

HISTÓRIA DA SOCIOLOGIA: O DESENVOLVIMENTO DA SOCIOLOGIA I -/- A SOCIOLOGIA NA ALEMANHA -/- -/- HISTORY OF SOCIOLOGY: THE DEVELOPMENT OF SOCIOLOGY I -/- SOCIOLOGY IN GERMANY -/- -/- -/- Emanuel Isaque Cordeiro da Silva – IFPE-BJ, CAP-UFPE e UFRPE. E-mail's: [email protected] e [email protected]. WhatsApp: (82)9.8143-8399. -/- PREMISSA -/- Na Alemanha, a Sociologia foi profundamente influenciada pela discussão filosófica, histórica e metodológica que se desenvolveu entre o final do século XIX e o início do século XX. Em seus fundamentos encontra-se (...) o pensamento de vários filósofos, como Johann Gottlieb Fichte (1762 -1814), Friedrich Wilhelm Joseph von Schelling (1775 -1854), Friedrich Daniel Ernst Schleiermacher (1768 -1834), Georg Wilhelm Friedrich Hegel (1770 -1831) e Friedrich W. Nietzsche (1844-1900). -/- O representante mais expressivo da Sociologia alemã é Max Weber (1864-1920). Outros pensadores, entretanto, contribuíram significativamente para a formação e o desenvolvimento da Sociologia na Alemanha, entre os quais Ferdinand Tönnies (1855 -1936), Werner Sombart (1863-1941), Georg Simmel (1858-1918) e os estudiosos que a partir da década de 1920 constituíram a chamada Escola de Frankfurt. -/- A obra desses autores liga-se fortemente ao processo de unificação alemã, promovido somente após o triunfo de Otto von Bismarck na Guerra Franco-Prussiana (1871), e à aceleração da industrialização alemã. Esses dois fatores conferiram à Alemanha uma situação muito diferente da de outros países europeus. -/- A alteração nas estruturas de poder, na Alemanha, não ocorreu por meio de uma revolução, como na França, mas por um acordo entre a bur-guesia industrial e os grandes proprietários de terra, tendo em vista uma transição mais adequada aos seus interesses. -/- Vale salientar, em nota, que após a Guerra Franco-Prussiana (1870-71), os príncipes alemães se reuniram no palácio de Versalhes (França), onde aclamaram Guilherme I, da Prússia, como o imperador alemão. Assim surgia o Império da Alemanha, em 1871. -/- A burguesia industrial não estava preocupada em alterar de modo significativo a estrutura fundiária, e os grandes proprietários, que se encastelaram na burocracia estatal, não permitiram a formulação de uma legislação trabalhista que prejudicasse os interesses da burguesia. Assim se fez uma mudança “por cima”, sem levar em conta os interesses dos trabalhadores urbanos ou rurais. Destacam-se aqui dois importantes soció-logos alemães: Georg Simmel e Max Weber, pela presença no Brasil. Depois, brevemente, falar-se-á aqui da famosa Escola de Frankfurt. -/- 1. Georg Simmel (1858-1918) -/- Nascido em Berlim, Georg Simmel é um pensador difícil de enquadrar em alguma tendência ou campo específico do conhecimento. Vamos ler um trecho do que escreveu sobre ele o sociólogo brasileiro Leopoldo Waizbort: -/- Quem tentar esboçar a fisionomia de Georg Simmel (1858-1918), logo se encontra em meio a dificuldades que são características próprias daquilo que se quer apreender. Simmel sempre postulou para seu próprio pensamento uma mobilidade e uma plasticidade para se adaptar ao seu objeto – uma multiplicidade de direções, uma defesa do fragmento –, que se opõem a toda tentativa de fixação e acabamento, a toda pretensão de sistema. Por isso todos os rótulos que lhe são atribuídos, apesar de possuírem seu teor de verdade, sempre soam tão falsos: vitalismo, relativismo, esteticismo, formalismo, irracionalismo, psicologismo, impressionismo e tantos mais. Disto também é exemplo o fato de Simmel, hoje considerado, ao lado de Max Weber e Ferdinand Tönnies, um dos “pais” da sociologia alemã, não poder ser classificado sem mais como “sociólogo”, sob pena de se perderem várias outras dimensões que são essenciais ao seu pensamento (WAIZBORT, 2000. p. 11). -/- G. Simmel foi o último dos sete filhos de um próspero comerciante judeu convertido ao cristianismo. Com a morte do pai, herdou uma fortuna considerável que lhe permitiu independência para desenvolver a vida acadêmica. Estudou História e Filosofia na Universidade de Berlim, onde foi aluno das mais importantes figuras acadêmicas da época. Em 1881, defendeu uma tese sobre Immanuel Kant e recebeu o título de doutor em Filosofia. Entre 1885 e 1914, lecionou Filosofia, Ética e Sociologia na Universidade de Berlim, mas nunca foi incorporado formalmente à universidade. -/- Ocupou o cargo de professor titular de Filosofia somente em 1914, em Estrasburgo, cidade onde permaneceu até a morte, em 1918. -/- Na virada do século XIX para o século XX na Alemanha, houve uma intensa efervescência filosófica, cultural e artística, cenário em que se desenvolveram a psicanálise, a teoria da relatividade, o positivismo lógico e a música atonal. Nesse cenário, Simmel tornou-se um conferencista muito aclamado e escreveu artigos e ensaios sobre os mais variados temas da Filosofia, como lógica, teoria do conhecimento, ética, estética ou metafísica, além de temas da Psicologia, da Sociologia, da História e da religião. -/- Escreveu também muitas biografias (de Johann Wolfgang von Goethe, de Friedrich Nietzsche, de Immanuel Kant e de Rembrandt, entre outros). -/- Suas obras sociológicas mais importantes são: Da diferenciação social (1890), A filosofia do dinheiro (1907), Sociologia (1908) e Questões fundamentais da Sociologia (1917). Georg Simmel teve influência marcante no desenvolvimento da Sociologia na Alemanha, nos Estados Unidos (em especial na Escola de Chicago) e na França (em Durkheim e seus colaboradores diretos). Suas obras foram traduzidas para o francês e o inglês, muitas vezes antes de ser publicadas em alemão. -/- 2. Max Weber (1864-1920) -/- Max Weber nasceu em 21 de abril de 1864, em Erfurt, e morreu em Munique, em 1920. De família abastada, teve uma educação formal de boa qualidade, o que lhe permitiu uma erudição notável. Com 18 anos, ingressou na Universidade de Heidelberg, onde escolheu como área de concentração o Direito e como correlatas a História, a Filosofia e a Economia. Nessa universidade, teve o primeiro contato com os escritos de Immanuel Kant e com neokantianos, os quais nunca deixou de lado em seus estudos. -/- Em 1889, concluiu o doutorado em Direito Comercial com uma tese sobre a história das sociedades comerciais da Idade Média. Em 1891, defendeu outra tese: A importância da história agrária romana para o direito público e privado. Em 1894, tornou-se professor de Economia na Universidade de Freiburg e, dois anos depois, transferiu-se para a Universidade de Heidelberg. -/- A partir de 1897, acometido de uma depressão profunda, não conseguiu desenvolver as atividades acadêmicas. Entre 1902 e 1903, retomou as atividades intelectuais, mas fora da universidade, pois não tinha condições psicológicas para ministrar aulas. No ano seguinte, tornou-se coeditor do Arquivo de Ciências Sociais, publicação muito importante para o desenvolvimento dos estudos sociológicos na Alemanha. -/- Entre agosto e dezembro de 1904, viajou, com Ferdinand Tönnies e Werner Sombart, aos Estados Unidos, por ocasião da Exposição Universal de Saint-Louis, onde entrou em contato com as igrejas e seitas protestantes daquele país e também com vários escritos de Benjamin Franklin (1706-1790), o que foi fundamental para suas pesquisas sobre a relação entre a ética protestante e o capitalismo. -/- Em 1907, recebeu uma herança significativa. A partir de então, dedicou-se exclusivamente à investigação histórica e sociológica. Em 1909, colaborou na fundação da Sociedade Alemã de Sociologia. Ao ser deflagrada a Primeira Guerra Mundial, em 1914, Weber foi convocado como oficial da reserva para dirigir um hospital militar. Entre as atividades no hospital encontrou tempo para continuar a escrever partes do livro que foi publicado postumamente por sua esposa, com o título Economia e sociedade. Além disso, desenvolveu estudos sobre ética econômica e as religiões universais e escreveu uma série de artigos para os grandes jornais da Alemanha. Nesses artigos, criticou a estrutura partidária do país e a burocratização das esferas políticas na Alemanha, afirmando que aquela situação ainda era a herança de Otto von Bismarck. -/- Em 1917, pronunciou uma conferência – A ciência como vocação – e produziu um escrito, no qual explicitou seu método – Ensaio sobre neutralidade axiológica nas ciências sociológicas e econômicas. -/- Pelas ideias expostas em debates e nos jornais e por sua erudição, Max Weber, após a derrota alemã na Primeira Guerra Mundial, fez parte da comissão que redigiu, em 1919, a nova constituição política alemã, conhecida como a Constituição de Weimar. -/- Pode-se afirmar que a vida de Max Weber foi dedicada aos estudos, à pesquisa e à participação ativa na política alemã de seu tempo, por meio de conferências e artigos para jornais e revistas. -/- Weber não media esforços para analisar e com-preender mais profundamente os temas que elegia. Aprendeu grego e hebraico para ler a Bíblia no original, espanhol para ler os documentos sobre as companhias de navegação e comércio espanhol, russo para ler os jornais sobre os acontecimentos na Rússia de 1905 até a revolução de 1917, inglês para ler os textos estadunidenses sobre a vida religiosa e a ética dos protestantes. -/- Para Max Weber, o indivíduo é o núcleo de análise por ser o único que pode definir intenções e finalidades para seus atos. Desse modo, o ponto de partida da Sociologia é a compreensão da ação dos indivíduos, atuando e vivenciando situações sociais com determinadas motivações e intenções. Instituições como Estado e família só ganham sentido quando vistas da perspectiva das relações sociais. Assim, Max Weber não concebe a sociedade como um bloco, uma estrutura una, mas como uma teia de relações capazes de produzir sentido. -/- A obra de Max Weber é vasta e engloba história, direito e economia, passando pelas questões religiosas, pelos processos burocráticos, pela análise da cidade, da música e, enfim, pela discussão metodológica das ciências humanas e dos conceitos sociológicos. -/- Entre os seus escritos, podemos destacar: A ética protestante e o “espírito” do capitalismo (1904-1905/1920), A ciência como vocação (1917), A política como vocação (1919), Economia e sociedade (1920), História geral da economia (1923) e Ensaios reunidos de sociologia da religião (1917/1920). -/- Outros sociólogos alemães mantiveram-se em atividade após a Primeira Guerra Mundial, como Ferdinand Tönnies, Leopold von Wiese (1876 -1969), Hans Freyer (1887-1969) e Franz Oppenheimer (1864 -1943), que fundou, em 1919, a primeira cátedra de Sociologia na Alemanha, em Frankfurt. -/- 3. A Escola de Frankfurt -/- Logo após a morte de Max Weber, abriu-se um novo horizonte para a Sociologia alemã com a fundação do Instituto de Pesquisa Social, vinculado à Universidade Johann Wolfgang Goethe de Frankfurt, que ficou conhecido como Escola de Frankfurt. Em 1923, um grupo de intelectuais – entre eles Friedrich Pollok (1894-1970), Leo Löwenthal (1900-1993), Karl August Wittfogel (1896-1988), Max Horkheimer (1895-1973) e Theodor Adorno (1903-1969) – desenvolveu uma análise da sociedade contemporânea com base em concepções filosóficas de Immanuel Kant, Friedrich Hegel e Friedrich Nietzsche, em visões sociológicas de Karl Marx e de Max Weber e no pensamento de Sigmund Freud. -/- Os integrantes do grupo de Frankfurt pretendiam desenvolver uma teoria crítica da sociedade capitalista e buscavam explicar fenômenos que iam da análise da personalidade autoritária à indústria cultural. Mantiveram a crítica ao positivismo e ao pragmatismo, procurando demonstrar a necessida-de de refletir sobre as condições que permitiram a emergência do nazismo e sobre o significado dessa ideologia. As reflexões desses intelectuais culminaram com uma crítica à razão instrumental e às formas de controle sobre a sociedade contemporânea. -/- Além dos estudiosos citados, são representantes desse pensamento Walter Benjamin (1892-1940), Erich Fromm (1900-1980) e Herbert Marcuse (1898-1979), entre outros. Todos os integrantes da Escola de Frankfurt precisaram sair da Alema-nha por causa da perseguição nazista. Adorno e Horkheimer voltaram ao país depois do fim da Segunda Guerra Mundial. Deram continuidade à Escola de Frankfurt, entre outros, Jürgen Habermas (1929-), da segunda geração, e Axel Honneth (1949-), da terceira e atual geração. -/- REFERENCIAL TEÓRICO -/- CUIN, C. H.; GRESLE, F. História da Sociologia. Trad. Roberto Leal Ferreira. São Paulo: Ensaio, 1994. -/- CULTURAL, A. Max Weber. Textos selecionados. 2ª ed. São Paulo: Abril Cultural, 1980. (Col. Os Pensadores). -/- NOVA, S. V. Introdução à Sociologia. 6ª ed. São Paulo: Atlas, 2004. -/- SILVA, A. et al. Sociologia em movimento. 2ª ed. São Paulo: Ática, 2016. -/- VANDENBERGHE, F. As sociologias de Georg Simmel. 1ª ed. Petrópolis: Vozes, 2018. -/- WAIZBORT, L. As aventuras de Georg Simmel. São Paulo: USP, Curso de Pós-Graduação em Sociologia/Editora 34, 2000. -/- SBS - Sociedade Brasileira de Sociologia PUCRS - PPG em Ciências Sociais Avenida Ipiranga, 6681 - Partenon CEP: 90619-900 - Porto Alegre, RS [email protected] Emanuel Isaque © 2019. (shrink)

This PhD dissertation examines the conceptual and theoretical foundations of the most general and most widely used framework for understanding social evolution, W. D. Hamilton's theory of kin selection. While the core idea is intuitive enough (when organisms share genes, they sometimes have an evolutionary incentive to help one another), its apparent simplicity masks a host of conceptual subtleties, and the theory has proved a perennial source of controversy in evolutionary biology. To move towards a resolution of these controversies, we (...) need a careful and rigorous analysis of the philosophical foundations of the theory. My aim in this work is to provide such an analysis. I begin with an examination of the concepts behavioural ecologists employ to describe and classify types of social behaviour. I stress the need to distinguish concepts that are often conflated: for example, we need to distinguish simple cooperation from collaboration in collective tasks, behaviours from strategies, and control from manipulation and coercion. I proceed from here to the formal representation of kin selection via George R. Price’s covariance selection mathematics. I address a number of interpretative issues the Price formalism raises, including the vexed question of whether kin selection theory is ‘formally equivalent’ to multi-level selection theory. In the second half of the dissertation, I assess the uses and limits of Hamilton’s rule for the evolution of social behaviour; I provide a precise statement of the conditions under which the rival neighbour-modulated fitness and inclusive fitness approaches in contemporary kin selection theory are equivalent (and describe cases in which they are not); and I criticize recent formal attempts to establish the controversial claim that kin selection leads to organisms behaving as if maximizing their inclusive fitness. (shrink)

Broadly speaking, “empiricism” is a label that usually denotes an epistemological view that emphasizes the role that experience plays in forming concepts and acquiring and justifying knowledge. In contemporary philosophy, there are some authors who call themselves as empiricists, although there are differences in the way they define what experience consists in, how it is related to theory, and the role experience plays in discovering and justifying knowledge, etc. (e.g., Ayer 1936; Van Fraassen 2002). In contrast, in the early modern (...) period, empiricism was not a label that philosophers traditionally characterized until nowadays as empiricists (most famously, John Locke, George Berkeley, and David Hume) used to describe their doctrines. Indeed, as attributed to early modern philosophical authors, empiricism is not an actor’s category, but an analytic historiographical category retrospectively applied to them and confronted to rationalism, whose main representatives were considered to be Rene Descartes, Baruch Spinoza, and G.W. Leibniz. Such a narrative began to be established by the late nineteenthcentury and described early modern empiricism as an epistemological stance maintaining (1) that the origin of all mental contents lies in experience (a genetic statement), and (2) that knowledge can only be justified a posteriori (an epistemic statement). This entails that empiricists deny the existence of innate mental contents and the possibility of a purely a priori knowledge. In the history of early modern science such a dichotomy has been usually rendered in terms of the opposition between continental rationalist Cartesian science vs British empiricist Newtonian science. In the last four decades, many aspects of this traditional narrative have been criticized, and the meaning of early modern empiricism is subject of renewed studies. (shrink)

Die anhaltende Popularität von juristisch geprägter Literatur zeigt, dass das Ringen um die Gerechtigkeit im Recht ein brisantes Thema ist, das gesellschaftliche Aufmerksamkeit auf sich zieht, provoziert und immer wieder neu zum Nachdenken herausfordert. Zeitgenössisch sind es Autor*innen wie Juli Zeh, Bernhard Schlink, Georg Oswald oder Ferdinand von Schirach (sogenannte Dichterjurist*innen 1 ), die die Frage nach Recht und Gerechtigkeit literarisch verbinden und deren Problemkontexte beleuchten. Juli Zeh lässt ihrem Roman Spieltrieb die Erzählerinstanz sprechen: „Das Recht ist kein Kreißsaal für (...) die Gerechtigkeit […]“ (2013, 518). Auch Ferdinand von Schirach bemüht sich herauszustellen, dass für ihn Recht nicht gleich Gerechtigkeit bedeutet. Als Strafverteidiger sagt er über die Justiz: „[W]ir sprechen […] nicht Gerechtigkeit, sondern Recht“ (Heise 2009).3 In seinen Bestsellern (angefangen von z. B. Der Fall Collini über Terror bis zu seinem neusten Stück Gott) provoziert er das Gerechtigkeitsempfinden seiner Leser*innen und lässt sie am Ende gerne selbst das Urteil fällen. In Terror (2016) soll das Publikum als Jury selbst entscheiden, ob der Kampfpilot das entführte Passagierflugzeug, das auf ein voll besetztes Fußballstadion zugesteuert ist, hätte abschießen dürfen. Hier geraten u. a. die Gewissensentscheidung des Piloten und die Rechtsgrundlage in einen Konflikt. Nicht selten macht er den Leser*innen das Recht schwer erträglich, wenn er z. B. wie im Erzählband Schuld (2017) auf brutale Weise beschreibt, wie eine minderjährige Kellnerin auf einem Volksfest von einer Gruppe von Männern vergewaltigt wird, aber aus Beweismangel letztendlich keiner dieser Männer schuldig gesprochen werden kann. In der Literatur werden vielfältige Zugänge zum Verhältnis von Recht und Gerechtigkeit eröffnet – wie kann sich die christliche Sozialethik positionieren? (shrink)