Many academic works as well as many works of art are such that if they had never been produced, no one would be worse off. Yet it is hard to resist the judgment that some such works are good nonetheless. We are rightly grateful that these works were created; we rightly admire them, appreciate them, and take pains to preserve them. And the authors and artists who produced them have reason to be proud. This should lead us to question (...) the view that in order for a thing to be good, in a sense which implies that the thing merits our attention and positive concern, it needs to be good for someone or something whose welfare is enhanced by it. (shrink)

What reasons do we have to use certain concepts and conceptions rather than others? Approaching that question in a methodologically humanistic rather than Platonic spirit, one might seek “reasons for concept use” in how well concepts serve the contingent human concerns of those who live by them. But appealing to the instrumentality of concepts in meeting our concerns invites the worry that this yields the wrong kind of reasons, especially if the relevant concerns are nonmoral ones. Drawing on Susan Wolf’s (...) work on the moral/nonmoral distinction and the neglected role of reasons of love, I argue that this worry is misplaced, and in fact overlooks some of our most important reasons to prefer certain concepts over others. Yet a lingering worry remains, namely that the value of concepts does not just lie in what they are good for. Drawing on another strand in Wolf’s work, I explore the question whether concepts can be valuable good-for-nothings, and show how this ultimately also underscores the importance of reasons of love as reasons for concept use. (shrink)

According to welfarism about value, something is good simpliciter just in case it is good for some being or beings. In her recent Presidential Address to the American Philosophical Association, “Good-For-Nothings”, Susan Wolf argues against welfarism by appeal to great works of art, literature, music, and philosophy. Wolf provides three main arguments against this view, which I call The Superfluity Argument, The Explanation of Benefit Argument, and The Welfarist’s Mistake. In this paper, I reconstruct these arguments (...) and explain where, in my view, each goes wrong. (shrink)

As its title indicates, Philip Pettit’s “Three Mistakes about Doing Good (and Bad)” identifies and rejects three common claims restricting what can count as a good (or bad ) effect of action. The key question here is how do we work out how much good you have brought about by your action? The first common claim is that only causal effects or consequences of action can count as goods that are brought about by an action. The second, (...) that we can only count behavioural effects of action. The third, that we can only count consequences of “an all-or-nothing or on-off or discrete kind”. Pettit argues that all three of these claims are mistaken: the first claim is mistaken because our actions can bring about goods that are constitutive consequences of those actions; the second claim is mistaken because the good consequences of an action can depend upon the agent having acted out of certain dispositions; the third claim is mistaken because the good consequences of an action can include the extra effects of pursuing more basic good consequences (such as benefits to others) in a more deliberate or reliable manner. (shrink)

I propose an account of desire that reconciles two apparently conflicting intuitions about practical agency. I do so by exploring a certain intuitive datum. The intuitive datum is that often when an agent desires P she will seem to immediately and conclusively know that there is a reason to bring P about. Desire-based theories of reasons seem uniquely placed to explain this intuitive datum. On this view, desires are the source of an agent’s practical reasons. A desire for P grounds (...) conclusive knowledge of a reason to bring P about because that desire makes it true that there is a reason to do so. However, this implies that a basic desire for P can never be in error about there being at least some reason to bring P about. We have the conflicting intuition that basic desires sometimes rationally count for nothing. The guise of the good explains this intuition about the fallibility of desires. On this view, a desire for P represents P as good in some respect. Desires and reasons are independent, so a desire might misrepresent one’s reasons. But this independence is usually taken to rule out that desires ever provide conclusive knowledge of reasons. Capturing the intuition about conclusive knowledge rules out capturing the intuition about fallibility, and vice versa. I propose an epistemological disjunctivist version of the guise of the good that reconciles fallibility with the possibility of conclusive knowledge. (shrink)

"Nothing Better Than Death" is a comprehensive analysis of the near-death experiences profiled on my website at www.near-death.com. This book provides complete NDE testimonials, summaries of various NDEs, NDE research conclusions, a question and answer section, an analysis of NDEs and Christian doctrines, famous quotations about life and death, a NDE bibliography, book notes, a list of NDE resources on the Internet, and a list of NDE support groups associated with IANDS.org - the International Association for Near-Death Studies. -/- The (...) unusual title of this book, "Nothing Better Than Death," was inspired by NDE experiencer Dr. Dianne Morrissey who once said, "If I lived a billion years more, in my body or yours, there's not a single experience on Earth that could ever be as good as being dead. Nothing." -/- Having read every NDE book I could get my hands on, I didn't want to create just another NDE book. My motivation was to give readers a large variety of information about NDEs challenging both the seasoned NDE enthusiast as well as the novice. This book gives readers the means to understand the NDE phenomenon from the perspective of a large number of some of the most profound NDEs ever documented. My hope is that you will enjoy this book, my labor of love, and that you will be truly blessed by the heavenly insights within it. (shrink)

Picking up on Marx’s and Hegel’s analyses of human beings as social and individual, the article shows that what is at stake is not merely the possibility of individuality, but also the correct conception of the universal good. Both Marx and Hegel suppose that individuals must be social or political as individuals, which means, at least in Hegel’s case, that particular interests must form part of the universal good. The good and the rational is not something that (...) requires sacrificing one’s interests for the community or denying one’s particular character so as to become an equal rational agent. Very much to the contrary, the rational or the common good is nothing but the harmonious structuring of particular interests. While Section I introduces Marx’s and Hegel’s conceptions of individual and social beings, Sections II and III discuss their respective views of individuality, and Sections IV and V discuss the notion of a universal good containing individual interests. (shrink)

Internationally, there is considerable inconsistency in the recognition and regulation of children's genetic connections outside the family. In the context of gamete and embryo donation, challenges for regulation seem endless. In this paper, I review some of the paths that have been taken to manage children' being closely genetically related to people outside their families. I do so against the background of recognising the importance of children's interests as moral status holders. I look at recent qualitative research involving donor-conceived people (...) and borrow their own words to make sense of a purported interest to know (of) their close genetic ties. I also review ways in which gamete donation may have facilitated new kinds of kinship, which are at the same time genetic and chosen. In short, in this paper, I explore what meaning there could be in genetic connections that is not about parenthood. Further, I argue that the focus on parenthood in previous work in this area may be detrimental to appreciating some of the goods that can be derived from close genetic connections. (shrink)

"Nothing Better Than Death" is a comprehensive analysis of the near-death experiences profiled on the www.near-death.com website. This book provides complete NDE testimonials, summaries of various NDEs, NDE research conclusions, a Question and Answer section, an analysis of NDEs and Christian doctrines, famous quotations about life and death, a NDE bibliography, book notes, a list of NDE resources on the Internet, and a list of NDE support groups associated with IANDS.org - the International Association for Near-Death Studies. The unusual title (...) of this book, "Nothing Better Than Death," was inspired by NDE experiencer Dr. Dianne Morrissey who once said, "If I lived a billion years more, in my body or yours, there's not a single experience on Earth that could ever be as good as being dead. Nothing.". (shrink)

Most properties have comparatives, which are relations. For instance, the property of width has the comparative relation denoted by `_ is wider than _'. Let us say a property is reducible to its comparative if any statement that refers to the property has the same meaning as another statement that refers to the comparative instead. Width is not reducible to its comparative. To be sure, many statements that refer to width are reducible: for instance, `The Mississippi is wide' means the (...) same as `The Mississippi is wider than most rivers'. But some statements that refer to width are not reducible: for instance, `Electrons have zero width' is not. A property is not reducible to its comparative if it has absolute degrees, and specifically an absolute zero. A property's comparative relation places things in an order from those that have the property least to those that have it most. If there is an absolute zero point somewhere in this ordering, the property is not reducible to its comparative. For width, there is an absolute zero at one end of the ordering, so width is not reducible. The property of goodness is reducible to its comparative, betterness. In particular, there is no absolute zero of goodness. Things are ordered by betterness – some things are better than others – but nothing is absolutely good or absolutely bad. This is an exaggeration. In certain applications, goodness does have absolute degrees of a sort, and an absolute zero. For instance, it makes sense to say an event is good, and another event bad. These are absolute degrees of a sort, but they are themselves reducible to betterness. To say an event is good simply means the event is better than what would otherwise have happened. The goodness of lives has a different sort of absolute zero. Lives are ordered by betterness; some lives are better than others. We can make sense of the question `Where in this ordering is the division between lives that are good and those that are bad?' The division between good and bad lives is again reducible to betterness. To say a person's life is good means it is better that the person should continue living, rather than that she should die. Or it may mean it is better that her life should be lived rather than that it should never have been lived at all. As it is often put: a good life is a life worth living. Derek Parfit appears to attach a different sense to the idea of a good life. He appears to mean a life that contains a preponderance of good things (such as pleasure) over bad things (such as pain). If a life contains no good things and no bad things, it has zero goodness in this sense. In this sense, absolute goodness and the absolute zero of goodness are not reducible to betterness. However, this is a naturalistic sense of goodness, and it is subject to the open-question objection. If a life contains no good things and no bad things, it is an open question whether it has zero goodness. It might, for instance, be a bad thing that this life should be lived. In discussing the evil of death, some philosophers seem to have been searching for an absolute goodness that is not reducible to betterness. Thomas Nagel speaks of an asymmetry between what is good about life and what is bad about death. But if a person's life is good, that only means it would be better that she should continue living than that she should die. And if a person's death would be bad, that only means it would be worse that she should die than that she should continue living. So there can be no asymmetry. (shrink)

Geach and Thomson have argued that nothing is just plain good, because ‘good’ is, logically, an attributive adjective. The upshot, according to Geach and Thomson, is that consequentialism is unacceptable, since its very formulation requires a predicative use of ‘good’. Reactions to the argument have, for the most part, been uniform. Authors have converged on two challenging objections . First, although the logical tests that Geach and Thomson invoke clearly illustrate that ‘good’, as commonly used, is (...) an attributive, they don’t show that ‘good’ lacks an intelligible predicative interpretation. Second, even if the English word ‘good’ fails to express the property of goodness, we can just stipulate that ‘good*’ expresses goodness and thus formulate consequentialism accordingly. The second objection is one way of voicing skepticism about the method of drawing substantive philosophical conclusions from considerations about ordinary language. In this essay, we present an argument, inspired by Geach and Thomson, which isn’t susceptible to the same objections but which supports the same conclusion. The significance of our argument for ethics is obvious; it challenges the intelligibility of standard consequentialism, and even certain forms of non-consequentialism. One might be inclined to think that a more sophisticated consequentialism, which relies on ‘good {possible world/state of affairs/outcome}’ instead of just ‘good’, evades the criticism. But we explain why the criticism can’t be so easily evaded. (shrink)

Kant begins the First Section of the Groundwork with a statement that is one of the most memorable in all his writings: “There is nothing it is possible to think of anywhere in the world, or indeed anything at all outside it, that can be held to be good without limitation, excepting only a good will” (Ak 4:393).[i] Due to the textual prominence of this claim, readers of the Groundwork have usually proceeded to read that work, and Kant’s (...) other ethical works as well, on the assumption that the truth of that assertion, and therefore the conception of the good will, both occupy a fundamental place in Kantian ethics. The assumption, however, becomes increasingly hard to sustain as we gain more familiarity with Kant’s ethical writings and better understanding of his ethical theory.[ii] As for the concept of the good will, Kant does avow the intention of “developing” it (Ak 4:397), and he goes on to thematize concepts that he thinks of as related to the good will (the moral worth of an action, acting from duty). But he never provides an explicit account of what he takes a ‘good will’ to be.[iii]. (shrink)

The agent portrayed in much philosophy of action is, let's face it, a square. He does nothing intentionally unless he regards it or its consequences as desirable. The reason is that he acts intentionally only when he acts out of a desire for some anticipated outcome; and in desiring that outcome, he must regard it as having some value. All of his intentional actions are therefore directed at outcomes regarded sub specie boni: under the guise of the good. This (...) agent is conceived as being capable of intentional action—and hence as being an agent—only by virtue of being a pursuer of value. I want to question whether this conception of agency can be correct. Surely, so general a capacity as agency cannot entail so narrow a cast of mind. Our moral psychology has characterized, not the generic agent, but a particular species of agent, and a particularly bland species of agent, at that. It has characterized the earnest agent while ignoring those agents who are disaffected, refractory, silly, satanic, or punk. I hope for a moral psychology that has room for the whole motley crew. I shall begin by examining why some philosophers have thought that the attitudes motivating intentional actions involve judgments of value. I shall then argue that their conception of these attitudes is incorrect. Finally, I shall argue that practical reason should not be conceived as a faculty for pursuing value. (shrink)

In discussions about the ethics of enhancement, it is often claimed that the concept of ‘human nature’ has no helpful role to play. There are two ideas behind this thought. The first is that nature, human nature included, is a mixed bag. Some parts of our nature are good for us and some are bad for us. The ‘mixed bag’ idea leads naturally to the second idea, namely that the fact that something is part of our nature is, by (...) itself, normatively inert. The Inert View claims that nothing normative follows from the mere fact that some trait is a part of our nature. If the Inert View is correct, then appeals to the value or importance of human nature in debates about enhancement are indeed misplaced. We argue that the Inert View is wrong, and that a certain concept of human nature – which we refer to as human form – does have an important role to play in debates about enhancement. (shrink)

Peter van Inwagen has given an answer to the question ‘Why is there something rather than nothing?’. His answer is: Because there being nothing is as improbable as anything can be: it has probability 0. Here I shall examine his argument for this answer and I shall argue that it does not work because no good reasons have been given for two of the argument’s premises and that the conclusion of the argument does not constitute an answer to the (...) question van Inwagen wanted to answer. (shrink)

Recently, the concept of "gender identity" has enjoyed a great deal of attention in gender metaphysics. This seems to be motivated by the goal of creating trans-inclusive theory, by explaining trans people's genders. In this paper, we aim to unmotivate this project. Notions of "gender identity" serve important pragmatic purposes for trans people, such as satisfying the curiosity of non-trans people, and, relatedly, securing our access to important goods like legal rights and medical care. However, we argue that this does (...) not mean that "gender identity" is a metaphysically substantial thing that deserves extensive theoretical attention. There are reasons to be skeptical of such a concept. We trace the history of "gender identity," primarily to identify its roots in trans-antagonistic medical theory and its connections to the problematic "wrong-body" model--a legacy that has pathologized and flattened trans experience. Moreover, we argue that trans people primarily use "gender identity" to explain ourselves to non-trans people, rather than to discuss ourselves among ourselves. Thus, we urge theorists to resist the urge to substantiate gender identity. Instead, we encourage the development of new and better concepts, ones that attend to the lived realities of trans community and the flourishing gender terms and practices that are constructed there. If these lived realities are taken seriously, there is no need to “explain” trans people’s genders; we can simply see them as they are. (shrink)

What explains why we are subjects for whom objects can have value, and what explains which objects have value for us? Axiologicians say that the value of humanity is the answer. I argue that our value, no matter what it is like, cannot perform this task. We are animals among others. An explanation of the value of objects for us must fit into an explanation of the value of objects for animals generally. Different objects have value for different animals. Those (...) differences depend on differences in animal natures and, in particular, on the diverse characteristic capacities of different animals. Once we invoke animal natures, there is nothing for the value of animality, including the value of humanity, to explain. (shrink)

The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such experience, (3) the (...) related need for workability to apply to the “the collectivity of experience’s demands, nothing being omitted,” (4) the inherent role of morality and other norms in measuring such workability, (5) the semantic as well as experiential nature of our workable realities, (6) the semantic freedoms involved in constructing, framing, and retaining our workable realities and concepts, and (7) the semantic, pre-semantic, and other restraints on constructing, framing, and retaining our workable realities and concepts. -/- Such hermeneutic pragmatism also introduces Eunomia, a real-world alternative to Dworkin’s superhuman judge Hercules. Named after the Greek goddess of good order, the human Eunomia represents the reasonable judge excellently versed in (among other things) legal theory, legal practice, linguistics, and philosophy of language. Additionally, in its appendices, this article surveys the pragmatic restraints of “implementives” and provides a detailed overview of pragmatic “workability” restraints for both law and fact. -/- (By “sense” the title of this article means not only “meaning conveyed or intended” but also “capacity for effective application of the powers of the mind as a basis for action or response.” See Sense, MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY (11th ed. 2014) “Workable” has the broad meaning discussed in Sections II, IV, and Appendix C of the Article, and "good" is further explored in the section on Eunomia, namesake of the Greek goddess of good order.) -/- Keywords: Pragmatism, Hermeneutic, Truth, Rule of Law, William James, C.S. Peirce, Hilary Putnam, Richard Rorty, Gadamer, Habermas, Derrida, Lon Fuller, H.L.A. Hart, Post-truth, Postmodernism, Trump, Rhetoric, Meaning, Interpretation, Metaphor, Category, Lifeworld, Formalism, Framing, Deconstruction. (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)

Trope theory is the view that the world consists (wholly or partly) of particular qualities, or tropes. This admittedly thin core assumption leaves plenty of room for variation. Still, most trope theorists agree that their theory is best developed as a one-category theory according to which there is nothing but tropes. Most hold that ‘sameness of property’ should be explained in terms of resembling tropes. And most hold that concrete particulars are made up from tropes in compresence (for an overview, (...) including an introduction to some alternative versions of the view, cf. Maurin, 2014). D. M. Armstrong disagrees. He thinks the world is a world of immanent universals, the thin particulars in which those universals are instantiated, and the states of affairs that—thereby—exist. He holds that ‘sameness of property’ should be explained in terms of numerically identical universals or—if the resembling things are the universals themselves—in terms of partially identical universals. And he believes that concrete particulars are made up from ‘thin particulars’ in which a (sufficient) number of universals are instantiated. In spite of their disagreements, proponents of tropes owe Armstrong a debt of gratitude. First, for being one of the theory’s earliest, most serious, and—not least—most prominent, critics (Armstrong for the first time considers, and rejects, what he then labels ‘particularism’, in his 1978a). But also for being one of the theory’s most ardent champions. Already in his 1989a, Armstrong regrets his 1978-rejection of the view. Equivalence classes of exactly resembling tropes, he now admits, for most purposes “serve as an excellent substitute for universals” (Armstrong 1989a, 122). But then why isn’t Armstrong a trope theorist? In this paper, Armstrong’s main reasons for rejecting the trope view are critically scrutinized. All of them, it is maintained, fail to convince. If this argument is accepted, Armstrong seems to have no—or, at least, no good—reason for not accepting the existence of tropes. But, then, ought Armstrong to have been a trope theorist? If the ‘best’ version of the trope view turns out to be ontologically more parsimonious than Armstrong’s own theory of universals, then, yes. That there is a version of the trope view, a version that is not (or, at least not seriously) considered by Armstrong, that is ontologically more parsimonious than the universals view, is argued in the next section. Why none of Armstrong’s reasons for preferring universals to tropes manage to convince, is explained in the section after that. First, however, and in order to avoid a common misunderstanding of the trope view and, as a consequence, of why one ought to reject it, a few more words about the core-difference between tropes and universals, and about how this difference matters (as well as does not matter) to what—and how well—these theories explain. (shrink)

Kahneman's 'Asian disease' has nothing to do with Asians or their diseases; it is disrespectful of the basic principles of psychology. The attendant research--fooling people--is not science. Here I show how to build a science of the mind.

When a mother deliberately harms her child, it is tempting to assume that she must be either insane or lacking the "natural" love of a mother for her children. We want to believe that such mothers have almost nothing in common with "good" mothers. Drawing extensively on empirical research, Sarah LaChance Adams' Mad Mothers, Bad Mothers, and What A "Good" Mother Would Do shows that maternal ambivalence, simultaneous desires to nurture and violently reject one's children, is both common (...) and reasonable, the result of genuine conflicts between mothers' interests and those of their children. Both appropriate support and deliberative agency are necessary to avoid maternal ambivalence... (shrink)

For the German philosopher Martin Heidegger man in the contemporary age is living an inauthentic life. This inauthenticity he accounts for man’s misrelating to the world, that is, of things and other men. He sees this misrelating as a threat to man’s existence, that, if not given immediate attention leading towards a resolution, man is to perish together with his history. This inauthenticity that he speaks of is grounded in a forgetting, that is, the forgetting of being. But what is (...) being? In its basic linguistic formulation it is understood as that which is, has existence and not nothing. Man is a being and so are things, and in this fundamental structure he can relate, make sense and know. And yet this definition does not capture its essence for it can easily be assigned to anything as long as it is, thus it can be reduced to a mere entity, but being is more than mere existence in space and time. Heidegger understands being to be that which gives significance or meaningful presence to things and men, that they are as they are is because of their being. Man is always attuned to being, of his own being and that of others. He is able to understand because it is being that which grants knowing, just as a book is a book or man is a man, it is because being gives to them their designation, so there is a relationship made possible by an encounter between beings, that they be known and understood there is harmonious relationship to develop. This is conditioned by a primordial understanding, of man having not yet forgotten, he understands things and other men unto their being.
But everyday man is surrounded with entities, himself being one, and this made him grow familiar with them. This familiarity turned man’s attitude towards a neglect, that is, since he thinks that he already knows their being, it no longer becomes a matter of continuously knowing and understanding them, but instead it happens that there is a taking for granted. The familiarity leads man to take beings for granted unto their essence, thus he forgets and no longer knows, worst is that man will not even know that he no longer knows, that he no longer remembers. Man lives in a state of oblivion. He relates to entities as if he understands them in their being, but is not. This is evident in a chaotic epoch that man is now situated.
A clear example of this situation is man’s abuse of the environment and its resources. Man is here seen as a mindless consumer who views the environment as a reserve where goods are stocked, waiting and ready for consumption. He challenges the environment to give up all of that she has in order to provide reaching to a point even when it is no longer necessary, but because of man’s disorientation, that in turn made him selfish, he could no longer resist and just keeps going. These resulted to the natural resources now running dry and that sooner it could no longer provide. Man endangers his world and himself, of this situation he is blind. Global warming and other environmental calamities are results of these abuses. If man is to save himself, he must find a way to retrieve his original understanding of being, that is, of himself and others. An effort towards a re-establishing of the fundamental relation must be attempted. The researcher gives a proposal as to how a retrieve is to be accomplished, and that is through the asking of the fundamental question, that is, of “Why are there beings at all instead of nothing?”
This question is no ordinary question, and the researcher makes the contention that the asking of the question develops to a pragmatic resolution of the problem where from the forgetfulness of being, even before making the attempt that it be recalled, the question is first to be asked in order to ground any other future questioning, and in order to establish a solid basis for declaring the retrieve of being as necessary and critical for man’s survival. Here the researcher inquires if there be still a possibility for a retrieve, and if there is, how will man proceed with such a possibility.
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This book gives an account of work that I have done over a period of decades that sets out to solve two fundamental problems of philosophy: the mind-body problem and the problem of induction. Remarkably, these revolutionary contributions to philosophy turn out to have dramatic implications for a wide range of issues outside philosophy itself, most notably for the capacity of humanity to resolve current grave global problems and make progress towards a better, wiser world. A key element of the (...) proposed solution to the first problem is that physics is about only a highly specialized aspect of all that there is – the causally efficacious aspect. Once this is understood, it ceases to be a mystery that natural science says nothing about the experiential aspect of reality, the colours we perceive, the inner experiences we are aware of. That natural science is silent about the experiential aspect of reality is no reason whatsoever to hold that the experiential does not objectively exist. A key element of the proposed solution to the second problem is that physics, in persistently accepting unified theories only, thereby makes a substantial metaphysical assumption about the universe: it is such that a unified pattern of physical law runs through all phenomena. We need a new conception, and kind, of physics that acknowledges, and actively seeks to improve, metaphysical presuppositions inherent in the methods of physics. The problematic aims and methods of physics need to be improved as physics proceeds. These are the ideas that have fruitful implications, I set out to show, for a wide range of issues: for philosophy itself, for physics, for natural science more generally, for the social sciences, for education, for the academic enterprise as a whole and, most important of all, for the capacity of humanity to learn how to solve the grave global problems that menace our future, and thus make progress to a better, wiser world. It is not just science that has problematic aims; in life too our aims, whether personal, social or institutional, are all too often profoundly problematic, and in urgent need of improvement. We need a new kind of academic enterprise which helps humanity put aims-and-methods improving meta-methods into practice in personal and social life, so that we may come to do better at achieving what is of value in life, and make progress towards a saner, wiser world. This body of work of mine has met with critical acclaim. Despite that, astonishingly, it has been ignored by mainstream philosophy. In the book I discuss the recent work of over 100 philosophers on the mind-body problem and the metaphysics of science, and show that my earlier, highly relevant work on these issues is universally ignored, the quality of subsequent work suffering as a result. My hope, in publishing this book, is that my fellow philosophers will come to appreciate the intellectual value of my proposed solutions to the mind-body problem and the problem of induction, and will, as a result, join with me in attempting to convince our fellow academics that we need to bring about an intellectual/institutional revolution in academic inquiry so that it takes up its proper task of helping humanity learn how to solve problems of living, including global problems, and make progress towards as good, as wise and enlightened a world as possible. (shrink)

The contribution focuses on philosophical issues of justice of positive law in the light of the social teaching of John Paul II. The analyses start with consideration of anthropological foundations of justice as virtue, develop with the reflexion upon justice of actions realizing justice and finally arrive at examination of the criteria of justice of law. -/- It is argued that relations between a human being and goods (ends of actions) form ontological basis of natural law and justice of actions (...) – orders and prohibitions are secondary in respect to these relations. An aim of just law (and natural law) is not preservation or restoration of abstractly understood moral order based on norms – orders and prohibitions) but integral development (good) of a person – a being possessing dignity. John Paul’s II philosophy of law takes advantage primarily of Thomas Aquinas’ approach to law and combines it with constructions which are typical for modern human rights protection. John Paul’s II conception of natural law is anthropocentric and bases on subjective rights thinking. Human dignity and human rights which derive from it provide basic criteria for the justice of law. Human rights as subjective rights disclose natural law which is understood as a set of goods for a human person. These goods are ends of actions and as such they determine actions and their forms. This point of view is compatible with Aquinas’ definition: “law is nothing but a rational plan of operation, and … the rational plan of any kind of work is derived from the end” (Summa contra gentiles, lib. 3, cap. 114, n. 5). -/- Positive (human) law which is not just has no normative power in this sense that it does not in itself provide reasons for concrete actions of a concrete actor. Sometimes there are moral reasons for following unjust law, however if its norm prescribes actions which are wrong in themselves (internally wrong) there is moral obligation to act contrary to such a legal norm. -/- Zasadniczym przedmiotem opracowania jest filozoficzna refleksja Jana Pawła II nad sprawiedliwością prawa stanowionego. Analizy przebiegają od zagadnienia antropologicznych podstaw sprawiedliwości poprzez problematykę działań realizujących sprawiedliwość do zagadnienia sprawiedliwości prawa stanowionego. Opracowanie zamykają uwagi wskazujące na kontekst teologiczny istotny dla problematyki sprawiedliwości, którego analiza wykracza jednak poza podjęte zamierzenie koncentrujące się na problematyce filozoficznoprawnej. Argumentuje się, że u podstaw tej refleksji leży namysł nad relacją człowieka do dobra, która stanowi ontologiczną podstawę prawa naturalnego i sprawiedliwości – nakazy i zakazy są wtórne wobec tej relacji. Celem prawa i sprawiedliwości jest dobro konkretnego, obdarzonego godnością człowieka, a nie np. przywracanie abstrakcyjnie pojętego porządku moralnego. Od strony konstrukcji teoretycznej, filozofia prawa Jana Pawła II jest osadzona przede wszystkim na koncepcji Tomasza z Akwinu łączonej z konstrukcjami typowymi dla współczesnej ochrony praw człowieka. To w godności i wynikających z niej prawach człowieka poszukiwać trzeba zasadniczych treściowych kryteriów sprawiedliwości prawa. Prawa człowieka jako prawa podmiotowe są podstawowym wyrazem prawa naturalnego, stanowiącego ontyczną podstawę sprawiedliwości i które pojmowane jest jako zespół dóbr dla osoby, zatem i celów kształtujących działanie. Perspektywa pojmowania prawa naturalnego jest antropocentryczna. Prawo stanowione, które nie jest sprawiedliwe, nie ma „mocy prawa”, przede wszystkim w takim sensie, że nie stanowi samo w sobie racji działania. Niekiedy, ze względów moralnych, niesprawiedliwe prawo wymaga posłuszeństwa. Jeśli jednak prawo stanowione daje uprawnienia do czynów wewnętrznie złych i nakazuje takie czyny, to nie tylko nie obowiązuje w sumieniu i nie jest racją działania, ale obowiązkiem jest postępowanie wbrew takiemu prawu. (shrink)

This paper argues that Rousseau’s lawgiver is best thought of as a fictional teacher of peoples. It is fictional as it reflects an idea that is entertained despite its contradictory nature, and it is contradictory in the sense that it describes ‘an undertaking beyond human strength and, to execute it, an authority that amounts to nothing’ (II.7; 192). Rousseau conceives of the social contract as a necessary device for enabling the transferal of individual power to the body politic, for subsuming (...) individual wills under the general will, and for aligning the good of the individual with the common good. For the social contract to be valid, however, it needs to be preceded by a desire to belong to a moral community that can induce people to join willingly, and that will grant legitimacy to the laws established. If the social contract is the machinery that makes the body politic function, the lawgiver is ‘the mechanic who invents the machine’ (II.7; 191). In this paper we will look closer at the pedagogical functions of Rousseau’s mythical lawgiver by first examining the relationship between the social contract, the general will and the lawgiver. Then, we aim to flesh out a pedagogical understanding of the figure of the lawgiver by way of the two educational dimensions of accommodation and transformation. Finally, we will argue for the importance of understanding Rousseau’s lawgiver as a fictional device allowing for the fundamental and enduring educational task of balancing between the preservation and renewal of society. (shrink)

James Sterba describes the egoist as thinking only egoist reasons decide the rationality of choices of action, the altruist, only altruistic reasons, that each in effect begs the question of what reasons there are against the other, and that the only non-question-begging and therefore rationally defensible position in this controversy is the middle-ground position that high-ranking egoistic reasons should trump low ranking-altruistic considerations and vice versa, this position being co-extensive with morality. Therefore it is rationally obligatory choose morally. I object (...) that the mere fact that a position is intermediate between two extremes does not mean it isn’t question-begging; that Sterba’s style of argument could be used to prove anything and therefore proves nothing; that it can be used to prove obvious falsehoods and therefore doesn’t necessarily track the truth; that it can be used to prove the truth of contingent, empirically obvious falsehoods when, since it is necessary a prior that one ought to be moral, something can be a good argument for the rationality of morality only if the argument’s style would entail only truths necessary a priori; that Sterba’s argument cannot inherit plausibility from what Sterba describes as the decision theoretic idea that when choosing among options where we have no evidence that one is more appropriate than the other, we must treat them as equally choice-worthy, since there is no such idea in decision theory, and shouldn’t be (for when, for example, there is no evidence that x exists and no evidence that x does not exist, one should believe that x does not exist; one should not chose as if x’s existence and non-existence were equally likely); that Sterba’s argument style is not analogous to the compromise strategies recommended in bargaining theory, nor in negotiating situations (although it would profit Sterba to consider David Gauthier’s approach in seeking to demonstrate that morality is both a middle ground between egoism and altruism, and is rationally obligatory); that it is problematic to see egoistic and altruistic reasons as commensurable and therefore admitting of a middle ground, especially a unique middle ground; that in any case, egoistic and altruistic reasons are not exhaustive of the reasons there could be; that the only sense in which moving to middle ground results in the parties not begging the question against each other is that it means they would be agreeing with each other and therefore not holding positions against each other, whether question-beggingly or otherwise, a fact which offers neither any rationally compelling reason to move her position closer to that of the other (for how can the mere fact that if we agreed we wouldn’t be begging the question against each other be a reason to agree?); and that even if morality is both rationally obligatory and a middle ground between egoism and altruism, it won’t be in any interesting sense true that this holds because the alternative would be question-begging, which means that analyzing the basis of the rationality of morality as being found in this principle of argumentation theory misconceives the nature of morality. (shrink)

The ancient Stoics believed that virtue is the only true good and as such both necessary and sufficient for happiness. Accordingly, they classified food as among the things that are neither good nor bad but "indifferent." These "indifferents" included health, illness, wealth, poverty, good and bad reputation, life, death, pleasure, and pain. How one deals with having or lacking these things reflects one’s virtue or vice and thus determines one’s happiness or misery. So, while the Stoics held (...) that food in itself contributes nothing to a person’s happiness, how one obtains, prepares, and serves it, and both what and how one eats, all reveal a person’s character as good or bad. Thus, understanding the purpose of food, the necessity of frugality, and the virtue of temperance are all important in Stoicism. This paper traces the ethical views on food from Zeno of Citium and Chrysippus to Seneca, Musonius Rufus, Epictetus, and Marcus Aurelius. They agree that the wise and temperate know that simple, inexpensive foods in moderate amounts produced locally are easy to get and prepare, healthy for the body, and good for the mind. Thus, Stoicism dictates frugality of diet and the rejection of ambitious eating, gluttony, luxuries, delicacies, and gustatory extravagance. Some Stoics favor vegetarianism. All Stoics think it wise to limit eating and drinking to strict bodily need and to eradicate all food anxieties. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

This paper challenges the widely held view that ‘good for’, ‘well-being’, and related terms express a distinctive evaluative concept of central importance for ethics and separate from ‘simply good’ as used by G. E. Moore and others. More specifically, it argues that there's no philosophically useful good-for or well-being concept that's neither merely descriptive in the sense of naturalistic nor reducible to ‘simply good’. The paper distinguishes two interpretations of the common claim that the value ‘ (...) class='Hi'>good for’ expresses is distinctively ‘subject-relative’. One concerns the ground of this value, or the properties that make something good for you; it says these must involve some relation to you. The other concerns the resulting value itself, or what supervenes on this ground; it says that too involves a relation. Neither interpretation, the paper argues, yields a significantly distinct evaluative concept. The ethically fundamental evaluative concept is just ‘simply good’. (shrink)

THE STRUCTURE OF THIS PAPER IS AS FOLLOWS. I begin §1 by dealing with preliminary issues such as the different relations expressed by the “good for” locution. I then (§2) outline the Locative Analysis of good for and explain its main elements before moving on to (§3) outlining and discussing the positive features of the view. In the subsequent sections I show how the Locative Analysis can respond to objections from, or inspired by, Sumner (§4-5), Regan (§6), and (...) Schroeder and Feldman (§7). I then (§8) reply to an imagined objector who claims that the Locative Analysis generates implausible results with respect to punishment, virtue and agent-centered duties. (shrink)

The subtraction argument, originally put forward by Thomas Baldwin (1996), is intended to establish Metaphysical Nihilism, the thesis that there could have been no concrete objects. Some modified versions of the argument have been proposed in order to avoid some difficulties faced by the original argument. In this paper I shall concentrate on two of those versions, the so-called subtraction argument* (presented and defended in Rodriguez-Pereyra 1997, 2000, 2002), and Efird and Stoneham’s recent version of the argument (Efird and Stoneham (...) 2005). I shall defend the subtraction argument* from Alexander Paseau’s (2006) objection that because a crucial premise of the subtraction argument* may have no plausibility independent from Metaphysical Nihilism, the subtraction argument* is not suasive. Although Paseau focuses on the subtraction argument*, I shall point out that Efird and Stoneham could reply to Paseau’s objection in the same way. Thus there are (at least) two suasive versions of the subtraction argument that establish Metaphysical Nihilism. But are those two arguments equally good? I shall argue that the subtraction argument* is preferable to Efird and Stoneham’s argument. (shrink)

The topical theme of this paper explores the ethical principles of Mahayana Buddhism, based on Bodhicaryavatara(BC) of Santideva(7thcentury A.D.). According to him, only generation of enlightened mind (bodhicitta-intellect) and virtuous actions are not sufficient to attain the main objective i.e. Buddha-hood, the state of perfect enlightenment. But, for the fulfillment of this goal one must have to gain perfection to engage in the performance of six actions, termed as –Sadparmitas. It is necessary to stop present and future sufferings, and to (...) bring eternal pleasure, for all sentient beings. For this self-attitude and behavior in everyday affairs towards other beings is necessary. Thus, the ethics in Buddhism is directly associated with theory of Karman (action). Here, ethics means not only pure observance of virtuous actions but also good performance of one’s own duty and good actions in all affairs. It means while we work and act must be abstain from negative thinking doing harm for other beings. Therefore, Santideva emphasizes on applied form of teachings of the ethical theory. According to him, who has proper vision and understanding can act, of the work of compassionate, beyond the ethical code of conduct prescribed by the scriptures as warranted by circumstances and conditions for the sake of others. Thus, the ethical theory is based on good or bad intention of mind of an individual. This is so as what is virtuous and non-virtuous actions are not so easy to understand because it depends on purity of mind. In fact, nothing is good and nothing is bad, circumstances and intentions make it so. (shrink)

Stereotypes within any society have consequences that are sometimes harmful and also affect targeted group of persons or ethnic group in a common way. One of the cultural stereotypes about Efik women is that they hardly believe in ‘…till death do us apart’ promised during monogamous marriage rite, that is, they walk out of marriage when conditions are unbearable. The misinterpretations of some exhortations given to the couples at Efik traditional marriage rite seem to support this claim. For example: ‘Eyen (...) mi nyamkkenyam, nnọ ke ndọ; ebot ebot edi unyam. Mm’ ifonke mendiyak, abang okubomo ikim okuwaha utong’. This exhortation is translated as: ‘I have not sold my child but given her to you in marriage; only goat is for sale. If she is no longer good for you bring her back. Let nothing malevolent happen to her.’ This implies that the life of one’s daughter is priced over marriage. One of the aims of this article is to investigate the context of this statement and how it has shaped people’s perception of marriage among the Efiks in Nigeria. In addition, this paper seeks to deconstruct some of the stereotypical views on Efik traditional marriage with regard to the female gender. Theories of Correspondent Inferences and Attribution in Social Psychology are used in understanding how women in Efik culture respond to marriage. Data from quantitative analysis of questionnaires and oral interviews threw more light on how cultural changes influence marriage institution among the Efiks. The findings of the research show that intermarriage, education, peer group influence, Western religious cultures, socio-economic conditions, etc., have necessitated the reconsideration of stereotypical views on marriage in Efik culture. (shrink)

We often hear how scientists have discovered that a certain human trait – or a trait of another type of organism – is innate, genetic, heritable, inherited, naturally selected etc. All these claims have something in common: they all declare a trait to have significant organism internal (for instance genetic) causes that are present in the organism at its birth. I call claims like these “nativist claims”. Nativist claims are important. They shape our overall understanding of what we are, what (...) we can do and what is good for us. They also impact our practical decision making. For instance, we know that certain types of genes increase the risk of certain diseases, and increasingly this has an effect on healthcare practices. Many people believe that in the matter of children’s education we should consider the fact that many cognitive abilities are highly heritable. Associations between genetics and aggressive behavior have been taken to be alleviating circumstances in criminal sentencing. It is therefore important to correctly understand the content and implications of nativist claims. In this doctoral thesis I analyze, by philosophical means, the content of different kinds of nativist claim. What does it mean that some psychological tendency is innate? What does it mean that intelligence is 50% heritable? How (if at all) do genes come to carry information about the traits of an organism – they are nothing like the information carriers familiar to us, such as newspapers, e-mails, secret codes, and audio files. This thesis emphasizes two things. Firstly, I demonstrate, that in different scientific contexts these words ('innate', 'genetically caused' etc.) can mean very different things. Therefore, the implications of a given nativist claim in one scientific context can be remarkably different from another nativist claim’s implications in some other scientific context. Secondly, I explain how the development of innate, heritable and genetically caused traits can be determined in different and often unexpected ways by our environment and experiences. I demonstrate that the content of a concept that is considered innate by cognitive scientists can be determined by what the organism that possesses the concept has experienced. I also show that even a trait which is 100% heritable can at the same time be a socially constructed trait. (shrink)

Let Entitlement Epistemology be the theory of knowledge which says that entitlement—a special kind of unearned warrant to accept or believe—can help us successfully address a range of sceptical arguments. Prominent versions of this theory urge that epistemology should not be concerned with knowledge (and similar externalist states) but rather with justification, warrant, and entitlement (at least insofar as these are conceived of as internalist states). Knowledge does not come first, half-way, or even last in epistemological theorising—rather, it ought to (...) come nowhere. The goal in what follows is two-fold: Firstly, to assess whether this extreme internalist version of Entitlement Epistemology is at all sustainable. (We shall find that it is not.) Secondly, to articulate a version of Entitlement Epistemology which arguably does much better. On the view to be explored, knowledge does not drop out of the epistemological picture: if we allow that there can be warrant for nothing, then there can be knowledge for nothing too. (shrink)

Good chefs know the importance of maintaining sharp knives in the kitchen. What’s their secret? A well-worn Taoist allegory offers some advice. The king asks about his butcher’s impressive knifework. “Ordinary butchers,” he replied “hack their way through the animal. Thus their knife always needs sharpening. My father taught me the Taoist way. I merely lay the knife by the natural openings and let it find its own way through. Thus it never needs sharpening” (Kahn 1995, vii; see also (...) Watson 2003, 46). Plato famously employed this image as an analogy for the reality of his Forms (Phaedrus, 265e). Just like an animal, the world comes pre-divided for us. Ideally, our best theories will be those which “carve nature at its joints”. While Plato employed the “carving” metaphor to convey his views about the reality of his celebrated Forms, its most common contemporary use involves the success of science -- particularly, its success in identifying distinct kinds of things. Scientists often report discovering new kinds of things -- a new species of mammal or novel kind of fundamental particle, for example -- or uncovering more information about already familiar kinds. Moreover, we often notice considerable overlap in different approaches to classification. As Ernst Mayr put it: No naturalist would question the reality of the species he may find in his garden, whether it is a catbird, chickadee, robin, or starling. And the same is true for trees or flowering plants. Species at a given locality are almost invariably separated from each other by a distinct gap. Nothing convinced me so fully of the reality of species as the observation . . . that the Stone Age natives in the mountains of New Guinea recognize as species exactly the same entities of nature as a western scientist. (Mayr 1987, 146) Such agreement is certainly suggestive. It suggests that taxonomies are discoveries rather than mere inventions. Couple this with their utility in scientific inference and explanation and we have compelling reason for accepting the objective, independent reality of many different natural kinds of things.. (shrink)

Can it be better or worse for a person to be than not to be, that is, can it be better or worse to exist than not to exist at all? This old 'existential question' has been raised anew in contemporary moral philosophy. There are roughly two reasons for this renewed interest. Firstly, traditional so-called “impersonal” ethical theories, such as utilitarianism, have counter-intuitive implications in regard to questions concerning procreation and our moral duties to future, not yet existing people. Secondly, (...) it has seemed evident to many that an outcome can only be better than another if it is better for someone, and that only moral theories that are in this sense “person affecting” can be correct. The implications of this Person Affecting Restriction will differ radically, however, depending on which answer one gives to the existential question. Melinda Roberts (2003) and Matthew Adler (2009) have defended an affirmative answer to the existential question using an assumption that one can asribe a zero level of wellbeing to a person in a world in which that person doesn't exist. Contrariwise, Derek Parfit (1984), John Broome (1999), and others have worried that if we take a person’s life to be better for her than non-existence, then we would have to conclude that it would have been worse for her if she did not exist, which is absurd: Nothing would have been worse or better for a person if she had not existed. The paper suggests that an affirmative answer to the existential question can avoid such absurdities: One can claim that, say, it is better for a person to exist than not to exist, without implying that it would have been worse for a person if she had not existed or that her level of wellbeing would then have been lower. (shrink)

Abortion restrictions are particularly good for black women—at least in the United States. This claim will likely strike many as outlandish. And numerous commentaries on abortion restrictions have suggested otherwise: many authors have lamented the effects of abortion restrictions on women, and black women in particular—these restrictions are bad for them, these authors say. However, abortion restrictions are clearly good for black women. This is because if someone is prevented from performing a morally wrong action, it’s good (...) for her. For example, it’s good for Sarah if she’s prevented from driving home drunk. However, since abortion is morally wrong, it follows that it’s good for women when they are prevented from getting an abortion. And since black women get abortions at disproportionately high rates, abortion restrictions are good in particular for black women. Indeed, this is an example of a positive effect of intersectionality. (shrink)

In their paper Nothing but the Truth Andreas Pietz and Umberto Rivieccio present Exactly True Logic, an interesting variation upon the four-valued logic for first-degree entailment FDE that was given by Belnap and Dunn in the 1970s. Pietz & Rivieccio provide this logic with a Hilbert-style axiomatisation and write that finding a nice sequent calculus for the logic will presumably not be easy. But a sequent calculus can be given and in this paper we will show that a calculus for (...) the Belnap-Dunn logic we have defined earlier can in fact be reused for the purpose of characterising ETL, provided a small alteration is made—initial assignments of signs to the sentences of a sequent to be proved must be different from those used for characterising FDE. While Pietz & Rivieccio define ETL on the language of classical propositional logic we also study its consequence relation on an extension of this language that is functionally complete for the underlying four truth values. On this extension the calculus gets a multiple-tree character—two proof trees may be needed to establish one proof. (shrink)

According to Wittgenstein’s claim that our “seeing a thing as” is strongly dependent on what he calls “world-picture” and vice versa, motion pictures present “surveyable repres- entations” of our world-picture and therefore influence the way we see the world. Insofar as understanding means to see coherences, motion pictures help humans understand world-pictures. But the insights imparted by motion pictures are not of a mere cognitive kind, since motion pictures do not present arguments. By making use of imaginative identification they have (...) such an impact on humans that they directly “embody” insights and thereby changing what is accepted as knowledge within a world-picture. (shrink)

Mather (2019) has brought together the current empirical research in support of the claim that octopuses possess minds; and the weight of the evidence does appear to support octopus sentience. Being sentient means an organism has welfare concerns, a subjective experience of life that can go well or poorly. Protecting welfare requires knowing what conditions will have a positive or negative impact. Understanding what is in the mind of an octopus will give us valuable insight into what is good (...) for an octopus. (shrink)

For among most contemporaries, the concept of Eros seems to have nothing to do with Christianity. Sifting through the psychoanalysis of sexual fantasy, theologically it says nothing. Our study gives reasons showing that for theologians since the dawn of the Christian era, Eros-love plays a fundamental role.. The connotations of this concept, however, are different from those of today, when its sensory meaning is more restricted to sexuality. Greek theologians of the first centuries after Christ, taught the concept of Plato (...) enshrined as a unifying enthusiasm, the attraction of inferior to superior states, as “hungry and thirsty” for something continuously higher, developing, and enriching the connotation. The work of Dionysius Areopagite, the Idea of Good, leads us step by step up the ascent of the erotically chaste, and is identified with the One-God, who is the very source of love. Consequently, Eros-love originates from God, Eros- love being not only an ascending but firstly a descending love, which calls for a reciprocal communion. (shrink)

In this chapter I'd like to focus on a small corner of sexbot ethics that is rarely considered elsewhere: the question of whether and when being a sexbot might be good---or bad---*for the sexbot*. You might think this means you are in for a dry sermon about the evils of robot slavery. If so, you'd be wrong; the ethics of robot servitude are far more complicated than that. In fact, if the arguments here are right, designing a robot to (...) serve humans sexually may be very good for the robots themselves. (shrink)

There is good reason to think that, in every case of perceptual consciousness, there is something of which we are conscious; but there is also good reason to think that, in some cases of perceptual consciousness—for instance, hallucinations—there is nothing of which we are conscious. This paper resolves this inconsistency—which we call the presentation problem—by (a) arguing that ‘conscious of’ and related expressions function as intensional transitive verbs and (b) defending a particular semantic approach to such verbs, on (...) which they have readings that lack direct objects or themes. The paper further argues that this approach serves not only as a linguistic proposal about the semantics of ‘conscious of’, but also as a proposal about the metaphysics of conscious states. (shrink)

We emerge into everythingness. The senses mingle incestuously. Nothing is distinct or differentiated. Everything is no-thing. How is it we come to be as distinct entities? Let me personalize: In what manner did I become an "I"? Is the motive force behind this much-maligned, much-altered, much-abused body my soul? my genes? me?

Should we cognitively alter animals in ways that might change their moral status? There has been some discussion of this question. For example, Chan (2009) and Chan and Harris (2001) consider whether we should radically enhance the cognitive capacities of animals, while Thompson (2008) and Shriver (2009) argue that we should in fact substantially disenhance some animals to protect them from suffering. More controversially, some have countenanced radical and possibly moral status-altering transformations of human persons. ... One question relevant to (...) all of these discussions is whether it is good for a being to have moral status; whether a being’s moral status contributes to its wellbeing or (as I take to be equivalent) has prudential value for that being. (shrink)

If for Caputo the universality of desire as self-appropriation and the singularity of the gift as desire-beyond-desire depend on and interweave with each other, they nevertheless do so as the communication between discrete and separable moments, that of the `sensible, rational circle of time' and the `exceeding and surpassing of ourselves'. The subject for Caputo seems to function as the temporary self-identity of construct. It is the "desire for restitution, fulfillment, reappropriation, well being". This agent-subject "always intends to act for (...) its own good". He says without this willing well-being "the subject/agent would never do a thing, nothing would happen or eventuate". Caputo's equating of the subject with a moment of re-appropriation ( he says `making an exhibit of ourselves', but can we make an exhibit of ourselves without unintentionally exiting from ourselves?) exemplifies the attempt to retain a remnant of a structuralist center as only the instant of contingency itself. In so doing, Caputo reifies what Derrida puts into question. (shrink)

Terms such as “good” and “evil” are residues of a scientifically benighted worldview, often corrupted by intimations of the supernatural, and the phenomena that moral terms allegedly designate are no more substantial than phlogiston or witchery. Much as eliminative materialists like Paul and Patricia Churchland have attempted to banish the posits of “folk psychology” to the dustbin of history’s defunct and discarded theories, I hope to begin the relegation of moral terminology to humankind’s collective intellectual adolescence. It is prudent (...) to leave moralizing behind, and to retain its memory as nothing more than a souvenir of quaint “folk normativity”. In other words, I hope to eliminate all talk of “morality” and to expose “moral facts” as chimeras, and “moral laws” as superfluous overlays without which we could readily, and comprehensively, describe the salient concerns of propriety regarding interpersonal interaction. In short, I contend that there is no such thing as “morality” and no need to resort to morality-speak. Indeed, the expression “moral fact” not only lacks any referent, it (as well as related terminology) is entirely eliminable in favor of more fundamental, more informative, and more thoroughly well-established features of the human condition. Let us, therefore, dispense with moralizing once and for all. (shrink)