Our purpose in this article is to identify and suggest resolution for two core problematics of grounded theory. First, while grounded theory provides transparency to one part of the conceptualization process, where codes emerge directly from the data, it provides no such systematic or transparent way for gaining insight into the conceptual relationships between discovered codes. Producing a grounded theory depends not only on the definition of conceptual pieces, but the delineation of a relationship (...) between at least two of those pieces. Second, the conceptualization process of grounded theory is done in hierarchical fashion, where individual codes emerge from the data but then are used to generate insight into more general concepts and thematic statements. But various works on grounded theory have failed to provide any systematic way of using data specific levels of scale (the codes) to gain insight into more macro levels of scale (concepts and themes). We offer fractal concept analysis as a means of resolving both of these issues. By using a logic structure generator, fractal concept analysis delineates self-similar conceptual frameworks at various levels of abstraction, yielding a method for linking concepts together within and between levels of scale encountered in the grounded theory coding and categorization process. We conclude that this fractal analytic technique can bolster the aims of grounded theory as a formalized and systematic process for generating theory from empirical data. (shrink)

Existing social disparities in the United States are inconsistent with the promise of democracy; therefore, there was a need for critical conceptualization of the first principles that undergird American democracy and the genesis of democratic social change in America. This constructivist grounded theory study aimed to construct a grounded theory that provides an understanding of the process of American democratic social change as it emerged from the nation’s founding documents. A post hoc polytheoretical framework including (...) Foucault’s, Bourdieu’s, and Marx and Engels’s theories of power was used to understand power dynamics. The research question focused on understanding the process of democratic social change in America. The sample comprised the Articles of Confederation, the U.S. Declaration of Independence, The Federalist Papers, and the U.S. Constitution. The documents were retrieved from the National Archives and Library of Congress. The data analysis plan incorporated successive comparison, situational and dramaturgical analysis, deconstruction, and perspective taking as strategies. The result was the construction of a democratic social change process theory preceded by five grounded theories: (a) first principles of democracy, (b) first principles of democracy conceptual framework, (c) socio-ethical principles of democracy, (d) demoralizing process, and (e) either-or approach to democracy. Positive social change implications include applying a democratic social change process to future social change endeavors across domains and levels of analysis, a normative framework for a republican form of government, and a tool to analyze and minimize the latent consequences of social justice policies. (shrink)

Existing social disparities in the United States are inconsistent with Lincoln’s promise of democracy; therefore, there is a need for a critical conceptualization of the first principles that undergird American democracy and the genesis of democratic social change in America. This study aimed to construct a grounded theory that provides an understanding of the process of American democratic social change. The result was the construction of two frameworks: the demoralization process that triggers social change, and a formal (...) class='Hi'>grounded theory that could explain democratic social change endeavors across different domains and levels of analysis. This democratic social change grounded theory answers the research question: How do the principles of the American founding documents provide an understanding of the process of American democratic social change? (shrink)

The polarities of democracy framework is used to achieve human emancipation by simultaneously managing multiple paradoxes by employing Johnson’s polarity management as the conceptual framework. Although Johnson’s framework may be appropriate for managing other tension-dependent pairs, it is less suitable for managing multiple democratic values when the goal is human emancipation and sustainable democratic social change. Managing multiple polarities is exacerbated by the problem-shifting and problem-creation effect inherent in a tension-driven framework. The aim was to develop (...) a constructivist grounded theory to answer the research question: How can the first principles of democracy be used to reduce dynamic tension and achieve human emancipation? This gap has been filled by a parsimonious conceptual framework based on three democratic principles: human dignity, fairness, and knowledge. The principles of democracy conceptual framework can synthesize the tension between democratic values in order to manage, plan, and evaluate democratic social change initiatives. (shrink)

I propose a framework, derived from moral theory, for assessing the moral status of intelligent machines. Using this framework, I claim that some current and foreseeable intelligent machines have approximately as much moral status as plants, trees, and other environmental entities. This claim raises the question: what obligations could a moral agent (e.g., a normal adult human) have toward an intelligent machine? I propose that the threshold for any moral obligation should be the "functional morality" of Wallach (...) and Allen [20], while the upper limit of our obligations should not exceed the upper limit of our obligations toward plants, trees, and other environmental entities. (shrink)

Great Britain subjugated colonists using various power strategies, including dehumanization, misinformation, fear, and other divisive strategies. The Founders described these oppressive strategies as “a long train of abuses and usurpations.” Throughout the Declaration of Independence and the U.S. Constitution, the Founding Fathers imbued the people with hope in a government for the people: one unlike that of the monarchy, which sought to protect itself at the expense of colonists. As a result, the Founders created a government more likely to lead (...) with fairness, demonstrate respect for human dignity, unite Americans as one people, empower citizens through hope, and lead the nation toward security. This socio-ethical framework was an abductive discovery nested within a grounded theory study where it had been concluded that the first principles of democracy were woven within the American founding documents. Using Charmaz’s constructivist grounded theory, the first principles of democracy—knowledge, fairness, human dignity, hope, unity, and security—were used to answer an emerging research question: Are there two democratic frameworks in the founding documents, and how do they differ? The first principles of democracy promote a culture of ethics, resilience, and freedom. Their empowering disposition makes them suitable as a normative framework for a democratic government for the people. (shrink)

By bringing together Dretske’s theory of knowledge, Shannon’s theory of information, and the conceptual framework of statistical physics, this paper explores some of the meta-physical challenges posed by a naturalistic notion of semantical information. It is argued that Dretske’s theory cannot be said to be naturalistically grounded in the world described by classical physics and that Dretske information is not consistent with Shannon information. A possible route to reconciling Dretske’s insights with Shannon’s theory is (...) proposed. Along the way, an attempt is made to clarify several points of possible confusion about the relationships between Dretske information, Shannon information and statistical physics. (shrink)

Background: The United States symbolizes democracy in the new world and contributes to global prosperity. Nevertheless, incrementalism is a historically dominant national approach to public policy implementation that delays democracy and undermines human dignity. Human flourishing and national development are endangered by slow-moving democratic changes. This necessitates a social justice framework that traces the exploitation of incrementalism and the consequences of opportunity gaps. Objectives: This study aims to construct a grounded theory to address and answer the following (...) research question: Are anti-democratic concepts part of a process or strategy that hinders democratic change, and what reinforces it, if anything? Methods: Two categories emerged from a grounded theory of democratic social change. This combination of anti-democratic tenets and democratic principles led to abductive reasoning to fill the research gap. Results: The key finding was the existence of a systematic approach that led to democracy while simultaneously disempowering the same group through legal and extralegal means. Two processes hinder democracy: incrementalism and an anti-democratic demoralizing process. A constructivist social justice grounded theory was developed to analyze and evaluate public policy for barriers and facilitators of democracy. A thorough analysis and evaluation of the impact and consequences of public policy is recommended to better understand how such policies impede democracy and influence American perceptions of justice. (shrink)

There is a curious bifurcation in the literature on ground and its logic. On the one hand, there has been a great deal of work that presumes that logical complexity invariably yields grounding. So, for instance, it is widely presumed that any fact stated by a true conjunction is grounded in those stated by its conjuncts, that any fact stated by a true disjunction is grounded in that stated by any of its true disjuncts, and that any fact (...) stated by a true double negation is grounded in that stated by the doubly-negated formula. This commitment is encapsulated in the system GG axiomatized and semantically characterized by [deRosset and Fine, 2023] (following [Fine, 2012]). On the other hand, there has been a great deal of important formal work on “flatter” theories of ground, yielding logics very different from GG [Correia, 2010] [Fine, 2016, 2017b]. For instance, these theories identify the fact stated by a self-conjunction $$(\phi \wedge \phi )$$ with that stated by its conjunct $$\phi $$. Since, in these systems, no fact grounds itself, the “flatter” theories are inconsistent with the principles of GG. This bifurcation raises the question of whether there is a single notion of ground suited to fulfill the philosophical ambitions of grounding enthusiasts. There is, at present, no unified semantic framework employing a single conception of ground for simultaneously characterizing both GG and the “flatter” approaches. This paper fills this gap by specifying such a framework and demonstrating its adequacy. (shrink)

In their article, Thom Scott‐Phillips, Stefaan Blancke, and Christophe Heintz do a commendable job summarizing the position and misunderstandings of “cultural attraction theory” (CAT). However, they do not address a longstanding problem for the CAT framework; that while it has an encompassing theory and some well‐worked out case studies, it lacks tools for generating models or empirical hypotheses of intermediate generality. I suggest that what the authors diagnose as misunderstandings are instead superficial interpretive errors, resulting from researchers (...) who have attempted to extract generalizable hypotheses from CAT and bring them into contact with the analytical and inferential models of contemporary cultural evolutionary research. (shrink)

According to the grounding theory of powers, fundamental physical properties should be thought of as qualities that ground dispositions. Although this view has recently been defended by many different philosophers, there is no consensus for how the view should be developed within a broader metaphysics of properties. Recently, Tugby has argued that the view should be developed in the context of a Platonic theory of properties, where properties are abstract universals. I will argue that the view should not (...) be developed within such a framework. Either the view should be developed with an ontology of Aristotelian properties, or it should be developed in a Nominalist framework that contains no properties at all. (shrink)

Bianca-Alexandra Savu ABSTRACT: This article discusses the proposal of accommodating grounding theories and structural realism, with the aim to provide a metaphysical framework for structural realism. Ontic structural realism, one of the most accepted metaphysical versions for structural realism, is taken into account here, with the intention of analyzing the framework in which...

What, normatively speaking, are the grounds of rational choice? This paper defends ‘comparativism’, the view that a comparative fact grounds rational choice. It examines three of the most serious challenges to comparativism: 1) that sometimes what grounds rational choice is an exclusionary-type relation among alternatives; 2) that an absolute fact such as that it’s your duty or conforms to the Categorial Imperative grounds rational choice; and 3) that rational choice between incomparables is possible, and in particular, all that is needed (...) for the possibility of rational choice is that one alternative is not worse than the others. Each challenge is questioned. If comparativism is correct, then no matter what normative theory you favor, your answer to the question, ‘What makes my choice rational?’ must be comparative in form. In this way, comparativism provides a framework for normative theorizing. (shrink)

In recent discussions, it has been argued that a theory of animal rights is at odds with a liberal abortion policy. In response, Francione (1995) argues that the principles used in the animal rights discourse do not have implications for the abortion debate. I challenge Francione’s conclusion by illustrating that his own framework of animal rights, supplemented by a relational account of moral obligation, can address the moral issue of abortion. I first demonstrate that Francione’s animal rights position, (...) which grounds moral consideration in sentience, is committed to the claim that a sentient fetus has a right to life. I then illustrate that a fully developed account of animal rights that recognizes the special obligations humans have to assist animals when we cause them to be dependent and vulnerable through our voluntary actions or omissions is committed to the following: a woman also has a special obligation to assist a sentient fetus when she causes it to be dependent and vulnerable through her voluntary actions or omissions. From these considerations, it will become evident that a fully developed and consistent animal rights ethic does in fact have implications for the abortion discussion. (shrink)

Contemporary theories of consciousness are based on widely different concepts of its nature, most or all of which probably embody aspects of the truth about it. Starting with a concept of consciousness indicated by the phrase “the feeling of what happens” (the title of a book by Antonio Damásio), we attempt to build a framework capable of supporting and resolving divergent views. We picture consciousness in terms of Reality experiencing itself from the perspective of cognitive agents. Each conscious experience (...) is regarded as composed of momentary feeling events that are combined by recognition and evaluation into extended conscious episodes that bind cognitive contents with a wide range of apparent durations (0.1 secs to 2 or more secs, for us humans, depending on circumstances and context). Three necessary conditions for the existence of consciousness are identified: a) a ground of Reality, envisaged as an universal field of potentiality encompassing all possible manifestations, whether material or 'mental'; b) a transitional zone, leading to; c) a manifest world with its fundamental divisions into material, 'informational' and quale-endowed aspects. We explore ideas about the nature of these necessary conditions, how they may relate to one another and whether our suggestions have empirical implications. (shrink)

Speech acts are governed by a variety of illocutionary norms. Building on Sbisà’s (2019) work, this chapter attempts to develop a common framework to study them. Four families of illocutionary rules are identified: (i) Validity rules set conditions for (actual) performance; (ii) Cooperative rules set conditions for cooperative performance; (iii) Illocutionary goals set conditions for successful performance; (iv) Illocutionary obligations set conditions for compliance. Illocutionary rules are often taken to play a constitutive role: speech acts are said to be (...) constituted by the unique set of rules that regulates them. Against this view, it is argued that many illocutionary rules are instead best construed as rationally derivable expectations of cooperation. This alternative paradigm provides fertile ground to reconcile scholarly disagreement between speech act theorists, and yields a promising explanation of how illocutionary norms are learned and evolve through time. (shrink)

My aim in this paper is to discuss a metaphysical framework within which to understand “standard linguistic entities” (SLEs), such as words, sentences, phonemes, and other entities routinely employed in linguistic theory. In doing so, I aim to defuse certain kinds of skepticism, challenge convention-based accounts of SLEs, and present a series of distinctions for better understanding what the various accounts of SLEs do and do not accomplish.

The main aim of this dissertation is to model the different ways in which we use language when we engage with fiction. This main aim subdivides itself into a number of puzzles. We all know that dragons do not exist. Yet, when I read the Harry Potter novels, I do accept the existence of dragons. How do we keep such fictional truths separate from ‘ordinary’ non-fictional truths? What is the difference between Tolkien writing down all sorts of falsities, and a (...) liar who also says all sorts of untrue things? How can it be true that Frodo was born in the Shire while it is also true that he was invented by Tolkien? Given that a fiction such as Pride and Prejudice is not about the actual world, how can I learn things about 19th century etiquette in England by reading this novel? -/- I develop a coherent semantic analysis of these different puzzles: the ‘workspace account’. This theory is an extension of Stalnaker’s famous pragmatic ‘common ground’ framework. In this framework, assertions are modelled as proposals to update the ‘common ground’ (the set of shared assumptions) between conversational interlocutors. (shrink)

Some revisionary ontologies are highly parsimonious: they posit far fewer entities than what we quantify over in ordinary discourse. The most radical examples are minimal ontologies, on which physical simples are the only things that exist. Highly parsimonious ontologies, and especially minimal ones, face the challenge of either accounting for the truth of our ordinary quantificational discourse, or paraphrasing such discourse away. Common strategies for addressing this challenge include classical reduction, paraphrase nihilism, and a distinction between ontological and existence commitments. (...) I argue, however, that these strategies are either implausible or fail to provide truth conditions consistent with minimal or parsimonious ontologies. I then discuss, defend, and suggest ways to strengthen an alternative framework for reduction, on which the sentences of reducing theories ground those of reducible theories. Relative to the other options for defending minimal ontology, a strengthened grounding-reductive approach can provide more defensible truth conditions for minimal ontology, better preserve scientific realist intuitions, set a more attainable standard for reduction, and allow our existence commitments to be more responsive to empirical evidence and scientific expertise. As a result, I argue that minimal ontology becomes more defensible—though not certain—on a grounding-reductive framework. But even if minimal ontology were wrong, the grounding-reductive framework makes other parsimonious but non-minimal ontologies more plausible. (shrink)

This paper offers a modification of Fabrice Correia's and Alexander Skiles' ("Grounding, Essence, and Identity") definition of grounding in terms of generalized identity that extends it to zero-grounding. This definition promises to improve our understanding of zero-grounding by capturing it within the framework of generalized identity and allows an essentialist theory of modality based on Correia's and Skiles' account to resist a recent challenge by Jessica Leech. The latter is achieved by combining the following two ideas: (1) Some (...) necessities are grounded in truths about zero-grounding, and (2) at least some identity truths are zero-grounded. Finally, some advantages of the zero-grounding approach over Correia's and Skiles' recent definition of necessity in terms of generalized identity and logical consequence are argued for. (shrink)

Grounded theory methodology is perceived as challenging due to its systematic and rigorous process. However, this is because most people do not realize that the strategies used in the grounded theory data analysis process are used by laypeople and professionals regularly, if not daily. This article aims to help others interested in grounded theory with a background in qualitative data analysis feel comfortable engaging in the methodology and constructing multiple theories in the same study. (...) It shares my latest experience incorporating various data analysis strategies with the constructivist approach: holistic and systems thinking, situational analysis, dramaturgical analysis, perspective taking, and abstraction. The examples remove the mystery from abstraction and abductive reasoning. (shrink)

Dung’s argumentation frameworks are formalisms widely used to model interaction among arguments. Although their study has been profusely developed in the field of Artificial Intelligence, it is not common to see its treatment among those less connected to computer science within the logical-philosophical community. In this paper we propose to bring to that audience a proof-theory for argument justification based on tableaux, very similar to those the Logic students are familiar with. The tableaux enable to calculate whether an argument (...) or subset of arguments are accepted or rejected in accordance to Dung’s preferred and grounded extension-based semantics. Soundness and completeness results regarding those semantics are provided. (shrink)

Colour is, according to prevailing orthodoxy in perceptual psychology, a kind of autonomous and unitary attribute. It is regarded as unitary or homogeneous by assuming that its core properties do not depend on the type of ‘perceptual object’ to which it pertains and that‘colour per se’ constitutes a natural attribute in the functional architecture of the perceptual system. It is regarded as autonomous by assuming that it can be studied in isolation of other perceptual attributes. These assumptions also provide the (...) pillars for the technical field of colorimetry, and have proved very fruitful for neurophysiological investigations into peripheral colour coding. They also have become, in a technology-driven cultural process of abstraction, part of our common-sense conception of colour. With respect to perception theory, however, both assumptions are grossly inadequate, on both empirical and theoretical grounds. All the same, the idea of an internal homogeneous and autonomous attribute of ‘colour per se’, mostly taken not as an empirical hypothesis but as a kind of truism, became a guiding idea in perceptual psychology. Here, it has impeded the identification of relevant theoretical issues and consequently has become detrimental for the development of explanatory frameworks for the role of ‘colour’ within the structure of our perceptual system. The chapter argues that enquiries into colour perception cannot be divorced from general enquiries into the structure of the conceptual forms underlying perception. (shrink)

The paper presents the heterogeneous proxytypes hypothesis as a cognitively-inspired computational framework able to reconcile, in both natural and artificial systems, different theories of typicality about conceptual representation and reasoning that have been traditionally seen as incompatible. In particular, through the Dual PECCS system and its evolution, it shows how prototypes, exemplars and theory-theory like conceptual representations can be integrated in a cognitive artificial agent (thus extending its categorization capabilities) and, in addition, can provide useful insights in (...) the context of a computationally grounded science of the mind. (shrink)

In this paper, we provide an analysis of the concept of legal personality and discuss whether personality may be conferred on artificial intelligence systems (AIs). Legal personality will be presented as a doctrinal category that holds together bundles of rights and obligations; as a result, we first frame it as a node of inferential links between factual preconditions and legal effects. However, this inferentialist reading does not account for the ‘background reasons’ of legal personality, i.e., it does not explain why (...) we cluster different situations under this doctrinal category and how extra-legal information is integrated into it. We argue that one way to account for this background is to adopt a neoinstitutional perspective and to update the ontology of legal concepts with a further layer, the meta-institutional one. We finally argue that meta-institutional concepts can also support us in finding an equilibrium around the legal-policy choices that are involved in including (or not including) AIs among legal persons. (shrink)

This article presents a metaphysical approach to the interpretation of the role of things-in-themselves in Kant’s theoretical philosophy. This focuses upon identifying their transcendental function as the grounding of appearances. It is interpreted as defining the relation of appearing as the grounding of empirical causality. This leads to a type of dual-aspect account that is given further support through a detailed examination of two sections of Kant’s first Critique. This shows the need to embed this dual-aspect account within a two-perspective (...) framework. The resulting picture is contrasted with the main rival theories and objections are addressed. (shrink)

This article aims to provide a theory of atonement, termed the "Agápēic Theory," which is formulated within a philosophical framework that has the aim of humans flourishing to the maximum level through partaking in an everlasting relationship of love with God. The Agápēic Theory will be formulated by using a certain conception of love, introduced by Alexander Pruss, into the field of applied ethics, and also various elements from other existing theories of the Atonement found within (...) the fields of analytic theology, in the work of Richard Swinburne, Eleonore Stump and Robin Collins, and systematic/biblical theology, in the work of Karl Barth and N.T Wright, which will both help to ground the Agápēic Theory on firm philosophical and theological grounds and ultimately provide a robust theory of the Atonement. (shrink)

In this paper we motivate and develop the analytic theory of measurement, in which autonomously specified algebras of quantities (together with the resources of mathematical analysis) are used as a unified mathematical framework for modeling (a) the time-dependent behavior of natural systems, (b) interactions between natural systems and measuring instruments, (c) error and uncertainty in measurement, and (d) the formal propositional language for describing and reasoning about measurement results. We also discuss how a celebrated theorem in analysis, known (...) as Gelfand representation, guarantees that autonomously specified algebras of quantities can be interpreted as algebras of observables on a suitable state space. Such an interpretation is then used to support (i) a realist conception of quantities as objective characteristics of natural systems, and (ii) a realist conception of measurement results (evaluations of quantities) as determined by and descriptive of the states of a target natural system. As a way of motivating the analytic approach to measurement, we begin with a discussion of some serious philosophical and theoretical problems facing the well-known representational theory of measurement. We then explain why we consider the analytic approach, which avoids all these problems, to be far more attractive on both philosophical and theoretical grounds. (shrink)

In the monograph Philosophy and Psychedelics: Frameworks for Exceptional Experience, Hauskeller raises the important subject of individualization and alienation in psychedelic psychotherapy. Under the prevailing conditions of neoliberalism, Hauskeller contends that psychedelic-assisted psychotherapy appropriates Indigenous knowledges in an oppressive fashion, may be instrumentalised to the ends of productivity gain and symptom suppression, and may be utilised to mask societal systems of alienation. Whilst offering a valuable socio-political critique of psychedelics' clinical uptake, we suggest that Hauskeller's view does not adequately acknowledge (...) the ways in which psychedelics offer a challenge to the Western reductive bio-medical understanding of healing and wellbeing. It is contended herein that Indigenous knowledges, in alliance with a range of emerging sciences, offer both an engagement with ethnomedicines in a less harmfully appropriative fashion, and a renewed understanding of the means by which psychedelics achieve therapeutic change. With this understanding, what becomes apparent are the potential ways in which psychedelic medical usage may produce positive feedback upon the oppressive systems in which we are embedded. That is, transpersonal experience through encounters with the ineffable may offer a revisioning of Western psychology and cognitive science. Indeed, if psychedelics are approached with an understanding of the actual means by which they produce therapeutic outcomes—changing mental representations of the self, or self-insight derived through non-ordinary states of consciousness—then psychedelic psychotherapy offers a reimagining of psychiatric nosology, challenging conventional understandings of both pathology and wellbeing through an overturning of specified and discrete deficit models of psychopathology. This may provide both a critique of the prevailing categories used to describe madness and an expansion of our understanding of the mind-body relation, as well as an increased recognition of positive psychology grounded in cross-cultural contemplative traditions. This provides an implicit challenge to the pharmaceutical industrial-complex and its profit motives; and the corresponding neoliberalist, globalising tendencies which Hauskeller seeks to address. -/- . (shrink)

Safe-by-Design (SBD) frameworks for the development of emerging technologies have become an ever more popular means by which scholars argue that transformative emerging technologies can safely incorporate human values. One such popular SBD methodology is called Value Sensitive Design (VSD). A central tenet of this design methodology is to investigate stakeholder values and design those values into technologies during early stage research and development (R&D). To accomplish this, the VSD framework mandates that designers consult the philosophical and ethical literature (...) to best determine how to weigh moral trade-offs. However, the VSD framework also concedes the universalism of moral values, particularly the values of freedom, autonomy, equality trust and privacy justice. This paper argues that the VSD methodology, particularly applied to nano-bio-info-cogno (NBIC) technologies, has an insufficient grounding for the determination of moral values. As such, an exploration of the value-investigations of VSD are deconstructed to illustrate both its strengths and weaknesses. This paper also provides possible modalities for the strengthening of the VSD methodology, particularly through the application of moral imagination and how moral imagination exceed the boundaries of moral intuitions in the development of novel technologies. (shrink)

In this paper, we take a meta-theoretical stance and aim to compare and assess two conceptual frameworks that endeavor to explain phenomenal experience. In particular, we compare Feinberg & Mallatt’s Neurobiological Naturalism (NN) and Tononi’s and colleagues' Integrated Information Theory (IIT), given that the former pointed out some similarities between the two theories (Feinberg & Mallatt 2016c-d). To probe their similarity, we first give a general introduction to both frameworks. Next, we expound a ground plan for carrying out our (...) analysis. We move on to articulate a philosophical profile of NN and IIT, addressing their ontological commitments and epistemological foundations. Finally, we compare the two point-by-point, also discussing how they stand on the issue of artificial consciousness. (shrink)

This dissertation examines the dynamical dark matter problem in twentieth century astrophysics from the point of view of History and Philosophy of Science. The dynamical dark matter problem describes the situation astronomers find themselves in with regard to the dynamics of large scale astrophysical systems such as galaxies and galaxy clusters: The observed motions are incompatible with the visible distribution matter given the accepted law of gravitation. This discrepancy has two classes of possible solutions: either there exists copious amounts of (...) some kind of matter that neither emits nor absorbs radiation , or the law of gravitation must be revised. ;Chapter 2 describes the physical and philosophical foundations of dynamical inferences---inferences from discrepancies between well-founded theoretical expectations and reliable observations to the characteristics of candidate solutions. Chapter 3 discusses the history of dark matter . Chapter 4 reviews the present evidence bearing on the dark matter problem. Chapter 5 evaluates the important candidate matter solutions in light of the available evidence. Chapter 6 evaluates two candidate gravitational solutions on evidential and methodological grounds, and addresses the problem of theory choice. I do not try to solve the dark matter problem, but to uncover and evaluate patterns of inference involved in evidential arguments for and against candidate solutions. ;I show that Newton's "Reasoning from Phenomena" is a good framework from which to understand what is going on in this field. I argue that "higher order" and especially non-dynamical evidence is the best hope for solving this problem in dynamics. This is so in part because of "the dark matter double bind": the very existence of the dark matter problem means that we cannot be sure of the overall matter distribution in astrophysical systems, and this in turn means that the observed motions by themselves cannot provide relative confirmation of any theory of gravitational interactions taking place at these scales. I use Newton's Rules of Reasoning to argue that we should retain General Relativity as our theory of gravity at galactic and greater scales, despite the lack of positive evidence to confirm it over its rivals at these scales. (shrink)

Merleau-Ponty's reference to "a past which has never been present" at the end of "Le sentir" challenges the typical framework of the Phenomenology of Perception, with its primacy of perception and bodily field of presence. In light of this "original past," I propose a re-reading of the prepersonal as ground of perception that precedes the dichotomies of subject-object and activity-passivity. Merleau-Ponty searches in the Phenomenology for language to describe this ground, borrowing from multiple registers (notably Bergson, but also Husserl). (...) This "sensory life" is a coexistence of sensing and sensible—bodily and worldly—rhythms. Perception is, then, not a natural given, but a temporal process of synchronization between rhythms. By drawing on Bergson, this can be described as a process in which virtual life is actualized into perceiving subject and object perceived. Significantly, this process involves non-coincidence or delay whereby sensory life is always already past for perception. (shrink)

In this article we address the question of individual identity and its place – or rather omission – in contemporary discussions about the cosmopolitan extension of liberalism as the dominant political theory. The article is divided into two parts. In the first part we show that if we consistently emphasise the complementarity of the “inner” and “outer” identity of a person, which is essential to liberalism from its very beginnings, then a fundamental flaw in the liberal cosmopolitan project becomes (...) apparent. This is the underestimation of the indispensability of an unambiguously determined public framework which will fix and enforce liberal principles and values in a comprehensible way. Such a framework for liberalism was always the political community and then, above all, the modern state, in which the liberal identity could then be realised. The discussion in this part of the article prepares the ground for an examination, in the second part, of a dilemma which cosmopolitan liberalism must face. In the second part we argue that the attempt to tackle the given problem presents liberals with the following dilemma: either it is necessary to plead for the institution of a global political authority (a “world state”), or to give up the belief that fundamental liberal principles and values can be realised to a global extent. We show, at the same time, that because of the character and ambitions of the cosmopolitan project, the promise of plural identities and multi­centred law cannot be relied upon. By way of conclusion we then ask what is the price of the realisation of cosmopolitan liberal ideals. -/- NOTE: This is a two-part article (in Czech). For download here is the first part; please see the link below for the second part as well. (shrink)

This paper centers on the implicit metaphysics beyond the Theory of Relativity and the Principle of Indeterminacy – two revolutionary theories that have changed 20th Century Physics – using the perspective of Husserlian Transcedental Phenomenology. Albert Einstein (1879-1955) and Werner Heisenberg (1901-1976) abolished the theoretical framework of Classical (Galilean- Newtonian) physics that has been complemented, strengthened by Cartesian metaphysics. Rene Descartes (1596- 1850) introduced a separation between subject and object (as two different and self- enclosed substances) while Galileo (...) and Newton did the “mathematization” of the world. Newtonian physics, however, had an inexplicable postulate of absolute space and absolute time – a kind of geometrical framework, independent of all matter, for the explication of locality and acceleration. Thus, Cartesian modern metaphysics and Galilean- Newtonian physics go hand in hand, resulting to socio- ethical problems, materialism and environmental destruction. Einstein got rid of the Newtonian absolutes and was able to provide a new foundation for our notions of space and time: the four (4) dimensional space- time; simultaneity and the constancy of velocity of light, and the relativity of all systems of reference. Heisenberg, following the theory of quanta of Max Planck, told us of our inability to know sub- atomic phenomena and thus, blurring the line between the Cartesian separation of object and subject, hence, initiating the crisis of the foundations of Classical Physics. But the real crisis, according to Edmund Husserl (1859-1930) is that Modern (Classical) Science had “idealized” the world, severing nature from what he calls the Lebenswelt (life- world), the world that is simply there even before it has been reduced to mere mathematical- logical equations. Husserl thus, aims to establish a new science that returns to the “pre- scientific” and “non- mathematized” world of rich and complex phenomena: phenomena as they “appear to human consciousness”. To overcome the Cartesian equation of subject vs. object (man versus environment), Husserl brackets the external reality of Newtonian Science (epoché = to put in brackets, to suspend judgment) and emphasizes (1) the meaning of “world” different from the “world” of Classical Physics, (2) the intentionality of consciousness (L. in + tendere = to tend towards, to be essentially related to or connected to) which means that even before any scientific- logical description of the external reality, there is always a relation already between consciousness and an external reality. The world is the equiprimordial existence of consciousness and of external reality. My paper aims to look at this new science of the pre- idealized phenomena started by Husserl (a science of phenomena as they appear to conscious, human, lived experience, hence he calls it phenomenology), centering on the life- world and the intentionality of consciousness, as providing a new way of looking at ourselves and the world, in short, as providing a new metaphysics (as an antidote to Cartesian metaphysics) that grounds the revolutionary findings of Einstein and Heisenberg. The environmental destruction, technocracy, socio- ethical problems in the modern world are all rooted in this Galilean- Newtonian- Cartesian interpretation of the relationship between humans and the world after the crumbling of European Medieval Ages. Friedrich Nietzsche (1844-1900) comments that the modern world is going toward a nihilism (L. nihil = nothingness) at the turn of the century. Now, after two World Wars and the dropping of Atomic bomb, the capitalism and imperialism on the one hand, and on the other hand the poverty, hunger of the non- industrialized countries alongside destruction of nature (i.e., global warming), Nietzsche might be correct: unless humanity changes the way it looks at humanity and the kosmos. The works of Einstein, Heisenberg and Husserl seem to be pointing the way for us humans to escape nihilism by a “great existential transformation.” What these thinkers of post- modernity (after Cartesian/ Newtonian/ Galilean modernity) point to are: a) a new therapeutic way of looking at ourselves and our world (metaphysics) and b) a new and corrective notion of “rationality” (different from the objectivist, mathematico- logical way of thinking). This paper is divided into four parts: 1) A summary of Classical Physics and a short history of Quantum Theory 2) Einstein’s Special and General Relativity and Heisenberg’s Indeterminacy Principle 3) Husserl’s discussion of the Crisis of Europe, the life- world and intentionality of consciousness 4) A Metaphysics of Relativity and Indeterminacy and a Corrective notion of Rationality in Husserl’s Phenomenology . (shrink)

No USA president in history has received as much opposition as Donald Trump has from all three components of the Establishment, namely the financial establishment, the political establishment and the corporate media establishment. The election of Donald Trump to the office of presidency is marked with dozens of historical first events that are anything but lackluster, yet a bleak picture of Fascism has been painted to describe Trump. This is an extraordinary piece of disinformation, as no modern president has been (...) more consistent in plainly saying what he will do regarding US military and geopolitical goals, both outside and in office. This, even though his stated position is clearly opposite to the wishes of the dominant cabal, supported by both parties, and to US foreign policy since WWII. USA history is not very long, but Trump presidency and his inaugural speech marked a historic starting point for this 'democracy'. Every sentence of Donald J. Trump's inaugural speech was a departure from diplomacy. Knowing what diplomacy actually means, it's a great step toward transparency. It is the best thing that happened in US political history. It is no surprise the Media established completely flipped, the political establishment gasped, and the financial establishment started to conspire a different strategy (George Soros declaring he wants Trump presidency to fail). In the mean time, the typically apolitical science and technology establishment declared Trump completely unfit for the office that he has just been elected to. Trump’s inaugural speech that contained phrases like, "It's time to remember that old wisdom our soldiers will never forget, that whether we are black or brown or white, we all bleed the same red blood of patriots", was in sharp contrast to how Abraham Lincoln viewed America, when he said, "I, as much as any other man, stand in favor of having the superior position assigned to the white race… I have no purpose to introduce political and social equality between the white and the black races." Trump’s embrace of humanity and righteousness was reminiscent of Prophet Muhammad’s last sermon at the pilgrimage, where he said over 1400 years, "An Arab is no better than a non-Arab, and a non-Arab is no better than an Arab; a red man is no better than a black man and a black man is no better than a red man – except if it is in terms of piety." Yet, Trump took oath of office swearing on the bible used by Abraham Lincoln. In this two-part paper, the key research question answered is what Trump presidency stands for. In answering this question, the first part deconstructs some of the dominant theories of Fascism. Then, a delinearized history is constructed in order to understand how democracy, as applied in USA, has an inevitable outcome of achieving the same goals as a Fascist regime. The concept of religious extremism, including “Islamic terrorism” or “radical Islam” is also discussed with relevance to ‘war on terror’. The history of US presidency then shows that the office of presidency is used as a tool to advance a Fascist agenda, albeit being packaged as USA exceptionalism. The ground is set for part 2 that analyses the rise of Trump and the demise of DNC integrity, followed by deconstruction of various allegations against Trump. (shrink)

Safe-by-Design (SBD) frameworks for the development of emerging technologies have become an ever more popular means by which scholars argue that transformative emerging technologies can safely incorporate human values. One such popular SBD methodology is called Value Sensitive Design (VSD). A central tenet of this design methodology is to investigate stakeholder values and design those values into technologies during early stage research and development (R&D). To accomplish this, the VSD framework mandates that designers consult the philosophical and ethical literature (...) to best determine how to weigh moral trade-offs. However, the VSD framework also concedes the universalism of moral values, particularly the values of freedom, autonomy, equality trust and privacy justice. This paper argues that the VSD methodology, particularly applied to nano-bio-info-cogno (NBIC) technologies, has an insufficient grounding for the determination of moral values. As such, an exploration of the value-investigations of VSD are deconstructed to illustrate both its strengths and weaknesses. This paper also provides possible modalities for the strengthening of the VSD methodology, particularly through the application of moral imagination and how moral imagination exceed the boundaries of moral intuitions in the development of novel technologies. (shrink)

This paper takes as its focus William James' (1884, 1890) and Anthony Kenny's (1963) proposals and strives to show that their point of view is better understood when interpreted as proposals for investigations with different objectives and placed at different angles of complex research revolving around emotions. As James and Kenny are conceived, furthermore, as paradigmatic authors of, respectively, the none–cognitive and cognitive perspectives, this approach to the interpretation of their positions will create new access routes for a dialogue between (...) the traditions and will establish new grounds for a reconciliation between these conceptions in a more ample framework. (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)

On one standard philosophical position adopted by evolutionary naturalists, human ethical systems are nothing more than evolutionary adaptations that facilitate social behavior. Belief in an absolute moral foundation is therefore in error. But evolutionary naturalism, by its commitment to the basic valutional concept of fitness, reveals another, logical error: standard conceptions of value in terms of simple predication and properties are mistaken. Valuation has instead, a relational structure that makes reference to respects, subjects and environments. This relational nature is illustrated (...) by the analogy commonly drawn between value and color. Color perception, as recognized by the ecological concept, is relational and dependent on subject and environment. In a similar way, value is relational and dependent on subject and environment. This makes value subjective, but also objective in that it is grounded on facts about mattering. At bottom, values are complex relational facts. The view presented here, unlike other prominent relational and naturalistic conceptions of value, recognizes the full range of valuation in nature. The advantages of this relational conception are first, that it gets valuation right; second, it provides a framework to better explain and understand valuation in all its varieties and patterns. (shrink)

The viability of metaphysics as a field of knowledge has been challenged time and again. But in spite of the continuing tendency to dismiss metaphysics, there has been considerable progress in this field in the 20th- and 21st- centuries. One of the newest − though, in a sense, also oldest − frontiers of metaphysics is the grounding project. In this paper I raise a methodological challenge to the new grounding project and propose a constructive solution. Both the challenge and its (...) solution apply to metaphysics in general, but grounding theory puts the challenge in an especially sharp focus. The solution consists of a new methodology, holistic grounding or holistic metaphysics. This methodology is modeled after a recent epistemic methodology, foundational holism, that enables us to pursue the foundational project of epistemology without being hampered by the problems associated with foundationalism. (shrink)

A qualitative study was conducted to examine the philosophy of technology of K-12 technology leaders, and explore the influence of their thinking on technology decision making. The research design aligned with CORBIN and STRAUSS grounded theory methods, and I proceeded from a research paradigm of critical realism. The subjects were school technology directors and instructional technology specialists, and data collection consisted of interviews and a written questionnaire. Data analysis involved the use of grounded theory methods including (...) memo writing, open and axial coding, constant comparison, the use of purposive and theoretical sampling, and theoretical saturation of categories. Three broad philosophy of technology views were widely held by participants: an instrumental view of technology, technological optimism, and a technological determinist perspective that saw technological change as inevitable. Technology leaders were guided by two main approaches to technology decision making, represented by the categories Educational goals and curriculum should drive technology, and Keep up with Technology (or be left behind). The core category and central phenomenon that emerged was that technology leaders approached technology leadership by placing greater emphasis on keeping up with technology, being influenced by an ideological orientation to technological change, and being concerned about preparing students for a technological future. (shrink)

This study focuses on the experimental and philosophical analysis of the meaning of life in death situation, according to Wittgenstein’s way of life and sayings during the war. The method of extraction and analysis of information is grounded theory. For this purpose, Wittgenstein’s writings such as his letters and memories, and other’s texts about his life and his internal moods were analyzed. After analyzing the collected information and categorizing them in frames of open codes, axial codes, etc. we (...) recognized that Wittgenstein's point of view in death situation was supernatural God-centered. By reading Tolstoy gospel and Dostoyevsky's works, Wittgenstein has reached a kind of religious awakening in that period of his life. But before and after the war period he had a naturalistic point of view toward the meaning of life, in which moral values are in the core. (shrink)

There is a shortage of clergy, at least in the Roman Catholic Church. Protestant churches in general are experiencing more of a distribution or placement challenge than a shortage. The two greatest hindrances to addressing the Protestant clergy distribution challenge are a lack of adequate compensation for clergy and the undesirable geographical location of a number of churches, as perceived by clergy. Influences such as secularisation, duality of vocation, time management, change in type of ministry, family issues, congregational and denominational (...) conflict, burnout, sexual misconduct, divorce or marital problems, and suicide, affect clergy. Studies on the shortage of clergy have been conducted mostly in the USA and Europe and not in South Africa. This article focuses on the research gap by means of a practical theological grounded theory exploration of the exodus of clergy. Grounded theory methodology is used to identify the reasons why clergy trained at a Bible college of a Protestant charismatic mega church leave full-time pastoral ministry. Findings correspond to previous studies with two reasons appearing more frequently than others: responding to a call and leadership related issues. Firstly, respondents differed in their replies with respect to reconciling their exit from full-time pastoral ministry with their call. The replies included not being called, a dual call, or called but left anyway. Secondly, respondents indicated that leadership influence was mostly negative with regard to affirming their call. (shrink)

The recent rise of artificial intelligence (AI) systems has led to intense discussions on their ability to achieve higher-level mental states or the ethics of their implementation. One question, which so far has been neglected in the literature, is the question of whether AI systems are capable of action. While the philosophical tradition appeals to intentional mental states, others have argued for a widely inclusive theory of agency. In this paper, I will argue for a gradual concept of agency (...) because both traditional concepts of agency fail to differentiate the agential capacities of AI systems. (shrink)

We present a multidisciplinary, universal a pragmatic theory of causation based explicitly on five methodological causal seminal dimensions. The first one is called formal-mathematical-idealist theory and emerges as a meta-conceptual fusion of several existing causal theories. The second one is essentially based on a global, scientific and technical perspective. In fact, this can be considered as a meta-dimension encompassing a huge number of academic disciplines. The third dimension arises once more as combination of former approaches having the mind (...) and its laws as the central paradigm. The fourth one is structurally related with our subjective phenomenological world and its objective impact on the external universe. And, finally, the fifth dimension is closely related with the first one, but more oriented toward the global implicit purpose of the universe and what this implies causally on the events in nature. We give several concrete examples elucidating the explanatory range of our theory. (shrink)

Physicians try hard to alleviate mental and physical ailments of their patients. Thus, they are heavily burdened by observing ethics and staying well-informed while improving health of their patients. A major ethical concern or dilemma in medication is that some physicians know their behavior is unethical, yet act against their moral compass. This study develops models of theory–practice gap, offering optimal solutions for the gap. These solutions would enhance self-motivation or remove external obstacles to stimulate ethical practices in medicine. (...) The Constructivist Grounded Theory Methodology is applied here where the participants and the main researcher mutually interacted with each other. Data collection was performed through qualitative methods including observation and semi-structured interviews with 21 physicians and medical students. Initial and focused coding was done, from which principal concepts were later extracted. MAXQDA software was used for analyzing data. Analysis of twelve major concepts in the study resulted in two factors and solution groups, from which four general notions influencing the ethical theory and practice gap in medicine were extracted: providing effective education to change attitude and behavior; considering motivational and emotional factors; reconstructing regulations and processes to facilitate ethical practice; conducting comprehensive and systematic studies. The existing medical educational system needs to be reconsidered to add to individual internal motivation, including optimizing persuasion strategies, maximizing participation of students, adhering to virtuous ethical theories, and fostering emotions. Additionally, regulations and processes can be reconstructed to remove practical obstacles and promote ethical practice with insignificant damages to individual self-motivation. (shrink)

This paper surveys some of the grounding literature searching for points of contact between theories of ground and science. I find that there are some places where a would-be naturalistic grounding theorist can draw inspiration. I synthesize a list of recommendations for how science may be put to use in theories of ground. I conclude that the prospects for naturalizing the metaphysics of ground are bright.

Few scholars have explored the founding documents to identify the deliberate social change strategy that led to America's independence and a new form of government that was of, by, and for the people. This study aimed to apply a post-hoc polytheoretical framework of power to the findings of a democratic social change study to understand the dynamics of power between Great Britain and the American colonists. The original study employed the constructivist grounded theory tradition to explore democracy (...) in the Declaration of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. This produced two frameworks of power strategies, one empowering and the other demoralizing: principles of democracy and anti-democratic tenets. To gain a holistic perspective of the interplay of power, a polytheoretical framework of power consisting of theories of power proposed by Marx and Engels, Bourdieu, and Foucault was employed to discuss the findings. The findings suggested that democratic social change interacts with structural forces, culture, and power strategy selection. This could provide an alternative lens through which to explore whether people of color in America were used instrumentally to sustain democracy. (shrink)

This paper has two goals. The first is to argue that the field of bioethics in general and the literature on ideal vs. nonideal theory in particular has underemphasized a primary problem for normative theorizing: the role of conditioning principles. I define these as principles that implicitly or explicitly ground, limit, or otherwise determine the construction and function of other principles, and, as a result, profoundly impact concept formation, perception, judgment, and action, et al. The second is to demonstrate (...) that ableism is one such conditioning principle and that it undermines the field of bioethics and the practice of biomedicine from achieving the aim of justice as fairness. After briefly addressing the history and critiques of principlism in bioethics, I lay out and defend my account of conditioning principles. I then argue that ableism is one such principle and demonstrate it at work through an analysis of a storied debate between Eva Kittay, Peter Singer, and Jeff McMahan. In conclusion, I contend that the ethical and philosophical dangers of conditioning principles are too easily exacerbated by ideal theory frameworks, and I do so by demonstrating how they are especially liable to generate epistemic injustice, especially contributory and hermeneutical injustice. (shrink)